Loading...
HomeMy WebLinkAbout09/08/1992 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 8, 1992 The City Council of the City of Costa Mesa, California, met in regular session September 8, 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 Genis. 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/Development Services Donald Lamm Public Services Director William Morris City Clerk Eileen Phinney MINUTES On motion by Council Member Buffa, seconded by Council Member August 17, 1992 Erickson, and carried 5-0, the minutes of the regular meeting of August 17, 1992, were approved. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, to reading all ordinances by title only. ORAL COMMUNI- Janice Davidson, 1982 Arnold Avenue, Costa Mesa, commented that CATIONS at the last Council meeting during the public hearing for the Parks, Recreation and Open Space Master Plan, Council Member Buffa Davidson Comments stated that no one had spoken to him about problems with the City parks; however, she recalled that in 1989, she and representatives from Pomona and Wilson schools met with him and one of their concerns was the parks on the west side. In addition, she asserted that she has spoken to Council about the parks at least twice this year. Ms. Davidson spoke about the need for stricter safety regulations for those who have swimming pools. She also mentioned that since the City of Santa Ana started removing the homeless from its Civic Center area, some of these people have moved to Costa Mesa. She suggested setting up a "tent city" and offered to get volunteers to help. - Golf Rates for F. W. (Tex) Tunnell, 274 East 15th Street, Costa Mesa, reported Senior Citizens that he has spoken with senior citizens who play golf at the Costa Mesa Golf Course, and they are dismayed about having to pay $8.00 per round instead of being able to use their $50.00 -per -month pass. The City Manager responded that there were some misunder- standings regarding the agreement with the new concessionaire, Mesa Verde Partners, and assured Mr. Tunnell that the $50.00 -per - month pass will be valid for approximately 6 to 12 months. He confirmed that the rate for Costa Mesa seniors without passes is $8.00 per round. Responding to a question from Vice Mayor Genis about giving credit to those who had passes but had to pay the $8.00 per round, the City Manager advised that the resolution will probably be to give those seniors a prorated card for the remainder of the month. Senior Citizen Anne Shereshevsky, 2152 Elden Avenue, Costa Mesa, invited all Center seniors to participate in the activities at the new Senior Citizen Center and assured, Council that the majority of over 19,000 Costa Mesa seniors are happy, satisfied, and grateful for this new building. She also spoke about the need for donations for the upkeep of the Center. Bike Trails Robert Graham, 2865 Chios Road, Costa Mesa, showed photographs of the golf course bike trail, starting north of the golf course, near the Santa Ana River, and on to Golf Course Road. He noted that the trail continues to the right; however, he felt the trail should have gone to the left, onto the golf course property almost to Fairview Park, but this planwas abandoned because 13 homeowners did not want a bike trail in front of their properties. He pointed out the block wall erected by the City on the south side of the golf course, and stated that this resulted in the trail being routed along the street. He suggested opening the gates at the City yard to allow students to walk through the yard to get to Estancia High School. Mr. Graham showed an area where he felt the bike trail should continue, but trees are now being planted there (along the southerly property line of Estancia High School adjacent to the parking lot). He showed a photograph of a very old sign on Placentia Avenue which he asked to have removed. Mayor Hornbuckle requested that the City Manager have the sign removed and to address the issues raised by Mr. Graham. The City Manager, reported that he had written a letter to Mr. Graham regarding the disposition of the golf course bike trail, a copy of which was sent to the Council Members. On the matter of the bike trail at the 'Corporation Yard, the City Manager confirmed that it has been closed off, however, he felt this matter should be reviewed by Council because children have been riding their bicycles through the yard where heavy equipment is stored, creating an extremely unsafe condition. He advised Council that letters were sent to residents in that area requesting that they remove any illegal structures so a bike trail can be constructed. The City Manager responded to a question from the Mayor by reporting that the Transportation Commission has authority over the bike trail system, but noted that the. Parks, Recreational Facilities and Parkways Commission has expressed a great deal of interest in the bike trails. He felt a joint effort by both commissions would be appropriate in making recommendations to Council on a General Plan Amendment for the Master Plan of Bikeways. The Public Services Director reported that the tree planting referenced by Mr. Graham is part of the traffic signals and safety lighting project at Placentia Avenue and the new Corporation Yard entrance, and parking lot improvements at Estancia High School. He also mentioned that the State has already approved approxi- mately $138,000.00 to construct the bike trail at the Corporation Yard once the right-of-way has been cleared. Boy Scout Troop 40 Mayor Hornbuckle welcomed members of Boy Scout Troop 40. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, mentioned that the news- papers are saying that more people are leaving California than J 1 moving into the State, and wondered what happened to all the traffic which was projected for the year 2010. Mr. Soffer commented that other cities, 'counties, -.-and states are trying to lure businesses into their jurisdictions by offering all kinds of incentives; however, it seemed to him that the City of Costa Mesa was making it harder and harder for local businessmen to stay in business and for a business- man to open a new business. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 5, Warrant Resolution 1527; Item 6, Contract award for Traffic Signal Modification.- Newport Boulevard at 18th Street/Rochester Street; Item 11, Completion of concrete slab replacement at the golf course clubhouse; Item 15, Agreements with Stater Bros. Markets and C. J. Segerstrom and Sons for right-of-way acquisition at Fairview ,Road and Baker Street; and Item 17, 1992-93 Intermodal Surface Transportation Efficiency Act (ISTEA) Capital Improvement Program. :;.. On motion by Council Member Humphrey, seconded by Council Member Erickson, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Hornbuckle, Genis, Buffa Humphrey, Erickson NOES: None ABSENT: None READING FOLDER On motion by Council Member Humphrey, seconded by Council Member Erickson, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Gerald Beusee; Larry H. Brown; Gerald J. Cartwright; Bill Pollock; and Mary F. Secord. Alcoholic Alcoholic Beverage Licenses for which parking has been approved Beverage by the Planning staff: Alpha Beta Store No. 81, doing business at Licenses 2200 Harbor Boulevard; Alpha Beta Store No. 29, doing business at 241 East 17th Street; Utako F. Rew, doing business as Mitae Ramen Japanese Ramen House, 750 St. Clair Street; Helene Briggs, doing business as.The Wrapper, 3333 Bear Street, Suites 136, 220, and 1013. AQMD Resolution from the City of Buena Park supporting the final report of the Special Commission on Air Quality and the Economy which was presented to the South Coast Air Quality Management District Board. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose was B'Nai B'Rith Women received from B'Nai B'Rith Women - Simcha Chapter, 8566 Trinity Circle, Suite 815D, Huntington Beach, by selling tickets in front of MOTION markets from September 9 to December 1, 1992. On motion by Permit Approved Council Member Humphrey, s seconded by Council Member Erickson, and carried 5-0, the permit was approved pursuant to Municipal Code Section 9-229. SET FOR PUBLIC On motion by Council Member Humphrey, seconded by Council HEARING Member Erickson, and carried 5-0, the following items were set for public hearing on the dates indicated, at 6:30 p.m., in the Council Chambers of City Hall: R-92-03 September 21, 1992: Rezone Petition R-92-03, City of Costa Mesa, City of Costa Mesa to change the zoning of various properties located in General Plan r2 Planning Areas 5 and 6 to be consistent with the 1990 General Plan. Environmental Determination: Environmental Impact Report (EIR) No. 1044 adopted for the 1990 General Plan. EncroachmentPermits October 5, 1992: An ordinance amending Titles 13 and 15 of the Costa Mesa Municipal Code regarding Encroachment Permits. Environmental Determination: Exempt. ADMINISTRATIVE The Final Map was presented for Tract No. 14470, six lots, 0.36 - ACTIONS j acre, located at 2176 Pacific Avenue, for condominiums; Christina Lien and Yin Chuan Peng, developers, 21 Warmspring, Irvine. On Final Map for motion by Council Member Humphrey, seconded by Council Tract No. 14470 Member Erickson, and carried 5-0, the map was approved; Council Lien/Peng did accept on behalf of the City, the ingress/egress easement over Lot "A" for emergency and security vehicle purposes as shown on MOTION the map; approved, said map pursuant to provisions of Section Map Approved 66436(a)(3)(A) of the Subdivision Map Act; 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 No. 14536, seven lots, Tract No. 14536 ; 0.462 -acre, located at 2525 Orange Avenue, for condominiums; Chiang ; Kuang-Jen Chiang, developer, 526 South Coral Ridge Place, City of Industry. On motion by. Council Member Humphrey, seconded by MOTION Council Member Erickson, and carried 5-0, the map was approved; Map Approved Council did accept on behalf of the public, a five-foot easement on Orange Avenue for street and highway purposes; did also accept on behalf of the City, the ingress/egress easement over Lot "A" for emergency and security vehicle purposes as shown on the map; did also approve said map pursuant to the provisions of Section 66436(a)(e)(A) of the Subdivision Map Act; and the City Clerk was authorized to sign the map on behalf of the City. Final Map for Vesting i The Final Map was presented for Vesting Tract No. 14546, one lot, Tract No. 14546 1.12 acres, located at 2221 and 2223 Pacific Avenue, for Neke Homes condominiums; Neke Homes, Incorporated, developer, 2821 Tucker Lane, Los Alamitos. On motion by Council Member Humphrey, seconded- by Council Member Erickson, and carried 5-0, the map was approved; Council did accept on behalf of the City, the dedica- tion for the ingress/egress easement for emergency and security vehicle purposes; approved said map pursuant to the provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; and the City Clerk was authorized to sign the map on behalf of the City. Reduction of Reten- The Public Services Director recommended approval of a request tion Funds for Sully- from Sully -Miller Contracting Company, 6145 Santiago Canyon Miller/Victoria Road, Orange, to reduce the amount of the retention funds from 10 Street Widening to 5 percent pursuant to Section 9-3.2 of the Standard Specifications for Public Works Construction (Green Book) in conjunction with the MOTION Victoria Street Widening, Project No. 91-07. On motion by Council Reduction Authorized Member Humphrey; seconded by Council Member Erickson, and carried 5-0, authorization was given to reduce the retention amount to 5 percent. Notice of Completion Installation of Golf Course Cart Paths (Los Lagos), Project No. 92 - Los Angeles 05, was completed on July 21, 1992, to the satisfaction of the Public Engineering Services Director by Los Angeles Engineering, Incorporated, Post Office Box 1606, Baldwin Park. On motion by Council Member Golf Course Cart Humphrey, seconded by Council Member Erickson, the work was Paths/Project 92-05 accepted; the City' Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered MOTION exonerated 7 months thereafter; and the Performance Bond was Work Accepted ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: Hombuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Notice of Completion Asbestos Removal and Demolition at 651 Victoria Street, Project Environmental No. V-92-01,'was completed on August 10, 1992, to the satisfaction Control Systems of the Public was Director by Environmental Control Systems, Incorporated, 29160 Goetz Road, Quail Valley. On motion by Asbestos Removal and Council Member Humphrey, seconded by Council Member Demolition at 651 Erickson, the work was accepted; the City Clerk was authorized to Victoria Street/ file a Notice of Completion; authorization was given to release Project V-92-01 retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated7months thereafter; and the Performance Bond MOTION was ordered exonerated 12 months thereafter. The motion carried Work Accepted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Transfer of Property The Public Services Director recommended approval of a property at the Mendoza Drive transfer from the Costa Mesa Sanitary District to the City of Costa Pumping Station Mesa, located at the Mendoza Drive Pumping Station, behind Mendoza Drive adjacent to the Orange County Flood Control District. The Sanitary District Board conceptually approved the MOTION transfer at its meeting of July 9, 1992. On motion by Council Transfer Approved Member Humphrey, seconded by Council Member Erickson, and carried 5-0, the transfer was approved, and the Mayor and Clerk were authorized to execute the necessary documents. County -City On motion by Council Member Erickson, seconded by Council Hazardous Material Member Humphrey, and carried 5-0, the Fire Chief was appointed Authority representative, and the Fire Marshal was appointed as an alternate, to serve on the Board of Directors of the Orange County -City MOTION/Appoint- Hazardous Material Emergency Response Authority for fiscal year ments Approved 1992-93. WARRANTS Item 5 on the Consent Calendar was presented: Warrant Resolution 1527, including Payroll 9217. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that since this item had to do with money, the public should know more about it. Mayor Hornbuckle responded that the MOTION document lists the warrants (checks) issued by the City for budgeted Warrant 1527 items. On motion by Council Member Erickson, seconded by Vice Approved Mayor Genis, Warrant Resolution 1527, including Payroll 9217, was approved by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Signal Modification Item 6 on the Consent Calendar was presented: Contract award for at Newport -18th/ Traffic Signal Modification - Newport Boulevard at 18th Rochester Street/Rochester Street, Project No. 92-08. Bids are on file in the Project 92-08 City Clerk's office. Sid Soffer, 900 Arbor Street, Costa Mesa, thought that the State had control of signals on Newport Boulevard; asked why the signal was being changed from six to eight phases, and how this change would increase the intersection capacity. The -4422 Public Services Director replied that recent traffic warrants indicate a demand for eastbound and westbound left -turn arrows at this inter- section. He reported that the State will be paying 90 percent of the total cost; therefore; the City's portion of the cost is approximately $3,000.00. In addition, the Director advised that the State does MOTION control the intersection and has already approved the project. On Awarded to Superior motion by Council: Member Erickson, seconded by Vice Mayor Signal Service Genis, the contract was awarded to Superior Signal Service Corporation, 7224 Scout Avenue, Bell Gardens, for $29,292.00. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Notice of Completion Item 11 on the Consent Calendar was presented: Notice of Rick Hamm Construc- Completion for Replacement of Reinforced Concrete Slab at the Golf tion Course Clubhouse, Project No. 92-03, which was completed on June Stater Bros. and 30, 1992, to the satisfaction of the Public Services Director by Rick Reinforced Concrete Hamm Construction, Incorporated, 2314 North Pacific Street, Slab at Golf Course Orange. Council Member Humphrey announced that he removed Clubhouse, Project this item from the Consent Calendar to commend the contractor for No. 92-03 a job well done. On motion by Council Member Humphrey, Fairview/Baker seconded by Council Member Buffa, the work was accepted; the MOTION City Clerk was authorized to file a Notice of Completion; Work Accepted ! authorization was given to release retention funds 35 days thereafter; a the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 MOTION months thereafter. The motion carried by the following roll call Agreements and vote: Deeds Approved AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Agreements with Item 15 on the Consent Calendar was presented: Agreements with Stater Bros. and Stater Bros. Markets, 21700 Barton Road, Colton, for $7,775.00; Segerstrom for Right- and C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, of -Way Acquisition; for $6,390.00; and related easement deeds, for right-of-way and Easement Deeds j acquisitions at Fairview Road and Baker Street for intersection improvements. Sid Soffer, 900 Arbor Street, Costa Mesa, Fairview/Baker commented that he was surprised that the City was really purchasing Intersection I property instead of requiring dedication. Mayor Hornbuckle Improvements reported that Arnel Development Company is actually paying for the a acquisitions since the intersection improvements were required in conjunction with approval of the Metro Pointe development. A MOTION motion was made by Council Member Erickson, seconded by Agreements and Council Member Humphrey, to approve the agreements and Deeds Approved authorize the Mayor and City Clerk to sign; and to approve the easement deeds. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None 1992-93ISTEA Item 17 on the Consent Calendar was presented: 1992-93 Program; Budget Intermodal Surface Transportation Efficiency Act (ISTEA) Capital Adjustments Improvement Program: (a) Budget Adjustment No. 93-05, to 93-05 and 93-06 reprogram 1991-92, Measure "C" and 1991-92 Measure "M" turnback funding in the amounts of $678,0.00.00 and $451,000.00, respectively; (b) Budget Adjustment No. 93-06, to provide $9,343,707.00 in ISTEA revenue and appropriations for fiscal year 1992-93;, (c) Authorization for the City Manager to approve any additional 1992-93 ISTEA : budget adjustments among the seven established ISTEA projects limited to the total 1992-93 appropriation for the ISTEA Capital Improvement Project of $11,021,807.00; and (d) Authorization for a maximum expenditure of $9,343,707.00 of ISTEA and.AHFP project costs in advance of reimbursement from the State of California, Department of Transportation. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that an item involving this much money should not be on the Consent Calendar because the public should have an explanation of the expenditure. The City Manager responded that the City is using Measure "M" and Measure "C" funds for street improvements to obtain approximately $9 million of Federal funds, and all funds will be used to improve ,a,.variety of major streets in the City, the largest project being. a `complete resurfacing and upgrading of Newport Boulevard from 19th Street to Bristol Street. Phil Morello, 1715 Samar Drive, Costa Mesa; asked if the Measure "C" money is still being used to repair sidewalks, and if so, what percentage has been completed. The Public Services Director replied that approximately 75 to 80 percent of the sidewalks targeted for Measure ,"C" funds have been completed; however, many other areas which require sidewalk improvements were not designated for Measure "C" money. Mr. Morello asked if there were a list of streets for which sidewalks were to be repaired or constructed with Measure "C" funds. Mayor Hornbuckle suggested that Mr. Morello contact the Public Services Director on Thursday, September 10, to obtain this information. The City Manager mentioned that $200,000.00 of Measure "C" money has been set aside for East 19th Street sidewalk construction. MOTION/Approved On motion by Council Member Humphrey, seconded by Vice Mayor Budget Adjustments Genis, the four items listed under the 1992-93 ISTEA Program were Authorized Future approved by the following roll call vote: Budget Adjustments; AYES: Hornbuckle, Genis, Buffa, Authorized Expendi- , Humphrey, Erickson ture Limitation NOES: None ABSENT: None PUBLIC HEARING Mayor Hornbuckle announced that a request was received from the Appeal of ZA-92-03 appellant requesting a 60 -day continuance of the following public Smart SMR of hearing: Continued from the meeting of August 3, 1992, appeal of California/Sparks the Planning Commission's denial of Zoning Action ZA-92-03 from Eric M. Meurs, Smart SMR of California, Incorporated, 1010 Kraemer Place, Anaheim, authorized agent for Gerald E. Sparks, Post Office Box 1477, Huntington Beach, for a Conditional Use Permit to install an 80 -foot high antenna, cabling, and electrical equipment at 1548 Adams Avenue in a Cl zone. Environmental Determination: Exempt. Sid Soffer, 900 Arbor Street, Costa Mesa, was of the opinion that visual impact was not sufficient grounds to deny this application, and asked about the aerial's use, including the possibility of using it in case of an emergency. Mr. Soffer also asked if an 80 -foot aerial would be more efficient than one of less height. Mayor Hornbuckle requested that the Deputy City Manager/Development Services make note of Mr. Soffer's questions and respond to them when this item comes back to Council. Phil Morello, 1715 Samar Drive, Costa Mesa, asked for the approximate location of .1548 Adams Avenue. Mayor Hornbuckle responded that it was behind the theater at Adams Avenue and Harbor Boulevard; Vice Mayor Genis added that it is, next to the dry cleaner. Mayor Hornbuckle mentioned that the applicant is looking for another location. Franklin Cole, 2482 Fairview Way, Costa Mesa, answered Mr. Soffer's question by stating that the proposed aerial will have nothing to do with emergency communications, explaining that this system is not governed by the Public Utilities Commission of the State of California, and as such, is not required to abide by their laws or directives. - Mr. Cole disagreed with the exemption from environmental evaluation, suggesting that the application at best should require a Negative Declaration, probably with mitigation measures. He suggested that the City investigate the possibility of collecting franchise ,fees for these types of applications. MOTION On motion by Council Member Buffa, seconded by Council Member Continued to Humphrey, and carried 5-0, the public hearing was continued to the November 2, 1992 meeting of November 2, 1992. OLD BUSINESS On motion by Council Member Humphrey, seconded by Council PA -92-45 Member Buffa, and carried 5-0, the following item was continued Combs/Lucas to the meeting of October 5, 1992: MOTION Planning Action'PA-92-45, Craig Combs Associates, 1535 Monrovia Continued to Avenue, Newport Beach, authorized agent for Lucas Development October 5, 1992 Company, 1451 Quail Street, Suite 200, Newport Beach, for a Conditional Use Permit to amend a Planned Development to cover existing open spaces, with a variance from perimeter setback requirements (25 feet required; 5 feet existing; 4 inches proposed), for the structures to. encroach into the existing setback area at 550 Paularino Avenue. 'Environmental Determination: Exempt. OLD BUSINESS Agreement with Michael Rehtorik for Tennis Concession at TeWinkle Park The City Clerk presented from the meeting of August 17, 1992, an agreement with Michael Rehtorik for the tennis concession at TeWinkle Park; and City Attorney Report No. 92-52. The City Attorney stated that his report contains a copy of the agreement with Mr. Rehtorik, and noted a minor change on Page 4, Section 3.01, delete Paragraph E,, and change Paragraph F to Paragraph E. He reported that Mr. Rehtorik concurs with the provisions of the agree- ment and has already signed it. In addition, the City Attorney mentioned that the 'minimum monthly rent has been increased to $1,000.00; the minimum monthly gross revenue is 9 percent; Mr. Rehtorik has agreed to the capital improvement program to resurface all 12 courts, and has agreed to all the City's deposit and bonding requirements; and the City is providing a minimum of 48 parking spaces. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about the same issue he brought up at the last Council meeting, that is, a proposal made by Thomas Birch (1986) concerning uses at TeWinkle Park, and contended that Mr. Birch's suggestions were ignored by Council. MOTION On motion by Council Member Humphrey, seconded by Council Agreement Approved Member Erickson, the agreement with Mr. Rehtorik was approved as amended by the City Attorney, and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: 1 AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: . None OLD BUSINESS On motion by Council Member Buffa, seconded by Vice Mayor CFD No. 92-1/Metro Genis, and carried 5-0, the following item was withdrawn: Pointe Continued from the meeting of August 3, 1992, resolutions of MOTION intention to establish and incur indebtedness for City of Costa Mesa Withdrawn Community Facilities District (CFD) No. 92-1, Metro Pointe. NEW BUSINESS The City Clerk presented an amendment to the City of Costa Mesa Parking Design Parking Design Standards to increase the ratio of accessible Standards (handicap) parking spaces to conform with requirements of the Uniform Federal Accessibility Standards (UFAS). Environmental Determination: Exempt. The Deputy City Manager/Development Services reviewed 'the Agenda Report dated August 27, 1992, and reported that the New Ratio Chart increases the number of accessible parking spaces in the City as required by law. MOTION On motion by Council Member Humphrey, seconded by Vice Mayor Resolution 92-81 Genis, Resolution 92-81, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE CITY'S PARKING DESIGN STANDARDS FOR THE REQUIRED RATIO OF ' ACCESSIBLE (HANDICAP) PARKING SPACES, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented a request to appoint five members to the Building, Housing, Building, Housing,. and Fire Codes Board of Appeals. On motion and Fire Codes by' Council Member Humphrey, seconded by Vice Mayor Genis, and Board of Appeals carried 5-0, the following people were appointed members of the Board: Ms. A. C. Atherton, Paul D. Beauchamp, James V. Wilkey, MOTION Miriam Barton, and Edward T. Reid; and David L. Walden and Members Appointed Richard C. Snyder were appointed as alternate members. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the City has an appeals board functioning in accordance with the law. Mayor Hornbuckle replied that the City has a board; however, it is not functioning at this time. The City Attorney advised that if there were no board, Council. would become the board of appeal. NEW BUSINESS The City Clerk presented a request for reaffirmation of the informal Use of City Facili- policy to allow fees to be waived for use of City facilities for ties for Candidate candidate forums. Assistant to the City Manager Rick Pickering Forums summarized the Agenda Report dated August 31, 1992, noting that in the past, use of City facilities ,at no charge has been permitted for candidate forums provided that the forum is open to the general public, and all candidates are given an equal opportunity to participate in the forum. MOTION On motion by Council Member Buffa, seconded by Council Member Reaffirmed Existing Humphrey, and carried 5-0, Council reaffirmed the informal policy Policy regarding candidate forums. i NEW BUSINESS The City Clerk presented a request from United Way of Orange United Way Request County to install special event street banners. Mayor Hornbuckle to Install Banners announced that she would abstain from voting on this item because she is a member of the Board of Directors for an organization which is a recipient of United Way funds. Assistant to the City Manager Rick Pickering reviewed the Agenda Report dated August 31, 1992, stating that in accordance with Council Policy 500'-6, United Way has requested permission to install 10 street banners in the vicinity of the South Coast Metro area. He reported that the applicant has met the requirements of Policy 500-6; however, United Way has requested that the display period be extended from 30 days to 60 days. MOTION I A motion was made by Council Member Buffa, seconded by Council Request Approved Member Humphrey, and carried 4-0, Mayor Hornbuckle abstaining, to approve the request. NEW BUSINESS i The City Clerk presented an amendment to the contract with the Amendment to PERS Public Employees' Retirement System (PERS); an ordinance Contract j approving the amendment to the contract with the Board of Administration of PERS; and a resolution approving the amendment to the contract. The City Manager reported that the ordinance and resolution will implement a provision in the contract betwden the City and PERS which will provide the City with the flexibility to offer an additional option to those employees who have been affected by the City's contracting out of the Costa Mesa Golf and Country Club. Personnel Director Steve Hayman explained that a second hearing is required within 20 days of this meeting, which necessitates a special meeting because the time frame does not coincide with Council's regularly scheduled meetings. He reported that the next hearing must be held on either September 29 or 30, 1992, since this procedure must be completed by December 31, 1992. After brief deliberation, Council agreed to hold a special meeting on Wednesday, September 30, 1992. MOTION On motion by Council Member Buffa, seconded by Council Member Contract Amendment Humphrey, the following action was taken: the amendment to the Approved; Ordinance contract with PERS ,was approved, and the Mayor and City Clerk 92-15 Given First were authorized to execute the documents on behalf of the City; Reading; Resolution Ordinance 92-15, AN ORDINANCE OF THE CITY COUNCIL 92-82 Adopted; j OF THE CITY OF COSTA MESA, CALIFORNIA, TO. APPROVE Hearing Set for AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY September 30, 1992 i OF COSTA MESA AND THE BOARD OF ADMINISTRATION I OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, was given first reading and passed to second reading; Resolution 92-82, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 'COSTA MESA, CALIFORNIA, APPROVING AN AMENDMENT TO A CONTRACT BETWEEN THE CITY OF COSTA MESA AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, was adopted; and a special meeting was scheduled for Wednesday, September 30, 1992, at 5:00 p.m., in the! fifth floor Conference Room of City Hall, to complete the necessary steps to amend the contract. The motion carried by the following roll- call vote: 1 1 -a, AYES: Hornbuckle, Genis, Buffa, . -Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented a 'resolution approving execution and Local Medical Facili- delivery by Local Medical Facilities Financing Authority IV of ties Financing Installment Sale Agreements with Olive Crest Treatment Centers, Authority IV Incorporated, and Southeast Council on Alcoholism and Drug Problems, Incorporated (Heritage House). Assistant to the City Manager Rick Pickering referred to the Agenda Report dated August 31, 1992, which details the procedures under State -law for the Financing Authority to issue bonds on behalf of local nonprofit medical service providers, and noted that the resolution grants permission to the Joint Powers Authority for these specific facilities only;; He reported that staff has some concerns with certain technicalities involving Heritage House and recommended that this facility be excluded from the resolution. MOTION A motion was made• by Council Member Erickson, seconded by Resolution 92-83 Council Member Buffa, to adopt Resolution 92-83, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING EXECUTION AND DELIVERY BY THE LOCAL MEDICAL FACILITIES FINANCING AUTHORITY IV OF AN INSTALLMENT SALE AGREEMENT WITH 'OLIVE CREST TREATMENT CENTERS, INC., excluding Southeast Council. - on Alcoholism and Drug Problems, Incorporated (Heritage House). The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None. ABSENT: None Vice Mayor Genis spoke about the outstanding work being done by the Olive Crest organization. Mayor Hornbuckle commented that Heritage House is also a very good organization but there are some technical concerns that must be resolved. CITY ATTORNEY The City Attorney requested a closed session pursuant to Govern - REPORTS ment Code Sections 54956.9(a), 54956.9(b)(1), 54956.9(b)(2), and Van Ausdeln Late 54957.6.to discuss the following items: Application for Leave to Claim; Montrose Present a. Late Claim from H. C. Van Ausdeln and Ann Van Chemical Lawsuit; Ausdeln (alleging that tree roots damaged the sewer lateral at 3057 Harry S. Green Claim Java Road); proposed settlement regarding United States, et al. v. and City v. Harry S. Montrose Chemical Corporation of California, et al., U.S.D.C., Green; and Nego- C.D. Cal. No. CV 90-3122-AAH; Claim from Harry S. Green, iations with Police Incorporated and Costa Mesa Golf and Country Club, and City of Association Referred Costa Mesa v. Harry S. Green, et;al.; and negotiations with the to Closed Session Costa•Mesa Police Association.. Mayor Hornbuckle announced that closed session would be held after completion of regular business. CITY ATTORNEY The City Attorney summarized his Report No. 92-55 concerning the REPORT purchase of Costa Mesa golf course maintenance equipment and Purchase of Golf irrigation parts by Mesa Verde Partners, 405 South Santa Anita Course Equipment by Avenue, Arcadia. He reported that Mesa Verde Partners has agreed Mesa Verde Partners to the terms of sale: Mesa Verde Partners shall accept the equipment and parts in "as is" condition and pay a total sum of $169,574.50, with 10 percent down ($16,957.45) and 12 monthly payments of $12,718.08 each. MOTION ! On motion by Council Member Buffa, seconded by Council Member Sale Approved Humphrey, the sale was approved by the following roll can vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None CITY MANAGER The City Manager reported that the State of California finally REPORT enacted a budget; and his initial calculation, based on the State Budget information available at the present time, indicates that the City will lose approximately'. $1.7 million in revenue, including losses to the j Redevelopment Agency. He cautioned Council that the exact amount of lossed revenue cannot be determined until all documents have been reviewed. COUNCIL Council Member Erickson announced upcoming meetings and COMMENTS events. (1) Public hearing by the County of Orange on Wednesday, j September 30, 1992, at 7:00 p.m., at the library located at 1855 Meetings and Events Park Avenue, to discuss the Cooperative Study relating to the downgrading of the; Master Plan of Arterial Highways. He felt that a larger facility may be needed. (2) Party on September 27, 1992, from 1:00 to 6:00 p.m., at Lions Park, with music, dancing, and a volley ball game. (3) Neighborhood Watch meeting for Spanish speaking people on' Wednesday, September 9, 1992, at 7:00 p.m., at the Rea Community Center trailer. (4) Meeting on Thursday, September 17, 1992, at 7:00 p.m., at the West Side Police Substation, to discuss the East 19th Street sidewalks, and to review traffic counts on East 19th Street since the freeway has gone through. Candidate Forums i Council Member Humphrey mentioned that there will be several Candidate Forums for those people running for City Council, and he urged all citizens to attend the forums and ask questions of the candidates. Los Angeles Charter Council Member Buffa requested the City Attorney to attempt to Amendment "G" i obtain a copy of Los Angeles Charter Amendment "G" regarding "buy locally" provisions. SCAG Meeting j Vice Mayor Genis reminded Council of the memo she directed to each of them requesting input to be submitted to SCAG (Southern California Association of Governments). Town Hall Forum Mayor Hornbuckle announced that she will be requesting Council to select a date to hold a town hall forum to discuss gangs in the City of Costa Mesa. She felt it would be a good opportunity to have this issue discussed by the Costa Mesa Police Department, the Orange County Sheriffs Department, and members of the community. Start of School Year ADJOURNMENT TO CLOSED SESSION MEETING RECONVENED Mayor Hornbuckle reminded everyone that school starts Thursday and urged motorists to be cautious when driving near schools. At 8:15 p.m., the Mayor adjourned the meeting to a closed session in the fifth floor Conference Room to discuss those issues announced by the City Attorney. The Mayor reconvened the meeting at 9:30 p.m., and the action taken in closed session was announced. f] iL MOTION/Denied an By a vote of 5-0, Council denied an Application for Leave to Application to File Present a Late Claim from H. C. Van Ausdeln and Ann Van a Late Claim from Ausdeln (alleging .that tree roots damaged the sewer lateral at 3057 Van Ausdeln Java Road). Montrose Chemical By a vote of 5-0, Council authorized settlement of United States, et Lawsuit al. v. Montrose Chemical Corporation of California, et al., U.S.D.C., C.D. Cal. No. CV 90=3122-AAH, as detailed in the City MOTION/Settle- Attorney's confidential memorandum dated August 25, 1992, and ment Authorized authorized the Mayor to sign the Consent Decree. Harry S. Green/Golf In regard to the claim from Harry $. Green, Incorporated, and Costa and Country Club Mesa Golf and Country Club; and City. of Costa Mesa v. Harry S. Green, et al., the City Attorney gave a status report on litigation, MOTION and received direction from Council. The City Manager gave a Settlement status report on settlement negotiations, and by a vote of 5-0, Authorized Council authorized,, .the City Manager to settle all claims in the amount specified to him. Negotiations with Council gave directions to the City's negotiator, Personnel Director Police Association Steve Hayman, for further negotiations with the Costa Mesa Police Association. ADJOURNMENT The Mayor declared the meeting adjourned at 9:35 p.m. -�� c�o 4"j -LC& Mayo of the City of Costa Mesa ATTEST: City Clerk of the City of Costa If 4�