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HomeMy WebLinkAbout10/19/1992 - City Council'REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 19, 1992 The City Council of the City of Costa Mesa, California, met in regular session October 19, 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 Ms. Margaret Johnson, First Church of Christ Scientist. 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 Redevelopment Project Manager Muriel Berman City Clerk Eileen Phinney MINUTES On motion by Council Member Buffa, seconded by Council Member September 30 and Erickson, and carried 5-0, the minutes of the special meeting of October 5, 1992 September 30, 1992, and the regular meeting of October 5, 1992, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, to read all ordinances by title only. PROCLAMATION The Mayor read a proclamation declaring the week of October 24 "Red Ribbon Week" through November 1, 1992, as "Red Ribbon Week". The document was presented to Ron Schoenmehl, Chairman of the Substance Abuse Committee, and he introduced Karen Ursini and Leslie Dixon who spoke on the planned events. Mr. Schoenmehl presented a 50 - foot long red ribbon for signing by Council members and the public; and Council Member Humphrey introduced Substance Abuse Committee members, D.A.R.E. Police Officers, and other individuals involved in this program who were in attendance. ANNOUNCEMENT Mayor Hornbuckle clarified that Consent Calendar Items 5 and 10 Continued Items involve use of Rea Community Center, not the Downtown Community Center nor the Neighborhood Community Center. The Mayor announced .requests had been received to continue two Agenda items, and action was taken as follows: PUBLIC HEARING On motion by Council Member Humphrey, seconded by Council Butler-O'Bryon SRO Member Erickson, and carried 4-0, Council Member Buffa abstaining, Public Hearing No. 1 was continued to November 2, MOTION 1992, at 6:30 p.m.: Joint Public Hearing with the Costa Mesa Continued to Redevelopment Agency to consider the Butler-O'Bryon Single -Room November 2, 1992 Occupancy (SRO) Hotel at 2450 Newport Boulevard. 464 .a, OLD BUSINESS On motion by Council Member Humphrey, seconded by Council Tow Service and ';Member Buffa, and carried 5-0, Old Business No. 3, not including Charge Ordinance .Old Business No. 3(a) which will be heard as scheduled, was ;continued to November 2, 1992, at 6:30 p.m.: City Attorney's MOTION ;Report No. 92-65; and a proposed ordinance amending Sections 9 - Continued to 271, 9-279,- 9-282, 9-283, and 9-284 of the Costa Mesa Municipal November 2; 1992 !Code relating to tow services and charges. ORAL COMMUNI- Michael Szkaradek, 1555 Mesa Verde Drive East, Costa Mesa, CATIONS 'referred- to the City Attorney's Report 1(c) on the agenda, stating a ;citizen had made a Public Records Act request for information Green v. Amburgey !relating to differences between gross versus net billings of an ;attorney to the City, and the information was not fully released. The City Attorney explained the City's position which is attorney billings to the City, to the extent they do not contain attorney/client iprivileged communications, are subject to disclosure to the public; !however, after review, the court ruled that the billings did contain ;privileged communications, and the only information allowed to be released by the City would be the amount the City paid, not the amount billed. Candidates Forum ;Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, announced that there would be a City Council Candidates Forum on Tuesday, !October 27, 1992, 7:00 p.m., at the Neighborhood Community .Center, 1845 Park Street, sponsored by the United Homeowners ;Association of Costa Mesa. Resident of the !Nancy Palme, 1997 Kornat Drive, Costa Mesa, representing Mesa Year Award ::Verde Homeowners Association, stated that the Association Board of Directors has initiated a "Mesa Verde Resident of the Year" !Award, and the first award has been presented to Lenora Sears, a former teacher with the Newport -Mesa School District, for her work to assist young people in the fight against drug abuse. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, spoke regarding the City Attorney's memorandum which addressed the differences between the City -owned Police Substation on West 18th Street and Mr. Soffer's property at 540 Bernard Street, and stated that there is no evidence that the original construction on his property was done without a building permit, only that there currently is no permit in the file. He reviewed the history of the complaints regarding his property. Mayor Hornbuckle stated that a walk-through of the '[Bernard Street property had been scheduled for Monday, October 26, 1992; however, Mr. Soffer did not believe that this action would resolve the issue of who on the City staff had originally accused him of doing construction without a building permit. The Mayor stated a copy of the memorandum prepared by the Deputy City Manager/Development Services, regarding the 106 complaints filed by Mr. Soffer would be provided to him. The City Attorney explained the charge of "construct" as used in the subject complaint. CONSENT The following items ; were removed from the Consent Calendar: CALENDAR Item ,5, Lease Agreement with the Newport -Mesa Unified School District; Item 7, Request for Proposal for acquisition and rehabilitation of rental property; Item 10, Request from Parents Who Care to use Rea Community Center; and Item 12, Request for j expansion of downtown pool schedule. On motion by Council Member Buffa, seconded by Council Member Humphrey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: i 1 1 AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT:, None READING FOLDER On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 570, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Brenda and Jerry Arnett; June McCartin, Frank W. and Dorothy D. McKee; Melody Nave; S. J. Park; and Frank and Connie Renn. Alcoholic Alcoholic Beverage Licenses for which parking has been approved Beverage by the Planning staff: Bwana's Restaurant, Incorporated, doing Licenses business as Bwana's, 2340 Harbor Boulevard; Donovan Golf Courses Management, Incorporated, doing business as Costa Mesa Golf Course, 1701 Golf Course Drive; Jonan U. S. Corporation, doing business as Delaney's, 2915 Red Hill Avenue; and Taco Mesa, doing business at 647 West.19th Street. WARRANTS On motion by Council Member Buffa, seconded by Council Member Humphrey, Warrant Resolution 1530, in the amount of MOTION $1,405,554.91, and Payroll 9220, in -the amount of $1,238,060.07, Warrant 1530 were approved by the following roll call vote: Payroll 9220 AYES: Hornbuckle, Genis, Buffa, Approved Humphrey, Erickson NOES: None ABSENT: None ADMINISTRATIVE ACTIONS San Joaquin Reser- voir Water Quality Improvement Project MOTION Resolution 92-86 Adopted Agreement with Bayshore Animal Hospital Jeffrey Palmer: Animal Shelter Services MOTION Agreement Approved On motion by Council Member Buffa, seconded by Council Member Humphrey, Resolution 92-86, A RESOLUTION OF THE CITY COUNCIL OF THE . CITY OF COSTA MESA, CALIFORNIA, URGING THE METROPOLITAN WATER DISTRICT OF SOUTHERN. CALIFORNIA TO EXPEDITE COMPLETION OF THE SAN JOAQUIN RESERVOIR WATER QUALITY IMPROVEMENT PROJECT, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None The Chief of Police recommended approval of an agreement with Jeffrey Palmer, D.V.M., Bayshore Animal Hospital, 2077 Harbor Boulevard, Costa Mesa, required because of a transfer of ownership, in an amount not to exceed $44,400.00, to provide animal shelter services. On motion by Council Member Buffa, seconded by Council Member Humphrey, the agreement was approved, and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Budget Adjustment On motion by Council Member Buffa, seconded by Council Member No. 93-08/Golf Humphrey, Budget Adjustment No. 93-08, for $25,000.00, to Course Parking increase appropriation for the Golf Course Parking Lot Slurry Seal Lot Slurry Seal Coat Project, was approved by the following roll call vote: . 466 MOTION AYES: Hornbuckle, Genis, Buffa, Adjustment Approved Humphrey, Erickson NOES: None ABSENT: None Agreement with The Redevelopment Project Manager recommended approval of an Willdan Associates agreement with Willdan Associates, 12900 Crossroad Parkway South, Suite 200, City of Industry, in an amount not to exceed Housing Rehabili- $60,000.00, to serve as the Housing Rehabilitation Consultant. On tation Consultant motion by Council Member Buffa, seconded by Council Member Humphrey, the agreement was approved, and the City Manager was MOTION authorized to sign subject to final approval by the City Attorney's Agreement Approved Office. The motion carried by the following roll call vote: 'AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Agreement with The Director of Public Services recommended approval of an Karen and Joseph agreement with Karen S. C. and Joseph R. Milligan, 2062 Business Milligan Center Drive, Suite 260, Irvine, for $15,000.00, to purchase right- of-way easement at 2164 Canyon Drive. On motion by Council Right -of -Way Member Buffa, seconded by Council Member Humphrey, the Easement agreement was approved, and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the MOTION following roll call vote: Agreement Approved AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None PA -92-64, Tower On motion by Council Member Buffa, seconded by Council Member Records/Video Humphrey, Resolution 92-87, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION APPROVING PLANNING ACTION PA -92-64, Tower Resolution 92-87 Records/Video, for a sign variance to allow a change of copy on an Adopted existing nonconforming ground sign at 1726 Superior Avenue, Costa Mesa, in a C1 zone, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Lease Agreement with Item 5 on the Consent Calendar was presented: Lease Agreement Newport -Mesa with the Newport -Mesa Unified School District, Post Office Box Unified School 1368, Newport Beach, for use of the mobile office at Rea District Community Center for the Healthy Start Program. Vice Mayor Genis stated that this agreement, initiated by the School District, Healthy Start Program demonstrated how they and the City can act cooperatively, and encouraged the School District to also act in an expeditious manner MOTION to resolve the use of their fields for sports activities. On motion by Agreement Approved Council Member Buffa, seconded by Council Member Erickson, the agreement was approved, and the Mayor was authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None 1 '467 HOME Program Item 7 on the Consent Calendar was presented: Request authorization for the City Manager to send out a Request for RFP for Acquisition Proposal for acquisition and rehabilitation of rental property, as and Rehabilitation of authorized under the U. S. Department of Housing and Urban Rental Property Development HOME Program; and authorize the City Manager and/or his designee to execute all other documents as required by HUD. Sid Soffer, 900 Arbor Street, Costa Mesa, inquired if "acquisition" . meant that the City was going to buy property. The Redevelopment Project Manager explained the HOME Program, stating that the City would be receiving $750,0.00.00 in HOME funds, and a portion of that money would be loaned to a developer and/or nonprofit organization for the acquisition and rehabilitation of property. John Feeney, 1154 Dorset Lane, Costa Mesa, clarified MOTION his understanding of this item that money was being taken from the City Manager Given taxpayer to subsidize someone else's housing. On motion by Authorization to Council Member Humphrey, seconded by Council Member Proceed Erickson, and carried 5-0, the City Manager was authorized to proceed as requested. Request from Item 10 on the Consent Calendar was presented: Request from Parents Who Care Parents Who Care to use Rea Community Center Room Nos. 150, 160, 180, the east rest room adjacent to Room 150, and necessary Use of Rea staffing and utilities, to conduct tutoring, physical fitness, and social Community programs for teens.. Council Member Humphrey commended the Center parents who actively pursue correcting existing neighborhood problems, and Council Member Erickson who assisted with this endeavor. The following Costa Mesa residents spoke in support of, and expressed thanks for, the room usage at Rea Community Center: Nora Maher, 2709 Sandpiper Drive; Ed Fawcett, representing Costa Mesa Chamber of Commerce, 1835 Newport Boulevard; Sonny Sanchez, 800 West Wilson Street; Darrilyn Oliver, 3077 Yukon Avenue; Eva Marin, 2139 Republic Avenue; and Roy Alvarado, 2619 Santa Ana Avenue. Council Member Erickson praised the efforts of the parents and the young people who have worked on this project; however, he stated City personnel were required at Rea Community Center to open and close the facility at an approximate cost of $3,000.00 per year, and asked for contributions from the business community to assist with this MOTION expense. On motion by Council Member Erickson, seconded by Request Approved Council Member Humphrey, and carried 5-0, the request was approved. Request for Item 12 on the Consent Calendar was presented: Request from Expansion of Darnell Pfister, 1826 Placentia Avenue, No. D, Costa Mesa, for Downtown Commu- expansion of the Downtown Community Swimming Pool schedule. pity Swimming Ms. Pfister stated she represented a group of swimmers who Pool Schedule currently use the pool, and asked Council to add an hour and a half to the current three-hour evening schedule. She read her letter dated October 19, 1992, which outlined reasons for the request, and presented a copy to the City Clerk, along with a petition signed by MOTION 50 residents. On motion by Council Member Buffa, seconded by. Referred to Parks, Council Member Humphrey, and carried 5-0, this item was referred Recreation Facilities to the Parks, Recreation Facilities and Parkways Commission for and Parkways recommendation. Mayor Hornbuckle asked the City Manager to Commission notify Ms. Pfister when this item would be on the Commission agenda.- ANNOUNCEMENT genda: ANNOUNCEMENT Mayor Hornbuckle announced that following the next public hearing, New Business Item No. 4, Irvine Business Complex General Plan Amendment and Zone Change, would be considered. PUBLIC HEARING ',The City Clerk announced the public hearing, continued from the DR -92-18 'meeting of October 5; 1992, to consider an appeal of the Planning Schwarz Commission's denial of Development Review DR -92-18 from Robin Schwarz, 695 Center Street, Costa Mesa, to construct a garage with a basement and recreation room at the above address in an R2 zone. ;Environmental Determination: Exempt. The Deputy City ;Manager/Development Services summarized the Agenda Report ,dated October 12, 1992, and presented aerial photographs which showed the area of the proposed building addition. Robin Schwarz, the applicant, stated that the City staff assert that an accessory unit should ,be- "subordinate" to the main structure in size :but he does not believe that this is accurate. He explained that most homes in his area are zoned R3 and R4 and have multiple -capacity garages. Kristen Van Allen, 691 Center Street, Costa Mesa, owner of the �property next door to Mr. Schwarz, stated that she would be faced :with a 15 -foot unfinished brick wall adjoining her property, and was j definitely opposed to this construction. She enumerated her !objections: (1) The area is multi -family residential, and a storage facility for commercial vehicles is not listed as a permitted use; (2) Since the addition is not accessory, it should not be zero -lined; (3) 825 square feet of drainage will be added which will present a potential flooding problem; (4) There is no easement for the proposed garage door in the back, and there is not enough turn- around space; (5) Complete plans have not been submitted for the project; and (6) the, bare brick walls are not compatible nor harmonious with the neighborhood. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his opinion that the applicant was not at the Planning Commission meeting originally because he had not been properly notified. He commented that he did not agree with the accessory standard, especially since if the j existing structure was demolished, a 3,000 square foot home or a garage such as the one proposed could feasibly be constructed. There being no other speakers, the Mayor closed the public hearing. MOTION ! On motion by Vice Mayor Genis, seconded by Council Member Denial of DR -92-18 j Erickson, and carried 5-0, the Planning Commission's denial of Upheld j Development Review. DR -92-18, was upheld. NEW BUSINESS ! The City Clerk presented the Irvine Business Complex General Plan Irvine Business Amendment and Zone Change. The Public Services Director Complex GPA and reviewed the Agenda Report dated October 14, 1992, stating that the Zone Change major problem which exists involves the methodology that has been used for the Draft Program Environmental Impact Report (DPEIR) prepared by the City of Irvine, and ideally there would be an adjustment to bring it into conformance with the guidelines used for the Costa Mesa General Plan. He stated that staff had met this date with the City of Irvine to review the problem areas; however, nothing was resolved but another meeting is proposed for next week, and the Irvine City Council will conduct their final public hearing on this matter on Tuesday, October 27, 1992. The City Manager commented that both the cities of Santa Ana and Tustin have forwarded correspondence to Irvine reiterating the points raised by Costa Mesa regarding the DPEIR. [1 1 a P469 MOTION On: motion by Council Member Humphrey, seconded by Vice Mayor Letter Approved Genis, and carried 5-0, the Mayor was authorized to sign and the City Clerk to send the appropriate letter to the City of Irvine, i.e., Exhibit A to the. Agenda Report, along with the supporting documentation. Council Member Erickson, stated he had talked to the City Attorney regarding his business interests in the Irvine Business Complex but not in the city of Irvine, and was advised that it would be appropriate for him to vote on this issue. OLD BUSINESS The City Clerk presented Ordinance 92-19 for second reading and Encroachment adoption, regarding -encroachment permits. Sid Soffer, 900 Arbor Permits Street, Costa Mesa, asked the definition of "summary abatement" as used in the ordinance, Page 1, Section 3, Section 15-13, Item 1, line 4. The City Attorney responded it referred to the same procedure as used in the abatement of all public nuisances, stating there is an appeal provision as noted in Section 8. MOTION On motion by Council Member Erickson, seconded by Council Ordinance 92-19 Member Humphrey, Ordinance 92-19, AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLES 13 AND 15 OF THE COSTA MESA MUNICIPAL CODE REGARDING ENCROACHMENT PERMITS, was given second reading and adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented Ordinances 92-20 and 92-21 for second R-92-041 reading and adoption, relating to Rezone Petition R-92-04. Sid City of Costa Mesa Soffer, 900 Arbor Street, Costa Mesa, asked the zoning designation before the proposed change, and the Deputy City Manager/Develop- ment Services answered that the properties being rezoned to R3 had previously been zoned R4. MOTION On motion by Council Member Humphrey, seconded by Council Ordinance 92-20 Member Buffa, Ordinance 92-20, AN ORDINANCE OF THE Adopted CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF SITES B, C, D IN REZONE PETITION R-92- 04, LOCATED IN GENERAL PLAN PLANNING AREA NUMBER TWO, TO ZONING CONSISTENT WITH THE 1990 GENERAL PLAN, was given second reading and adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None .ABSENT: None MOTION On motion by Council Member Humphrey, seconded by Council Ordinance 92-21 Member Buffa, Ordinance 92-21, AN ORDINANCE OF THE Adopted CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF SITE A IN REZONE PETITION R-92-04, LOCATED IN GENERAL PLAN PLANNING AREA NUMBER TWO, TO ZONING CONSISTENT WITH THE 1990 GENERAL PLAN, was given second reading and adopted by the following roll call vote: RECESS OLD BUSINESS Police Towing Contracts MOTION Contracts Extended OLD BUSINESS PA -92-45 Combs/Lucas Devel- opment AYES: Hornbuckle, Buffa, Humphrey, Erickson NOES: None ABSENT: None ABSTAIN: Genis The Mayor declared a recess at 8:30 p.m., and the meeting reconvened at 8:45 p.m. The City Clerk presented the extension of Police towing contracts with G & W Towing, Incorporated, 955 West 18th Street, Costa Mesa, and Harbor Towing Company, 964 West 17th Street, Costa Mesa. The City Manager stated that it was requested the contracts be extended for a period of 60 days, not 45 as stated in the Agenda Report. On motion by Council Member Buffa, seconded by Council Member Erickson, the Police towing contracts were extended by a 60 -day period. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None The City Clerk presented from the meeting of October 5, 1992, Planning Action PA -92-45, Craig Combs Associates, 2535 Monrovia !Avenue, Newport Beach, authorized agent for Lucas Development 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. The Deputy City Manager briefly summarized the Agenda Report dated October 12, 1992, and used an overhead visual to illustrate the ;proposed project. Victor Mahony, Chief Financial Officer, Lucas Development, !presented a letter from D. J. Smith and Associates, consultants in government relations, relating to a follow-up with CalTrans ;regarding construction of a sound wall along the property's Bristol Street/Paularino Avenue off -ramp frontage, stating that pursuit of the wall was futile. He stated that construction of the garages was being pursued because of noise attenuation, and they would be set back to the property line with trellises used to mitigate the effect of the wall. 'Mr. Mahony addressed the maintenance of a trellis system, stating that drought -resistant plants would be utilized and a drip -line system used for watering. Sid Soffer, 900 Arbor Street, Costa Mesa, supported the concept of garages for these apartments; however, he questioned why the garages could not be used for storage instead of parking. MOTION On motion by Vice Mayor Genis, seconded by Council Member Conditional Use Erickson, the Conditional Use Permit was approved, and the Permit and ! variance was approved on the basis that it does not affect any Variance Approved; : residential properties;, it backs up to a freeway off -ramp; and the Resolution 92-88 additional wall would help provide a buffering function from Adopted freeway noise; with the condition that landscaping, which will be approved by the Planning staff, will be provided in an area between the property line and the garages, which will have a one -foot 1 ...'4w` 47.1 setback, approved by Planning staff to ensure the distance will provide adequate backup; and the landscaping and the wall are to be maintained; and Resolution 92-88, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND THE VARIANCE FOR PLANNING ACTION PA -92-45, was adopted. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented a proposed ordinance amending Title 5 of 1991 Uniform the Costa Mesa .Municipal Code by adopting the 1991 Uniform Building Codes and Building, Plumbing, Mechanical, Sign, Housing, Abatement, 1990 National Swimming Pool, Solar and Administrative Codes, and the 1990 Electrical Code National Electrical Codes. The Deputy City Manager/Development Services reviewed the Agenda Report dated September 23, 1992. He stated that first reading of the ordinance would be this evening, and the public hearing and second reading would take place at the November 16, 1992, Council meeting. Mayor Hornbuckle requested, in addition to the regular public hearing notices, that the building industry associations also be properly notified.. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the proposed ordinance, Page 4, Section 5-6, Item (b), regarding the mandatory misdemeanor violation, and the City Attorney responded that this provision already exists in the Municipal Code. Mr. Soffer reviewed the problem with his property at 540 Bernard Street. Tony C'De Baca, Assistant Development Services Director/Building Official, answered a question from the Vice Mayor regarding the abatement of dangerous buildings by stating that the abatement code has provisions to identify substandard buildings or structures or situations that are hazardous and provides notification, hearing and appeal processes. MOTION After discussion regarding violations and penalties, the City Attorney Ordinance 92-22 was instructed to duplicate and insert in the ordinance the notice of Given First violation and penalties language in the Uniform Building Code into Reading Section 5-1, and on motion by Council Member Buffa, seconded by Council Member Humphrey, Ordinance 92-22, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 5 OF THE COSTA MESA MUNICIPAL CODE BY ADOPTING THE 1991 UNIFORM BUILDING, PLUMBING, MECHANICAL, SIGN, HOUSING, ABATEMENT, SWIMMING POOL, SOLAR AND ADMINISTRATIVE CODES, AND THE 1990 NATIONAL ELECTRICAL CODES, was given first reading and passed to second reading by the following roll call vote: AYES: Hornbuckle, G.enis, Buffa, Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented the Golf Course Advisory Committee Golf Course Advisory Recommendations that: (a) All excess capital improvements funds Committee Recom- in the present 1992-93 Golf Course Enterprise Fund be retained in mendations the fund to be used for capital improvement projects on the Golf 472 ,Course only; and (b) Senior and Junior Monthly Golf Passes not be ;eliminated after 6 months and the fee for these passes be increased 'accordingly. The City Manager reviewed the first recommendation 'stating that the funds,'approximately $172,000.00 as of September 11, 1992, in the Capital; Improvement Fund be retained for future use at the Golf Course, such as improvements to the clubhouse, outside renovations, cart paths, driving range improvements, etc., and the !second item regarding Senior and Junior Monthly Golf Pass required clarification. Council Member Buffa requested as much comparative information with other municipal courses as possible regarding senior and junior play and including other categories of complementary play. Council :Member Erickson clarified that the monies in the Enterprise_ Fund ;are derived from the $2.00/round surcharge paid by the golfers. MOTION IOn motion by Council Member Buffa, seconded by Council Member Use of Funds .Erickson, and carried; 5-0, the use of monies in the 1992-93 Golf Approved; Passes !Course Enterprise Fund exclusively for capital improvement projects Left in Place ion the Golf Course was approved; and the Senior and Junior Pending Report ;Monthly Golf Passes will be left in place pending information from staff regarding the impact of continuing the passes, and other complementary categories, on pricing and rental, and a comparative !study with neighboring municipal courses. NEW BUSINESS The City Clerk presented the Americans With Disabilities Act Americans With (ADA) Task Force submittal of Costa Mesa's, "Americans With Disabilities Act Disabilities Act Transition and Self -Evaluation Report", and a !resolution accepting the report as prepared by the ADA Task Force. The Deputy City Manager/Development Services reviewed the Agenda Report dated October 13, 1992, and summarized the efforts !of the Task Force in researching this report. He addressed the State law requirements, stating that while the City Hall building might be 'exempt because of its, age and because it may not conform to Title 24 in all respects, it is the intent of the City Manager and the Task Force to recommend that when the building reconstructions or modifications are accomplished that they comply with all three laws that affect the City. Sid Soffer, 900 Arbor, -Street, Costa Mesa, asked if the City was ir. violation of a code in this matter, and the City Attorney responded - that has not been determined to date. Craig Cederberg, 947 West Bishop Street, Santa Ana, asked the estimated figure to comply city wide with the ADA requirements, and Mayor Hornbuckle responded that it was approximately 10.5 million dollars and that would include all the City buildings. Council Member Buffa pointed out that of that estimated figure, 9.5 i million dollars was allotted for curb cuts. Motion to Adopt A motion was made by Council Member Buffa, seconded by Council Resolution and ; Member Erickson, to adopt a resolution accepting the Americans Direct City Manager ; With Disabilities Act Title II Public Facilities "Transition and Self - to Commence Evaluation Report"; and to direct the City Manager to commence Died "Transition Plan 'Phase 1" improvements per Agenda recommendation Nos. 2 and 3. Vice Mayor Genis stated she felt the report could be refined; however, she did not -want action on this item to be delayed. The City Attorney suggested taking action this evening but bringing the first amended transition plan back to Council for review. 1 �I .g v. 473 Substitute A substitute motion was made by Council Member Humphrey to Motion Died for immediately commence retrofitting City Hall with key improvements Lack of a Second which may not require extensive architectural plans and engineering such as install wheelchair curb cuts; improve rest room access; relocate plumbing fixtures; install wheelchair ramps; change door hardware; and modify primary access doorway. The motion died for lack of a second. SUBSTITUTE A substitute motion was made by Vice Mayor Genis, seconded by MOTION Council Member Buffa, and carried 5-0, to provisionally accept the Report Provisionally report subject to further evaluation and investigation; direct the City Accepted; City Manager to immediately commence "Transition Plan Phase 1" Manager Directed to improvements to the City Hall Building and Civic Center Parking Commence With Lot by either City personnel or building contractors; direct the City Transition Plan Manager to contract for architectural services, financed by Community Development Block Grant funds, to prepare plans and specifications necessary for improvements at the Civic Center Complex; and be prepared to amend the transition plan subject to any changes that may be warranted as a result of the further evaluation and investigation. Council Member Humphrey reported on comments from Bil Garvin as follows: (1) immediate removal of the barrier which blocks pedestrians at Newport Boulevard and 19th Street; (2) that the City Manager provide a copy of a contract with the MacIntosh Center; and (3) regarding a letter from Rick Pickering, Assistant to the City Manager, that the City Hall building was found in compliance with " Federal standards in December, 1990, and that Mr. Garvin requests a letter indicating how that compliance was determined. The City Manager reported that there are copies of the study, follow-up reports and purchase requisitions, and they will be provided to Mr. Garvin. Mayor Hornbuckle pointed out that the resolution was not adopted, and the City Manager stated that there is no requirement under ADA that there be a formal adoption of this resolution. CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORTS Government Code Section 54956.9(a) to discuss the following items: Request for Closed Orville Amburgey v. City of Costa Mesa, et al., Orange County Session/Amburgey v. Superior Court Case No. 66-92-03; Acevez v. City of Costa Mesa, City; Acevez v. City; et al., Orange County Superior Court Case No. 66-37-52; City of City v. Green; Green Costa Mesa v. Harry S. Green, Incorporated, et al., Orange County v. Amburgey Superior Court Case Nos. 69-56-76 and 69-57-69; and Tim Green v. Orville Amburgey, et al., Orange County Superior Court Case No. 63-93-04. Mayor Hornbuckle announced that closed session would be held after completion of regular business. COUNCIL Council Member Erickson reported that he attended the Newport - COMMENTS Mesa School Board meeting on Tuesday, October 13, 1992, along Joint Use of. with the letter prepared by the City Manager regarding the joint use Athletic Facilities of athletic facilities and made a short presentation. The School Board President indicated that he felt the differences between the City and the School Board could be resolved-at=the staff level in 72 hours. The City Manager stated, he also felt -they were 90 percent if not closer to agreement on th- provisions. Crime Report Council Member Buffa stated that Council had received a memorandum from the City Manager's office which is very good news which indicates that total Part 1 crimes are down 12.4 percent; specifically, aggravated assault down 55.4 percent, auto theft down .; 474 19.3 percent, and thefts down 17.8 percent. The City Manager clarified that the report covered the first three-quarters of the calendar year, ending September 30, 1992. Orange County Vice Mayor Genis congratulated the Orange County Model Model Engineers ;Engineers for a job well done the past weekend at Fairview Park. Interfaith Prayer :Mayor Hornbuckle invited everyone in the community to join the Breakfast 'Mayors of Costa Mesa, Newport Beach, and Irvine on Wednesday, " October 21, 1992, at 7:30 a.m., at the Presbyterial Church of the 'Covenant for the annual Interfaith Prayer Breakfast, and the City Manager's office has more details. ADJOURNMENT TO At 10:20 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION ;in the first floor Conference Room to discuss the items announced , earlier by the City Attorney. MEETING Mayor Hornbuckle reconvened the meeting at 11:00 p.m., and the RECONVENED j action taken in closed session was announced. Amburgey v. City By a vote of 4-0, Mayor Hornbuckle abstaining, potential conflict of interest for single representation on appeal was waived regarding Orville Amburgey v. City of Costa Mesa, et al., Orange County Superior Court Case No. 66-92-03. Acevez v. City By a vote of 5-0, the settlement offer was rejected regarding Acevez v. City of Costa Mesa, et al, Orange County Superior Court Case No. 66-37-52. City v. Green; Regarding City of Costa Mesa v. Harry S. Green, Incorporated, et Green v. Amburgey al., Orange County Superior Court Case Nos. 69-56-76 and 69-57- 69; and Tim Green v. Orville Amburgey, et al., Orange County Superior Court Case No. 63-93-04, the City Manager was authorized to sign settlement agreements by a vote of 5-0; the City Manager was authorized to settle with Mesa Verde Partners for purchase of Green assets by a vote of 5-0; and the City Attorney was given direction on the public records request by a vote of 5-0. ADJOURNMENT The Mayor declared ,the meeting adjourned at 11:05 p.m. Mayor the City of Costa Mesa ATTEST: City Clerk of the City of Costa Mesa