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HomeMy WebLinkAbout11/16/1992 - City Councilt 42 ROLL CALL MINUTES November 2 and 9, 1992 ORDINANCES RECOGNITION Police DUI Team PUBLIC HEARING 1991 Uniform Building Codes and 1990 National Electrical Code MOTION Continued to December 21, 1992 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 16, 1992 The City Council of the City of Costa Mesa, California, met in regular session November 16, 1992, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and invocation by the Reverend Kenneth Krause, St. Joachim Catholic Church. Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council Member Joe Erickson Council Members Absent: Officials Present: Council Member Jay Humphrey 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 On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 4-0, Council Member Humphrey absent, the minutes of the regular meeting of November 2, 1992, and the special meeting of November 9, 1992, were approved as distributed. A motion was made by Council Member Buffa, seconded by Council Member Erickson, and carried 4-0, Council Member Humphrey absent, to read all ordinances by title only. The City Manager introduced Captain David Brooks and Sergeant David Walker, along with meribe;s of the Costa Mesa Police iDepartment Driving Under .the Influence (DUI) Team who were recently recognized by ,Mothers Againsf Drunk Driving (MADD) for their outstanding performanc' e. Senic�r Police Officers Michael Carver and Paul Ellis, and Officer Zachary Hoferitza, who were recipients of the MADD Century Club Award; and team members Senior Police Officer Martin Carve:; and Reserve Officers Barry Schleider and Robert Sweaza. Mayor Hornbuckle announced that a request had been received to continue Public Hearing No. 4. On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 4-0, Council Member Humphrey absent, the following public hearing was continued to the meeting of December 21, 1992: From the meeting of October 19, 1992, second reading and adoption of 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. LJ 1 C ORAL COMMUNI- Bil Garvin, 1092 San Pablo Circle, Costa Mesa, commented that CATIONS signs blocking the access ramp at the corner of 19th Street and Newport Boulevard have not been removed. The City Manager Handicap Access responded that the contractor has attempted to move the materials; however, there may be a conflict with worker safety requirements and suggested 'perhaps closing the crosswalk to alleviate this problem. Mr. Garvin inquired if the Americans With Disabilities Act Title II Public Facilities "Transition and Self -Evaluation Report" had been formally acceptedby Council, and was informed by the City Manager that it had not. He asked about a response to his letter of August 25, 1992, regarding a 1990 inspection of City Hall facilities, and the Deputy City Manager/Development Services stated that a reply was posted Friday, November 13, 1992. Mr. Garvin asserted that 17 wheelchair ramps constructed throughout the City were not in compliance with access regulations. Accolades for the The following Costa Mesa residents commented on the excellent City Manager and level of service provided by the City Manager and the City Attorney City Attorney in the performance of their jobs: Norman Snow, 2746 San Juan Lane, who read a letter from Roy Andreen, President, Mesa del Mar Homeowners Association; Roy Pizarek, 1923 Whittier Avenue, President, Mesa West Homeowners Association; Diann Osterlund, 329 East 19th Street, who presented the City Manager with a Certificate of Commendation; and Scott Williams, 3465 Santa Clara Circle. Attack During John Moorlach, 3169 Madeira Avenue, Costa Mesa, read a Bush/Quayle Rally resolution prepared by the Costa Mesa Republican Assembly regarding a 73 -year-old woman, Elizabeth Mimm, who was attacked during. the Bush/Quayle rally held on. October 22, 1992, in Costa Mesa, urging the Costa Mesa Police Department to "use all due diligence in and hold to the stance of the original charge of attempted murder, and perform the necessary investigation" regarding the suspect, David Mazer, who claimed he has AIDS. Mr. Moorlach submitted a copy of the resolution to the City Clerk. Eloise Ott, 3093 _Loren Lane, Costa Mesa, expressed her concern regarding the situation involving Elizabeth Mimm and reviewed a handout entitled HIV/AIDS prepared by the U.S. Department of Health and Human .Services. Neighborhood Noise Andrew - Whitney, 1189 Augusta Street, Costa Mesa, complained Pollution about noise problems caused by his next-door neighbor's children playing basketball and threats received from the neighbor when he complained. He asked that laws regarding noise pollution be strengthened, and the Mayor suggested that the City Manager contact Mr. Whitney regarding investigation of this problem. State Budget Kevin Austin, 854 West Wilson Street, Costa Mesa, encouraged Costa Mesa citizens and Council to contact the Governor's office regarding the proposed 1993-94 State budget in relation to the effect it will have on cities. He suggested that the City's budget be evaluated with a look towards making cuts now instead of waiting until next July. Mayor Hornbuckle responded that this plan has already been implemented. Code Deficiencies Sid Soffer, 900 Arbor Street, Costa Mesa, asked if there actually are Code violations on the part of the City regarding handicap access, and the City Attorney responded that yes, City Hall has handicap access code deficiencies and those will be corrected within 90 days. Humphrey Arrived ! Council Member Humphrey arrived at 7:00 p.m. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 4, Warrant Resolution 1532 and Payroll 9222; Item 5, Claim from Overhead Door Company; and Item 8, Agreement with Hunsaker and Associates to design roadway improvements. READING FOLDER Claims Alcoholic Beverage License On motion by Council Member Buffa, 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 On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, the following Reading Folder items were received and processed: Claims received by the Clerk: Jill Rosoff; and Robert L. Walker. Alcoholic Beverage License for which parking has been approved by the Planning Staff: Showbiz Pizza Time, Incorporated, doing business as Chuck E. Cheese's, 2300 Harbor Boulevard, Building No. 25. SET FOR PUBLIC ' On motion by Council Member Buffa, seconded by Council Member HEARING Erickson, and carried 5-0, the following items were set for public i hearing on December 7, 1992, at 6:30 p.m., in the Council Chambers of City Hall: Annual Review of Annual review of Development Agreement DA -88-02, John Biggs, DA -88-02, Arnel Arnel Development Company, 850 South Coast Drive, Suite 200, Development j Costa Mesa, authorized agent for R & A, Parcel 5, and A & R, Parcel 4, for Metro Pointe Phases 2 and 3, to allow the ultimate construction of 1,285,056 square feet of office development in the 1900 block (odd numbers) of South Coast Drive, in a PDC zone. Environmental Determination: Exempt. R-92-07, City of Costa Mesa MOTION/Hearings Set December 7, 1992 Rezone Petition R-92-07, City of Costa Mesa, to rezone certain parcels in Planning Area No. 1, to bring the zoning into conformance with the 1990 General Plan. Environmental Determination: Environmental Impact Report (EIR) No. 1044 adopted for the 1990 General Plan. REJECTED CLAIM ! On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, the claim from TFI Building, TFI Building Incorporated, doing business as Coast Electric (regarding alleged damages suffered by subcontractor on Metro Fire Station project due to nonpayment by general contractor), was rejected. ADMINISTRATIVE 11 Bids received for Bid Item No. 946, Janitorial Services, are on file ACTIONS ' in the City Clerk's office. On motion by Council Member Buffa, seconded by Council Member Erickson, the contract was awarded Bid Item 946 to Metro Building Maintenance Company, 3171 West Olympic Janitorial Services j Boulevard, Suite 553, Los Angeles, for an annual cost of j $86,308.20. The motion carried by the following roll call vote: MOTION AYES: Hornbuckle, Genis, Buffa, Awarded to Metro Humphrey, Erickson Building Maintenance NOES: None ABSENT: None 1 15 Final Map for Vesting The Final Map was presented for Vesting Tract No. 14374 located Tract No. 14374 at 2543-2557 Santa Ana Avenue, 21 lots, 1.369 acres, for Briggs condominium purposes; Briggs Development Company, developer, 13766 Alton Parkway, Suite 144, Irvine. A motion was made by MOTION Council Member Buffa, seconded by Council Member Erickson, and Map Approved carried 5-0, approving the map; accepting on behalf of the City the ingress/egress easement for emergency and security vehicle purposes over Lot "A" as shown on the map; approving the map pursuant to Section 66436(a)(3) of the Subdivision Map Act; and authorizing the City Clerk to sign said map on behalf of the City. Final Map for The Final Map was presented for Tract No. 14731 located at 377 Tract No: 14731 .Avocado Street, 1, lot, 0.442 -acre, for condominium purposes; Newport Pacific Newport Pacific Development Corporation, developer, 4400 MacArthur Boulevard, Suite 900, Newport Beach. A motion was MOTION made by Council Member Buffa, seconded by Council Member Map Approved Erickson, and carried, 5-0, approving the map, accepting on behalf of the City the ingress/egress easement for emergency and security vehicle purposes over Lot 1 as shown on the map; approving the map pursuant to Section 66436(a)(3)(A) of the Subdivision Map Act; and authorizing the City Clerk to sign said map on behalf of the City. Amendment No. 1 to The Public Services Director recommended approval of Amendment Agreement with No. 1 to the Agreement with the County of Orange for Stormwater County of Orange Permit Implementation. On motion by Council Member Buffa, seconded by Council Member Erickson, the amendment was Stormwater Permit approved, and the Mayor and City Clerk were authorized to sign on Implementation behalf of the City. The motion carried by the following roll call vote: MOTION AYES: Hornbuckle, Genis, Buffa, Amendment Approved Humphrey, Erickson NOES: None ABSENT: None Installation of On motion by Council Member Buffa, seconded by Council Member Parkway Trees on Erickson, Resolution 92-91, A RESOLUTION OF THE CITY Newport Boulevard COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR MOTION THE ENVIRONMENTAL ENHANCEMENT AND MITI - Resolution 92-91 GATION PROGRAM UNDER SECTION 164.56 OF THE Adopted STREET AND HIGHWAYS CODE FOR THE INSTALLATION OF PARKWAY TREES ON NEWPORT BOULEVARD, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Notice of Completion Modernization of Two Passenger Elevators at City Hall, Project No. Montgomery Elevator 91-10, was completed. to the satisfaction of the Public Services Director on October 12, 1992, by Montgomery Elevator Company, Modernization of 18001 Sky Park South, Suite E, Irvine. On motion by Council Passenger Elevators Member Buffa, seconded by Council Member Erickson, the work was accepted; the City Clerk was authorized to file a Notice of MOTION Completion; authorization was given to release retention funds 35 Work Accepted days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None WARRANTS Item 4 on the Consent Calendar was presented: Warrant Resolution 1532 for $1,279,899.11, and Payroll 9222 for $1,161,803.60. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested adding to the I agenda a short description of the destination of the Warrant j Resolution funds, and the City Manager stated that these monies include all expenses other than payroll incurred by the City. Vice Mayor Genis proposed making a copy of the Warrants available to MOTION the public during Council meetings, to be located in the vestibule of Warrant 1532 and the Council Chambers. On motion by Council Member Erickson, Payroll 9222 i seconded by Council Member Humphrey, the Warrant Resolution Approved and Payroll were approved by the following roll call vote: j AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Claim from Overhead 1 Item 5 on Consent Calendar was presented: Claim from Overhead Door Company Door Company (regarding alleged damages suffered by Continued to subcontractor on Metro Fire Station project due to nonpayment by December 7, 1992 general contractor), was continued to the meeting of December 7, 1992. Agreement with Hunsaker and Associates Design of Roadway Improvements at Harbor/Adams MOTION Agreement Approved; Resolution 92-92 Adopted PUBLIC HEARING Appeal of PA -92-72 Bailey Item 8 on the Consent Calendar was presented: Agreement with Hunsaker and Associates, Three Hughes, Irvine, for $125,000.00, for design of roadway improvements at the intersection of Harbor Boulevard and Adams Avenue, and resolution requesting allocation of Measure M "Intersection Improvement Program" funding for the design services costs. Sid Soffer, 900 Arbor Street, Costa Mesa, j commented that $125,000.00 for the design cost was excessive, and suggested using college students for this type of endeavor. The Public Services Director described the scope of work, stating it would be funded 100 percent by Measure M regional interchange funding. On motion by Council Member Humphrey, seconded by Vice Mayor Genis, the agreement was approved, and Resolution 92- 92, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHOR- ITY TO ALLOCATE MEASURE M FUNDS FOR DESIGN SERVICES TO THE INTERSECTION OF HARBOR BOULEVARD AND ADAMS AVENUE, was adopted by the 1 following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None The City Clerk announced the public hearing, continued from the meeting of November 2, 1992, to consider the appeal of the Planning Commission's Conditions of Approval for Planning Action PA -92-72 from Donald or Marilyn Bailey, 2811 East Katella Avenue, No. 200, Orange, for a Planned Signing Program to allow two double-faced tenant identification ground signs with five tenant panels per side, located at 3033 Bristol Street in a Cl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the City Clerk's office. No communications were received. The Deputy City Manager/Development Services 1 J7 reviewed the Agenda Report dated November 6, 1992, using an overhead transparency and photographs to illustrate the two current signs. Don Bailey, the applicant, stated he is requesting the two new signs with four tenants per sign as per the original staff recommendations. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that the City should reevaluate the current sign ordinance. Kevin Austin, 854 West Wilson Street, Costa Mesa, concurred with allowing a deviation in the signs to assist small businesses, as long as the signs are not obnoxious. Ed Fawcett, Executive Director, Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Costa Mesa, supported the sign request, stating that approval would facilitate traffic flow in this area. There being no other speakers, the Mayor closed the public hearing. Motion to Uphold Council Member Erickson made a motion to uphold the Planning Planning Commis- Commission's decision regarding placement of three tenant signs on sion's Decision Died - the monument signs per the conditions of approval of Planning for Lack of a Second Action PA -92-72. The motion died for lack of second. MOTION A motion was made by Vice Mayor Genis, seconded by Council PA -92-72 Approved Member Humphrey, and carried 471, Council Member Erickson Per Planning voting no, to reverse the Planning Commission's decision and Staff s Recommen- approve Planning Action PA -92-72 per the recommendation as dations contained in the Planning Division staff report dated October 8, 1992, with the finding that due to the visibility of the site that four tenants on each sign is warranted. The Deputy City Manager/Development Services reassured the Vice Mayor that the Planning Division's Conditions of Approval as contained in the original staff report would be included in the resolution of approval which will be on the December 7, 1992, agenda. Council Member Erickson stated he did not feel this application was pro business but would detract from the business atmosphere along a commercial street such as Bristol Street. He suggested that if more than three tenants were to be allowed on a monument sign then the sign ordinance should be revised rather than approve each application separately. ANNOUNCEMENT The City Manager announced that the sign ordinance will be discussed at the Council Study Session, Monday, November 23, 1992, 4:00 p.m., in the fifth floor conference room. PUBLIC HEARING The City Clerk announced the public hearing, continued from the Butler-O'Bryon SRO meeting of November 2, 1992, to consider the Butler-O'Bryon Single -Room Occupancy (SRO) Hotel at 2450 Newport Boulevard. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. Council Member Council Member Buffa announced that he would abstain from voting Buffa Left Chambers on this item and subsequently left the Council Chambers for the duration. He asked Council Member Humphrey to chair the Redevelopment Agency for that portion of the upcoming discussion. i Mayor Hornbuckle related that "The purpose of this public hearing is to receive public input and take action on the Costa Mesa Village Single -Room Occupancy Housing Project. This hearing is required by the terms of Measure J, which was approved by the voters of Costa Mesa in June of 1980. Measure J requires a public hearing and approval of the City Council when a 'low rent housing project' receives funding fromi the City or other public agencies. Redevelopment Project Manager Muriel Berman will give further background on the requirements of Measure J, as well as making a presentation on the proposed project. After the conclusion of the jpublic hearing, we will be discussing New Business Items 1 and 2." The Redevelopment Project Manager reviewed the Agenda Report dated November 16, 1992, which summarized Measure J, Article 34 of the California Constitution and the Costa Mesa Village SRO Project, noting that public notice of the project had been given. Mayor Hornbuckle announced that all persons desiring to speak on the proposed matters would be given the opportunity to speak. Merrill Butler, 401 Pirate Road, Newport Beach, and Tom O'Bryon, 4250 Park Newport, Newport Beach, thanked the City staff for their assistance with this project which will provide quality, affordable housing for Costa Mesa. Susan Oakson, Executive Director, Orange County Homeless Issues Task Force, 18012 South Mitchell, Irvine, read a letter from Senator Marian Bergeson endorsing the Costa Mesa Village Project. Jean Forbath, 2880 Club House Road, Costa Mesa, expressed her concern over the lack of low income housing in Costa Mesa, and suggested that this project could accommodate not only single adults but also a single mother with a child. She stated that Share Our Selves (SOS) has been sending families to this motel for about 20 years and children have lived there safely. She asked that this concept not be excluded. James Martin, 1991 Newport Boulevard, Costa Mesa, endorsed the project but questioned the ability to limit the occupancy to single adults, pointing out that sections of the Fair Housing Act prohibit discrimination in housing based upon familial status. The Redevelopment Project Manager responded that the Conditional Use Permit does limit the project to single adult occupancy, and parking is based on one person per unit. Jon Goetz, of Stradling, Yocca, Carlson & Rauth, Attorneys at Law, 660 Newport Center Drive, Suite 1600, Newport Beach, representing the Redevelopment Agency, addressed Mr. Martin's concerns stating that as long as the Housing and Urban Development (HUD) occupancy requirements are satisfied, it would be deemed appropriate to proceed with the project. He stated that in all the documents being considered, there are no additional occupancy restrictions, the only one being a condition of the CUP which was previously approved. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the City's participation in this project was a loan or a gift of money, and the Redevelopment Project Manager answered that it was a loan of $500,000.00. Mr. Soffer stated that he was against subsidizing "low-cost anything". 19 Kevin Austin, 854 West Wilson Street, Costa Mesa, supported this project; however, he proposed that precautions be taken to ensure that the City will not be open to legal action. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Erickson, seconded by SRO Hotel Approved Council Member Humphrey, and carried 4-0, Council Member Buffa absent, to approve the Costa Mesa Village SRO Hotel pursuant to Measure J and Article 34 of the California Constitution, directing staff to investigate the option of having a single parent and a child (a person under 18 years of age) included as occupants of this facility. The next two New Business items were taken out of order since they relate to the SRO.Project. NEW BUSINESS The City Clerk presented the Cooperation Agreement with the Costa Cooperation Agree- Mesa- Redevelopment Agency authorizing the City to advance ment Regarding SRO $200,000.00 in Community Development Block Grant (CDBG) Project funds to the Agency for the Costa Mesa Village Single -Room Occupancy (SRO) Hotel Project. The Redevelopment Project Manager explained the project as described in the Agenda Report dated November 16, 1992, adding that there are steps that the Redevelopment Agency and the County staff need to complete before the project is started, such as the loan documents which require approval by the Orange County Board of Housing Commissioners; and a firm financing commitment from Savings Association Mortgage Company (SAMCO). Council Member Humphrey cited a memorandum from the Redevel- opment.Project Manager of November 13, 1992, expressing concern regarding Item 3, Management Plan, on Page 2, stating that he wanted the management rules to be posted, at least in the lobby; he would prefer a telephone system, as opposed to a buzzer system, to allow access to the on-site management personnel; requested that staff investigate a bicycle support system; and there be no storage of vehicles at this facility. .Morgan Sly, Vice President, National Housing Ministries, 415 East Harvard Street, Suite 104, Glendale, managing agent and general partner through Brookmore Apartment Corporation, responded to Council Member Humphrey as follows: (1) The management, or house rules are an addendum to the lease, but. they can be posted; (2) The concept of a telephone or buzzer system has not been seriously considered, but a call bell could suit the current needs; (3) The issue of bicycles has been considered and will be addressed; and (4) A statement regarding the storage of inoperable and unlicensed vehicles could be added to the management rules. He stated that the concept for this project is temporary/permanent housing on a month- to-month lease; however, this is not intended to house a transient population. Jean Forbath, 2880 Club House Road, Costa Mesa, asked if the Conditional Use Permit were changed to allow occupancy by an adult and a child, would they be eligible for a Section 8 certificate; and since this structure was originally a motel, has the parking been reduced from one car per unit. The Deputy City Manager/Develop- ment Services responded to the question regarding parking by stating that the parking was reduced a total of eight spaces because according to SRO guidelines, these units supposedly have a lower 2'0 MOTION Resolution 92-93 Adopted MOTION Resolution 92-94 Adopted MOTION Mayor Authorized to Execute Documents NEW BUSINESS SRO Hotel Project Council Meeting Adjourned; Redevel- opment Agency Meeting Convened parking demand. The Mayor stated that some of the parking was taken for an additional recreation area. Kathleen Head, Keyser Marston Associates, Incorporated, 500 South Grand Avenue, Suite 2480, Los Angeles, whose firm prepared the economic analysis for this project; responded to the question on Section 8 by stating that utilizing .these monies would constitute a layering of subsidy on the project that would then change the warranted'assistance. She further explained how the rate of $456.00 per room was calculated. Merrill Butler emphasized that at this point the timing is critical for this project, and urged the Council to consider the option of working through the CUP process rather than changing the loan documents. On motion by Council Member Humphrey, seconded by Vice Mayor Genis, Resolution 92-93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MAKING CERTAIN ENVIRONMENTAL FINDINGS IN CONNECTION WITH THE FINANCING OF THE COSTA MESA VILLAGE SINGLE -ROOM OCCUPANCY HOUSING PROJECT, was adopted, certifying that the project is exempt from the National Environmental Policy Act and the California Environmental Quality Act. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa On motion by Council Member Humphrey, seconded by Council Member Erickson, Resolution 92-94, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING A COOPERATION AGREE- MENT WITH THE COSTA MESA REDEVELOPMENT AGENCY FOR THE FINANCING OF THE COSTA MESA VILLAGE SINGLE -ROOM OCCUPANCY HOUSING PROJECT, was adopted, approving the Cooperation Agreement between the City of Costa Mesa and the Costa Mesa Redevelopment Agency, authorizing the City to advance $200,000.00 in Community Development Block Grant funds to the Agency for the project. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Humphrey, Erickson NOES: None ABSENT: Buffa On motion by Council Member Humphrey, seconded by Council Member Erickson, and carried 4-0, Council Member Buffa absent, the Mayor and City Clerk were authorized to sign the documents on behalf of the City. The Costa Mesa Village Single -Room Occupancy (SRO) Hotel Project at 2450 Newport Boulevard was presented, and the Mayor announced that this item will be discussed during the Redevelopment Agency portion of the meeting. Mayor Hornbuckle adjourned the City Council meeting so that New Business Item No. 2, which relates to the Costa Mesa Village SRO Housing Project, could be discussed by the Redevelopment Agency. The special meeting of.the Costa Mesa Redevelopment Agency was called to order by Vice Chairman Humphrey. The Agency Secretary announced that Chairman Buffa had left the Council Chambers and would abstain from participating in the SRO Project discussions, and that Vice Chairman Humphrey would chair the meeting. ROLL CALL Agency Members Present: Vice Chairman Jay Humphrey Agency Member Mary Hornbuckle Agency Member Sandra Genis Agency Member Joe Erickson Agency Members Absent: Chairman Peter Buffa Officials Present: Redevelopment Project Manager Muriel Berman Agency Secretary Marie Thompson ANNOUNCEMENT The Agency Secretary announced that the Redevelopment Agency Agenda was posted at the Council Chambers and Police Department on Tuesday, November 10, 1992. AGENCY PUBLIC The Agency Secretary presented the funding request for Butler - HEARING O'Bryon "Costa Mesa Village" Single -Room Occupancy (SRO) SRO Hotel Project Hotel Project, located at 2450 Newport Boulevard. The Redevelopment Project Manager stated that the relevant Agenda Report had been previously summarized for the City Council. MOTION On motion by Agency Member Hornbuckle, seconded by Agency Resolution 141-92 Member Genis, Resolution 141-92, A RESOLUTION OF THE Adopted COSTA MESA REDEVELOPMENT AGENCY, CITY OF COSTA MESA, CALIFORNIA, MAKING CERTAIN ENVIRONMENTAL FINDINGS IN CONNECTION WITH THE FINANCING OF THE COSTA MESA VILLAGE SINGLE -ROOM OCCUPANCY HOUSING PROJECT, was adopted, certifying that the project is exempt from the National Environmental Policy Act and the California Environmental Quality Act. The motion carried by the following roll call vote: AYES: Humphrey, Hornbuckle, Genis, Erickson NOES: None ABSENT: Buffa Agency Member Genis addressed Condition of Approval No. 12, which reads as follows, All units shall be single occupancy. Any proposed change to double occupancy shall be reviewed by the Planning Division. Any proposed change that would not comply with Council Policy No. 500-5 relative to either double occupancy limits or parking requirements based on occupancy shall be referred back to the Planning Commission for review and approval". She suggested that the language of this condition be incorporated into the document in order to ensure against overcrowding of the units. Considerable discussion ensued regarding the addition of Condition of Approval No. 12 to the loan documents and the problems involved therein. Jon Goetz listed the options available, stating that if the condition were added to the Regulatory Agreement, recirculation of the document would be necessary', and the change would need to be reviewed by the County Housing Authority. He suggested adding the condition to the Owner Participation Agreement between the Agency and the developer which would not require County approval. Tom O'Bryon stated that using the CUP would RECESS MOTION Resolution 142-92 Adopted i 'allow flexibility in the project without redrafting the loan documents or any of the agreements. IThe Vice Chairman declared a recess at 9:00 p.m., and the meeting reconvened at 9:15 p.m. After discussion during recess, Mr. O'Bryon stated that to change !the documents at this stage would delay the project and would 'amount to a substantial investment of more time and money. i Rick Efker, County of Orange, Environmental Management Agency, who has been responsible for the negotiations on this project stated that the Regulatory Agreement is primary to all other obligations, and he assured the developers that the documents would be approved in an expeditious manner. Jon Goetz concurred that any change in !the occupancy restrictions should be reflected in all the documents, which would include the Owner Participation Agreement, the Loan Agreement, as well as the Regulatory Agreement. Merrill Butler stated that the documents would have to be reexamined by Savings Association Mortgage Company (SAMCO), and expressed displeasure with changing the documents at this point. iMr. Butler explained the problems that SAMCO would have with the proposed change in the loan documents. The Redevelopment !Project Manager clarified that the City would have more protection if the condition were added to the Regulatory Agreement; however, the lender may not concur with adding such permanent restrictions to the property. On motion by Agency Member Hornbuckle, seconded by Agency Member Erickson, Resolution 142-92, A RESOLUTION OF THE COSTA MESA REDEVELOPMENT AGENCY, CITY OF COSTA MESA, CALIFORNIA, APPROVING VARIOUS DOCUMENTS RELATING TO THE FINANCING OF THE COSTA MESA VILLAGE SINGLE -ROOM OCCUPANCY HOUSING PROJECT, was adopted, approving the following documents, authorizing the Vice Chairman to execute all of those documents, and authorizing the Executive Director to take all action necessary to implement those documents: (1) The Regulatory Agreement and Declaration of Restrictive Covenants; (2) The Deed of Trust and Promissory Note secured by the Deed of Trust; (3) The Cooperation and Loan Agreement by and between the Orange County Housing Authority and the Costa Mesa Redevelopment Agency; (4) The Loan Agreement by and among the Orange County Housing Authority, the Costa Mesa Redevelopment Agency, and Costa Mesa Village, Limited; (5) The Owner Participation Agreement by and between the Costa Mesa Redevelopment Agency and Costa Mesa Village, Limited; (6) The Cooperation Agreement by and between the City of Costa Mesa and the Costa Mesa Redevelopment Agency; and (7) 1 The SRO Management Plan. The motion carried by the following roll call vote: AYES: Humphrey, Hornbuckle, Genis, Erickson NOES: None ABSENT: Buffa Vice Mayor Genis stated she supported the motion but for the record pointed out that the previous delays on this project were not created by public agencies but by a change in the applicant's name from Butler-O'Bryon to Costa Mesa Village, Limited, which created a delay at the City and the County level. �I 1 Agency Reports There were no reports- from either the Agency Executive Director nor the Agency Attorney. Oral Communications There were no speakers under Oral Communications. AGENCY The Vice Chairman• adjourned the Agency meeting to the next ADJOURNED regular meeting. of the Agency, to be held on Wednesday, November 18, 1992, in the: City Hall Fifth. Floor Conference Room. COUNCIL MEET- Mayor Hornbuckle reconvened the City Council meeting to complete ING RECONVENED the remainder of the City Council agenda. Council Member At 9:40 p.m., Council Member Buffa returned to the Council Buffa Returned Chambers. PUBLIC HEARING The City Clerk announced the public hearing, continued from the User Fees and meeting of Septem6er-'21, 1992, to consider adjustment of user fees Charges and charges for fiscal year 1992-93, including second reading and adoption of Ordinance 92-16 relating to existing fees, and a resolution approving the 1992-93 User Fee Rate Schedule, effective February 1, 1993. Mayor Hornbuckle stated a communication was received from Ed Fawcett, Executive Director, Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Costa Mesa. The City Manager reviewed the Agenda Report dated November 5, 1992, noting that at the Monday, November 23, 1992, study session, deregulation measures for the Development Services Department will be discussed which may impact fees. Kevin Austin, 854 West Wilson Street, Costa Mesa, stated his concern over the Community Services proposed fees for the reservation of parks which has increased considerably, and suggested lowering the fees for the Pop Warner type activities. Mayor Hornbuckle responded that the park reservation fees are for parties or -groups of persons, and the reservations for youth sports would occur in the ballfield category. The City Manager clarified that youth sports category includes programs which the City sponsors under the Recreation Division, and the ballfield category encompasses the rates which are charged various groups for use of City facilities. Betty Jean Beecher, 200 Magnolia Street, Costa Mesa, asked how the park fee changes affected the events held at the Estancia Adobe that are sponsored by the Costa Mesa Historical Society, and the City Manager stated that the City's agreement with the Society is that there is no charge for the use of that site. Mrs. Beecher spoke -about the residential false alarm fee, stating that she has an alarm system which has gone off in error and feels that the fee increase is excessive. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, stated that the alarm fee in Santa Ana is $80.00, but that was charged after a number of calls, and noted that various things can trip an alarm system such as birds and cleaning people. Vice Mayor Genis pointed out that the agenda report indicates that approximately 116 hours are spent on responding to alarm calls and less than one tenth of one percent of the calls are crime related. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that Council weigh that which produces the most revenue for the City, sales tax or fees, stating that in today's economic situation today, businesses MOTION Resolution 92-75 Adopted; Ordinance 92-16 and Remaining Fees Continued to a Date Uncertain OLD BUSINESS AB 939 Fee Structure Waste Management cannot afford to pay both. He stated that raising fees will drive businesses out of Costa Mesa. There being no other speakers, the Mayor closed the public hearing. A discussion ensued regarding the Public Entertainment Permit fee, and the Deputy City Manager/Development Services explained that the fee is primarily based on staff time to process large events, suggesting that the fee be used for events of 500 or more and a much lower fee be instituted for the small coffee house with live entertainment. A motion was made by Council Member Erickson, seconded by Council Member Humphrey, to continue the 1992-93 User Charge and Fee Schedule, including second reading and adoption of Ordinance 92-16 and the approving resolution, to a date to be determined after the goal -setting session, with changes to the Police 1992-93 User Charge and Fee Schedule: The following to be effective November 17, 1992, Photograph ($20.00), Fingerprinting ($12.00), Police Report Copy ($20.00), Clearance Letter ($20.00), DUI Accident (maximum of $1,000.00 set by State Government Code), to increase the False Alarm -Residential and False Alarm - Commercial to two free false alarms in a 12 -month period, Jail Booking Fee -City ($35.00), Jail Booking Fee -County ($158.00); the following to be effective December 16, 1992, Vehicle Impound/Storage-Private ($20.00), Vehicle Impound/Storage-Public ($35.00); and Registrant-Drug/Sex Offender ($65.00) to be effective pending adoption of Ordinance 92-16; and to implement these changes by adoption, of Resolution 92-95, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AND ADOPTING FEES FOR POLICE DEPARTMENT SERVICES. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None The City Clerk presented the Implementation of AB 939 Fee Structure for waste management: (a) Direct City Attorney to prepare a final permit and licensing ordinance for multiple waste hauler. (b) Direct City Attorney to prepare a final franchise ordinance and agreement for a future exclusive franchise. (c) Direct staff to develop Request for Proposals (RFPs) for consultant services to implement and administer the City's Source Reduction and Recycling Element (SRRE), and to enforce the requirements of the State of California's AB 939 programs until such time as the exclusive franchise is implemented. (d) Direct staff to develop specifications to request bids for trash collection. services in all areas of the city not presently receiving "curb side" service, with the intent to consider an exclusive franchise for commercial, industrial, and institutional uses. 1 4 d` -25 lj Communications in opposition to the plan for an exclusive trash hauler in Costa Mesa were received from William H. Jewell, J & J Properties, 170 East 17th Street, Suite 110, Costa Mesa; Ray Torrey, Fabricators West, 2035 Placentia Avenue, Building C, Costa Mesa; and Jano Marches, no address given. The Public Services Director reviewed the Agenda Report dated November 5, 1992. The following persons spoke against having an exclusive franchise agreement for trash collection in Costa Mesa: James Martin, GLM Enterprises, 1991 Newport Boulevard, Costa Mesa; Juneann DeCasas, property manager, 1380 Village Way, Apt. D204, Costa Mesa; Dolores Otting, 5 Star Rubbish Service, 2130 Canyon Drive, Costa Mesa (presented information package to the City Clerk); Scott Williams, 3465 Santa Clara Circle, Costa Mesa; and Madeline Arakelian, owner, South Coast Refuse Corporation and Integrated Recycling Systems, 2021 Business Center Drive, Irvine. Jim Henwood, General Manager, South Coast Plaza, 3333 Bristol Street, Costa Mesa, suggested not taking action on the franchise concept at this point and asking for input from business leaders regarding differences in the cost of trash pickup relative to franchise agreements. Vic Mazmanian, Division Manager, Western Waste Industries, 16281 Construction Circle West, Irvine, stated that his company has been involved with the City. for over 20 years, and he offered his support of whichever program, exclusive or multiple franchise, that is selected. He introduced David Little, . Vice President of Recycling, Western Waste Industries, Gardena, who spoke on the recycling aspect of this business. Jim Ferryman, member of the Costa Mesa Sanitary District, 1095 Tulare Drive, Costa Mesa, reported that they have had a good experience working with Costa Mesa Disposal as a single franchisee, stating that they give back to the City by means of the telephone book recycling program, Christmas tree recycling program, and more. A lengthy discussion ensued regarding the benefits of an exclusive franchise as opposed to multiple franchises. Motion to Approve A motion was made by Council Member Buffa, seconded by Council Items (a), (c), and Member Erickson, to approve of Items (a), (c), and amended (d), Amended (d) Died changing Item (d), line 5, from "exclusive franchise" to "multiple franchises". SUBSTITUTE On motion by Vice Mayor Genis, seconded by Council Member MOTION/Items (a) Humphrey, and carried 4-1, Council Member Buffa voting no, Items and (c) Approved (a) and (c) were approved. MOTION ' On motion by Vice Mayor Genis, . seconded by Council Member Amended Item (d) Humphrey, and carried 4-1, Council Member Buffa voting no, Approved . amended Item (d) was approved: "Direct staff to develop specifications for trash collection services in all areas of the City not presently receiving 'curb side' service". RECESS The Mayor declared a recess at 11:50 p.m., and the meeting reconvened at 11:55 p.m. OLD BUSINESS Towing Services and Charges MOTION Ordinance 92-23 Adopted The City Clerk presented City Attorneys Report No. 92-75, and second reading and adoption of Ordinance 92-23, amending Sections I9-282, and 9-284 of the Costa Mesa Municipal Code relating to tow services and charges. On motion by Council Member Humphrey, seconded by Vice Mayor Genis, Ordinance 92-23, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, j AMENDING SECTIONS 9-282, AND 9-284 OF THE COSTA MESA MUNICIPAL CODE RELATING TO TOW SERVICES J AND CHARGES, was given second reading and adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa; Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS 1 The City Clerk presented a request for partial street closure of Times Orange County Sunflower Avenue and Bear Street on December 5, 1992, at 9:30 Holiday Parade a.m. , for the Times Orange County Holiday Parade. Ann Gyben, Assistant to the City Manager briefly summarized the Agenda Report dated November 9, 1992. MOTION Request Approved CITY ATTORNEY REPORTS Request for Closed Session; City v. Harry S. Green, et al.; Carbajal v. Zangger, et al.; Gayef Claim; Hernandez v. City COUNCIL COMMENTS Costa Mesa Mobile Estates Telephone Books Vice Mayor Genis expressed concern that since the proposed street closure would take place at the height of the holiday season that traffic on the way to South Coast Plaza would not be impeded, and wanted to know about any detour arrangements which might have been made. The Assistant to the City Manager stated she would pass that request along to the parade people. On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, the closure was approved with the request that appropriate detours to South Coast Plaza be identified. The City Attorney requested a closed session pursuant to Government Code Sections 54956.9(a) and 54956.9(b)(1) to discuss the following: Proposed settlement regarding City of Costa Mesa v. Harry S. Green, et al., Orange County Superior Court Case No. 69- 156-76; Cesar Carbajal v. Michael Robert Zangger, et al., Orange County Superior Court Case No. 68-88-97; Claim from Gregory Gayef; and Settlement offer in Teresa Hernandez v. City of Costa j Mesa, Orange County Superior Court Case No. 63-30-19. The Mayor announced that closed session would be held after completion of regular business. Council Member Humphrey commented on the Costa Mesa Mobile Estates problem, stating that the only thing the City seems to control is the parking. He asked to be advised of that which the mobile homeowners leases actually allow. He also asked that the Fire Department check to verify there is adequate turning space for a fire vehicle. Vice Mayor Genis announced that the Air Quality Management District (AQMD) would be on the agenda for the Study Session on Monday, November 23, 1992, at 4:00 p. m., in the fifth floor Conference Room of City Hall. Mayor Hornbuckle reminded everyone to recycle their old telephone books. C ADJOURNMENT TO At 12:05 a.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 The meeting was reconvened at 12:15 a.m., and the action taken RECONVENED during closed session was announced. City v. Harry S. Council received a status report from the City Attorney regarding Green, et al. the City of Costa Mesa v. Harry S. Green, et al., Orange County Superior Court Case No. 69-56-76. Carbajal v. Zangger, By a vote of 5-0, the settlement offer contained in the City et al. Attorney's confidential memorandum dated October 30, 1992, regarding Cesar Carbajal v. Michael Robert Zangger, et al., Orange MOTION/Settlement County Superior Court Case No. 68-88-97, was rejected, and the Offer Rejected City Attorney was given directions. Gayef Claim Council received a status report from the City Attorney on the claim from Gregory Gayef. Hernandez v. City By a vote of 5-0, the settlement offer as detailed in the City Attorney's confidential memorandum dated November 10, 1992, MOTION/Settlement regarding Teresa Hernandez v. City of Costa Mesa, Orange County Offer Rejected Superior Court Case No: 63-30-19, was rejected, and the City Attorney was given directions. ADJOURNMENT The Mayor declared the meeting adjourned at 12:20 a.m. Mayor o he City of Costa Mesa ATTEST: ty Clerk of the City of Costa M Vr �27