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HomeMy WebLinkAbout12/07/1992 - City CouncilROLL CALL MINUTES November 16 and 23, 1992 ORDINANCES ORAL COMMUNI- CATIONS Hibernian Soccer Club Pearl Harbor Day Cable TV Rate Increase REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 7, 1992 The City Council of the City of Costa Mesa, California, met in regular session December 7, 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 Pastor Lothar V. Tornow, Christ Lutheran Church. 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 On motion by Council Member Butta_; seconded by Vice Mayor Genis, and carried 5-0, tho minuted of the regular meeting of November 16, 1992, and the special meeting of November 23, 1992, were approved as distributed. A motion was made by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, to read all ordinances by title only. Niall Johnston, 2556 Santa Barbara Lane, Costa Mesa, representing Costa Mesa Hibernian Soccer Club, stated that the club has entered into an agreement with Southern California College, 55 Fair Drive, Costa Mesa, to use its soccer facilities. Mr. Johnston reported that since there have been complaints from nearby residents regarding the lights and usage of the field, he was requesting Council to initiate a forum in which the residents, representatives of the Hibernians, and Southern California College representatives could meet to find a solution which would be agreeable to all parties. In addition, Mr. Johnston asked that the City provide a mediator for the forum, and that the team be granted temporary use of the facilities .pending a meeting with the residents. During discussion, the City Manager felt it would be best for all parties involved if the team did not use the soccer field until a permit from the City has been issued. Mayor Hornbuckle suggested that Mr. Johnston contact the City Manager in the morning about initiating a forum. Ed Fawcett, Costa Mesa Chamber of Commerce, supported the team's use of the college facilities and encouraged discussion with the residents. Carl Bureman, 447 Princeton Drive, Costa Mesa, mentioned that today is the 51st anniversary of the attack on Pearl Harbor. Charles Markel, 2851 Club House Road, Costa Mesa, asked Council to address the rate increase being proposed by Copley/Colony Cablevision, and mentioned that there was a substantial increase just last year. The. City Manager responded that Copley/Colony has been advised of the City's opposition to the increase; however, at this time, Federal law precludes , any - rate regulation by local agencies for certain services. He stated that there have been some changes to the Federal law, but there are no new Federal Communication Commission (FCC) guidelines available as to implementation. The City Manager reported that staff has been investigating provisions in the Franchise Agreement which would at least allow the City to call for a public hearing in order for Copley/Colony to.address this issue. Carl Bureman, 447 Princeton Drive, Costa Mesa, member of the Cable Television Committee, reported that the City will not have authority until spring, and cable companies all over the country are raising rates now before the new law becomes effective. In reply to Council Member Buffa's inquiry, the City Manager believed that the City has the right to call for a public hearing on any aspect of the cable operator's performance. GENERAL - The City Clerk recited the facts of the General Municipal Election MUNICIPAL held in the City of Costa Mesa on November 3, 1992: The election ELECTION was consolidated with the Statewide General Election and the Orange County Registrar of Voters canvassed the returns; the names of the 11 candidates voted for at the election for Member of the City Council were Kevin H. Austin, Chris Steel, Sandra L. (Sandy) Genis, Joe Erickson, Denis W. Retoske, Gary Monahan, Stephen J. McGuire, Karen McKenna-Juergens, Mary Hornbuckle, Brian K. Theriot, and Donald D. Williams; the three candidates receiving the highest number of votes were Sandra L. Genis - 12,128; Joe Erickson - 10,835; and Mary Hornbuckle - 109834. MOTION On motion by Council Member Humphrey, seconded by Council Resolution 92-97 Member Buffa, Resolution 92-97, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 3, 1992, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: -None Oaths of Office The City Clerk gave the Oath of Office to newly elected Council Administered Members Sandra Genis, Joe Erickson, and Mary Hornbuckle, and presented them with their Certificates of Election. Council Member Erickson introduced his wife and three children, and thanked his family for their assistance during his service with the City and for their involvement in the community. He also . thanked the citizens of Costa Mesa for their support and vowed to do his best while serving on the Council. Vice Mayor Genis introduced her parents, and thanked them and all those who have been so helpful, including those citizens who have provided her and the other Council Members with their opinions on various City issues. Mayor Hornbuckle thanked her family and the citizens for their support, and stated that she is looking forward to four more rewarding years as a member of the Council. MOTION The City Clerk called for nominations for Mayor. Council Member Vice Mayor Genis Humphrey made a motion, seconded by Council Member Erickson, Elected Mayor nominating Vice Mayor Sandra Genis as Mayor of Costa Mesa. By I 5-0 vote, Vice Mayor Genis was elected Mayor for a two-year I which will expire in November, 1994. MOTION Mayor Genis called for nominations for Vice Mayor. Council Council Member Member Erickson made a motion, seconded by Council Member Humphrey Elected Hornbuckle, nominating Council Member Jay Humphrey as Vice Vice Mayor Mayor of Costa Mesa. By a 5-0 vote, Council Member Humphrey was elected Vice Mayor for a two-year term which will expire in !November, 1994. CONSENT On motion by Council Member Buffa, seconded by Vice Mayor CALENDAR Humphrey, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None READING FOLDER Claims Alcoholic Beverage Licenses Public Utilities Commission WRITTEN COMMUNICA- TIONS Records Destruction for Public Services MOTION Resolution 92-98 Adopted SET FOR PUBLIC HEARING/Orange County Taxi MOTION/Hearing Set for December 21, 1992 WARRANTS On motion by Council Member Buffa, seconded by Vice Mayor Humphrey, and carried 5-0, the following Reading Folder items were received and processed: Claims received by the City Clerk: Brian Foster; Norene B. Lingle; and Mercury Insurance/Robert Walker. Alcoholic Beverage Licenses for which parking has been approved by the Planning Staff: Alta Coffee Annex; doing business at 1870 . Harbor Boulevard, Suite A-100; Pong Son Kim and Ung Yol Kim, doing business at 2200 Harbor Boulevard, Suite A-4; and Western Food and Beverage, Incorporated, doing business at 711 West 17th Street. Notice from Southern California Gas Company that it has filed General Rate Case Application No. 92-11-017 with the Public Utilities Commission. The commission requires each energy utility to file a general rate case application every three years. On motion by Council Member Buffa, seconded by Vice Mayor Humphrey, Resolution 92-98, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF COSTA MESA PURSUANT TO .ORDINANCE NO. 75-60, was adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None On motion by Council Member Buffa, seconded by Vice Mayor Humphrey, and carried 5-0, the following item was set for public hearing on December 21, 1992, at 6:30 p.m.: A Certificate of Public Convenience and Necessity for William F. Scott, doing business as Orange County Taxi, 1634 Pomona Avenue, Costa Mesa. On motion by Council Member Buffa, seconded by Vice Mayor Humphrey, Warrant Resolution 1533 for $939,508.09, Payroll 9223 ..:, 33 . . MOTION for $1,175,756.59; and Warrant Resolution 1534 for $908,985.65, Warrants and Payroll 9224 for $1,196,816.86, were approved by the following roll Payrolls Approved call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None ADMINISTRATIVE Median and left -turn lane improvements/driveway modifications at ACTIONS 2220 Fairview Road were completed to the satisfaction of the Public Services Director by The Assistance League of Newport -Mesa, 505 - Completion of Street 32nd Street, Newport Beach, in connection with Planning Action Improvements at 2220 PA -91-77. On motion by Council Member Buffa, seconded by Vice Fairview Road by The Mayor Humphrey, the Performance Bond and Labor and Material Assistance League Bond, for $25,000.00 each, were ordered exonerated by the following roll call -vote: MOTION AYES: Genis, Humphrey, Hornbuckle, Bonds Exonerated Buffa, Erickson NOES: None ABSENT: None Final Map for Vesting The Final Map was presented for Vesting Tract No. 14158 located Tract No. 14158 at 2016-2028 Santa Ana Avenue, 15 lots, 1.070 acres; the developer Tuttle Development is Tuttle Development Corporation, 3185-D Airway Avenue, Costa Mesa. On motion by Council Member Buffa, seconded by Vice MOTION Mayor Humphrey, and carried 5-0, the map was approved; the Map Approved ingress -egress easement for emergency and security vehicle purposes was accepted as shown on said map; the map was approved pursuant to provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City. City Donation of One The Finance Director recommended authorization for the City Surplus 1984 Station Manager to donate one surplus 1984 station wagon to Olive Crest Wagon to Olive Crest Treatment Centers, 1300 North Kellogg Drive, Suite D, Anaheim. Treatment Centers Staff has determined that the vehicle is surplus property since it is no longer feasible to operate the vehicle and should be disposed of in accordance with Sections 2-123 and 2-176 of the Municipal Code. MOTION On motion by Council Member Buffa, seconded by Vice Mayor Resolution 92-99 Humphrey, Resolution 92-99, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE DONATION OF A SURPLUS PROPERTY VEHICLE TO THE OLIVE CREST TREATMENT CENTERS, INC., was adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None Surplus Property at The Public Services Director requested that 551 square feet of City - 2155 State Street owned land at 2155 State Street be declared surplus property since it is no longer required for public use. He also recommended disposing of said land by sale to the property owner at 2159 State Street. A motion was made by Council Member Buffa, seconded by Vice Mayor Humphrey, to take the following action: MOTION Adopted Resolutions Adopt Resolution 92-100; A RESOLUTION OF THE CITY 92-100 and 92-101; COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Approved Agreement DECLARING THAT A PORTION OF THE PROPERTY AT and Grant Deed; 2155 STATE STREET IS SURPLUS PROPERTY AND Approved Amended DECLARING ITS INTENTION TO DISPOSE OF SAID Lease Agreement SURPLUS REAL PROPERTY. Adopt Resolution 92-101, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 91-68 WHICH DEDICATED LAND FOR PUBLIC USE FOR STREET, HIGHWAY, AND UTILITY PURPOSES FOR THE IMPROVEMENT OF VICTORIA STREET. Approve the agreement with Abel and Livier Benavidez, 2159 State Street, Costa Mesa, to purchase surplus real property at 2155 State Street for $6,000.00. Approve a grant deed for surplus real property at 2155 State Street and authorize the Mayor and City Clerk to sign on behalf of the City. Approve Amendment No. 85 to the Lease Agreement with Costa Mesa City Hall and Public Safety Facilities, Incorporated, deleting a portion of property at 2155 State Street, and authorize the Mayor and City Clerk to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None PA-92-72/Bailey A resolution was presented which approves Planning Action PA -92- 72, for Donald and Marilyn Bailey, 2811 East Katella Avenue, Suite 200, Orange, for a Planned Signing Program at 3033 Bristol Street. The resolution formalizes Council's approval of November 16, 1992, including Conditions of Approval and findings as modified by MOTION the City Council. On motion by Council Member Buffa, seconded Resolution 92-102 by Vice Mayor Humphrey, Resolution 92-102, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -92-72, was adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None Agreement with The Chief of Police requested approval of an agreement with Pay - Pay -Tel of America Tel of America, Incorporated, 2020 Timberbrooke, Springfield, Illinois, to install and provide inmate telephone services in the Costa Telephone Services Mesa Police Department Jail Facility. On motion by Council at City Jail : Member Buffa, seconded by Vice Mayor Humphrey, the agreement was approved, and the Mayor and City Clerk were authorized to MOTION sign on behalf of the City. The motion carried by the following roll Agreement Approved call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None PUBLIC HEARING The City Clerk announced that this was the time and place set for 1991 Uniform Fire the public hearing to consider second reading and adoption of Code Ordinance 92-24, adopting the 1991 Uniform Fire Code. The City Manager reported that the ordinance updates the City Fire Code as shown in the Fire Chiefs Agenda Report dated November 30, 1992. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Erickson, seconded by Council Ordinance 92-24 Member Buffa, Ordinance 92-24, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER II OF TITLE 7 OF THE COSTA MESA MUNICIPAL CODE TO ADOPT THE 1991 UNIFORM FIRE CODE AND MAKING CERTAIN AMENDMENTS THERETO, was given second reading and adopted by the following roll .call vote: AYES: Genis, Humphrey, Hornbuckle, . Buffa, Erickson NOES: None ABSENT: None PUBLIC HEARING The City Clerk announced the public hearing, continued from the Appeal of ZA-92-03 meeting of November 2, 1992, to consider an appeal of the Planning Meurs/Smart SMR Commission's denial of Zoning Action ZA-92-03 from Eric M. Meurs, Smart SMR sof California, Incorporated, 1335 South Acacia Avenue, Fullerton, 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. A communication was received from Peter J. Oeth, 420 Mendoza Terrace, Corona del Mar, owner of a duplex apartment building at 1553 Ponderosa Street, Costa Mesa, opposing the project. The Deputy City Manager/Development Services gave a brief summary of the Agenda Report dated November 20, 1992. Mayor Genis asked if the proposed antenna could interfere with television reception. The appellant, Eric Meurs, responded that the FCC will not allow interference with television reception, and reported that the communication system he is proposing operates on a different frequency. Mr. Meurs stated that the antenna must be constructed by April, 1993, so it can be in operation by August. Frank Cole, 2482 Fairview Way, Costa Mesa, spoke in opposition to the project, expressing considerable concern with health hazards whichcould occur from radio frequency radiation. There being no other speakers, the Mayor closed the public hearing. MOTION A, motion was made by Council Member Erickson, seconded by ZA-92-03 Denied Vice Mayor Humphrey, and carried 5-0, to uphold the Zoning Administrator's denial of Zoning Action ZA-92-03. PUBLIC HEARING The City. Clerk announced that this was the time and place set for DA -88-02 the public hearing for the annual review of Development Agreement Arnel Development DA -88-02, John Biggs, Arnel Development Company, 950 South Coast Drive, Suite 200, 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 900 block (odd numbers) of South Coast Drive in a PDC zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the City Clerk's office. No communications were received. Leonard Hampel, Rutan and Tucker, 611 Anton Boulevard, Suite 1400, Costa Mesa, representing Arnel Development Company, stated that his letter. to the Planning Division dated October 9, 1992, contains all the information concerning the project and Arnel's good faith compliance. MOTION/Found that Amel has Complied with the Agreement PUBLIC HEARING R-92-07 City of Costa Mesa There being no other speakers, the Mayor closed the public hearing. A motion was made by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, finding that Arnel Development Company has demonstrated good faith compliance with the terms and provisions of Development Agreement DA -88-02. The City Clerk announced that this was the time and place set for the public hearing to consider 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 No. 1044 adopted for the 1990 General Plan. The Affidavit of Publication is on file in the City Clerk's office. Six communications were received: Bruce F. Ayres, 355 Bristol Street, Suite A, Costa Mesa, owner of Ayres Self Storage located at the southwest corner of 19th Street and Whittier Avenue, emphatically opposed to rezoning this site to R2. James F. Davies, 272 Evening Canyon Road, Corona del Mar, owner of property at 1780 Anaheim Avenue, opposed down - zoning the site from R2 to R1. Gerard Wooters, Seacoast Security Systems, 2488 Newport Boulevard, Costa Mesa, owner of property at 19th Street and Whittier Avenue, was against the proposed zoning to R2. Charles E. Gilmore, 9511 Orient Drive, Huntington Beach, owner of property at 651-653 West Wilson Street, opposed rezoning his property to PDR -LD. George Freestone, 657 Wilson Street, Costa Mesa, opposed rezoning his property to either RI or PDR -LD. Thomas L. Sutro, Newport -Mesa Association of Realtors, 401 North Newport Boulevard, Newport Beach, opposed the zoning changes proposed for Planning Area 1. Council Member Hornbuckle announced that she would be abstaining from the vote on Sites C through G because of their proximity to her residence. The Deputy City Manager/Development Services reviewed staff's Agenda Report dated November 18; 1992, which contains the zoning changes proposed for properties in Planning Area 1 located in the southerly and westerly portions of the City. The Planning Commission recommended approval of the rezones except for possible alternatives for Sites D, O, S, W, and X. The following people spoke in opposition to zoning changes proposed for Planning Area 1, alleging that the new zoning would reduce the value of the properties; would seriously jeopardize the ability of owners to obtain loans against legal, nonconforming lots; and would restrict financing to variable interest rates only: Joseph Y. Acone, 3400 Irvine Avenue, Suite 204, Newport Beach, owner of property at 716 Shalimar Drive. Ed John, 2239 Pacific Avenue, Costa Mesa, owner of property in Site A. Carey Ward, 126 East 19th Street, Costa Mesa, representing the Board of Realtors, in addition to opposing the rezones because of property values being affected, asked that the rezones be delayed four to six weeks for further study. Chris Thompson, 520 Tenth Street, Huntington Beach, representing Ms. Pina Carpentieri, owner of property at 1862 Placentia Avenue, Site S. Tom Gullo, 17220 Newhope Street, Fountain Valley, real estate broker, owner of property in the affected area, and representing several other unnamed property owners. Michael Kilbourri;�� owner of property at 1798 Anaheim Avenue, Costa Mesa, and representing Jim Davies and Mrs. Ward, owners of properties at 1780 and 1776 Anaheim Avenue, respectively, located in Site W. Hutch Hutchinson, Success Properties, 3069 Madison Avenue, Costa Mesa, representing owners of properties in Site M. Tim Cavanaugh, owner of property at 977 West 19th Street, Site M, at which he operates a radiator shop. Iwao Koga, owner of property at 983 West 19th Street, Site M, in addition to opposing the rezones, informed Council that he bought the property from the County "as is", and now the City says the structures are illegal. Mayor Genis suggested that Mr. Koga work with the Planning Department to resolve this problem. Charles Markel, 2851 Club House Road, Costa Mesa, owner of property at 577 and 581 Park Drive, Area W. John Davies, owner of property at 1778 Crestmont Place. Charles Gilmore, 9511 Orient Drive, Huntington Beach, owner of property at 651-653 West Wilson Street, Site D. Ed Fawcett, Costa Mesa Chamber of Commerce. Roger Turner, 280 Cagney Lane; Newport Beach, owner of property at 1761 Pomona Avenue. Steven McNash, 2292 Canyon Drive, Costa Mesa, owner of property at 2278 and 2146 Newport Boulevard, and 118 Albert Street, spoke against downzoning these sites; however, it was determined that his properties were not in Planning Area 1. The Deputy City Manager/Development Services advised Mr. McNash that his properties are in Planning Area 3 which will probably be addressed at the Council meeting of January 4, 1993. In response to a remark by Joseph Acone, Council Member Erickson stated that as far as he knows, the City does not intend to take Mr. Acone's property at 716 Shalimar Drive for redevelopment purposes since the site is not in the redevelopment area. Council Member Buffa had serious concerns about the rezones affecting the assets of the property owners. He agreed with Mr. 'Ward's suggestion to form a committee, and recommended allowing staff 30 days to find alternatives. The Deputy City Manager/Development Services reminded Council that State law requires that zoning conform to the General Plan land use designations. The City Attorney reported that Council has only two j choices: either amend the General Plan, or rezone in accordance with the General Plan within one year. Addressing a comment made earlier by Thomas Gullo, Council Member Erickson stated that Council is not reducing densities in some areas of the City in order to increase them in other areas. Council Members Erickson and Hornbuckle were opposed to rewriting the General Plan. MOTION A motion was made by Vice Mayor Humphrey, seconded by Ordinance 92-25 i Council Member Erickson, to give first reading to Ordinance 92-25, Given First Reading j AN ORDINANCE OF THE CITY COUNCIL OF THE CITY for All Sites Except OF COSTA MESA, CALIFORNIA, CHANGING THE Sites C through G ZONING OF PROPERTIES IN SITES A, B, AND H and Site X !THROUGH W, LOCATED IN GENERAL PLAN PLANNING AREA NUMBER ONE, TO ZONING CONSISTENT WITH THE 1990 GENERAL PLAN, BY ADOPTION OF REZONE PETITION R-92-07, per the recommendations contained in the j Agenda Report dated November 18, 1992. The Deputy City Manager/Development Services reported that Site X must be ! renoticed and a public hearing will be scheduled shortly. Mayor Genis commented that when the City had the land appraisals done in conformance with the park dedication ordinance, the value of the land alone for the various residential densities did not vary that much on a per -acre basis, and as a matter of fact, the RI was actually worth more than the others on a per -acre basis. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Erickson NOES: Buffa ABSENT: None MOTION Ordinance 92-26 Given First Reading for Sites C through G RECESS A motion was made by Council Member Erickson, seconded by Vice Mayor Humphrey, to give first reading to Ordinance 92-26, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTIES IN SITES C THROUGH G, LOCATED IN GENERAL PLAN PLANNING AREA NUMBER ONE, TO ZONING CONSISTENT WITH THE 1990 GENERAL PLAN, BY ADOPTION OF REZONE PETITION R-92-07, per staff s recommendations. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Erickson NOES: Buffa ABSENT: None ABSTAIN: Hornbuckle Council Member Hornbuckle suggested that if members of the Board of Realtors have suggestions for Council, they should come forward with them prior to the Council meeting of December 21, 1992, at which time these ordinances will be adopted. She also welcomed any recommendations they may have for other rezones coming up in the near future. The Mayor declared a recess at 8:35 p.m., and she reconvened the meeting at 8:50 p.m. CITY MANAGER'S The next item was taken out of order. The City Manager presented REPORT a Master Joint Use Agreement with the Newport -Mesa Unified School District for mutual use of facilities. He briefly reviewed the Joint Use Agreement terms of the agreement: length and commencement of the contract; with Newport -Mesa maintenance and scheduling responsibilities; and the sites to be used Unified School which are shown on Exhibit "A" of the agreement. The City District Manager reported that Site Specific Agreements are being developed to bring the sites up to an improved level of development over a period of time,, and within financial limitations. In response to Council Member Hornbuckle's request for clarification of the length of the agreement; the City Attorney explained that the agreement is for 10 -years, with a 5 -year renewal period, and notice of termination must be given 2 years in advance of the renewal period or the agreement will automatically renew. Council Member Erickson had concerns about scheduling Little League games at the ' Costa Mesa High School facilities. He understood that high school athletics come first; however, he felt that it was very important that Little League teams have long-term access to the fields. He asked for clarification of Item E, Page 3 of the agreement, which requires an Annual Facilities Use Permit for use of high school facilities. Forrest Werner, Board of Education, Newport -Mesa Unified School District, explained that each year, high schools must prepare a master calendar for all. their activities for the 12 -month period, and those activities do not fall on the same date every year. He pointed out that the master calendar for the following year is completed before the end of the previous school year, and a copy would be made available. to the Little League organization so its games can be scheduled. Responding to another inquiry from Council Member Erickson regarding Item 5-11 on Page 2 of the agreement, Scheduling Use of Facilities, Mr. Werner stated that total use time will not be affected, only specific dates will change from year to year. Michael Dunn, 2755 Gannet Drive, Costa Mesa, representing various youth sports organizations, expressed his appreciation to Council, the School District Board, and staff for their efforts on this project, and expressed his hope that the Site Specific Agreements will come to fruition. MOTION A motion was made by Vice Mayor Humphrey, seconded by Agreement Approved Council Member Hornbuckle, to approve the agreement per the Agenda report dated December 2, 1992. AMENDED At the request of Council -Member Erickson, Vice Mayor Humphrey MOTION amended his motion to include a direction to the City Manager to Added a Direction to work with the School District. on Site Specific Agreements and/or the City Manager the Joint Use Agreement regarding the schedules addressed by Mr. Werner. The amended motion was seconded by Council Member Hornbuckle, and carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented Bid Item 948, Bus Shelter Advertising, Bid Item 948 and an Exclusive Franchise Agreement with Target Media, 1223 Bus Shelter North Tustin Avenue, Anaheim. The bids are on file in the City Advertising Clerk's office. 5 xA39 MOTION/Authorized Contract Negotiations with Target Media Purchasing Agent Anita Bell summarized the Agenda Report dated November 25, 1992, stating that three bids were received, and the submittals were reviewed by an evaluation team and rated on 10 factors detailed in the aforementioned report. She recommended that the contract be awarded to Target Media, Anaheim. Council Member Hornbuckle asked about the disposition of the shelters should the contractor be found in default of the agreement, or if the agreement were terminated. The City Attorney responded that in the case of default, the City would assume maintenance of the shelters and charge the contractor; on the other hand, if the contractor terminated the agreement, the contract provides that the shelters would have to be removed and the site returned to its original condition. Mayor Genis asked about the dollar amount a typical shelter would generate. The Purchasing Agent stated that this information was not requested in the proposal, but possibly the vendor could answer that question. Richard Wannenmacher, Gannett Outdoor Advertising, 1731 Workman Street, Los Angeles, distributed a fact sheet about Gannett, and a chart comparing Gannett's guaranteed annual revenue to the City to that of Target Media's. He proceeded to summarize the data contained in the hand-outs, asserting that over a 10 -year period, the City would receive $90,633.93 more from Gannett than it would from Target. Responding to questions from Council, Mr. Wannenmacher reported that in those cities in which Gannett has bus shelters, it has consistently exceeded the guaranteed minimum revenue. Council Member Erickson noted that Target Media would be compensating the City 18 percent of gross advertising revenue while Gannett quoted only 12 percent. Anna Rasmussen, General Manager of Target Media, 1223 North Tustin Avenue, Anaheim, addressing a question posed by Mayor Genis, referred to Page 15 of Target's proposal, and conservatively estimated 18 percent of an amount less than the company's average to be approximately $11,500.00 over a five-year period. She noted that in the City of Orange, Target's first payment exceeded expectations. In response to Council Member Hornbuckle's inquiry regarding radio advertising time, Ms. Rasmussen reported that during the first year, Target offers $25,000.00 of radio time to the City for promotional purposes. She also explained that the 30 -Panel Display Program is available throughout the life of the contract. Janet Dickerson, 498 Sturgeon Drive, Costa Mesa, was concerned that some of the advertisement may be unacceptable in appearance and distracting to motorists. The City Attorney responded that the Vehicle Code prohibits placing anything on the shelters which would impact traffic flow or would cause a traffic hazard; the Municipal Code places restrictions on pornography, tobacco and alcohol products, etc.; and if those restrictions are not adequate, more can be added to the agreement. The City Attorney reported that the agreement submitted to Council is a "final draft" only, and any amendments requested by Council will be contained in the final document. Council Member Buffa made a motion, seconded by Vice Mayor Humphrey, concurring with staff's recommendation in pursuing an agreement with Target Media, to be done on a negotiated basis with 1 1 the inclusion of a minimum prepayment of $70,000.00, which reflects the offer, from. Gannett of $69,828.00, and stipulating that if the contract with Target Media does not materialize, Gannett's proposal shall be considered. The motion carried by the following roll call vote: - AYES: Genis,'Humphrey, Hornbuckle, Buffa, Erickson NOES:, None, ABSENT: None Council Member Hornbuckle expressed her opposition to bus shelter advertising, but she agreed with this proposal simply because she recognized the cost to the City for maintenance of the bus shelters which now will _ be the responsibility of the contractor, and the advertising will bring additional revenues to the City. The City Manager asked if Council intended that staff negotiate the contract per the motion and bring it back for final Council approval, or was it Council's intention to authorize the Mayor to execute the agreement after completion of negotiations. Council agreed that the Mayor should sign the agreement after Council has been notified that the contract has been finalized per their direction. MOTION A motion was made by Council Member Buffa, seconded by Vice Mayor Authorized to Mayor Humphrey, and carried 5-0, authorizing the Mayor to execute Execute Agreement the agreement after Council has reviewed the final document, to ensure that Council's directives have been included. NEW BUSINESS The City Clerk presented the Intermodal Surface Transportation ISTEA Projects Efficiency Act (ISTEA) projects: Resolution authorizing the execution of State supplements between the City and the Department of Transportation. Service agreements with the State Department of Transportation for the following ISTEA projects: (1) Fairview Road from Baker Street to the I-405 Freeway, STPLN-5312(001); (2) Adams Avenue from Placentia Avenue to Fairview Road, STPLN- 5312(002); (3) Placentia Avenue from Wilson Street to Adams Avenue, STPL-5312(003); (4) Newport Boulevard from 19th Street to Bristol Street, STPLN-5312(004); (5) Victoria Street from Harbor Boulevard to Newport Boulevard., STPL-5312(005); (6) Wilson Street between Placentia Avenue and Pacific Avenue, STPL-5312(006); (7) Fairview Road/I-405 Freeway to Sunflower Avenue, STPLN-5312(007). Street rehabilitation on Fairview Road from Baker Street to Sunflower Avenue, Project No. 92-14, Federal and ISTEA Project Nos. STPLN-5312(001) and STPLN-5312(007). Street rehabilitation on Placentia Avenue from Wilson Street to Adams Avenue; and on Wilson Street from Pacific Avenue to Placentia Avenue,. Project No. 92-15, Federal and ISTEA Project Nos. STPL-5312(003) and STPL-5312(006). Street rehabilitation on Victoria Street from Newport Boulevard to Harbor Boulevard, Project No. 92-16, Federal and ISTEA Project No. STPL-5312(005). t-142. Street rehabilitation on Adams Avenue, Placentia Avenue to Royal Palm Drive, and Peterson Place to Fairview Road, Project No. 92-17, Federal and'ISTEA Project No. STPLN-5312(002). Street rehabilitation on Newport Boulevard from Bristol Street to 19th Street, Project No. 92-18, Federal and ISTEA Project No. STPLN-5312(004)., Agreement with Cordoba Corporation, 811 Wilshire Boulevard, 18th Floor, Los Angeles, for $24,990.00, to provide labor compliance services for the seven ISTEA projects. Agreement with Geofon, Incorporated, 5552 Cerritos Avenue, Suite B, Cerritos, for $116,000.00, to provide construction testing services for the seven ISTEA projects. Agreement with Centennial Civil Engineers, Incorporated, 17300 Red Hill Avenue, Suite 200, Irvine, for $400,000.00, to provide construction inspection and surveying services for the seven ISTEA projects. Council Member Hornbuckle announced that she would abstain from voting on the service agreements for Placentia Avenue and Wilson Street, and street rehabilitation on Placentia Avenue and Wilson Street because of the proximity to her home. Council Member Buffa announced that he would not be voting on the agreement with Centennial Civil Engineers, Incorporated, to provide construction inspection and survey services for the projects. The Public Services Director reviewed the Agenda Report dated November 24, 1992, and specifically addressed Exhibit "A" on Page 54, a summary of the total cost of the project, and a breakdown of the funding sources: $6,989,071.40 Federal; $154,670.69 Orange County Arterial Highway Financing Program; $757,695.79 City; and $343,750.00 CALTRANS; for a total of $8,245,187.88. The Director reported that all contracts and agreements must be approved contingent upon final, written approval by the California Department of Transportation (CALTRANS). MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Resolution 92-103 Hornbuckle, Resolution 92-103, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF SUPPLEMENTS 009, 010, 011, 012, 013, 014, AND 015, TO THE MASTER AGREEMENT BETWEEN STATE DEPARTMENT OF TRANSPORTATION AND CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None MOTION I A motion was made by Vice Mayor Humphrey, seconded by Approved Agreements Council Member Buffa, approving the following service agreements with the State for I with the State Department of Transportation, and authorizing the Fairview, Adams, Mayor to sign the documents on behalf of the City: Fairview Road Newport, Victoria, from Baker Street to the I-405 Freeway, STPLN-5312(001); Adams and Fairview/I-405 Avenue from Placentia Avenue to Fairview Road, STPLN- 5312(002); Newport Boulevard from 19th Street to Bristol Street, STPLN-5312(004); Victoria Street from Harbor Boulevard to j Newport Boulevard, STPL-5312(005); Fairview Road/I-405 Freeway 11 to Sunflower Avenue, STPLN-5312(007)., The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None MOTION A motion was made by Vice Mayor Humphrey, seconded by Approved Agreements Council Member Buffa, approving the following service agreements with the State for with the State Department of Transportation, and authorizing the Placentia Avenue Mayor -to sign the documents on behalf of the City: Placentia and Wilson Street Avenue from Wilson Street to Adams Avenue, STPL-5312(003); and Wilson Street between Placentia Avenue and Pacific Avenue, STPL- 5312(006). The motion carried by the following roll call vote: AYES: Genis, Humphrey, Buffa, Erickson NOES: None ABSENT: None ABSTAIN: Hornbuckle MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Fairview Road Project Hornbuckle, the contract for Street Rehabilitation on Fairview Road No. j92-14 Awarded from Baker Street to Sunflower Avenue, Project No. 92-14, Federal to Boral Resources and ISTEA Project Nos. STPLN-5312(001) and STPLN-5312(007), was awarded to Boral Resources, Incorporated, 1301 East Lexington Avenue, Pomona, for $778,586.88, contingent upon final, written approval by CALTRANS. The motion carried by the following roll j call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None MOTION Placentia Avenue and Wilson Street Project No. 92-15 Awarded to Sully -Miller MOTION Victoria Street Project No. i92-16, Adams Avenue Project No. 92-17, and Newport Boulevard Project No. • 92-18 Awarded to Excel Paving, Sully -Miller, and Boral Resources, Respectively On motion by Vice Mayor Humphrey, seconded by Council Member Buffa, -the following action was taken for Street Rehabilitation on Placentia Avenue from Wilson Street to Adams Avenue and on Wilson Street from Pacific Avenue to Placentia Avenue, Project No. 92-15, Federal and ISTEA Project Nos. STPL-5312(003) and STPL- 5312(006): Relieve Shawnan Corporation of its bid proposal pursuant to the Public Contract Code; award the contract to Sully - Miller Contracting Company, 6145 Santiago Canyon Road, Orange, for $1,857,488.30, contingent upon final, written approval by CALTRANS; and authorize staff and the contractor to perform the necessary work on City -owned property adjoining Placentia Avenue. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Buffa, Erickson NOES: None ABSENT: None ABSTAIN: Hornbuckle On motion by Vice, Mayor Humphrey, seconded by Council Member Hornbuckle, the following action was taken: Street Rehabilitation. on Victoria Street from Newport Boulevard to Harbor Boulevard, Project No. 92-16, Federal and ISTEA Project No. STPL-5312(005), was awarded to Excel Paving Company, 2230 Lemon Avenue, Long Beach, for $666,949.90, contingent upon final, written approval by CALTRANS. Street Rehabilitation on Adams Avenue from Placentia Avenue to Royal Palm Drive, and from Peterson Place to Fairview Road, Project No. 92-17, Federal and ISTEA Project No. STPLN- MOTION Approved Agreements with Cordoba and Geofon for Labor Compliance Services and Construction Testing Services, Respectively - MOTION Approved Agreement with Centennial Civil Engineers for Construction Inspection and Surveying Services NEW BUSINESS Request for GPA" Screening from Massen ' 5312(002), was awarded to Sully -Miller Contracting Company, 6145 Santiago Canyon Drive, Orange, for $724,428.25, contingent upon final, written approval by CALTRANS. Street Rehabilitation on Newport Boulevard from Bristol Street to 19th Street, Project No. 92-18, Federal and ISTEA Project No. STPLN-5312(004), was awarded to Boral Resources, Incorpor- ated, 1301 East Lexington Avenue, Pomona, for $3,628,744.55, contingent upon final, written approval by CALTRANS. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hor-nbuckle, Buffa, Erickson NOES: None ABSENT: None On motion by Vice Mayor Humphrey, seconded by Council Member Hornbuckle, the following action was taken: Agreement with Cordoba Corporation, 811 Wilshire Boulevard, 18th Floor, Los Angeles, for $24,990.00, to provide labor compliance services for the seven ISTEA projects, was approved contingent upon final, written approval by CALTRANS, and the Mayor and City Clerk were authorized to sign on behalf of the City. Agreement with Geofon, Incorporated, 5552 Cerritos Avenue, Suite B, Cerritos, for $116,000:00, to provide construction testing services for the seven ISTEA projects, was approved contingent upon final, written approval by CALTRANS, 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: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None A motion was made by Vice Mayor Humphrey, seconded by Council Member Hornbuckle, an agreement with Centennial Civil Engineers, Incorporated, 17300 Red Hill Avenue, Suite 200, Irvine, for $400,000.00, to provide construction inspection and survey services for the seven ISTEA projects, was approved contingent upon final, written approval by CALTRANS, 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: Genis, Humphrey, Hornbuckle, Erickson NOES: None ABSENT: None ABSTAIN: Buffa The City Clerk presented a request for General Plan Amendment screening from Richard Massen, 770 Hillcrest Drive, No. 13, Laguna Beach, to change the land use designation of property at 1721, 1727, and 1733 Fullerton Avenue from High Density Residential to Commercial. The Deputy City Manager/Development Services summarized the Agenda Report_ of November 24, 1992, and recommended that Council direct staff to initiate the General Plan Amendment which 1 would correct the inconsistency between the zoning and General Plan designation of the properties. Roger Grable, 611 Anton Boulevard, Costa Mesa, representing the applicant, agreed with staff s recommendation to proceed with a General Plan Amendment for the site. MOTION A motion was made by Council Member Hornbuckle, seconded by Approved Processing Council Member Erickson, directing staff to forego the proposed of GPA rezone to residential and to include the site in .the General Plan clean-up amendment to be processed in early 1993. Mayor Genis commented that the General Plan provides for commercial uses in the residential area if the project does not generate additional traffic. In this regard, she requested staff to explore not only the additional development that could be allowed on Cabrillo Street, thereby creating greater impacts on the residential development across the street, but also the possibility of leaving this in residential, and developing some other zone that would provide for the continued parking use or a use that would not generate any more traffic than a residential use at this site. Mayor Genis stated that based upon the General Plan, the City will have to adopt a zone that provides for that. The motion carried 5-0. NEW BUSINESS The City Clerk presented a request to appoint a representative to the Appointment to Orange County Vector Control District. The City Manager referred Vector Control to the Agenda Report dated December 1, 1992, outlining the options District for the appointment. MOTION On motion by Council Member Buffa, seconded by Vice Mayor William Bandaruk Humphrey, and carried 5-0, William Bandaruk was re -appointed to Re -appointed the Vector Control District for a four-year term. NEW BUSINESS The City Clerk presented a resolution adopting trip generation rates Trip Generation to be used for implementation of the 1990 General Plan. The Rates Deputy City Manager/Development Services gave a brief review of the Agenda Report of November 24, 1992, stating that to implement the recently adopted 1990 General Plan, there is a need to adopt a series of consistent trip generation rates which are applied to every land use allowed in the City. He recommended adopting the proposed resolution which would adopt the 4th Edition of the Institute of Transportation Engineers (ITE) "Trip Generation Manual". MOTION On motion by Council Member Hornbuckle, seconded by Vice Resolution 92-104 Mayor Humphrey, Resolution 92-104, A RESOLUTION OF THE Adopted CITY COUNCIL, OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING TRIP GENERATION RATES TO BE USED FOR IMPLEMENTATION OF THE 1990 GENERAL PLAN, was adopted by the following roll call vote: AYES: Genis, , Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented City Attorney's Report No. 92-80, and an Council Salaries ordinance amending Section 2-21 of the Costa Mesa Municipal Code pertaining to City Council salaries. The City Attorney reported that the ordinance reflects that the current statutory limit on City Council salaries can be reduced by resolution; and this ordinance will bring the Municipal Code into compliance with Council's earlier resolution reducing salaries from $690.00 to $520.00 per month. MOTION On motion by Council Member Buffa, seconded Council Member Ordinance 92-27 Hornbuckle, Ordinance 92-27, AN ORDINANCE OF THE CITY Given First Reading , COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 1 AMENDING SECTION 2-21 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO SALARIES OF CITY COUNCIL, was given first reading and passed to second reading by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None NEW.BUSINESS The City Clerk presented City Attorney's Report No. 92-82 and a Handicap Access proposed ordinance adding Chapter VII to Title 5 of the Costa Mesa Municipal Code pertaining to handicap access. The City Attorney reported that the ordinance expresses City Council's intent to comply with the California handicap access requirements. He noted that he had included Federal requirements also; however, upon further research, it was his opinion that adding language concerning Federal handicap access requirements is excessive in that the City does not have to enforce those provisions. In view of this information, the City Attorney recommended deleting the words "and Federal" from the last line of Subsection 1(a) and from the next to last line in Subsection 1(b). MOTION On motion by Vice Mayor Humphrey, second by Council Member Ordinance 92-28 Hornbuckle, Ordinance 92-28, AN ORDINANCE OF THE CITY Given First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER VII TO TITLE 5 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO HANDICAP ACCESS, with deletion of the words "and Federal" in Subsections 1(a) and 1(b), was given first reading and passed to second reading by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented an ordinance adding Section 12-54 to the Skateboarding and Costa Mesa Municipal Code prohibiting skateboarding and roller - Roller -skating skating on City property. The City Attorney reported that the ordinance was prepared at the request of the Community Services Department to prohibit these activities in certain areas of public property where there are grades in excess of six percent, and locations deemed to be hazardous. He also advised that the prohibited areas would be posted. After discussion on possible hazardous locations, the City Attorney commented that the ordinance merely enables Council to institute a ban, and that specific locations I will be addressed in a later resolution. Council Member Erickson asked if a site could be found for skateboarding under the joint use agreement with the School District. The City Manager responded that this issue can be brought up during Site Specific Agreement discussions. Paul Mitchell, 398 West Wilson Street, Apt. E-211, Costa Mesa, was opposed to the ban. Motion Died for Lack A motion was made by Council Member Hornbuckle to give first of a Second reading to the ordinance. The motion died for lack of a second. 1 MOTION A motion was made by Council Member Buffa, seconded by Council Table Ordinance Member Erickson, to table this ordinance indefinitely. Council Member Erickson suggested that the City Attorney research methods of making skateboarders, roller -skaters, or anyone else who commits vandalism or does harm, liable for their actions. In addition, he wanted these activities considered in the agreements with the School District, and a recommendation on alternate sites. SUBSTITUTE Council Member Hornbuckle and Vice Mayor Humphrey felt that MOTION some sort of regulation is needed, especially as it affects liability to Continued to the City. Vice Mayor Humphrey made a substitute -motion, February 1, 1993 seconded by Council Member Hornbuckle, to continue this item for 60 days (February 1, 1993), look for creative, alternative solutions, and possibly get the skateboarding and roller-skating community involved. The motion carried 3-2, Council Members Buffa and Erickson voting no. NEW BUSINESS The City Clerk presented an ordinance adding Section 12-54 to the Amplified Sound Costa Mesa Municipal Code pertaining to amplified sound systems Systems in Public in public parks. The City Attorney reported that the ordinance was Parks prepared at the request of the Community Services Department based on repeated complaints. He explained that the ordinance prohibits anyone from setting up an amplified sound system without a permit, except for battery -powered bullhorn type sound systems which are normally used during daylight hours for sports activities. Council Member Buffa asked about the number and types of complaints that have been received. The City Attorney responded that the people using the systems are usually those having large parties in the park. The City Manager mentioned that a few months ago, Council was addressed by a number of homeowners in the Mesa del Mar area regarding amplified music at TeWinkle Park. In that situation, a permit had been obtained for use of the park but staff was assured that there would be no amplified music; however, there was an amplified system used and staff had no means of discontinuing that activity. The City Manager reported that there also have been complaints about noise from the Lions Club Fish Fry. He felt there should be some control over amplified sound systems. After discussion on the permit process and possibly utilizing the law against "disturbing the peace", the City Manager suggested a 30 -day continuance so this issue could be discussed. with the Parks, Recreation Facilities and Parkways Commission. He also recommended that the Commission and, the. Community Services staff provide an operational definition and method of enforcement for a "disturbing the peace" action so a comparison can be made with the proposed ordinance. Jean Brown, 951 Presidio Drive, Costa Mesa, reported on a picnic held in TeWinkle park at which large speakers were set up within 200 feet of her residence and music played all day long at full volume. She also mentioned that there is a large group who hold picnics at night, and since there is an electrical outlet available, they f connect their amplifiers and play music until 10:00 p.m. Ms. Brown stated that the police informed her that there was no ordinance allowing the police to have the music turned off, and was told that she would have to make a citizen's arrest. Council Member Hornbuckle commented that part of the problem seems to be that there are two types of permits, one being the permit MOTION Continued to January 4, 1993 MOTION Report Requested RECESS NEW BUSINESS Metro Fire Station: Budget Adjustment No. 93-13, Change Order No. 1, and Change Order "D" MOTION Budget Adjustment and Change Orders Approved NEW BUSINESS Permits for Certain Activities in Public Parks addressed in the proposed ordinance which would specifically allow amplified sound systems, and the other being the permit currently issued for use of the park only. She commented that the latter permit does not seem to be clear enough to the people who receive them. A motion was made by Council Member Hornbuckle, seconded by Council Member Erickson, and carried 5-0, to continue this item for 30 days (January 4, 1993). A motion was made by Council Member Buffa, seconded by Vice Mayor Humphrey, and carried 5-0, requesting a report from the Police Department through the City Manager's office regarding this issue, late-night use of parks, amplification systems in parks, as well as reckless skateboarding and roller-skating, the type of enforcement available, and, coordinate that with the City Attorney. Council Member Buffa wanted to know the current laws, and what can be done in the future, because if someone is in the park late at night using amplified sound, something must be done to prevent it. The Mayor declared a recess at 10:55 p.m. and she reconvened the meeting at 11:05 p.m. The next item was taken out of order. The City Clerk presented items in connection with the Metro Fire Station construction project: (1) Budget Adjustment No. 93-13. for $105,000.00 from the Finance Authority Construction Fund for continued construction of the station; (2) Change Order No. 1 for $21,175.00 to the contract with Beam & Associates, 3745 West Chapman Avenue, Suite 203, Orange; and (3) Change Order "D" for $11,500.00 to the contract with SGPA Architecture and Planning, 1565 Hotel Circle South, San Diego. The City Manager reviewed the Agenda Report dated November 30, 1992, reporting that the two change orders are a direct result of the bankruptcy of The Edwards Group, the original contractor who failed to complete the project. He noted that the City is holding $80,000.00 in retention money from The Edwards Group which he hopes to access in order to pay for these change orders. He stated that the budget adjustment covers not only these two contracts but that which will be required to complete the project. In conclusion, the City Manager reported that he expected completion and dedication of the project to occur in February, 1993. On motion by Council Member Hornbuckle, seconded by Vice Mayor Humphrey, the budget adjustment and two change orders were approved by the following roll call vote: -AYES:. Genis, Humphrey, Hornbuckle Buffa, Erickson NOES: None ABSENT: None The City Clerk presented a proposed ordinance establishing a permit process for vending merchandise, wrestling contests, amusements, shows, and concerts in public parks. The City Attorney reported that this is a clean-up ordinance recommended by the Community Services Department in its Agenda Report dated November 23, 1992. He pointed out that the Code now requires a permit for these activities; however, no permit process is spelled out. 1 I' MOTION After brief discussion, a motion was made by Council Member Continued to Hornbuckle, seconded by Council Member Erickson, and carried 5 - January 4, 1993 0, to continue this item for 30 days (January 4, 1993), and to refer it to the Parks, Recreation Facilities and Parkways Commission for review. NEW BUSINESS The City Clerk presented an ordinance amending Section 3-52 of the Impounding Animals Costa Mesa Municipal Code pertaining to animal impoundment by Animal Control Officers. The City Attorney stated that the ordinance, presented on behalf of the Police Department, more accurately defines the conditions by which an Animal Control Officer may take ananimal into custody. He pointed out that the amendment is modeled after provisions utilized by the County of Orange. In reference to. Section 3-52, Subsection (b), Mayor Genis suggested placing a comma after the word "large" so it would read: "Animals running at large, contrary to the provisions of this Code or any statute". RResponding to Council Member Hornbuckle's question regarding noisy animals, the City Attorney confirmed that it is addressed in Subsection (e). MOTION A motion was made by Council Member Hornbuckle, seconded by Ordinance 92-29 Council Member Erickson, to give first reading to Ordinance 92-29, Given First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 3-52 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE IMPOUNDMENT OF ANIMALS, including an amendment in Sub- section (b) by placing a comma after the word "large". Mayor Genis asked if there were an appeal process after an officer has decided that an animal needs to be impounded for being too noisy. The City Attorney responded that under the Municipal Code, anytime an employee makes a decision, it can be appealed. Mayor Genis was concerned about unclaimed, impounded animals being put to sleep after a certain number of days. Council Member Buffa believed that the City of Los Angeles has an extensive check list that the Animal Control Officers use to determine if an animal is troublesome, and not merely a case of a disgruntled neighbor filing a single complaint. The motion to give the ordinance first reading carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None Mayor Genis hoped that the City would obtain some good safeguards against animals being destroyed unnecessarily. NEW BUSINESS The City Clerk presented a tentative agreement with the Costa Mesa Tentative Agreement Police Association (CMPA) for one year, ending July, 1993. The with Police Associa- Personnel Services Director Steve Hayman reviewed his Agenda tion Report of November-. 30, 1992, stating that the agreement maintains those provisions that currently exist, noting that there is no change in compensation. ' He reported that the agreement includes implementation of a Drug Testing Policy which was developed jointly between the employees and Department Management, and reviewed by legal counsel; and also includes creation of a supplemental retirement vehicle which, in effect, exchanges future salary increases for an increased retirement benefit. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Agreement Approved Humphrey, and carried 5-0, the tentative agreement was approved as outlined in the Agenda Report. CITY ATTORNEY REPORTS/Request for Closed Session: Overhead Door; Sweer/Wickline; and Tim Green COUNCIL COMMENTS Council Members Commended John Wayne Airport Access Plan Cable TV Committee Request Newport Harbor High Football Team Political Signs Women Mayors Mayor Thanked Outgoing Mayor for Her Assistance Costa Mesa High Water Polo Team Council and Staff Commended The City Attorney requested a closed session pursuant . to Government Code Section 54956.9(a) to discuss the following items: Overhead Door Company of Saddleback Valley, etc. v. City of Costa Mesa, et al., Orange County Harbor Municipal Court Case No. -92C3031; Marijane Sweer and Blaine Douglas Wickline v. City of Costa Mesa, Roland Lee Miner, Cross -Defendants C. J. Segerstrom & Sons and Roland Lee Miner, Orange County Superior Court Case No. 69-72-20; and Tim Green v. Orville Amburgey, et al., Orange County Superior Court Case No. 63-93-04. Mayor Genis announced that closed session would be held after completion of regular business. . Council Members Erickson, Buffa, and Hornbuckle congratulated Mayor Genis and Vice Mayor Humphrey on being elected to their new positions. Council Member Hornbuckle was commended on her excellent work during her two-year term as Mayor. Vice Mayor Humphrey and Council Member Buffa congratulated Mayor Genis, Council Member Erickson, and Council Member Hornbuckle on being elected for four-year terms during the recent General Municipal Election. Council Member Erickson announced that a Notice of Intent to Prepare a Draft Environmental Impact Report (EIR) for the John Wayne Airport Access Study was sent out November 10, 1992. He felt it was very important that the City of Costa Mesa pays as much attention to this issue as the City of Newport Beach and other jurisdictions. He asked staff to carefully review the entire EIR process since it could affect a large portion of this City. - , Council Member Erickson made an announcement for the Cable Television Committee, to which he is the Council liaison: Realizing that grants are not being given out at this time, the committee is encouraging the public to submit videos for committee review. He also reported that the Cable Television Committee will be advertising for non -paid -for films for cable television. Council Member Erickson congratulated the Newport Harbor High School football team for winning the game last Friday night, and as a result, will play in the CIF championship next Saturday at Orange Coast College. He mentioned that many Costa Mesa students attend Newport Harbor High and extended best wishes to the football team in the upcoming playoff game. " Council Member Humphrey commented on the many political signs still remaining in the City, and urged staff to remove them. Council Member Buffa noted that the cities of Costa Mesa, Fountain Valley, and Huntington Beach have women mayors. Mayor Genis thanked , outgoing Mayor, Council Member Hornbuckle, for all the notes she passed to her this evening, reminding her of all the things mayors have to do during a meeting. Mayor Genis congratulated the Costa Mesa High School Water Polo team on their fine performance. Council Member Hornbuckle thanked Council and staff for their - support during her term as Mayor. South Coast Plaza Council Member Hornbuckle complimented the Segerstrom Family Tree Lighting and South Coast. Plaza for their tree -lighting event. She also expressed her pleasure with. the new pedestrian bridge. ADJOURNMENT TO At 11:40 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the items which were announced by the City Attorney. MEETING The Mayor reconvened the meeting at 11:48 p.m., and the City RECONVENED Attorney announced the action taken during closed session. Overhead Door v. By a vote of 5-0, Council granted James Richey's request for City of -Costa Mesa defense under Government Code Section 995.2 in the matter of Overhead Door Company of Saddleback Valley, etc. v. City of MOTION/Granted Costa Mesa, Orange County Harbor Municipal Court Case No. Request for Defense 92C3031. Sweer and Wickline The City Attorney gave a status report regarding Marijane Sweer v. City of Costa and Blaine Douglas Wickline v. City of Costa Mesa, Roland Lee Mesa, etc. Miner, Cross -Defendants C. J. Segerstrom & Sons and Roland Lee Miner, Orange County Superior Court Case No. 69-72-20. Tim Green v. Orville By a vote of 5-0., Council found a specific conflict of interest exists Amburgey, et al. pursuant -to Government Code Section 995.2 between the economic interests of the City and Orville Amburgey because the City has MOTION/Found that agreed to settle the claims with Tim Green on behalf of the City; Conflict of Interest and Mr. Amburgey, in his official capacity and by letter dated Exists November 18, 1992, opposes the settlement. MOTION/City By a vote of 5-0, Council directed the City Attorney to notify Mr. Attorney Given Amburgey that as of the date of November 18, 1992, the City will Directions no longer pay for Mr. Amburgey's defense costs. ADJOURNMENT The Mayor declared the meeting adjourned at 11:50 p.m. Mayor of the City of Costa Mesa ATTEST: ty Clerk of the City of Costa Mes