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HomeMy WebLinkAbout12/21/1992 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 21, 1992 The City Council of the City of Costa Mesa, California, met in regular session December 21, 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 R. Steven Jenks, Presbyterian Church of the Covenant of Costa Mesa. ROLL CALL Council Members Present: Mayor Sandra Genis Vice Mayor Jay Humphrey Council Member Mary Hornbuckle Council Member Peter Buffa Council Member Joe Erickson Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris City Clerk Eileen Phinney MINUTES On motion by Council Member Buffa, seconded by Council Member December 7, 1992 Erickson, and carried 5-0, the minutes of the regular meeting of December 7, 1992, were approved. ORDINANCES A motion was made by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, to read all ordinances by title only. ORAL COMMUNI- Kevin Austin, 854 West Wilson Street, Costa Mesa, suggested the CATIONS _ use of speed humps as a long-term solution to the speeding problem on West Wilson Street between Placentia Avenue and Pacific Speed Humps on Avenue. He stated the proposed speed humps could be installed Wilson Avenue during the street rehabilitation in this area which is scheduled for June, 1993. Council Member Hornbuckle suggested that Mr. Austin contact the Public Services Director for direction on placing this item before the Transportation Commission. Cable Rate Increase Nancy Palme, 1997 Kornat Drive, Costa Mesa, expressed her objection to the cable television rate increase, and asked Council to Resident of the Year review the contract, specifically regarding the increase in rates. She Recognition addressed the "Mesa Verde Resident of the Year" award previously presented to Lenora Sears by the Mesa Verde Homeowners Association in appreciation of her work in the fight against drug abuse, and presented her with a gift certificate from C. J. Segerstrom and Sons in recognition of her efforts. Ms. Sears expressed her thanks and distributed literature to Council regarding the program. CONSENT On motion by Council Member Buffa, seconded by Council Member CALENDAR Erickson, 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 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 Claims received by the City Clerk: Lori Lanning Benbow; John W. Jamison; Norma Laine; Eva Lease; Kim Thuyen Thi Nguyen; Paller and Goldstien; Lawrence D. and Shanna Trent; and State of California 32nd Agricultural District. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: Chezuka Duritza, doing Licenses business as Kings Inn, 720 Randolph Avenue; Chu Hui and Hui Micha Pak, doing business at 1727 Superior Avenue; and Tadashi Shirasi, doing business as Sushi Wave, 2075 Newport Boulevard. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was Purple Heart Thrift received from Purple Heart Veterans Rehabilitation Services, Stores 'Incorporated, doing business as Purple Heart Thrift Stores, 555 East 'Ocean Boulevard, Suite 225, Long Beach, by soliciting funds from MOTION December 22, 1992, to November 22, 1993. On motion by Council Permit Approved Member Buffa, seconded by Council Member Erickson, and carried 5-0, the permit was approved pursuant to Municipal Code Section 9-229. California Rescue Notice of Intention to Appeal or Solicit for Charitable Purpose was Center received from California Rescue Center, 11441 East Carson Street, Lakewood, by soliciting funds for a period of six months MOTION commencing on December 22, 1992. On motion by Council Permit Approved Member Buffa, seconded by Council Member Erickson, and carried 5-0, the permit was approved pursuant to Municipal Code Section 9-226. 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 MOTION/Hearings hearing on January 4, 1993, at 6:30 p.m., in the Council Chambers Set for January 4, of City Hall: 1993 Rezone Petition R-92-06, City of Costa Mesa, to rezone sites R-92-061 City of within Planning Area No. 4, to be consistent with the 1990 Costa Mesa General Plan. Environmental Determination: Environmental Impact Report (EIR) No. 1044 adopted for the 1990 General Plan. R-92-07, City of Rezone Petition R-92-07, City of Costa Mesa, to change the Costa Mesa zoning of Site X; Planning Area No. 1, located at 1736, 1738, 1740, and 1744 Anaheim Avenue, to be consistent with the 1990 General Plan. Environmental Determination: Environmental Impact Report (EIR) No. 1044 adopted for the 1990 General Plan. R-92-08, City of Rezone Petition R-92-08, City of Costa Mesa, to rezone parcels Costa Mesa within Planning Area No. 3, to be consistent with the 1990 General Plan. Environmental Determination: Environmental Impact Report (EIR) No. 1044 adopted for the 1990 General Plan. Regulation of Food An ordinance amending Title 13 of the Costa Mesa Municipal and Beverage Code relating -to the regulation of establishments where food or Establishments beverages are served. Environmental Determination: Exempt. Street Banners and An ordinance amending Title 5 of the Costa Mesa Municipal Sign Code Definitions Code regarding special event street banners. Environmental Determination: Exempt. Rainbow Express Certificate of Public Convenience and Necessity for Victor John Cab/Ashna Ashna, doing business as Rainbow Express Cab Company, 8811 Watson Street, No. 103, Cypress. WARRANTS On motion by Council Member Buffa, seconded by Council Member Erickson, Warrant Resolution 1535 for $1,366,673.85, and Payroll MOTION 9225 for $1,228,802.60, were approved by the following roll call Warrant 1535 and vote: Payroll 9225 AYES: Genis, Humphrey, Hornbuckle, Approved Buffa, Erickson NOES: None ABSENT: None ADMINISTRATIVE Bids received for Bid Item No. 950, Police Towing Services, are on ACTIONS file in the City Clerk's office. On motion by Council Member Bid Item No. 950, Buffa, seconded by Council Member Erickson, the contract for a Police Towing five-year period was awarded to G & W Towing, Incorporated, 965 Services West 18th Street, Costa Mesa, and Rushco Enterprises, Incorporated, doing business as Harbor Towing, 964 West 17th MOTION Street, Costa Mesa; the Franchise Agreements with G & W Towing, Awarded to G & Incorporated, and Harbor Towing, were approved, and the Mayor W Towing and and City Clerk were authorized to sign on behalf of the City. The Rushco Enterprises/ motion carried by the following roll call vote: Harbor Towing AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None Traffic Signal - Proposals received for Traffic Signal Maintenance Service are on file Maintenance Services in the Public Services Department. On motion by Council Member Buffa, seconded by Council Member Erickson, the contract was MOTION awarded to Computer Services Company, 2230 East Orangethorpe Awarded to Computer Avenue, Fullerton, for an annual estimated cost of $106,104.00. Services Company The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None Agreement No. The Public Services Director recommended approval of District 12-191 with Agreement No. 12-191, with the California Department of CALTRANS Transportation (CALTRANS), for the rehabilitation and relinquishment of Newport Boulevard. On motion by Council Rehabilitation and Member Buffa, seconded by Council Member Erickson, the Relinquishment of agreement was approved, and the Mayor and City Clerk were Newport Boulevard authorized to sign on behalf of the City. The motion carried by the following roll call vote: MOTION AYES: Genis, Humphrey, Hornbuckle, Agreement Approved Buffa, Erickson NOES: None ABSENT: None tom• - � t t Agreement with Costa Mesa Senior Citizen Corporation Bus Service MOTION Agreement Approved Final Map for Vesting Tract No. 14488 V.N.E. Development MOTION Map Approved Permit Parking on Purdue Drive MOTION Resolution 92-105 Adopted Proposition 116 Bicycle Program Funds MOTION Resolution 92-106 Adopted The Community Services Director requested approval of a lease agreement with the Costa Mesa Senior Citizen Corporation, 695 West 19th Street, for use of the City bus and driver for the senior's bus service. On motion by Council Member Buffa, seconded by Council Member Erickson, the agreement was approved, and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None The Final Map was presented for Vesting Tract No. 14488, located at 160-162 Merrill Place, 5 lots, 0.337 -acre, for condominium purposes; V.N.E. Development, Incorporated, developer, 1048 Irvine Avenue, Suite 363, Newport Beach. On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, the map was approved; the 3.00 -foot easement for sidewalk and public utility purposes and an easement for ingress and egress over Lot "A" for emergency and security vehicle purposes were 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 City Clerk was authorized to sign the map on behalf of the City. On motion by Council Member Buffa, seconded by Council Member Erickson, Resolution 92-105, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA. MESA, CALIFORNIA, PROHIBITING PARKING ON PURDUE DRIVE NEAR THE ORANGE COUNTY FAIRGROUNDS WITHOUT A PARKING PERMIT, 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 Council Member Erickson, Resolution 92-106, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CERTIFYING APPLICATION SCREENING CRITERIA FOR FUNDS AVAILABLE THROUGH THE PROPOSITION 116 CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT (CATIA) OF 1990, was adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None Notice of Completion Replacement of Sidewalk Steps at Estancia Park, 1900 Adams 7aMar General Engi- Avenue, was completed on December 10, 1992, by 7aMar General neering Contractor Engineering ' Contractor, Post Office Box 90667, Long Beach. On motion by Council Member Buffa, seconded by Council Member Sidewalk Steps at Erickson, the work was accepted; the City Clerk was authorized to Estancia Park file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was MOTION ordered exonerated 7 months thereafter; and the Performance Bond Work Accepted was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None n �J 1 Notice of Completion Street Improvements for Victoria Street Widening from Canyon Sully -Miller Drive to Harbor Boulevard, Project No. 91-07, was completed to the satisfaction of the Public Services Director on December 1, 1992, Victoria Street by Sully -Miller Contracting Company, 6145 Santiago Canyon Road, Widening Orange. On motion by Council Member Buffa, seconded by Project No. 91-07 Council Member Erickson, the work was accepted; the City Clerk was authorized to file a Notice of Completion; authorization was MOTION _given to release retention funds 35 days thereafter; the Labor and Work Accepted 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: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None Notice of Completion Traffic Signals and'... -Safety Lighting at Placentia Avenue and New Excel Paving Corporation Yard Entrance; and Parking Lot Improvements at Estancia High School, Project No. 92-04, was completed to the Traffic Signals and satisfaction of the Public Services Director on November 13, 1992, Safety Lighting on by Excel Paving Company, 2230 Lemon Avenue, Long Beach. On Placentia; and Parking motion by Council Member Buffa, seconded by Council Member Lot Improvements at Erickson, the work was accepted; the City Clerk was authorized to Estancia High School file a Notice of Completion; authorization was given to release Project No. 92-04 retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond MOTION was ordered exonerated 12 months thereafter. The motion carried Work Accepted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None Senior Citizens On motion by Council Member Buffa, seconded by Council Member Advisory Council Erickson, Resolution 92-107, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ENDORSING THE REAPPOINTMENT OF STANLEY BIEZA AS Endorsed Reappoint- SECOND DISTRICT ALTERNATE TO THE SENIOR CITIZENS ment of Stanley ADVISORY COUNCIL OF THE ORANGE COUNTY DIVISION Bieza; Resolution OF THE LEAGUE OF CALIFORNIA CITIES, was adopted by the 92-107 Adopted 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 1991 Uniform meeting of November 16, 1992, for second reading and adoption of Building Codes and Ordinance 92-22 adopting the 1991 Uniform Building, Plumbing, 1990 National Mechanical, Sign, Housing, Abatement, Swimming Pool, Solar and Electrical Code; Administrative Codes, and the 1990 National Electrical Code; and 1991 Uniform the proposed ordinance adopting the 1991 Uniform Swimming Pool Swimming Pool Code Code and local amendments thereto. The Deputy City Manager/Development Services reviewed the Agenda Report dated December 15, 1992, stating the Uniform Swimming Pool Code ordinance would be given second reading at a public hearing in 30 days (January 18, 1993). There being no speakers, the Mayor closed the public hearing. MOTION Ordinance 92-22 Adopted MOTION Ordinance 92-30 Given First Reading On motion by Council Member Hornbuckle, seconded by Council Member Humphrey, Ordinance 92-22, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 5 OF THE COSTA MESA MUNICIPAL CODE BY ADOPTING THE 1991 UNIFORM BUILDING, PLUMBING, MECHANICAL, SIGN, HOUSING, ABATEMENT, SWIMMING POOL, SOLAR AND ADMINISTRATIVE CODES, AND THE 1990 NATIONAL ELECTRICAL CODE, was -given second reading and adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None On motion by Council Member Hornbuckle, seconded by Council Member Erickson, Ordinance 92-30, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, AMENDING CHAPTER IV OF TITLE 5 OF THE COSTA MESA MUNICIPAL CODE BY ADOPTING THE 1991 UNIFORM SWIMMING POOL CODE, AND LOCAL AMEND- MENTS THERETO, was given first reading and passed to second reading, to be held .at a public hearing on January 18, 1992. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None I . Vice Mayor Humphrey expressed concern regarding access to swimming pools via sliding glass doors by children who reside on the property, and would like that aspect investigated before second 'reading of the ordinance. PUBLIC HEARING The City Clerk announced that this was the time and place set for Orange County Taxi/ the public hearing to consider a Certificate of Public Convenience Scott and Necessity for . William F. Scott, doing business as Orange County Taxi, 1634 Pomona Avenue, Costa Mesa. The Affidavit of Mailing is on file in the City Clerk's office. No communications were received. The City Manager presented the Agenda Report from the Finance Department dated December 10, 1992. i Robert Excell, 1270 Deerpark Drive, Fullerton, associated with Coast Yellow Cabs. opposed the approval of Orange County Taxi being licensed in 'Costa Mesa based on several factors: Orange County Taxi has yellow taxicabs, as does Coast Yellow Cab, which is confusing to the public; Orange County Taxi has several meter fates, running as high' as $2.00 to start and $2.00 per mile, with a 'minimum rate posted; and one of their drivers assaulted another 'taxicab driver in Dana Point. Marcus Davis, Assistant Director of Finance, responding to a question from Council Member Hornbuckle, stated that upon receipt of an application for a Certificate of Public Convenience and Necessity, copies are distributed to the departments involved, including the Police Department who conduct a background check and report back to Finance on whether or not they support issuing a certificate. William F. Scott, owner/operator of Orange County Taxi, responded by stating that in. the last 2-3 weeks he had transferred 59 calls to 1 Coast Yellow Cab because he could not pick up in Costa Mesa until the Certificate was issued. Mr. Scott thought it possible that another cab company` ' was . being mistaken for his company. Mayor Genis suggested that Mr. Scott submit to staff a copy of the data sheet showing the calls that were transferred to Coast Yellow Cab. Gregory Park, Attorney at Law, 2500 West Orangethorpe Avenue, Fullerton, representing Orange County Taxi, commented that their - taxicabs have a checkered area around the cab which is distinctive from any other yellow -colored cab. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Continued to Buffa, and carried 5-0, this item was continued to the meeting of January 4, 1993 January 4, 1993. Council Member Erickson clarified that Council did not intend to inhibit free trade. The City Manager asked Mr. Excell to provide; staff with the documentation he had accumulated. OLD BUSINESS The City Clerk presented from the meeting of December 7, 1992, R-92-07/Planning second reading and adoption of Ordinance 92-25, changing the Area No. 1, Sites zoning of properties in Sites A, B, and H through W, located in A, B, and H Through General Plan Planning Area No. 1, to zoning consistent with the W 1990 General Plan by adoption of Rezone Petition R-92-07. The Deputy City Manager stated that both Old Business Item Nos. 1 and 2 pertain to Rezone Petition R-92-07; Site X is not included but will be addressed at the January 4, 1993, meeting. Carey Ward, 126 East 19th Street, Costa Mesa, expressed his objections to the proposed rezone, specifically commenting that the property owners should be allowed to rebuild in the event of a natural catastrophe. He addressed the fact that property could not be rebuilt to more than 50 percent of the assessed value, and stated that the City of Fountain Valley had addressed this issue by recently adding a clause to their legal, nonconforming status which would allow property owners to rebuild according to the cost to reproduce the property in today's market. Mayor Genis asked that the Deputy City Manager/Development Services_ obtain a copy of the Fountain Valley ordinance. MOTION On,motion by Council Member Erickson, seconded by Vice Mayor Ordinance 92-25 Humphrey, Ordinance 92-25, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTIES IN SITES A, B AND H 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, was given second reading and adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Erickson NOES: Buffa ABSENT: None OLD BUSINESS The City Clerk presented from the meeting of December 7, 1992, R-92-07/Planning second reading and adoption of Ordinance 92-26, changing zoning Area No. 1, Sites of properties in Sites C through G, located in General Plan Planning C Through G Area No. 1, to zoning consistent with the 1990 General Plan by adoption of Rezone Petition R-92-07. 5 MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Ordinance 92-26 !Erickson, Ordinance 92-26, AN ORDINANCE OF THE CITY Adopted i 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 IR -92-07, was given second reading and adopted by the following roll call vote: AYES: Genis, Humphrey, Erickson NOES: Buffa ABSENT: None ABSTAIN: Hornbuckle OLD BUSINESS The City Clerk presented from the meeting of December 7, 1992, Council Salaries for second reading and adoption, Ordinance 92-27 pertaining to salaries of City Council. The City Attorney reported on the purpose !for the proposed ordinance being to reduce these salaries as ;previously confirmed by Council. MOTION On motion by Council Member Hornbuckle, seconded by Vice Ordinance 92-27 Mayor Humphrey, Ordinance 92-27, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, AMENDING SECTION 2-21 OF THE COSTA MESA ;MUNICIPAL CODE PERTAINING TO SALARIES OF CITY COUNCIL, was given second reading and adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None OLD BUSINESS ;The City Clerk presented from the meeting of December 7, 1992, Handicap Access second reading and adoption of Ordinance 92-28 pertaining to 'handicap access. The City Attorney reported that the ordinance was prepared pursuant to a request from Vice Mayor Humphrey, and its !intent is to bring public buildings and other facilities into compliance 'with all applicable handicap access State laws. MOTION !�On motion by Vice Mayor Humphrey, seconded by Council Member Ordinance 92-28 Hornbuckle, Ordinance 92-28, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, !ADDING CHAPTER VII TO TITLE 5 OF THE COSTA MESA ,MUNICIPAL CODE PERTAINING TO HANDICAP ACCESS, was given second reading and adopted by the following roll call ;vote: AYES: Genis, Humphrey, Hornbuckle., Buffa, Erickson NOES: None ABSENT: None OLD BUSINESS ;The City Clerk presented from the meeting of December 7, 1992, Animal Impoundment Ifor second reading- and adoption, Ordinance 92-29 relating to the !impoundment of animals. The City Attorney stated this ordinance was prepared at the request , of the Animal Control Division of the ;Police Department and will bring the City code in line with the ;Orange County code. MOTION On. motion by Council Member Hornbuckle, seconded by Council Ordinance 92-29 ;Member Erickson, Ordinance 92-29,' AN ORDINANCE OF THE Adopted ;CITY COUNCIL , OF THE CITY OF COSTA MESA, f L CALIFORNIA, AMENDING SECTION 3-52 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE IMPOUNDMENT OF ANIMALS, was given second reading and adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented an agreement with The Keith Companies, Agreement with 2995 Red Hill Avenue, Costa Mesa, for $83,040.00, to perform an The Keith Companies archaeological study and prepare grading plans for Fairview Park. for Archaeological The City Manager summarized the Agenda Report prepared by the Study Community Services Department dated December 8, 1992, and stated that the State of California is obligated to reimburse the City for the proposed study. Robert Graham, 2865 Chios Road, Costa Mesa, asked if there was final design approval for Fairview Park, and the City Manager responded there are two general areas of archaeological interest within the park site which have been identified in the national historic preservation listing, and explained how the artifacts will be protected without interfering with future plans for the park. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Agreement Approved Erickson, the agreement was approved, and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa; Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented City Attorney's Report No. 92-68A, and Garbage, Refuse, an ordinance pertaining to garbage, refuse and recyclable materials and Recyclable collection. Communications addressing the proposed ordinance were Materials Collection received from South Coast Refuse Corporation, 2021 Business Center Drive, Suite 114, Irvine; and Alan Bartz, Attorneys at Law, representing South Coast Refuse Corporation, 19100 Von Karman Avenue, Suite 750, Irvine. The City Attorney summarized his report, stating that the ordinance was the alternative chosen by Council in lieu of going to an exclusive franchise and will put in place through a permit process the existing haulers and allow them to attempt to comply with the source reduction element. He reported. that recent legislation, Assembly Bill 3001 and Assembly Bill 2494, have been reviewed and determined not to impact the requirements of the ordinance relating to the definitions and enabling provisions of Assembly Bill 939. The Public Services Director then reviewed the Supplemental Report dated December 18, 1992, and requested a change on Page 2, Paragraph (2), second paragraph, deleting the entire first sentence which reads, "Haulers not meeting minimum diversion rates as established periodically by the Council will be given 90 days to meet said diversion rates. " He stated that should the proposed ordinance be given first reading at this time, second reading would be scheduled for the meeting of January 18, 1993, in order to allow staff to prepare a separate report which would address establishment of permit and license fees. He pointed out that on Page 18 of the a MOTION Ordinance 92-31 Given First Reading i ordinance, subparagraph (c), second line from the bottom, "Southern" should be replaced by "South Coast". A lengthy question and answer session ensued regarding specifics of the ordinance. Referring to the Supplemental Report, Page 2, Paragraph (2), end of the first paragraph which reads, "the haulers permit will be permanently revoked", Vice Mayor Humphrey stated he could not support a permanent revocation of any type of permit. Dolores Otting, 5 Star Rubbish Service, 2130 Canyon Drive, Costa Mesa, reported on the Source Reduction and Recycling Element (SRRE) stating that she had attended the California Integrated Waste Management Board meeting and obtained a copy of the Orange ,County Tonnage Report and will forward copies to Council. She ;questioned the viability of Assembly Bill 939 and Assembly Bill 2494, and noted that to date the State has not approved an SRRE report for any city. She objected to Page 19 of the proposed .ordinance, Paragraph (g) which prohibits the commingling of solid waste collected from within the jurisdiction of Costa Mesa with solid ;waste collected from any other jurisdiction. Madeline Arakelian, owner of South Coast Refuse Corporation and ;Integrated Recycling Systems, 2021 Business Center Drive, Irvine, agreed with Vice Mayor Humphrey by expressing her concern ;regarding permanent revocation of a hauler's permit. She stated that :South Coast Refuse 'has become a clean recycling company, separating cardboard, paper, and aluminum cans from other trash, ;for a nominal fee and sometimes no fee. ;Jay Ware, Ware Disposal Company, 1610 East Stafford Street, !Santa Ana, addressed Paragraph (2) on Page 2 of the Supplemental Report, stating that, his company does not take concrete, etc. from Job sites to State certified facilities because they do not take that type of material, or they charge excessive fees. He suggested rewording this item to limit it to residential and commercial areas since they do not deal with heavy debris such as industrial rubbish. The City !Attorney responded that solid waste under the State law includes construction waste. A motion was made by Council Member Hornbuckle, seconded by Council Member Buffa, to give first reading to Ordinance 92-31, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 1, CHAP- ; TER IV OF TITLE 8 OF THE COSTA MESA' MUNICIPAL CODE PERTAINING TO GARBAGE, REFUSE AND RECYCLA- BLE MATERIALS COLLECTION; and staff was requested to work on issues that had been addressed, including concerns regarding the hauler's permit being permanently revoked; to hold second reading in 30 days (January 18, 1992); to add to Paragraph (8) on Page 7, Each applicant must provide a copy of the previous year's financial report audited by a CPA firm"; to amend the ordinance to specify that each hauler's reduction plan should specify interim reduction goals and strategies for achieving the. goals; to add on Page 13, Paragraph (b), first sentence, "In residential unit area, pickup shall be a minimum of once per week."; and to clarify on Page 14, 14 sentences from the top, where it reads " 12:00 p.m." by adding " midni ht ". The motion carried by the following roll call vote: f AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None The City Manager suggested that due to the confusion and concern regarding the current and proposed State laws, copies of questions and comments that the City has received would be forwarded to State and Assembly members to advise them of the difficulties involved in implementing State law. CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORTS Government Code Sections 54956.9(a), 54956.9(b)(1), and Request for Closed 54956.9(c) to discuss the following items: Orco Block Company, Session: Orco Block Incorporated, et"al. v. James Jameson Masonry, Incorporated, et al., v. Jameson; City v. Orange County Superior Court Case No. 68-32-04 regarding the Rubio; City v. d'Elia; Metro Fire Station; authorization to commence Writ of Mandate and Marotta Claim action regarding City of Costa Mesa v. Bernard Rubio; settlement offer regarding City of Costa Mesa v. Jean-Paul d'Elia, et al., Orange County Superior Court Case No. 68-15-91; and settlement of claim from Mark: Marotta regarding traffic collision with City vehicle. Mayor Genis announced that closed session would be held after completion of regular business. COUNCIL Council Member Erickson spoke regarding bicycle trails throughout COMMENTS- the City stating that he rode several trails with resident Robert Graham and made the same ride with the City's Transportation Bicycle Trails Services Manager. He concluded that the area from Fairview Park to Pacific Coast Highway on the Costa Mesa side of the Santa Ana Vice Mayor of River, utilizing the existing service maintenance road, should be St. Petersburg investigated. He reported that he had the honor of meeting the Vice Mayor of St. Petersburg, Russ a, who was accompanying DUI Team businessmen visiting ICN Pharmaceutical, which was previously owned by the Soviet government. He reported on a ride -along with the Driving Under the Influence (DUI) team, and commended the team for a job well done. Kaplan's Deli Council Member Buffa asked staff to contact Kaplan's Deli, 3211 Harbor Boulevard, regarding their neon sign which has damaged circuitry. Jewish Senior Center Mayor Genis congratulated those people involved with construction of the Jewish Senior Center which was officially dedicated this date Our Town Christmas and was built entirely with volunteer funds and work. She also Show recognized the children of Our Town Apartments for their Christmas show and the adults who assisted. ADJOURNMENT TO At 8:30 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor City Clerk's office to discuss the items which were previously announced by the City Attorney. MEETING The Mayor reconvened the meeting a 8:40 p.m., and the City RECONVENED Attorney announced the action taken during closed session. Orco Block Company, No action was taken regarding Orco Block Company, Incorporated, et al. v. James et al. v. James Jameson Masonry, Incorporated, et al., Orange Jameson Masonry, County Superior Court Case No. 68-32-04 concerning the Metro et al. Fire Station. MOTION/Writ of On motion by Council Member Hornbuckle, seconded by Vice Mandate Authorized Mayor Humphrey, and carried 5-0, the City Attorney was authorized for City v. Bernard to commence Writ of Mandate action regarding City of Costa Mesa Rubio v. Bernard Rubio, California Unemployment Insurance Appeals Board No. 92-12768. ti •- 64 MOTION/Settlement Offer Accepted City v. Jean-Paul d' Elia, et al. MOTION/Settlement Approved Marotta Claim On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the settlement offer as detailed in the City Attorney's confidential memorandum dated December 15, 1992, was accepted regarding City of Costa Mesa v. Jean-Paul d'Elia, et al., Orange County Superior Court Case No. 68-15-91. On motion by Vice Mayor Humphrey, seconded by Council Member Hornbuckle, and carried 5-0, the City Attorney's settlement 'recommendation as outlined in his confidential memorandum dated December 11, 1992, was approved regarding the claim from Mark Marotta (traffic collision with City vehicle). The Mayor declared the meeting adjourned at 8:45 p.m. c ® o Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Costa M