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HomeMy WebLinkAbout02/01/1993 - City Council91, REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 1, 1993 The City Council of the City of Costa Mesa, California, met in regular session February 1, 1993, 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 Galal Gough, First United Methodist Church. 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 Vice Mayor January 18, 1993 Humphrey, and carried 5-0, the minutes of the regular meeting of January 18, 1993, were approved as distributed. 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- Howard Minder, 432 East 18th Street, Costa Mesa, requested that CATIONS Council consider repairing the intersection of 16th Street and Tustin Repair of 16th Avenue, which has been in poor condition for quite some time. The Street/Tustin Avenue Public Services Director stated that he would give his phone number Intersection to Mr. Minder so they could discuss the City's plans for that area. Handicap Access Bil Garvin, 1092 San Pablo Circle, Costa. Mesa, requested that the issue of handicap access at City Hall be placed on a Council meeting agenda because he felt staff was not enforcing the appropriate codes. Mayor Genis commented that it would be best to schedule this item for a Council study session. "Hate Crime" in Donald O'Neal, 1822 Tanager Drive, Costa Mesa, asked for Laguna Beach information concerning an issue addressed at the last Council meeting which was a request from the City's Human Relations Committee to send a letter to the City of Laguna Beach regarding the brutal attack on a Costa Mesa resident in that City. Mayor Genis responded that Council has not taken formal action on the request; however, she would have a copy of the committee's letter sent to Mr. O'Neal. Award for Human Eleanore Humphrey, 1684 Whittier Avenue, Costa Mesa, member Relations Committee of the Human Relations Committee, announced that the committee received a plaque at the Models of Unity Awards Ceremony on Saturday, January 23, 1993, for its leadership in promoting unity and fellowship among all people, and for outstanding and distinguished achievement, specifically mentioning the Living Room Dialogue and Community Quilt programs. ANNOUNCEMENT Mayor Genis announced the items for which requests were received Continued Items for a continuance or withdrawal: request to continue Public Hearing No. 1, Rezone Petition R-92-06, to rezone property at the corner of Fairview Road and Fair Drive (Site N); request to withdraw Old Business No. 1, an ordinance regarding skateboarding and roller- skating on City property; and a request to continue New Business No. 1, street closures for "Run for the Green". CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 9, Completion of the Costa Mesa Senior Center; and Item 9(a), Change Order No. 19 to the contract with Camco Construction Company for construction of the Costa Mesa Senior Center. On motion by Council Member Buffa, seconded by Council Member Erickson, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None WRITTEN On motion by Council Member Buffa, seconded by Council Member COMMUNICATION Erickson, Resolution 93-4, A RESOLUTION OF THE CITY Records Destruction COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, for the Fire Depart- AUTHORIZING RECORDS DESTRUCTION FOR THE FIRE ment DEPARTMENT OF THE CITY OF COSTA MESA PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll MOTION call vote: Resolution 93-4 AYES: Genis, Humphrey, Hornbuckle, Adopted 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: Yvette Greis; Application for Leave to Present a Late Claim from Geraldine and Nelson Ferguson, for Elizabeth L. Ferguson, a minor; Application for Leave to Present a Late Claim from Heather Harris, a minor, by and through her guardian, Debbie Harris; and Kris Farrell. Alcoholic Beverage Alcoholic Beverage License for which parking has been approved License by the Planning Staff. Norma B. and Richard J. Carpi, doing business at 2200 Harbor Boulevard, Building C, Suites 1 and 2. "Hate Crime" in Letter from Troy L. Smith, 174-A Monte Vista Street, Costa Laguna Beach Mesa, referring to a recent "hate crime" which occurred in the City of Laguna Beach, and expressing his concern and the concern of his friends for their personal safety. WARRANTS On motion by Council Member Buffa, seconded by Council Member MOTION/Warrant Erickson, Warrant Resolution 1538, representing funding for City 1538 and Payroll operating expenses for $1,564,352.67; and Payroll 9301 for 9301 Approved $1,186,915.18 were approved by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None ADMINISTRATIVE The Community Services Director requested approval of an ACTIONS addendum to the agreement with Childs -Pace Foundation, Inc., extending use of the Downtown Community Center, 1860 Anaheim Addendum to Agree- Avenue, through June 30, 1994. On motion by Council Member ment with Childs -Pace Buffa, seconded by Council Member Erickson, the addendum was Use of Downtown approved, and the Mayor was authorized to sign on behalf of the Community Center City. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, MOTION Buffa, Erickson Addendum Approved NOES: None ABSENT: None Addendum to Agree- The Police Chief ' requested approval of an addendum to the ment with Cynthia agreement with Cynthia Smith, ASAP Transcribing, 320 West 19th Smith for Transcrib- Street, Santa Ana, in an amount not to exceed $11,000.00, to ing and Translation provide supplemental transcribing and translation services for the Police Department. On motion by Council Member Buffa, seconded MOTION by Council Member Erickson, the addendum was approved, and the Addendum Approved 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 Agreement with IWA The Public Services Director recommended approval of an Engineers; Request agreement with IWA Engineers, 17390 Brookhurst Street, Suite 100, for Measure "M" Fountain Valley, for $170,038.00, for design of roadway Funds improvements on Harbor Boulevard at South Coast Drive and the I- 405 freeway ramps. He also recommended adoption of a resolution requesting allocation of Measure "M" Regional Interchange Program MOTION funding for design services costs. A motion was made by Council Agreement Approved; Member Buffa, seconded by Council Member Erickson, to take the Resolution 93-5 following action: approve the agreement, and authorize the Mayor Adopted and City Clerk to sign on behalf of the City; adopt Resolution 93-5, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY TO ALLOCATE MEASURE "M" FUNDS FOR DESIGN SERVICES ON' HARBOR BOULEVARD AT THE INTERSECTIONS OF SOUTH COAST DRIVE AND THE I-405 FREEWAY RAMPS. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT:. None - Bid Item No. 951 Bids received for Bid Item No. 951, Four Used Sedans, are on file Four Used Sedans in the City Clerk's office. A motion was made by Council Member Buffa, seconded by Council Member Erickson, to award the contract MOTION to Fuller Ford, 760 Broadway, Chula Vista, for $48,879.71, Awarded to Fuller including tax. The motion carried by the following roll call vote: Ford AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None Measure "M" Five- The Public Services Director recommended approval of the Measure year Capital "M" five-year capital improvement program for submittal to the Improvement Orange County Transportation Authority (OCTA) by the deadline of Program February 26, 1993; and adoption of a resolution approving submittal of the Measure "M" projects. A motion was made by Council MOTION Member Buffa, seconded by Council Member Erickson, to approve Approved Submittal the program for submission by February 26, 1993, and to adopt to OCTA; Adopted Resolution 93-6, A RESOLUTION OF THE CITY COUNCIL OF Resolution 93-6 THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE SUBMITTAL OF THE CITY OF COSTA MESA IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None Notice of Completion Items 9 and 9(a) on the Consent Calendar were presented: and Change Order Completion of the Costa Mesa Senior Center on June 4, 1992, by No. 19 - Camco Camco Construction Company, 20250 Acacia Street, Suite 200, Construction Newport Beach; and Change Order No. 19 for $12,496.48 to the contract with Camco Construction Company, respectively. Costa Mesa Senior Vice Mayor Humphrey asked the City Manager to explain that the Center problems being encountered with ramp and parking specifications for handicap access have nothing to do with accepting the work for completion of the Senior Center by Camco Construction Company. The City Manager stated that the architect's design work did not meet the required standards for the handicap access ramps; however, Camco Construction's work was done in accordance with the design it was given and the requirements of the contract were fulfilled. He reported that staff is negotiating with other contractors to redo the work on the ramps and the cost will probably be taken from the architect's retention money. Bil Garvin, 1092 San Pablo Circle, Costa Mesa, commented that he filed a complaint with Council regarding the Senior Center, and contended that staff did not know which standards to follow. The City Manager stated that he would submit a copy of the revised plans to Mr. Garvin so he could give his input. The City Attorney advised Mr. Garvin that he would be responding to his letter of complaint shortly. John Goddard, 1985 Anaheim Avenue, Costa Mesa, mentioned that he goes to the Senior Center three times a week and has never seen anyone there using a wheelchair. The City Manager responded that handicap access is required whether or not they are being used. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Work Accepted; Buffa, the work was accepted; the City Clerk was authorized to file Change Order a Notice of Completion; authorization was given to release retention Approved funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; the Performance Bond was ordered exonerated 12 months thereafter; and the change order was approved. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None 4t . a 5 Boy Scouts The Mayor recognized a Boy Scout Troop and their leader, Mr. Recognized Marks, who were in attendance. PUBLIC HEARING The City Clerk announced the public hearing, continued from the R-92-06, Site N, meeting of January 4, 1993, to consider Rezone Petition R-92-06, Planning Area No. 4 to change the zoning of Site N, General Plan Planning Area No. 4, to zoning consistent with the 1990 General Plan. Environmental Determination: Environmental Impact Report No. 1044 adopted for the 1990 General Plan. A communication was received from Franklin D. Cole, Chairman of the Board of Directors of the Fairview Village Homeowners Association, 2478 Fairview Way, Costa Mesa, requesting a 60 -day continuance. A communication was received from Rex Hooper, Trammell Crow Company, 5835 South Eastern Avenue, Los Angeles, representing Exxon Corporation, requesting a continuance. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Continued to Hornbuckle, and carried 5-0, the public hearing was continued to April 5, 1993 April 5, 1993. PUBLIC HEARING The City Clerk announced the public hearing, continued from the R-92-08, 1607 and meeting of January 4, 1993, for Rezone Petition R-92-08, to change 1609 Orange Avenue, the zoning of properties at 1607 and 1609 Orange Avenue, located Planning Area No. 3 in Site O, General Plan Planning Area No. 3, to zoning consistent with the 1990 General Plan. Environmental Determination: Environmental Impact Report No. 1044 adopted for the 1990 General Plan. The Deputy City Manager/Development Services reviewed the Agenda Report dated January 25, 1993, and reported that the Planning Commission recommended adoption of an ordinance rezoning the sites to Cl, Local Business District. Paul Schwartz, 1607 Orange Avenue, objected to the rezone because the property would become a nonconforming use and the site is too small for commercial development. He asserted that rezoning his property would result in his investment being worthless. Mayor Genis advised Mr. Schwartz that the Planning Commission and an ad hoc committee are studying various alternatives for nonconforming properties. The Deputy City Manager stated that the zone change must be made now or at a later date, and offered to discuss options with Mr. Schwartz. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Ordinance 93-6 Humphrey, Ordinance 93-6, AN ORDINANCE OF THE CITY Given First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF SITE O, LOCATED IN GENERAL PLAN PLANNING AREA NUMBER THREE TO ZONING CONSISTENT WITH THE 1990 GENERAL PLAN BY ADOPTION OF REZONE PETITION R-92-08, was given first reading and passed to second reading by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Erickson NOES: Buffa ABSENT: None OLD BUSINESS On motion by Council Member Buffa, seconded by Council Member Skateboarding and Erickson, and carried 5-0, the following item was withdrawn as Roller-skating requested by staff: Continued from the meeting of December 7, 1992, an ordinance. adding Section 12-54 to the Costa Mesa MOTION Municipal Code prohibiting skateboarding and roller-skating on City Ordinance Withdrawn property. OLD BUSINESS The City Clerk presented three items regarding the Solid Waste Solid Waste Program Program: City Attorney's Amended Report No. 93-11A, and an ordinance amending Subsection (b) and Paragraph (6) of Subsection (e) of Costa Mesa Municipal Code Section 8-77, pertaining to permits for solid waste haulers; Continued from the meeting of January 18, 1993, fees in accordance with Option 2 for implementation of the AB 939 program; and Continued from the meeting of January 18, 1993, direction to staff to prepare a fee resolution, and to send notifications of a public hearing. The City Attorney summarized his report, explaining that the proposed ordinance amends two provisions of Ordinance 92-31 which was adopted January 18, 1993: Subsection (b) modifies reporting requirements for the haulers; and Subsection (e), Paragraph (6) deletes the requirement that haulers provide certified copies of their last fiscal year financial report. Council Member Hornbuckle referred to the first page of the proposed ordinance, Subsection (b), .5th and 6th lines, and asked why the phrase "or County weighing" was added. The Public Services Director reported that the State certifies the public weights and scales; however, because of State manpower shortages, the County has taken on the task of certifying the scales as well. Council Member Hornbuckle requested a change to a portion of that same sentence so it will read: "from a State or County certified weighing facility", instead of "from a State or County weighing certified facility". The City Attorney pointed, out another change to Subsection (b), the next to last sentence on Page 1 of the ordinance, changing the fourth word from "must" to "may". Jay Ware, Ware Disposal Company, 1016 East Stafford Street, Santa Ana, stated that having to submit a certified financial statement would present an economic hardship for him, and asked that it be deleted from the ordinance. Nancy Arakelian, South Coast Refuse Corporation and Integrated Recycling Systems, 2021 Business Center Drive, Irvine, gave Council copies of an analysis of AB 2494 prepared by the California Integrated Waste Management Board and read the entire document. The City Attorney responded to questions from Madeline Arakelian, South Coast Refuse Corporation and Integrated Recycling Systems, regarding use of transfer stations or a County certified scale; and the role of the permittee as an authorized recycling agent of the City. Ms. Arakelian expressed her opposition to a certified financial report. 1 MOTION Ordinance 93-7 Given First Reading AMENDED MOTION Modified Paragraph (6) of Subsection (e) MOTION Option 2 Fees and Fee Resolution Continued to February 16, 1993 Dolores Otting, 5 Star Rubbish Service, 2130 Canyon Drive, Costa Mesa, asked if her State certified scales are acceptable under the requirements of the ordinance. The Public Services Director responded that any facility which is certified on a regular basis by either the State or County is acceptable. A motion was made by Vice Mayor Humphrey, seconded by Mayor Genis, to give first reading to Ordinance 93-7, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SUBSECTION (b) AND PARAGRAPH (6) OF SUBSECTION (e) OF SECTION 8-77 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO PERMITS FOR SOLID WASTE HAULERS. Council Member Buffa felt that the ordinance did not adequately address appropriate financial reporting by the permittees. The City Attorney stated that the first sentence of Paragraph (6) of Subsection (e) could be amended to read-, "Any other information or additional financial information from the permittee, including, but not limited to the right to audit financial records if at any time such information is found to be necessary by the City Council". After considerable discussion, Vice Mayor Humphrey amended his motion by modifying the first sentence of Paragraph (6) of Subsection (e) to read: "Any other information or additional financial information from the permittee, including, but not limited to the right to audit financial records,_ or require a performance bond, or other suitable evidence of financial responsibility, if at any time such information is found to be necessary by the City Council". The amended motion was seconded by Mayor Genis, and carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None On motion by Council Member Hornbuckle, seconded by Vice Mayor Humphrey, and carried 5-0, .fees in accordance with Option 2 for implementation of the AB 939 program; and a direction to staff to prepare a fee resolution and to send notifications of a public hearing, were continued to February 16, 1993. NEW BUSINESS On motion by Council Member Hornbuckle, seconded by Vice Street Closures for Mayor Humphrey, and carried 5-0, a request for partial street "Run for the Green" closures for the "Run for the Green was continued to February 16, MOTION/Continued 1993, in order to correct information as to the high school making to February 16, 1993 the request and the date of the race. RECESS The Mayor declared a recess at 7:45 p.m., and she reconvened the meeting at 7:55 p.m. NEW BUSINESS The City Clerk presented.a request for Council direction on Golf Course Contract outstanding golf course contract issues. A communication was Issues received from Jim Hagey, Costa Mesa High School Golf Coach, requesting Council to retain the school team play and junior passes. A communication was received from John Goddard, 1985 Anaheim Avenue, Costa Mesa, requesting Council to retain the reduced rates for senior citizens. Ann Gyben, Assistant to the City Manager, referred to the Agenda Report dated January 21, 1993, and directed attention to five issues which have surfaced in relation to the current golf course contract c 97 with Mesa Verde Partners (MVP): senior rates; free rounds for certain retired City employees and former Council Members; school team play; junior passes; and tournament play. She introduced Scott Henderson, of Mesa Verde Partners, General Manager of the Costa Mesa Golf and Country Club. Responding to questions from Council Member Hornbuckle, the Assistant to the City Manager confirmed that senior citizens are limited to one rate per foursome per reservation on the Los Lagos course, but there is no limitation on the Mesa Linda course. Scott Henderson reported that local students are not charged for school team play at other courses. James Angus, 1874 Pomona Avenue, Costa Mesa, representing the senior citizens golf group, asked Council to retain the existing fees for senior citizens. John Goddard, 1985 Anaheim Avenue, Costa Mesa, spoke several times on retaining existing golf play and cart fees for senior citizens. He also commented that the driving range was not being utilized to its maximum. Doug Main, 2205 Pacific Avenue, Costa Mesa, member of the National Golf Foundation, was in favor of continuing the existing programs for senior citizens and juniors, and limiting their play to weekdays. Dan Worthington, member of the Golf Course Advisory Committee, was opposed to so many people receiving free golf privileges, stating that MVP cannot turn a profit with this type of policy. He felt that senior citizens should be limited to playing during the week at a reduced rate. Howard Minder, 432 East 18th Street, Costa Mesa, asked if Council would be taking action tonight on the fees. Mayor Genis replied that Council will be setting the policy that determines the rates. The Assistant to the City Manager, and Scott Henderson of MVP, answered questions from Council regarding the regular rates for the two courses, senior rates and limitations, junior passes, and persons receiving complimentary golf passes. At the request of the Mayor, the City Manager confirmed that prior to MVP's contract, the golf course was supported entirely with green fees and other revenues from the golf course, not by General Fund revenues. Responding to a question from Mayor Genis, the City Manager confirmed that the money received by. the City from MVP can be spent on anything the Council chooses. Council Member Hornbuckle felt that monthly discount cards should be eliminated, and discount rates per round for seniors retained, as addressed in the current contract with MVP. MOTION Council Member Hornbuckle made a motion, seconded by Vice Established Policy Mayor Humphrey, to reaffirm the present contract rate for senior for Senior Rates citizens of $8.00 per round applicable to weekdays only, including the remainder of the stipulations contained on the first page of the memorandum from the Assistant to the City Manager dated January 8, 1993. Council Member Buffa suggested a 50 percent discount for seniors on weekdays instead of a fixed fee. AMENDED MOTION Council Member Hornbuckle 'amended her motion as follows: Modified the Policy Amend the current contract with MVP to offer a senior rate of 50 for Senior Rates percent of the greens fee on both Mesa Linda and Los Lagos 11 courses, retaining the limitation of one rate per foursome per reservation on the Los Lagos course, and unlimited play on Mesa Linda, with all other stipulations in Exhibit B, Section F, of the contract to remain, and eliminating the charge for an identification card. The amended motion was seconded by Vice Mayor Humphrey, and carried 5-0. Scott Henderson answered questions from Council on the feasibility of continuing to offer discounted rates to senior citizens for use of golf carts. MOTION/Authorized A motion was made by Council Member Buffa, seconded by Council Senior Discount for Member Erickson, and carried 5-0, retaining the discount policy for Golf Carts use of golf carts by senior citizens at the rate of $14.00 per round, reflecting a 30 percent discount, and specifying that the discount on carts would apply during the times the other senior discounts apply. The next issue addressed was Council Policy 800-4 which allows any retired City employee with 20 years or more of full-time service, or current or former City Council Members to apply for a pass permitting one 18 -hole round of play per day. Council Member Buffa noted that the current contract with MVP provides for one free round of golf per week on weekdays only. Scott Henderson reported that lie has been allowing this group to play as often as they want. Council Member Hornbuckle pointed out that most retirees are eligible for the senior rate. MOTION Eliminated Free Play A motion was made by Council Member Hornbuckle, seconded by for Retired City Council Member Erickson, to eliminate the complimentary play card Employees for retired City employees. AMENDED After brief discussion, Council Member Hornbuckle amended her MOTION motion, seconded by Council Member Erickson, to concurrently Rescinded Council rescind Council Policy 800-4. Responding to Council Member Policy 800-4 Erickson's request for clarification', Council Member Hornbuckle confirmed that this applied to Council Members as well. Substitute Motion Vice Mayor Humphrey made a substitute motion to continue the Died policy but limit the time of play to 10:0.0 a.m. on weekdays and that there be only one round permitted per week. The motion died for lack of a second. The amended motion carried 4-1, Vice Mayor Humphrey voting no. Mayor Genis introduced the next area of discussion, school team play, and asked about the free play offered to the Orange Coast College (OCC) team. Scott Henderson reported that OCC has never paid fees for team play; however, there was a policy to charge $3.00 per student for OCC golf classes. Mr. Henderson clarified that free team play applies to Costa Mesa High School, Estancia High School, Newport -Harbor High School, and Orange Coast College. MOTION A motion was made by Council Member Hornbuckle, seconded by Approved Team Play Council Member Buffa, to approve Exhibit F of the current contract Per Exhibit F as allowing for free play as outlined, with the exception that four Modified foursomes and two coaches shall be permitted, and clarifying that the policy is to waive fees for the opposing teams; also, limit the team play according to the contract, that is, from January 2 through May 29 of each year. Further discussion was held on the $3.00 fee per student for OCC golf classes; however, Council Member Hornbuckle decided not to address that in her motion. Scott Henderson brought up the point that team play sometimes extends beyond the May 29 date if a team is in the CIF playoffs. Council directed the Assistant to the City Manager to work out appropriate wording to address playoff games which would extend beyond the May 29 deadline. The Assistant to the City Manager asked if Council intended to allow four foursomes and two coaches for practice as well as matches. Council Member Hornbuckle replied that free play applies to both situations during the January 2 -May 29 period, and shall be extended for those teams who make it to the playoffs. The motion carried 5-0. MOTION Council Member Hornbuckle stated that since the current contract Adopted Policy for allows for junior rate passes of $25.00 per month, with playing Junior Rates times restricted to weekdays after 12:00 noon, she would move to allow this practice to continue and restrict those rounds to the Mesa Linda course. The motion was seconded by Council Member Erickson, and discussion ensued. Council Member Humphrey felt the passes should cost at least $30.00 or $35.00. The Assistant to the City Manager advised Council that the current contract allows for junior rates not specifically identified; however, it was her understanding that they would be the same as the senior rates. AMENDED Council Member Hornbuckle amended her motion to allow for MOTION/Modified junior rates at 50 percent of the greens fee for the Mesa Linda Policy for Juniors course as opposed to the monthly pass. Substitute Motion A substitute motion was made by Vice Mayor Humphrey, seconded Failed to Carry by Council Member Erickson, to provide a junior pass at a cost of $30.00 per month, restricting play to the Mesa Linda course. The substitute motion failed to carry 3-2, Council Members Genis, Hornbuckle, and Buffa voting no. In response to Mayor Genis's question, the Assistant to the City Manager reported that 9 -hole rates on weekdays are $12.00 at Los Lagos and $11.00 at Mesa Linda. SECOND Council Member Hornbuckle made a second amendment to her AMENDED motion, restricting junior rates to any student under 19 years of age MOTION residing in the City of Costa Mesa. The motion was seconded by Added Restriction for Mayor Genis, and carried 4-1, Council Member Erickson voting no. Junior Rates Council Member Buffa made a motion to retain the present policy on tournament play. The Assistant to the City Manager commented that staff is asking for direction on three major tournaments, and thereafter, Council Member Buffa withdrew his motion. Mayor Genis felt that providing 130 complimentary rounds for volunteers who assisted with the Costa Mesa City Championship was extremely high and asked how many volunteers were utilized. Scott Henderson stated that he intended to have his staff and PGA (Professional Golfers' Association) members run these tournaments with the help of a few individuals, such as Joe Costello, who has been involved with this activity for over 20 years. He did not anticipate having a large number of volunteers, probably about a dozen. Mr. Henderson also felt it was unnecessary to keep the course closed after tournament play concluded. Joe Costello, 9657 Dove Circle, Fountain Valley, spoke at length about the past practices of running the City Championship tournament with the help of the Men's Club and Women's Club. He felt it was appropriate to reward the tournament volunteers, and was 1 opposed to the course being open to the public on the day of the tournament. Mr. Costello requested that Council also address the "Toys. for Fairview" tournament. Council Member Buffa asked why the City Championship and the City/State/Chamber of Commerce tournaments were scheduled within weeks of each other. Dan Worthington, Golf Course Advisory Committee, reported that in the past, each volunteer received two rounds of free golf, a free golf cap, a free t -shirt, and free lunch. It was his opinion that volunteers should not be compensated. Mr. Worthington was opposed to any tournaments being played on weekends because it was unfair to those Costa Mesa residents who play golf. Council Member Hornbuckle expressed her gratitude to Mr. Costello for all the years he has chaired the City Championship. She suggested that Mr., Costello work with Mr. Henderson's group and perhaps improve, modify, or change tournament practices. Because MOTION she felt she needed more information, Council Member Hornbuckle Item on Tournament made a motion to continue the item on tournament play, with a Play Continued request to Mr. Henderson to provide a proposal making recom- mendations on how to run the three tournaments, using the expertise of his staff and Mr. Costello. Council Member Hornbuckle stated that the intent of the motion is to give Council some idea of the number of volunteers to be used in order to determine whether complimentary rounds would be a benefit, to provide some idea on timing, tournament fees, shutting down courses, and all of those items outlined in the Agenda Report. In addition, Council Member Hornbuckle asked for data on combining the City/State/Chamber of Commerce and "Toys for Fairview" tournaments. She also noted that the Agenda Report omits any reference to the City Junior Championship and asked if such a tournament still exists. The motion was seconded by Council Member Buffa. Mayor Genis requested information on the use of golf carts, food service, and other aspects of the operation, and how they balance out during tournament play. Council Member Buffa suggested that tournaments be scheduled further apart, especially if it is weekend play. Joe Costello advised Council that the City/State/Chamber of Commerce tournament is held during the week; and the schedule for the "Toys for Fairview" tournament can be adjusted. Vice Mayor Humphrey agreed with much of what Council Member Buffa said, and stated that it was his understanding that there is no loss of revenue, no City involvement, and no cost to the "Toys for Fairview" program, and that the only thing needed is guaranteed tee times relative to the people involved, without restricting that play to any group of any kind so there is no limitation to the public. The motion to continue the item. on tournament play carried 5-0. MOTION/Authorized A motion was made by Council Member Hornbuckle, seconded by Finalization of Mayor Genis, to authorize the City Manager's staff to negotiate and Certain Revisions finalize the revisions for all items except tournament play. AMENDED The City Manager asked Council to specify an effective date for the MOTION changes. Council Member Hornbuckle amended the motion to Designated April 1, designate an effective date of April 1, 1993, for the authorized 1993, as Effective revisions. The amended motion was seconded by Mayor Genis, and Date for Changes carried 5-0. MOTION/Authorized A motion was made by Council Member Buffa, seconded by Vice Free Rounds for Mayor Humphrey, stipulating that the current Council shall pay full Council for Business fee for golfing, unless City business is involved. Council Member Only Erickson opposed the free rounds for business purposes. The motion carried 4-1, Council Member Erickson voting no. Council Member Hornbuckle reported that in their last set of minutes, the Golf Course Advisory Committee had some discussion on the Council's philosophy as it relates to the golf course, — questioning whether the course is a recreational facility or simply a source for funds. She stated that her philosophy is that she considers the golf course to be a recreational facility that is now a source of funds, having never been in the past, and that these funds will benefit the entire community and the golfers. She felt this is an appropriate use for a City -owned facility. Mayor Genis stated that the reason she supported the junior and senior reduced rates was because the golf course has become a profit-making venture for the City, and she had trouble with the City making a profit off a retiree or a child in order to subsidize some other activity, particularly, other adult recreational activities. She commented that when the budget is reviewed, Council will be looking for full cost recovery on many other programs which should not be subsidized by golfers. RECESS The Mayor declared a recess at 9:55 p.m., and she reconvened the meeting at 10:10 p.m. NEW BUSINESS The City Clerk presented a request to process a General Plan GPA for Auto Club Amendment (GPA) from the Automobile Club of Southern California, for property at 3333 Fairview Road. During Oral Communications, Gilbert Collins, 3159 Sharon Lane, Costa Mesa, member of the Board of Directors for the North Costa Mesa Homeowners Association, submitted a letter to the City Clerk regarding the Automobile Club request. The City Clerk read the entire letter which contained comments from the Board. In essence, the letter stated that the existing facility has not presented any problems to North Costa Mesa; however, the Board is in hope that any land use .amendment will not deviate unreasonably from the densities described in newly adopted General Plan. The Deputy City Manager/Development Services, in summarizing the Agenda Report dated January 28, 1993, stated that the applicant's objective is to expand the existing Automobile Club Center from 467,000 to 967,000 square feet, which would require an Environmental Impact Report. He reported that the applicant has had a traffic study prepared which indicates there would be a substantial increase in traffic; however, compared to a multi -tenant complex, traffic could be considerably less. Council Member Hornbuckle asked if the letter from the North Costa Mesa Homeowners Association would be considered, and the Deputy City Manager responded that anyone affected by the project can make suggestions. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, agreed that the Automobile Club has been a good neighbor, but had many concerns with allowing an expansion of this magnitude. Nancy Palme, 1997 Kornat Drive, Costa Mesa, was in favor of allowing the applicant the opportunity to have the City study the 6i § grit k� i��t ''. j93 request, and suggested that the Automobile Club solicit input from the community. Paul Turigliatto, Automobile Club of Southern California, promised to work with staff to have an Environmental Impact Report prepared and to work with the homeowners to discuss the project. MOTION A motion was made by Council Member Buffa, seconded by Council Request Approved Member Erickson, to approve the request from the Automobile Club to process a General Plan Amendment. Mayor Genis was concerned about increasing the trip budget, and suggested that the Automobile Club investigate opportunities for transfer of density or development rights. Council Member Erickson suggested that the applicant and staff work on reducing peak -hour trips. The motion carried 5-0. CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORT Government Code Section 54956.9(a) to discuss the cross-complaint Request for Closed of Orville Amburgey in Tim Green V. Orville Amburgey, et al., Session re Tim Green Orange County Superior Court Case No. 63-93-04. Mayor Genis Lawsuit announced that closed session would be held after regular business has been completed. COUNCIL Council Member Erickson commended the Community Services COMMENTS Department and City Manager's staff for working with the Newport - Mesa Unified School District in getting the Costa Mesa High School Staff Commended facility restored in time for the start of the Little League season. Budget Cuts Mayor Genis stated that in light of every City department facing budget cuts, she was disappointed that certain departments occasion- ally lobby the public to retain their programs, possibly at the expense of other departments' programs. She reminded the public that they may meet a person from a certain department on a regular basis and feel that their programs are very essential; however, there are other programs equally essential and important. The Mayor reminded all City departments that everyone is in this together. ADJOURNMENT TO At 10:40 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the Tim Green lawsuit. MEETING The Mayor reconvened the meeting at 11:00 p.m., and the action RECONVENED taken during closed session was announced. Amburgey Cross- By a vote of 5-0, the Amburgey v. City cross-complaint in Tim Complaint in Tim Green v. Orville Amburgey, et al., Orange County Superior Court Green Lawsuit, Case No. 63-93-04, was continued to February 16, 1993, to consider OCSC No. 63-93-04 the settlement offer by Amburgey; and authorization was given for MOTION an interim defense and retention of an outside attorney to receive a Continued to confidential opinion on the cross-complaint and settlement offer for February 16, 1993 discussion on February 16, 1993. ADJOURNMENT The Mayor declared the meeting.adjourned at 11:05 p.m. Mayor of the City of Costa. Mesa ATTEST: City Clerk of the City of Costa Me