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HomeMy WebLinkAbout04/05/1993 - City CouncilJ3 V REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 5, 1993 The City Council of the. City of Costa Mesa, California, met in regular session April 5, 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 Pastor Cliff Rapp, Orange Coast Free 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 Assistant Development Services Director/Planning Manager Perry Valantine Transportation Services Manager Peter Naghavi City Clerk Eileen Phinney MINUTES On motion by Council Member Buffa, seconded by Council Member March 15, 1993 Erickson, and carried 4-0, Vice Mayor Humphrey abstaining, the minutes of the regular meeting of March 15, 1993, were approved as distributed. ORDINANCES AND A motion was made by Council Member Hornbuckle, seconded by RESOLUTIONS Council Member Buffa, and carried 5-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Carl Bureman, 447 Princeton Drive, Costa Mesa, member of the CATIONS Cable Television Committee, announced that the next public hearing to be conducted by the Committee will be held on April 7, 1993, at Cable TV Public 7:00 p.m.', at the Neighborhood Community Center, 1845 Park, Hearing Avenue, Costa Mesa, to receive public comments on services provided by Copley/Colony Cablevision. Request for Anthony Starns, a homeless member of the community, asserted that Solicitation the City Code denies him the right to earn a living by soliciting Permit funds on street corners. He reported that he met with the Assistant to the City Manager, Rick Pickering resulting in a peace -making decision. He requested a solicitation permit. The City Manager clarified that Mr. Starns was advised that he has the right to apply for a solicitation permit; however, he must meet the requirements of j that permit, including establishment of a nonprofit status. Jim Jones Comments Jim Jones, 2004 Calvert Avenue, Costa Mesa, spoke on several subjects: '(1) commended the City's Finance Director on her fine work and condemned a local newspaper on its article regarding the Director's expenses; (2) commented that the City budget could be reduced by -selling the Veterans Hall,property and moving the_police substation to Shalimar Drive; (3) suggested moving the historical [1 Society to City Hall; (4) recommended installation of sidewalks on the". -west side;, (5), expressed displeasure with the Planning Commission- for "not responding to a James Street property owner's request for alley improvements; (6) recommended improving the traffic flow from the 405 Freeway to South Coast Plaza; and (7) reported that on April 14, 1993, the Army Corps of Engineers will be holding.a meeting at Estancia High School to discuss improving the banks of the Santa Ana River. The City Manager responded that staff has been attempting to meet with James Street and Shalimar Drive homeowners on improving these private alleys; however, the Planning Commission is not involved with this process. Nuisance on Emma Batham, 1103 El Camino Drive, Costa Mesa, spoke at length El Camino Drive about the drug dealing, overcrowding, and other illegal activities at .1022 El Camino Drive. She reported that laundry rooms are being used to hide drugs, and recommended that the owner of the property be required to. provide locks for laundry room doors, and to construct a wall on the site. The City Manager advised Ms. Batham that the situation has been brought to his attention and action is being taken to resolve the problems. 4 •' 1j- 137 Roy ' Andreen, 2769 Cibola Avenue, Costa Mesa, President of the Mesa del Mar Homeowners Association, also voiced concern about illegal activities and overcrowding in the vicinity of El Camino Drive. Mayor Genis responded that State law establishes the number of people allowed to occupy a residential unit, and if the number. of occupants exceeds that allowed by State law, the City can proceed with enforcing the law through its Code Enforcement Division. "Run for the. Green" Linda Dixon, 260 Princeton Drive, Costa Mesa, thanked Council for allowing - Costa Mesa High School .to conduct its "Run for the Green" on May 1,. 1993, at the Harbor. Gateway Center. She also thanked two City employees for their assistance: Senior Code Enforcement Officer Sandra Benson, and Police Officer Cohen. Ms. Dixon invited Council Members .to participate in the event. CONSENT The following items were. removed. from the Consent Calendar: CALENDAR Items 15 and 15(a), agreement and resolution, respectively, for sharing costs with the State of California for traffic signals on State v Highways within the . City of Costa Mesa. On motion by Vice Mayor Humphrey, seconded by Council Member Hornbuckle, 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 READING FOLDER On motion by Vice Mayor Humphrey., seconded by Council Member Hornbuckle, and carried 5-0, .the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Brenda Arnett; Richard A. Chavez; Barbara Flanagan on behalf of Joseph R. Flanagan, a minor; Marilyn E. Lazorek; Ronald F. Moss; and Steve Myers. Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been approved Licenses by the Planning staff: James W. and Kelli L. Wedgeworth, doing .business as Balloons Unlimited, 1835 Whittier Avenue, Suite A-5; i GHMB, Inc., doing business as Beverly Heritage Hotel, 3350 Avenue of the Arts;' FD 50, Inc., doing business as Fast Freddys, 2949 Fairview Avenue; Duk Heo and Sang Gun Lee, doing business as Minute King Market, 2052 Newport Blvd., Units 1 and 2; Hossein H. - M. and Manizheh Arab, doing business as Nedas Food Market, 1934 Harbor Blvd.; and Richard A. Doria, doing business as Original Haus of Pizza, Inc., 1500 Adams Avenue, No. 108. Consideration for Resolution from the City of San Clemente asking citizens to Others respect the similarities and differences of all people. El Toro Marine Resolution from the City of Mission Viejo opposing the proposed Air Station closure of the Marine Corps Air Station at El Toro (MCAS) and any efforts to convert El Toro MCAS into a commercial airport. Coastal Commission Letter from the City of Imperial Beach requesting a resolution be adopted supporting its position that interim ordinances are not subject to the California Coastal Commission. SET FOR PUBLIC 'On motion by Vice Mayor Humphrey, seconded by Council Member HEARING Hornbuckle, and carried 5-0, the following item was set for public GP -93-01 and hearing on April 19, 1993, at 6:30 p.m., in the Council Chambers R-93-01 of City Hall: General Plan Amendment GP -93-01 and Rezone City of Costa Mesa Petition R-93-01, City of Costa Mesa, amending the General Plan relative to land use'mapping, zoning consistency, and specific land MOTION use amendments to recognize existing use and/or zoning, and Hearing Set for rezoning specific sites to obtain consistency with the General Plan. April 19, 1993 Environmental Determination: Negative Declaration. MOTION i On motion by Vice Mayor Humphrey, seconded by Council Member Warrant 1542 and Hornbuckle, and carried 5-0, Warrant Resolution 1542, funding City Payroll 9305 operating expenses for $1,038,229.63; and Payroll 9305 for Approved $1,163,112.14, were approved. REJECTED CLAIMS 'On motion by Vice Mayor Humphrey, seconded by Council Member Hornbuckle, and carried 5-0, the following claims were rejected: Compas Claim from Mike `Compas (reimbursement for vehicle damage caused by G & W Towing). Cooper Claim from Peter Cooper (alleged civil rights violation by Costa Mesa police). Fonseca Claim from Frank Fonseca (Little League baseball hit from TeWinkle Park broke his vehicle's windshield). Jamison Claim from John W. Jamison (loss of rental income because of derogatory remarks made about the neighborhood by police personnel). Miller Claim from Michael R. Miller (paint damage to home allegedly caused by swarming termites after City park was sprayed). Ready Claim from Mary Ann Ready (football thrown from Lions Park broke her vehicle's headlamp). Foster On motion by Vice Mayor Humphrey, seconded by Council Member Hornbuckle, and carried 5-0, the claim from Brian Foster (police vehicle drove through roadway debris causing debris to hit and damage his vehicle's .windshield), was withdrawn. 1 ADMINISTRATIVE On motion by Vice Mayor Humphrey, seconded by Council Member ACTIONS Hornbuckle, Resolution 93-21, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Landscaping INITIATING PROCEEDINGS FOR RENEWAL OF CITY OF Assessment District COSTA MESA' LANDSCAPING ASSESSMENT DISTRICT No. 1 NO. 1, Tracts 9901 and 12011, located south of Sunflower Avenue and east of Smalley Road, was adopted by the following roll call MOTION vote: Resolution 93-21 AYES: Genis, Humphrey, Hombuckle, Adopted Buffa, Erickson NOES: None ABSENT: None Landscaping On motion by Vice Mayor Humphrey, seconded by Council Member Assessment District Hornbuckle, Resolution 93-22, A RESOLUTION OF THE CITY No. 2 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INITIATING PROCEEDINGS FOR RENEWAL OF CITY OF MOTION COSTA MESA LANDSCAPING ASSESSMENT DISTRICT Resolution 93-22 NO. 2, Tract 10513, located at the northwest corner of Bear Street Adopted and the Corona del Mar Freeway, was adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None Measure "M" Projects The Public Services Director recommended adoption of a resolution approving submittal of Measure "M" Regional Surface Transportation Program projects, including the addition of Sunflower Avenue, to the previously approved Measure "M" Five-year Capital Improvement Program. On motion by Vice Mayor Humphrey, MOTION seconded .by Council Member Hornbuckle, Resolution 93-23, A Resolution 93-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Adopted 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, was adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None 1993-94 SB -821 The Public Services Director recommended adoption of a resolution Bicycle and applying for Senate Bill 821 funds for bicycle and/or pedestrian Pedestrian Funds facilities for fiscal year 1993-94, and designating the Transportation Services Manager as the City's authorized signatory and contact MOTION person for the program. On motion by Vice Mayor Humphrey, Resolution 93-24 seconded by Council Member Hornbuckle, Resolution 93-24, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB -821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN, was adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None r : A-40 Agreement with DGA Consultants Design of Iowa Street Storm Drain MOTION Agreement Approved License Agreement with Southern California College MOTION Agreement Approved Agreement with Pacific Bell Public and Semi - Public Telephones MOTION Agreement Approved The Public Services Director recommended approval of an agreement with DGA Consultants, Incorporated, 2130 East 4th Street, Suite 100, Santa Ana, for $8,984.00, to design the Iowa Street storm drain. On motion by Vice Mayor Humphrey, seconded by Council Member Hornbuckle, 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 City Manager recommended approval of a License agreement with Southern California College, 55 Fair Drive, for use of the easterly Civic Center parking lot during commencement exercises on May 8, 1993. On motion by Vice Mayor Humphrey, seconded by Council Member Hornbuckle, the agreement was approved, and the City Manager was 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 Communications Director requested approval of a Space Use Agreement for Public Telephones with Pacific Bell, 39 Beta Court, San Ramon, changing the status of 2 of the 11 semi-public phones to public phones, making a total of 10 public phones and 9 semi- public phones in City facilities. .On motion by Vice Mayor Humphrey, seconded by Council Member Hornbuckle, the agreement was approved, and the Communications Director was 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 Cost Sharing/Traffic Items 15 and 15(a) on the Consent Calendar were presented: Item Signals on State 1.5, An agreement with the State of California Department of Highways within the Transportation, providing for the City to pay 100 percent of City electrical energy costs for traffic signals within the City which are a part of the State highway system, and for the State to pay 100 percent of repair and maintenance costs for these same signals; and 15(a) A resolution approving the cost sharing. Mayor Genis voiced her concern about this agreement because of recent indications that energy costs and energy taxes will be increased. She recommended continuing this item until further information could be obtained. Vice Mayor Humphrey had the same concerns and wanted additional MOTION 'data.. On motion by Vice Mayor Humphrey, seconded by Council Removed from Member Hornbuckle, and carried 5-0, these items were removed Agenda from the Agenda and referred to staff to obtain additional information on long-term costs, benefit ratio, other options, and other traffic signals in the City that fall into this category. PUBLIC HEARING The City Clerk announced the public hearing, continued from the R-92-06 for Site N meeting of February, 1, 1993, for Rezone Petition R-92-06, to change the zoning of Site N, 2490 Fairview Road, in 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. . �I� Y 'i Five communications were received by the City Clerk. A letter from the law offices- of McClintock, Weston, Benshoof, Rochefort, Rubalcava and MacCuish, 444 South Flower Street, Los Angeles, representing the property owner, Exxon Corporation, recommending a land use designation of Neighborhood Commercial and Commercial Limited zoning. Four letters supporting retention of the existing land use designation of High Density Residential were received from Costa Mesa residents James Michael Coggeshall, 161 Fairhaven Lane; Dan E. Curtis, 163 Fairhaven Lane; Lou Fanelli, 24.86 Fairview Way; and Jan Grenert, 191 Fairwinds Lane. Council Member Hornbuckle reported that Council received a post card from Don MacDonald, 170 Fairhaven Lane, Costa Mesa; and a packet of information from Franklin Cole, 2482 Fairview Way, Costa Mesa. The Assistant Development Services Director/Planning. Manager gave a brief review of ,the Agenda Report dated March 24, 1993) and described the property as , a one -half -acre site located at the southeast corner of F54- air Drive and Fairview Road, which currently contains an abandoned service station. He stated that the Planning Commission's recommendation was to process a General Plan Amendment to change the land- use designation from High Density Residential to Neighborhood Commercial, and to rezone the property to AP (Administrative and Professional District). Franklin Cole, 2482 Fairview Way, Costa Mesa, representing the Fairview Village Homeowners Association, gave a slide presentation showing the subject property and provided a brief history of the site, indicating that it contained a service station since 1963. Mr. Cole reported that he requested information from Orange County on possible contamination of the area; however, that data has not been received as yet. He expressed concern that if the land use designation were changed as recommended, a more intense use than a neighborhood service station may be approved. He urged Council to retain the High Density Residential land use designation, and to change the zoning to one that is compatible with that land use. Martha Schreiber, law offices of McClintock, Weston, Benshoof, Rochefort, Rubalcava and MacCuish'444 South Flower Street, Los Angeles, representing Exxon Corporation, summarized the letter from her law firm dated April 1, 1993, which outlined Exxon's position that the most appropriate zoning for the site is Commercial Limited, with a. land use designation of Neighborhood Commercial. There being no other speakers, the Mayor closed the hearing for public comments. Brief discussion ensued regarding the Floor Area Ratios permitted for the uses being considered, and an estimate of the traffic each use would generate. MOTION A motion was made by Council Member Buffa, seconded by Vice Retained High Mayor Humphrey, and carried 5-0, to retain the General Planland Density Residential; use designation of High Density. Residential, and to rezone to R3. Authorized Rezone to Vice Mayor Humphrey referred to past discussions on land R3 exchanges for park space, and suggested that the subject site may be a parcel to consider. After discussion regarding possible land contamination, Council Member Hornbuckle requested the City Manager to have his staff investigate the extent of contamination at Public Hearing the site so that a determination can be made on whether or not clean - Continued to up is required. (The continued public hearing will be scheduled for April 19, 1993 April 19, 1993, for first reading of an ordinance to rezone to R3.) 4h142 j Mayor Genis spoke about the sign clutter at Site N, particularly those signs advertising events at the Anaheim Convention Center. She reported that the Center has not cooperated with the City's Code Enforcement staff on this matter. The Mayor recommended a possible amendment to the Sign Ordinance to prohibit these types of signs. PUBLIC HEARING The City Clerk announced that this was the time and place set for Appeal of PA -89- the public hearing to consider an appeal of the Planning 07A2 Commission's denial of Planning Action PA -89-07A2 from Kevin McConnell/Diedrich McConnell, Diedrich :Coffee, authorized agent for Martha F. Coffee Benvenuti, 474 East 17th Street, Suite 204, Costa Mesa, for an amendment to a Planned Signing Program to allow an additional pole sign 60 feet from the existing pole sign (150 feet required), at 4'68 and 474 East 17th Street in a Cl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the City Clerk's office. No communications were received. The Assistant Development Services Director/Planning Manager summarized the Agenda Report dated March 26, 1993, which details background information for signage at the subject site. Don Holly, 2020 Federal Avenue, Costa Mesa, Vice President of Operations for Diedrich Coffee, stated that the business has been at this site for five years; however, there has been a drop in sales recently and he felt it was because residents of the City are unable to find the coffee house, and additional signage on 17th Street would resolve that problem. Steve Lupinacci, 26031 Via Arboleda, San Juan Capistrano, Officer of Diedrich Coffee, reported that there is a need for additional signing because of the intense competition, naming four other coffee house businesses in the area. Martin Diedrich, 621-1/2 West Bay Avenue, Balboa, gave a history I f the family business, and requested approval of the proposed sign in light of the competition which exists in the community . He believed that the additional signage would increase business, and therefore, benefit the community. During discussion regarding other alternatives, Don Holly stated that Wendy's was not interested in combining signs. Mayor Genis commented that a finding of special circumstance is required for 'approval of a variance; and asked if the applicant could provide that ;type of information. Mr. Holly could not. ,There being no other speakers, the Mayor closed the public hearing. MOTION ;Council Member Erickson stated that there were no legal findings to PA -89-07A2 Denied !support approval, and made a motion to uphold the Planning Commission's denial of the application. The motion was seconded by Mayor Genis, and further discussion ensued. Council Member Buffa opposed the motion because he felt the request was reasonable: Council' Member Hornbuckle supported the motion because there were no grounds for a variance. The motion to deny carried 3-2, Council Members Humphrey and Buffa voting no. PUBLIC HEARING The City Clerk announced that this was the time and place set for Appeal of C-32-67 the public hearing to consider an application from Nabers Cadillac, and PA -88-134 Incorporated, appealing the Planning Commission's decision for Nabers Cadillac 'Conditional Use Permit C-32-67, for construction and operation of a new car - agency (Cadillac); and Planning Action PA -88-134, a Conditional Use Permit to allow expansion of an existing auto dealership to add, Buick, with a variance from side setback requirements, for Nabers Cadillac/Buick, 2600 Harbor Boulevard, in a C1 zone. Environmental Determination: Previously adopted Negative Declaration. The Affidavit of Mailing is on file in the City Clerk's office. No communications were received. The Assistant Development Services Director/Planning Manager reviewed the Agenda Report dated March 26, 1993, which indicates that the Planning Commission hearing was held in response to homeowners' complaints regarding a lack of privacy because of employees and customers using the rooftop parking. He reported that in light of these complaints, the Planning Commission amended Condition of Approval No. 3 to read: "Install a permanent four -foot high fence set back, 10 feet .from the edge of the building along the south and east sides'.pftithe rooftop parking closest to the residential property to the south, continuing in a straight line to the western edge of the building. The fence shall be constructed of the same material and be of the same design as the fence /guardrail existing on the south edge of the parking structure. Working drawings showing this shall be submitted to the Building and Planning Divisions within two weeks of Planning Commission action; permits shall be obtained and construction shall be complete within six weeks of Planning Action. Access to the blocked area shall be permitted for roof maintenance purposes only". Richard Nabers, Nabers Cadillac, spoke at length about his attempts in the past years to meet with the neighbors to resolve any problems that may be caused by his car dealership. He mentioned that he had constructed a solid wall which he felt would preserve the privacy of the neighbors; however, the City insisted that the permit required a wrought iron fence. Mr. Nabers reported that he provided plants for the rooftop as required by Council, and after some of them died, he replaced them. He felt that the new plants would grow large enough to provide an adequate buffer, and he opposed the condition requiring that he construct another wall..,. Mayor Genis referred to 1988 Planning Commission minutes which indicate that the representative for Nabers Cadillac stated that the second level would be used for vehicle storage only. Mr. Nabers, responded that he would not have constructed a staircase if the intent was merely to store vehicles. Don Partch, 2321 Boxwood Place, Tustin, General Manager of Nabers Cadillac, supported the appeal of Mr. Nabers, and contended that ' if - time were allowed for the plants to, grow, a wrought iron fence with a 10 -foot setback would not be required. He offered to install additional plants if Council felt that would help the situation. Carl Bureman, 447 Princeton Drive, Costa Mesa, gave background information on the disagreements between the residents and Nabers Cadillac since 1978, and supported the Planning Commission's amended Condition of Approval. Paul Engard, 448 Princeton Drive, Costa Mesa, complained about the noise from the dealership's air compressors, and stated that Mr. Nabers indicated that the upper level would be used for storage only. Bud Lengtat, 432 Princeton Drive, Costa Mesa, understood that the noisy compressors would be removed. He suggested that vehicle 143 ns1'Ad storage be prohibited until the foliage is fully grown, or a fence installed as recommended by the Planning Commission. Richard Nabers responded to remarks made by Mr. Bureman about problems which existed many years ago, and answered questions from Council. There being no other speakers, the Mayor closed the public hearing. MOTION Vice Mayor Humphrey made the following motion: (1) The planters Approved Conditional shall be increased in their density of plants within a reasonable time Use Permits and frame as determined by staff; (2) A temporary barrier (not Amended a Condition concertina wire) shall be provided which prohibits people from getting to the fence side of the planters; and (3) Continue the condition of restricted parking along that 16 -foot strip. The motion was seconded by Council Member Hornbuckle, after which she asked the Vice Mayor to incorporate into the motion a four-month time limit for Mr. Nabers to complete the project, and to direct staff to work with Mr. Nabers to resolve any problems. Vice Mayor Humphrey agreed. Council Member Buffa asked for clarification of the first item of the motion regarding an increase in the number of planters and/or plants. Vice Mayor Humphrey responded that he wants the applicant to install more plants. The motion carried 5-0. RECESS The Mayor declared a recess at 9:10 p.m., and reconvened the meeting at 9:25 p.m. PUBLIC HEARING The City Clerk announced that this was the time and place set for Accessibility Survey the public hearing to receive comments on the Accessibility Survey and Report for the and Report for the Costa Mesa Civic Center. The Affidavits of Civic Center Mailing and Publishing are on file in the City Clerk's office. No communications were received. The City Attorney summarized his Report No. 93-23A dated March 19, 1993, stating that the Accessibility Survey and Report was completed by the City's consultant, SGPA Architecture and Planning, 1545 Hotel Circle South, Suite 200, San Diego, and identifies facilities at the Civic Center which do not comply with the American with Disabilities Act (ADA) or California Title 24 Accessibility Standards. He pointed out that the report contains a cost estimate of $929,330.00 to make the corrections; however, these costs may be reduced after Council has had the opportunity of reviewing additional reports which staff is in the process of obtaining, one being a Program Evaluation Study. The City Attorney referred to Exhibit "A" of his report, a schedule for compliance, which indicates that the continued public hearing will be scheduled on June 21, 1993, to consider both the Accessibility Survey and Report and the Program Evaluation Report. In response to Council Member Hornbuckle's inquiry regarding acceptance of written comments, the City Attorney stated that the report is available at the libraries and in the City Clerk's office; therefore, the public can read it and provide comments either orally at the public hearings or in written form. There being no speakers, the Mayor closed the public comment portion of the hearing. Council Member Hornbuckle requested confirmation that funds had been budgeted to upgrade parks and play equipment. The City Manager responded affirmatively, reporting that this issue emphasizes the importance of this process since an entire park site may have to be renovated in order to make the play equipment accessible to the disabled. He stated that there are not enough funds to renovate entire park sites to provide such access, but staff will be discussing whether or not there is appropriate interpretation of the Codes, whether there are other options, and whether this can be integrated via long-term goals. Council Member Hornbuckle commented that' any park equipment in urgent need of repair should be renovated as soon as possible. MOTION On motion by Council Member Buffa, seconded by Council Member Continued to Erickson, and carried 5-0, the public hearing was continued to June June 21, 1993 21, 1993. PUBLIC HEARING The City Clerk announced that this was the time and place set for Weed Abatement the public hearing for a resolution instructing and authorizing the Fire Chief or his designee to proceed with the removal of weeds and rubbish. The City Manager referred to the Fire Marshal's Agenda Report dated March 9, 1993, stating that this was the time to receive protests from property owners identified as having property requiring weed abatement. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Vice Mayor Resolution 93-25 Humphrey, Resolution 93-25, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INSTRUCTING AND AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE TO PROCEED WITH THE REMOVAL OF WEEDS AND RUBBISH, was 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 March 15, 1993, Administration of second reading and adoption of Ordinance 93-8, amending or City Government repealing certain 'sections in the Municipal Code relating to administration of City government. The City Attorney reported that this is clean-up legislation as reported at the Council meeting of March 15, 1993. Discussion ensued regarding the changes requested by Council on March 15, and the City Attorney reaffirmed the following amendments: First Page of Ordinance 93-8, Section 2-62, the seventh line will read "shall limit his or her remarks to the time specified by resolution of the City Council", deleting "three (3) minutes"; and wherever shown,. "Councilman," shall be replaced by "Council Member". MOTION On motion by Council Member Hornbuckle, seconded by Council Ordinance 93-8 Member Buffa, Ordinance 93-8, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING OR REPEALING SECTIONS 2-62,2-156,2-249, 2-262, 2-269, AND 2-312 OF THE COSTA MESA MUNICIPAL CODE RELATING TO ADMINISTRATION OF CITY GOVERNMENT, including the above-mentioned changes, 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 March 15, 1993, Surplus Property at disposition of surplus City property at the northeast corner of East 17th Street and 17th Street and Newport Boulevard; and a draft Request for Proposal Newport Boulevard (RFP). MOTION Approved Draft RFP with Amendments The City Manager reviewed the Agenda Report of March 31, 1993, which responds to that which the Council felt was appropriate for disposition of the subject property. He referred to the draft Request for Proposal which provides for (1) purchase of the site; (2) lease of the site; (3) lease/purchase of the site; or (4) exchange for other real property advantageous to the City's park and recreation system. Council Member Buffa suggested that Requirement No. 3 of the RFP be clarified to specify that a preliminary planning review by the Development Services Department does not in any way guarantee project approval. The City Manager pointed out that the RFP has a requirement for an $8,000.00 good faith deposit by each bidder; and the money would be returned to bidders not selected, or if all bids were rejected. James Person, 507 - 29th Street, Newport Beach, representing Brennen Cassidy, M.D., principal of the Emergicenter at 131 East 17th Street, Costa Mesa, was concerned with the date specified in Requirement No. 2, that bids must be received by May 7, 1993. He stated that because he is in the process of conducting feasibility studies concerning certain easements, he felt he may not be able to submit a bid within this time frame. He suggested an additional 30 days so that bids would be due by June .7, 1993. Referring to Requirement No. 3, he reported that he has shared information with staff on a particular project which will require a setback variance on one side, and believed the variance would be necessary to make the project viable. In light of this information, he felt it would be best that he submit an application during this period of time so that a viable project would have been approved prior to submitting a final bid. The City Attorney reported any bidder can submit a project now, the only issue being that once an application is accepted, the project would be deemed approved if no action were taken within a certain amount of time. Mr. Person was willing to waive any legal requirement regarding that issue. A motion was made by Council Member Buffa, seconded by Council Member Erickson, approving the draft Request for Proposal, and directing staff to proceed with the following modifications: amend Requirement No. 3 to indicate that an application complying with City Code can be accepted for processing; and amend Requirement No. 2 to specify that bids must be received by June 7, 1993. AMENDED At the request of Council Member Hornbuckle, Council Member MOTION Buffa amended the motion to add another amendment to Added Additional Requirement No. 3 stipulating that acceptance of a bid does not Amendments to RFP guarantee approval of a proposed project; and amending Requirement No. 1 by adding, "the City may elect to reject all bids and return all deposits". Mayor Genis stated that she would support the motion, but preferred either a lease purchase or an exchange for other real property. The amended motion was seconded by Council Member Erickson, and carried 5-0. 1 OLD BUSINESS The City Clerk presented from the meeting of March 15, 1993, United Children's Notice of Intention to Appeal or Solicit for Charitable Purpose from Fund Solicitation United, Children's Fund, 7601 Woodwind Drive, Huntington Beach, Permit by soliciting funds from March 9, 1993, to March 8, 1994. -147 pi4 7 The Assistant Development Services Director/Planning Manager reported that 25 percent of the money collected will be paid to Maple Leaf Marketing who. will actually do the solicitation; 25 percent will be used to print the coupon book; and 50 percent would be retained by the United Children's Fund. He noted that Council continued this item . from the last meeting to obtain further information on the expenditure of the remaining 50 percent earmarked for the charity. Jerry Kaufman, Program Coordinator for United Children's Fund, 1635 East Ocean Boulevard, Suite A5, Long Beach, responded to questions from Council Member Humphrey by reporting that the 50 percent collected by the charity is deposited into its general coffers, and approximately 93 to 94 percent of that money is applied directly to children's services, and overhead costs are approximately 7 percent. He provided a financial statement and a grants/donation list, and stated that the financial statement shows that of the total revenue received last year, approximately 63 percent went directly to children's services. Considerable discussion ensued during which questions were raised as to the actual percentage of money given to various charities; the reason for donating to larger charitable organizations who do their own fund-raising; and the amount of grant funds given to Costa Mesa and/or Orange County charities. At the request of the Mayor, Mr. Kaufman submitted a 1991 audit for Council's inspection. Council Member Buffa suggested that staff contact some of the larger national organizations on the grants/donation list to determine the applicant's participation with them. Mr. Kaufman stated that he had copies of letters of acknowledgement for Council to review. MOTION A motion was made by Council Member Buffa, seconded by Mayor Continued to Genis, and carried 5-0, to continue this item to the meeting of April April 19, 1993 19, 1993, so that staff can review the documents submitted this evening and obtain input from the larger charitable organizations for their feedback. The City Manager felt it would not be necessary for Mr. Kaufman to be present at the next meeting unless information which only he can present would be required. NEW BUSINESS The City Clerk presented a resolution repealing Specific Plans Specific Plans SP -76-01 (Victoria Street), SP -76-03 (Fairview Road/Sunflower SP -76-01, SP -76-03, Avenue/South Coast Drive), SP -82-01/01A (Bristol Street), and SP -82-01/01A, and SP -85-0.1/01A (1600 block of Newport Boulevard). Environmental SP -85-01/01A Determination: Exempt. The Assistant Development Services Director/Planning Manager summarized the Agenda Report dated March 24, 1993, reporting that the Planning Commission recommended that these specific plans be repealed because they have either accomplished that which was intended or they are in conflict with the current General Plan. He pointed out that SP -85-01/01A is quite different from the other plans because none of its objectives have been accomplished. MOTION A motion was made by Council Member Hornbuckle, seconded by Resolution 93-26 Vice Mayor Humphrey, adopting Resolution 93-26, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING SPECIFIC PLANS SP -76-01, SP -76-03, SP -82-01/01A AND SP -85-01/01A, and directing that the properties in Specific Plan SP-85-01/O1A be included in the Newport Boulevard Specific Plan. 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 a request from Orange Coast College for Orange Coast College street closures for its Annual Tribute Walk/Run on April 24, 1993. Walk/Run The City Manager referred to the Agenda Report of April 1, 1993, noting that the applicant was advised that the City does not donate police services, and these services will be provided on a contractual basis. He stated that all other conditions have been met and recommended approval of the request. MOTION Street Closures On motion by Vice Mayor Humphrey, seconded by Council Member Approved Buffa, and carried 5-0, the request was approved. NEW BUSINESS The City Clerk presented a modification to the "Building, Housing Boards of Appeal and Fire Code Board of Appeals" membership; and creation of an "Accessibility Standards Compliance Board of Appeals". The City Attorney reported that based on several meetings with the Deputy Attorney General, a memorandum was prepared by the Development Services Department dated March 25, 1993, recommending that the City's current "dual purpose" Board of Appeals be modified to more correctly reflect the appeals boards as designated in the various codes. He recommended formation of two boards having five nTembers each: (1) Building, Housing, and Fire Code Board of Appeals; and (2) Accessibility Standards Compliance Board of Appeals. The City Attorney explained the composition of the membership and duties of each board per his memorandum. MOTION A motion was made by Vice Mayor Humphrey, seconded by Mayor Authorized Two Genis, and carried 5-0, amending the responsibilities and Boards of Appeal membership of the current "Building, Housing and Fire Code Board of Appeals"; creating an "Accessibility Standards Compliance Board of Appeals", and directing staff to commence open recruitment to fill these positions. CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORTS Government Code Sections 54956.8, 54956.9(a), and 54956.9(b)(1) Request for Closed to discuss the following items: City of Costa Mesa v. Jean-Paul Session: d'Elia; d'Elia, Orange County Superior Court Case No. 68-15-91; Bernard Rubio; and Wickes Rubio v. City of Costa Mesa, et al., Orange County Superior Court Furniture Case No. 70-31-58; and negotiations regarding the Wickes Furniture property. Mayor Genis announced that closed session would be held after completion of regular business. CITY MANAGER The City Manager announced that he would not be participating in REPORT closed session discussion on the Bernard Rubio lawsuit in that he is Rubio Lawsuit the Administrative Hearing Officer in this matter, and should the issue be referred back to him by Council for consideration, it would be inappropriate for him to be present during Council discussion. City Clerk Earlier in the meeting, after conclusion of Old Business, Hank Commended Panian, 436 Swarthmore Lane, Costa Mesa, announced that this was 149 the last Council meeting for Eileen Phinney, City Clerk. He commended her for her work during the many years with the City. The City Manager, during City Manager Reports, and each Council Member, during Council Comments, complimented Ms. Phinney for her dedication to the City and for her many years of work as City Clerk. Ms. Phinney thanked everyone for their tributes. COUNCIL Council . Member Erickson stated that he attended a meeting the COMMENTS previous week at St. Joachim Catholic Church regarding clean-up of long-term problems on Shalimar Drive. He reported 350 people Shalimar Drive attended, and one request was that the City provide an aggressive Clean-up enforcement program in the area. He was asked to bring that request to Council and report on. -any progress which has been made within 60 days. Council Member Erickson stated that it would be helpful to the Development Services Director and his department if Council would discuss giving authorization to the Code Enforcement Division and the Redevelopment Agency to work on some of the strategies they have been formulating. He expressed his pleasure with the involvement of the residents to resolve this problem. Cable TV Meeting Council Member Erickson repeated an earlier announcement by Carl Bureman that the Cable Television Committee will be holding its second public hearing on April 7, 1993, at 7:00 p.m., at the Neighborhood Community Center. He stated that the City Attorney will be attending that meeting and reporting back on how, the Federal Communications Commission's (FCC) new regulations regarding cable rates will affect Costa Mesa residents. Teen Center Council Member Hornbuckle reported that she attended the opening of the SOY Teen Center at Rea Community Center and was enormously pleased with the community support and the job that has been done to convert the rooms into a usable teen center. She encouraged citizens to volunteer some time for tutoring and general assistance, and announced that games and athletic equipment are also needed. She thanked Council Member Erickson for his efforts in making this project a reality, and also thanked the parents and teenagers for their outstanding work.; "Volunteer Council Member Hornbuckle announced that in Orange County, Recognition Day" April 17, 1993, has been declared "Volunteer Recognition Day"; and in the City of Costa Mesa, a volunteer fair will be held at Triangle Square from 10:00 a.m. to 4:00 p.m. She reported that 23 or 24 organizations will set up displays and make opportunities available to the citizens to volunteer their time and services. Park Clean-up Day Mayor Genis announced that April 24, 1993, has been designated as a park clean-up day. She noticed that in the City of Lawndale, an entire week was dedicated to park clean-up. 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 items under City Attorney Reports. MEETING The Mayor reconvened the meeting at 11:20 p.m., and the action RECONVENED taken during closed session was announced. d'Elia Lawsuit By a vote of 5-0, Council accepted the settlement offer in City of Costa Mesa v. Jean-Paul d'Elia, Orange County Superior Court Case MOTION No. 68-15-91, per the Assistant City Attorney's confidential Settlement memorandum of April 1, 1993, and authorized the City Attorney to Authorized settle. '5 Q Rubio Lawsuit In Bernard Rubio v. City of Costa Mesa, et al., Orange County Superior Court Case No. 70-31-58, by a vote of 5-0, Council MOTION authorized the City Attorney to appeal the decision of the Superior Appeal Authorized Court and pursue a defense against any wrongful termination action by Rubio. (The City. Manager was absent during this discussion.) Wickes Furniture By a vote of 5-0, negotiations for the Wickes Furniture Property was Property Negotiations continued to a closed session in two weeks, or to an earlier date if MOTION/Continued necessary, to meet deadlines for further information from City staff Two Weeks or Sooner on road design. ADJOURNMENT The Mayor declared the meeting adjourned at 11:25 p.m. Mayor of the City of Costa Mesa ATTEST: j City Clerk of the City of ?Costa Mesa 1