Loading...
HomeMy WebLinkAbout05/17/1993 - City Council'7 4 w� REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MAY 17, 1993 The City Council of the City of Costa Mesa, California, met in regular session May 17, 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 Mrs. Margaret Johnson, First Church of Christ Scientist. ROLL CALL Council Members Present: Mayor Sandra Genis Vice Mayor Jay Humphrey Council Member Joe Erickson MINUTES May 3, 1993 Council Members Absent: Officials Present: Council Member Mary Hornbuckle Council Member Peter Buffa City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris. Transportation Services Manager Peter Naghavi Deputy City Clerk Mary Elliott Ori motion by Vice Mayor Humphrey, seconded by Council Member Erickson, and carried 3-0, the minutes of the regular meeting of May 3, 1993, were approved as distributed. - ORDINANCES AND A motion was made by Vice Mayor Humphrey, seconded by RESOLUTIONS Council Member Erickson, and carried 3-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Bil Garvin, 1092 San Pablo Circle, Costa Mesa, announced that he CATIONS had made application for a position on the Accessibility Standards Compliance Board of Appeals. He then reported on the following Handicap Access handicap access items: noncompliance with State Code at the Fedco store on Harbor Boulevard, and the City's status report on the parking at Fedco; the lack of a reply to the Building Department's report concerning the Senior Center; and the SGPA Architecture. and Planning report regarding handicap access requirement compliance. The City Manager responded that the Development Services Director was preparing a reply to Mr. Garvin's concerns. Seat Belt Enforcement Janice Davidson, 1982 Arnold Avenue, Costa Mesa, suggested that and Traffic Signal stricter enforcement of the $500.00 fine imposed for blocking an Malfunction intersection would increase City revenue, and complained about the malfunctioning traffic signal on 19th Street next to the Department of Motor Vehicles. The City Manager explained that a good portion of fines and forfeitures collected are directed to support the Court system, with the City receiving only a small share. Homeowner ; Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, reported that on Associations May 13, 1993, a meeting was held by the Presidents and Board Meeting Members representing 12 of the 19 Costa Mesa Homeowner 1 1(5 Associations to ascertain significant issues and concerns, which are as follows: Mesa Consolidated Water District rate increase; Newport -Mesa Unified School District current and past problems; Council elections based upon districts; cities sharing the responsibility for costs of social agencies; support of the Joint Use Agreement with the School District; earthquake preparedness programs; and the City budget. Bicycle Trails Robert Graham, 2865 Chios Road, Costa Mesa, cited the extensive bicycle trail networks in southern Orange County, and spoke in support of constructing similar trails along the Santa Ana River. He reported that the bikeway bypass that follows Placentia Avenue will be shut down when the street improvements commence, and the only alternate route would be on Harbor Boulevard or the suggested trail along the river. The Transportation Services Manager reported that the General Plan for the Master Plan of Bikeways will be amended before processing the agreement with the City of Newport Beach and the County for the bike trail along Fairview Park to Pacific Coast Highway. Mayor Genis requested that this plan be expedited. Work Furlough Heather Somers, 313 Robin Hood Lane, Costa Mesa, representing Facility the East Side Homeowners Association, addressed the Orange County work furlough facility which may be located in a hotel along Mesa Consolidated Newport Boulevard, stating that the Association is adamantly Water District opposed to locating this facility anywhere in Costa Mesa. She reported that she will be presenting a petition which has been signed by over 150 east side residents; however, she is in the process of gathering more signatures. Ms. Somers requested that a proposal for the City to take over management of the Mesa Consolidated Water District be placed on a future agenda. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, commented on the handicap access situation, alleging problems with the City's Building Department. He criticized the City for expending funds on personnel to tow the vehicles from his residence, and spoke about the reconstructed Building Department file for the Police Substation, 565 West 18th Street. Vice Mayor Humphrey made note of that fact that he would be abstaining from any discussion concerning the next speaker. Cable Television Eleanore Humphrey, 1684 Whittier Avenue, Costa Mesa, confronted Senior Video the issue of the Cable Television Committee senior video grant which was addressed at the April 19, 1993, Council meeting. She presented the Deputy City Clerk with a progress report, addressed to Chick Clarke, President, Senior Citizen Corporation, and reported as follows: she had not requested a salary, only a technical consulting fee which amounted to three payments of $250.00 each; expense reports she previously submitted had never been paid; the senior video theme had been approved by the Corporation; no one had approached her with disapproval regarding nudity in the film; there was no deadline for completion; and the tapes are fully marked and accessible. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, reiterated that grant funds are allocated with the stipulation that the money will be refunded should the project not be completed within a certain period of time. She requested the money paid to Mrs. Humphrey be refunded to the City because to date the video is not complete. She requested a copy of the document which indicated the date by which the monies must be utilized, and pointed out that on October 7, , 76 1991, Council indicated that grant monies should not be used for salaries, stipends, etc. Council Member Erickson stated that this item is on. the CableTelevision Committee agenda for Tuesday, May 18, 1993, at 6:30 p.m., in the City Hall 5th floor conference room. John Feeney, 1154 Dorset Lane, Costa Mesa, asked if the City had stipulated that grant funds not be used for salaries, stipends, or fees. Council Member Erickson responded that he understood that the subject grant was more open-ended than a typical grant, in that monies could be used in ways not previously allowed. 19th Street Sidewalks 1 Bob Hoffman, 360 East 19th Street, Costa Mesa, expressed appreciation to the City for sidewalks recently installed on East 19th Street, and read a letter signed by 19th Street residents compli- menting the City and Bopark Enterprises for the improvement to the neighborhood. He gave the letter to the Deputy City Clerk, and announced a celebration barbecue to be held on June 19, 1993. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 2, Business Permit for Junior Elite Training Systems; Item 5, Bid Item No. 954, Refuse Removal and Related Services; Item 6, Budget Adjustment No. 93-27 for construction of the Fair Drive Bus Bay; Item 9, Amendment to Cooperative Agreement No. 12-191 regarding the relinquishment of Newport Boulevard; and Item 11, Withdrawal from Independent Cities Risk Management Authority. MOTION/Approved On motion by Vice Mayor Humphrey, seconded by Council Member Except Items 2, 5, Erickson, and carried 3-0, the remaining Consent Calendar items 6, 9, and 11 were approved in one motion, as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the City Clerk: John Aguinaga; Virgil Cowing; Mike Garnica; John C. and Linda L. Greene; Edward G. Fritch; and Steven R. Shulman. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: Geranium, Inc., doing business Licenses at 1520 Baker Street; Douglas E. Patty, Inc., doing business at 1700 Placentia Avenue; Seashore Beverage Distributors, Inc., doing business at 245 Fischer Avenue, No. C5; The Southland Corporation, doing business as 7 -Eleven Store #2172-27007, 2244 Fairview Road, No. A-1. Federal Mandates i Resolution from the City of Cypress supporting Federal on Local and State legislation ending 'the practice of imposing unfunded Federal Governments mandates on local and State governments and to ensure that the Federal government pays the costs incurred by those governments in complying with certain requirements under Federal statues and regulations. BUSINESS PERMITS ; Notice of Intention to Appeal or Solicit for Charitable Purpose from Jewish War Veterans, U.S. A,, Post 595, 851 Presidio Drive, Costa Approved Permit for Mesa, by soliciting funds for the periods of May 17 - 31, 1993, and Jewish War Veterans November 1 - 14, 1993, was approved pursuant to Municipal Code Section 9-127(d). WARRANTS Warrant 1545/Pay- Warrant Resolution 1545, funding City operating expenses for roll 9308 Approved $1,749,318.92, and Payroll 9308 for $1,196,503.09, were approved. L_ F� 4� 4 ADMINISTRATIVE Street Improvements, Median Modification, and Traffic Signals, at ACTIONS/Bonds 600 Anton Boulevard, Parcel Map S-88-187, were completed to the Exonerated for satisfaction of, the Public Services Director by C. J. Segerstrom & Anton Boulevard Sons, 3315 Fairview Road, Costa Mesa; and the Performance and Improvements Labor, and Material bonds were ordered exonerated. Approved Easement Easement Deed (No. 3301) and Agreement with the County of Deed and Agreement Orange to grant the County a 15 -foot wide easement for electric* and with County for water transmission purposes over a portion of Fairview Park, was Fairview Park approved; and the Mayor was authorized to sign on behalf of the City. Approved Agreement Agreement with Jim Barrett, Post Office Box 2183, Newport Beach, with Jim Barrett for for publishing a City of Costa Mesa calendar at no cost to the City, Costa Mesa Calendar was approved; and the City Manager and Deputy City Clerk were authorized to sign on behalf of the City. Business Permit Item 2 on the Consent Calendar was presented: Notice of Intention Junior Elite Training to Appeal or Solicit for Charitable Purpose from Junior Elite Systems Training Systems, 1001 Calle Negocio, San Clemente, by soliciting funds from May 18, 1993, to November 18, 1993. Vice Mayor Humphrey commented that he was unable to support this request because only 20 percent of the monies raised will be directed to the MOTION applicant, and there is no accounting for 45 percent of the funds. Permit Denied On motion by Vice Mayor Humphrey, seconded by Council Member Erickson, and carried 3-0, the permit was denied. Mayor Genis noted that verification of Internal Revenue Service exemption was not submitted by the applicant. Bid Item 954 Item 5 on the Consent Calendar was presented: Bid Item No, 954, Refuse Removal and Refuse Removal and Related Services. Vice Mayor Humphrey Related Services commended staff for their efforts on this item which effected a $57,000.00 savings to the City. On motion by Vice Mayor MOTION Humphrey, seconded by Council Member Erickson, and carried 3-0, Awarded to 5 Star the contract was awarded to 5 Star Rubbish Service, Post Office Box Rubbish Service 9278, Newport Beach, for an estimated annual amount of $54,791.36. Budget Adjustment Item 6 on the Consent Calendar was presented: Budget Adjustment No. 93-27 for No. 93-27 for $42,000.00, to provide funding for construction of a Fair Drive Bus Bay Bus Bay on Fair Drive, east of City Hall, with reimbursement from other agencies, except for the City's portion of $2,800.00. Sid Soffer, 900 Arbor Street, Costa Mesa, asked for an explanation regarding the benefit of constructing an additional bus bay. The Public Services Director explained that the City has been working with the Orange County Transportation Authority to consolidate bus MOTION stops on Fair Drive and assure handicap access. On motion by Adjustment Approved Council Member Erickson, seconded by Vice Mayor Humphrey, and carried 3-0, the adjustment was approved. Amendment to Agree- Item 9 on the Consent Calendar was presented: Amendment to ment 12-191 with Cooperative Agreement No. 12-191 with the State of California State Regarding regarding Upgrade of Newport Boulevard from 19th Street to Bristol Newport Boulevard Street for Relinquishment 12208 - 02720K. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that the State retain Newport Boule- vard. The Public Services Director replied that the State has not maintained the street, and has the authority to relinquish it even if MOTION the City objects. On motion by Council Member Erickson, Amendment Approved seconded by Vice Mayor Humphrey, and carried 3-0, the amendment to the agreement was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. �es { 17 8 ICRMA MOTION Withdrawal Approved PUBLIC HEARING 1993-94 CDBG Funding Item 11 on the Consent Calendar was presented: Costa Mesa's j withdrawal from the Independent Cities Risk Management Authority (ICRMA). The City Manager stated that questions had been raised by Council regarding the possibility of either paying more for liability coverage or being completely without coverage, and suggested modifications to the recommendation. On motion by Council Member Erickson, seconded by Vice Mayor Humphrey, and carried 3-0, withdrawal from ICRMA was approved, contingent upon receiving written authorization that the City will receive written verification of the proposal from the California Municipal Access Liability Program prior to notifying ICRMA. The Deputy City Clerk announced that this was the time and place set for the public hearing for application and proposed allocation for United States Department of Housing and Urban Development Community Development Block Grant funding for fiscal year 1993- 94; a resolution authorizing the City Manager to act as the official representative of the' City in submitting the Final Statement, to act in connection with its submission, and provide additional information as required; and allocate $164,400.00 of Community Development Block Grant funding 'to public services organizations. The Affidavit of Publication is .on file in the City Clerk's office. A communication was' received from Sandra J. Bundy, Principal, Wilson Elementary School, 801 West Wilson Street, Costa Mesa, supporting the Camp Fire for Boys and Girls application for funds. The City Manager reviewed the Agenda Reports dated May 17, 1993. Jonathan Boswell, ' 3148 Yellowstone Drive, Costa Mesa, representing Shelter for the Homeless, reported that the Shelter provided over 4,000'. nights of lodging to 43 homeless Costa Mesa residents. He asked consideration for their request for CDBG funds to allow continuation of the operation. Robin Jaruszewski, representing Interval House Crisis Shelters, expressed appreciation for the, CDBG funds granted to this organization. John Feeney, 1154 Dorset Lane, Costa Mesa, questioned funding the Huntington Beach 'Community Clinic since Share Our Selves provides medical services for. Costa Mesa residents. Council Member Erickson clarified that the grant application indicated that the Community Clinic serves ,approximately 1,060 households of very low income, and of that, approximately 8 percent are Costa Mesa residents. Bil Garvin, 1092 'San Pablo Circle, Costa Mesa, reported on handicap access compliance as related to this item, and alleged that the City Hall building is not accessible, especially the rest rooms. Mayor Genis responded that plans have been approved for an upgrade of the rest rooms to meet handicap access requirements. Beverly Nestande, _no address given, representing Olive Crest Rehabilitation, reported that April was National Child Abuse Prevention Month, May is National Foster Family Month, and on the previous Saturday, an Orange County Summit on Children was held at Chapman University where the plight of today's children was discussed. She cited statistics on child abuse. i 1 Sid Soffer, 900 Arbor Street, Costa Mesa, asked about funding for the City Hall handicap access improvements. The City Manager responded that all improvements ,are being funded from block grant funds;. reporting that $1 million of improvements have been identified in the Civic Center alone. Mr. Soffer rejected as excessive the administrative -costs of $219,200.00 from a $1 million entitlement. Mayor Genis stated that administration costs are typically 20 percent because of record keeping requirements. There being no other speakers, the Mayor closed the public hearing. Council Member Erickson suggested that consideration be given to funding fewer charities for larger amounts in order to save administrative costs in the future. Mayor Genis agreed that in the future the number should be limited to a maximum of ten charities, or perhaps an arrangement could be made to cooperate with other cities in this regard: Vice Mayor Humphrey commented that the Inter City Liaison Committee could assist to minimize the administrative costs and maximize the benefits to the recipients of CDBG funds. MOTION A motion was made by Council Member Erickson, seconded by Resolution 93"-38 Vice Mayor Humphrey, and carried 3-0, to adopt Resolution 93-38, Adopted; CDBG A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Funding Approved COSTA MESA, CALIFORNIA, AUTHORIZING FISCAL YEAR 1993-94 COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT FUNDS APPLICATION SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, which includes authorizing the City Manager to act as the official representative of the City in submitting the Final Statement; to allocate $164,400.00 of Community Development Block Grant funding to public services organizations, excluding Feedback Foundation and the Senior Corporation; to reallocate the Huntington Beach Community Clinic grant to Marisol Residence, Inc.; with direction to the City Manager to allocate funds to Olive Crest Rehabilitation, and prepare a report for the June 7, 1993, meeting regarding the source -of the funds. The motion carried 3-0. MOTION On motion by Vice Mayor Humphrey, seconded by Mayor Genis, Feedback Foundation and carried 2-0, Council Member Erickson abstaining, funding for Funding Approved Feedback Foundation was approved. MOTION On motion by Council Member Erickson, seconded by Mayor Genis, Senior Corporation and carried 2-0, Vice Mayor Humphrey abstaining, funding for the Funding Approved Senior Corporation was approved. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Appeal of PA -93-11 set for the public hearing to consider an appeal of the Planning Kuehnert Commission's denial of Planning Action PA -93-11 from Jim and Jann Kuehnert, 2770 -Mendoza Drive, Costa Mesa, for a variance from front setback requirements to allow an existing 6 -foot high, wood fence, used to enclose a stored boat within the required 10 - foot front fence setback, at the above address in an R1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the City Clerk's office. Communications were received in . support of the request from Beverly Hughes, 2765 Mendoza Drive, Costa Mesa; and Eugene and Janice Overholt, 2771 Mendoza Drive, Costa Mesa. A communication was received from Camille Courtney Politte, CGC Enterprises, Inc., 2756 Lorenzo Avenue, Costa Mesa, stating that the opinions of the adjacent neighbors who =' 1.80 would .be most impacted should be given the most consideration. The Deputy City Manager/Development Services reviewed the Agenda Report dated May 6, 1993, and showed photographs illustrating the 6 -foot high fence and the surrounding neighborhood. He responded to a question from the Mayor by stating that there is no curb cut in front of the enclosure, and the City's Engineering staff indicated that they would not approve a curb cut in any case. Jim Kuehnert, the applicant, also presented photographs to illustrate like structures throughout his neighborhood. He stated that he had observed these structures, which are variations of his enclosure, and felt they were innovative, served the purpose, and improved the appearance of the neighborhood. Mr. Kuehnert pointed out that the boat does fit on the, driveway; however, it takes up the entire driveway and necessitates parking two vehicles on the street. He emphasized that his intent was to make the neighborhood look nice, and requested an exception to the first condition which would be to relocate the fence 6 -feet from the front property line within 30 days of Council decision. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, representing the Mesa del. Mar Homeowners Association, expressed his opposition to any projection into setback areas in this tract. He stated that there are no special circumstances which would allow this variance to be approved, and to do so would be a grant of special privilege. Ken Croker, 2783 Mendoza Drive, Costa Mesa, declared that the Kuehnert's home is one of the nicest looking and well kept on the block, and supported approval of the variance. Catherine Markert, 2761 Mendoza Drive, Costa Mesa, declared that she approved of the structure as it now exists and supported approval. She commented on the overall immaculate appearance of the residence and the Kuehnert's consideration for their neighbors. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if a representative speaking on behalf of a homeowners association should indicate whether or not the homeowners actually voted, and the numbers for and against. He explained the reason for setbacks, and suggested getting around the problem by not calling this request a variance. There being no other 'speakers, the Mayor closed the public hearing. Mayor Genis commented that in order to approve a variance, a finding of special circumstance which would apply to the property must be made. Mr. Kuehnert responded that 19 other homes in the neighborhood have similar structures. MOTION On motion by Council Member Erickson, seconded by Vice Mayor PA -93-11 Denied Humphrey, and carried 3-0, the Planning Commission's denial of Planning Action PA -93-11 was upheld. Vice Mayor Humphrey and Mayor Genis commented favorably on the general overall appearance of this property; however, declined to set a precedent by approving this application without appropriate findings, and doing so after the fact. RECESS The Mayor declared- a recess at 8:50 p.m., and reconvened the meeting at 9:05 p.m. 1 til g OLD BUSINESS The Deputy City Clerk presented Ordinance 93-11 for second Transportation reading and adoption, regarding Transportation System Management System Management Procedures. The Deputy City Manager/Development Services Procedures— reviewed the Agenda Report dated May 2, 1993. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Ordinance 93-11 Humphrey, and carried 3-0, Ordinance 93-11, AN ORDINANCE Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE IN REGARDS TO THE TRANSPORTATION SYSTEM MANAGEMENT PROCE- DURES, was given second reading and adopted. OLD BUSINESS The Deputy City .Clerk presented a request for policy direction on Traffic Impact Fee the proposed Citywide Traffic Impact Fee. Communications were received from Amy R. Forbes, Gibson, Dunn & Crutcher, Lawyers, 333 South Grand Avenue, Los Angeles, representing Sakioka Farms, stating there is insufficient legal support for adoption of the traffic fee proposed by City staff; Arthur G. Kidman, McCormick, Kidman, Behrens & Holzwarth, Lawyers, 3100 Bristol Street, Suite 290, Costa Mesa, stating that the proposed fee will place an undue burden on the new and expanding businesses within the City; and C. J. Segerstrom & Sons., 3315 Fairview Road, Costa Mesa, outlining the most significant concerns regarding the fee program. The Public Services Director summarized the Agenda Report dated May 13, 1993. He emphasized that if the adopted trip fee is below the minimum fee which is currently being charged by any one of the agencies within the growth management area, the City would become ineligible for receipt of Measure M monies. He reported that the minimum fee is currently one-half of one percent of the building valuation. He pointed out that in order to qualify for the funds, the Citywide traffic fee must be adopted by June 30, 1993, and this item is tentatively scheduled to be on the June 7, 1993, agenda. Ed Fawcett, Costa Mesa Chamber. of Commerce, 1835 Newport Boulevard, Suite E-270, Costa Mesa, stated that when traffic fees are applied to small business development or expansion, they are destructive to the extent of surpassing the cost of the development and will bring growth to a standstill. He cited examples of the negative impact of the fees on . these businesses. Mr. Fawcett suggested tabling the proposed fees, enacting the minimum fees necessary to qualify for Measure M funds, and instructing staff to work with representatives from the business community. He read a letter from Bob Robins, Theodore Robins Ford, President, Harbor Boulevard of Cars Group, which stated that automobile dealers are the second highest sales tax revenue producers for the City, and expressed his concern over the proposed traffic impact fee schedule asserting that these fees could seriously restrict the dealerships in any future expansion or relocation on Harbor Boulevard. Mr. Fawcett also read a letter from Jim Walker, Pasta Mesa, 212 East 17th Street, Costa Mesa, expressing his concern regarding the fees and requesting reconsideration. Mr. Fawcett submitted both letters and a letter from the Chamber. Council Member Erickson appealed to Mr. Fawcett to reconsider the Chamber's position regarding the Santa Ana River bridge crossings on East 19th Street as these represent some of the most expensive improvements, and the City is diligently attempting to have them deleted. Mr. Fawcett acknowledged this request. ., 182 Leonard Hampel, Rutan & Tucker, Attorneys at Law, 611 Anton Boulevard, Costa Mesa, representing Arnel Development Company, submitted a letter expressing an opinion that the City has not complied with legal mandates in proposing the current traffic impact fees. He suggested that a legally sufficient traffic impact fee be adopted to ensure the Measure M monies will be forthcoming. He pointed out that State Law requires that there be a fair and reasonable relationship between the fee and the benefit received by the new development, and cited case law which explained that the fee must "exclusively reflect the cost of new development", implying a direct nexus between the cost of new development and the fee imposed. He pointed out deficiencies in the proposed Costa Mesa fees. He suggested adopting the baseline fees. George Sakioka, Sakioka Farms, 14850 Sunflower Avenue, Santa Ana, stated that in 1988, a letter was forwarded to the City requesting information regarding the traffic model which has not been received to date. He pointed out that he was not trying to avoid responsibilities to pay a fair share of the future transportation improvements in the City; however, he needs to more accurately define what that fair share is. He urged that an interim fee be adopted with direction to staff to work with the business community and undertake the additional analysis required to create a fee that is fair, adequate, and legally permissible. Amy Forbes, Gibson; Dunn & Crutcher, Lawyers, 333 South Grand Avenue, Los Angeles, representing Sakioka Farms, reiterated that she had requested the traffic model on several occasions, along with other information which has not been provided. She asked that the City analyze the way the fee is defined, stating that the data utilized is old and inadequate; and the freeways were improperly included in the improvements. She proceeded to point out various other specific objections, one being; that new development should not be forced to support public facilities. Tony Petros, LSA Associates, 1 Park Plaza, Suite 500, Irvine, representing Sakioka,Farms, stated that there are approximately 20 significant arterial improvements that are contemplated in the current fee proposal which should be reexamined, alleging that the arterial improvements may not be a correct indicator of the circulation system performance, and the " focus should be directed to inter- sections. Jim Meehan, 3147 Country Club Drive, Costa Mesa, President, Costa Mesa Republican Assembly, stated that a Republican Assembly resolution was unanimously passed urging Council to adopt a minimum interim fee to satisfy Measure M while continuing to work with the business community of the City to arrive at an equitable solution. Malcolm Ross, representing C. J. Segerstrom & Sons., 3315 Fairview Road, Costa Mesa, agreed with the previous speakers. Regarding the inclusion of the Plaza Tower project into the trip fee program, he stated that the 1991 agreement between the City and C. J. Segerstrom & Sons addressed that particular problem, and felt it should be discussed after the trip fee is finally established. He urged that the most reasonable approach be taken to protect the Measure M interests by adopting the minimum fee schedule, 'and working out the trip fee with the developers. Ronald Van Buskirk, Attorney at Law, Pillsbury, Madison & Sutro, 225 Bush Street, San Francisco, representing C. J. Segerstrom & Sons, reported that all the City's needs are not attributable to new development, and the Government Code places the burden on the City to adopt a formula, or fee, which clearly defines how the burden relates to the amount of the fee. He related that the proposed traffic fee is grossly out of proportion to other communities in the State, and stated that the Segerstrom's selection is Option No. 1 as outlined on Page 5 of the Agenda Report. Paul Wilkinson, Linscott, Law & Greenspan, Inc., traffic engineers, 1580 Corporate Drive, Costa Mesa, representing C. J. Segerstrom & Sons, addressed the 405 Study, originally referred to as the I-405 Access Study, noting that it was initially for ramp improvements and not a corridor study. He stated that the freeway improvements were defined to fit a land use plan which has since been reduced. Michael Kerr, representing Arnel Development Company, 950 South Coast Drive, Suite 200, Costa Mesa, concurred with the suggestion that a minimum traffic fee be adopted and return the general matter back to the community, staff, and Council for further study. He stated that jobs and the health of this City are important, and the fees originally proposed would stifle growth. Colin Macken, Transpacific Development Company, 2377 Crenshaw Boulevard, Suite 300, Torrance, supported the position that the City adopt an interim ordinance. Norman Levine, Attorney at Law, Greenberg, Glusker, et al., 1900 Avenue of the Stars, Los Angeles, representing Transpacific Development Company, reiterated that the City is required to allocate between demands imposed by development and needs imposed by other factors, with the goal being to make sure the allocation is done correctly. He pointed out that the burden cannot be placed on the development community for pre-existing needs, obsolescence, or needs imposed by neighboring communities. Heather Somers, 313 Robin Hood Lane, Costa Mesa, during Oral Communications, stated that _,fees were assessed to large scale operations to offset the costs of maintaining roads and grounds; however, there is a problem. in that the same fees are demanded from small businesses. She asked why fees had not been levied against the owners and operators of the Orange County Fairgrounds. Frank Cole, 2482 Fairview Way, Costa Mesa, commented that the Measure M monies should be protected but stated he resented the implied threat of litigation. He proposed that the Fairgrounds be made to pay a fair share of traffic fees. John Moorlach, 3169 Madeira Avenue, Costa Mesa, business owner, criticized the staff report, and stated that if business is adversely affected because of the proposed fees, property values will plummet which will erode the tax base. MOTION A motion was made by Council Member Erickson, seconded by Exempt Trip Included Vice Mayor Humphrey, and carried 3-0, to remove the cost of the in Fee trip ends generated from projects which are exempt from the trip fee program from the improvements. During later discussion, the Public Services Director requested clarification that, in fact, the exempt trips would now be included in the fee, not deleted, and =b �. 184 MOTION Freeway Improve- ments Deleted MOTION Santa Ana River Crossing Items Retained in MPH included in the study so the number of trips is increased and the trip fee is reduced. Council responded in the affirmative. A motion was made by Council Member Erickson, seconded by Vice Mayor Humphrey, deleting freeway improvements, directing the City Attorney :to point out improvements which have been identified as mitigation measures in Environmental Impact Reports (EIR) or identified in development agreements. Vice Mayor Humphrey expressed the opinion that the City should move forward on freeway improvements included in EIRs. Mayor Genis did not like foregoing the improvements; however, she did want to ensure that the system is. fair. The motion carried 3-0. Council Member Erickson made a motion to retain in the Master Plan of Highways items contained in the Santa Ana River Crossing Study, namely East '19th Street and the bridges, with the proviso that should a fee other than the minimum fee be adopted, rebates would be given for additional deletions. The motion was seconded by Vice Mayor Humphrey, and carried 3-0. MOTION A motion was made by Council Member Erickson, seconded by Base Fee to be Mayor Genis, and carried 3-0, to have staff prepare several Established ! alternatives to illustrate what was done with the deletions, conduct hearings with the Planning and Transportation Commissions, and bring back realistic items for review to establish the base fee. The Public Services Director stated that 15,000 trips have been identified; however, the County unincorporated areas adjacent to Costa Mesa generate approximately 7,000 additional trips which would also affect -the trip fees. He requested clarification on whether the motion for inclusion of the exempt trips would include County trips as well as public trips, such as libraries and schools. MOTION Mayor Genis made a motion to include in the exempt trips, County County and Public trips as well as public trips, such as library and schools. The Trips Included motion was seconded by Vice Mayor Humphrey, and carried 3-0. Council Member Erickson asked that the traffic model be made available to the public as soon as possible. Mayor Genis requested I information on improvements which are perhaps only marginally needed that might be eliminated if the floor area ratios were more exact. RECESS The Mayor declared a recess at 10:55 p.m., and the meeting reconvened at 11:05 p.m. OLD BUSINESS 1991 Uniform Swimming Pool Code MOTION Ordinance 93-12 Given First Reading The Deputy City Clerk presented an ordinance amending the 1991 Uniform Swimming Pool Code; and City Attorney's Report No. 93-48. The City ' Attorney reported that the revised ordinance transmitted with City Attorney's Report No. 93-48A, changes Page 7 to add Exceptions by the Building Official, primarily dealing with enclosures and gates to pool areas. During discussion, minor changes were suggested by Mayor Genis: Page 6, Section 5-65(e)(11), first line, delete "indoor"; Page 3, Section 5-65(e)(2), second line, delete "not"; and add an effective date clause to avoid confusion. On motion by Vice Mayor Humphrey, seconded by Council Member Erickson, and carried 3-0, Ordinance 93-12, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER IV OF TITLE 5 OF THE 1 a f...,; 185 COSTA MESA MUNICIPAL CODE BY ADOPTING THE 1991 UNIFORM SWIMMING POOL CODE, AND LOCAL AMENDMENTS THERETO, was given first reading and passed to second reading, including the;above revisions. NEW BUSINESS The Deputy City Clerk presented requests from the Costa Mesa - Lions Club 48th Newport Harbor Lions Club regarding the 48th Annual Fish Fry Annual Fish Fry Parade and Carnival: _Installation of street banners pursuant to Parade and Carnival Council Policy No. 500-6; and modification of Special Event Service Fees per Administrative Regulation 2.13. The City Manager summarized the Agenda Report dated May 11, 1993. George Lorton, 1013 Parkhill Drive, Costa Mesa, representing the Lions Club, related that the club is supportive of paying their fair share, and the new parade route is acceptable. Jim Ferryman, Fish Try Parade Director, 1095 Tulare Drive, Costa Mesa, commented that even with the lower rate, the Lions Club would still be paying about $18,000.00 for Police services, maintenance, etc. MOTION A motion was made by Council Member Humphrey, to approve the Rates and Banners C-5 rate of time and one-half charges for staff services for the Fish Approved Fry Parade and Carnival; and to approve the street banners. The motion was seconded by Council Member Erickson, and carried 3-0. NEW BUSINESS The Deputy City Clerk presented a request to appoint members to Senior Citizens the Senior Citizens Committee. Mayor Genis suggested that in the Committee Appoint- future; previously unselected candidates be considered for other ments committee openings. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Toelkes and Zavala Humphrey, and carried 3-0, A. Z. (Bud) Toelkes and Joseph Zavala Appointed were appointed to the Committee. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS Government Code Sections 54956.9(a),, 54956.9(b)(1), and 54957.6, Request for Closed to discuss the following items: Thomas and Alma Barnes v. City of Session: Barnes v. Costa Mesa, et al., Orange County Superior Coilrt Case No. 69 -31 - City; Late Claim 10; Application for Leave to Present a Late Claim from Nelson and from Ferguson; and Geraldine Ferguson for the death, of their minor daughter, Elizabeth Employee Staffing L. Ferguson; and Discussion on staffing levels for employees under Levels Fiscal Year 1993-94 budget and related negotiations with Costa Mesa City Employees Association, Firefighters Association, and Police Association. The Mayor announced that closed session would be held after the close of regular business. CITY MANAGER The City Manager presented the 1992-93 Third Quarter Budget REPORT Review. He stated the intent was to apprise Council of financial 1992-93 Third standings during the current fiscal year; and based on the third Quarter Budget quarter, report, significant declines are evident in some areas, Report particularly property tax revenue and sales tax returns. He then reviewed the Agenda Report dated May 10, 1993. COUNCILMEMBER Council Member Erickson announced that the Shalimar residents will COMMENTS be holding another community forum at St. Joaquim's Church on Shalimar Residents June 1, 1993, at 7:00 p.m., and requested information from staff Meeting regarding work accomplished since the first meeting, approximately 45 days ago, to show that the City is responding to their efforts. GatK_. 186 Senior Follies j Council Member Humphrey suggested getting tickets early for the Senior Follies to be held on Saturday, June 12, 1993. He stated the ;funds were donated to support the Costa Mesa Senior Center. ADJOURNED TO At 11:40 p. m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor conference room to discuss the items listed under City Attorney's Reports. MEETING The Mayor reconvened the meeting at 12:20 a.m. , and the action RECONVENED taken during closed session was announced. MOTION/Settlement Regarding Thomas and Alma Barnes v. City of Costa Mesa, et al., Offer Rejected in Orange County Superior Court Case No. 69-31-10, by a vote of 3-0, Barnes v. City Council rejected the settlement demand. I MOTION Regarding the Application for Leave to Present a Late Claim from Application from Nelson and Geraldine Ferguson for the death of their minor Ferguson Denied daughter, Elizabeth L. Ferguson, by a vote of 3-0, Council denied the April 23, 1993, application; and ratified the Deputy City Clerk's notification actions of April 19, 1993 and April 21, 1993. Directions Given Regarding staffing levels for employees under Fiscal Year 1993-94 to City Manager 'budget and related negotiations with Costa Mesa City Employees Association, Firefighters Association, and Police Association, Council gave directions to the City Manager. ADJOURNMENT j The Mayor declared the meeting adjourned at 12:25 a.m. Mayor of the City of Costa Mesa ATTEST: Deputy Ci._ Clerk of the City of Costa Mesa I.