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HomeMy WebLinkAbout06/07/1993 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 7, 1993 The City Council of the City of Costa Mesa, California, met in regular session June 7, 1993, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called- to alledto order by the Mayor, followed by the Pledge of Allegiance to the Flag, and invocation by Dr. Thomas Cooper, Reorganized Church of Jesus Christ of Latter Day Saints. 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 Transportation Services Manager Peter Naghavi Personnel Services Director Steve Hayman Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Vice Mayor May 17, 1993 Humphrey, and carried 3-0, Council Members Hornbuckle and Buffa abstaining, the minutes of the regular meeting of May 17, 1993, were approved as , distributed. ORDINANCES AND A motion was made by Council,Member Buffa, seconded by Council RESOLUTIONS Member Erickson, and carried 5-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Carl Bureman, 447 Princeton Drive, Costa Mesa, stated that he had CATIONS attended several Mesa Consolidated Water District Board Meetings, Mesa Consolidated and reported that a private bath and shower had been installed in the Water District their new building for the District Manager's use. The City Manager clarified for Mr. Bureman that the City Manager's office in City Hall did not have a shower but did have a small, separate rest room, and the City Attorney's office did not have any such facility. Mr. Bureman addressed the proposed Water District rate increase, and stated that the lowest paid department in the Water District has an average salary of over $39,000.00 per year. Bicycle Trails Robert Graham, 2865 Chios Road, Costa Mesa, presented photo- graphs illustrating bicycle trails at the Greenville Banning Channel, the Santa Ana River Channel, and various other sites throughout the City. The Transportation Services Manager reported that the City is continuing to work on an agreement with the County of Orange and the City of Newport Beach for installation of a trail along Fairview Park to Pacific Coast Highway. baa it n s d s Work Furlough Facility Monrovia Liquor Mart Newsstand Gang Problems Lion's Club Fish Fry Carnival Police Substation Heather Somers, 313 Robin Hood Lane, Costa Mesa, commented she encountered frustration when requesting the City to notify approximately 450. concerned citizens regarding the proposed work furlough site which will be on a Planning Commission agenda in the very near future. She detailed her experience at City Hall, and requested that the citizens on the list, which was subsequently submitted to the City Manager's office, be notified of this event. The City Manager agreed to send notification to the Board of the East Side Homeowners Association, and announced that the June 14, 1993, Council Study. Session will address this issue. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, reported that the owner of the Monrovia Liquor Mart, 1895 Monrovia Avenue, complained that the newsstand on City property in front of her store sells offensive magazines. Mayor Genis suggested putting blinders on the newsstands, and asked the City Manager to investigate. Ms. Davidson next addressed the gang problem on Pomona Avenue, stating that 165 gang members have been identified in the City and the difficulties are rapidly escalating. She enumerated the problems relating to the homeowners and landlords, and requested that this issue be addressed by Council. The City Manager replied that the Police Department Gang Detail has been active in this area, and additional staffing will be proposed for next year. Hilldegard Gonzalez, 1932 Pomona Avenue, Costa Mesa, stated that the apartment building at 1925 Pomona Avenue is the scene of numerous illegal activities involving gangs, which include drug dealings, trashing, littering, and drunkenness. She requested that i Council take action, against the landlord of this building as she cannot successfully rent her units, and property value has decreased. The City Manager suggested staff provide an update regarding circumstances at this location, with copies to residents and the Planning Commission. Patricia Lee, owner of the apartment building at 1923 Pomona Avenue, Costa Mesa, reiterated the seriousness of the problems in this neighborhood, and requested more police action because the area is unsafe for residents. Sid Soffer, 900 Arbor Street, Costa Mesa, reported that one of the booths at the Lion's Club Fish Fry Carnival lost money this year alleging it was partly, due to the Police Department fees charged for traffic control. He reported that he had filed a complaint with the District Attorney's office regarding the City's property at 565 West 18th Street (Police Substation) for which there is no building permit. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 4, Warrant Resolutions 1546 and 1547; Item 8, Budget Adjustment No. 93-33, for traffic signal and intersection modifications at West 19th Street and Meyer Place; Item 9, Budget Adjustment No. 93-34, for installation of a traffic signal at Victoria Street and American Avenue; Item 10, Budget Adjustment No. 93- 36, Newport Boulevard signal improvement project; and Item 13, i Agreement with City of Santa Ana for helicopter services. MOTION/Approved On motion by Vice Mayor Humphrey, seconded by Council Member Except Items 4, 8, Hornbuckle, and carried 5-0, the remaining Consent Calendar items 9, 10, and 13 were approved in one motion, as recommended. F, F _ I WRITTEN Resolution 93-39, A RESOLUTION OF THE CITY COUNCIL OF COMMUNICATION THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Adopted Resolution RECORDS DESTRUCTION FOR THE DEVELOPMENT 93-39 for Records SERVICES DEPARTMENT OF THE CITY OF COSTA MESA Destruction PURSUANT TO ORDINANCE NO. 75-60, was adopted. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Sherrill Edmondson; Paula Marie Harris; James R. Pancake; Charles A. Rhodes, Rhodes & Associates; Rose Rogers; Sandpiper Motel; Southern California. Edison Company; Adela Speers; Kathryn Jean Spellman;. two from Tracy & Ryder Landscape, Inc.; and Michael R. Traylor. Alcoholic Alcoholic Beverage Licenses for. which parking has been Beverage approved by the -Planning Staff: Sarkis Kelechian and Hagop Licenses Najarian, doing business as Cafe Med, 1969 Harbor Boulevard; Circle K Convenience Stores, Inc., for businesses at 1654 Santa Ana Avenue, 111 Del Mar Avenue, and 1913 Pomona Avenue; and James A. and Tanya N. Cork, doing business as Sportpage Saloon, 1562 Newport Boulevard, Suites C and D. Ban on Leaf Letter from Clifton L. Adams, 285 Sierks Street, Costa Mesa, Blowers requesting that Council adopt an ordinance banning leaf blowers. Public Notice from the Public Utilities Commission that Southern Utilities California Edison Company filed Application 93-05-013, for Commission adjustment of certain rates and costs. Notice from Southern California Gas Company advising of its filing of Application No. 93-05-012 with the Public Utilities Commission for a decrease in the rate of return from 9.99 percent to 9.67 percent. BUSINESS PERMIT Notice of Intention to Appeal or Solicit -for Charitable Purpose from City of Hope - Orange County Construction No. 1082, 208 West 8th Approved Permit for Street, Los Angeles, by soliciting funds from June 8, 1993, to June City of Hope 8, 1994, was approved pursuant to Municipal Code Section 9- 127(d). . REJECTED CLAIM Claim from Minh Ho and Chau Ngo (trip and fall on sidewalk Minh Ho/Chau Ngo adjacent to claimants' property), was rejected. ADMINISTRATIVE Renewal of annual contracts relating to Bid Item No. 852, for ACTIONS temporary personnel services with Kelly Temporary Services, 5 Park Approved Temporary Plaza, Suite 1280, Irvine; Thomas Temporaries, 16832 Red Hill Personnel Services Avenue, Irvine; and Apple One Employment Services, 3940 South Contract Renewals Bristol Street, Suite 208, Santa Ana, was approved. Adopted Resolution Resolution 93-40, A RESOLUTION OF THE CITY COUNCIL OF 93-40 Denying .THE CITY OF COSTA MESA, CALIFORNIA, DENYING PLAN - PA -93-11, Kuehnert NING ACTION PA -93-11, James and Jann Kuehnert, for a variance at 2770 Mendoza Drive, was adopted. Approved Budget Budget Adjustment No. 93-37 for $14,000.00, to increase the Adjustment No. 93-37 appropriation for construction of the Iowa Street Storm Drain, was approved. 190 Approved Amendment Amendment to Cooperative Agreement No. 12-099 with the State of to Agreement No. California for $20;000.00 (the City's contribution), to include 12-099, State of placement of conduits at overcrossings to provide for irrigation as California, for State part of the street landscape project on State Route 55 between 19th Route 55 Landscape and Bristol Streets, was approved, and the Mayor and Deputy City Project Irrigation Clerk were authorized to sign on behalf of the City. Approved Agreement Agreement with Americlean Environmental Services, 5595 East 7th with Americlean Street, Suite 104, Long Beach, for $92,030.00 for one year, to Environmental for administer the City's Source Reduction and Recycling Element SRRE Administration (SRRE), was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. WARRANTS Item 4 on the Consent Calendar was presented: Warrant Resolutions Warrants 1546 and 1546 and 1547, funding City operating expenses for $1,325,021.49 1547; Payrolls 9309 and $1,448,738.79, respectively; and Payrolls 9309 and 9310 for and 9310 $1,160,333.86 and $1,165,214.92. Council Member Hornbuckle suggested deferring this item to the next Council meeting pending MOTION additional information. On motion by Council Member Hornbuckle, Continued to seconded by Vice Mayor Humphrey, and carried 5-0, this item was June 21, 1993 continued to the June 21, 1993, meeting. Traffic Signal The following Consent Calendar items were presented: Budget Adjustments Item 8: Budget Adjustment No. 93-33 for $140,000.00, to No. 93-33/West 19th provide an appropriation for installation of a traffic signal and and Meyer intersection modifications at West 19th Street and Meyer Place; No. 93-34 Item 9: Budget � Adjustment No. 93-34 for $80,000.00, to Victoria and provide an appropriation for installation of a traffic signal at American Victoria Street and American Avenue; and No. 93-36 Item 10: Budget; Adjustment No. 93-36 for $338,000.00, to Newport Boulevard provide an appropriation for the Newport Boulevard signal improvement project (from Bristol Street to Hospital Road). Sid Soffer, 900 Arbor Street, Costa Mesa, suggested coordinating the City's traffic signals in lieu of spending dollars for various studies and improvements. MOTION/Adjust- On motion by Council Member Hornbuckle, seconded by Council ments Approved Member Buffa, and carried 5-0, the adjustments were approved. Agreement with City Item 13 on the Consent Calendar was presented: Renewal of the of Santa Ana for agreement with the City of Santa Ana for helicopter services Helicopter Services provided by the City of Costa Mesa. The City Manager requested that this item be continued until after the budget has been reviewed by Council. On motion by Council Member Buffa, seconded by MOTION Vice Mayor Humphrey, and carried 5-0, this item was continued as Continued recommended by the City Manager. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Appeal of Business from the meeting of April 19, 1993, to consider an appeal of the License Planning Commission's denial of a business license from J. B. Mirassou/Stanke Mirassou, Mirassou _& Wegener, 116 Avenue "I", Suite 200, Redondo Beach, representing The General Council of the Assemblies of God, property owner, to establish a retail crafts facility in an industrial building at 3589 Harbor Boulevard. A communication was received from the appellant requesting a continuance. 1 MOTION On motion by Council Member Buffa, seconded by Council Member Continued to Erickson, and carried 5-0, the public hearing was continued to the July 19, 1993 meeting of July 19, 1993. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place set for the following public hearings: Landscaping Assess Resolution levying an assessment for fiscal year 1993-1994 ment District No. 1 within City of Costa Mesa Landscaping Assessment District No. 1, Tracts 9901 and 12011, located south of Sunflower Avenue and east of Smalley Road. Landscaping Assess- Resolution levying an assessment for fiscal year 1993-1994 ment District No. 2 within City of Costa Mesa Landscaping Assessment District No. 2, Tract 10513, located at the northwest corner of Bear Street and the Corona del Mar Freeway. The Affidavits of Mailing and Publishing are on file in the City Clerk's office. Communications opposing Assessment District No. 1 were received from Vivian and Kent Stimson, 1013 Damascus Circle, Costa Mesa; Marine Trading, Inc., 551-101 Pittsfield Court, Long Beach, owners of property on Secretariat Circle and Begonia Street; and Lyle Overby, 1001 Cannonade Circle, Costa Mesa. Communications opposing Assessment District No. 2 were received from Marylene Carrasquillo, 867 Prospect Place, Costa Mesa; Larry and Sandra Baum, 884 Liard Place, Costa Mesa; Harriett Strickland, 896 Liard Place, Costa Mesa; and Robert G. and E. J. Hom, 870 Prospect Place, Costa Mesa. The City Manager reviewed the Agenda Report dated May 4, 1993, explaining that a change in State legislation now requires individual notification be sent to all property owners within each district. He commented that the costs for the assessment fluctuate noticeably from year to year. David Brown, 871 Prospect Place, Costa Mesa, addressed Land- scaping Assessment District No. 2, stating that homeowners are dissatisfied with the level of maintenance, and noted specific problem areas. He stated that he has 23 signed letters from homeowners requesting the following: the City delegate the maintenance responsibility to the Homeowners Association; the City collect the funds for the District, and give the funds to the Homeowners Association who will hire a professional landscaping service. He requested that the City not hire a landscaping company directly. The City Attorney responded that since this is an assess- ment district, the City cannot legally give the funds to the Homeowners Association. Mr. Brown addressed the fluctuations in the fees which, at times, vary more than 100 percent. He gave the 23 homeowners letters to the Deputy City Clerk. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that his understanding was that the developer absorbed these types of costs, and supported having the Homeowners Association directly involved. There being no other speakers, the Mayor closed the public hearing. x,192 MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Resolutions 93-41 Hornbuckle, and carried 5-0, Resolution 9341, A RESOLUTION and 93-42 Adopted 'OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, 'CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL ;YEAR 1993-1994 WITHIN CITY OF COSTA MESA LAND- SCAPING ASSESSMENT DISTRICT NO. 1, was adopted; and ;Resolution 93-42, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1993-1994 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 2, was adopted, with direction to staff to work with the residents in District No. 2, allowing them to assist wherever legally possible. Council Member Hornbuckle stated that it would be beneficial for the homeowners to take over maintenance of this small, landscaped area, if it can be done legally. Vice Mayor Humphrey asked staff to research the wide fluctuation of the fees. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place SP -86-01 for Property i set for the public hearing to consider Specific Plan SP -86-01 for at 217, 219, and 221 property at 217, 219., and 221 Avocado Street. Environmental Avocado Street Determination: "Exempt. 'The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager/Development Services summarized the Agenda Report dated May 25, 1993, and showed the site plan on an 'overhead screen. Mr. Hurlbut, 221 Avocado Street, Costa Mesa, supported leaving the Specific Plan in place, stating that he was interested in retaining the C2 zoning for future business expansion. Sid Soffer, 900 Arbor Street, Costa Mesa, explained his previous experience with this type of commercial -adjacent -to -residential zoning problem, and stated that the zoning should remain as is. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Council Member Specific Plan Retained Erickson, and carried 5-0, the Specific Plan was retained in its present form. RECESS The Mayor declared a recess at 7:50 p.m., and the meeting reconvened at 8:05 p.m. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Citywide Traffic set for the public hearing to consider Citywide Traffic Impact Fees; Impact Fees City Attorney's Report No. 93-55; Citywide Traffic Impact Fee Study; and a resolution establishing an interim traffic impact fee, with three possible options provided in the Study. Environmental Determination: EIR No. 1044 adopted for the 1990 General Plan. The Affidavit of Publication is on file in the City Clerk's office. Communications were received from Pillsbury, Madison & Sutro, 600 Anton Boulevard, Suite 1100, Costa Mesa, representing Plaza Tower project sponsors, recommending certain corrections regarding the Plaza Tower traffic mitigation obligation; Coalition for Responsible Government, 265 Briggs Avenue, Costa Mesa, urging support of an interim fee of .5 percent of building costs; Transpacific Development Company, 2377 Crenshaw Boulevard, Suite 300, Torrance, representing Curci-England Company, concurring with exclusion of freeway improvements, supporting Option 2 as shown in the Agenda Report dated May 28, 1993, and i i recommending a 12 -month period for an interim fee; and Ed Fawcett, Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Suite E-270, Costa Mesa, recommending that an interim option be selected, and encouraging a working relationship to create a solution. The Public Services Director reviewed the Agenda Report dated May 28, 1993, and the Citywide Traffic Impact Fee Study dated May 24, 1993. He stated that staff will work with the development community, the Chamber of Commerce, and all interested groups to revise and refine the trip fees and the study during the next year. Mayor Genis suggested reallocating fees for the San Joaquin Hills Transportation Corridor Agency (TCA), a regional project that does not enter Costa Mesa, and applying the funds to local, regionally related improvements. Council Member Buffa responded that the TCA fees are not calculated on a trip end basis, and that the City is legally bound to contribute. Tony Petros, LSA Associates, 1 Park Plaza, Suite 500, Irvine, reported that he met with staff to review the traffic model and discuss the methodology used in preparing the fee study, and that the session was very productive. George Sakioka, Sakioka Farms, 14850 Sunflower Avenue, Santa Ana, voiced opposition to adopting the resolution as written. He put forth Option 2, Page 2 of the May 28, 1993, Agenda Report, with $228.00 per trip end as the most logical choice. He further stated that Option 2 is the only alternative that meets the legal parameters of the fee, and requested the following exceptions: update the traffic model information; exclude the freeway improvements; review ADT versus peak hour trips for the fee assessment; and investigate excluding some arterial improvements. He proposed that a fee should adequately address and mitigate the long term impacts of new development, and addressed the nexus issue. Council Member Buffa clarified that Option 2 as noted above is the same as Alternative 1 on Page 5 of the Agenda Report. Malcomb Ross, C. J. Segerstrom & Sons, 3315 Fairview Road, Costa Mesa, supported Option 2 on Page 2, or Alternate 1 on Page 5, as the only selection which accomplishes the goal of furnishing $56 million in funds. He briefly reviewed the other two options. Color Macken, Transpacific Development Company, 2377 Crenshaw Boulevard, Suite 300, Torrance, concurred with Mr. Ross in support of Option 2; however, he felt that if Option 3 were considered, the fee should not be open ended. Kerry Smith, Harbinger Homes, 375 Promontory Drive, Newport Beach, stated that the impact of the fee being considered is as great a burden on the small builder as on the large developer, and will result in housing prices increasing, or create another disincentive to build houses in this City. Doug Hockett, Newport -Mesa Association of Realtors, 401 Newport Boulevard, Newport Beach, read a letter from the Association which addressed the detrimental effect of traffic fees on small business, and supported reducing fees to the bare minimum. x.94 a.t i Michael Kerr, Arnel, Development Company, 950 South Coast !Drive, Suite 200, Costa Mesa, asked that freeway improvements not ':be reinserted into the trip fee at a later date, that an ad hoc committee be established to work on the fees,' and that fees not be 'divorced from economic reality. He stated that there must be ;flexibility in application of the fees. ,Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the future of Costa Mesa was being discussed and time constraints were inappropriate. He commented on traffic fees in other cities. ;Paul Wilkinson, Linscott, Law & Greenspan, Inc., traffic engineers, 1580 Corporate Drive, Costa Mesa, representing C. J. Segerstrom & Sons, reported that the development community is supporting ;Option 2, the $228.00 fee per trip end, because it is fair and easy to administer. He stated that it is difficult to establish a fee which is tied to building valuation, and for simplicity, a trip that has an :impact should cost $228.00. Heather Somers, 313 Robin Hood Lane, Costa Mesa, asked why homeowners are required to incur the same cost as developers when developers create more impact on the City streets. The Transpor- tation Services Manager explained the trip fee concept to Ms. 'Somers. i There being no other speakers, the Mayor closed the public hearing. MOTION j On motion by Council Member Buffa, seconded by Council Member Fee Study Approved :Erickson, and carried` 5-0, the Citywide Traffic Impact Fee Study I was approved. '!The City Attorney suggested amending Section 2, Paragraph 1, to 'read, The traffic impact fee shall be a fee of $228.00 per each new average daily vehicle:` trip end generated by all new commercial, :industrial, and residential developments on a Citywide basis." He stated that all other language in that paragraph should be deleted. i MOTION A motion was made by Council Member Buffa, seconded by Council Resolution 93-43 Member Hornbuckle,,to adopt Resolution 93743, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A TRAFFIC IMPACT FEE PERTAINING TO NEW DEVELOPMENT IN THE CITY OF COSTA MESA AND RELATED CAPITAL IMPROVEMENT PLAN FOR TRANSPORTATION IMPROVEMENTS, to adopt an interim fee as shown in Alternative 1, Page 5 of the Agenda Report, which establishes a Citywide fee of $228.00 per each new average I daily trip end (Option 2, Page 2); to form an ad hoc committee to study the nexus and ;the accuracy of the established $228.00 fee based on the OCTAM III numbers, with staff to report in 30 days on a suggested 'structure for the committee; to replace Paragraph 1 of Section 2 of the resolution with the wording suggested by the City Attorney; and to delete Paragraph 2 of Section 2 of the resolution in its entirety. The motion carried 5-0. Amy Forbes, Gibson,' Dunn & Crutcher, Lawyers, 333 South Grand Avenue, Los Angeles; representing Sakioka Farms, discussed points of clarification in the, wording of the resolution. Council Member Buffa volunteered to chair the ad hoc committee, stating that the intent of the committee would be to move to a broader picture than merely the mathematics of what the fee is and 1 how it is calculated because there should be a more accurate determination of the specific traffic improvements needed, as dictated by the intensities established in the General Plan. He suggested that the City be more aggressive with County, State, and Federal agencies in obtaining funds to pay for some of the traffic improvements. Council Member Hornbuckle suggested that the development community could lobby on behalf of the City. Mayor Genis stated she would like to revisit some of the requirements for the thresholds when , looking into individual traffic studies, and suggested reexamining Ordinance 93-11 to this end. The City Manager stated that this item is scheduled for the July Study Session agenda, and the Executive Director of the TCA will be present. OLD BUSINESS The Deputy City Clerk presented a request for disposition of surplus Surplus Property at property at 111 Rochester Street. The City Manager reviewed the 111 Rochester Street Agenda Report dated June 3, 1993. Heather Somers, 313 Robin Hood Lane, Costa Mesa, suggested turning the subject property into a park. Council Member Hornbuckle responded that the area where the property is located is not appropriate for a park. MOTION A motion was made by Vice Mayor Humphrey to continue to Approve Negotiations negotiate the sale of the property with the bidder offering $133,000.00. AMENDED Vice Mayor Humphrey amended the motion to approve exclusive MOTION/Exclusive negotiations with the adjacent property owner._ The motion was Negotiations seconded by Council Member Hornbuckle, and carried 5-0. Approved Vice Mayor Genis stated this item was placed on the agenda to inform the public of the disposal of this property. She expressed an interest in investigating other options, such as land trades for park space when disposing of surplus properties. OLD BUSINESS The Deputy City Clerk presented from the meeting of April 5, 1993, Agreement with State an agreement with the State of California to share electrical facilities for Cost Sharing of costs on the State highway system in the City of Costa Mesa; and a State Highways resolution approving. the agreement for cost sharing of State highways in the City of Costa Mesa. The Public Services Director _ summarized the Agenda Report dated May 27, 1993, explaining that the cost sharing would reduce the liability for the City regarding routine and extraordinary maintenance. Sid Soffer, 900 Arbor Street, Costa Mesa, asked why the City and State share maintenance costs of traffic signals. The Public Services Director responded that there is an agreement that provides for the City and the State to pay for the maintenance of certain traffic signals at the intersection of State highways with any City street. Discussion ensued regarding the viability of withdrawing from the joint maintenance agreement. Council Member Hornbuckle stated that she would not like to see the City's relationship with CALTRANS jeopardized. MOTION On motion by Council Member Hornbuckle, seconded by Council Agreement Approved; Member Erickson, and carried 5-0, the agreement was approved, Resolution 93-44 and the Mayor and Deputy City Clerk were authorized to sign on Adopted behalf of the City; and Resolution 93-44, A RESOLUTION. OF THE . CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AGREEMENT FOR COST- SHARING OF STATE HIGHWAYS IN THE CITY OF COSTA MESA, was adopted. OLD BUSINESS The Deputy City Clerk presented a request to appoint five members Appointments to to the Building, Housing, and Fire Codes Board, and five members Appeal Boards to the Accessibility Standards Compliance Board. The City Manager reviewed the Agenda ,Report dated June 3, 1993. MOTION i A motion was made by Vice Mayor Humphrey, seconded by Board of Appeals Council Member Hornbuckle, and carried 5-0, to appoint to the Members Appointed ; Board of Appeals for Building, Housing, and Fire Codes, A. C. Atherton, Paul Beauchamp, Franklin Cole, Louis Chall, and James Moore; and to appoint as alternate members, Robert Fernandez and Ed Jackson. MOTION A motion was made by Vice Mayor Humphrey, seconded by Accessibility Council Member Buffa, and carried 5-0, to appoint to the Standards Compliance Accessibility Standards Compliance Board, Keith Clark, Bil Garvin, Board Members Douglas O'Kieffe, Nancy Palme, and Edward Reid; and to appoint Appointed as alternate members, Toby Weissmann and Don Williams. OLD BUSINESS i The Deputy City Clerk presented from the meeting of May 17, CDBG funds for i 1993, a request from Council for a report on the source of funds for Olive Crest Olive Crest Rehabilitation, in connection with allocation of 1993-94 Community Development Block Grant (CDBG) funds. The City Manager reviewed the Agenda Report dated June 7, 1993. MOTION I On motion by Council Member Buffa, seconded by Council Member Continued to Erickson, and carried 5-0, this item was continued to the meeting of August 16, 1993 August 16, 1993. i NEW BUSINESS ; The Deputy City Clerk presented Citywide Measure "C" street and Measure "C" Street ! parkway maintenance, and new sidewalk projects/sidewalk and Parkway !relocations after tree removals. The Public Services Director Maintenance reviewed the Agenda'Report dated May 29, 1993. i Dick Mehren, 1824 Kinglet Court, Costa Mesa, member of the Parks, Recreation Facilities and Parkways Commission, explained the Commission's recommendation to replace sidewalks after tree removal in the same location rather than relocating them to the curb and eliminating the parkway and parkway trees. MOTION ! A motion was made by Council Member Hornbuckle, seconded by Gave Direction Vice Mayor Humphrey, directing staff to proceed on the basis of the for Sidewalk recommendation from the Parks, Recreation Facilities and Parkways Replacement Commission, by replacing the sidewalks in their existing locations after tree removals, and directing staff to report on revisions to this policy (Council Policy 200-3). The motion carried 5-0. NEW BUSINESS PERS Service Credit Resolution The Deputy City. Clerk presented a resolution providing for a designated period 'to grant two years additional service credit for local miscellaneous members of the Public Employees Retirement System. The Personnel Services Director reviewed the Agenda Report dated May 28, 1993, explaining that the costs must be made public for a period of at least two weeks prior to the adoption of the resolution. He stated that the 90 -day period, June 22, 1993, through October 1, 1993, was determined to assist employees who chose to retire and to vacancies, and allow the City to explore and review reorganizational opportunities. 1 The City Attorney noted that the resolution to be considered on June 21, 1993, is different than the one attached to the Agenda Report which indicates that the cutoff date is October 21, 1993, instead of Placed on June 21, October 1, .1993, the correct date. The Mayor announced that this 1993, Agenda resolution will be considered at the meeting of June 21, 1993. 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, Request for Closed to discuss the following items: Overhead Door, et al. v. City of Session: Overhead Costa Mesa, Orange County Superior Court Case No. 70-68-01; Door v. City; Mary Mary Gordon -McDermott v.. City of Costa Mesa, Orange County Gordon -McDermott v. Superior Court Case No. 68-76-24; Waiver of conflict of interest City; Costa Mesa caused by retention of the law firm of Pillsbury, Madison & Sutro Dental Waiver; by Costa Mesa Dental Properties, Inc.; Personnel issues; and Robert Personnel Issues; and L. Walker v. City of Costa Mesa, Orange County Municipal Court Walker v. City Case No. 93C 1292. Mayor Genis announced that closed session would be held after'the close of regular business. CITY MANAGER'S The City Manager presented a tentative agreement with the Costa REPORT Mesa City Employees Association. The Personnel Services Director Tentative Agreement outlined the agreement and its effect on the City and the employees. with Employees' He stated that the salary resolution that reflects the actual Association adjustments will be presented prior to July 25, 1993, and the agreement identifies that the employees have agreed to set aside the equivalent of two and one-half percent of salary increases to create an incentive pool that, in conjunction with the two-year service credit, will create voluntary separation choices for all nonsafety employees. He also stated that the layoff policy, Administrative Regulation 2.26, becomes a part of the Memorandum of Under- standing (MOU) with the Employee Association. The City Manager clarified that this agreement does not apply to management personnel. MOTION A motion was made by Council Member Hornbuckle, seconded by Tentative Agreement Vice Mayor Humphrey, and carried 5-0, to approve the tentative Approved agreement, to amend the MOU accordingly, and move forward to 'implement the incentive pool. CITY MANAGER'S The City Manager presented the proposed City Budget for fiscal REPORT year 1993-94. He stated that the preliminary budgets represents a 1993-94 City Budget total appropriation of $61,118,450.00,which is an overall reduction of 18.8 percent in all expenditures, 49.9 percent in capital improvements, and 8 percent in operations. He reviewed the effect of the State demands on City monies. MOTION/Set for On motion by Council Member Buffa, seconded by Council Member Public Hearing Erickson, and carried 5-0, this item was set for public hearing on June 21, 1993 June 21, 1993. COUNCILMEMBER Council Member Erickson announced that he and Council Member COMMENTS Hornbuckle will meet with members of the Newport Beach City Costa Mesa/Newport Council on Tuesday, June 15, 1993, at 7:00 p.m., at Newport Heights Traffic Heights Elementary School, located at Santa Ana Avenue and 15th Circulation Issues Street in Newport Beach, to discuss the East side Costa Mesa/Newport Heights traffic circulation issues. "Slum Lord" Council Member Hornbuckle suggested developing a "slum lord" Ordinance ordinance to assist in cleaning up certain properties in the City. The City Attorney stated that one of the target areas for the Redevel- opment Agency Community Development Block Grant cleanup is the Pomona Avenue area. He stated that there are a variety of other ATTEST: r i Deputy City . ,lerk of the City of Costa Mesa 1 laws that can be utilized to deal with this issue. Vice Mayor Senior Follies Humphrey announced - that the Senior Follies will be held on Saturday, June 12, 1993, to help support the Senior Center. Neighbors for Mayor Genis announced that the Neighbors for Neighbors cleanup She Neighbors Cleanup day will be held Saturday, June 12, 1993, at 8:00 a.m. stated that she appreciated the employees' cooperation during the budget Employee Salaries crisis. She referred to a recent newspaper article which had quoted only part of what she had said regarding City jobs, stating that while there are some salaries for positions that may be out of line, overall the employees are hardworking and earning their salaries. ADJOURNMENT TO At 10:30 p.m., the Mayor adjourned the meeting to a closed session room to discuss the items listed under CLOSED SESSION in the first floor conference City Attorney's reports. MEETING The Mayor reconvened the meeting at 11:25 p.m., and the action RECONVENED taken during closed session was announced. MOTION/Authorized ,Regarding Overhead Door, et al. v. City of Costa Mesa, Orange ;County Superior Court Case No. 70-68-01, by a vote of 5-0, the to Appeal Overhead Door v. City ;City Attorney was authorized to appeal. MOTION/Gordon- ,Regarding Mary Gordon -McDermott v. City of Costa Mesa, Orange McDermott Settlement 'County Superior Court Case No. 68-76-24, by a vote of 5-0, the Demand Rejected ;settlement offer was rejected. Fee Report Received Regarding the Citywide Traffic Impact Fee, Council received and and Filed filed the City Attorney's confidential memorandum dated May 27, 1993. MOTION/Conflict of Regarding the conflict of interest caused by retention of the law firm Interest Waived for of Pillsbury, Madison & Sutro by Costa Mesa Dental Properties, Costa Mesa Dental Inc., by a vote of 4-0, Vice Mayor Humphrey abstaining, the conflict of interest, for tax matters only, was waived. Directions Given Regarding negotiations with the Police Association, Council Personnel Services for Police gave directions to the City Manager and Negotiations Director. MOTION Regarding Robert L. Walker v. City of Costa Mesa, Orange County Walker v. City Municipal Court Case No. 93C 1292, by a vote of 5-0, the City Settlement Authorized Attorney was authorized to settle in accordance with the City Attorney's confidential memorandum dated June 3, 1993. ADJOURNMENT The Mayor declared the meeting adjourned at 11:30 p.m. 1 Mayor of the City ofC to Mesa ATTEST: r i Deputy City . ,lerk of the City of Costa Mesa 1