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HomeMy WebLinkAbout10/03/1994 - City Council145 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 3, 1994 The City Council of the City of Costa Mesa, California, met in regular session October 3, 1994, 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 Margaret Johnson, First Church of Christ Scientist. ROLL CALL Council Members Present: Mayor Sandra Genis Council Member Mary Hornbuckle Council Member Peter Buffa >: ¢ Council Member Joe Erickson Council Members Absent: Vice Mayor Jay Humphrey Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Personnel Services Director Steven Hayman Assistant Finance Director Marc Davis Assistant to the City Manager Ann Gyben: Associate Planner Carol Proctor Administrative Assistant Paula Schaefer Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Hornbuckle, seconded by Council September 19, 1994 Member Erickson, and carried 4-0, the minutes of the regular meeting of September 19, 1994, were approved as distributed. ORDINANCES AND A motion was made by Council Member Buffa, seconded by Council RESOLUTIONS Member Erickson, and carried 4-0, to read all ordinances and resolutions by title only. PRESENTATION Kathy Stewart and Margaret McKinley, representing Mothers Mothers Against Against Drunk Driving (MADD), presented the first annual Deuce Drunk Driving Award to the following police officers who have achieved the milestones of 25, 50, or 75 Driving Under the Influence (DUI) arrests in a one-year period: Senior Police Officers George Rose, Garth Wilson, Gerard Stukkie, Eric Reinholtz, Russell Rose, and Richard Allum; and Police Officer Michael Yamada. She announced that MADD's Annual Community Recognition Dinner will be held on November 11, 1994, at the Pan Pacific Hotel in Anaheim. . ANNOUNCEMENTS Mayor Genis announced that October is National Down Syndrome Month and National Independent Living Month. ORAL COMMUNI- Ernie Feeney, 1154 Dorset Lane, Costa Mesa, commented that invi- CATIONS tations for a fundraiser for Council Member Buffa, to be held on City Seal Usage October 4, 1994, were imprinted with the City seal, and inquired as to the current City policy regarding use of the seal for political 10 r:0 purposes. The City Attorney clarified that there is no. existing policy nor regulations. Ms. Feeney pointed out that political correspondence containing an official seal is normally imprinted with the phrase, "Not paid for at taxpayer's expense," and indicates the committee identification number and address, none of which appeared on Mr. Buffa's invitation. Mr. Buffa responded that there is no requirement to use the disclaimer, and presented several examples where it is omitted. He stated that there is no Fair Political Practices Commission (FPPC) requirement for committee identification numbers to be included on campaign materials; however, his campaign address does appear on the invitation envelope. Mayor Genis requested that a policy for use of the City seal be developed, and suggested that this be addressed at the next study session. Business License Orville Amburgey, 945 Coronado Street, Costa Mesa, referred to Requirements Council Member Buffa's campaign statement dated August 12, 1994, wherein he lists himself as a businessman, owner of Petrone Productions, 2824 Nevis Circle, Costa Mesa. Mr. Amburgey reported that investigation has revealed that Mr. Buffa does not possess a current business license, and asked that this matter be investigated and a response provided within two weeks. Mr. Buffa replied that he did not have a business license because Nevis Circle is the corporate address, and no business is conducted there. Mayor Genis requested that staff prepare a report clarifying requirements for a business license, and the cost of the license if business is also conducted in other cities. Someone Cares Dorothy Adams, 220 Amherst Road, Costa Mesa, addressed the Soup Kitchen Someone Cares Soup Kitchen on East 19th Street, stating that she visited the facility, which was patronized by men rather than families, and suggested moving the organization to Newport Beach or Huntington Beach. She reported that these individuals sleep in the parks and commit burglaries in the neighborhood. The City Manager responded that he had received a letter from Ms. Adams, and the Police Department is investigating these allegations. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, objected to "council member bashing"; he felt that it was improper. Mr. Soffer questioned the duties of the City Attorney and was informed that his opinions and reports were only prepared at the request of a Council Member or a City official. He then questioned the traffic coordination on Newport Boulevard. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 2, Resolution authorizing records destruction for the Code Enforcement Division, Development Services Department; and Item 10(a), Exemption from the Americans with Disabilities Act Accessi- bility Guidelines and California Disabled Access Regulations for a westbound bus stop, north side of 17th Street and Irvine Avenue. MOTION On motion by Council Member Buffa, seconded by Council Member Approved Except Erickson, and carried 4-0, the remaining Consent Calendar items Items 2 and 10(a) were approved as recommended. WRITTEN COMMU- Resolution 94-88, A RESOLUTION OF THE CITY COUNCIL OF NICATIONS THE CITY OF COSTA MESA, .CALIFORNIA, AUTHORIZING Adopted Resolution RECORDS DESTRUCTION FOR THE ENGINEERING DIVI- 94-88 Authorizing SION,,PUBLIC SERVICES DEPARTMENT, OF THE CITY. OF Engineering Division COSTA MESA PURSUANT TO ORDINANCE NO. 75-60, was Records Destruction adopted. { s10 • READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Dori Avila, Individually and as Guardian ad Litem for Leigh Louise Kato, a minor, and Rikio Edwin Kato, a minor; Taeko Tina Chesley; Randy Giffin and Ann -Marie Preece; Jason G. Huwe; Rosalyn Carol Kidd; and Charles Lawrence. Alcoholic Beverage Alcoholic Beverage License for which parking has been approved License by the Planning staff: Steve Chang Lung Wen and He Zhou, doing business as China Coral, 1940-42 Harbor Boulevard. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose from Knights of Columbus, 270 Robin Hood Lane, Costa Mesa, by Approved Permit for soliciting at Stater Bros., Vons, and K -Mart, from October 14 to 21, Knights of Columbus 1994, was approved;,pursuant to Municipal Code Section 9-229. WARRANTS Warrant Resolution 1581, funding City operating expenses in the Approved Warrant amount of $1,203,437.98; and Payroll 9418 for $1,257,415.98, were 1581; Payroll 9418 approved. REJECTED CLAIMS The following claims were rejected: Halecrest Park Halecrest Park (tree roots in sewer lateral). Oetting Judy Oetting (traffic accident involving police vehicle). Richey Kathleen Richey (traffic accident on West 19th Street). Randall, et. al Cassandra Randall, Alfred Young, Joseph Young, Kathleen Barnhart, and Patricia Golden (traffic accident on West 19th). ADMINISTRATIVE ACTIONS/Approved Budget Adjustment No. 95-10 for $8,000.00, to provide additional Adjustment 95-10 for design services for the Bristol Street/I-405 Interchange Improvement Bristol/I-405 Project, was approved. Approved Agreement An agreement with the City of Santa Ana, for an estimated amount with Santa Ana for of $47,000.00, for rehabilitation of Bear Street from Sunflower Bear Street Rehabili- Avenue to Segerstrom Avenue, was approved; and the Mayor and tation Deputy City Clerk were authorized to sign on behalf of the City. Awarded Vehicle Bids received for Replacement of the Automated Vehicle Fueling Fueling System, System at 99 Fair Drive and 2300 Placentia Avenue, Project No. 94 - Project 94-18, to 18, are on file in the City Clerk's office. The contract was awarded Charles E. Thomas to Charles E. Thomas Company, Inc., 13701 South Alma Avenue, Gardena, for $61,728.00. Approved Agreement A Cooperative Project Agreement with the City of Newport Beach with Newport Beach for intersection improvements at 17th Street/Westcliff Drive at Irvine to Improve 17th/ Avenue, was approved; and the Mayor and Deputy City Clerk were Westcliff at Irvine authorized to sign on behalf of the City. Approved Agreement An agreement with Cotton/Beland/Associates, Inc., 747 East Green with Cotton/Beland/ Street, Suite 400, Pasadena, in an amount not to exceed $25,960.00, Associates for for completion of the Consolidated Plan, a new HUD requirement Consolidated Plan to consolidate strategy and plan submission for both CDBG and (CDBG and HOME HOME programs, was approved; and the City Manager was autho- Programs) rized to sign on behalf of the City. Adopted Resolution Resolution No. 94-90, A RESOLUTION OF THE CITY 94-90, Approving COUNCIL OF THE CITY OF COSTA MESA, CALI- DBE Coordinator FORNIA, DESIGNATING A__ DISADVANTAGED BUSINESS ENTERPRISES LIAISON OFFICER, was adopted, designating Baltazar Mejia as the DBE Coordinator. Code Enforcement Item 2 on the Consent Calendar was presented: Resolution Records Destruction authorizing records destruction for the Code Enforcement Division, Development Services Department, of the City of Costa Mesa pursuant to Ordinance No. 75-60. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the records would still be retained on microfilm. The City Attorney explained the procedure for determining when records meet the criteria for destruction, and stated that the subject records have not been microfilmed. Mayor Genis expressed concern that the records might be needed at some future date, and feared that a duplication of effort would be required MOTION at that time. On motion by Council Member Buffa, seconded by Continued to Council Member Erickson, and carried 4-0, this item was continued October 17, 1994 to the meeting of October 17, 1994, in order to allow staff to respond to the concerns expressed by the Mayor. ADA Guidelines for Item 10(a) on the Consent Calendar was presented: City Attorney's 17th/Irvine Bus Stop Report No. 94-67A' regarding a resolution finding an exemption ROLL CALL Agency Members Present: Chairman Peter Buffa Agency Member Mary Hornbuckle Agency Member Sandra Genis Agency Member Joe Erickson Agency Members Absent: Vice Chairman Jay Humphrey Officials Present: Executive Director Allan Roeder PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued 1994 HOME Project from the meeting of September 19, 1994, to consider an Exclusive Negotiating Agreement with Civic Center Barrio Housing Corpo- ration as developer for the 1994 HOME Project; and a list of qualified developers to be used for housing projects in 1995. A communication was received from Partnership Housing Corporation of Orange County,, 3337 South Bristol Street, No. 149, Santa Ana, providing additional information to assist in reconsidering their proposal for the HOME Project. The Assistant to the City Manager reviewed the Agenda Report dated September 27, 1994. from the Americans with Disabilities Act (ADA) Accessibility Guidelines and California Disabled Access Regulations for an existing bus stop westbound, on the north side of 17th Street and Irvine Avenue. Council Member Hornbuckle suggested that the words "public hearing" be replaced by "public meeting" wherever they appear in the resolution, and that public comment be received; MOTION however, there were no speakers. On motion by Council Member Resolution 94-89 Hornbuckle, seconded by Council Member Erickson, and carried 4 - Adopted 0, Resolution 94-89, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AN EXEMPTION FROM THE ADA ACCESSIBILITY GUIDELINES AND CALIFORNIA DISABLED ACCESS REGULATIONS FOR AN EXISTING BUS STOP WESTBOUND ON THE NORTH ADJOURNMENT TO SIDE OF 17TH STREET AND IRVINE AVENUE, was adopted. SPECIAL JOINT CITY COUNCIL/ Mayor Genis adjourned the City Council meeting to a special joint REDEVELOPMENT meeting of the City Council and Redevelopment Agency. Notice of AGENCY MEETING the special meeting was given as required by law. ROLL CALL Agency Members Present: Chairman Peter Buffa Agency Member Mary Hornbuckle Agency Member Sandra Genis Agency Member Joe Erickson Agency Members Absent: Vice Chairman Jay Humphrey Officials Present: Executive Director Allan Roeder PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued 1994 HOME Project from the meeting of September 19, 1994, to consider an Exclusive Negotiating Agreement with Civic Center Barrio Housing Corpo- ration as developer for the 1994 HOME Project; and a list of qualified developers to be used for housing projects in 1995. A communication was received from Partnership Housing Corporation of Orange County,, 3337 South Bristol Street, No. 149, Santa Ana, providing additional information to assist in reconsidering their proposal for the HOME Project. The Assistant to the City Manager reviewed the Agenda Report dated September 27, 1994. Kathy Head, Principal, Keyser Marston Associates, Inc., 500 South Grand Avenue, Suite 1480, Los Angeles, stated that her firm conducted the economic evaluation of the proposals, and explained the difference between the Civic Center Barrio Housing Corporation proposal and that received from Partnership Housing Corporation of Orange County. She stated that both proposals would meet Costa Mesa standards but each - required a different level of work. Frank De Santis, Executive Director, Partnership Housing Corpo- ration of Orange County, reviewed his letter dated September 28, 1994, and commented that a comprehensive program for counseling tenants on maintaining the property is included in his proposal, along with a tenant awareness program which allows them to participate in the decision-making process for the operation. Mr. De Santis reported that the State of California had recently granted Partnership Housing Corporation over $7 million in low-income housing tax credits. Tony Petros, 2135 Iris Place, Costa Mesa, member of the Redeve- lopment and Residential Rehabilitation (3R) Committee, commented that three organizations had provided outstanding proposals; how- ever, Civic Center Barrio Housing Corporation has an outstanding track record, and pointed out the James Street project which came in ahead of schedule and under budget. Regarding locations, he stated that Area One, which includes James Street, Wallace Avenue, and Shalimar Drive, has the most urgent need in the City, and stated that it appears that Civic Center Barrio, who do not require any City -assistance in pre -construction funding, would meet those needs. Helen Brown, President, Civic Center Barrio Housing Corporation, 431 South Bristol Street, No. 6, Santa Ana, commented that their Board of Directors has elected to work only within the cities of Costa Mesa, Fullerton, and Santa Ana, and reported that the Costa Mesa Community Housing Corporation is being established. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Agency Member Erickson, seconded by Agency Agreement Approved Member Hornbuckle, and carried 4-0, the Redevelopment Agency by Agency approved the Exclusive Negotiating Agreement with Civic Center Barrio Housing Corporation, and approved the list of qualified developers to be used for housing projects in 1995, including Partnership Housing Corporation. MOTION On motion by Council Member Erickson, seconded by Council Agreement Approved Member Buffa, and carried 4-0, the City Council approved the by Council Exclusive Negotiating Agreement with Civic Center Barrio Housing Corporation, and approved the list of qualified developers to be used for housing projects in 1995, including Partnership Housing Corporation. Council Member Hornbuckle stated for the record that the list of qualified developers would include the Partnership Housing Corporation which would qualify them for 1995. Council Member Buffa clarified that he supported the motion; however, he also supported Partnership Housing Corporation which reflected his concern that future housing rehabilitation efforts should be concentrated throughout the City. Mayor Genis was impressed by Civic Center Barrio's oustanding relationship with the tenants. . i. o OLD BUSINESS Costa Mesa Family Village MOTION Continue to October 12, 1994 The Deputy City Clerk presented Amendment No. 1 to the Disposition and Development Agreement (DDA) with the Costa Mesa Family Village; and a resolution authorizing issuance, sale, and delivery of Costa Mesa Redevelopment Agency variable rate demand multi -family housing refunding revenue bonds, 1994 Series A (Costa Mesa Family Village Apartments), and other related actions in connection therewith. The Assistant to the City Manager summarized the Agenda Report dated September 26, 1994. Kathy Head, Principal, Keyser Marston Associates, Inc., 500 South Grand Avenue, Suite 1480, Los Angeles, reviewed the existing transaction and the proposed modifications. She clarified for Council Member Buffa that this item does not relate to the Costa Mesa Single -Room Occupancy project, and responded to various other questions from Council. Barbara Leibold, Agency Special Counsel, Stradling, Yocca, Carlson & Rauth, 660 Newport Center Drive, Suite 1600, Newport Beach, responded to a question from the Mayor regarding the Parcel 1 ground lease, Attachment No. 5 to the original DDA, confirming that it is the developer's responsibility to maintain and repair the project. Christine Suzuki, Director of Property Management, Shapell Industries, Inc., Wilshire -San Vicente Plaza, Suite 700, 8383 Wilshire Boulevard, Beverly Hills, stated that after 10 years, there will be a need for many capital expenditures in order to maintain the project in the same manner as in the past. Mayor Genis requested a breakdown of the initial development costs, the source of the funds, etc., and Ms. Suzuki responded that she would provide that information. Sid Soffer, 900. Arbor Street, Costa Mesa, was concerned about Federal funds being used to finance the project. He commented that the figures in the Agenda Report were confusing. Paul Thimmig, Bond Counselor, Jones, Hall, Hill, & White, Four Embarcadero Center, San Francisco, reported that if the amendment to the DDA were not approved, the bonds could still be refunded; however, it would affect the credit underwriting by the bank. A motion was made by Chairman Buffa to continue this item to the October 12, 1994, Redevelopment Agency meeting. Mr. Thimmig stated that because the old bonds will be redeemed on November 1, 1994, there is very little time to market the refunding bonds. Agency Member Hornbuckle did not support the motion because of the time frame involved. The Assistant Finance Director related that the absolute last date for action is 10 days prior to the November 1 deadline. Mr. Thimmig clarified that there were actually two items involved: the amendment to the ground leases, and authorization for the bonds. SUBSTITUTE A substitution motion was made by Agency Member Erickson, to MOTION/Deny deny Amendment No. 1 to the DDA with the Costa Mesa Family Amendment No. 1 Village. SECOND A second substitute motion was made by Agency Member SUBSTITUTE Hornbuckle, seconded by Agency Member Genis, to continue MOTION Amendment No. 1 to the DDA to the regularly scheduled 11 Continue to October 12, 1994 MOTION Agency Resolution 176-94 Adopted CITY COUNCIL MEETING RECONVENED RECESS Redevelopment Agency meeting of October 12, 1994. The motion carried 3-1, Agency Member Erickson voting no. Agency Member Hornbuckle asked for a copy of the information being forwarded to the Mayor, and requested an additional financial breakdown on the performance of the project in the previous 10 years. A motion was made by Agency Member Erickson, seconded by Chairman Buffa, and carried 4-0, adopting Resolution 176-94, A RESOLUTION OF THE COSTA MESA REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF COSTA MESA REDEVELOPMENT AGENCY VARIABLE RATE DEMAND MULTIFAMILY HOUSING REFUNDING REVENUE BONDS, 1994 SERIES A (COSTA MESA FAMILY VILLAGE APARTMENTS), APPROVING AND AUTHORIZING. ;:;;THE EXECUTION AND DELIVERY OF RELATED AGREEMENTS, AND APPROVING OTHER RELATED ACTIONS IN CONNECTION THEREWITH. The Special Joint City Council/Redevelopment Agency meeting was adjourned, and Mayor Genis reconvened the City Council meeting. The Mayor declared a recess at 8:35 p.m., and reconvened the meeting at 8:50 p.m. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Council Review of set for the public hearing to consider a request from Mayor Genis PA -94-53, Moroso/ for Council Review of the Planning Commission's approval of Barto-Richley Planning Action PA -94-53, Robert Moroso, 964 Lansing Lane, Costa Mesa, authorized agent for Barto-Richley, 1041 West 18th Street, No. A-101, Costa Mesa, for a Conditional Use Permit to allow an auto repair use in an existing industrial building within 200 feet of residentially zoned property at 1043 Center Street, Suite B5, in an MG zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the City Clerk's office. A communication was received from Donna M. Borkland, R.N., 1045 Parkhill Drive, Costa Mesa, requesting Council to deny the request. The Deputy City Manager/Development Services reviewed the Agenda Report dated September 16, 1994, and . showed transparencies. A question and answer period ensued. The Associate Planner commented that she had a list of the uses allowed in the MG zone, and noted that are some of these would be much less suitable for the neighborhood. Robert Moroso, outlined the Corvette Service business operation, which will be open from 9:00 a. m. to 6:00 p.m. on weekdays, and consists of major repair, restorations, and component and systems overhaul; however, no body work, painting, quick service, high volume tune-up, or oil changes will be done. He reported that their projected workload will be .4 to .9 cars -per -day, and one of the conditions of the Planning Commission's approval was that only three cars can be worked on at any one time. He presented a petition signed by 39 persons who are in support of the project. The following Costa Mesa residents spoke in opposition to the proposed application: Clay Parrill, 1784 Peninsula Place; Sheri Sumner, 1836 Peninsula Place; Ruth Schuh, 1040 Spinnaker Run (who brought photographs); Sydney Mueller, 1017 Parkhill Drive; i 'Gary Patton, 1041 Regatta Run; and Grace Rosengren, 1065 Catamaran Court. Bud Richley stated that extensive research had been conducted regarding this business prior to allowing them to lease the space. He presented a letter of reference received from Mr. Moroso's business neighbor, an environmental management consultant company, which confirms that there has been no noise, odors, or other problems generated by this repair business. The following persons spoke in favor of the application: Sid Soffer, 900 Arbor Street, Costa Mesa; Robert Dyer, no address given, i automobile restorer; Larry Caddell, 10491 Knottingham Avenue, Westminster; and Mike Moroso, 964 Lansing Lane, Costa Mesa. There being no other speakers, the Mayor closed the public hearing. Council Member Erickson suggested that the owners of the industrial property schedule.a meeting with the residents of the Sea Breeze development as soon as possible to discuss problems that have occurred in the past. He requested a report from the City Manager regarding any code enforcement and police problems that have been encountered in this area. Mayor Genis concurred regarding scheduling a meeting, and suggested looking into other problems on 'the site, such as storage of vehicles in appropriate areas. MOTION A motion was made by Council Member Erickson, seconded by Resolution 94-91 Council Member Hornbuckle, and carried 4-0, to adopt Resolution Adopted Approving 94-91, A RESOLUTION OF THE CITY COUNCIL OF THE CITY PA -94-53 OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -94-53, based on the Planning Commission's Conditions of Approval and Findings, specifically a limitation of two employees, no painting or body work, keeping the bay door closed when using noise generating tools, maintaining working hours of 9:00 a.m. to 6:00 p.m., Monday through Friday, with no night work, no automobile repair work conducted outside the premises, adding a condition that no more than three cars per day shall be serviced at the business, and amending Condition No. 4 to read, "The bay door and pedestrian door on the westerly side of the building shall be kept closed when using high-powered, pneumatic i or loud noise -generating tools or equipment." Council Member Buffa asked staff to check on the height of the wall between the industrial area and the homes. The Deputy City Manager/Development Services reported that the industrial side is five or six feet, and the homeowners side is considerably higher. OLD BUSINESS ; The Deputy City Clerk presented from the meeting of September. 19, CDBG Funds 1994, award of $10,000.00 in Community Development Block Grant (CDBG) funds to nonprofit organizations for facilities improvements pursuant to recommendations of the Redevelopment and Residential Rehabilitation (3R) Committee. The Administrative Assistant reviewed the Agenda Report dated September 26, 1994. Sandee Gordon, Orange Coast Interfaith Shelter, 1963 Wallace Avenue, Costa Mesa, thanked Council for their assistance. Adrienne Stokols, Director, YMCA Community Counseling Services, 2 Executive Circle, Suite 280, Irvine, reported on the services offered to citizens of Costa Mesa. 1 Phil Morello, 1715 Samar Drive, Costa Mesa, stated that it was his understanding that the City had run out of Community Development Block Grant monies, and asked how the City could now be awarding funds. Mayor Genis explained that a portion on the funds received from the Department of Housing and Urban Development, must be used for capital improvements, some for social services, etc. The Administrative Assistant further explained the procedure. MOTION A motion was made by Council Member Hornbuckle, seconded by Funds Awarded Council Member Erickson, and carried 4-0, to approve the award of $10,000.00 as recommended by the 3R Committee: $1,717.00 to Orange Coast Interfaith Shelter, and $8,283.00 to YMCA Community Counseling Services. NEW BUSINESS The Deputy City Clerk presented the request for a waiver of traffic Request for Traffic impact fees for a project at 744 West 19th Street. The Public Impact Fee Waiver Services Director::summarized the Agenda Report dated September 26, 1994. He reported that a preliminary report on the annual revisions to the fees, including recommendations from the ad hoc committee, would be available by the October 17, 1994, meeting. Ivan Ulloa, 17795 Joshua Circle, Fountain Valley, owner of George's Mexican Food, related the problems he encountered when attempting to establish his new business at 744 West 19th Street, and showed photographs of his previous enterprise which was located 597 West 19th Street. He commented that one-third of the entire cost of the improvements would be spent on permits and fees. Tom Russo, CenFed Bank, 199 North Lake Avenue, Pasadena, the lending institution involved in the new business, reported that the trip fees were not in the original equation when calculating the loan, and indicated that the project would probably not be viable if the fees are enforced. Sid Soffer, 900 Arbor Street, Costa Mesa, pointed out that the Agenda Report indicated a lack of interest in the hardship factor. He asked what the City would do with the money, and was informed by the Public Services Director that it would be used for roadway improvements. Mr. Soffer argued that not all vehicles stopping at Mr. Ulloa's restaurant should be considered a trip end. Ed Fawcett, Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Costa Mesa, stated that the traffic impact fee being levied on this small project, even after the adjustment for prior use, is almost 25 percent of the total development cost and demonstrates that the impact fees are unreasonably high. He encouraged Council to consider other methods of funding traffic improvements. Mayor Genis pointed out for the record that the Condition of Approval adopted. March 16, 1993, did include a requirement for Development Trip Charges pursuant to the prevailing schedule of charges adopted by the City Council. The City Manager clarified for Council Member Hornbuckle that Mr. Ulloa had been paid $435,000.00 for the original restaurant, which included cost of the property, fixtures, equipment, good will, and storage of kitchen equipment for an extended period of time while Mr. Ulloa searched for a new location. The City Attorney explained that using the current ordinance, there are two basis upon which Council could grant relief from the trip fees:. the nexus requirement, or the relationship that this property has with reference to the traffic that it generates; or a traffic study that would prove there is less traffic generated at the new site. He reported that a fee deferral agreement could be used to defer the fee, which would allow the business to open, a traffic study conducted to determine the exact traffic rate, and the fee charged would be the maximum assessed. Mayor Genis clarified that this application had been delayed for j eight years; however, this had been at the request of the applicant. MOTION A motion was made by Council Member Buffa, seconded by Council Multi-year Assess- Member Hornbuckle, to utilize the mechanism to apply the $228.00 ment Approved per trip, confirmed by a study, and to collect that fee as a multi-year assessment which the owner can pay out of profits over a period of years (possibly three to five). Council Member Erickson suggested an addition to the motion, which was accepted by the maker of the motion and the seconder, to apply the square footage of the originally condemned property, for example 1,500 square feet, and using the current formula, generate the amount that it would have been when the property was acquired by the City, subtract that amount from the $62,744.15, and apply it as the City Attorney had said we could do. The motion carried 4-0. Mayor Genis expressed an interest in exploring the trip fee option for a large site, applying an assessment district, and asked the City Attorney and the Public Services Director to investigate this option. Council Member Buffa explained that he was more concerned with the fee calculation than the fee amount. RECESS The Mayor declared a recess at 11:00 p.m., and reconvened the meeting at 11:05 p.m. NEW BUSINESS The Deputy City Clerk presented a request to appoint members to Substance Abuse the Substance Abuse Committee. The City Manager reviewed the Committee Agenda Report dated September 29, 1994. MOTION A motion was made,by Council Member Hornbuckle, seconded by Boyer and Kearns Council Member Erickson, and carried 3-0, Council Member Buffa Appointed absent, to appoint Deborah Boyer and Linda Kearns as members of the Substance Abuse Committee. Council Member Hornbuckle asked that when advertising for committee applicants is in process, that alternates are included, if applicable. Buffa Returned Council Member Buffa returned to the Chambers at 11:10 p.m NEW BUSINESS The Mayor presented City Attorney's Report No. 94-29 regarding Shopping Carts an ordinance prohibiting shopping carts and/or merchandise on public property and rights-of-way, and providing for abatement cost recovery. The City Manager summarized the Agenda Report dated September 29, 1994, and suggested that the fee, which would be set by resolution, be handled through a private vendor to be selected through the bid process. Council Member Erickson suggested that abandoned carts be taken from private property as well as public property. F� 1 Dave Salcido, 954 West 17th Street, Costa Mesa, owner of property on Wallace Avenue, complained about the number of shopping carts left on Wallace Avenue, and commended Council for taking action. Ed Fawcett, Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Costa Mesa, encouraged adoption of the San Juan Capistrano ordinance which was included with the City Attorney's Report, because it does not penalize the victim, the store which has already lost the shopping cart, Phil Morello, 1715 Samar Drive, Costa Mesa, President of the Wallace Avenue Improvement Group, stated that the ordinance would help clean-up the area. He encouraged the inclusion of enforcing this rule on private property, and suggested doing whatever possible to get the carts removed from the streets. Mr. Morello reviewed several items of concern in the ordinance. Roy Pizarek, 192S'Whittier Avenue, Costa Mesa, Chairman of the Costa Mesa Homeowners Association Alliance, stated that the Alliance supports the intent of the ordinance; however, they do not want to punish the businesses. The City Attorney recommended that the issue of merchandise in the shopping carts be addressed in the ordinance. MOTION A motion was made by Council Member Erickson, seconded -by Direction Given Council Member Buffa, and carried 4-0, to direct staff at their Regarding Ordinance earliest convenience to schedule a hearing to adopt an ordinapce', similar to the San Juan Capistrano ordinance regarding- shoppirg carts. - CITY ATTORNEY'S The City Attorney presented his Report No.'94-69 regarding. notice REPORT of review, and a need for amendments to the Conflict of Interest Conflict of Interest Code pursuant to Government Code Section 87306. He reported Code that these changes would be scheduled for the meeting of November 21, 1994. CITY MANAGER'S The City Manager presented a resolution amending Resolution No. REPORT 93-87 by adjusting the rate of pay for the Deputy City Clerk on the Clerk Rate of Pay; Basic Pay Schedule; and Memorandum of Understanding (MOU) MOU with the Costa Mesa City Employees Association. The Personnel Services Manager summarized the Agenda Report dated September 26, 1994. Mayor Genis encouraged working more towards a parity with the private sector, both in terms of the jobs that are underpaid comparatively, and those which are overpaid. MOTION On motion by Council Member Hornbuckle, seconded by Council Resolution 94-92 Member Buffa, and carried 4-0, Resolution 94-92, A RESOLUTION Adopted; MOU OF THE CITY COUNCIL OF'°THE CITY OF COSTA MESA, Ratified CALIFORNIA, AMENDING RESOLUTION NO. 93-87 BY ADJUSTING THE RATE OF PAY FOR A CURRENT CITY CLASSIFICATION ON THE BASIC PAY SCHEDULE, was adopted, and the MOU was ratified. COUNCIL Council Member Erickson recognized two members of the audience, COMMENTS Paty Madueno and Eva Marin, who, along with St. Joaquim's Homework Center; Church and St. Andrews Presbyterian Church, have been attempting to establish a homework center for young people. He asked the Council and staff for any helpful suggestions to make this project Auto Club Donation feasible. He reported that the Automobile ' Club will initiate. a to SOY program of community involvement, and will begin with a donation to Save Our Youth (SOY) on October 14, 1994, at 12:00 p.m., at REA Community Center. Performance Review Council Member Hornbuckle asked if the performance reviews for the City Manager and the City Attorney were scheduled in October, and the. City Manager responded that they would be scheduled as soon as possible. ADJOURNMENT The Mayor declared the meeting adjourned at 11:40 p.m. Jt Mayor of the City of Costa Mesa ATTEST: Deputy City glerk of the City of Costa Mesa 1 F�