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HomeMy WebLinkAbout05/01/1995 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MAY 1, 1995 The City Council 'of the City of Costa Mesa, California, met in ,regular session May 1; 1995, 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 led by Mayor Pro Tem Buffa, and invocation by Mr. Wayne Kraiss, Southern California College. ROLL CALL Council Members Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle Council. Member Sandra Genis Council Member Gary Monahan Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Public Services Director William Morris Community Services Director Keith Van Holt Fire Marshall Tom Macduff Assistant Development Director/ Planning Manager Perry Valantine Transportation Services Manager Peter Naghavi Assistant to the City Manager Ann Gyben Administrative Assistant Irma Hernandez Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member April 17, 1995 Genis, and carried 5-0, the minutes of the regular meeting of April 17, 1995, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Hornbuckle, and carried 5-0, to read all ordinances and resolutions by title only. INTRODUCTION Council Member Buffa introduced Buck Johns, President of the 32nd Agricultural Association Board of Directors; and Don Martinez, former Mayor of Stanton. Mayor Erickson acknowledged the presence of former Vice Mayor Jay Humphrey. PRESENTATION Erica Sieben, Associated Student Body President of Costa Mesa Costa Mesa High High School, 2650 Fairview Road, reported that the Key Club and School Report Student Council had enjoyed their participation in the.Neighbors-for- Neighbors Clean-up at Canyon Park; ..eight students -. had been honored with the E. I. Moore Memorial Award for citizenship and commendable performance in service and scholarship-' the Seafaring Masonic Temple, Lodge No._" -708;-=the= - directors, producers, and cast of the Rogers ; and _Harris :e�sLein: musical "Oklahoma", a school production which closed k ri1-30, _6ressed their sympathy to the victims and families of the Oklahoina City 11 1 tragedy; preparation of a thesis on the novel "Crime and Punish- ment" is a new requirement for graduating seniors; the week of May 8 is Teacher Appreciation Week; and a Blood Drive is being held on Thursday, May. 4, 8:00 a.m. to 1:15 p.m., in the school cafeteria. PRESENTATION Liz Meyer, Vice President of Releaf Costa Mesa, gave a brief "Tree Hero" Award update on the group's activities, introduced the Board of Directors, and presented the City with a check for $294.00 which is the final repayment of a grant from the Tree Society of Orange County. She commended Dave Alkema, Community Services Department, for his support, and introduced Felix Posos who presented Dave with the "Tree Hero" award, in recognition of his efforts organizing tree planting events and arranging for long-term care. Mayor Erickson applauded the work that Releaf Costa Mesa has performed to beautify the City. PRESENTATION Buck Johns, President of the 32nd Agricultural Association Board of "Tree City -USA" Directors, presented the "Tree City -USA" award, and commended the City for this achievement. ORAL COMMUNI- Will King, Fullerton, suggested that the cities of Costa Mesa and CATIONS Newport Beach combine office space. He addressed the issue of the King Comments recent police shooting of two pit bulls, stating that he was unhappy about the situation. Mayor Erickson clarified that the investigation into the shooting of the dogs has shown that the police officer was protecting himself and was justified in his actions, and stated that Mr. King was not an eyewitness as Mr. King had previously indicated. Shooting Incident Steve White, 141'/z Monte Vista Avenue, Costa Mesa, a resident in the neighborhood where the shooting of the dogs occurred, thought that the actions taken by the police could have endangered residents in the area. Mayor Erickson responded that an investigation had been conducted, and the results were public information. The City Manager added that requests had been made for anyone with additional information regarding the incident to contact the City; however, to date there has been no response. Canyon Park Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, expressed his Clean-up appreciation to everyone who participated in the Canyon Park Clean- up, especially to the young persons who made a very positive impression, and to the large number of volunteers from the hispanic community. Trash Can Scavengers Marie Hover, 2082 Phalarope Court, Costa Mesa, complained about trash can scavengers that have inundated her area, indicating that she has acquired the license numbers of 25 vehicles. She stated that the situation has become dangerous, and this is a Municipal Code violation which should be enforced. Ms. Hover asked that the City notify its citizens that newspapers should be placed inside trash cans, commenting that.the price for newspaper recycling has increased to $80.00 per ton. Mayor Erickson reported that he and the City Manager recently attended a League of California Cities presentation on this topic. The City Manager commented that the City will continue to work with the Sanitary District on educating citizens regarding the problem. Ms. Hover stated that she had given the license plate numbers to Police Department Lieutenant Alan Kent, and responded to Council Member Genis by stating that Sanitary District stickers were placed on trash cans and either fell off, or were pulled off. 971 Dorothy Adams, 220 Amherst Road, Costa Mesa, also spoke regarding the scavengers, stating that they search for cans, as well as newspapers. In response to Mrs. Adams's proposal to adopt an ordinance limiting the number of recycling centers, Council Member Genis explained that a State law requires the existence of these centers and the city is preempted. Heather Somers, 427 East 17th Street, Costa Mesa, President of the Eastside Homeowners Association and a supporter of the Neighborhood Watch program, felt that scavengers interrupt the success of the program. She requested the aid of Code Enforcement personnel and the Police Department to assist with a solution to this problem. Council Member Genis suggested reporting scavengers to the Internal Revenue Service as it is doubtful that they are currently paying income tax. 19th Street Banner Sid Soffer, 900 Arbor Street, Costa Mesa, noted that the City has a banner installed on anEdison pole on 19th Street. He commented that this is the same situation as a business advertising to increase revenues. CONSENT On motion by Mayor Pro Tem Buffa, seconded by Council Member CALENDAR Genis, and carried 5-0, all Consent Calendar items were approved MOTION/Approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: David Brooks; Kenneth Finocchio; Steven Kuvet; and Christine Meister. SET FOR PUBLIC Resolution 95-31, A RESOLUTION OF THE CITY COUNCIL OF HEARING THE CITY OF COSTA MESA, CALIFORNIA, DECLARING THE Landscaping Assess- INTENTION TO LEVY AND COLLECT ASSESSMENTS ment District No. 1 DURING FISCAL YEAR 1995-1996 WITHIN CITY OF COSTA Hearing Set for MESA LANDSCAPING ASSESSMENT DISTRICT NO. 1, setting June 19, 1995 a public hearing on June 19, 1995, was adopted. Landscaping Assess- Resolution 95-32, A RESOLUTION OF THE CITY COUNCIL OF ment District No. 2 THE CITY OF COSTA MESA, CALIFORNIA, DECLARING THE Hearing Set for INTENTION TO LEVY AND COLLECT. ASSESSMENTS June 19, 1995 DURING FISCAL YEAR 1995-1996 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 2, setting a public hearing on June 19, 1995, was adopted. WARRANTS Warrant Resolution 1596, funding City operating expenses in the Approved Warrant amount of $987,335.85; and Payroll 9507 for $1,272,836.93, were 1596; Payroll 9507 approved. REJECTED CLAIMS The following claims were rejected: Galdamez Yanira Galdamez (vehicle impounded and stored). Garcia Edwin G. Garcia (vehicle impounded and stored). Grijalva Steven Grijalva (vehicle damaged by uneven manhole cover). Quinteros Edgardo & Marta Quinteros (vehicle tow charges). Toal John Toal (alleged false arrest and civil rights violations). Waco Scaffolding Waco Scaffolding and Equipment (equitable indemnity in pedestrian fatality). 4., 7-3 ADMINISTRATIVE Resolution 95-33, A RESOLUTION OF THE CITY COUNCIL OF ACTIONS/Adopted THE CITY OF COSTA MESA, CALIFORNIA, APPROVING A Resolution 95-33 HOME INVESTMENT PARTNERSHIP AGREEMENT Approving HOME PROVIDING FOR ACQUISITION AND REHABILITATION OF Investment Partner- CERTAIN MULTI -FAMILY RESIDENTIAL PROPERTIES IN ship Agreement THE CITY, approving Agreement No. M93-MC060507-01 with Civic Center Barrio Housing Corporation, was adopted. Approved Change Change Order No. 1 for $13,270.00, to the contract with Centennial Order 1 to Contract Engineering, Inc., 17300 Red Hill Avenue, Suite 150, Irvine, for with Centennial for construction management and inspection services to construct the I-405/Fairview Off- Southbound I-405 at Fairview Road offramp, Project No. 94-06 ramp Inspection [Federal and ISTEA No. STPLN-53'12(009)], was approved. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Council Review of set for the public hearing to consider the request from Council PA -95-23, Member Genis for Council Review, of the Planning Commission's Clark/Cherney decision for Planning Action PA -95-23, Nancy Clark, 233 East Coast Highway, Suite D, Corona del Mar, authorized agent for Michael Cherney, 20951 Brookhurst Street, Huntington Beach, for a Conditional Use Permit (CUP) for a residential facility for adult men and women in an existing apartment building, and a variance from parking requirements, located at 1110 Victoria Street in an R2 zone. Environmental Determination: Exempt: (The Planning Commission approved the CUP and denied the variance.) The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications opposing the facility were received from Costa Mesa residents: Bob Gunderson, 1004 Sea Bluff Drive; and Robert and Barbara Flores, 1113 Ridge Crest Circle. Mayor Erickson added for the record that the Council had received several phone calls relative to this facility; a packet from the authorized agent had been submitted prior to the meeting; and the applicant has not received a State license to date. The Assistant Development Director/Planning Manager reviewed the Agenda Report dated April 13, 1995. Nancy Clark, 2816 Broad Street, Newport Beach, authorized agent, stated that a personal visit to the recovery center would allay concerns regarding the facility and its residents. She explained that their goal is to assist the residents to become productive members of society, and asserted that this is a premium quality program. Mayor Erickson reported that he had visited the facility the previous weekend, and confirmed with Ms. Clark that she has not received a State license. Ms. Clark responded to a question from Council Member Genis by stating that there are currently 38 residents and four staff members. Dorothy Adams, 220 Amherst Road, Costa Mesa, asked why the City needed another drug and rehabilitation facility since one currently exists on Bay Street... The Planning Manager informed Mrs. Adams that the facility is Ipaid for by the residents, not the State. Peter Peterson, 316 JoAnn Street, Costa Mesa, had visited the facility and expressed the following reservations: bicycling is difficult on Victoria Street, and the facility is remote. David Burns, 1112 Ridgecrest Circle, Costa Mesa, owner of three residences in close proximity to 1110 Victoria Street, complained that the rehabilitation. facility was too large an operation for this residential area, and expressed doubts as to the previous histories of the residents. He complained that the applicants have illegally operated the business for the last 15 months, evaded full disclosure for the persons living on the premises, and violated the City's building codes. He urged Council to deny this application. Donald. Avery, 13882 Falmouth Drive, Tustin, -President of the Tustin Rotary Club, spoke on behalf of the Nancy Clark Program at the rehabilitation facility, stating that his granddaughter's mother had graduated from the °program and is doing very well. He reported that he had closely monitored the activities during her ten-month stay, and likened the Sunday evening potluck dinners to a church social. He encouraged Council to approve the application. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, commented that the apartment complex had visibly improved in the time since Ms. Clark brought the operation to this location; however, he objected to the fact that they have not been operating legally for the past year and one-half. He supported the facility but not in its present location. The Planning Manager responded to Council Member Genis by explaining that the applicant had discussed obtaining a business license with City staff since January, 1994; however, problems had been encountered regarding jurisdiction questions, determining the type of facility for program selection purposes, and various other considerations. John Depko, 259 East Bay Street, Costa Mesa, an investigator with ,the Orange County Public Defenders office, reported that he is familiar with many of the apartment complexes in Costa Mesa, and pointed out that the rehabilitation facility compares favorably with the majority of them.. He stated that the residents have a curfew, a job, financially support the program, and he doubted that a cleaner, better environment could be located in any low to medium -rent complex. He complimented the effort by saying that this is the premier program of its kind. Will King, Fullerton, commented that Costa Mesa does not need any more rehabilitation facilities. Terry Toman, 2188 Pacific Drive, Unit D, Costa Mesa, a State certified real estate appraiser, supported the project, acknowledging that the condition, upkeep, and pride of ownership apparent in the property, ranks among the best, and would have a positive impact on surrounding property values because it is a quiet, well-run, well- maintained component of the neighborhood's property profile. He reported that he had visited the facility, met some of the employees and clientele, and noted that they deal exclusively with substance abuse victims who are in need of supervised living arrangements. He praised the residents, commenting that they are not the type of people that should instill concern in surrounding residents. Ben Strick, a retired police officer and owner of property at 1124 Victoria Street, Costa Mesa, opposed the facility because of its location across the street from an elementary school. He described similar situations from his experience, and felt that the City is "courting disaster" if the application is approved. Lisa Stern, 817 Victoria Street, Costa Mesa, spoke on behalf of the program explaining that her husband had been a participant for approximately one year, and as a result their lives have changed for the better. Peter Dean, 1110 Victoria Street, Costa Mesa, understood the complaints regarding the recovery center; however, he felt that it is one of the best kept places in the area. Nancy Mackiewicz, representing the owners at 1104 and 1106 Victoria Street, supported denial of the application because the building, if committed to this type of use, is not designed to minimize the impact on the surrounding community, and complained about noise, littering, and parking problems. She expressed her concern regarding which agency would police and control the facility. Isabella Whitfield, 1110 Victoria Street, Apt. B, Costa Mesa, a recovering drug addict who now attends Orange Coast College and is active in the community, objected to possible closure of the facility. She reported that she had talked to neighboring businesses and was told that residents of the facility were good people. David Engstrom, clinical psychologist and supervisor of Hoag Hospital Chemical Dependency Center, who personally observed this program in action; felt it is a good operation. He noted that the clients are well screened and have committed relatively minor offenses. He noted that clinically, it is an excellent program. The following patients, former patients, and parents, spoke in support of the rehabilitation facility: Tammy Dotson, 4978 Park Place, Yorba Linda; Lee Schroeder, 1110 Victoria Street, Costa Mesa; Tim Armstrong, 817 Victoria Street, Costa Mesa; and Linda Dean, no address given. Heather Somers, 427 East 17th Street, Costa Mesa, President of the Eastside Homeowners Association, read a statement of opposition to the application which indicated that the location was inappropriate, and she objected to the manner in which the program was instituted. She complained that the facility is in violation of City codes and regulations, as well as operating illegally under the State law, and MOTION referred to it as an alternative jail site. On motion by Council Additional Minute Member Genis, seconded by Mayor Pro Tem Buffa, and carried 5-0, Granted Mrs. Somers was granted an additional minute to speak. Mrs. Somers commented that there should be an increased number of parking spaces, noting that an overload of guest cars will cause a burden on the adjacent residential streets. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the problems of substance abuse in Orange County. Nancy Palme, 1997 Kornat Drive, Costa Mesa, representing the officers of the Mesa Verde Homeowners Association, contended that the business was begun illegally and continued to operate illegally for a long period of time; the Internal Revenue Service states that once a fee is received for goods or services, it constitutes a business and a business license must be obtained; the owner of the complex is an absentee slum lord; and the patients at the facility are not first offenders. She supported denial of the CUP. Susan Emerson, 1923 Whittier Avenue, Costa Mesa, reported that she had a brother and a step -son who benefitted from rehabilitation programs; however, good people may do bad things when they are under the influence. She addressed the additional traffic incurred because of meetings and the Sunday potluck dinners and the effect it would have on the neighborhood. Ms. Emerson confirmed that there is a need for these programs but it is not appropriate to place a program of this size in a residential neighborhood or near a school. Jim Ross, 3099 Sumatra Place, Costa Mesa, believed the program and the people involved are a positive influence in the area, where he owns a home. 2 PV Paula Litton, 1161 Gleneagles Terrace, Costa Mesa, expressed concern regarding the size of the operation, the fact that it has been running illegally, and the proximity of the elementary school. She suggested retaining the option to revoke the CUP in the future. Mayor Erickson asked Nancy Clark if she agreed with the Conditions of Approval were the application to be approved, and she replied in the affirmative. She clarified the methods of patient referral, stated that the operation is privately funded by the residents, and explained the method of enforcing the curfew. Ms. Clark commented that: parking at the facility has not been a problem, even with visitors, because many of the residents do not own vehicles. She reported that everyone at the facility was randomly tested for drug or alcohol use on a regular basis, usually once or twice a week, and reviewed the history relating to obtaining a City business license, stating that she had not been operating illegally. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Mayor To Deny PA -95-23 Erickson, to deny Planning Action PA -95-23, with the findings that the facility is located in the wrong area, and the intensity of the use 'in that location is ill-advised, Council Member Genis commented that the program is a good one; however, supported the motion because she was concerned about a staff person not being on the premises at all times; inadequate monitoring of the program; and insufficient parking on the potluck dinner evenings. Council Member Hornbuckle did not support the motion, noting that a CUP would give the City a measure of control over the facility. Council Member Monahan felt that the facility was good for the neighborhood and did not support the motion. The City Attorney advised Council that the findings cited did not contain any unique factors which reference this specific use. RECESS The Mayor declared a recess at 8:50 p.m., and reconvened the meeting at 9:05 p.m. AMENDED Mayor Pro Tem Buffa amended the motion, seconded by Mayor MOTION Erickson, to adopt Resolution 95-34, A RESOLUTION OF THE Resolution 95-34 CITY COUNCIL OF THE CITY OF COSTA MESA, Adopted Denying CALIFORNIA, DENYING PLANNING ACTION PA -95-23, with PA -95-23 the findings that the information presented during the public hearing does not substantially comply with Costa Mesa Municipal Code Section 13-347, in that the residential facility is not substantially compatible with other developments in this same area due to the intensity of the use which has resulted in disturbances to neighboring residents, and due to inadequate on-site parking and inadequate monitoring of residents; and specifying a 90 -day transition period for the return from a sober living environment to an apartment building. Council Member Hornbuckle disagreed with the findings, pointing out that the area is multi -family residential, and the building is, and will remain, an apartment use. The City Attorney clarified that the residents may remain as tenants in the apartment building, since the action would only deny the ability of the applicant to use the apartment complex as a recovery house. The Planning Manager explained that denial of the CUP would eliminate. services, programs, treatment, curfew, the requirement that the tenants attend meetings, and drug testing. The motion carried 3-2, Council Members Hornbuckle and Monahan voting no. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Multi -Family set for the public hearing to consider an ordinance amending Residential Projects Sections 13-136, 13-1481 13-252, .and 13-529 of Title 13 of the Costa Mesa Municipal Code regarding voluntary redevelopment of nonconforming multi -family residential projects. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. Will King, Fullerton, did not approve of forcing redevelopment. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Continued to Hornbuckle, and carried 5-0, the public hearing was continued to the May 15, 1995 meeting of May 15, 1995. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Citywide Traffic set for the public hearing to consider the annual review and revision Impact Fee Program of the Citywide Traffic Impact Fee Program, including a revised traffic impact fee study; resolution establishing a final traffic impact fee; annual accounting of the Citywide Traffic Impact Fee Program; and payment plan as recommended by the Ad Hoc Finance Committee. The Affidavit of Publication is on file in the City Clerk's office. Communications were received from: QSC Audio Products, 1675 MacArthur Boulevard, Costa Mesa, opposing traffic fee increases and recommending a reduction in fees based upon six adjustments to the City's Planning Policies and Transportation Improvement Program; and Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Suite E-270, Costa Mesa, requesting that Council review the fee in a regional context that considers equity with neighboring- cities and creates competitive incentives for new business opportunities. Mayor Erickson noted that this item was discussed at a Council Study Session, and the Transportation Services Manager met with Council Members individually. The Public Services Director and Transportation Services Manager summarized the Agenda Report dated April 21, 1995. A question and answer period ensued. Will King, Fullerton, thought that businessmen would revolt because of the fee. George Sakioka, Sakioka Farms, 14850 Sunflower Avenue, Costa Mesa, reiterated that a major point of concern is the inclusion of major freeway improvements in the physical improvement plan of the program. He, encouraged Council to investigate alternatives on how to structure the fee program. Heather Somers, 427 East 17th Street, Costa Mesa, President of the Eastside Homeowners Association, read a prepared statement regarding the increase or decrease of trip fees for developers, proposing that the businesses that generate the traffic should pay for road improvements. She is opposed to the San Joaquin Hills Corridor, indicating that it would impose an incredible adverse impact on the City. Jay Humphrey, 1620 Sandlewood Street, Costa Mesa, supported the $274.00 trip fee and the recommendations of the Ad Hoc Committee. , He explained that the traffic mitigation measures developed with the General Plan need to be accomplished, and the trip fees have been developed from the number of increased traffic demands generated by those who are paying the fees. Ed Fawcett, Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Suite E-270, Costa Mesa, pointed out inconsistencies between the General Plan and several traffic improvement costs upon which the traffic impact fees are calculated. He enumerated several street widenings which contradict City goals by requiring the condemnation and acquisition of more than 100 homes, businesses, and the relocation of at least eight mobil homes. He emphasized that the revision of the traffic impact fee should reflect consistency with, and support for, the Goals and Objectives as stated in the General Plan. Nancy Palme, 1997 Kornat Drive, Costa Mesa, referred to the Freeway Access Fee Analysis, Page 18 of the Agenda Report, commenting that two of the projects had been completed and should not be included, and asked why the City had such a significant share of the cost of improvements for the SR -73 and I-405 connectors. She asked the effect of the traffic fee changes on the removal of the Gisler Avenue and 19th Street bridges from the County's Master Plan of Arterial Highways. The Transportation Services Manager responded that the two completed projects had been included because they had been incorporated in the calculation for the $228.00 trip fee. He explained that the improvements will have a minimal impact on the proposed 19th Street bridge, and improvements to the I-405 will lessen the probability of building the Gisler Street bridge. Regarding the cost of connector improvements, he stated that the City's portion of the fee is very insignificant when considering the entire amount. � . Mayor Pro Tem Buffa announced that the State of California Department of Transportation (CALTRANS) would conduct a town hall meeting regarding the San Joaquin Hills Corridor, I-405, SR -73 confluence in City Hall Conference Room 1A, Wednesday, May 3, 1995, at 7:00 p.m. Paul Freeman, representing C. J. Segerstrom & Sons, 3315 Fairview Road, Costa Mesa, explained that as a developer, their main focus is on arterials where relatively small changes can have a potentially significant impact. He expressed concern about paying a higher fee at a later time. There being no other speakers, the Mayor closed the public hearing. Council Member Monahan expressed concern regarding projects on which the fee is based, especially on arterials, which may not be accomplished in the near future. He did not support taking residences to widen streets. The City Attorney responded to a question from Council Member Monahan by stating that if a property owner feels that the fee is too high, he may apply for a refund. Motion to Reduce A motion was made by Council. Member Monahan, seconded by Freeway Access Mayor Pro Tem Buffa, to reduce the 26 percent figure (as indicated Fees Withdrawn in Freeway Access Improvements, Page 2, of the April 28, 1995, Agenda Report) to a more reasonable percentage: retain the 63 percent for ramps ($9.9 millionthe braids to 5 percent ($2.3 million), and lower the mainline to 8 percent ($1.0 million), for a total of $13.2 million charged for freeway improvements, using these as target figures, and directing staff to contact CALTRANS, the Orange County Transportation Authority (OCTA), and the Transportation Corridor Agency (TCA), requesting their input on the effects of this type of an adjustment, and directing staff to report their findings at the May 15, 1995, Council meeting. After discussion, Council Member Monahan withdrew the motion. As a point of clarification, Council Member Genis stated that the Ad Hoc Committee had investigated dividing the City into zones to more fairly equalize the fees; however, there was no valid way to accomplish this feat. .,S`279 Motion to Adopt A motion was made by Council Member Genis, seconded by Mayor Committee's Recom- Erickson, to adopt the Ad Hoc Committee's recommendations, and mendation Died to initiate studies to eliminate from the General Plan local for Lack of a Second improvements that would necessitate the condemnation of certain properties, including the reduced land use that would be attendant upon that, with excess fees to be rebated as appropriate, including those fees that may be made up of outside funds. Mayor Erickson withdrew his second because he did not concur with the full impact of the Ad Hoc Committee's freeway access improvement costs. Motion to Combine A motion was made by Council Member Monahan, seconded by Costs Died for Mayor Pro Tem Buffa, to combine the Freeway Access Lack of a Second Improvement costs of 63 percent for ramps, 5 percent for braids, and 8 percent mainline, for a local share total of $13.2 million, adjusting the local funding for arterial improvements to zero on 22nd Street (approximate local share $7.7 million), Del Mar Avenue ($2.2 million), and two ' improvements on Wilson Street ($3.2 and $1.9 million), transferring monies to the unfunded amount, and review at a future time as a General Plan Adjustment on the Master Plan of Highways. After discussion, Mayor Pro Tem Buffa withdrew his second. Motion to Reduce Council Member Monahan restated his previous motion, which was Freeway Access seconded by Mayor Pro Tem Buffa: To approve Freeway Access Improvement Fees Improvements of 63 percent for ramps, 5 percent braids, and 8 Failed to Carry percent mainline, for a total of $13.2 million, and a zero local share on 22nd Street, Del Mar Avenue, and the two Wilson Street improvements. The motion failed to carry 3-2, Council, Members Erickson, Hornbuckle, and Genis, voting no. Council Member 'Genis did not support the motion because fees would be eliminated for those individuals requiring the improvements, and the improvements would remain on the Master Plan of Highways. She stated that if the improvements were taken out without taking out the density, there would be a move away from a commitment that the City made to maintain certain levels of service, as stipulated in Measure M and Proposition 111. Council Member Hornbuckle explained that she might have supported a reduction in the Freeway Access Improvement costs but disagreed with leaving the improvements on the Master Plan of Highways and taking the local share down to zero. MOTION On motion by Council Member Hornbuckle, seconded by Council Approved Traffic Member Genis, and carried 5-0, the revised Citywide Traffic Impact Fee Study Fee Study was approved. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Approved Annual Tem Buffa, and carried 5-0, the annual accounting of the Citywide Accounting Traffic Impact Fee Program was approved. MOTION/Approved On motion by Council Member Hornbuckle, seconded by Mayor Pro Payment Plan Tem Buffa, and carried 5-0, the Payment Plan as recommended by the Ad Hoc Finance Committee, was approved. Mayor Pro Tem Buffa expressed his desire to keep the Ad Hoc Committee in tact in order to explore alternative funding sources and to suggest creative financing. MOTION A motion was made by Council Member Hornbuckle, seconded by Adopted Resolution Mayor Pro Tem Buffa, to adopt Resolution 95-35, A RESOLUTION 95-35 Approving OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, $200.00 Trip Fee CALIFORNIA, RE ESTABLISHING A TRAFFIC IMPACT FEE PERTAINING TO NEW DEVELOPMENT IN THE CITY OF COSTA MESA AND RELATED CAPITAL IMPROVEMENT $ 0 PLAN FOR TRANSPORTATION IMPROVEMENTS, approving an average daily trip fee of $200.00 per trip end. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, asked for clarification on the amount of the trip fee, stating that since a rebate is issued if the fee is too high, would there be a charge in the future for fees that are too low. Council Member Hornbuckle explained that the monies would' go into a fund and would finance upcoming projects, and the monies which are declared unfunded are for projects that will probably not be built. Substitute Motion A substitute motion was made by Council Member Monahan, to Reduce Fee to seconded by Mayor Pro Tem Buffa, to reduce the fee to $188.00 per $188.00 Failed to trip. The substitute motion failed to carry 3-2, Council Members Carry Erickson, Hornbuckle, and Genis, voting no. Council Member Genis believed, that the proposed reduction in the trip fee was too great, and did not agree with taking action until the -it had been determined how the reduction would affect existing ;development agreements. The original motion for a $200.00 trip fee carried 3-2, Council Members Erickson and Genis voting no. RECESS The Mayor declared a recess at 11:05 'p. m. , and reconvened the meeting at 11:10 p m. OLD BUSINESS The Deputy City Clerk presented from the meeting of April 17, BID Appointments 1995, Business Improvement District (BID) Advisory Board appointments. The Administrative Assistant reviewed the Agenda Report dated April 26, 1995. Will King, Fullerton, approved of appointing seven members to the Board. Wayne Bodington, General Manager of The Westin South Coast Plaza Hotel, 686 Anton Boulevard, Costa Mesa, commented that the seven largest hotels in Costa Mesa fully support creation of a Business Improvement District for tourism promotion, and encouraged Council to proceed with the appointment of the seven members to the BID Advisory Board. He stated that this concept will promote Costa Mesa's identity and image, as well as bring additional dollars into the City. MOTION/Appointed On motion by Council Member Hornbuckle, seconded by Mayor Pro Archuleta, Peiser, Tem Buffa, and carried 5-0, Russell J. Archuleta, John Peiser, Palta, Bodington, Saltinder Palta, Wayne Bodington, Kandee C. Chavez, Charles Chavez, Knowlton, Knowlton, and Emmett Steed, were appointed members of the BID and Steed Advisory Board; Council Member Hornbuckle and the City Manager, or his designee, were appointed as nonvoting members; and Council Member Monahan was appointed alternate. OLD BUSINESS The Deputy City Clerk presented from the meeting of April 17, Measure A 1995, resolution concerning litigation challenging Measure A, and City Attorney's Report No. 95-44. The City Attorney reviewed his report dated April 24, 1995. MOTION A motion was made by Council Member Genis, seconded by Mayor Resolution 95-36 Pro Tem Buffa, and carried 5-0, to adopt Resolution 95-36; A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING LITIGATION CHALLENGING MEASURE A, revising Paragraph 1 on Page 2 to read: "The City of Costa Mesa supports the will of the voters regarding Measure A and encourages defense of Measure A if ..,. 1''281 challenged, without cost to the City"; and amending Paragraph 2 to read: "The City Attorney is directed to monitor the defense of Measure A...... NEW BUSINESS Citizen Advisory The Deputy City Clerk presented recommendations for Citizen Committees Advisory Committees: Transfer the Redevelopment and Residential Rehabilitation (3R) Committee to the Redevelopment Agency. Disband the Cultural Arts Committee and the Multi -family Residential Rebuilding Incentives Committee. Send letters of appreciation to members of committees that have been disbanded. Change Cable ;Television Committee to "ad hoc" status. Prepare press release to fill remaining committee vacancies. MOTION/Status of Earlier in the meeting, a motion was made by Mayor Pro Tem Multi -family Com- Buffa, seconded by Council Member Hornbuckle, and carried 5-0, mittee Continued to continue the Multi -family Residential Rebuilding Incentives to May 15, 1995 Committee status to the meeting of May 15, 1995. The Administrative Assistant summarized the Agenda Report dated April 26, 1995. Mayor Erickson reported that other committees would be reviewed at the July 10, 1995, Council Study Session. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Approved Recommen- Genis, and carried 5-0, the following action was taken: Transfer of dations the 3R Committee to the Redevelopment Agency was approved; the Cultural Arts Committee was disbanded; staff was directed to prepare and send letters of appreciation to members of disbanded committees; the Cable Television Committee was disbanded; and staff .was directed to prepare a press release to fill remaining committee vacancies. NEW BUSINESS The Deputy City Clerk presented a resolution requesting that the Hazardous Materials Costa Mesa Fire Department be designated the administering agency for Hazardous Materials Disclosure and Risk Management and Prevention. The Fire Marshall reviewed the Agenda Report dated April 19, 1995. MOTION Resolution 95-37 -Adopted NEW BUSINESS. Fish Fry Carnival Banners and Waiver of Fees Will King, Fullerton, commended staff for their work on this item. On motion by Mayor Pro Tem Buffa, seconded by Council Member Monahan, and carried 5-0, Resolution 95-37, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THAT THE ORANGE COUNTY BOARD OF SUPERVISORS DESIGNATE THE COSTA MESA FIRE DEPARTMENT AS THE ADMINISTERING AGENCY FOR HEALTH AND SAFETY CODE, CHAPTER 6.95 (HAZARDOUS MATERIALS DISCLOSURE AND RISK MANAGEMENT AND PREVENTION), was adopted. The Deputy City Clerk presented a request from Costa Mesa - Newport Harbor Lions Club for installation of banners; and waiver of fees for staff support and rental of the Neighborhood Community Center for the annual Fish Fry Carnival. Mayor Erickson reported that Bob Dugan, President of the Costa Mesa -Newport Harbor Lions Club, had been in the audience; however, had left after the last recess. The Assistant to the City Manager reviewed the Agenda Report dated April 24, 1995. Will King, Fullerton, did not approve of the waiver of fees. MOTION A motion was made, by Council Member Hornbuckle, seconded by Banners Approved; Council Member Genis, and carried 5-0, to approve installation of Approved C5 Rate the banners pursuant to Council Policy 500-6, stipulating that the for Fees position of the banners be reviewed to determine if they are located in a residential area; and authorizing staff fees to be charged at the C5 rate. Council Member Hornbuckle clarified that the Lions Club channels profits from the event to charitable organizations, with an emphasis on those that are youth -oriented. NEW BUSINESS The Deputy City;: Clerk presented a request from "Imagination Imagination Celebration of Orange County" for partial closure of Town Center Celebration Drive from 6:00 a.m. to 5:00 p.m., Saturday, May 6; and from Street Closures 8:00 a.m. to 5:00 p.m., Sunday, May 7, 1995. The Assistant to the City Manager summarized the Agenda Report dated April 24, 1995. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Closures Approved Monahan, and carried 5-0, the street closures were approved. NEW BUSINESS The Deputy City Clerk presented a request from Freedom Neighborhood Clean- Homes/Canyon Park Group for closure of Federal Avenue at 19th up Street for Neighborhood Clean-up. The Assistant to the City Manager reviewed the Agenda Report dated April 25, 1995. Mayor Erickson reported that he had met with a number of the neighbors the previous Wednesday, and was impressed with their plans to repair homes in the neighborhood. Council Member Genis explained that the clean-up would be held on May 20, 1995, from 8:00 a.m. to 4:00 p.m., and invited City residents to participate. MOTION On motion by Council Member Genis, seconded by Mayor Pro Tem Closure Approved Buffa, and carried 5-0, the street closure was approved, and staff was directed to draft a policy on closures for final approval by Council. NEW BUSINESS The Deputy City Clerk presented a resolution authorizing an Funds for Tree application to plant 312 trees in the public right-of-way throughout Planting the City. The Community Services Director summarized the Agenda Report dated April 24, 1995. MOTION: On motion by Mayor Pro Tem Buffa, seconded by Council Member Resolution 95-38 Hornbuckle, and carried 5-0,. Resolution 95-38, A RESOLUTION Adopted OF THE CITY COUNCIL OF ;THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING AN APPLICATION FOR THE URBAN FORESTRY PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION BOND ACT OF 1988, was adopted. NEW BUSINESS The Deputy City Clerk presented the installation of New Tot Lot Tot Lot Equipment Equipment and Handicap Access Improvements at Brentwood, Del and Handicap Access Mesa, Gisler, Pinkley, Smallwood, Wilson, and Wakeham parks, at Seven Parks contingent upon submission and approval of contract documents; and a change order to upgrade the proposed equipment to meet specifications. The Community Services Director reviewed the Agenda Report dated April 25, 1995. Mayor Erickson stated for the record that the City Attorney had advised that the best option would be to reject all bids and re -bid the project. In response to the 1 Mayor's concerns regarding completing the project, the City Manager suggested incorporating into the specifications a clause which indicates that the contractor must have construction underway no later than July 15, 1995. The Community Services Director reported that State grant monies totalling $236,000.00 are being utilized for this project, and the State has agreed to a time extension. MOTION On motion by Council Member Hornbuckle, seconded by Council Bids Rejected Member Genis, and carried 5-0, all bids were rejected and authorization was given to re -bid the project. Mayor Erickson emphasized that this action was taken with the understanding that everything would be done to have the project started by July 15, 1995. CITY ATTORNEY'S The City Attorney presented his Report No. 95-46 regarding an anti - REPORT camping ordinance; Tobe v. City of Santa Ana. Anti -Camping Ordinance Will King, Fullerton, thought that this was a bad idea. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council City Attorney Member Monahan, and carried 5-0, directing the City Attorney to Directed to Prepare study existing ordinances regarding camping and/or sleeping on the Ordinance streets, to examine the Santa Ana ordinance as a possible model, and to return an appropriate ordinance for Council approval. Council Member Genis suggested not moving too hastily on this matter as the legality is still undecided. Council Member Hornbuckle agreed that there were some areas of this matter which should inspire caution. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Request Government Code Section 54956.9(a) to discuss the following: for Closed Session: Eugene Scarcello v. City of Costa Mesa, Orange County Superior Scarcello v. City; Court Case No. 71-82-79; and Orange County and Orange County Orange County Investment Pool, United States Bankruptcy Court Case No. SA 94 - Investment Pool 22272 JER. Mayor Erickson announced that closed session would be held at the conclusion of regular business... COUNCIL Council Member Monahan stated that the issue of dealing -with the COMMENTS buses which travel on Orange Avenue is one of his -goals as a Orange Avenue Buses council member. He reported that after meeting with -'residents and staff, talks have been initiated with Orange Count; Transit Authority who are currently examining several alternatives': Planning Staff Council Member Genis complimented the Planning staff who Complimented/ recently gave a rapid response to someone1itete-stetl.-in opening a Neighbors -for- business in the City. She thanked those who - participated in the Neighbors/General Neighbors -for -Neighbors Program. She suggested implementing a Plan Policy/City General Plan policy to eliminate improvements that involve the Monies from County taking of homes. She asked that the following be set for discussion at an upcoming study session: what can be done about adjusting funds received from the County of Orange; and initiating formal discussions with the County about non -monetary considerations that were available. She asked that these considerations be put in a formal letter to the County. She addressed the issue of working with; the Newport -Mesa Unified School District on this issue, and that the City receive some sort of security. _284 2$4 Week of the Young Council Member Hornbuckle reported that last week was the "Week Child/Teacher of the Young Child" in recognition of the importance of being more Appreciation Week protective of the young. She commented that next week is Teacher Appreciation Week. Derby Day at Bark Mayor Erickson announced that on Saturday, May 6, 1995, from Park 10:00 a.m.,:to 2:00 p.m. at the Bark Park, Derby Day will be held as a fund-raiser for the park which is privately supported. ADJOURNMENT TO At 11:50 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the items previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 12:05 a.m., and the action RECONVENED taken during closed session was announced. MOTION/Authorized Regarding Eugene Scarcello v. City of Costa Mesa, Orange County Scarcello v. City Superior Court Case No. 71-82-79, by a vote of 5-0, the City Settlement Attorney was authorized to make the settlement offer as outlined in the confidential memorandum from the Assistant City Attorney dated April 25, 1995. MOTION/Authorized Regarding Orange County and Orange County Investment Pool, Execution of Settle- United States Bankruptcy Court Case No. SA 94-22272 JER, by a ment Agreement/ vote of 5-0, the City Attorney was authorized to execute the Option A Comprehensive Settlement Agreement and to change the election from Option B to Option A. - ADJOURNMENT The Mayor declared the meeting adjourned at 12:10 a.m. Mayo of the City of Costa Mesa ATTEST: 1• Deputy Cit lerk of the City of Costa Mesa