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HomeMy WebLinkAbout07/01/1996 - City CouncilF� REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 1, 1996 The City Council° of the City of Costa Mesa, California, met in regular session July 1, 1996, 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 Pastor Jim Bradford, Newport -Mesa Christian Center. 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 Assistant Development Director/ Planning Manager Perry Valantine Public Services Director William Morris Building Official Tony C'DeBaca Assistant to the City Manager Ann Gyben Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member June 17, 1996 Hornbuckle, and carried 5-0, the minutes of the regular meeting of June 17, 1996, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Genis, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Erickson announced that a presentation would be given to Harry Westover Harry Westover for his assistance to the Police Department. Costa Commendation Mesa Police Sergeant David Walker described the incident whereby Mr. Westover witnessed a hit and run accident on June 4, 1996, near Placentia Avenue and 18th Street, pursued the suspect, and escorted him back to the location prior to arrival of the police. Police Sergeant Walker expressed his gratitude to Mr. Westover for apprehending the suspect. Mayor Erickson thanked Mr. Westover for being a good citizen and presented him with a letter of commendation. ANNOUNCEMENTS Mayor Erickson announced that. a presentation would be given Assembly Bill 2109/ regarding Assembly Bill 2109, "The Orange County Special District Water District Board Efficiency Act", under the Reports of the City Manager. Mayor Members and Orange Erickson also recognized members of. the Mesa Consolidated Water County Fairgrounds District Board and the Board of Directors of the Orange County Board of Directors ' . Fairgrounds who were in attendance. ORAL COMMUNI- Dave Sperling, 3201 Delaware Place, Costa Mosa, reported that CATIONS/Road there is a large dirt pile next to the road on Gisler Avenue, between Conditions on Gisler Washington and Iowa Streets adjacent to the Mesa Verde Golf 239 Course: He stated that when it rains the dirt is washed down the road and causes a flood because there is no curb. The Public Services Director suggested installing an asphalt curb or telephone poles to restrict access into that area. He noted that there is a dirt drainage channel on, the south side of that street which carries a significant amount of the run-off. Mayor Erickson suggested that staff review the video that Mr. Sperling provided. The Public Services Director stated that he would submit a report to Council and Mr. Sperling within 30 days. Industrial Noise Clay Parrill, 1784 Peninsula Place, Costa Mesa, felt that a letter at 1041 West 18th ; prepared by the Code Enforcement Department which addressed the Street industrial noise problem at 1041 West 18th Street was inaccurate. He' stated that there have been numerous letters sent to the Senior Code Enforcement Officer regarding the noise but a response has not been received. Mayor Erickson stated that he has sent letters to various homeowners regarding this issue. The Assistant Development Director/Planning Manager explained that a study was completed by the City, and no violations to the Noise Ordinance were found. He added that staff has responded to the various phone complaints about the adjacent industrial businesses. Mayor Erickson felt that as a matter of Council Policy, staff should acknowledge receipt of complaint letters within 10 working days. The City Manager suggested that staff organize all correspondence from the Code Enforcement Department and the City Manager's office on behalf of the Mayor and provide it to the parties present. Mr. Parrill asked when he will receive the sound study data he requested at a previous Council meeting. The Planning Manager replied that the consultant has been asked to provide the data, and Mr. Parrill will be notified of the status tomorrow. Mayor Erickson requested that Mr. Parrill substantiate the allegations of City employees forewarning the industrial park tenants of noise tests. Deborah Bramlett, 1788 Peninsula Place, Costa Mesa, commented that her phone calls and letters regarding the industrial noise at 1041 West 18th Street have been unanswered by the City: She believed that the City was unwilling and unable to enforce the Noise Ordinance. She gave examples of various incidents that have occurred at the industrial property. Ms. Bramlett suggested that staff enforce the law and issue misdemeanor violations as stated in the Municipal Code. Shari Sumner, 1836 Peninsula Place, Costa Mesa, referred to a letter dated November 9, 1995, prepared by ` the Senior Code Enforcement Officer, addressed to Mr. Bud Richley, owner of the industrial property, which stated that he is to direct his tenants that outdoor work is prohibited and that the prohibition will be strictly enforced; however, last month the residents were told that tenants of the industrial park are allowed to work with their doors rolled -up. Ms. Sumner mentioned that there was a man Working on a car in the industrial park that did not have a business license with the City for car restoration. The Planning Manager reported that staff has investigated the complaint regarding an unauthorized auto body shop and found that employees of the industrial site were working on their own vehicles and it was not related to the business. Mayor Erickson requested that staff inspect this particular unit again to detect if this. is actually a business. Professor Bruce Wardin, 2232 West Woletta, Phoenix, Arizona, Acoustical Consultant, stated that the Environmental Protection Agency (EPA), and the Department of Housing and Urban Development (HUD) regulations have agreed that noises above 55 r-1 decibels produce interference and annoyance to normal residential activity. Complaints About Dorothy Adams, 220 Amherst Road, Costa Mesa, felt that the City Wilson Park should consider selling Wilson Park to a developer to build houses, and use that money. to build another park on the east side of Costa Mesa. She reported that Wilson Park is a meeting place for drug dealers, gang members, and drinking parties occur. She also noticed a garage sale being held there last weekend. Mayor Erickson suggested that Ms. Adams contact the Police Department when she has witnessed narcotics violations in the park. Building Permit Steve Willems, 3496 Wimbledon Way, Costa Mesa, spoke about his Fees attempt to obtain a building permit on June 18, 1996. He mentioned that the Building Department informed him that he owes an additional amount for permit fees, after he had already paid $250.00 for plan check. Mayor Erickson suggested that the Planning Manager provide .a report to Council within 10 working days regarding this issue and provide a copy to Mr. Willems. Responding to a question from Council Member Genis, Mr. Willems stated that the plan check fee .was $250.74, and the building permit fee was $388.56. Construction of Don Sweeting, 383 "A" Monte Vista Avenue, Costa Mesa, reported Illegal Fence that one of the owners at. his condominium complex erected a six- foot fence blocking accessibility to the gas shutoff valve. He added that he notified the Building Division and the Gas Company; however, lie still has not received a copy of the letter from the Building Division to the owner ordering him to put the property back to its original condition. Mayor Erickson suggested that the Planning .Manager provide a report regarding this issue to Council within 10 working days, with a copy to Mr. Sweeting. Complaint Against Anthony "Tony" Starnes, homeless resident, stated that he the City was arrested by the Costa Mesa Police because he was soliciting at South Coast Plaza. He complained about the fee of $65.00 for fingerprinting, a requirement for obtaining a solicitor's permit. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 4, Annual contracts for the Building and Fire Prevention Divisions; and Item No. 6, One-year extensions of the lease agreements at Rea and Downtown community centers. MOTION/Approved On motion by Council Member Hornbuckle, seconded by Mayor Pro Except Item Nos. 4, Tem Buffa, and carried 5-0, the remaining Consent Calendar items and 6 were approved as recommended. WARRANTS Warrant Resolution 1627, funding+, City operating expenses in the Approved Warrant amount of $1,106,070.15; and Payroll 9612 for $1,330,531.59, were 1627; Payroll 9612 approved. ADMINISTRATIVE Amendment No. 1 for $101,131.20, extending an existing agreement ACTIONS/Approved with PRC Public Sector, Inc., 135 Main Street, Suite 1900, San Amendment No. 1 to Francisco, for one year (July 1, 1996 through June 30, 1997) to PRC Contract provide computer software and hardware maintenance and recover - all equipment coverage for the Costa Mesa public safety computer system, was approved, and the Mayor was authorized to sign on behalf of the City. 241 242 Adopted Resolution 96-62 Authorizing the Purchasing Officer to Acquire Federal "Surplus Property Approved Change Order No. 2 to CRSS Contract for I-405/ Bristol Interchange, Project 95-04 Annual Contracts for Building and Fire Prevention Divisions MOTION/Approved Agreements with KA Architecture; CSG; Scott Fazekas; and Vandorpe Chou Resolution 96-62, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE PURCHASING OFFICER, OR HIS/HER DESIGNATED REPRESENTATIVE, TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY, was adopted. Change Order No. 2 for $32,997.00, to the contract with CRSS Constructors, Inc., 20381 Lake Forest Drive, Suite B16, Lake Forest, for additional construction engineering and inspection services for the I-405 Freeway at Bristol Street Interchange Improvements, Project No. 95-04, Federal No. STPLN-5312(014), was approved. Item 4 on the Consent Calendar was presented: Annual contracts for the Building and Fire Prevention Divisions: An agreement with KA Architecture, 1868 Paros Circle, Costa Mesa, to provide access compliance and review, and housing and code enforcement services; An agreement with CSG - Community Service Consulting: Group, 400 Oyster Point Boulevard, Suite 202, South San Francisco, to review plans for compliance with all policy and model codes adopted by the City; An agreement with Scott Fazekas & Associates, 5 Corporate Park, Suite S-160, Irvine, to provide plan review, inspection, administrative, and fire prevention services; and An agreement with Vandorpe Chou Associates, Inc., 295 North Rampart Street, Suite A, Orange, to review building plans, fire sprinkler and fire alarm applications, provide permit technician assistance, and provide temporary personnel for plan check, inspection, and counter work when requested by the City. Heather Somers, 427 East 17th Street, Costa Mesa, asked why City staff could not do these jobs and what the anticipated cost is for subcontracting to outside businesses. The City Manager reported that the Fire Prevention Bureau has done an extensive evaluation as to the "Hazardous Materials Disclosure Program" which was previously provided by the County of Orange; however, the City has chosen to take that service back from the County and go through an outside contractor. The City Manager mentioned that staff will provide Mrs. Somers with all the information that she has requested. The Building Official stated that new contracts are needed now in order to proceed with these services. Council Member Hornbuckle stated that outside services are needed due to dramatic inhouse cutbacks. A motion was made by Council Member Hornbuckle, seconded by Council Member Genis, and carried 5-0, to approve the annual contract services for the Building and Fire Prevention Divisions, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. The City Manager advised Council that there are termination provisions .in the agreements, in case there is a desire to discuss this issue at a later elate. Tenant Leases at Item 6 on the Consent Calendar was presented:One-year extensions Rea and Downtown of the lease agreements at Rea Community Center (Boys and Girls Community Centers Club, Harbor Adult Day Care, Head Start, Vantage Foundation, Center for Creative Alternatives, High Hopes, Someone Cares Soup Kitchen, and Women Helping Women); and the current tenant at the Downtown Community Center (Child's Pace, Inc.). Orrin ., -:243 Vanderwarker, 1244 Londonderry Street, Costa Mesa, representing Rea Community Center Coalition, and an instructor with High Hopes, commented that Rea Center services approximately 100,000 people per year through the various organizations. He noted that High Hopes has been located at Rea since 1982 and provides a service for 250 people per year, 60 percent of which are residents of Costa Mesa, who require treatment for head injuries. Mayor Erickson urged Mr. Vanderwarker to contact Newport -Mesa Unified School District to express his concerns regarding Rea Center. The Mayor also encouraged Mr. Vanderwarker to attend the meetings between the City and Newport -Mesa Unified School District which are held every Wednesday at 4:30 p. in., in the 5th Floor Conference MOTION/Approved Room of City Hall. On motion by Mayor Pro Tem Buffa, seconded Rea and Downtown by Council Member Genis, and carried 5-0, the one-year extensions Community Centers of the lease agreements at Rea Community Center and at the Lease Extensions Downtown Community Center were approved. RECESS The Mayor declared a recess at 7:35 p.m., and reconvened the meeting at 7:45 p.m. ADJOURNED TO At 7:45 p.m., Mayor Erickson adjourned the regular City Council SPECIAL JOINT meeting to a special joint City Council/Fair Board meeting. The CITY COUNCIL/ Mayor introduced Becky Bailey -Findley, General Manager, Orange FAIR BOARD County Fairgrounds, and Fair Board Members John Crean, MEETING President; Jim Lindberg, Vice President; Buck . Johns, Board Member, Gary Hayakawa, Board Member; and Emily Sanford, Board Member. The .City Attorney reviewed the Agenda Report dated June 24, 1996, and stated for the record that the 1991 Master Plan for the Fairgrounds is the revised April, 1991 edition, which should be incorporated by reference into the agreement, as well as the traffic study by LSA dated May 2, 1996. Rick Pickering, Deputy General Manager, Orange County Fairgrounds, showed transparencies depicting an overview of the Master Plan, and the site plan. He reported that the Fairgrounds Master Plan process began in 1987, a preliminary Master Plan draft was adopted in 1988, a draft Master Plan was adopted in 1989, and in April, 1991, the actual Environmental Impact Report (EIR) and final Master Plan were adopted. He outlined the previously proposed commercial developments that had been deleted from the adopted Master Plan:. a four-story hotel complex at the corner of Fair Drive and Newport Boulevard; a satellite wagering facility with an upscale restaurant at the corner of Fair Drive and Fairview Road; and a fast food restaurant at the corner of Arlington Drive and Fairview Road. He stated that three new structures were added to the adopted Master Plan; 14 old structures will be'demolished; and relocating the speedway arena from the .Arlington Drive side to an area more interior to the Fairgrounds property is being proposed. He pointed out that the Orange County Fairgrounds purchased the Pacific Amphitheater for $12.5 million dollars in order to become a better neighbor to the local community. He commented on the 1995-1996 Traffic/Parking/Pedestrian study that was prepared by LSA Associates, which indicates a dramatic reduction in general area traffic around the Fairgrounds due to the 55 Freeway extension. Mr. Pickering explained the key points of the negotiated settlement agreement: an "Envelope" concept, where no more than 25,500 persons would be on the Fairgrounds at any given time; however, the concept would not apply to the 17 days of the Fair; the Fairgrounds intends to embark on a new Master Plan in the near future, and this would be the interim agreement; the Fairgrounds currently has no funding available to build the structures identified* as new structures -in the 1991 Master Plan due to the purchase of the ELM Pacific Amphitheater; and the identified in LSA's 1996 traffic identified in 1991 Master Plan. mitigation measures that were study would supersede those Mr. Pickering identified the two interim events that take place on the Fairgrounds, the "Annual Scottish Games" and the "Orange County Cruisin Association", and noted that the Marketplace has about !15,000 to 20,000 people in attendance on a Saturday or Sunday. Tony Petros, LSA Associates, 1 Park Plaza, Suite 500, Irvine, 'Consultant for the Orange County Fairgrounds, believed that under :no circumstances would the 25,500 capacity be reached with the existing schedule of interim events. He stated that based on his statistics, ail estimate of 15,000 people attend the "Annual Scottish ;Games over a two-day period. Mr. Petros reported that the total .parking available, but not necessarily occupied, . is over 17,500 ,spaces. ,Mr. Pickering reported that the Scottish Society has had a parking arrangement with Orange Coast College; however, he did not have 'statistics on the number of cars that park there. He mentioned that the statistics regarding attendance are provided by the event promoter. Council Member Genis requested the actual numbers of people that would be in attendance including those who park at Davis Field and Orange Coast College. Mr. Petros noted that the "Envelope" is established based on the over-all parking supply at the Fairgrounds and the application of auto vehicle ridership' (AVR). Mr. Pickering stated that the Board of Directors is not interested in pursuing any gambling operations. The City Attorney indicated that it was his understanding in drafting the agreement that 'a satellite wagering facility was not included in the 1991 Master Plan. - The City Attorney reported that when the agreement was negotiated, the only way the 25,500 envelope could work would be if the Pacific Amphitheater seating was limited to 8,500 and the events were sequenced. Richard Spix, 16 Newport Center Drive, Newport Beach, Attorney representing the homeowners that surround the Pacific Amphitheater, referred to the City Attorney's Report No. 96-53A, dated June 24, 1996, Page 2, Exhibit "A", (iv), regarding advertising. He felt that specific language needed to be included on the tickets pertaining to parking. John Feeney, 1154 Dorset Lane, Costa Mesa, commended the Fair Board and management for their diligent efforts in working with the residents: He mentioned that he would like more specific information on future plans from the Board -of Directors and management. Ed Fawcett, Costa Mesa Chamber of Commerce, 1835. Newport Boulevard, Suite E-270, Costa Mesa, encouraged Council to approve the proposal. He noted that thousands of dollars in sales tax" revenue are returned to the City's operating budget each year from the various activities held at the Fairgrounds. He felt that the City should be working with the Fair Board to enhanpe their ability to succeed and better serve the community. J Ernie Feeney, 1154 Dorset Lane, Costa Mesa, commended the Fair Board and management on a job well done. She asked if vendors at the. Marketplace need a business license. Mr. Pickering responded that a vendor is registered in the Marketplace computer and the State of California computer in Sacramento; and after the third time a vendor sells at tlie;;swap meet, the information is forwarded to the �r City. ' He indicated that most vendors at the Marketplace do have a Costa Mesa business license. Gene Bounds, 88 Fair Drive, Costa Mesa, Vendor at the Orange County Fairgrounds, and representing the Independent Marketplace Vendors Association, supported the proposed settlement agreement. He stated that parking problems only occur when there is a large event scheduled at the Fairgrounds while the Marketplace is open. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, commended the Fair Board and management for working with the residents on their various concerns. He expressed concern that people would park in the Mesa Del Mar tract. FAIR BOARD A motion was made by Board Member Lindberg, seconded by Board MOTION/Approved Member Johns, and carried 5-0, to approve in concept the settlement Settlement Agree- agreement as outlined in the staff report with the following changes: ment in Concept 1. Paragraph 2, language as depicted on Pages B-11 and B-12 of the City's staff report. 2. Delete the following sentence in Paragraph 2(ii), Page B-11: "No formal Conditional Use Permit shall be required of the DISTRICT by the CITY where such adjacent parking leases are only between governmental agencies". 3. Add a new recital to read: "It is contemplated by the parties that the DISTRICT at some point in time will amend or adopt a new Master Plan in compliance with CEQA (California Environmental Quality Act). The parties agree that the terms set forth in this agreement will be in effect until that time. The parties further agree that this agreement does not establish legal precedence for the CITY to regulate land use of the DISTRICT". COUNCILMOTION/ A motion was made by Council Member Hornbuckle, seconded by Approved Settlement Mayor Pro Tem Buffa, and carried 5-0, to approve the identical Agreement in Concept action taken by the Fair Board." The City Attorney advised that final approval of the conceptual agreement would be scheduled for the meeting of July 15, 1996. Council Member Genis felt that staff from both agencies should work ,together on the 25,500 -person, envelope. The City Manager asked if Council Member Genis's intent was for staff to come back to Council with some kind of language that limits the envelope to Saturday and- Sunday or just certain days. Council Member Genis replied that her intent was to establish a limit. ADJOURNED At 8:45 p.m., Mayor Erickson adjourned the Special Joint City SPECIAL JOINT Council/Fair Board meeting. MEETING Tile Mayor declared a recess at 8:45 p.m., and reconvened the RECESS meeting at 8:55 p.m. 245 COUNCIL MEET- ING RECONVENED At 8:55 p.m., Mayor Erickson reconvened the regular City Council meeting. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Acquisition of set for the public hearing to review the proposed acquisition of Property at 3160 property at 3160 Airway Avenue by the County of Orange/John Airway Avenue Wayne Airport, and plans for possible airport -related use of the site. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Planning Manager summarized the Agenda Report dated June 18, 1996, and showed an overhead transparency of the site. Mayor Erickson asked ,about the proposed uses for the site and how the City could ensure that development would not impact the neighboring businesses. Chris Caliendo, 3151 Airway Avenue, Suite K-101, Costa Mesa, Manager of Facilities and Environmental Planning at John Wayne Airport, responded that before the land is developed, the City could review the final plans before issuing the necessary permits. Mr. Caliendo stated.that the Federal Aviation Administration (FAA) has indicated its intention to replace .the upper cab portion of the control tower or to replace the outdated control tower. He mentioned that there is interest in demolishing the existing Crash & Fire Rescue Station and erecting a much, larger station, or placing a maintenance building on the site. He assured Council that the maintenance building would not be used as a tank farm. Mr. Caliendo stated that an immediate decision by the City is necessary because the property is available for acquisition now and funds are available from the FAA. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by.Mayor Pro Tem Buffa, seconded by Council Plans Approved Member Genis, and carried 5-0, approving the plans as submitted, with the stipulation that the final plans come back before Council ,specifying a new fire and rescue station, expanded tower operations, or a maintenance facility. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Appeal from Garrett set for the public hearing to consider an application from John and of PA -96-28 and Carolyn Garrett, 2421; Windward Lane, Newport Beach, appealing T-15293, Harbinger the Planning Commission's approval of Planning Action PA -96-28, Homes Kerry Smith, Harbinger Homes, 130 Greenmoor, Irvine, authorized agent for G & H Holdings, Post Office Box 579, Dana Point, for variances from rear yard setback requirements (20 feet required, 5 feet proposed), backout aisle requirements (25 feet required, 22 feet proposed), and minimum driveway length requirements (19 feet feet in with the demolition of '7 required, 18 proposed), conjunction :units and construction'of 12 single-family detached units on a parcel proposed to be annexed to the City; and Tentative Parcel Map T- 15293 for a 12 -lot subdivision and 1 common lot, for condominium located at 2165 Tustin Avenue. Environmental ,purposes, :Determination: Negative Declaration. The Affidavits of Publishing ;and Mailing are on life in the City Clerk's office. Communications ;were received from Jim Little, 2449 Windward Lane, Newport 'Beach, requesting that a condition be imposed to screen his property with two trees strategically placed; and Charles J. Rollins, 385 East 22nd Street, Costa Mesa, opposing the project.., The Planning Manager reviewed the Agenda Report dated June 10, 1996, and showed an overhead transparency of the site plan. 247 John Garrett, 2421 Windward Lane, Newport Beach, requested that this item be continued due to the inaccuracies in the traffic study. Mr. Garrett believed that the traffic would double if the project were approved. Jim Little, 2449 ;Windward Lane, Newport Beach, stated that his one-story home is located: on the corner of Tustin Avenue and Windward Lane, and the proposed two-story homes would invade his privacy. He indicated that the developer is unwilling to install trees that would screen his home. Lisa Binaza, 379 Thetford Way, Costa Mesa, believed that the traffic impact figures that were determined for the proposed project as referenced on page 28 of the Agenda Report were not applicable to the neighborhood. She requested a continuance of the hearing until traffic flow can be further evaluated. Margaret Anderson, 2159 Tustin Avenue, Costa Mesa, opposed the construction of two-story homes in an area with one-story homes. Dottie Wilson, 2175 Tustin Avenue, Costa Mesa, was concerned about additional traffic being generated by the project. Kerry Smith, 130 Greenmoor, Irvine, authorized agent for G & H Holdings, felt that 12 single-family units with yards would be more appropriate for the neighborhood than 16 units. He did not believe the variances would have a significant impact on the surrounding neighbors. Heather Somers, 427 East 17th Street, Costa Mesa, President of the East Side Homeowners Association, suggested that the developer consider installing skylights in lieu of windows which would allow for light but limit visibility into adjacent properties. She mentioned that traffic is an issue when large properties are developed with multiple units. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Monahan, seconded by Council Adopted Resolution Member Genis, and carried 5-0, the Negative Declaration of 96-63 Approving Environmental Impact and the following resolutions were adopted: PA -96-28; and Resolution Resolution 96-63, A RESOLUTION OF THE CITY COUNCIL 96-64 Approving OF THE, CITY OF COSTA MESA, CALIFORNIA, T-15293 APPROVING PLANNING ACTION PA -96-28. Resolution 96-64, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP T-15293. Council Member Monahan announced that he would be abstaining from participation in the next public hearing. PUBLIC HEARING Tile Deputy City Clerk announced that this was the time and place R-96=01 and set for the public hearing to consider Rezone Petition R-96-01 and PA -96-38, VNE Planning,Action PA -96-38, Keith Palmer, 2601 Airport Drive, Suite Development 310, Torrance, authorized agent for VNE Development, Inc., 1048 Irvine Avenue, Suite 363, Newport Beach, for variances from perimeter landscape setback requirements (25 feet required, 20 feet and 10 feet proposed), minimum lot width requirements (40 feet required, 38.66 feet proposed), parking requirements (guest parking required and no tandem parking allowed, no guest parking proposed and tandem parking: proposed); in conjunction with rezone of the property from R2 -MD to PDR -MD, and a development plan for construction of four detached residences on individual lots located at 2251 and 2259 Orange Avenue. Environmental Determination: Exempt.. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Planning Manager reviewed the Agenda Report dated June 20, 1996. Mayor Erickson asked about the provision for parking, and what was envisioned for guest parking. Mike. Talbot, 1048 Irvine Avenue, No. 363, . Newport Beach, authoized agent for VNE Development, Inc., responded that the proposal . was for the homeowners to use the driveways, and guests to use on -street parking. Ken Martinez, 185. Cecil Place, Costa Mesa, stated that not all homeowners received notification of the public hearing. He showed photographs of -the property being used as a dump site and asserted that 'Mr. Talbot is not following Code Enforcement guidelines. There being no other speakers, the Mayor closed the public hearing: Council Member Genis asked if a new plan would have to come, back to Council if the PDR -MD zoning were approved and the Planning Action denied. The Planning Manager responded that Council would have to review the new plan. Council Member Genis suggested that the Planning Commission' be a bit more discerning in examining plans. The Planning Manager noted that two Planning Commissioners had the opportunity to attend the Planning Commission Institute this year. He also mentioned that the Planning Commission has a relatively good record in terms of reviewing site plans. . MOTION On motion by Council Member Monahan, seconded by Mayor Pro Ordinance 96-9 Tem Buffa, and carried 4-1, Council Member Genis voting no, Given First Reading Ordinance 96-9, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 2-189 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO LIABILITY CLAIMS AGAINST THE CITY OF COSTA MESA, was given first reading and passed to second reading. Council Member Hornbuckle felt that the site plan was unappealing and did not fit the character of the neighborhood. MOTION/Ordinance On motion by Council Member Genis, seconded by Council Member 96-8 Given First Hornbuckle, and carried 4-0, Council Member Monahan abstaining, Reading; Resolution Ordinance 96-8, AN ORDINANCE OF THE CI'T'Y .COUNCIL OF 96-65 Adopted ; THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REZONE PETITION R-96-01 CHANGING THE ZONING OF 2251 AND 2259 ORANGE AVENUE FROM R2 -MD TO PDR - MD; was given first reading and passed to second reading; and Resolution 96-65, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,, CALIFORNIA, DENYING PLANNING ACTION PA -96-38, was adopted. NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No. 96-63 Liability Claims and an' ordinance amending Section'2-189 2-189 of the Costa Mesa Municipal Code pertaining to liability claims. The City Attorney summarized his report dated June 24, 1996. MOTION On motion by Council Member Monahan, seconded by Mayor Pro Ordinance 96-9 Tem Buffa, and carried 4-1, Council Member Genis voting no, Given First Reading Ordinance 96-9, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 2-189 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO LIABILITY CLAIMS AGAINST THE CITY OF COSTA MESA, was given first reading and passed to second reading. Council Member Genis did not, support the motion because she believed the authorized amounts for settlement of claims by the Insurance Committee and the Risk Manager were too generous. Council Member ' Hornbuckle asked if the minutes from the Insurance Committee could be circulated to Council. The City Manager responded that copies would be sent to them. Iv.- NEW BUSINESS The Deputy City Clerk presented a request from UNOCAL for a Request from premise -to -premise transfer of a Type 20 off -sale beer and wine UNOCAL to Transfer . Alcoholic Beverage Control (ABC) license for the UNOCAL gas ABC License station at 1900 Newport Boulevard. The Planning Manager summarized the Agenda Report dated June 19, 1996. Council Member Hornbuckle expressed concern 'about possibly losing the Smart and Final store on 19th Street. She requested staff to investigate the status of this business. Ken Martinez, 185 Cecil Place, Costa Mesa, encouraged Council to approve this request and the next two requests for Alcoholic Beverage Control license transfers because these businesses support nonprofit organizations in the City. The Planning Manager stated that if Council -does not protest, it would be appropriate to "receive and file" the request. MOTION/Received A motion was made by Mayor Pro Buffa, seconded by Council and Filed Member GP-nis, and carried 5-0, to receive and file the application. NEW BUSINESS The. Deputy City Clerk presented a request from Bangkok Thai for Request from a person-to-person transfer of. a Type 41 on -sale beer and wine Bangkok Thai to Alcoholic Beverage Control. (ABC) license for a bona fide public Transfer ABC License eating place at 1969 Harbor Boulevard. The Planning Manager summarized the Agenda Report dated June 19, 1996. MOTION/Received A motion was made by Mayor Pro Buffa, seconded by Council and Filed Member Monahan, and carried 5-0, to receive and file the -application. NEW BUSINESS The Deputy City Clerk presented a request from Marie Callender's Request from Marie for a premise -to -premise transfer of a Type 47 on -sale general Callender's to Alcoholic Beverage Control (ABC) license for a bona fide public Transfer ABC License eating place at 393 East 17th Street, and a new Type 58 ABC license (Caterer's Permit). The Planning Manager summarized the Agenda Report dated June 19 1996. Mayor Erickson stated for the record that his home is within a half mile of this basiness; however, the City Attorney had determined that it would not be a conflict of interest for him to participate in the vote. MOTION/Received A motion was made by Councilf,Member Monahan, seconded by and Filed Council Member Hornbuckle, and carried 5-0, to receive and file the application.' CITY MANAGER'S The City Manager,presented a request from Council Member Genis REPORT/Assembly to take a legislative position on Assembly Bill 2109, "The. Orange Bill 2109 County Special District Efficiency Act (Pringle). The Assistant to the City Manager summarized the Agenda Report dated July 1, 1996. Council Member Genis stated that she had this item placed on the Agenda on behalf of Mesa Consolidated Water District Board Members. She explained that the current Bill does not allow voters 25® a full range of choices, such as, consolidating with the Irvine Ranch Water District or the City, or having Mesa Consolidated Water District remain in its present state. Mayor Erickson acknowledged Hank Panian and Mark Korando of the Mesa Consolidated Water. District Board who were in attendance. He also congratulated Mark Korando on his recent appointment to the Water Board. Mark Korando, 582 Park Drive, Costa Mesa, Mesa Consolidated Water District Board Member, explained that the Assembly Bill preempts local control; denies voters a choice of other options; and noted that no fact-finding information or data analysis was prepared prior to the Bill being drafted. Mr. Korando felt that the Orange County, Local Agency Formation Commission (LAFCO) should be dealing with these types of consolidations. Responding to a question from Mayor Erickson, Mr. Korando reported that the Water Board has expressed interest in consolidating with the Costa Mesa Sanitary District. Hank Panian, 436 Swarthmore Lane, Costa Mesa, Mesa Consolidated Water District Board Member, was disappointed that the State Assembly Speaker would impose this Bill upon the voters. He felt that it might be in the best interests of the rate payers to privatize Mesa Consolidated Water District; however, that option would not be available under Assembly Bill 2109 as written. Heather Somers, 427 East 17th Street, Costa Mesa, urged Council not to adopt the resolution. She asked that Council consider consolidating the Water District into the City in order to reduce duplication of services, multiple management positions, and the overall budget of Mesa Consolidated' Water District in order to retain local oversight and management. She commented that Council could consider privatization as an option after the Water District has been absorbed by the City. Agnes Dubberly, 110 The Masters Circle, Costa Mesa, thought that this item should have been a public hearing to give residents the opportunity to voice their opinions. Mayor Erickson explained that under normal circumstances he would agree; however, the Senate Local Government Committee is scheduled to vote on July 3, 1996, and the City found out about this only last Friday afternoon. The Assistant to the City Manager stated that the Senate Appropriations Committee will consider this item after the vote on July 3, 1996. Heather Somers, 427 East 17th Street, Costa Mesa, asserted that this item was not noticed to the public in accordance with the Brown Act. The City Attorney advised Mrs. Somers that the City Clerk's office had posted this item before 5:30 p.m., on Friday, June 28, 1996, which complies with the Brown Act. Council Member Genis stated that when she asked for this item to be placed on the Agenda, she intended to oppose AB 2109 unless it were amended to allow voters to address a full range of alternatives. Council Member Hornbuckle felt that AB 2109 wa$ a terrible piece of public policy. She -disagreed with the State Assembly Speaker in targeting Orange County specifically; and certain water and sanitation districts. The City Manager reported that ff consolidation were to occur, the City would have the option of privatizing the water services. The Assistant to the City Manager stated that Page 7, Section C (i)(ii) of the Agenda'Report includes the amendments to the language that would go to.the voters. The City Manager suggested that a representative from Mesa Consolidated Water District elaborate on this particular Section .of -the Bill. Council Member Genis clarified that this Bill would actually eliminate the opportunity to privatize. Diana Leach, Assistant General Manager, Mesa Consolidated Water District, 1965 Placentia Avenue, Costa Mesa, interpreted the language on Page 7, Section C (i)(ii), stating that word "or" applies to only two choices, the voter cannot vote for both options, or against both options, one or the other must be selected. MOTION A motion was made by Council Member Hornbuckle, seconded by Adopted Resolution . Council Member Genis, to adopt Resolution 96-66, A 96-66 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING ASSEMBLY BILL 2109 RELATING TO THE CONSOLIDATION OF SPECIAL DISTRICTS IN ORANGE COUNTY. AMENDED At the request of Council Member Genis, Council Member MOTION Hornbuckle amended -the motion by adding to the end of Paragraph Additional Language 7 of the resolution "including preservation of the existing District or Included privatization"; and adding another paragraph to the resolution to read: "Whereas, no analysis of actual cost savings or efficiencies have been publicly documented". The amended motion was seconded by Council Member Genis. Council Member Monahan opposed the motion because he felt the Bill may be the method by which consolidation. of smaller districts could occur. He also thought that if the Bill does not pass, it would be business as usual. Mayor Pro Tem Buffa stated that lie would be supporting the motion because lie felt that the voters of the affected districts should have every available option. Mr. Korando made a point of clarification by stating that the City has the ability to petition LAFCO to take over the Water District now. Substitute A substitute motion was made by Mayor Pro Tem Buffa, seconded Motion Died by Council Member Genis, to either support the bill providing that the voters will be allowed to vote on a full range of options, specifically, privatization, retaining the existing Mesa Consolidated Water District, or the City's taking over the Water District; or conversely, opposing the bill unlewlthese options are available to the voters. After further discussion; Council Member Genis withdrew her second, and the substitute .motion died. SECOND AMEND- Council Member Hornbuckle modified her original amended motion, MENT TO by changing the last paragraph of the resolution to read: "Now, ORIGINAL therefore, be it resolved that the City Council of the City of Costa MOTION/Modified Mesa hereby opposes Assembly Bill 2109 unless amended to allow Last Paragraph for the fu'11 range., of options by the voters of Costa Mesa". The motion carried 4-1, Council Member Monahan vgting no. 251, 252 COUNCIL Council Member Genis suggested that the Planning Commissioners COMMENTS/Site review site plans more carefully. She also mentioned that the use of Plans; Fireworks fireworks in the City are only allowed at specific times. Fourth of July Council Member Hornbuckle wished everyone a safe fourth of July Holiday holiday. Mayor Pro Tem Buffa announced that profits from the sale of safe and sane fireworks supports the nonprofit organizations in the City. Historical Society Mayor Erickson acknowledged the Historical Society for payment of its final installment on a $15,000.00 loan from the City. He also encouraged residents to volunteer their services to the Historical Society. ADJOURNMENT The Mayor declared the meeting adjourned at 10:50 p.m. i 4"(- M4 of the City of Costa Mesa ; ATTEST: a,ll 17 q-'L� " Deputy Ci lerk of the City of Costa Mesa I�