Loading...
HomeMy WebLinkAbout07/15/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 15, 1991 The City Council of the City of Costa Mesa, California, met in regular session July 15, 1991, 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 Mayor Hornbuckle. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council Member Jay Humphrey Council Members Absent: Officials Present: None City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris City Clerk Eileen Phinney Finance Director Susan Temple MINUTES On motion by Council Member Buffa, seconded by Council July 1, 1991 Member Humphrey, and carried 4-0, the minutes of the regular meeting of July 1, 1991, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Humphrey, and carried 4-0, to read all ordinances by title only. ORAL Lance Jencks, 443 Flower"Street, Costa Mesa, expressed COMMUNICATIONS appreciation to the Council and -the Planning Commission Accessory Apartments for implementing Ordinance 919 which=limits accessory apartments in single-family residential neighborhoods. 4th of July Art Reese, 2069 Swan Drive, Costa Mesa, President, Costa Fireworks at OCC Mesa Rotary Club, thanked the Council, the Daily Pilot, and Orange Coast College Foundation for support of the 4th of July fireworks display at OCC. Psychiatric Health Tim May, 677 Plumer Street, Costa Mesa, asked if Plan - Care Facility ning Action PA -91-55 for a psychiatric health care PA -91-55 facility at 693 Plumer Street was on the agenda. The Deputy City Manager/Development Services responded that the application had been withdrawn by the applicant. Resolutions for John Moorlach, 3169 Madeira Avenue, Costa Mesa, repre- Orange County Fair senting the Costa Mesa Republican Assembly, presented Board, Fair Board three resolutions: (1) encouraging the City of Costa Representation, and Mesa in efforts to protect the City against actions of Orville Amburgey the Orange County Fair Board; (2) urging representation by townspeople on Fair Boards of Directors; and (3) supporting the reimbursement of legal fees to Orville Amburgey by the City of Costa Mesa. Vacant Council Sid Soffer, 900 Arbor Street, Costa Mesa, stated that Seat after 16 years on the Planning Commission, Walter Davenport should have received a second when nominated for the vacant Council seat. He also noted that Karen McGlinn was almost elected by the "voice of the public" in the November, 1990, election. 1 Janice Davidson, 1982 Arnold Street, Costa Mesa, spoke in favor of an election to fill the Council vacancy. Banning Channel Barbara Witbeck, 2807 Europa Drive, Costa Mesa, spoke Maintenance Road regarding the inconvenience created by the Banning Channel maintenance road construction. The City Manager reported that a meeting will be scheduled with the resi- dents, staff, and County Corps of Engineers officials to discuss this situation; and he suggested appointing a member of the Council as a representative to the Santa Ana Flood Protection Agency. The Mayor requested the City Manager agendize the appointment of a represen- tative to the Agency. Frank Renn, 2865 Europa Drive, Costa Mesa, relayed his concern regarding channel flooding during heavy rains, and the'Mayor suggested he contact the Director of Public Services for information on this subject. Nancy Palme, 1997 Kornat Drive, Costa Mesa, commended Frank Cole for his research on the Banning Channel pro- ject. Karen McGlinn David Tonkin, 3134 Limerick Lane, Costa Mesa, spoke on two subjects: (1) Karen McGlinn having received the 4th of July support of the people in the last election; and (2) the Fireworks continued sale and use of fireworks on the 4th of July. Carl Bureman Carl Bureman, 447 Princeton Drive, Costa Mesa, spoke on: Comments (1) signal coordination on Harbor Boulevard; (2) an offensive motorcycle on Princeton Drive at 5:30 a.m. daily; and (3) the dog that was shot in Costa Mesa. 18th Street and Jan Luymes, 592 Park Drive, Costa Mesa, commented on the Newport Boulevard intersection of 18th Street and Newport Boulevard, suggesting that Police Department enforcement should be increased in the evenings during the summer months. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Items 7, 8, and 9, Claims from Consuelo Acevez, Greg Etter, and Patricia L. Brush, respectively; Item 10, Bristol Street Rehabilitation and Improvements; and Item 15, Sole source purchase of fire apparatus. On motion by Council Member Buffa, seconded by Council Member Humphrey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Connelly Bolkeim; Wendy Kalmen; Hermios Kibin Jr.; Walter Clanry; Judy Gevorkian; James E. Palmiter; City of Newport Beach; Paul James Spencer; Margarito Millan Vega; and Gerald Wright. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Hung Licenses M. Do and Sang T. Huynh, doing business as Alta Dena Drive In Dairy, 1085 Baker Street; and Samir M. Hsen, doing business as ZZ Chicken Mart, 2263 Fairview Road, Suite "L". Public Notice that Southern California Gas Company has filed Utilities Application No. 91-06-032 with the California Public Commission Utilities Commission, for authority to raise its rates to cover the cost of the Natural Gas Vehicle (NGV) Market Development Program. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Teen Challenge Purpose was received from from Teen Challenge of Southern California, 5445 Chicago Avenue, Riverside, by MOTION soliciting funds from August 15, 1991, through August Permit Approved 15, 1992. On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 4-0, the permit was approved with application of Municipal Code Section 9-234(j). B'nai B'rith Women Notice of Intention to Appeal or Solicit for Charitable Purpose was received from B'nai B'rith Warren, Incorpo- MOTION rated, 8566 Trinity Circle, Suite 815D, Huntington Permit Approved Beach, by soliciting funds from July 11 through November 1, 1991. On motion by Council Member Buffa, seconded by Council Member Humphrey, the permit was approved with application of Municipal Code Section 9-229. SET FOR PUBLIC On motion by Council Member Buffa, seconded by Council HEARING Member Humphrey, and carried 4-0, the following item was set for public hearing on August 5, 1991, at 6:30 Dr. Tow and p.m., in the Council Chambers of City Hall: Automotive Services Request from Robert J. Egger III, doing business as Dr. MOTION Tow and Automotive Services, 114 East 16th Street, Hearing Set for Costa Mesa, for a Certificate of Public Convenience August 5, 1991 and Necessity. Uniform Building On motion by Council Member Buffa, seconded by Council Code/National Member Humphrey, and carried 4-0, the following item Electrical Code was set for public hearing on August 19, 1991, at 6:30 p.m., in the Council Chambers of City Hall: MOTION Hearing Set for Ordinance adopting the 1988 Uniform Building Code with August 19, 1991 amendments; 1990 National Electrical Code; and adding Chapter I and II to Title 5 of the Municipal Code pertaining to building, grading, and excavation regula- tions; and repealing previous Chapters I to IV of Title 5 of the Costa Mesa Municipal Code. WARRANTS On motion by Council Member Buffa, seconded by Council Member Humphrey, Warrant Resolution 1498 was approved MOTION by the following roll call vote: Warrant 1498 AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Approved Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ADMINISTRATIVE On motion by Council Member Buffa, seconded by Council ACTIONS Member Humphrey, Resolution 91-58, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Employee Rates ESTABLISHING THE BASIC PAY SCHEDULE AND ESTABLISHING THE of Pay RATES OF PAY FOR CLASSIFICATIONS AND EMPLOYEES PLACED UNDER THE BASIC PAY.SCHEDULE, was adopted by the follow - MOTION ing roll call votes Resolution 91-58 AYES: ODUNCIL MEMBERS: Hornbuckle, Genis, Adopted Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Chief of Police recommended approval of an agreement PRC Public Manage- with PRC Public Management Services, Incorporated, 185 ment Services Berry Street, Suite 3808, San Francisco, to provide - Notice of Completion The Police Department Remodel was completed to -the Kaser Construction satisfaction of the Public Services Director by Kaser Construction Company, 6082 Palisade Drive, Huntington Police Department Beach, on July 1, 1991. On motion by Council Member Remodel Buffa, seconded by Council Member Humphrey, the work was accepted; the Clerk was authorized to file a Notice of MOTION Completion; authorization was given to release retention Work Accepted funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months there- after. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None computer software support to the Costa Mesa Public Computer Software Safety Computer System for 5 years. On motion by Support Council Member Buffa, seconded by Council Member Humphrey, the agreement was approved, and the Mayor MOTION and Clerk were authorized to sign on behalf of the Agreement Approved City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Director of Finance recommended approval of an Southern Cali- agreement with Southern California Adjusters, Incorpo- fornia Adjusters rated, 2509 South Broadway, Santa Ana, to provide collection services for the City. On motion by Council Collection Services Member Buffa, seconded by Council Member Humphrey, the agreement was approved, and the Mayor and Clerk were MOTION authorized to sign on behalf of the City. The motion Agreement Approved carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Director of Finance recommended approval of an Corporate Credit agreement with Corporate Credit Services, Incorporated, Services 9042 Garfield Avenue, Suite 207, Huntington Beach, to provide collection services for the City. On motion Collection Services by Council Member Buffa, seconded by Council Member Humphrey, the agreement was approved, and the Mayor MOTION and Clerk were authorized to sign on behalf of the Agreement Approved City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract 14453, Harbinger Tract 14453 Homes, Incorporated, 375 Promontory Drive Vilest, Newport Harbinger Homes Beach; six lots and Lot "A", 0.86 -acre, located at 232 and 240 Sierks Street, for single-family homes. On MOTION motion by Council Member Buffa, seconded by Council Map Approved Member Humphrey, and carried 4-0, the map was approved pursuant to provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; the Council did accept on behalf of the City: (1) the easement for emergency and security vehicle ingress and egress over Lot "A" as shown.on the map; and (2) the 3.00 -foot public utility easements as shown on the map; and the Clerk was authorized to sign on behalf of the City. Notice of Completion The Police Department Remodel was completed to -the Kaser Construction satisfaction of the Public Services Director by Kaser Construction Company, 6082 Palisade Drive, Huntington Police Department Beach, on July 1, 1991. On motion by Council Member Remodel Buffa, seconded by Council Member Humphrey, the work was accepted; the Clerk was authorized to file a Notice of MOTION Completion; authorization was given to release retention Work Accepted funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months there- after. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Claims.fron The following Consent Calendar items were presented: Acevez, Etter, Items 7, 8, and 9, claims from Consuelo Acevez, Greg and Brush Etter, and Patricia L. Brush, respectively. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he felt details should be provided to the public regard- ing claims that are filed against the City. MOTION On motion by Council Member Buffa, seconded by Council Claims Rejected Member Humphrey, and carried 4-0, the following claims were rejected: Acevez Consuelo Acevez; Etter Greg Etter; and Brush Patricia L. Brush Bristol Street Item 10 on the Consent Calendar was presented: Bristol Rehabilitation Street and Baker Street Rehabilitation and Storm Drain and Improvements, Improvements, Project 91-05 (Bristol Street, from Baker Project 91-05 Street to Bear Street). Council Member Humphrey questioned where the $834,160.00 required to accomplish the subject improvements would be obtained. The Director of Public Services stated that $556,000.00 would be taken from the gas tax funds received from the State, and the remainer, approximately $278,000.00, would be taken from general funds. MOTION A motion was made by Council Member Humphrey, seconded Awarded to by Vice Mayor Genis, to award the contract to Clayton Clayton Engineering Engineering, Incorporated, 23011 Moulton Parkway, Suite J-11, Laguna Hills, for $834,160.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Fire Item 15 on the Consent Calendar was presented: Sole Apparatus from source purchase of fire apparatus from Haaker Fire Haaker Equipment, 3505 Pomona Boulevard, Pomona, for $300,209.66. Council Member Humphrey requested an explanation of the sole source purchase. Acting Fire Chief Frank Fantino referred to the Agenda Report dated July 15, 1991, noting that Haaker Equipment is the only authorized dealer in this area capable of supplying the City with an Emergency One Hush Pumper. MOTION On motion by Council Member Humphrey, seconded by Vice Purchase Approved Mayor Genis, the sole source purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None APPOINT/ELECT NEW The Clerk presented from the meeting of July 1, 1991, COUNCIL MEMBER decision regarding the vacant Council seat. Motion Failed to A motion was made by Council Member Humphrey, seconded Carry by Vice Mayor Genis, to appoint David Stiller to the Council. The motion failed to carry 2-2, Council Members Hornbuckle and Buffa voting no. Motion Failed to A motion was made by Vice Mayor Genis, seconded by Carry Council Member Humphrey, to appoint Mark Korando to the Council. The motion failed to carry 2-2, Council Mem- bers Hornbuckle and Buffa voting no. Motion Failed to A motion was made by Council Member Buffa, seconded by Carry Mayor Hornbuckle, to appoint Karen McGlinn to the Council. The motion failed to carry 2-2, Council Mem- bers Genis and Humphrey voting no. MOTION On motion by Council Member Buffa, seconded by Mayor Joe Erickson Hornbuckle, Joe Erickson was appointed to fill the . Appointed; vacant Council seat; and Resolution 91-59, A RESOLUTION Resolution 91-59 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOR- Adopted NIA, TO APPOINT A COUNCIL MEMBER TO FILL A VACANCY ON THE CITY COUNCIL OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared.a recess at 7:20 p.m., and the meet- ing reconvened at 7:40 p.m. The Mayor announced that the vacancy on the Planning Commission created by the appointment of Joe Erickson to the City Council will be agendized for discussion at the August 5, 1991, Council meeting. Oath of Office The Clerk administered the Oath of Office to Joe Administered Erickson, and he assumed his seat at the Council dais. Council Member Erickson expressed his appreciation for the appointment. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, offered congratulations to Joe Erickson on his appointment and to the City Council for appointing him. PUBLIC HEARING The Clerk announced the public hearing continued from Appeal of RA -90-06/ the meeting of May 20, 1991, for appeal of the Redevel- PA-90-128 opment Agency's denial of Redevelopment Action RA -90-06, Pope Family Trust Planning Action PA -90-128, from Armitage Realty, Incorporated, 2900 Bristol Street, Suite E-101, Costa Mesa, authorized agent for the Pope Family Trust, 635 San Elijo Street, San Diego, for variances from front setback requirements (20 feet required, 10 feet proposed), and from side setback requirements (15 feet required, 5 feet proposed), and Redevelopment Agency review, in conjunction with a proposed 10,200 -square -foot, one- story commercial building at 145 East 19th Street in a Cl zone. Environmental determination: Negative Declar- ation. MOTION On motion by Council Member Buffa, seconded by Vice Continued to Mayor Genis, and carried 5-0, the public hearing was August 19, 1991 continued to August 19, 1991. OLD BUSINESS The Clerk presented Ordinance 91-18 for second reading Development Review and adoption. On motion by Council Member Buffa, Process for Granny seconded by Vice Mayor Genis, Ordinance 91-18, AN ORDI- and Accessory Units NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICI- MOTION PAL CODE CLARIFYING THAT THE DEVELOPMENT REVIEW PROCESS Ordinance 91-18 IS THE APPROPRIATE PROCESSING PROCEDURE FOR GRANNY UNITS Adopted AND ACCESSORY APARTMENTS IN ALL RESIDENTIAL ZONES, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Announcement Council Member Buffa recognized Dr. David Grant, Presi- Dr. David Grant; dent, Orange Coast College, and a premier rowing coach, O.C.C. Rowing Team and announced that the O.C.C. rowing team had soundly defeated the Cambridge, England, rowing team. OLD BUSINESS The Clerk presented a request for endorsement and waiver Orange County of police fees for the Orange County Marathon. The City Marathon Manager reviewed staff's Agenda Report dated July 2, 1991, stating that the request is for an official letter of endorsement from the City; and the waiver of the contract cost, approximately $2,150.00, for policing this event in November, 1991. He stated they have agreed to all conditions in the report as proposed. MOTION A motion was made by Council Member Humphrey, seconded Waiver Approved by Vice Mayor Genis, to approve an amount not to exceed $2,150.00 for the.waiver of police fees to be taken from the Promotional and Advertising fund; and to instruct staff to develop a policy on criteria relative to accep- tance of how different programs will be dealt with by the Council. AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented from the meeting of July 1, 1991, Cultural Arts recommendations from the Cultural Arts Committee on Funds allocation of Cultural Arts funds. Mayor Hornbuckle stated communications in support of cultural arts funding were received from: Dorothy Beller, 2031 North Kapella, Costa Mesa; Stephen M. Dolle, 1578 Santa Ana Avenue, Costa Mesa; and Salwa Rizkalla, The Festival Ballet Theater, 9527 Garfield Avenue, Fountain Valley. The City Manager presented the report from the Cultural Arts Committee dated June 24, 1991, and he stated mem- bers embers of recipient organizations were in attendance to answer questions. The following members of the Cultural Arts Committee spoke in support of the proposed funding: Lori Houghton, Chairperson; Irene Hajek, Vice Chairperson, 3058 Madison Avenue, Costa Mesa; and Alice Leggett, liaison to the Costa Mesa Civic Playhouse, 1088 Salinas Avenue, Costa Mesa. The following people spoke in support of the proposed Cultural Arts funding: Peter Odegard, 22 Dickens Court, Irvine; Bernice Thompson, Treasurer, Costa Mesa Art League, 56 Oak Tree Lane, Irvine; Bonnie Hall, Associate Director of the Laguna Art Museum, 616 East Maple Avenue, Orange; Gary Halbert, Member of the Board of Directors, Costa Mesa Civic Playhouse, 1700 Marguerite Avenue, Corona del Mar; Stephen Rapp, Director of Community Pro- grams, Opera Pacific, 1016-1/2 Delaware Street, Hunting- ton Beach; JoAnn Fuerbringer, Education Coordinator, Orange County Philharmonic Society Youth Programs, 2713 Cardinal Drive, Costa Mesa; Bonnie McClain, Executive Director of the Pacific Corale, 3661 Bear Street, Santa Ana; Larry Granger, Music Director of the South Coast 1 Symphony, 5202 Yale Avenue, Westminister; Carol Haywood, 655 West Baker Street, Apartment Q102, Costa Mesa; Jane Grier, a Director of the Orange County Philharmonic Society, 477 Esther Street, Costa Mesa; Colene Schwandt, Development Director, Master Chorale of Orange County, Post Office Box 2156, Costa Mesa; Jeffrey Childs, 1139 Aviemore Terrace, Costa Mesa; and David Emmes, Artistic Director, South Coast Repertory, 3470 Wimbleton Way, Costa Mesa. The following Costa Mesa residents spoke in opposition to the proposed funding: Roy Pizarek, 1923 Whittier Avenue; John Moorlach, 3169 Madeira Avenue; Dick Sherrick, 3146 Country Club Drive; and Carl Bureman, 447 Princeton Drive. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, pointed out a communication had been forwarded by John Feeney, same address, opposing taxpayer's funding of the arts. MOTION A motion was made by Council Member Humphrey, seconded Grants Approved by Council Member. Buffa, to approve the Cultural Arts Grants as recommended in the Cultural Arts Committee's Agenda Report dated June 24, 1991; stipulating that a breakdown from Costa Mesa Civic Playhouse and South Coast Repertory be submitted; excluding the recommen- dation for funding "Arts on the Green"; and directing that monies for schools shall go to schools educating Costa Mesa children. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Erickson RECESS The Mayor declared a recess at 9:45 p.m., and the meet- ing reconvened at 10:00 p.m. NEW BUSINESS The Clerk presented recommendations from the Cable Tele - Public Access vision Committee concerning allocation of Public Access Television Grant Television Grant Funds. Funds The City Manager presented the Cable Television Com- mittee's Agenda report dated July 1, 1991. Carl Bureman, Vice Chairperson, Cable Television Com- mittee, 447 Princeton Drive, Costa Mesa, introduced Shelley Lash, 218 East 20th Street, Costa Mesa, who stated that the grant request for "Game of the Week" applicant Eugene Murphy was denied, not withdrawn; and Eugene Murphy, 968 Mission Drive, Costa Mesa, responded to the statement that the "Game of the Week" grant was not well researched. Vice Mayor Genis requested a report from staff on what Orange Coast College has done with cable television monies granted, with a copy to Ms. Lash. MOTION A motion was made by Council Member Buffa, seconded by Grants Approved Council Member Humphrey, to approve the Cable Television Committee's recommendations regarding the allocation of public access television grants per the Agenda Report dated July 1, 1991. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented a request to reappoint a member to Senior Citizens the Senior Citizens Committee. The City Manager Committee commented on the status of the Committee members as presented in staff's Agenda Report of July 8, 1991. MOTION. On motion by Vice Mayor Genis, seconded by Council Gray Reappointed Member Humphrey, and carried 5-0, Virginia Gray was reappointed to the Senior Citizens Committee. NEW BUSINESS The Clerk presented an ordinance amending Ordinance Narcotics Forfei- 89-14 regarding utilization of the Narcotics Forfeiture ture Fund Fund. The Director of Finance reported on the proposed ordinance, per staff's Agenda Report dated July 3, 1991, stating that the new ordinance expands the language in Ordinance 89-14, allowing for the use of drug education programs. - MOTION On motion by Council Member Humphrey, seconded by Ordinance 91-19 Council Member Buffa, Ordinance 91-19, AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading AMENDING SECTION 14-71 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE NARCOTIC FORFEITURE FUND, was given first reading and passed to second reading; amending Page 1, Section 14-71, to add, "street gang prevention measures and graffiti removal". The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented consolidation of the Cable Tele - Cable Television vision Franchise Fund with the City's General Fund. Franchise Fund The Director of Finance summarized staff's Agenda Report dated July 3, 1991, stating that the franchise fees would be monitored as a separate line item. Shelley Lash, 218 East 20th Street, Costa Mesa, asked and received clarification from the City Manager on the subject of large grant requests. MOTION A motion was made by Council Member Buffa, seconded by Consolidation Council Member Erickson, to consolidate the Cable Tele - Approved vision Franchise Fund with the City's General Fund, as outlined in staff's Agenda Report dated July 3, 1991. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented an ordinance establishing the General Fund General Fund Operation Reserve Council Policy. The Operating Reserve Director of Finance summarized staff's Agenda Report dated July 5, 1991. The City Manager explained the City's insurance through the Municipal Liability Insurance Pool. John Moorlach, 3169 Madeira Avenue, Costa Mesa, supported the City's financial responsibility due to keeping a three-month reserve. Vice Mayor Genis inquired about the use of a -super majority (4/5 majority) for any expenditure of funds. The City Attorney responded that the City Council cannot bind the future City Council's legislative authority. MOTION On motion by Vice Mayor Genis, seconded by Council Ordinance 91-20 Member Buffa, Ordinance 91-20, AN ORDINANCE OF THE CITY Given First COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING Reading ARTICLE 6 TO TITLE 2, CHAPTER V OF THE COSTA MESA MUNI- CIPAL CODE PERTAINING TO THE USE OF THE CITY'S GENERAL FUND OPERATING RESERVE, was given first reading and passed to second reading, modifying Section 2-206(b) to add, "To provide required funding for an unanticipated but urgent event threatening the public health, safety, and welfare of the City of Costa Mesa". The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented a resolution establishing the 1991-92 General funding level of the 1991-92 General Fund Operating Fund Operating Reserve. The Director of Finance summarized staff's Reserve Agenda Report dated July 2, 1991. MOTION On motion by Council Member Buffa, seconded by Council Resolution 91-60 Member Humphrey, Resolution 91-60, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND ADOPTING THE GENERAL FUND OPERATING RESERVE FOR THE 1991-92 FISCAL YEAR, IN ACCORDANCE WITH TITLE 2, CHAPTER V, ARTICLE 6, OF THE COSTA MESA MUNICI- PAL CODE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented the utilization of salary and bene - Salary and Benefit fit savings to balance the 1991-92 Budget. The Finance Savings Director summarized the Agenda Report of July 2, 1991, clarifying that using the Public Employees' Retirement System (PERS) credit to offset current retirement funds is the only way to access the fund. Regarding Phase I, the hiring freeze, the City Manager stated that the freeze would apply to all positions, including those in the Police and Fire Departments, to be evaluated on a case-by-case basis with public safety being the first priority. He stated the consultant's fee would be taken from the Personnel Training account. MOTION A motion was made by Council Member Humphrey, seconded Plan Approved by Council Member Buffa, to implement the action plan as outlined by staff in the Agenda Report dated July 2, 1991, to include Phases I through V; in Phase III, to include the Ad Hoc Committee; to include the business plan for future planning goals and direction; and to include the time frame as dictated by the Agenda Report. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented a request frcm Vice Mayor Genis for Campaign Contri- an amendment to Costa Mesa Municipal Code Section butions and 2-68(g) restricting campaign contributions and conflict Conflict of of interest limits to $250.00. Interest Vice Mayor Genis stated that appointed officials are limited to conflict of interest amount of $250.00 by 47 State law. A discussion ensued regarding the costs of an election campaign and the initial reason for the legislature restricting campaign contributions. MOTION A motion was made by Vice Mayor Genis, seconded by Amendment Approved Council Member Humphrey, directing staff to prepare an ordinance amending the current conflict of interest limits as specified in Subsection 2-68(g) to reflect those limits specified in State law for appointed com- missioners. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Genis, Humphrey, Erickson NOES: COUNCIL MEMBERS: Hornbuckle, Buffa ABSENT: COUNCIL MEMBERS: None Council Member Council Member Buffa left the meeting at 11:00 p.m., Buffa Left stating he would abstain from voting on the next item and would return upon its completion. NEW BUSINESS The Clerk presented a resolution opposing SB -945 (Maddy) Satellite Wagering since this legislation would facilitate satellite at Fairgrounds wagering at the Orange County Fairgrounds. The City Manager stated that at the last regular Council meeting a resolution was presented from the Costa Mesa Republi- can Assembly opposed to SB -945. He reviewed staff's Agenda Report dated July 11, 1991, and suggested deleting reference to SB -945 in the proposed City reso- lution. John Moorlach, 3969 Madeira Avenue, Costa Mesa, urged approval of the proposed resolution, and he suggested including the reference to SB -945 and adding, "and any other related legislation". MOTION On motion by Vice Mayor Genis, seconded by Council Resolution 91-61 Member Humphrey, Resolution 91-61, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING THE ESTABLISHMENT OF SATELLITE WAGERING AT THE ORANGE COUNTY FAIRGROUNDS, AND REQUESTING THAT THE ORANGE COUNTY REPRESENTATIVES IN THE CALIFORNIA STATE LEGISLATURE OPPOSE ANY LEGISLATION TO AUTHORIZE SATELLITE WAGERING AT THE ORANGE COUNTY FAIRGROUNDS IN COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Humphrey, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINING: COUNCIL MEMBERS: Buffa Council Member Buffa Returned Council Member Buffa returned at 11:10 p.m. NEW BUSINESS The Clerk presented a request from 600 Anton Boulevard Plaza Tower Associates, 3315 Fairview Road, Costa Mesa, to establish Community Facili- a Community Facilities Assessment District for the Plaza ties Assessment Tower project: District Resolution of Intention to establish Community Facilities District No. 91-1; and Resolution of Intention to incur indebtedness for Community Facilities District No. 91-1. Assistant to the City Manager Rick Pickering summarized staff's Agenda Report dated July 11, 1991. The City Attorney stated that Resolution 88-92, the revised summary of mitigation measures, specifies that a mutual- ly agreeable funding agreement is to be approved prior to occupancy. Rod Gunn, Rod Gunn Associates Incorporated, 3010 Old Ranch Parkway, Suite 330, Seal Beach, financial advisor to the City, stated that recently, developers have turned to cities and requested assistance in obtaining financing for public projects,'typically through community facilities districts. Malcolm Ross, representing 600 Anton Boulevard Associ- ates, 3315 Fairview Road, Costa Mesa, gave a letter to the Clerk from Chase J. McLaughlin, 600 Anton Boulevard Associates, dated July 15, 1991, regarding Plaza Tower Occupancy Permit/Traffic Impact Fee. He stated the purpose of the request to the City to form a Community Facilities District is to bond for approximately $3.1 million, and to request a conditional certificate of occupancy for Plaza Tower. He stated he took issue with the dollar amount and the number of trip ends involved, and after discussion, Mr. Ross suggested that an updated traffic study be done. Andy Hall, of Jones, Hall, Hill, and White, Four Embarcadero Center, 19th Floor, San Francisco, stated that if the landowner does not approve of the Council's actions regarding the bond issue, he can refuse to continue to participate. He stated that the Council's intent that the bond issue"not exceed $3.2, refers to all references in both resolutions. MOTION On motion by Council Member Buffa, seconded by Mayor Resolution 91-62 Hornbuckle, Resolution 91-62, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH CITY OF COSTA MESA COMMUNITY FACILITIES DISTRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVEMENTS) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982, changing the resolution by inserting $3.2 million in Exhibit B, and amending Exhibit A to exclude Facili- ties Item Nos. 3 and 4, was adopted, setting a public hearing on August 19, 1991, at 6:30 p.m. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Vice Mayor Genis stated that she supported the motion but this does not mean she supports any adjustment of the $6.1 million Traffic Impact Fee, and at this point is merely supporting an alternate means of financing. MOTION On motion by Council Member Buffa, seconded by Mayor Resolution 91-63 Hornbuckle, Resolution 91-63, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO INCUR BONDED INDEBTEDNESS FOR THE PRO- POSED CITY OF COSTA MESA COMMUNITY FACILITIES DISTRICT NO. 91-1 (PLAZA TOWER PUBLIC IMPROVEMENTS) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982, chang- ing the resolution by inserting $3.2 million in Exhibit B, amending Exhibit A to exclude Facilities Item Nos. 3 and 4, and setting $345,000.00 as the total maximum annual tax and $67,740.00 per acre, was adopted, setting a public hearing on August 19, 1991, at 6:30 p.m. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Motion Withdrawn A motion was made by Council Member Buffa, seconded by Council Member Erickson, and later withdrawn, to initi- ate a traffic study on this project in the form of an addendum to the Environmental Impact Report to determine the accuracy of figures used, both in terms of trip ends and total expenses for all traffic mitigation measures that were identified in the approval of this project. The Director of Public Services stated that a traffic study was done to establish the original figure of $668.00 per trip, and recalculating this figure has been held in abeyance because figures may be changed when the new General Plan is adopted. MOTION A motion was made by Council Member Humphrey, seconded Negotiations by Council Member Erickson, and carried 5-0, directing Approved staff to enter into negotiations with 600 Anton Boule- vard Associates to work on a funding agreement for the balance of the mitigation measure costs in preparation for the August 19, 1991, public hearings. Mayor Hornbuckle requested clarification of Resolution 88-10, and the City Manager stated he would report back at a later date. NEW BUSINESS The Clerk presented the Subscription Agreement for Hazardous Materials hazardous materials emergency response services with Emergency Response the Orange County -City Hazardous Materials Emergency Authority Response Authority, and the City Attorney summarized his Report No. 91-41 dated June 26, 1991. MOTION On motion by Vice Mayor Genis, seconded by Council Agreement Approved Member Humphrey, the Subscription Agreement with the Orange County -City Hazardous Materials Emergency Response Authority, 500 East Broadway, Anaheim, for $25,440.00, was approved; and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORTS Government Code Section 54956.9(a) to discuss the following matters: Request for Closed Session: The Lakes; City of Costa Mesa v. The.Lakes Joint Venture, Orange Sunset Restaurants County Superior Court Case No. 62-85-89; (Hoagie's); and 32nd District.Agricultural Sunset Restaurants, Incorporated (Hoagie's), v. City Association (Fair- of Costa Mesa, Orange County Superior Court Case No. grounds) Lawsuits 64-93-46; and City of Costa Mesa v. 32nd District Agricultural Association (Fairgrounds), Orange County Superior Court Case No. 65-06-79. CITY MANAGER'S The City Manager presented the Agreement with Economics REPORT Research Associates, 10960 Wilshire Boulevard, Suite 2400, Los Angeles, in an amount not to exceed $21,500.00, Costa Mesa Golf to analyze the operation of the Costa Mesa Golf and and Country Club Country Club, and Notice to Harry Green, Incorporated, of the intention to solicit proposals for operation of the concession. Ann Gyben, Assistant to the City Manager, summarized the Agenda Report prepared by the Golf Course Proposal RPViPW Cnmmi-ttee dated Julv 8. 1991. 1 4 i. i MOTION A motion was made by Mayor Hornbuckle, seconded by Economics Research Council Member Erickson, authorizing the City to nego- Agreement Approved tiate and sign an agreement with Economics Research Associates, subject to final approval by the City Attorney. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Tim Green, 950 Dogwood Street, Costa Mesa, in charge of the golf course concession for his father, wanted the opportunity to negotiate with the City Manager prior to the submission of other proposals. Mayor Hornbuckle stated that Mr. Green would be able to submit a proposal. MOTION A motion was made by Mayor Hornbuckle, seconded by Notice Approved Council Member Erickson, to authorize the City Manager to send notice to Harry Green, Incorporated, of the intention to solicit proposals for operation of the concession. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCIL MEMBER Council Member Humphrey commented on the recurrent prob- COMMENTS lem of citizens ignoring red traffic lights, endangering Red Lights lives, and asked the Police Department to specifically watch 18th Street and Newport Boulevard, Harbor Boule- vard and Baker Street, and Fair Drive and Harbor Boule- vard. He welcomed Mr. Erickson to the Council. Mariner's Elementary Council Member Erickson thanked the Council for his School/Irvine appointment. He noted the hazards for children on the Avenue eastside who cross Irvine Avenue going to Mariner's Elementary School. Mayor Hornbuckle requested a written update from the Director of Public Services on this issue. Council Member Council Member Buffa.again welcomed,. -Council Member Welcome Erickson. School Arts Vice Mayor Genis also welcomed the new Council Member. and Music She stated that she hoped by funding some of the arts Programs and music programs for schools under the grants presented earlier that Council is making up a small percentage of that which was previously taken away from Gnat Catcher the School District. She announced the initial hearings Hearing on the listing of the Gnat Catcher bird as an endangered species will be August 1, 1991, in Newport Beach. Monterey Conference Mayor Hornbuckle stated that at the conference she attended in Monterey last week, she learned that cities Fairgrounds Board would be losing revenue sources and gain more costs. She stated that there were two seats coming up on the Fairgrounds Board, and she suggested Council try to have a Costa Mesa resident seated. ADJOURNED DO At 1:05 a.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Roan to discuss the three items announced by the City Attorney. The Lakes Lawsuit By a vote of 3-0, Council Members Buffa and Humphrey abstaining, the Council approved the settlement in the MOTION City of Costa Mesa v. The Lakes Joint Venture, Orange Settlement Approved County Superior Court Case No. 62-85-89, as detailed in the City Attorney's Confidential memorandum dated July 11, 1991. Sunset Restaurants By a vote of 5-0, the Council approved settlement of (Hoagie's) Lawsuit Sunset Restaurants, Incorporated (Hoagie's) v. City of Costa Mesa, Orange County Superior Court Case No. 64 -93 - MOTION 46, as detailed in the City Attorney's Confidential Settlement Approved memorandum dated July 11, 1991. Council Member At 1:45 a.m., Council Member Buffa left the closed Buffa Left session. 32nd Agricultural By a vote of 4-0, Council Member Buffa abstaining, Association (Fair- Council accepted the City Attorney's recommendation for grounds) Lawsuit the Mandatory Settlement Conference scheduled for July 19, 1991, regarding the City of Costa Mesa v. 32nd MOTION District Agricultural Association (Fairgrounds), Orange Recommendation County Superior Court Case No. 65-06-79, as detailed Approved in the City Attorney's Confidential memorandum dated July 9, 1991. MEETING RECONVENED Mayor Hornbuckle reconvened the regular meeting at 1:50 a.m., and announced the action that had taken place in closed session. ADJOURNMENT The Mayor declared the meeting adjourned at 1:55 a.m. -Axwd, Ajn� Mayor co Uie City of Costa Mesa ATTEST: City Clerk of the City of Costa esa 1