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HomeMy WebLinkAbout09/15/1986 - City Council1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 15, 1986 The City Council of the City of Costa Mesa, California, met in regular session September 15, 1986, 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 Doctor George O. Wood, Newport -Mesa Christian Center. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council September 2, 1986 Member Wheeler, and carried 5-0, the minutes of the regular meeting of September 2, 1986, were. approved as distributed. ORDINANCES A motion was made by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. PROCLAMATION Mayor Hertzog proclaimed September 19, 1986, as National P.O.W. - M.I.A. P.O.W. - M.I.A. Recognition Day in the City of Costa Recognition Day Mesa. ANNOUNCEMENT Mayor Hertzog announced that Old Business Item 5, Cable Television Committee appointments, will be continued to the meeting of October 6, 1986. ORAL COMMUNICATIONS Mildred Kniss, Costa Mesa Mobile Estates, 327 West Wilson Street, Costa Mesa, claimed that the lot lines Costa Mesa at the park have been changed illegally by the present Mobile Estates owner. In -addition, she asserted that State Housing and Camunity Development personnel advised her that the City had approved the plot plans. The Development Services Director stated that prior to 1986, mobile home parks were not regulated by the City. The City Manager reported that the Development Services Department has been investigating this matter and will provide a chronological report for the subject site. Glen Greener, 14 Field, Irvine, representing the owner of Costa Mesa Mobile Estates, disagreed with the state- ments made by Mildred Kniss. Gann Limitation Michael Szkaradek, 1555 Mesa Verde Drive East, Costa Mesa, thanked the City Manager for providing him with the model the City is using to project the Gann Limita- tion revenues and expenditures. He suggested a modifi- cation to the projected sales tax because he believes the City's figure is overstated. Harbor Gateway Michael Szkaradek stated that he has reviewed the EIR Environmental Impact Report (EIR) for Harbor Gateway, noting that Condition 34 calls for housing mitigation; 2'6 4 however, it appears that this item has been deleted. He commented that he has not been able to discover when that condition was deleted. Security Deposits Michael Szkaradek spoke about security deposits required for Rentals for rental units which are sometimes not refunded to the renter. He suggested that Council adopt a policy which would provide an incentive for landlords to refund these deposits. Council Member Hall responded that security deposits may be regulated by the California Business and Professional Code. Council Member Wheeler mentioned that there is a statute stating that there is no such thing as a nonrefundable security deposit, in fact, the statute imposes sanctions on landlords if it were proven that they were not obey- ing the law. Council Member Wheeler suggested that Mr. Szkaradek research the statute and inform the Council of his findings. Sign Ordinance Sid Soffer, 900 Arbor Street, Costa Mesa, referred to a newspaper article which indicated that approximately six cities will be revising their sign ordinances; however, he did not know if the revisions would be more or less stringent than present codes. Drug Testing for Michael Nutter, 1332 Watson Avenue, Costa Mesa, candi- City Employees date for City Council Member, recommended that the City initiate a mandatory drug testing program for City employees, and a drug rehabilitation program. He mentioned that the Police Chief advised him that 65 percent of crimes committed within the City are drug related. Mayor Hertzog responded that the City does have a rehabilitation program for employees. Vice Mayor Hornbuckle expressed her opposition to manda- tory drug testing. She reported that Attorney Larry Frierson spoke at a League of Cities meeting, and stated that one out of five urine tests are inaccurate. The Vice Mayor commented that although she opposes drug abuse, she could not support mandatory drug testing. Council Member Wheeler reported that a court in the East decided that mandatory drug testing is a violation of the Fourth Amendment. He commented that the City has not had a problem with its employees, and if a job function is affected, that would be the appropriate time to act. Michael Nutter responded that he was not suggesting that current employees be tested, only new employees. He also recommended that drug testing be part of the nego- tiations when contracts are discussed with the employee associations. Brian Theriot, 2510 Back Bay Loop, Costa Mesa, also a Council candidate, stated that it was not ethical for Council candidates to speak at these meetings; however, he felt obligated to voice his opinion that present drug testing methods are very accurate. Vice Mayor,Hornbuckle responded that drug testing is not accurate enough for her to rely on it, and that manda- tory testing is improper and a present-day fad. Council Member Wheeler pointed out that search and seizure without probable cause is forbidden for govern- ment entities, but not for the private sector. In reference to Mr. Nutter's suggestion that drug testing be negotiated at the bargaining table, Council Member Wheeler commented that no employee group can waive an employee's constitutional rights. Gary DeVine, 2120 Monrovia Avenue, Costa Mesa, stated that he opposes drug abuse of any kind, but he also opposes mandatory drug testing because it imposes on people's rights. Mr. DeVine objected to candidates using Council meetings as a campaign forum. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 5(b), Contract award for Storm Drain Construction and Street Reconstruction on Victoria Street; Item 6, Agreement for design of the Del Mar Avenue widening from Newport Boulevard to Elden Avenue; and Item 7, Voting delegate for League of California Cities Annual Conference. On motion by Council Member Schafer, seconded by Council Member Wheeler, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, a request frau The MOTION Grant Boys, 1750 Newport Boulevard, Costa Mesa, for a The Grant Boys five-year lease extension under the existing terms and Lease Referred to conditions, for property located at 111 Rochester Finance Director Street, was referred to the Finance Director. READING FOLDER On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Law offices of Harold V. Sullivan, II, on behalf of Jacobus C. Bosma; Randolph C. Carson; Rosa Marie Gaudan; Attorney Mai Dang Wells on behalf of Brett Miku; Gerald and Ronald Mora and Irene and Walter Baldwin; and Southern Cali- fornia Edison Company. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Associated Dry Goods, Incorporated, doing business as J. W. Robinson's Cempany, 3333 Bear Street; Vincent Colandrea, Incorporated, doing business as Vinnies Brooklyn Pizza Works, 270 East 17th Street, Suite A; Look -Chong Loh, doing business as Pink Pearl Palace, 2949 Fairview Road; Notre Damian Corporation, doing business as Birraporetti's, 3333 Bristol Street, Suite 2078; The Pantry Food Markets, Incorporated, doing business at 1170 Baker Street; Kiritkumar Patel, doing business as Plaza Verde Liquor and Deli, 1525 Mesa Verde Drive East, Suites 127-129; and Vinh Quang Pham, doing business as Sue's Market, 2228 Newport Boulevard. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable United Family Purpose was received from United Family Associates, Associates Incorporated, doing business as Family Thrift Store, 940 East Santa Clara Street, Ventura, by soliciting MOTION discarded.items frcxn August, 1986, through June, 1987. Permit Approved On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the solicitation permit was approved with application of Municipal Code Section 9-234(j). REJECTED CLAIMS On motion by Council Member Schafer, seconded by Council Hoff Member Wheeler, and carried 5-0, the claim from Shirley Hoff was rejected. Lang Quiroga Sevilla Sevilla State Farm/ Orlowski Prestininzi/ Orlowski Thomson ADMINISTRATIVE ACTIONS Bid Item 737 Re -roof City Buildings MOTION Awarded to Reeves Roofing On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Tom Lang was rejected. On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Ernest Quiroga was rejected. On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim and amendment from Fongsamut Sevilla were rejected. On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim and amendment from Ronald Sevilla were rejected. On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from State Farm Insurance/Robert Orlowski was rejected. On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim fron Attorney James M. Prestininzi/Robert Orlowski was rejected. On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Geri Thomson was rejected. Bids received for Bid Item 737, Re -roof City Buildings, are on file in the Clerk's office. On motion by Council Member Schafer, seconded by Council Member Wheeler, the contract was awarded to Reeves Roofing Company, Incor- porated, 15019 Raymer Street, Van Nuys, for $19,985.00 including taxes. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler None None Amendment to MOU The City entered into a Memorandum of Understanding with Housing (MOU) in 1984 and 1985 with the Orange County Housing Authority Authority, to participate in the use of Section 8 certificates and vouchers for assisting low income families under the Rental Rehabilitation Program. The Housing Authority is requesting by amendment that the certificates/vouchers be used for immediate assistance rather than be kept on reserve for the cities, and used MOTION only after rehabilitation has been completed. On motion Amendment by Council Member Schafer, seconded by Council Member Approved Wheeler, the amended Memorandum of Understanding was approved as recommended by staff, and the Mayor was authorized to execute the necessary documents. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog,.Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None p, I. a Change Order The Director of Public Services recommended approval Nos. l.and 5 of Change Order No. 1 for $3,600.00, and Change Order Fecit Strata No. 2 for $15,471.10, to the contract with Fecit Strata Financing Arterial Construction Company, 10727 Leland Avenue, Whittier, 1985-86 Street in connection with the 1985-86 Street Maintenance Pro- Maintenance/Capri gram - Reconstruction and Parkway Maintenance for Capri Lane and Capri Lane and Capri Circle. The change orders are for Circle removal ofnine additional parkway trees, including stump grinding, and for additional sidewalk and drive - MOTION way approaches. On motion by Council Member Schafer, Change Orders seconded by Council Member Wheeler, the change orders Approved were approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, MOU Approved Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Schafer, seconded by Council No. 87-10/Downtown Member Wheeler, Budget Adjustment No. 87-10 for Parking Study $5,000.00, to establish an appropriation for the Down- town Parking Study, was approved by the following roll MOTION call vote: Adjustment AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Approved Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOU with the County The Director of Public Services recommended approval of and Various Cities a Memorandum of Understanding (MOU) with the cities of Santa Ana, Irvine, Newport Beach, and the County of Financing Arterial Orange, to implement a program of arterial street Street Improvements improvements related to development and traffic growth. The program outlines a specific set of street improve- ments to be funded in proportion to traffic from new developments. The program requires each agency to commit $58.00 per new development daily trip for this purpose, but it does not specify how the fee is to be raised. In Costa Mesa, the funds will be raised by fees which are already being collected from major MOTION developments. On motion by Council Member Schafer, MOU Approved seconded by Council Member Wheeler, the Memorandum of Understanding was approved, and the Mayor was authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Release Portion of The Director of Public Services requested authorization Retention Funds to to release 80 percent ($50,905.38) of retention funds to Manhole Adjusting Manhole Adjusting Contractors, Incorporated, 2300 Green - Contractors wood Avenue, Monterey Park, in connection with the 1985-86 Street Maintenance Program - Chip Seal and/or 1985-86 Street Slurry Seal. The City negotiated with the contractor to Maintenance/Chip perform the final asphalt concrete overlay at the inter - Seal and/or section of 19th Street and Newport Boulevard. Since the Slurry Seal contractor completed the street maintenance project four to six weeks ago, and the additional overlay that will be added to the contract will amount to approximately MOTION 5 percent of the original contract, the release of 80 Authorized Release percent of the retention is reasonable. On motion by of 80 Percent of Council Member Schafer, seconded by Council Member Retention Funds Wheeler, release of 80 percent of the retention funds was authorized by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion The 19th Street Widening from Park Avenue to Fullerton Nelson and Belding Avenue has been completed to the satisfaction of the Conference Advance On motion by Council Member Schafer, seconded by Council Member Wheeler, a Conference Advance for $490.00, for a MOTION police officer to attend a Homicide Investigation Course Advance Approved in Los Gatos, September 21 through 26, 1986, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Connectors between The.Director of Public Services requested adoption of the 55 and 73 a resolution in connection with an application to the Freeways Orange County Transportation Commission for Unified Transportation Trust Fund (OCUTT) financing to study and construct the missing connectors between the Newport MOTION (55) and the Corona del Mar (73) freeways. On motion by Resolution 86-100 Council Member Schafer, seconded by Council Member Adopted Wheeler, Resolution 86-100, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING CONSTRUCTION OF FREEWAY CONNECTORS FOR THE SOUTHERLY LEGS OF ROUTES 55 AND 73, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission recommended parking prohibition on Wilson Street along the southerly curb of Wilson Street for 250 feet east of Fairview Read, to improve sight distance. On MOTION motion by Council Member Schafer, seconded by Council Resolution 86-101 Member Wheeler, Resolution 86-101, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF WILSON STREET, was adopted .by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission recommended parking prohibition on Howard Way along both curbs of Howard Way for its entire length south of Scenic Avenue, to improve sight distance. On MOTION motion by Council Member Schafer, seconded by Council Resolution 86-102 Member Wheeler, Resolution 86-102, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF HOWARD WAY, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 Director of Public Services by Nelson and Belding 19th Street Construction Campany, 17626 South Broadway, Gardena. Widening from Park On motion by Council Member Schafer, seconded by Council Avenue to Fullerton Member Wheeler, the work was accepted; the Clerk was Avenue authorized to file a Notice of Completion; the Labor and Material Bond was ordered exonerated 7 months there - MOTION after; the Performance Bond was ordered exonerated 12 Work Accepted months thereafter; and authorization was given to release the remaining 50 percent of the retention funds immediately. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference Advance On motion by Council Member Schafer, seconded by Council Member Wheeler, a Conference Advance for $490.00, for a MOTION police officer to attend a Homicide Investigation Course Advance Approved in Los Gatos, September 21 through 26, 1986, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Connectors between The.Director of Public Services requested adoption of the 55 and 73 a resolution in connection with an application to the Freeways Orange County Transportation Commission for Unified Transportation Trust Fund (OCUTT) financing to study and construct the missing connectors between the Newport MOTION (55) and the Corona del Mar (73) freeways. On motion by Resolution 86-100 Council Member Schafer, seconded by Council Member Adopted Wheeler, Resolution 86-100, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING CONSTRUCTION OF FREEWAY CONNECTORS FOR THE SOUTHERLY LEGS OF ROUTES 55 AND 73, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission recommended parking prohibition on Wilson Street along the southerly curb of Wilson Street for 250 feet east of Fairview Read, to improve sight distance. On MOTION motion by Council Member Schafer, seconded by Council Resolution 86-101 Member Wheeler, Resolution 86-101, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF WILSON STREET, was adopted .by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission recommended parking prohibition on Howard Way along both curbs of Howard Way for its entire length south of Scenic Avenue, to improve sight distance. On MOTION motion by Council Member Schafer, seconded by Council Resolution 86-102 Member Wheeler, Resolution 86-102, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF HOWARD WAY, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 A -,G9 Budget Adjustment On motion by Council Member Schafer, seconded by Council No. 87-17 Member Wheeler, Budget Adjustment No. 87-17, to transfer Tustin/19th Stone' adequate appropriations for the 'Tustin Avenue/19th Drain;.Victoria Street Stone Drain, and the Victoria Street Storm Drain Storm Drain and and Street Improvements, was approved by the following Street Improvement roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, MOTION Schafer, Hall, Wheeler Adjustment NOES: COUNCIL MEMBERS: None Approved ABSENT: COUNCIL MEMBERS: None Storm Drain Item 5(b) on the Consent Calendar was presented: and Street Contract award for Construction of the Stone Drain Reconstruction System and Street Reconstruction for Victoria Street on Victoria from Pomona Avenue to Placentia Avenue. Bids received Street for the project are on file in the Clerk's office. Mike Korando, 582 Park Drive, Costa Mesa, requested information on the improvements. The Director of.Public Services responded that the storm drain system consists of installing 30 -inch and 54 -inch reinforced concrete pipes; street improvements are reconstruction of the Victoria Street/Raleigh Avenue and Victoria Street/ Pomona Avenue intersections. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Awarded to Council Member Schafer, awarding the contract to JWM JWM Engineering Engineering, Incorporated, 18226-A McDurmott West, Irvine, for $391,825.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Item 6 on the Consent Calendar was presented: Agreement RMG Engineering with RMG Engineering, Incorporated, 17961-A Cowan, Irvine, for $16,860.00, to provide engineering services Design of Del Mar for the Del Mar Avenue Widening Project, Newport Boule- Avenue Widening vard to Elden Avenue. Sid Soffer, 900 Arbor Street, Costa Mesa, was opposed to the City spending this amount of money for the design of one block. He suggested that City staff perform the engineering work. Doug Yates, 274 Cecil Place, Costa Mesa, asked if stop signs for the intersection of Del Mar and Elden Avenues are included in the design. The Director of Public Services responded that stop signs are not included in the project, and if stop signs are requested by the residents, or recommended by staff, the item would be considered first by the Traffic Commission, and then by the City Council. MOTION On motion by Council Member Hall, seconded by Council Agreement Member Schafer, the agreement was approved, and the Approved Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call I. vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT:, COUNCIL MEMBERS: None League of Cities Item 7 on the Consent Calendar was presented: Request Voting Delegates from the League of California Cities for Council to designate a voting representative and an alternate who will be present at the Business Session during the Chris Stephens, 3199-A Airport Loop Drive, Costa Mesa, was present to answer questions from the Council. Mark Korando, 582 Park Drive, Costa Mesa, opposed the lot combination incentive for this area because he felt it was not consistent with the General Plan. Council Member Wheeler stated that he does not favor the lot combination incentive, and opposed R3 zoning for this neighborhood. MOTION League's Annual Conference'scheduled for October 19-22, Ordinance 86-14 1986. This procedure is to expedite the conduct of Adopted business during the policy-making meeting. Council Member Wheeler disagreed with the recommendation that the Mayor and Vice Mayor act as delegate and alter- nate, respectively. He suggested that Council Member Schafer be designated for one of these roles. MOTION On motion by Council Member Hall, seconded by Vice Mayor Mayor and Vice Hornbuckle, Mayor Hertzog was designated voting delegate Mayor Designated and Vice Mayor Hornbuckle was designated as alternate. Tru -Valu Inn/Dady The motion carried 4-1, Council Member Wheeler voting no. OLD BUSINESS Rezone Petition R-86-09, Tru Valu Inn/Harry Dady. MOTION The Clerk presented for second reading and adoption, R-86-06 Ordinance 86-14, changing the zoning of property at 602, Stephens/Peterson 606, and 610 Center Street fram R2 to R3 in connection with Rezone Petition R-86-06, Stephens/Peterson. Staff reccmmended adoption of the ordinance since the three lots have been legally combined under Lot Line Adjust- ment LL -86-07. Chris Stephens, 3199-A Airport Loop Drive, Costa Mesa, was present to answer questions from the Council. Mark Korando, 582 Park Drive, Costa Mesa, opposed the lot combination incentive for this area because he felt it was not consistent with the General Plan. Council Member Wheeler stated that he does not favor the lot combination incentive, and opposed R3 zoning for this neighborhood. MOTION On motion by Council Member Schafer, seconded by Council Ordinance 86-14 Member Hall, Ordinance 86-14, being AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF LOT 402, NEWPORT MESA TRACT, FROM R2 TO R3, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Schafer, Hall NOES: COUNCIL MEMBERS: Hornbuckle, Wheeler ABSENT: COUNCIL MEMBERS: None R-86-09 The Clerk presented for second reading and adoption, Tru -Valu Inn/Dady Ordinance 86-21, changing the zoning of property at 3597 Harbor Boulevard from MP to CL, in connection with Rezone Petition R-86-09, Tru Valu Inn/Harry Dady. MOTION On motion by Council Member Hall, seconded by Vice Ordinance 86-21 Mayor Hornbuckle, Ordinance 86-21, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOT 1, TRACT 1083, PARCEL 1, FROM MP TO CL, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Closure of Monrovia, The Clerk presented a report concerning the closure of Continental, and Monrovia, Continental, and Federal Avenues; status of Federal Avenues; the 19th Street bridge over the Santa Ana River; and 19th Street Bridge; status of Bluff Road. Status of Bluff Road A communication was received from Katherine E. Stewart, 2133 Federal Avenue, Costa Mesa, supporting the street closures. 1 A communication was received from the Nerison Family, 2009.Continental Avenue, Costa Mesa, in opposition to the four-way stop signs which were erected at Monrovia Avenue/20th Street and at Monrovia Avenue/Oak Street. The Public Services Director summarized his letter of September 5, 1986, and the drawings attached thereto. If cul-de-sacs were the method used to close the three streets, each cul-de-sac would require the acquisition of two front yards or one house as shown in Figures 1 and 2. Total costs could exceed a half million dollars; preparation of plans and construction could take two years due to the need to acquire right-of-way. Staff has developed 20 alternative plans for closing all through routes across the neighborhood. Every plan except one will require the need for property acquisi- tion; therefore, staff believes there is only one reasonable alternative for controlling through traffic. Staff recommended that traffic diverters be installed diagonally across the intersections of Monrovia Avenue at 20th Street, Continental Avenue at Oak Street, and across Federal Avenue north of Oak Street (Figures 3 and 4). Staff also recommended that temporary barricades be installed at these locations using concrete "Jersey Barriers". The Public Services Director reported that in order to be consistent with the City's General Plan, an Environ- mental Impact Report (EIR) and General Plan Amendment will be required for the permanent street closures. Staff anticipates traffic impacts on Victoria Street and Placentia Avenue which may be mitigated. The Director referred to the second portion of his letter concerning the 19th Street bridge across the Santa Ana River, a project of the County of Orange. The Coastal Commission, the State Department of Fish and Game, and the U. S. Wildlife and Fishery Service are very concerned over encroachment into wetlands by the proposed bridge. The County is preparing a second EIR which will be completed in 1987; however, the Coastal Commission probably will not issue a permit until the County and the City have approved Local Coastal Plans. The relationship of the bridge to the City's proposed marina further complicates the project. There is a possibility that the bridge will not be constructed for another five to ten years. Responding to Vice Mayor Hornbuckle's question, the City Manager reported that approximately five years ago, staff was ready to prepare a Local Coastal Plan but the Coastal Commission was not ready to receive it. The City Manager recommended preparation of a Local Coastal Plan in conjunction with the General Plan Update. The Public Services Director referred to the third and last portion of his letter which addressed Bluff Road. Bluff Road would be constructed at the foot of the bluffs from Victoria Street south (Figure 5). In Newport Beach, the road is known as the Balboa Boulevard extension because it will intersect Pacific Coast High- way near Balboa Boulevard. In Costa Mesa, the road will cross lands currently owned by the County of Orange for the future development of Talbert Regional Park. This park site is also•the site of Costa Mesa's proposed marina. The section of roadway in Costa Mesa extends from -19th Street to Victoria Street, and construction of the road would provide significant traffic benefits to the City. 27 Construction of Bluff Road would be Costa Mesa's obliga- tion, and the land would have to be purchased from the County Parks Division. Since the road passes through the coastal zone, a permit would be difficult to obtain unless the City prepares and secures approval of a Local Coastal Plan. The Director reported on the possibility of Federal funding and the approximate percentages which the City might receive if funding were approved for one of the following: Arterial Highway Financing Program (AHFP), 50 percent; Federal Aid Urban (FAU), 85 percent; or Orange County Unified Transportation Trust (OCUTT), 50 percent. Council Member Hall asked if staff could prepare a report so Council could decide whether or not a feasi- bility study should be done for Bluff Road. The Public Services Director responded that such a report could be prepared and would include time frames, schematics of corridors, costs, etc. The Director estimated the cost of the entire project to be under five million dollars. Jan Charas, 2123 Federal Avenue, preferred to have one of the street closures at the Federal/Victoria intersec- tion in order to abate the traffic caning from Victoria Avenue onto Federal Avenue. Mike Gordon, 1953 Federal Avenue, stated that although he would like to see a slight change in the closures reccmmnded by staff, he favors any proposal that will alleviate the traffic problem. Pat Dolan, 923 West 20th Street, did not agree with staff's recalmmendation because those closures would divide the neighborhood. It was Mr. Dolan's opinion that four streets should be closed at Victoria Street because Victoria Street was the source of the through traffic. Gary DeVine, 2120 Monrovia Avenue, supported the plan recomiended by staff. Sid Soffer, 900 Arbor Street, was opposed to any plan which would cause vehicles to turn around at West 20th Street. He also opposed the 19th Street bridge. Jan Charas spoke again to agree with the statements made by Pat Dolan. Joe Arensdorf, 2063 Monrovia Avenue, agreed with the plan suggested by Pat Dolan; however, he believed that staff's recommendation was also a suitable solution. Sid Soffer spoke again, stating that both ends of Monrovia Avenue must be closed. Mark Korando, 582 Park Drive, suggested that staff take traffic counts before and after the street closures in order to determine how the new circulation will affect other streets (such as Wilson Street) which will be utilized to get to Placentia Avenue. The Public Services Director responded that traffic counts on Wilson Street and Canyon Drive are done on a yearly basis. He mentioned that one of the reasons for the temporary barriers is to determine how the closures will affect the surrounding areas so that necessary changes can be made. Pat Dolan spoke again in opposition to staff's proposal. He asserted that the proposed signs informing the public of the street closures would not be effective. 273 MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Temporary Council Member Hall, authorizing the installation of Barriers temporary diagonal barriers until the Environmental Authorized Impact Report and an amendment to the Master Plan of Highways are completed, with the intent to permanently close Monrovia, Continental, and Federal Avenues as shown in Figure 3 of staff's report. During discussion, the City Manager reported that the the project will be coordinated between Engineering and Police personnel, the cost for signs and barriers will be determined and given to the Council, and residents will be advised of the plan. Council Members Hall and Wheeler.congratulated staff on the plan which they recommended. The motion to approve the closures as stated by the Vice Mayor carried 5-0. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Staff Directed Member Wheeler, and carried 5-0, staff was directed to to Prepare Report prepare a report containing a recommendation and the for Bluff Road steps needed to proceed with the Bluff Road development. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Staff Directed Member Wheeler, and carried 5-0, staff was directed to to Prepare LCP proceed to develop a Local Coastal Plan (LCP) along with the General Plan Update. RECESS The Mayor declared a recess at 8:50 p.m., and the meet- ing reconvened at 9:05 p.m. Parking Prohibition The Clerk presented a request fram Sid Soffer, 900 on Monrovia Avenue/ Arbor Street, Costa Mesa, for rehearing of Resolution Resolution 86-93 86-93, adopted August 18, 1986. The resolution prohibits parking along the westerly curb of Monrovia Avenue fram Arbor Street to the existing red curb, to improve sight distance. The Public Services staff recommended reaffirmation of the parking prohibition. Mr. Soffer stated that he would not be opposed to the parking prohibition on Monrovia Avenue if the parking prohibition on Arbor Street for street sweeping is rescinded. He reported that at the last Traffic Commission meeting, the commissioners indicated that they will recommend to the City Council that parking prohibition for street sweeping on Arbor Street be rescinded. MOTION On motion by Council Member Hall, seconded by Vice Reaffirmed Parking Mayor Hornbuckle, and carried 5-0, parking prohibition Prohibition on Monrovia Avenue as shown in Resolution 86-93 was reaffirmed. Cable Television The Clerk presented a report from the City Manager Ccumittee concerning Cable Television Committee appointments. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Held Over Member Wheeler, and carried 5-0, this item was continued to the meeting of October 6, 1986; and September 26 was established as the last day to submit applications for the committee. WARRANTS On motion by Council Member Wheeler, seconded by Council Member Schafer,,Warrant Resolution 1334, including Payroll 8618, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Warrant 1334 Schafer, Hall, Wheeler Approved -NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented Budget Adjustment No.. 87-22 REPORTS for $88,600.00, for special event police services. In his memorandum of September 12, 1986, the City Manager Budget Adjustment discussed the action taken by the Council at its meet - No. 87-22/Special ing of September 2, 1986. The first action authorized Event Police the addition of two Senior Police Officer positions for Services Fiscal Year 1986-87. The second action authorized the City Manager to prepare a Budget Adjustment to implement the Special Events Traffic Management Program. MOTION On motion by Council Member Hall, seconded by Vice Mayor Adjustment Hornbuckle, Budget Adjustment No. 87-22 was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of appeal of the Planning Commission's denial of Planning PA -86-128 Action PA -86-128 from Mr. and Mrs. S. P. Horio, 9552 Horio Henderson Way, Villa Park, for variances from open space, front setback, and parking requirements to legal- ize the addition of paving for an apartment complex at 3016 Jeffrey Drive, in an R3 zone. Environmental Deter- mination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director summarized staff's memorandum dated September 5, 1986, and showed slides of the subject property. A variance was requested because the front setback (20 feet from the property line) is required to be landscaped. The area to the right of the garage has also been paved, resulting in a substantial reduction in open space. Open space required in this zone is 40 percent of the .lot; however, only 22 percent currently qualifies as open space. A parking variance was requested because the proposed spaces do not meet Code requirements for stall size or backout dimensions. The.Planning staff recem4mended that landscaping, curb- ing, and fencing shall be installed within 60 days of final action. Mr. and Mrs. Horio submitted revised plans which they believed were more in conformity with the City's requirements. During discussion, the Development Services Director suggested that the new plans be referred to the Planning Commission for consideration. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that the additional paving on the Horio's property alleviates the problem of insufficient on -street parking. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hall, seconded by Referred to Council Member Schafer, referring the new plans for Planning Planning Action PA -86-128 to the Planning Commission Commission Sion, and directing staff to suspend any Code enforce- ment proceedings until final action has been taken. The motion carried 5-0. 75 PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of appeal of the Planning Commission's denial of Planning PA -86-152 Action PA -86-152 from Martha Benvenuti, 441 North Heim/Benvenuti Newport Boulevard, Suite 202, Newport Beach, for a variance from parking stall width, or a Conditional Use Permit for excess compact spaces, in conjunction with the addition of 1,250 square feet of office space at 474 East 17th Street, in a Cl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. In the background information contained in the Staff Report, it states that the Planning Commission approved Planning Action PA -85-194, a Conditional Use Permit for construction of a drive-through restaurant (Wendy's) within 200 feet of a residential zone, and a Conditional Use Permit for shared access and parking between the restaurant's site (468 East 17th Street) and the subject conmercial site (474 East 17th Street). The developer was required to provide a 10 -foot wide landscape buffer and an 8 -foot high masonry wall along the entire rear property line of both lots, as well as retaining the existing trees in the rear planter where possible. The Development Services Director reviewed staff's memorandum of September 5, 1986. The proposed site plan shows the required 75 parking spaces for the retail center; however, either a variance from stall width for 20 of those spaces is needed since they are 8.5 feet rather than 9 feet wide, or a Conditional Use Permit is required to allow 49 percent compact spaces (25 percent permitted). Also, there is insufficient backout area for the handicap space: 25 feet minimum is required and 22 feet is proposed. The Director reported that the applicant could have requested a variance to reduce the parking by two or three spaces so that the remaining spaces would conform to Code. Walter Heim, authorized agent for Martha Benvenuti, 419 North Newport Boulevard, Suite D, Newport Beach, disagreed with the need for 9 -foot wide parking spaces and commented that the 13 -foot dedication required by the City eliminated a portion of the parking area. Mr. Heim contended that there is 64 percent office use, therefore, the plan he submitted for the large amounts of compact parking is permitted by Code. Council Member Schafer asked if Mr. Heim would be will- ing to submit a new plan deleting two or three spaces so that the remaining spaces would conform to Code. Mr. Heim did not respond. Sid Soffer, 900 Arbor Street, Costa Mesa, opposed the requirement for a 13 -foot dedication. Roland Day, 475 Cabrillo Street, Costa Mesa, asked that the request be denied. He also mentioned that the 8 -foot wall required for Planning Action PA -85-194 (Wendy's) will be constructed at the lower elevation of the property line and therefore would not prevent lights from shining into his home. Mr. Day spoke again and stated that he would be in favor of the variance if the wall could be moved to a higher elevation. Council Member Hall was of the opinion that the parking requirements could be met, and that the wall should be moved. fGro --Pp- Council Members Hornbuckle and Wheeler stated that they could not approve the variance. Mark Korando, 582 Park Drive, Costa Mesa, was in favor of granting the variance with a condition to mitigate light and noise. Sid Soffer spoke again, stating that residential areas should not be located next to commercial uses. He also felt that a higher wall would not resolve the problem. There being no other speakers, the Mayor closed the public hearing. Motion to Approve A motion was made by Council Member Hall, seconded by Failed to Carry Mayor Hertzog, to approve Planning Action PA -86-152 subject to all conditions contained in the Staff Report, with the following amendments: Add a condition that a maximum variance of three spaces will be accommodated under this approval under the direction of the Development Services Department; and 1. Modify.°'Condition No. 5c: Additional heighth shall be provided on the sound and light mitigation wall between the residential and commercial properties to afford the residential properties the maximum viable protection from those intrusions. The motion failed to carry 4-1, Council Members Hertzog, Hornbuckle, Schafer, and Wheeler voting no. MOTION A motion was made by Council Member Wheeler, seconded PA -86-152 by Council Member Schafer, to uphold the Planning Denied Ccnunission's denial of Planning Action PA -86-152. The motion carried 4-1, Council Member Hall voting no. COUNCIINMANIC Vice Mayor Hornbuckle asked for comments concerning Mesa COMMENTS Consolidated Water District's request for support in opposing Proposition No. 61 on the November 4, 1986, ballot. Proposition No. 61 would limit salaries for elected and appointed state and local government offi- cials, and disallow the accumulation of sick leave and vacation leave. The Vice Mayor reported that opposition to the proposition will be contained in a Water District Newsletter. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Proposition Council Member Hall, to go on record in opposition to No. 61 Opposed Proposition No. 61. Council Member Wheeler questioned the legality of the Water District's using rate payers' funds and its news- letter to advocate a political position; however, he did support going on record in opposition to the proposition. The motion to oppose Proposition No. 61 carried 5-0. Street Closures Council Member Hall stated that someone in the audience asked if a moratorium could be established for street closures until the Monrovia Avenue closure has been assessed. Council Member Hall was in favor of consid- ering.a moratorium. Vice Mayor Hornbuckle responded that she believed the Council has been very careful with decisions concerning street closures. ADJOURNMENT The Mayor declared the meeting adjourned at 11:10.p.m. y of the Cit o a Mesa ATTEST: CITy Clerk of the City of Cos Mesa 277