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HomeMy WebLinkAbout02/01/1988 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY CF COSTA MESA FEBRUARY 1, 1988 The City Council of the City of Costa Mesa, California, iret in regular session February 1, 1988, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The rreeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, arra Invocation by the Reverend Paul Thomas, Church of Christ. ROLL CALL Council Members Present: Hall, Amburgey, Uheeler, Hornbuckle, Buffa Council Members Absent: Nine Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MINUTES On motion by Council Member Wheeler, seconded by Council Jaruary 18 and Member Hornbuckle, and carried 5-0, the minutes of the 25, 1988 regular neetirg of January 18, 1988, and the special meeting of January 25, 1988, were approved as distrib- uted. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Lbrnbuckle, and carried 5-0, bo read all ordinances by title only. PRESENTATION Mayor Hall announced that the presentation for Phillip Hartman Hartman has been rescheduled for February 16, 1988. PROCLAMATION Mayor Hall proclaimed February 5, 6, arra 7, 1988, as We Tip Days We Tip Days. CONSENT CALENCAR The following iter was removed frau the Consent Calen- dar: Iter 12, Final Map for Tract No. 13041, Amburgey/ Carich/Elliott/Tripp, located at 726-734 West Wilson Street. On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, the remainirg Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall,- Amburgey, Vthleeler, Hornbuckle, Buffa NOES: COUNCIL ME EERS : None ABSENT: COUNCIL MEMBERS: None WRITTEN On motion by Council Member Buffa, seconded by Vice COMMUNICATIONS Mayor Amburgey, Resolution 88-9, being A RESOLUTION CF THE CITY COUNCIL CF THE CITY CF COSTA MESA, CALIFORNIA, Records Destruction AUTHORIZING RECORDS DESTRUCTION FOR THE FIRE DEPAMENT for Fire Department CF THE CITY CF COSTA MESA, PURSUANT To ORDINANCE NO. 75-60, was adapted by the following roll call vote: MOTION A)ES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Resolution 88-9 Hornbuckle, Buffa Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Shuttle Bus A letter vas received frau Robert E. Moody, 632 Shasta Nuisance Lane, Costa Mesa, concerning the nuisance created by large diesel povered shuttle buses being used to shuttle MOTION Employees fran the Bristol Plaza parking structure to Referred to South Coast Plaza and which will be used to shuttle, Develcpment passengers to the Performing Arts Center. On motion by Services Director Council Member Buffa, seconded by Vice Mayor Amburgey, and carried 5-0, this item was referred to the Develop- rrent Services Director for a report. READING FOLLER _ On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, and carried 5-0,.the following Reading Folder items were received and processed: Claims ._Claims received by the City Clerk: Frank Amato; Cheryl Barnard; Frances R. Boughey; Dave Lee Contino; Charles E. Munoz; and Maria Norris. Alccholic Alccholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Ambrosi&-Grand Teton Chalet Restaurants, Incorporated, doing business.as Arbresia, 695 Town Center Drive, Suite 180; Robertson Enterprises, Incorporated, doing business as California.Stop, 600 West 19th Street; and Yamama, Incorporated, doing business as Chalet Restaurant, 1969 Harbor Boulevard. Public Notice frau the Public Utilities Cammission that Utilities Southern California Gas Company has filed Application Cammission No. 87-12-057 containing its annual Reasonableness Review in accordance with Decision No. 83-02-076. Measure "C" Letter frau Mary Pearson, 1248 Belfast Avenue, Costa Funds Mesa, suggesting that Measure "C" funds be used to contract with the City of Irvine for animal shelter services. WARRANTS On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, Warrant Resolution 1383, including Pay - MOTION roll'8802, and Warrant Resolution 1384, were approved Warrants 1383 and by the following roll call vote: 1384 Approved AYES: COUNCIL MEMBERS: .Hall, Amburgey, Tbeeler, ,Hbrnbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, and carried 5-0, the claim fran. the Berg law cff ices: of Wendell W. Faile for Robert Berg was rej ected . Berg On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from the law offices cf Wendell W. Faile for Jana Berg was rejected. Cook On motion by, Council Member Buffa, seconded by Vice Mayor Amburgey, and carried 5-0, the claim frau Jeff Cock was rejected. Dowell On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, and carried 5-0, the claim fran_Richard Lee Dowell was rejected. Flowers On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, and carried 5-0, the claim frau`Attorniey Robert S. Kaplan for Carmichael Flowers was rejected. Johnson On motion by Council Member Buffa, seconded by Vice Mayor Amburgey,. and carried 5-0, the claim frau Howard Scott Johnson was rejected. Dan's Automotive/ On motion by Council Member Buffa, seconded by Vice Blackman Mayor Amburgey, and carried 5-0, the claim frau Rod Cunha, Dan's Automotive Service, Incorporated, concern- ing Bob Blackman was rejected. Dan's Automotive/ On motion by Council Member Buffa, seconded by Vice Jalet Mayor Amburgey, arra carried 5-0, the claim fran Rod Cunha, Dan's Automotive Service, Incorporated, concern- Design Traffic ing Jim Jalet was rejected. Worden On motion by Council Member Buffa, seconded by Vice at Harbor and Mayor Amburgey, and carried 5-0, the claim from Jill Hamilton/Bay Worde n was rejected. - ADMINISTRATIVE sign on behalf of the. City. The motion carried by the ACTIONS Bids received for Bid Item No. 781, Revision A; Exhibit Agreement Approved D, Revision A, Turf Maintenance Equipment (Two Rotary Bid Item 781, Mowers), are on file in the Clerk's office. On motion Rev. A; Exhibit D, by Council Member Buffa, seconded by Vice Mayor Rev. A, Two Rotary Amburgey, the contract was awarded to Pacific Equipment Mowers and Irrigation, Incorporated, 19515 East Walnut Drive Consortium North, City of Industry. The motion carried by the MOTION fbIlowing roll call vote: Awarded to Pacific AYES: COUNCIL MEMBERS: Hall, Amburgey, T,heeler, Equipment and Hornbuckle, Buffa Irrigation NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget AdjustmentOn motion by Council Member Buffa, seconded by Vice No. 88-81/Donald L. Mayor Amburgey, Budget Adjustment No. 88-81 for Dungan Library $71,000.00, tD complete construction items related to the Donald L. Dungan Library, was approved by the MOTION following roll call vote: Adjustment Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, ►nheeler, Hornbuckle, Buffa NOES COUNCIL. MEMBSRS : Dbne ABSENT: COUNCIL MEMBERS: None PA -85-21 The Directior of Public Services recommended refund of a Aiberici/Denver $5,000.00 cash deposit to Alberici/Denver, 25971 Pala Drive, Mission Viejo, since street improvements have Completion of been conpleted satisfactorily at the Residence Inn, Street Improvements 881 Baker Street, in connection with Planning Action PA -85-21. On motion by Council Member Buffa, seconded MOTION by Vice Mayor Amburgey, the refund was approved by the Refund Approved following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Vhieeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ASSENT: COUNCIL MEMBERS: None Agreement/Justin The Director of Public Services recommended approval of Farmer & Associates. an agreement with Justin.Farner and Associates, 207 South Brea Boulevard, Brea, for $8,084.00, to design Design Traffic traffic signal modi f icat ions at Harbor Boulevard and Signal Modifications Hamilton/Bay Streets. On motion by Council Member at Harbor and Buffa, seconded by Vice Mayor Amburgey, the agreement Hamilton/Bay was approved, and the Mayor and Clerk uere authorized to sign on behalf of the. City. The motion carried by the MOTION following roll call vote: Agreement Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Meeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/Planning The Assistant Development Services Director/Planning Consortium recommended approval of an agreement with Planning Consortium, 58 Plaza Square, Studio H, Orange, in an Environmental amount not to exceed $15,000.00, to provide environ - Review Services mental review services through May, 1988, on a F MOTION part-time basis. On motion by Council Member Buffa, Agreeirent'Approved seconded by Vice Mayor Amburgey, the agreement was approved, arra 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: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL. MEMBERS: None ABSENT: OOUNCIL'MEMBERS: None Agreanent/Davis The Assistant Development Services Director/Planning recanmended . approval of an agreement with Jeffrey Davis, 229 Preble Drive, Tustin, in an amount not to Planning Staff exceed $15,000.00, to provide planning staff support. Support On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, the agreement was approved, and the MOTION Mayor and Clerk 'were authorized to sign on behalf of Agreement Approved the City. The motion carried by the following roll call vote: AYES: OOUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "B" The Director. of Leisure Services recanmended approval Robert Clark Craves of Change Order "B" for $6,500.00 to the contract with Robert Clark Graves, Incorporated, 2192 Dupont Drive, Mesa Verde Locp Suite -No. 216, Irvine, for additional engineering Design' services required for the Mesa Verde Loop design. On motion by Council Member Buffa, seconded by Vice Mayor MOTION Amburgey, the change order was approved by the follow - Change Order ing roll call vote: Approved A)ES : COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ASSENT: - ODUNCIL -MEMBERS: None Notice of Completion. Bid Item No. 772, Demolish, Remove, arra Dispose of Bid Item No. 772, Various Structures, has been canpleted to the satisfac- Denollsh Structures -tion of the Director of Public Services by Pomona Valley Equipment Rental, Incorporated, 17301 Beach Boulevard, Pomona Valley Suite 'No. 8, Huntington Beach. On motion by Council Equipment Rental Member Buffa, seconded by Vice Mayor Amburgey, the work was accepted; the Clerk was authorized to file a Notice MOTION of Completion; authorization was given to release reten- Work Accepted tion funds immediately; and the Performance Bond and Labor and Material Bond were ordered exonerated seven rronths after the Notice of ' Canpletion has been filed. The motion carried by the following roll call vote: A)ES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference A motion was made by Council Member Buffa, seconded by Advances Vice Mayor Amburgey, to approve the following Confer- ence Advances: MOTION Advances Approved Conference Advance for $428.00 for a police officer to attend the Hanicide Investigation Conference in San Jose, February 29 to March 4, 1988; and Conference Advance for $420.48 for a police officer to attend Basic Hostage Negotiation School in Los Gatos, February 7 . to 11, 1988. The motion carried by the following roll call vote: ,6' 9 AYES: ODUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: ODUNCI L MEMBERS: None ABSENT: CDUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the titre and place set Concurrent Sale of for the public hearing to consider an ordinance repeal - Alcoholic Beverages ing the legislative prohibition of concurrent sale of and Motor Vehicle alcoholic beverages and motor vehicle fuel, and estab- Fuel fishing a procedure for regulation of such concurrent sales. Envirormental Detennination: Exempt. The Aff idavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director reported that the new ordinance has cane about because of recent State law. The City previously had an ordinance which prohibited the sale of alcoholic beverages where gasoline was dispensed. Current State legislation now prohibits cities frau having this type of regulation effective January 1, 1988. The proposed ordinance requires that a service station or mini -market that sells gasoline must have a Conditional Use Permit to sell alcoholic beverages. The ordinance es tab lishes requirements concerning the location of alcoholic beverages in the mini -market or store; no alcdlolic beverages may be sold through a drive-thru window; alcoholic beverages may not be displayed outdoors-, and they may not be displayed in open ice tubs or type of container where it would be very easy to remove a container of alcoholic beverage from the store and drive away in an automobile. It also place_ s regulations on a minimum age of 21 years old to sell beverages between 10:00 p.m. and 2:00 a.m. The ordinance also has a sunset clause which states that any business presently operating lawfully in the City shall canply with the new ordinance by January 1, 1990. Staff recamTended approval of the new ordinance since State law now pre-empts local control. Responding to a question frau Council Member Wheeler concerning the sale of cold beverages, the Director reported that the ordinance says that if a cold beverage is stored in a refrigerated unit, it must be at least fiva feet from a cash register, in fact, the ordinance actually states that no alcdzolic beverage may be displayed within five feet of the cash register or the front door unless it is in a cooler which was perma- nently affixed prior to January 1, 1988. Council Member Wheeler asked for clarification of the sunset clause. The Director referred to Section 13-879 which states that ary business now operating lawfully may continue to do so under the conditions of its present Conditional Use Permit; however, after January 1, 1990, such businesses shall also comply with all conditions set forth in Section 13-878. New Conditional Use Permits will not be required of those businesses now operating lawfully. Council Member Hornbuckle asked if a method has yet been devised to notify present businesses that they must conform to the new ordinance as of January 1, 1990. The Director responded that a system of notification has not been established; however, he suggested that a notice could be'encicsed with the business license renewal. Franklin Cole, 2482 Fairview Way, Costa Mesa, commented that he is aware that new State legislation pre-empts local , control; however, he could find no justification in allowing concurrent sale of alcoholic beverages and gasoline especially since great latitude has been given to law enforcement agencies to set up road blocks to apprehend intoxicated drivers. Sid Soffer, 900 Arbor'Street, Costa Mesa, was in favor of the new ordinance, There beim no other speakers, the Mayor closed the public hearing. MOTION A rmtion was made by Vice Mayor Amburgey, seconded by Ordinance 88-2 Council Member Vdheeler, to give first reading to Given First Ordinance 88-2, beim AN ORDINANCE OF THE CITY COUNCIL Reading OF THE CITY C' COSTA MESA, CALIFORNIA, REPEALING THE LEGISLATIVE PROHIBITION OF CONCURRENT SALES OF ALCO- HOLIC BEVERAGES AND MOTOR VEHICLE FUELS AND ESTABLISHING A PROCEDURE FOR REGULATION CF SUCH WNCURRENT SALES. Council Member.Hornbuckle stated that she would support the motion but only because the State has pre-empted the City's previous ordinance. 'She canrrented that the Conditional Use Permit requirement for new businesses did allow sone control by the City. Council Member Buffa opposed the motion because he was apposed to concurrent sales of "alcoholic beverages and gasoline. _ He also was cf -the cpinion that the Condi- tional Use Permit requirerrent did not give the City adequate control of these businesses. Council Member TAbeeler stated that if the Council did not adopt the ordinance, the City could be susceptible to lawsuits;. also, because of the recent State legis- lation, the City must amend its Code accordingly. The motion to give Ordinance 88-2 first reading carried by. the fallowing. roll call vote: AYES: COUNCIL MFMEERS: Hall, Amburgey, Meeler, Hornbuckle NOES : COUNCIL MEMBERS: Buf fa ABSENT: COUNCIL MEMBERS: None OLD. BUSINESS The Cleric presented fran the meeting of January 18, Measure "C" Street 1988, Measure "C" Street Maintenance 1987-88 (Partial Maintenance 1987-88 Reconstruction, Application of Hot Rubberized Asphalt Seal Coat with Chip Cover and Slurry Seal on Various Streets). Bids for this project are on file in the Clerk's office. The Director oE Public Services reported that this item was continued from the last rreeting in the hope that staff ;could'obtain information frau the Asphalt Insti- tute; however, he could not reach anyone at the State level who could provide the data he was requesting. A report should be available this week on previous work done in the City, and he is investigating the use of a consulting 'service to obtain experienced inspection services for the slurry seal arra clip coat work which will be done under:this contract. The Director recan- rrended awarding the contract this evening. Sid Soffer, 900: Arbor Street, Costa Mesa, spoke about the City's having separate accounts for improvements made with budgeted funds and those made with Measure "C" funds. MOTION On motion by Vice Mayor-Amburgey, seconded by Council Awarded to - Member Hornbuckle, the contract was awarded to Manhole Manhole Adjusting Adjusting Contractors, Incorporated, 2300 Greenwood Contractors Avenue, Monterey Park, for $899,772.35. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None R-87-11 The Clerk presented Ordinance 87-23 for second reading King/Abrams and adoption in connection with Rezone Petition R-87-11, J. A. King and Associates, Incorporated/Abrams Develop- rrent Company. Ordinance 87-23 changes the zoning of property at 1850 Waittier Avenue from MG to PIR -HD. The Development Services Director explained that second reading and adoption was held until a Land Use Restric- tion regarding the affordable unit requirement was recorded. Since the Land Use Restriction was submitted for recordation, staff recommended adoption of the ordinance. Council Member Wheeler epposed the rezone because of the high density and the amount of traffic which would be generated by the project. He stated that this rezone would set a bad precedent.for future development of the west side. Vice Mayor Amburgey stated that PDR -HD (Planned Develop- ment Residential - High Density) will generate less traffic than if the property were developed as an MG (Manufacturing General) use. He irentioned that the developer will be paying $95.00 per trip end for traffic improverrents. Council Member Hornbuckle opposed the rezone, stating that when first reading was given to the ordinance, she voted in favor of it and indicated at that time that she would not want to see wre than about 20 units per acre on that property. Since the site is being developed at a higher density, she could no longer support the zone charge. Council Member Hornbuckle commented that one reason for voting against the ordinance is because of the increased traffic, but more importantly, because she and the other Council Members have stated that they want single-family development and quality development in the community, and what is being proposed for this site is a high density apartment project in an inappropriate area. Roy Pizarek, 270 Del Mar Avenue, Costa Mesa, member of the Mesa West Hcxmecwners Association Board of Directors, opposed the rezone, stating that the homeowners prefer Rl zoning on the west side. Pat Dolan, 923 West 20th Street, Costa Mesa, President of the Mesa West Homeowners Association, reported that the as sociat ion opposes the high density proposed for the site arra supports single-family zoning. MOTION On motion by Council Member Buffa, seconded by Vice Ordinance 87-23 Mayor Amburgey, Ordinance 87-23, beim AN ORDINANCE OF Adopted THE CITY COUI-IL CF THE CITY CF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF 1850 MITTIER AVENUE FROM MG TO PDR -HD, was given second reading and adopted by the following roll call vote: AYES:. COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler, Hornbuckle ABSENT: COUNCIL MEMBERS: None R-87-13 On motion by.Council Member Wheeler, seconded by Council Pacific Building Member Buffa,- Ordinance 88-1, being PN ORDINANCE OF THE Concepts/Newport CITY COUXIL CF THE CITY CF COSTA MESA, CALIFORNIA, Harbor Builders CHANGING THE ZONING OF 276 AND 280 SANTA ISABEL AVENUE FROM Rl TO PIR -LD, in connection with Rezone Petition MOTION R-87-13, Pacific Building Concepts/Newport Harbor Ordinance 88-1 Builders, was given second reading and adopted by the Adopted following roll call vote: ' 'AYES: 00UI_IL MEMBERS: Hall, Amburgey, Meeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUI_IL MEMBERS: None Community The Cleric presented from the neeting of January 18, Improvement 1988, an ordinance for'increased Municipal Code Ordinance enforcement -for community improvement. The Development Services Director summarized staff's memorandum of January 28, 1988. The proposed ordinance specifically ,prohibits storage of trash, rubbish, junk, etc. on private property when such materials are open to view at street level from a street or adjoining property. At the meeting of January 18, staff was directed to modify the first draft of the ordinance addressing temporary storage of items which could be mistakenly considered trash or debris. The second draft provides for a 72 -hour period for temporary placement of items in public view which might be considered a viola- tion under the previous ordinance. The delay period will allow for certain deliveries and trash can place- rrent in residential front yards which is normally an acceptable practice. The second draft now has an exclu- sion for open storage of debris arra refuse resulting from an act ive lawf ul cons truct ion proj ect . Council Member Hornbuckle asked for clarification of the 72 -hour period. The Director responded that there was a concern expressed by sone of the Council that trash can placements, construction materials, and appliances or furniture which have been delivered may be mistakingly taken„ as debris; however, it is staff's policy to first issue a violation notice and return later to issue a citation if the situation has not been corrected. In view of the Director's information, Council Members Hornbuckle and Amburgey saw no need for the 72 -hour period fDr temporary placement. Melinda Cotton, Post Office Box 3310, Long Beach, owner of two properties within the City, suggested prohibiting storage of camper shells in driveways if they were not attached to a vehicle. Council Member Hornbuckle asked if the City had any regulations concerning camper shells. The Director responded that there is no current City Code that would prohibit anyone from taking a camper shell off a vehicle arch storing it in a driveway. Roy Pizarek, 270 Del Mar Avenue, Costa Mesa, was in favor - of the new regulations, and reporters that several west side homeowners would like to work with the City in cleaning up the community. ' Arthur Rahmani,Post Office Box 1246, Manhattan Beach, owner of prcperty' in Costa Mesa, and Don Hunter, 1666 Newport Boulevard, Costa Mesa, also spoke in support of the ordinance. Sid Sof fer, 900 Arbor Street, Costa Mesa, expressed his opinion that the ordinance is not legal as written. MOTION A motion was made by Vice Mayor Amburgey, seconded by Ordinance 88-3 Council Member Hornbuckle, to give first reading to Given. First Ordinance 88-3, being AN ORDIMNCE CF THE CITY COUNCIL Reading CF THE CITY CF OCSTA Mi -SA, CALIFORNIA, ADDING CHAPTER III V2 COMMUNITY IMPROVEMENT TO TITLE 11 OF THE COSTA MESA MUNICIPAL CODE, deleting Subsection (a) of Section 11-57 which provided for a 72 -hour period for temporary placement cf items in public view. Council Member Wheeler opposed the motion because of the deletion of Subsection (a) of Section 11-57. He stated that the proposed ordinance is overbroad because it would . make it illegal to set trash out at the curbside for pickup the next morning. It would also make it illegal for a person to take delivery of an appliance that would be set in the front yard. Council Member Wheeler canmanted that Council cannot foresee how future code enforcement will be conducted, and that there is a possibility that the ordinance could be so selectively enforced in its .application so as to be unconstitu- tional. nconstitu- tional. Council Member Buffa stated that Council must have more faith in staff. He did not believe a Code Enforcement Officer would cite people for putting cut their trash for pick-up. He expressed his support cf the ordinance, and canmented that Coda Enforcement is in need cf addi- tional personnel. The motion to give first reading to Ordinance 88-3 carried by the fallowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented Planning Action PA -87-212 arra Tenta- tive Map for Tract No. 13348, Fairview Management PA -87-212 and Company, 2520 Merrimac Way, Costa Mesa, authorized agent Tentative Map . for for the State of California, for a Development Plan to Tract No. 13348 construct 22 single-family homes, including 8 intermedi- Fairview Management/ ate care facilities in conjunction with a one -lot State of California tentative tract map for property at 2501 Harbor Boule- vard in a PER -HD zone. Environmental Determination: Environmental Impact Report No. 1023 which was certified in 1985. The Development Services Director summarized the Staff Report. The Planning Cammission recommended approval subject to conditions contained in the Staff Report with deletion of Condition of Approval No. 7 and Ordinance Provision No. 3. Condition cf Approval No. 7 was deleted because it was written for condominiums or housing for sale; however, the proposed homes will be rentals. Ordinance Provision No. 3 was deleted because it was listed in error. The Director reported that it is necessary for Council to find that EIR No. 1023 adequately addresses the proposed 22 units. Merrill Butler, representing Fairview Management Canpany, reported that eight units will be used as intermediate care facilities designed for transition patients who have been released frau the .hospital and are ready to enter the community. The remaining 14 units will be rented to hospital personnel, and subsequent priority shall be for people employed in the City with incomes 1 not to Exceed 80 percent of the County median income. He -pointed out that the proposed density is six units per acre, yell below the density allowed in the PDR -HD zone. Sid Soffer, 900 Arbor Street, Costa Mesa, made a comment regarding .the State's taking this property by eminent domain for. hospital' use, arra since the subject site is no longer being used for that purpose, the land should be returned to the people who were forced to give it up. MDTION A motion was made by Council Member Buffa, seconded by PA -87.212 and Council Member Hornbuckle, finding that previous EIR Tentative Tract No. 1023 adequately addresses this revision to the Map 13348 overall Development Plan, approving Planning Action Approved PA -87-212 arra Tentative Tract Map No. 13348, based on the Planning staff's analysis and findings; subject to conditions contained in the Planning Staff Report with deletion of Condition cf Approval No. 7 and Ordinance Provision No. 3. Responding to .a question from Council Member Hornbuckle, the Public Services Director reported that the applicant Will be assessed trip charges at the current rate of $95.00 per trip. Council Member Wheeler expressed his support for Plan- ning Action PA -87-212 because it does reduce the density on the site; however, he did not agree that the original EIR adequately addresses this revision because as he recalled, he did not support certifying the original document because it did not consider the incremental traffic increases much beyond the immediate area of the project. He concluded by stating that since he believed the EIR was inadequate at the outset, he could not support the motion as stated even though he liked the project. The motion for approval carried 4-1, tnheeler voting no. Traffic Fee The Clerk presented a proposal frau Council Member Increase Wheeler to raise the North Costa Mesa traffic trip fee. The Development Services Director referred to his memorardum dated January 28, 1988, and reported that the first draft of the funding and financing plan pre- pared .by the City's consultant identified a deficiency betva-,en projected costs for North Costa Mesa circula- tion improvements and the projected trip fees collected for new development. At the `current trip end fee of $95.00, the City cannot pay for the total North Costa Mesa system improvements which are estimated_to be $97.5 million. The consultant divided the cost of $97.5 million for improvements and a fire station by the projected number of trip ends arra feels that a trip end fee of $667.90 would be appropriate. The Director stated that the consultant made three recommendations for Council to consider in order to finance necessary circulation improvements: 1. Immediate increase in traffic mitigation trip 'fees. 2. Initiation of a Bridge and Major Thoroughfare District to supplant the traffic mitigation fee. 3. Commencement cf proceedings to form a Community Facilities District. Council Member Hornbuckle asked the Director to briefly elaborate on the Bridge ,and Major Thoroughfare District and how it relates to the Caumunity Facilities District. The DirectDr explained that the Bridge and Major Thoroughfare District is allowed under State statutes to go into "ef fect for a wide range of properties. A defined area is selected, the fee is implemented, and the City may then collect the fee at any tirre there is a request fDr a building permit within that area. This differs from a trip fee because trip fees are merely mitigation measures which maybe implemented for projects which require envirornrental reviews. Convert- ing over.to a Canmunity Facilities District is another mechanism for private property owners to finance the trip fee. When the time canes for a developer to pay a one-time fee at building permit issuance, the Mello Roos Canmunity Facilities District would allow that property owner to finance over a longer term at very favorable interest rates, and the City may then construct the improvements for them. Malcolm Ross, C.. J. Segerstran. and Sons, 3315 Fairview Road,.Costa Mesa, requested that this item and New Business Item No. , 5 be considered at the same time because the two iters are closely related. The Mayor responded that after careful consideration, the Council decided that these items should be discussed separately. Council Member Wheeler canmended Vice Mayor Amburgey for his leadership by formulating a program whereby the City could obtain Federal and State funding to subsidize sone of the casts. Mayor Hall rea=l the suggested policy which the Council is cons icbring for, adoption. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, asked fnr c larif icat ion of the proposed fee program. The Mayor explained how the proposed trip end fee was determined, and advised him of the studies on which the calculations were based. MDTION A motion was made by.Council Member Wheeler, seconded by Authorized .Bridge Council Member Hornbuckle, directing staff to initiate and Thoroughfare a Bridge and Major Thoroughfare District to supplant the District; . , tra€fi_c mitigation fee, arra adopting Resolution 88-10, Resolution 88-10 being A RESOLUTION CF THE CITY COUNCIL CF THE CITY OF Adapted COSTA:. MESA, CALIFORNIA, ESTABLISHING A POLICY FOR TRAFFIC IMPACT FEES AND FUNDING MECHANISMS, setting the traffic impact fee at $668.00 per trip errs, and adopting the fpllowing polis' 1. This. policy shall be implemented after the follow- `ing canprehensive studies- have been canpleted by staff: a. Staff shall cb tenni ne -all proposed improve- irents or percentages thereof that are regional in scope, particularly with respect to the 405 and 73 Freeways. b. Staff shall cb tennine all improvements or percentages thereof which are local in scope. c.. Staff shall then determine what improvements or percentages thereof are made necessary because of existing, cbvelcpment. d...- Staff%�shall then -determine what improvements or percentages 'thereof are made necessary by future development. e. Staff shall then identify all available sources of funding for the needed regional and local projects, :including, but not'limited .to, Federal -funds, State funds, County funds, JPAs, City general funds or Cann limit monies, assessment districts, consisting of existing development and Mello Roos districts for pro- posed new development. f. Staff shall then match all available funding sources to all needed projects to fairly apportion.ccsts. g. Staff shall then develep a conprehens ive program to utilize all available funding sources to finance projects that have been matched with those sources. 2. Prior to establishing the -.proportion of the trip end charge of $66 8.0 0 t o be paid by new develop- ment, staff shall exhaust all other available alternative sources of funding, including, but not limited to, Federal funds, State funds, County funds., JPAs, City; general funds, or Cann limit monies, and shall prepare and present to the City Council, assessment districts for existing development and Mello Rocs districts for future develcpirent.. 3. In the meantime, staff shall condition discre- tionary approvals of new development as follows: Developer shall pay a maximum trip generation fee of $668.00 per trip end for all traffic improve- ments. This fee shall - be reduced by Federal, .State, County, JPA, or City contributions in accordance with . the adopted policy statement. It may also be satisfied by the developer entering assessment or Mello Roos districts or development agreements providing for the equivalent monies. The motioncarried by the fiollowing roll call vote: A)ES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nine ABSENT: COUW_IL MEMBERS: None RECESS The Mayor declared a recess at 8:25 p.m., and the met- ing reconvened at 8:35 p.m. Cc muhity The Cleric presented a -request from the City Manager to Development form a Community Develepment Ad Hoc Canmittee. Ad Hoc Canmittee The City Manager summarized his memorandum dated Febru- ary 1, 1988, reporting that the Department of Housing and Urban Development (HUD) requires formation of an ad hoc. canndtee each year to evaluate applications and make reconmendations for use of Community Development Block Grant funds. The amount available for fiscal year 1988-89 is $787,200.00. Staff proposes to send letters to past canndttee members and other interested citizens to ascertain their interest in serving on the cammittee. MOTION On motion by Council Member Hornbuckle, seconded by Ad Hoc Canmittee Council Member,Wheeler, and carried 5-0, the City Authorized Manager was authorized to solicit applicants to serve on an ad.hoc committee -to review the City's 1988-89 Community Development Block Grant allocations. Uses in Fairview The Clerk presented recamrendations from the Fairview Park: Model Park Citizens Corm dttee for use of portions of Fairview Railroad and Park by -the Orange -County Model Engineers for a scale Hang Gliding model. railroad, arra by the Orange County Hang Gliding Association. ... - The Director of _.Leisure Services gave a slide presenta- tion of the park's Master Plan which has been approved by.the State. He pointed cut the areas of the park where the uses will be located if the requests were approved. He reported that the conmittee recommended approval of both -uses as long as a 30 -day cancellation clause is included in the agreement with each organiza- tion. The committee is merely requesting Council's conceptual approval at -this time. The Harp Gliding Association would use the southwest area of the park fDr practice only, and flying would not exceed 50 feet. The Director slowed the eastern portion of the park where the scale model railroad would be located. The Orange County Model Engineers have requested that the City provide a temporary -parking lot, a water source, an electrical source, and rough grading for a six-foot right-of-way. Operation of the railroad would be on weekends arra rides would be given one or two days a month ` bo those people -in .the park. The Director men- tioned that water and power must be brought into that area of the park eventually. Dick- .Mehren, 1824 Kinglet Court, Costa Mesa, Chairman cf the Fairview Park Citizens Committee, reported that when the proposal for the model train was first brought before the committee, there was a great deal of nega- tive thought by .the members. After being assured that the cam ' ttee would have ample control of what would be done at the site, .the committee was more agreeable to allowing this use. Council Member Hornbuckle asked what the cost would be for the improveirents requested for the railroad. The Director of Leisure Services estimated the cost at $8,000.00 to $8,500.00, and again mentioned that water and power would have to be brought into that portion of the park eventually., MOTION A notion was made by Council Member Buf fa, seconded by Both Uses Approved Council Member Fbrnbuckle, approving in concept the in Concept proposed uses by the Hang Gliding Association and the Orange County Model Engineers, stipulating that Council will await further recommendations from the canmittee, and detailed agreements with both groups, with the understarding that in the case of the hang gliders, they must arrange a joint demonstration on a weekend when remote control gliders are there to determine if every- one can peacefully co -exist. Council Member Wheeler, Council representative on the com Lttee, reported that he observed that committee members were very reluctant to say "no" to the model railroad applicant. He stated that he could not support the motion because he believed the majority of the cammi.ttee members felt the model railroad would be detrimental. Council- Member Wheeler's concept of the area is for a wilderness park with the very least level 1 of development possible, and he believed that was the concept of most cf the members of the committee and the community. Council Members Amburgey, Buf fa, and Hornbuckle were of the opinion that the miniature railroad would not be detrimental to preserving the.park's wilderness areas. The motion bo approve the uses in concept carried 4-1, Council Member Wheeler voting no. North Costa Mesa The Clerk .presented the North Costa Mesa Financing Financing Program Program. The City Manager referred -to his memorandum dated January 29, 1988, which discusses material presented to the City Council at the special Study Session of January 25,:l98& As directed by Council at the Study Session, three recanrrendations have been proposed by staff and the City Managersummarized each of them: 1. Direct staff to initiate proceedings for creation of -a Community Facilities District. As discussed earlier under New Business Item No. 2, this dis- trict is a nethod of financing the enormous projects in the north end of the City. 2. Establish boundaries for the proposed district if approved._ The I-405 Access Study and the North Costa Mesa Arterial Study generally identi- fied traffic improvements required in the area bordered by Baker Street, the northerly City limits, the Santa Alia River, and Route 55. There was some question as to whether or not the Bristol .Street Corridor (or that area essentially from the 405 Freeway to the 55 Freeway and bordered by the 73 Freeway, -to the mut hwes.t) should be included as part of the.assessment process. At this time, staff believes a3ditional. traffic studies should be done in that area; therefore, staff is request- ing Council's conceptual approval of the study area utilized for the 1-405 Access Study and the North Costa Mesa Arterial Study, and direction to proceed with necessary .traffic studies to decide whether:or not the Bristol Corridor South should be included. 3. Authorize a contract.change order not to exceed $10,000.00 with IWA Traffic Engineers for a traffic generation analysis. The City Manager eamTented. on discussions held during two of the Study Sessions concerning the need to do an independent traffic analysis for each of the four major davelcpments north of the 405 Freeway to identify projected trip generations. There are well-founded concerns that separation between regional traffic .needs, existing traffic needs, and the traffic (pnerated .by those new develop- rrents be separated both in terms of improvements required and financing of those improvements. Staff agrees that this type of traffic analysis is needed. The change order also includes a traffic analysis for the area described in Recemmndation No. 2, that is, the -land bordered by Baker Street, the 55 Freeway, and the 73 Freeway. In conclusion, the City Manager stated that if Council finds these reconmendations acceptable, staff and the developers should meet as soon as possible to develop a 37 comprehensive program which Council can consider in the near future, combining thetrip fees and funding frau other sources. During discussion, Council Member Wheeler asked why staf f did not recommend d a, traff is analysis for each of the flour major: devel.cpers until, a request was received frau Arnel Development Company. The City Manager responded that the .reason staff did not make that recanmendation earlier is because Council directed that staff initiate an investigation for a Mello' Roos or Community Facilities District to finance the total ccst dt all transportation improvements in the north end of the City -based upon trips generated by the four major developments. He stated that if Council were interested. only in.funding.those improvements with the trip fee, Mello Rocs, or. a Community Facilities District, then the additional traffic analysis would be unnecessary;. however, he believed that Council has indicated that they are interested in looking at other possible funding in addition to those methods, and if that. "is the case,.there is a need to do an analysis of the traffic generated by each project. Council_=Member Wheeler was of the opinion that the City should not pay for a traffic analysis for each of the four major projects because he felt the study would be 'used .by the developers as evidence against the City's plan 3o secure full financing for all the improvements. Council_: Member. Buffa believed it was important to deter- mine what is regional and:. what is local traffic in order to obtain all available financing. Scott Williams, 34.6.5 Santa Clara Circle, Costa Mesa, asked ,for ..c]arifica.tion cf, the various studies that have been initiated by the City and the trip end fee calculations. .,.The City Manager arra Mayor explained these 'items .to. Mr. Williams. John, Feeney,., 1154. Dorset -Lane, Costa Mesa, stated it was difficult to understand the funding programs. He was concerned about single-family homes being removed to make way :for the North Costa Mesa improvements. The Public Services. Director responded that no hones will be taken in the North Costa Mesa Study Area; however, some may be lost, for the Baker Street widening between Bristol and Bear Streets.. The Mayor pointed out that the Baker Street widening is a canpletely different project and that, street must be widened eventually. Sid Sof fet, 900 Arbor Street, Costa Mesa, canmented that no matter how the. funds are obtained, the public will pay in, the .end. Max Naridoni, Transpacific -Development Company, 535 Anton Boulevard, Costa Mesa, was pleased to see that the program has cane ;forward. He asked if the additional traffic analysis ..will indicate what traffic is being generated by the existing office arra commercial uses. The Public Services Director responded that the initial study did have base numbers for existing development. Mr. Nartdoni ccmnented .that if those numbers are avail- able, fine; however, if they are not, those cumbers should be identified in future studies. Council Member Wheeler canmended Mr. Nardoni for his work,in attempting to get this program underway. MOTION On.motion ty Council .Member Buffa, seconded by Council Authorized Initia- Member Hornbuckle., and carried 5-0, staff was directed tion cf Community to initiate, proceedings for the creation of a Community Facilities District Facilities District. MOTION A motion was made by Council _Member Buffa, seconded by Boundaries Council Member Hornbuckle-, to establish the boundaries Established for the proposed district -'to be that area described in the City Manager's memorandum of January 29, 1988, Page 2, Item 2: Baker Street 'to the south, the 55 Freeway to the east, the northerly City limits to the north, and the Santa Ana- River to- the west. Council Member Meeler opposed the motion because he did not believe it necessary to include all of the land between Baker Street and the 405 Freeway since most of that land has been developed .as single-family resi- dences.. He could see no -reason for putting a burden on residential.prcperty owners. He believed that the area that should. be. - paying for the improvenents is the area that will obtain the. greatest benefit, that is, the area north of the 405 Freeway. Council Member Hornbuckle commented that Council never intended to include the existing residential properties in any payment cf fees in this district, and that has been the understanding from the very beginning. She believed the. area .down to Baker Street should be included in the district because there are some road improvements which need ;to be made in that area. Council Member Buffa confirmed that it never was the Council's intent to assess existing residential prop- erties. AMENEED MOTION Council Member Buffa anended his motion by adding the Exempted Existing stipulation that existing developed residential prop - Residential ties in the district. are exempt frau fees. The amended Properties motion was seconded by Council Member Hornbuckle, and carried 5-0 MOTION A motion was made by -Council -Member Buffa, seconded by Change Order with Council Member Hornbuckle,. authorizing a contract IWA Approved change order not to exceed $10,000.00 with IWA Traffic Engineers for a, traff is generation analysis as defined in the City. Manager's memorandum dated January.29, 1988. Council Member Meeler.cpposed the motion for the same reason he gave earlier,-- that is, -..he objected to the City's expending funds to gather evidence to be used against the City in its attempt to extract the full amount of payments necessary to construct the needed improvements.. The motion carried 4-1, Tnheeler voting no. Final Map for Item 12 on the Consent Calendar vas presented: Final Tract No.- 13041 Map f?r Tract No.. 13041, Ronald Amburgey, Andres Carich, Amburgey/Carich/ Van Elliott, and Robert -Tripp, -135 Canmercial Way, Elliott/Tripp develc'pers; one,lot, 1.20 acres, located at 726-734 West Wilson Street. Vice Mayor Amburgey.announced that his son is one of the developers of the tract, and even though there would not be a conflict of interest: if he .voted on this item, he preferred to abstain. MOTION On motion by Council Member Buffa, seconded by Council Map Approved Member Wheeler, the map . vias approved; the Council did 374, At the present time, one new employee, Carol Jacobs, operates the system in the Council Chambers, and four student General Aides have -.been hired to assist her. The Manager stated that if ,it is. -the Council's desire to televise all neetings inumdiately, then it will be necessary to employ additional experienced staff. He recammanded that televising start slowly until enough experienced. part-tirre personnel can be hired to man the systen and produce quality vork. - M)TION accept on behalf of the public the dedication of Wilson Directed Cable- Street fibr street purposes; did also accept on behalf of casting Planning the public the ingress/egress easement over Lot 1 for Cammission Meetings eirergency and security vehicle purposes as dedicated; As Soon As Passible did also approve said map pursuant to the provisions of Section 66436 (a) (3) (A) of. the Subdivision Map Act; and the Clerk. vias authorized to sign said map on behalf . of the City.. The motion carried by the following roll call vote: AYES: -COUNCIL MEMBERS: Hall, Wieeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS.: None ABSENT: COUNCIL MEMBERS: None ABSTAIN:-- COUNCIL MEMBERS : _ Amburgey CITY ATTORNEY REPORTS The City Attorney requested approval of a recamnendation from the Assistant City Attorney regarding pending liti- Clased Session gation.--Because Council Member Wheeler asked for more Scheduled information, the Mayor announced that this item would be discussed in .cicsed..session .after the end of regular business. CITY MANAGER The City Manager presented his rest for policy direc- REPORTS tion regarding .cablecasting public greetings. Cablecasting The City Manager referred to his memorandum dated Janu- Public Meetings ary 28, 1988, virich states that rreetings of the City Council, Planning Commission, Redevelopment Agency, and Traffic. Commission are regularly scheduled for the Council Chambers.. Of .these., the Council meetings have been televised. There are several citizens committees conducting. rreetings in City- Hall, but not in the Chambers. At the present time, one new employee, Carol Jacobs, operates the system in the Council Chambers, and four student General Aides have -.been hired to assist her. The Manager stated that if ,it is. -the Council's desire to televise all neetings inumdiately, then it will be necessary to employ additional experienced staff. He recammanded that televising start slowly until enough experienced. part-tirre personnel can be hired to man the systen and produce quality vork. - M)TION Council.Member Ibrnbuckle mads a motion, seconded by Directed Cable- Vice Mayor Amburgey, to proceed with cablecasting the casting Planning Planning Canrrdssion greetings as soon as passible, adding Cammission Meetings the Traffic Commission and Redevelopment Agency meetings As Soon As Passible when they can be.worked into the schedule. Council Member.Buffa supported the motion and offered a suggestion that .Council establish a policy: At the end of Council and Canmission broadcasts, display a card vhich states, "Dear Costa Mesan, we would like your opinion on this broadcast,. and whether or not other City Hall activities should be broadcast". He commented that if at the end cE .12 months only a few cards are received, it would be. a .good - i ndicat ion how many people are watching and if it.would be viable to cablecast additional greetings. Council Member Wheeler asked for clarification of the motion, that.. is, how soon will Traffic Commission and Redevelopment -Agency meetings be aired. Council Member Hornbuckle responded that it was her intention to have those meetings televised as soon as. staff feels they can adequately cover those greetings. F_j 37 Council Member Wheeler was concerned that Traffic Cammission and Redevelopment Agency meetings may not be televised for some time because staff is extremely busy. He suggested processing a budget adjustment to add additional staff in order to televise those meetings. AMENDED. MOTION Council Menber Hornbuckle anended her notion by direct - Directed Additonal ing that the Traffic Commission and Redevelopment Agency Two Meeting be meetings shall be televised .within six months; however, Televised within she did not include adding another staff member. She Six Months believed that present personnel could take care of the two additional greetings within six rronths. The amended motion was seconded by Vice Mayor Amburgey, and carried 5-0. ORAL Kirk Russell, 316 Hamilton.Street, Costa Mesa, spoke COMMUNICATIONS about Rezone R-,tition R-87-09 v�hich was approved by Council for property at Thurin Street and Doctors R-87-09 Circle. He stated that it was the neighbors' impression Project at Thurin that this would be a lea impact project. Mr. Russell Street and Ibctors reported that originally, he was told that there would Circle be 22 units maximum.- He has since been advised by the Planning Division that there will be 25 three-bedroom units. Mr. Russell was concerned because presently there is -very little off-site parking in the area. The Mayor directed the Development Services Director to investigate this matterand to submit a report to the Council" with, a copy. ao Mr. Russell. Mesa Pride Edward Glasgow, 2395 Fordham Dive, Costa Mesa, Chairman of an organization called Mesa Pride, reported that this association was active in attempting to get Measure "C" passed. He also reported that Mesa Pride has pledged $2,500.00 ib the transportation: improvement competition. Ordinance 88-3 Sid Soffer, .90.0 Arbor" Street, referred to community Camumulity improvement Ordinance 883 which was given first reading Improvement earlier in- the. meeting. He cited a 1920 Supreme Court Case, Yates vs. Milwaukee, alleging that the City cannot declare something a, •nuisance, unless it is, in fact, a nuisance.- He asked that.the City Attorney research the above referenced case. COUNCI LMM IC COMMENTS Council Member",Hornbuckle.annainced that the Senior Citizens Variety Show -Ahich was held on January 13, Senior Citizens 1988,.will be - televised .Wednesday, February 3, at Variety Show 7:30 p.m.,.and Thursday, February 4, at 3:15 p.m. ADJOURNMENT TO At 10.:45 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room to discuss pending litigation.. No action was taken. ADJOURNMENT The Mayor declared the ire urned at 11:05 p.m. Mayor of the City of Costa Mesa ATTEST: ". C ty Clerk".cf the City of Costa Mes