HomeMy WebLinkAbout05/16/1988 - City Councill�
REGUTAR MEETING CF THE CITY COUNCIL
CITY CF COSTA MESA
MAY 16,, 1988
The City Council of the City of Costa Mesa, California,
net in regular session May 16, 1988, at 6:30 p.m., in
the Council Chambers of :City Hall, 77 Fair Drive, Costa
Mesa. The neeting was called to order by the Mayor,
follaaed by the Pledge of Allegiance to the Flag, and
Invocation by the Reverend Kenneth Dutro, Newport -Mesa
Christian Center, Southern California College.
ROLL CALL Council Members Present: Hall, Amburgey, Vhieeler,
Hornbuckle, Buffa
Council Members Absent: Nene
Officials Present: City Manager, City Attorney,
Development Services Director,
Public Services Director, City
Clerk
MINUTES On motion by Council Member Buffa, seconded by Council
May 2, 1988 Member Wheeler, and carried 5-0, the minutes of the
regular neeting of May 2, 1988, were approved as
distributed.
OWIM%NCES A notion was made by Council Member Hornbuckle, seconded
by Council Member Buffa, and carried 5-0, to read all
ordinances by title only.
PRESENTATION Carolyn King, instructor, Costa Mesa High School Tall
Flag Tean, presented a picture of the team to Council
Costa Mesa High and thanked them for their support. She then mentioned
School Tall the various awards which the team has won in competi-
Flag Team tions.
ANNOUNCEMENT Mayor Hall announced that Chancellor Brownell, Coast
Cam -amity. College District, has requested a continuance
for Public Hearing No. 3.
CONSENT CALENMR The following item was removed from the Consent Calendar:
Item 7, Change Order "D" to the contract with Dokken
Engineering in connection with the widening of the
Fairview Road Overcressing at the I-405 Freeway.
On motion by Council Member Buffa, seconded by Vice
Mayor Amburgey, the ranaining Consent Calendar items
were approved in one motion by the following roll call
vote:
AYES: COUNCIL MEMBERS: Hall, Amburgey, Uieeler,
Hornbuckle, Buffa
NOES: _ CDUNCI L MEMBERS: Ibne
ABSENT: COUNCIL MEMBERS: None
READING FOLIER On motion by Council Member Buffa, seconded by Vice
Mayor Arburgey, and carried 5-0, the fallowing Reading
Folder items were received and processed:
Claims Claims received by the City Clerk: Edison Mays; Jack
and Wanda Fitzpatrick, doing business as Fitzpatrick
Enterprises; David I. Tnhite; Barbara Schwinn; Randall
Frank. Petraglia; and Kristy Romanosky.
Alccholic Alcoholic Beverage License applications for which
Beverage parking has been approved by the Planning staff:
Licenses Florida J. Bowen and Robert F. Jackson doing business
as Bowen -Jackson Enterprises, 88 Fair Drive, No. 101.
4,95
SET FOR PUBLIC
HEARING
Landscaping Assess-
ment District 1
Tracts. 9901 arra
12 011
MOTION
Resolution 88-32
Adopted/Hearing
Set
On motion by Council Member Buffa, seconded by Vice
Mayor Amburgey, Resolution 88-32, being A RESOLUTION OF
THE CITY COUNCIL CF THE CITY CF COSTA MESA, CALIFORNIA,
DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
DURING FISCAL YEAR 1988-89 WITHIN THE CITY OF COSTA MESA
LANESCAPING ASSESSMENT DISTRICT NUMBER 1, Tracts 9901
and 12011, located south of Sunflower Avenue and east of
Smalley.Road, setting a public hearing on June 6, 1988,
at 6:30,p.m., was adopted by the following roll call
vote:
AYES: COUNCIL MEMBERS.:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Hall, Amburgey, Vheeler,
Hornbuckle, Buffa
None
None
Landscaping Assess- On motion by Council Member Buffa, seconded by Vice
trent District 2,
Mayor Amburgey, Resolution 88-33, being A RESOLUTION OF
Tract 10513
THE CITY COUNCIL CF THE CITY CF COSTA MESA, CALIFORNIA,
DECIARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
MOTION
DURING.FISCAL ]EAR 1988-89 WITHIN THE CITY OF COSTA MESA
Resolution 88-33
LANDSCAPING ASSESSMENT DISTRICT NUMBER 2, Tract 10513,
Adcpted/Hearing
located west of Bear Street and north of Route 73,
Set
setting a public hearing on June 6, 1988, at 6:30 p.m.,
was adopted by the following roll call vote:
NOTION
AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler,
Awarded to Warren,
Hornbuckle, Buffa
McVeigh and
NOES: COUNCIL MEMBERS: None
Griffin
ABSENT: COUNCIL MEMBERS: None
W�T
On motion by Council Member Buffa, seconded by Vice
Mayor Amburgey, Warrant Resolution 1394, including
MOTION
Payroll 8809, was approved by the following roll call
Warrant 1394
vote:
Approved
AYES: COUNCIL MEMBERS: Hall, Amburgey, Vheeler,
Hornbuckle, 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 from Jose
Covarrubias Covarrubias was rejected.
Jacobs On motion by Council Member Buffa, seconded by Vice
Mayor Amburgey, and carried 5-0, the claim from Mercury
Insurance for. Jeannette Jabobs was rejected.
ADMINISTRATIVE
Bids received for Bid Item 786, Consulting Services to
ACTIONS
Conduct a Review of the City's Risk Management Program,
are on file in the Clerk's office. On motion by Council
Bid Item. No. 786
Member Buffa, seconded by Vice Mayor Amburgey, the con. -
Review of City's
tract was -awarded to Warren, McVeigh and Griffin, Incor-
Risk Management
porated, 1420 Bristol Street North, Suite 220, Newport
Program
Beach, for an amount not to exceed $8,500.00. The
notion carried by the following roll call vote:
NOTION
AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler,
Awarded to Warren,
Hornbuckle, Buffa
McVeigh and
NOES: COUNCIL MEMBERS: None
Griffin
ABSENT: COUNCIL MEMBERS: None
Traffic Signals Bids received for Modi f icat ion of Traffic Signals at
Construction at Placentia Avenue and Wilson/Victoria/19th/18th/17th/16th
Placentia Avenue Streets are on file in the Clerk's office. On motion by
at Various Council Member Buffa, seconded by Vice Mayor Amburgey,
Streets the contract vans awarded to Raynor Electric Company, 315
San Gabriel Boulevard, San Gabriel, for $189,987.00.
MOTION The motion carried by the faollowing roll call vote:
Awarded to Raymor AYES: COUNCIL MEMBERS: Hall, Amburgey, Oieeler,
Electric Hornbuckle, Buffa
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
1
Parking Prohibition On motion by Council Member Buffa, seconded by Vice
for Street Sweeping. Mayor Amburgey, Resolution 88-34, being A RESOLUTION OF
THE' CITY COUNCIL CF --THE CITY OF -COSTA MESA, CALIFORNIA,.
MDTION PROHIBITING PARKING ON A PORTION OF VARIOiS STREETS FOR
Resolution 88-34 THE PURPOSE CF STREET SI?EEPING, was adopted by the
Adopted following roll call vote:
AYES: COUNCIL MEMBERS:. Hall, Amburgey,, Wheeler,
Hornbuckle, Buffa
NOES: WUNCI L MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Notice of" Canpletion Construction of Golf Course Bike Trail, Golf Course
JerYy Cress Paving Drive to, plus/minus 800 feet east, has been canpleted to
the satisfaction of the"Director of Public Services by
Golf Course Bike Jerry ;Cress Paving, Incorporated, 777 West 19th Street,
Trail. Suite H, Costa Mesa. On motion by Council Member Buffa,
seconded by Vice Mayor Amburgey', the work was accepted;
MDTION the Clerk was authorized to file a Notice of Canpletion;
Work Accepted authorization was .given to release retention funds 35
days thereafter; the Labor and Material Bond was ordered
exonerated 7 nonths thereafter;. --and the Performance Bond
was ordered exonerated 12 imnths thereafter. The motion
carried try the fDllcwing roll -call vote:
AYES: ODUNCIL MEMBERS:' Hall, Amburgey, Vhieeler,
Hornbuckle, Buffa
NOES: - cbUNCI L MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Interim Housing
Element/General On motion by Council Manber'Buffa, seconded by Vice
Plan Mayor Amburgey, and carried.5-0, staff was directed to
initiate 'a public hearing' to consider adopting an
MOTIOWStaff to interim/revised Housing Element fDr the General Plan
Initiate Hearing . when staff is prepared to proceed.
PUBLIC HEARING The Clerk announced that' this was the time and place set
Appeal ZE-84-157A3 for the. public hearing iso .,consider an appeal of the
Federal • Sign/ Planning, Canmission's`decision concerning approval of
.Security Pacific/ Zone.' Exception- ZE=84-157A3 frau Dick Robillard, Federal
Cerci -England- - Shan/QRS, 3210 Croddy Way, Santa Ana, authorized agent
for Security Pacific National_ Bank, .600 Wilshire Boule-
vard, Los -Angeles, and Curci-England Canpany, c/o Trans-
pacific Developrent' Canpany, 2377 Crenshaw Boulevard,
Torrance, for an amendment to.a Planned Signing Program,
located'at 555 Anton Boulevard in a PDC zone. Environ-
mental Detennination:'I Exempt. The Affidavit of Mailing
is on file in the Clerk's office.
A le'tte'r has b'ee'n receWed- fran' Dick Robillard,' Federal
Sign/QRS, requesting a continuance to July 18,'1988.
Mayor :Hall asked"if anyone in the audience wished to
speak on this item, aril no one responded.
MOTIONOn motion by Coi dil' Member Buffa, seconded by Council
Continued to Member Hornbuckle, and carried 5-0, the appeal of the
July 18,; 1988 Planning .-Commission' s decision for Zone Exception
ZE-84-157A3 was continued to the meeting of July 18,
1988, at 6:30 p.m.
PUBLIC HEARING The Clerk announced that this was the time and place set
.Appeal cf Condi- for -the- public hearing to consider an appeal of Condi-
tion of Approval tion of"Approval No. 3, "the deck proposed on the west
No.. 3, PA -88-44 elevation shall be deleted", in'connection with the
Planning CamTdssion's' approval df Planning Action
PA -88,44 fran Bonnie arra Gary Elder, 230 Broadway-, Costa
Mesa, for ' a variance frau rear setback requirements,
with a minor Conditional Use Permit to allow an asses-
sory-apartment above a' -three -car garage behind an
existing single-family residence at the above address in
an Rl zone. Envirommntal Determination: Exempt. The
Affidavit cf Mailing is on file in the Clerk's office.
No canmuliations have been received.
The Development Services Director presented transpar-
encies and background information contained in staff's
memorandum dated May 10, 1988.
Bonnie Elder, 230 Broadway, Costa Mesa, showed Council
drawings of what she is proposing along the three-foot
deck, saying that a planter bcx on the three-foot deck
would give additional privacy for both the new apartment
and the halm to the west.
The Development Services Director stated Condition of
Approval No. 3 was added solely for the protection of
the neighbor to the west.
Sid Soffer, 900 Arbor Street, Cosa Mesa, addressed the
issuance of building permits and encroachments. A
discussion followed regarding encroachments and set-
backs.
etbacks.
There being no further public speakers, the Mayor closed
the public hearing.
MDTION
Condition cE On motion by Council Member Buffa, seconded by Vice
Approval. No. 3 Mayor Amburgey, and carried 5-0, Planning Action
Deleted PA -88-44 was approved, and Condition No. 3 was deleted.
PUBLIC HEARING The Clerk announced that this was the tine and place set
GP -88-2 for the public hearing to consider General Plan Amend -
City of.Costa Mesa irent GP -88-2, City of Costa Mesa, to change the land use
designation from Urban Center Residential to High Density
Residential, or Medium Density Residential, or Public
and Semi-public, at the Coast Community College District
administrative site, 1370 Adams Avenue. Enviromn-cental
Determination: Negative Declaration. The Affidavit of
Publication is on file in the Clerk's office.
Letters from 131 citizens and petitions containing 31
signatures have been received in opposition to res iden-
tial development on the property.
Chancellor David Brownell, Coast Community College
District, 1370 Adams Avenue, .Costa Mesa, requested con-
tinuence of this item. The College District sent nine
homeowners associations and civic groups a letter notify-
ing them that the district has turned W the joint use
development of unused and underused parcels of property
for purposes of enhancing district revenues badly needed
for both Operational and Capitol Improvement purposes.
The district has received replies from only two of these
groups. In order to better inform the public and attempt
to protect and preserve its role as one of the finest
conmunity college districts, the district is soliciting
public understanding and support. He said the Board of
Trustees and staff would welcone the opportunity to meet
with citizens with the intent of exchanging information,
concerns, and ideas. A continuance would afford the
district a better opportunity to communicate their ideas
to the conmun ity .
John Feeney, 1154 Dorset Lane, Costa Mesa, spoke in
opposition of a continuance in fairness to the people
in attendance who wish to speak on the item.
Gene Hutchins, 1808 Kinglet Court, Costa Mesa, speaking
on behalf o£ the Mesa Verde Homeowners Association, said
the association's vote was unanimous in support of the
Planning Camrnission's recommendation to have the land
use designation as public arra semi-public. He opposes a
continuance for the reasons stated by John Feeney.
Scott Williams, 3465 Santa Clara Circle, Costa Mesa,
apposed a continuance. If it were decided to continue
the item, he requested that it be to a date some time in
the fall so that the students -and faculty at Orange
Coast College would be available to address the issue.
Alan Remington, 1164 Boise Way, Costa Mesa, faculty
member at Orange Coast College, opposed the development
plans and a continuance.
Kevin Shannon, 2541 Greenbrier Lane, Costa Mesa, opposes
a continuance, but if it is decided to continua the
item, he would be in favor of it being held in the fall
when students and faculty are available.
Sid Soffer, 900 Arbor Street, Costa Mesa, felt it has
becorre standard practice to grant a continuance at the
request of the applicaant.
Jan Luymes, 592 Park Drive, Costa Mesa, stated that
Chancellor Brownell is the one who has been working on
this project fr)r the district and is in favor of hearing
it while he is still available. She spoke in ' favor of
the Planning Comnnission's recommendation.
Nancy De Plachett, 622 Center Street, Costa Mesa, spoke
in opposition to a continuance. She read from a letter
addressed to the Mayor which expressed opposition to
the proposed development plans.
The Mayor polled Council as to who would be in favor of
a continuance and all were affirmative with the excep-
tion of Council Member Wheeler.
Council Member Hornbuckle was in favor of a continuance
because she felt the district has not had an adequate
opportunity to neet with the public to determine what
their concerns are.
Vice Mayor Amburgey stated Chancellor Brownell has re-
quested a continuance at his request so that adequate
cammunity forums could be held and the community could
gain a better understanding of the item before it was
presented to'Council.
Council. Member Wheeler felt it was not the duty of
Council to ensure that an applicant has adequate time to
sell their proposal to the public, but to set a hearing
upon an applicant's proposal and to proceed at the time
of the hearing as expected by the people who wish to
address the item. If the applicant is not prepared, the
application siDuld be withdrawn and resubmitted at such
titre as the applicant is ready to present it.
Council Member Hornbuckle stated that this is not a
Coast Community College District hearing but is one
initiated by Council and is a General Plan Amendment,
not a zoning change.
In response to questions posed by Council Member Buffa,
Chancellor Brownell stated he would be retiring on
October 5, 1988, and that he would prefer a 30 -day
continuance because of the pressing problems.
00
Council Member Wheeler said if the item were to be con-
tinued he would be in favor of continuing it to the
first meeting in October, 4iich would represent a fair
compromise between not continuing it arra continuing it
to a date when most , people can participate.
The following people spoke in favor of the Planning
Cammissioni's recommendation to change the land use
designation to public and semi-public:
R. C. Sherrick, 3146 Country Club Drive, Costa Mesa.
Kevin O'Ioane, 17111 Blue Jay Lane, Garden Grove.
Earle'Weichman, 1823 Hummingbird Drive, Costa Mesa.
R. J. Schwichtenberg, 4141 Fireside Circle, Irvine.
Richard Blagden 202 11th Street, Huntington Beach.
If it were decided to continue he would be in favor
of continuing it to some time in the fall.
Steve Rogers, 3931 Rose Street, Seal Beach. If it
were decided to continue he would be in favor of
continuing it to sone t irre in the fall.
Jay Humphrey, 1620 Sandalwood Street, Costa Mesa,
opposed a continuance but would be in favor of a con-
tinuance to a time favorable to those who wish to
address the item.
Sid Soffer said the majority of people have expressed
a desire to have the land use designation public and
semi-public. He then presented land uses under that
designation.
Vaughn Redding, 1748 Samar Drive, Costa Mesa, spoke
in favor of a continuance and the Planning Camnission's
reconmendation.
MMON A motion was made by Vice Mayor Amburgey, seconded by
Continued to Mayor Hall, to continue this item to June 20, 1988, at
June 20, 1988 6:30 p.m.
A substitute motion was made by Council Member Wheeler
to continua this item to October 3, 1988, and the motion
died for lack of a second.
Council Member Hornbuckle asked if the item were con-
tinued to October, would the current General Plan land
use designation be in effect on the site, and if the
Urban Center des igzat ion is valid, could a project be
requested under that designation? The Development
Services Director replied that this has been a concern
expressed by staff. The General Plan designation for
the entire site is Urban Center density, 50 -units per
acre. In staffs opinion, the General Plan should be
changed to what Council believes would be the proper
long tern development for the site, or be prepared to
face the passibility of a request for a zoning change.
At this time the General Plan for the entire site is
canpatible with Institutional and Recreational. If a
developer is granted a project on behalf of the Coast
Community College' District, that developer would have to
request a zone.. change to bring the zoning into confor-
mance with the project requested.
Council Member Wheeler asked if the item were continued
to October, and the college district were to request a
zoning change, would it be limited to R4 and Planned
1
Development Residential uses? The Development Services
Director -responded that they would be limited to any of
the multiple residential zones up to the residential
Urban. Center designation of -'50 -units per acre maximum.
Mayor Hall asked if Council Member Wheeler wished to
make a substitute motion again; arra Council Member
Wheeler replied that he would not.
The motion carried 4-1, Council Member Wheeler voting
no.
Mayor Hall canmented that quite a few people have ex-
pressed interest in helping the Coast Community College
District now that they are aware of their financial
diff iculties.
RECESS The Mayor declared a recess.at`8:30 p.m., and the
meeting reconvened at 8:40 p.m.
PUBLIC HEARING The..Clerk presented a request for approval of the 1988-
1988-89 HCaN 89 Housing anrd Community Development (HCDA) Block Grant
Block Grant Final Statement and Application to the Department of
Hcusing.and Urban Development (HUD) for funds. The
Affidavit of Publication is on file in the Clerk's
office , and no ccmmun icat ions have been received.
The City Manager outlined his memorandum dated May 11,
1988, 'ari3 attachirent thereto, the HCIlA Block Grant Final
Statement to HUD regarding the City's 1988-89 Community
,Development Block Grant proposed expenditures.
There being no:public'speakers, the Mayor closed the
public hearing.
MOTION A notion was made by Council- Member Hornbuckle, seconded
.Request for Funds by Vice Mayor Amburgey, -to approve the 1988-89 Housing
Approved and Community Development` Act Block Grant Final State-
ment. for $778,000.00 and the Application to the Depart-
ment of . Housing and Urban Development (HUD) , and to
authori�i3 the City Manager to execute the necessary
docxunents. The motion carried by the following roll
call vote:
AYES: COUNCIL MEMBERS: -Hall, Amburgey, Wieeler,
Hornbuckle, Buffa
NOES: OJUNCI L ME:4BERS : None
ABSENT: COUNCIL MEMBERS: -None
ANNOUNCEMENT The Mayor recognized former Mayor Arlene Schafer who was
in the. audience.
OLD BUSINESS The Clerk presented from the maetirg of April 18, 1988,
Referendum Petition regarding Resolution 88-11, which
Referendum Petition adopted General Plan Amendment GP -88-1 for the Segerstrom
Concerning Hone Home Ranch site.
Ranch Site
The City Attorney reported that there was a court hearing
on this item held last.Friday afternoon, and it is antic-
ipated.that the court will render its decision within
the next two weeks. He recommended continuing the item
to the meeting of June 6, 1988.
In response to'a question posed by Council Member
Hornbuckle, . the City Attorney said the last date for sub-
mitting items to the County of Orange for the November 8,
1988,E election .is August .12, 1988.
MDTION . A motion was made ty Vice Mayor Amburgey, , seconded by
Continued Council Member Buffa, to continue the Referendum Peti
to June 6, 1988 tion concerning the Home Randa site to the meeting of
June 6, 1988.
Council" Member' Wheeler cp'posed'the motion, and would
be' in. -favor .-of voting to place the matter on the ballot
at this time along 'with the. the Slow Growth Initiative.
The motion carried 4-1, Council Member Wheeler voting
no.,
Building Permits The Clerk presentedI frau the meeting of May 2, 1988,
for Metro Pointe Metro Pointe Phase II, determination on issuance of
building permits to allow the City Attorney an oppor-
tunity to review previous law decisions in connection
with an indemnification. ,
The City Attorney referenced his confidential memorandum
dated May 12, 1988, wherein ' the results 'of his review of
the concerns expressed regarding the issuance of building
permits fDr this project are presented along with reccmr-
men dations..
The City Attorney responded to questions posed by Council
Memtier.Waeeler ori- indemnifications.
Council ,Member' Hornbuckle "asked when the court might be
making. .a decision on the City's request for a determina-
tion on the 'Referendum`Petition. The City Attorney
responded that there are between 25 and 30 days remaining
for the parties served to file an answer with the court',
after '4iich the ' City will be seeking a court . hearing
date which would take 'approximately 60 days.
R. C. Sherrick, 3146 Country Club Drive, opposed the
lawsuit filed by the City vhich, . in his opinion, is an
attempt to disfranchise the voters who signed the peti-
tion and prevent issues being decided upon by the voters.
He also apposed the issuance of building or grading per-
mits, and does not believe an indemnification would be
upheld in court.
Sid Soffer, 900 Arbor Street, Carta Mesa, asked if the
City can deny.the issuance of building permits at this
point in time; and if se, can the City be sued by the
developer? Mayor Hall 'replied affirmatively to both
questions.
MOTION - A motion was made by Vice Mayor Amburgey seconded by
Issue Building Council ,Member Buffa, to direct staff to issue building
Pemnits with permits and tb attach `a condition to the issuance, in a.
Indemnification. form satisfactory to the City Attorney, that states that
Agreement the develcper'is'proceeding'at his own risk due to the
pending litigation and that prior to issuance of the
building permits the developer supply the City with an
indemnificationagreement, in a form satisfactory to the
City Attorney," to � indemnify and defend the City for any
claims based upon the issuance of the building permits.
Council Member Hornbuckle asked under what conditions
can a City legally refuse to issue building permits.
The, City ;Attorney responded' that there are several
instances; but "in this situation guidance is not clear
by either court decisions' or statutory law.
Council Member Wheeler opposed the motion for the reason
that if this -item is found to be subject to a Referendum,
the the City can be held liable if :it allows the builder
to build.
Council Member Buffa was in favor of proceeding with
the recommendation 'of the City Attorney.
f
Council Member Hornbuckle spoke in favor of. waiting to
issue building permits for this project until the court
has made a detemlination on the Referendum Petition.
The motion carried 3-2, Council Members hheeler and
Hornbuckle voting no.
Signalized Inter- The Clerk presented from the neeting of May 2, 1988,
sections, Citywide report on cost and time regarding Citywide study of
Study signalized intersections.
The Public Services Director summarized his memorandum
of May 12, 1988. Outside consultants have estimated
that it would take approximately ten weeks to complete
an analysis of the City's 113 signalized intersections
existing levels of service during both AM and PM peak
periods.
Sid Soffer, 900 Arbor Street, Costa Mesa, addressed
Level of Service (LOS) at signalized intersections.
MOTION On motion by Council Member Buffa, seconded by Council
Staff Authorized Member Hornbuckle, and carried 5-0, staff was authorized
to Negotiate to negotiate for professional services to detennine
Contract existing AM and PM levels of service .of the City's
major intersections (when last enumerated numbered 113) .
.Rehearing/The The Clerk presented a request for rehearing from Hardy
Planning Asso- Strozier,:The Planning Associates, 3151 Airway Avenue,
ciates/Newport Suite R-1, Costa Mesa, authorized agent for Newport
Beach Budget Beach Budget Motel, 710 Wilshire Boulevard, Suite 615,
Motel Santa Monica, regarding Council's denial of his applica-
tion to process a General Plan Amendment to change the
Request to Pro- land use designation at 121 Albert Place from Medium
cess General Density Residential to Neighborhood Commercial.
Plan Amendment
121 Albert Place A letter has been received from Paul Shaver, 126 Cecil
Place,. Costa Mesa, expressing opposition to a land use
designation change for this site.
Hardy Strozier, The Planning Associates, reported that
the rehearing was requested for two reasons: The infor.
motion .presented regarding the location of the boundary
line between canmercial and residential may have been
erroneous; and the extent of the requested change may
have been misunderstood. He explained that while the
Neighborhood Commercial (C2) and Medium Density Residen-
tial (R2) lot lines noted on staff's report are accurate,
they do not reflect the true picture of the depth varia-
tions along Newport Boulevard. Their request for a C2
designation extends only to an adjacent lot, not to Elden
Avenue. He presented a petition signed by surrounding
residents in support of the Sea Lark Motel expansion
project.
MOTION A motion was made by Council Member Buffa, seconded by
Application to Vice .Mayor Amburgey, to approve. the application to
Process a General process a General Plan Amendment to change the land use
Plan Amendment designation at 121 Albert Place from Medium Density
Approved Residential to Neighborhood Commerical., and to include
in the study the land owned by the Ali Baba Motel.
Council Member Wheeler opposed the motion for the reason
that he does not believe this item meets the criteria
set for a General Plan Amendirent.
Council Member Hornbuckle opposed the motion for the
reasons stated at previous rmetings.
Request fDr
Rehearing/
Williams
Measure "C" .
Parkway Mainte-
nance/Challenge
Engineering
MOTION -
Rehearing
Denied
Funding. Options.
Victoria Street
Widening Project
The motion carried 3-2, Council Members Wheeler and
Hornbuckle voting no.
The Clerk presented a request fpr rehearing, or reconsi-
deration, frau Scott Williams, 3465 Santa Clara Circle,
Costa Mesa, regarding ' Change Order No. 1 fpr $64,500.00
to the contract with Challenge Engineering, Incorporated,
4761 Lincoln Avenue, Cypress, in connection with Measure
"C" 1987-88 Parkway Maintenance (tree removal, curb and
.gutter and sidewalk removal and replacement, and other
improvements on various streets).
Scott Williams said.the rehearing is being requested on
the grounds that the change order was not a change order
but a separate contract fpr trees, and the canpetitive `
bidding system should have been used. He also .requested
consideration be given to,adopting a policy that all
change orders 25 percent over the original contract. price
be open to competitive bidding.
In response 10 a question posed by Mayor Hall, the
Public Services Director stated -that the work has been
completed in connection with this change order.
Council Member Wheeler expressed displeasure with the
manner in which this matter was handled.
A notion. was made by Council Member Buffa, seconded by
Vice Mayor Amburgey, and carried 5-0, to deny the
request fpr rehearing.
Council.Member Hornbuckle requested that the policy fpr
issuing change orders be addressed at a study session.
After discussion, it was decided that this subject be
put on a future study session agenda and that it is
not an urgent matter.
The Clerk presented a.request fir direction regarding
alternative funding options for the Victoria Street
Widening Project.
The City Manager referred to his memorandum of May 12,
1988, stating that Council has previously been presented
with a study prepared by Evensen Dodge, Incorporated,
which summarizes financing options for the Victoria
Street Widening Project. Staff is recanmending the
asset transfer method of financing based upon Council's
expressed desire that this project be canpleted within
five years. It would enable the City to capitalize on
the fixed, assets already owned by the community for
future improvements. If Council approves this method of
financing, the legal and technical details for bond
processing would be brought back to Council at a future
date and before final action .is taken.
At the request.of Council Member Wheeler, Wally Kreutzen,
Evensen Dodge, Incorporated, 650 Town Center Drive,
Costa Mesa, explained the asset transfer process, and
the various fuhding' methods requiring a vote of the
citizens -and those that do not.
Vice Mayor Amburgey cammenied staff and Wally Kreutzen
fpr the work they have done on this project.
Gladys Diggins, 2151 kwrican Avenue, Costa Mesa, whose
property is in be acquired fDr .this project, presented
several questions regarding the relocation process. The
City Manager- outlined the process and recommended that
Mrs. Diggins contact the Director of Public Services,
whose office is coordinating the relocat ions , to arrange
a meeting with the appropriate relocation experts.
1
tz� �
ax
MOTION A notion was made by Vice Mayor Amburgey, seconded by
Asset Transfer Council Member Buffa,, directing staff to proceed with
Option Approved the asset transfer option. The motion carried 4-1,
Council Member Wieeler voting no.
Council Member Wheeler stated that he has previously
opposed the Victoria Street Widening Project an
tonight
is opposing the method of funding reconmended. He would
be in favor, of a recommendation which would put the
matter -before the public for a vote.
In reply to a question posed by Council Member Hornbuckle,
the City Manager stated a report will be brought before
Council within 45 days w that a determination can be
made as to, the best meths d,cf financing.
RECESS. The Mayor declared recess at 10:30 p.m.; and the meeting
reconvened at 10:45 p.m.
NEW BUSINESS The Clerk presented Zone Exception ZE-80-26A7 for 'Ibren
ZE-80-26A7 Segerstran, authorized agent for C. J. Segerstran and
C. J. Segerstran Sons, 3315 Fairview Road, Costa Mesa, fDr an amendment
and Sons to the Harbor Gateway Final Development Plan to conn
struct two one-story buildings containing 13,706 square
feet each, and one one-story building consisting of
98,000 square feet, located at 1580 and 1590 Scenic
Drive and 3570 Hyland Avenue'in a Planned Development
Indistrial zone. Environmental Determination: Environ-
mental Impact Report 'certif%ied for Harbor Gateway Master
Plan.
The Develcpment Services Director presented proposed
project Amendment ND. 7 to the original plan fpr the
Harbor Gateway Project, northwest corner. The Planning
Commission has recommended that the project be approved
based on findings, ' including 'the addition of Finding "C"
contained in staff's menDrandum of May 9, 1988, and
subject to conditions. Subsequent to the Planning
Canmission's hearing, staff Pias -determined that a minor
modification can be made to Ordinance or Code Provision`
13. Background information and staff's recanmendations
are contained in a memorandum dated May 12, 1988.
'Ibren Segerstran, C. 'J. Segerstrom and Sons, detailed
the project 'and'stated they are proud to present another
expansion .this project.
Council Member Buffa congratulated Mr. Segerstran on
the project saying it has been a great asset to the
City's business community.
Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in
favor'of the project and caripl"imented the Segerstran
family for what they have done. within the City.
MayorHall asked Mr. Segerstran if he was agreeable to
all coIndi.tidns, and'he replied that he was.
MOTION A notion was made by Council Member Buffa, seconded by
ZE-80-26A7 Council .Member HDrnbuckle, and•carried 5-0, approving
Approved Zone Exception ZE-80-26A7 based on staff's findings with
the addition of Finding "C", and subject to Conditions
of Approval contained in the Staff Report with the modi-
f icat ion t o Ordinance or Code Provi s ion 13 as follows:
Proof of recordation of the parcel map or lot line
adjustment shall be'submitted prior to occupancy of
any building in this block.
A
Bluff Road Extern The Clerk presented a resolution forming the Bluff Road
sion Technical Extension Technical Advisory Committee for the purpose
Advisory Committee of informing and making recQmTendations to the Traffic
Cemniission and City Council; a recommendation to invite
potentially affected and/or interested agencies, organ-
izations, and individuals to participate in meetings;
and appoint a member of the Council as a representative.
The Public Services Director outlined staff's recammen-
dations as presented in a memorandum dated May 3, 1988.
In order to provicb a forum for all involved public and
private interests to concurrently consider the variety
of viewpoints and issues related to the roadway align-
ment, study methodology was developed to include a Tech-
nical Advisory Canmittee. A list of requested Technical
Advisory Committee membership participation recommenda-
tions is attached to staff's memorandum. Staff is
requesting, in addition to the preliminary membership
recanmendations of April 11, 1988, representation from
members of a Homeowners Association, the Marina Can-
mittee, and other entities as Council may deem desirable.
Phil Lord, 1187 Gleneagles Terrace, Costa Mesa, Vice
President of the Marina Highlands Homeowners Association,
requested a member of the association be appointed to
the cammdttee.
Council Member Wheeler stated that the proposed member-
ship f3or the Technical Advisory Canmittee is made up of
primarily technical people and recamrended that a paral-
lel committee be established comprised of citizens from
the area whereby conmunity sentiments and viewpoints
could be presented.
Mayor Hall concurred with Council Member Wheeler's
statenents, recanmending a Policy Advis j'ory Committee be
established in addition to the Technical Advisory Can-
mittee.
Alan Remmington, 1164 Boise Way, Costa Mesa, canpli-
rrented Council on their views of this item.
Council Member Wheeler mentioned that the Marina High-
lands Homeowners Association has provided him with an
audio tape discussing the Bluff Road extension and 19th
Street bridge which he will make available to Council
Members.
Jeffrey Childs, 1139 Avienore Terrace, Costa Mesa, also
representing the Marina Highlands Horreowners Association,
.'said they have knowledgable technical people in their
-new group, yet to be named, and requested representation
from that group on the Technical Advisory Committee.
MOTION
On motion by Council Member Buffa, seconded by Council
Resolution 88-35
Member Hornbuckle, Resolution 88-35, being A RESOLUTION
Adopted/Mayor
CF THE CITY COUNCIL CF THE CITY CF COSTA MESA, CALIFOR-
Appointed to
NIA, ESTABLISHING THE "BLUFF ROAD" TECHNICAL ADVISORY
Committee
COMMITTEE, AND THE POLICY ADVISORY COMMITTEE, was ad-
opted; staff was directed to invite potentially affected
aril/or interested agencies, organizations, and indivi-
duals to participate in greetings; and Mayor Hall was
appointed as a representative to the Policy Advisory
Canmittee. The motion carried by the fiollowing roll
call vote:
AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler,
Hornbuckle, Buffa
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
, Us
Preliminary The Clerk presented a request to contribute funds in an
Feasibility Study/ amount not to exceed $5,000.00, for a preliminary study
Route 57 Freeway of the feasibility of extending the Orange Freeway
Extension (Route 57) from the Santa Ana (I-5) Freeway to the San
Diego (I-405) .Freeway along the Santa Ana River.
The City Manager presented background information. By
utilizing a multi -agency team, a study can be prepared
to plan for the joint development of the Santa Ana River
Flood Control Project and the extension of Route 57
.utilizing the Santa Ana River right-of-way. This feasi-
bility study would be compiled by Robert Bein, William
Frost and Associates, at a cost of $40,000.00, with
Costa Mesa's anticipated share to be approximately
$5,000.00. Staff is recanmending approval as outlined
in a merrorandum dated May 12, 1988. In addition, the
City Manager recommended an accanpanying letter to the
Corps of Engineers reaffirming the City's opposition to
any extension fran the 1-405 south to Pacific Coast
Highway.
Mayor Hall stated that the Corps of Engineers has in-
dicated that if this project is to move forward, a can-
mitment is required frau local interested parties. At
a rreeting he attended on May 6, 1988, it was announced
that there are 45 days to make the County's position
known and docurrented with the Corps. He recommended
approval of the City's participation.
In response to a question posed by Council Member
Wheeler, the City Manager stated that the feasbility of
connecting the Route 57 extension in the general con-
fluence cf the Route 73 and I-405 Freeways has been
discussed. Council Member Wheeler asked if it would go
to the Hare Ranch property, and the City Manager re-
sponded that it is proposed for the area generally
bounded by Harbor Boulevard and Fairview Road.
Council Member Buffa addressed the benefits of the
utilization of the Santa Ana River right-of-way for the
extension.
Alan Remington, 1164 Boise Way, Costa Mesa, expressed
opposition to the proposed extension because of the
possibly of it eventually being continued south of the
I-405 to Pacific Coast Highway.
MOTION A motion was made by Council Member Buffa, seconded by
Funds Approved Vice Mayor Amburgey, bo approve the City's contribution
of $5,000.00 toward an initial study of the feasibility
of extending the Orange Freeway, Route 57, by the Corps
of Engineers, and to include a letter reiterating the
City's opposition bo any extension south of the I-405.
Council Member Wheeler opposed the motion for two rea-
sons: It would principally benefit the Segerstran Home
Ranch Project; arra the developer, as the primary bene-
ficiary, should pay the $5,000.00 contribution for the
study. If the extension is approved it will, at some
time in the future, be requested to continua it south of
the 1-405.
The motion carried by the fiolloai ng roll call vote:
A)ES : COUNCIL MEMBERS: Hall, Amburgey,
Hornbuckle, Buffa
NOES: COUNCIL MEMBERS: Meeler
ABSENT: COUNCIL MEMBERS: None
Sister Cities The Clerk presented a request from Costa Mesa Sister
Summar Festival Cities for City support in connection with the Summer
188 Festival 188.
The City Manager referred to his memorandum dated May
11, 1988, and attached letter from Jan Kausen, President,
Costa Mesa Sister Cities. He explained that the mount
recammnded was suggested because any amount over
$5,000.00 would require Council approval on an. individ-
ual basis, and the Sister Cities organization has not
ascertained their costs at this time. Funds would be
disbursed upc)n receipt of authorized invoices.
Vice Mayor Amburgey stated that the Chamber of Canmerce
does an adequate job of` promoting the arts within the
City. with the Arts on the Green Program, and felt that
the Sister Cities organization should promote their
program and not becone involved in other events.
Council Member Hornbuckle"said it is her understanding
that this function is primarily a crafts fair and is
neant to beco e a fund-raising event to enable the Sister
Cities Program to becane self-reliant.
Council Member Wheeler commended Mrs. Kausen for her.
efforts in finning a means of fund-raising.
M3TION _A motion was made by Council Member Hornbuckle, seconded
Funds Approved by Council Member Wheeler, to approve the request for a
waiver of the fae for use of the City's Showmobile,
deleting the requirement fDr liability insurance cover-
age, arra approving, financial assistance in an amount not
to exceed $3,000..00. The motion carried by the fellow -
i ng roll call vote:
AYES: COUNCIL MEMBERS: Hall, Wheeler,
Hornbuckle, Buffa
NOES: OJUNCI L MEMBERS: Amburgey
ABSENT: COUNCIL MEMBERS: None
At Vice Mayor Amburgey's request, Council directed staff
to prepare a report at the conclusion of the project
indicating revenue generation from this event.
Sister Cities The Clerk announced a request fram the Costa Mesa
Program Invitation Sister Cities for a Letter of Invitation tb the City of
Werribee, Australia.
The City Manager presented information contained in his
meimrandum of May 12, 1988, and attachment thereto, and
recommnded that a letter aE invitation be sent to the
City of (\Jerribee, Australia. The Costa Mesa Sister
Cities organization has conducted a survey of local
residents to identify a preferred country in midi to
establish a sister city relationship. The results of
the survey indicate a great amount of support to a
cammunity in the country of Australia.
MDTION A motion was made by Council Member Hornbuckle, seconded
Letter cf by Council Member Wheeler; and carried 5-0, approving
Invitation the.Sister Cities request that a Letter of Invitation be
Approved sent to the city of Werribee, Australia.
Council Member Wheeler stated that the selection of one
sister city is not an exclusive decision, and that many,
cities have imre than one. If .this program is a success,
he would be in favor of adding a Russian sister city at
sore titre in the future. The survey conducted by the
Sister Cities indicated major .areas of interest for a
sister city ware in Australia and Russia.
1
In response to a question posedfby Council Member
Hornbuckle, the City Manager stated that the City of
Have, England, with whom Costa Mesa has had a special
relationship in the past, was contacted regarding their
interest in a Sister Cities Program and no response has
been received. There has been considerable changes in
their administration and staff will seek to recontact
thein.
Change Order "D" Item 7 on the Consent Calendar was presented: Change
Dokken Engineering Order "D" for $15,000.00 to the contract with Dokken
Engineering, 3217 Ramos Circle, Sacramento, to revise
Fairview Road Over- and camplete submittal requirements for California
cressing at I-405 Department of Transportation (CALTRANS) issuance of
Encroachment Permit in connection with the widening of
the Fairview Road CK7ercrossing at the I-405 Freeway.
Council Member Buffa expressed concern with delaying
construction of this project until September 15, 1988,
as indicated in staff's memorandum of May 9, 1988.
The City Manager arra Public Services Director explained
the reasons for the delay which has centered around
the receipt cf easement deeds arra additional information
required by the State before they will review prelim-
inary design plans.
Council Member Buffa expressed.disappointment in the
delay, stating that Vice Mayor Amburgey and he have
reached cut to local legislators for assistance to have
the California Department of TLransportion accelerate
the project by 10 months. In his cpinion, this is one
of the most critical projects in the City and he will
attempt to bring it back on schedule tomorrow. He
requested, in the future, if a schedule on a project of
such importance begins to fall behind, Council be noti-
fied immediately sJ that steps can be taken to correct
the situation immediately.
MYTION On motion by Council Member Vhheeler, seconded by Council
Change Order Member Hornbuckle, the change order was approved by the
Approved following roll_ call vote:
AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler,
Hornbuckle, Buffa
NOES: OJUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
CITY ATTORNEY The City Attorney withdrew his request to hold a closed
REPORTS session to discuss pending litigation.
Amphitheatre The City Attorney. reported that greetings have transpired
Lawsuit regarding the Pacific Amphitheatre lawsuit.
Vice Mayor Amburgey asked if the City has received
replies to the draft agreement regarding the noise germ
erated by the amphitheatre. The City Manager responded
that written correspondence has been received frau the
Orange County Fair Board and the Concerned Citizens of
Costa Mesa, as well as from individuals and groups ffram
which no response was solicited. No written correspon-
dence has been received frau the Nederlander organiza-
tion (Ned West, Incorporated), operators of the amphi-
theatre, regarding a settlement.
K)TION A motion was made by Vice Mayor Amburgey, seconded by
City Attorney Mayor Hall, to direct the City Attorney to send letters
Directed to to the Nederlander organization, and/or those organiza-
Send Letters tions we are negotiating with who have not responded,
formally requesting a response to the City's request for
canments on the draft agreement.
_0Q
Council Member Wheeler announced that he will be abstain-
ing from discussions on this item because of a conflict
of interest due to his representation of the attorney
for the Concerned Citizens of Costa Mesa.
The motion carried 4-0, Council Member Wheeler abstain
ing.
ORAL Gene Hutchins, 1808 Kinglet Court, Costa Mesa, referred
COMMUNICATIONS bo the public hearing item regarding General Plan Amand-
ment GP -88-2, saying frustration was felt by these who
GP -88-2 have worked sJ hard in putting together an argumnt.
City of Costa Mesa After thinking about it, he supports the recommendation
to continua a) that discussions can be held between
members of the community and the Coast Community College
District.
Soffer Con rants
Sid Soffer, 900 Arbor Street, addressed money spent on
studies; Assemblyman Ferguson's investigation; inves-
tigation of Sandra Genis regarding the possibility of
her studying her opposition to Costa Mesa projects
during her working hours fbr the City of Newport Beach;
unwritten policy regarding accepting applicants' re-
quests fDr continuance; problems with the Russian govern
rcent; and issuance of building permits.
0OUNCI LMAN IC
COMMENTS
Council Member Wheeler addressed camTents made by Sid'
Sof far regarding Sandra Genis and the fact that she is
Soffer Comments
not here to defend herself.
Fairview Park
Council Member Wheeler referred to a letter received by
Naning
Council from the Fairview Park Committee indicating that
they would have liked to have been present when the re-
naming of Fairview Park was discussed. He will have a
request for recons iderat ion put on a future study
session agenda so that committee members can present the
reasons why they want it reconsidered. Council Member
Buffa concurred with this recammendation.
Cultural Arts Council Member Wheeler stated that the Cultural Arts
Committee Funding Committee will be requesting mre than the last amount
Requests anticipated of $250,000.00 because they have received
funding requests from an additional six groups just
before the funding request deadline.
State of the In response to a question posed by Council Member
Arts Report Wheeler, the City Manager stated that the State of the
Arts report will be reprinted.
Cultural Arts Council Member Wheeler referred to his previous memr-
Canmittee/Funding an dum to Council indicating that the Cultural Arts
Capitol Items Cammdttee has requested information on the policy for
funding Capitol items. He will be putting this item on
a future study session agenda and have committee members
present at that session.
ADJOURNMENT The Mayor declared the etirg adjo ned t 12. 0 a.m.
Mayor of the City of Cbsta Mesa
ATTEST:
rty Clerk of the City of Costa sa
- 16 -