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HomeMy WebLinkAbout08/15/1988 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 15, 1988 The City Council of the City of Costa Mesa, California, met in regular session August 15, 1988, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge'of Allegiance to the Flag, and Invocation by the Reverend Robert Ewing, South Coast Christian Church. ROLL CALL Council Members Present: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Council Members Absent: None On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None READING FOLDER On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the following Reading Folder items were received and processed: Claims j Claims received by the City Clerk: Joaquin Pineda; Angel McGoningle; Steven B. Hackett; Gregory Remsen; and Michael S. Rausch. Officials Present: City Manager, City Attorney, Deputy City Manager, Public Services Director, City Clerk MINUTES On motion by Council Member Buffa, seconded by Vice July 19, August Mayor Amburgey, and carried 5-0, the minutes of the 1 and 8, 1988 adjourned regular meeting of July 19, 1988, regular meeting of August 1, 1988, and special meeting of August 8, 1988, were approved as distributed. MUSICAL Two Members of the South Coast Symphony Orchestra per - PRESENTATION. -formed a short instrumental rendering in appreciation for the City's contribution and support to the symphony. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, to read all ordinances by title only. CONSENT CALENDAR The following items were removed from the Consent { Calendar: Item 6(b), Measure "C" Parkway Maintenance 1988-89; Item 6(c), 19th Street Widening from Park Avenue to Anaheim Avenue, 'Item 10(a), Completion of 1987-88 Street Maintenance,—Street Reconstruction; Item 10(b), Campletion of measure "C" Parkway Maintenance 1987-88; Item ll(a).,_Budget Adjustment 89-08 for Design j of Fairview Road,Overcrossing`at the I-405 Freeway; Item 11(b), Budget Adjustment 89-15, Iowa Street Retaining, Wall; Item 16, Resolution establishing Basic Pay Sched- ule and adding -classification to the Executive Salary Schedule; and Item 17, Resolution amending the Retirement j Plan for Safety Employees. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None READING FOLDER On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the following Reading Folder items were received and processed: Claims j Claims received by the City Clerk: Joaquin Pineda; Angel McGoningle; Steven B. Hackett; Gregory Remsen; and Michael S. Rausch. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Michael F. and Patricia A. Stingle, doing business as .Baycrest Liquor and Deli, 333 East 17th Street; and Seon Keun Lee, doing business as Tummy Stuffer, 270 South Bristol Street, No. 112. Public Notice from the Public Utilities Commission that appli- Utilities cation No. 88-08-001 has been received from Southern Commission California Gas Company, Regulatory Affairs Department, Post Office Box 3249, Los Angeles, requesting an adjustment in rates. Letter of Letter of appreciation received from Mesa Verde Villa Appreciation Homeowners Association, 1633 Iowa Street, Costa Mesa, for police assistance in helping reduce the number of speeding cars, and for the assistance provided by the Intergovernmental Relations.Officer to their complaint regarding dust from construction of a soundwall. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose was received from The Access to Justice Founda- The Access to tion, 1422 Second Street, Santa Monica, by door-to-door Justice Foundation solicitation of funds to provide public education on an insurance reform initiative and fundraising to cover MOTION campaign expenses through November 8, 1988. On motion Permit Approved- by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0., the permit was approved with application of Municipal Code Section 9-229. SET FOR PUBLIC On motion by Council Member Hornbuckle, seconded by Vice HEARING Mayor Amburgey, and carried 5-0, the Precise Alignment for Victoria Street was set for Public Hearing on Precise Alignment September 6, 1988, at 6:30 p.m., in the Council Chambers Victoria Street of City Hall. WARRANT On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, Warrant Resolution 1403, including Pay - MOTION roll 8816, was approved by the following roll call vote: Warrant 1403 AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from Geraldine Harrison Harrison was rejected. Music On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0,.the claim frau Robert Music was rejected. Barry/Grider On motion by Council Member.Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from David J. Barry/Aaron Grider was rejected. Herbert On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim frau Karolyn Herbert was rejected for all matters occurring on or after January 1, 1988. ADMINISTRATIVE Bids received for Bid Item No. 815, Offset'Printing ACTIONS Press, are on file in the Clerk's office. On motion by Council Member Hornbuckle, seconded by Vice Mayor Bid Item No. 815 Amburgey, the contract was awarded to A. B. Dick Company, Offset Printing 3598 Cadillac Avenue, Costa Mesa, for $19,058.80. The Press motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, MOTION Hornbuckle, Buffo Awarded to NOES: COUNCIL MEMBERS: None Dick Company ABSENT: COUNCIL MEMBERS: None Purchase of IBM Staff requested approval to purchase IBM Computer Equip- Canputer Equip- ment from sole source vendor, IBM, Incorporated, 611 ment from IBM Anton Boulevard, Costa Mesa, for $14,500.00. The equip- ment consists of six Model 3191-A10, 122 key keyboards, MOTION and one controller, Model 3174 -OIL with four terminal ]Purchase Approved multiplexes. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the purchase was ap- proved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Renewal Agreement/ Staff requested approval of a Renewal Agreement with Carl Warren and Carl Warren and Canpany, 1801 Parkcourt Place, Suite Company E-208, Santa Ana, for 1988-89 Liability Claims Adminis- tration as outlined in a memorandum from the City Liability Claims Attorney's office dated July 29, 1988. On motion by Administration Council.Member Hornbuckle, seconded by Vice Mayor Amburgey, the agreement was approved, and the City MOTION Attorney was authorized to sign on behalf of the City. Renewal Agreement The motion carried by the following roll call vote: i%pproved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Director of Finance recatmended approval of an agree - Coopers and ment with Coopers and Lybrand, 1301 Dove Street, Newport Lybrand Beach, for $12,000.00, -to provide actuarial evaluation of liability claims for the Victoria Street Widening Actuarial Evalua- Project. On motion by Council Member Hornbuckle, {tion of Liability seconded by Vice Mayor Amburgey, the agreement was Claims/Victoria approved, and the Mayor and Clerk were authorized to Street sign on behalf of the City. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Agreement Hornbuckle, Buffa Approved NOES: COUNCIL MEMBERS: None, ABSENT: COUNCIL MEMBERS: None 'Tax Rate, 1974 On motion by Council Member Hornbuckle, seconded by Vice Open Space Bond Mayor Amburgey, Resolution 88-62, being A RESOLUTION OF Issue THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FIXING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON 140TION ALL OF THE 'AXABLE PROPERTY WITHIN THE CITY OF COSTA Resolution 88-62 MESA WHICH IS TAXABLE TO MEET THE CITY'S OBLIGATION ;adopted UNDER THE 1974 OPEN SPACE BOND ISSUE FOR FISCAL YEAR 1988-89, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Write Off of The Director of Finance requested permission to write General Account off outstanding checks for $263.97 from the General Checks Checking Account with Wells Fargo Bank. On motion by Council Member Hornbuckle, seconded by Vice Mayor MOTION Amburgey, the write off was approved by the following Write Off 'roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Workers' Canpen- the Personnel Director requested extension of Workers' sation Benefits/ Canpensation Benefits for Gerald Poarch through October Poarch 1, 1988. On motion by Council Member Hornbuckle, sec- onded by Vice Mayor Amburgey, the extension of benefits was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Extension Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference Advances On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, a Conference Advance for $507.60, for a MOTION police officer to attend the Property Management Confer - Advance Approved erence in San Jose, September 12-15, 1988, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Hornbuckle, seconded by Vice Advance Approved Mayor Amburgey, a Conference Advance for $530.00, for a police officer to attend the Terrorism Awareness Con- ference in San'L-uis Obispo, October 9-14, 1988, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC, HEARING The Clerk announced that this was the time and place set Formation of for the public hearing to consider formation of Under - Underground Utility ground.Utility District No. 18, Bear Street frim District No. 18 Paularino Avenue to the I-405 Freeway; Paularino Avenue frcim Bear Street to approximately 400 feet easterly. Letters have been sent to the utility campanies in the district as required by law. No ccamunications have been received. The Director of Public Services outlined his memorandum dated August 8, 1988. The cost to underground the Southern California Edison Company and Pacific Bell facilities within the proposed district will be borne jointly by the Southern California Edison Company and C. J. Segerstrom and'Sons with.no cost to the City. There being no public speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Resolution 88-63 Council Member Wheeler, Resolution 88-63, being A RESOLU- Adopted TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER 18, BEAR STREET FROM INTERSTATE 405 FREEWAY TO PAULARINO AVENUE, AND PAULARINO AVENUE FROM BEAR STREET TO APPROXIMATELY 400 FEET EASTERLY, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented a resolution regarding financing of the Victoria Street Widening.Project; sale of lease Revenue Bonds. Lease Revenue Bonds The City Manager outlined his memorandum dated August for Victoria Street 12,'1988. Council previously directed the financing of Widening Project the Victoria Street Widening Project through.an Asset Transfer of Victoria Street. This resolution represents the next step in the financing process. MOTION A motion was made by Council Member Hornbuckle, seconded Resolution 88-64 by Council Member Buffa, to adopt Resolution 88-64, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE FINANCING ARRANGEMENTS FOR BONDS OF COSTA MESA CITY HALL AND PUBLIC SAFETY FACILITIES, INCORPORATED, AND RELATED MATTERS. Council Member Wheeler stated opposition to the motion. In his opinion, the costs for the project far outweigh the benefits. Discussion ensued on traffic and the amount of through traffic generated in the City. Resolution 88-64 was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Report on The Clerk presented Resolution 88-57 calling for an Resolution 88-57 election on November.8, 1988, and for a decision on the Initiative Measure 'filed by Citizens Sensible Growth and Traffic Control. At Mayor Hall's request, the City Clerk read a memorandum she presented to Council on.the Initiative Petition which reports that 4,644 signatures have been revalidated as of August 15, 1988, and 41280 signatures are required to qualify for the ballot._ . Mayor Hall stated .this now becomes a moot issue as the required number of qualified signatures have been ob- tained. MOTION Later in the meeting, a motion was made by Council Mayor to Write Member.Wheeler, seconded by Vice Mayor Amburgey, and Ballot Argument carried 5-0, appointing Mayor Hall to write the Ballot Argument for this Initiative Measure. Letter from Scott The Clerk presented a letter received from Attorney Williams/Wording J. Scott Williams, 23276 South Pointe Drive, Laguna for Ballot Measures Hills, regarding proposed wording for Ballot Measures as adopted by Resolution 88-58. Scott Williams referenced his letter dated August 8, 1988. The letter contends, in part, that "the Referen- dum Ballot Measure Title, and Summary for General Plan Amendment Resolutions No. 88 -11 -and 88-44 are false and misleading because they lead the voter to believe that there is a funding program to pay for the traffic im- provements at or adjacent to the project. Also, the ballot summary leads the voter to believe that the traffic improvements which are required to be built will be at no cost to the City of Costa Mesa and its tax- payers". Mr. Williams said no funding program was established by this resolution and that the second Measure would be adopted as an alternative to the first Measure, mislead- ing the voters that there was only one alternative when, in fact, others are available. He then requested that Ballot Measure,2 be described as a project of 2.179 million square feet maximum building intensity, deleting the item mentioning that it establishes a funding pro- ject. 1 121 Council Member Wheeler felt that the problem is that the two Referendums were handled differently creating false dilemmas between the two plans. He concurred with Scott Williams that no funding plan has been set up for .this project. Vice Mayor Anburgey addressed trip ends in North Costa Mesa and stated that the_ second part of the Referendum uses exact wording frau the General Plan and he was in favor of leaving the wording as now stated. Council Member Wheeler disagreed with Vice Mayor Amburgey and said that the wording is not the same and this was the problem. He said that there are no funding programs established in Resolutions 88-11 or 88-44. The City Attorney read a paragraph frau the Circulation Element in General Plan Amendment GP -88-1 (Revised) regarding funding which he interprets as a funding method by which the needed traffic improvements would be made. Council Member Wheeler felt these were conditions and promises to do sanething in the future, not funding, mechanisms. Scott Williams concluded that he does not believe this resolution has an enabling power to establish a funding mechanism. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that there was no information on this item for the public. He addressed trip ends and stated that he has not seen evidence indicating projects generate additional trip ends. Michael,Nutter, 3469 Plumeria Place, Costa Mesa, felt the first General Plan Amendment should have been eliminated when the second one was adopted and that the proposed Ballot. Measures were misleading. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, -sup- ported Scott Williams's position and felt that both Measure descriptions should be covered in the same manner and worded in the same way. He said the public should be made aware that there are other alternatives available. In response to a question posed by Sid Soffer, the City Attorney stated that a Referendum Petition could be circulated in favor of a decision as well as in opposi- tion to one, and be validated as long as the required number of valid signatures are obtained. Council Member Hornbuckle recco mended that the wording from the first General Plan Amendment be duplicated for the second one'and that the figures be changed where they differ. Council Member Wheeler was in favor of this recce mendation. Mayor Hall asked if this was feasible, and the City Attorney responded affirmatively. Vice Mayor Amburgey stated that Referendum 2 was pre- sented to Council as an amendment to Referendum 1 and expressed concern that changing the wording from the manner in which it is worded in the Environmental Impact Report (EIR) could conceivably be cause for litigation in the future. Motion Retain Present Wording A motion was made by Vice Mayor Amburgey, seconded by Mayor Hall, to leave the wording as recatumended by the City Attorney and adopted by Resolution 88-58. Council.Member Wheeler stated that if there were a con- cern about future litigation, representatives from the group which brought the referendum forward could be asked to state now that there would not be such a chal- lenge in the future.- This would estop them from any future action. He preferred Council Member Hornbuckle's reccllnmendation over this one. SUBSTITUTE MOTION A motion was made by Council Member Hornbuckle, seconded Resoluton 88-58A by Council Member Wheeler, to amend Resolution 88-58 by Adopted adopting Resolution 88-58A, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DIREICTING THAT TWO REFERENDUM PETITIONS BE PLACED ON THE BALLOT FOR THE NOVEMBER 8, 1988, GENERAL MUNICIPAL ELDC- TION; stipulating that the ballot wording in Measure 2 be identical to that on Measure 1, changing the figures only, where appropriate, and adding a new Section (c) in Measure 1 which would read "setting building height on the north section of the property at 11 stories", and adding the corresponding section in Measure 2. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Hall, Amburgey ABSENT: COUNCIL MEMBERS: None NEW BUSINESS i; The Clerk presented a request to process a General Plan Amendment frcm Jack Hammett, 809 Presidio Drive, Costa Request to Process Mesa, to change the Land Use Designation from Low Den - General Plan sity Residential to Medium Density Residential for Amendment/Hammett. property located at 1953 Orange Avenue. The Deputy City Manager reviewed staff's memorandum dated August 8, 1988. The request does not meet any of the three screening criteria for acceptance and staff is recommending denial of this. Jack Hammett stated that the Planning Camnission was correct in their recommendations but some of the older sections in the City should be reviewed. He stated that the lots in this area of Orange Avenue are large, the hone on his lot is old and would require extensive and costly repairs. He asked that Council approve his request as he planned to build a duplex on his lot and requested that consideration be given to an R2 designa- tion for the area. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of single-family residences and fewer multiple units in the City. Council Member Wheeler spoke in favor of single-family !developments remaining in Rl neighborhoods and stated that this application does not meet the required criteria for approval. MOTION On motion made by Vice Mayor Amburgey, seconded by Mayor Processing of ,Hall, and carried 5-0, the request to process a General GPA Approved Plan Amendment for property at 1953 Orange Avenue, was ;approved including the other nine lots along Orange Avenue; from 20th Street to the alley (which can be construed as an extension of Walnut Street), and staff !was directed to prepare an analysis of zero lot line projects for this area. 1 123 RECESS Mayor Hall declared recess at 8:10 p.m., and the meeting reconvened at 8:25 p.m. PA -88-72 and The Clerk presented a request from John F. Biggs, au. - VT -13470 Biggs/ thorized'agent for R & A, Parcel 5 and A & R, Parcel 4, R & A, Parcel 5/ c/o Rutan and Tucker, 611 Anton Boulevard, Costa Mesa. A & R, Parcel 4 Environmental Detennination: EIR 1020 certified in 1984 applies. Planning Action PA -88=72 for a Final Development Plan for three office buildings (10, 15, and 15 stories) and one canmercial building (2 stories) totaling 825,256 square feet and two 6 -level parking structures. Vesting Tentative Tract Map Vr-13470 for a 5 -lot subdivision at 919, 925, 935, and 939 South Coast Drive in a PDC zone. The Deputy City,;Manager reported that this is the third phase for the Arnel Development Company's Metro Pointe Project. Nonnally, Council does not take action on Vesting Tentative Tract Maps but the Planning Commission denied Planning Action PA -88-72 and did not take action on the map, -therefore it is before Council for review. A.Vesting Map, according to State law, allows the pro- perty owner a minimum three-year period in which the land use and all Conditions of Approval would be vested. Neither the property owner nor the City would be allowed to make changes during that period of time without prior consent from the other party. The Deputy then presented the proposed project on transparencies. A memorandum from staff dated August 10, 1988, addresses the primary concerns of the Planning CaYunission: build- ing heights, intensities, and lack of public -oriented amentities. Discussion of several conditions have transpired between the applicant, Planning Commission, and staff. Specifically,_Condition of Approval No. 12, and Traffic Mitigation Measures/Conditions No. 51 and No. 55 were reviewed. Staff's memorandum dated August 19,1988,.addresses those concerns and provides recom- mendations as follows: Condition of Approval No. 12 consolidates Conditions of Approval No. 12, 13,=and -14 concerning a provision for a City Fire Station to be located at the northwest corner of the City and would require that Arnel Development Company pay its fair share at the time building permits are issued. A change to Special District Requirement 5a., con- cerning bus turn --out bays is being proposed which would have the final approval for the design deter- mined by the City's Public Services Department in accordance with the Orange County Transit District's guidelines. Traffic Mitigation Measure Condition No. 51 represents a consolidation of Measures No. 51 and No.. 55, and outlines the precise obligation of the developer to pay a Traffic Impact Fee. The condition is separated into two parts, Part A and Part B. Overall, the Arnel Development Company would be obligated to pay $8,541,048.00. hmnediate'street improvements have been identi-fied.in Part A. Part B identifies other circulation system improvements for North Costa Mesa. The Public Services Director stated he had additional proposed changes to.Traffic Mitigation Measure/Condition No. 51, Part A, and presented them to Council as follows: After the words ..."or have constructed the following" replace the present wording with ..."arterial inter- section improvements and shall fund the freeway access improvements" prior to... After the three projects listed, a new project is proposed, project four: "Design engineering for Condition 51, Part B, projects in an amount of $975,000.00". A new last sentence to the last paragraph is proposed as follows ..."In the event State approval for freeway improvements is not obtained prior to issuance of building permits, all funds for these improvements shall be used for other approved projects as identified in I-405 and/or North Costa Mesa Arterial Improvement Study, or.at Council's.direction, returned to developers." If the City is to provide the right-of-way for future construction projects, the only way the City will be able to determine what those right-of-way needs are, would be to proceed with the design. Adding project design engineering to Item 51, Part B, projects would accanplish this. The Deputy stated proposed revised changes to Mitigation Measure/Condition No. 52 relating to design access to the site would have the final design plan determined by the Transportation Services Manager, with final approval by the Director of-Public.Services. Council Member Wheeler felt it was important to know the criteria required.for�approval of Vesting Ten- tative Tract Maps. Council Member Hornbuckle recommended a change under Mitigation Measures of EIR 1020 for PA -88-72, Page 14, Noise, No. 19, "allow construction from Monday through Saturday, excluding Sunday". Vice Mayor.Amburgey expressed concern with restricting construction on Sundays, stating most of the noise from construction work performed on Sundays is done by homeowners themselves.. Robert Braunschweiger, General Manager, Albert C. Martin and Associates, 1800 Von Kannan Avenue, Irvine, presented slides depicting the previous phases of this project as well as what is proposed in this phase. He addressed mixed uses within the project, open space, parking, ccmposit of buildings, parking structures, and pedestrian and traffic circulation patterns. He stated the overall master plan was approved in 1984, and after attending numerous meetings with members of staff and the community, they feel the plan before Council responds to the needs of the ccmmunity and requested approval of it. 1 In response to a.question posed by Council Member Buffa, the Deputy City Manager.stated State law mandates that Vesting Maps be -allowed to be applied for, and this City has gone a step further in that it requires approval of the.land.use prior to approval of the maps. David Grossman, 915 Presidio Drive, Costa Mesa, spoke in opposition to dense developments and the adverse affects they create on traffic and City services. Michael Nutter, 3460 Plumeria Place, Costa Mesa, ex- pressed concern with construction noise, especially frau pile drivers. He does not believe the impacts of 15 -story buildings will be mitigated with buffers as proposed, and the buildings are too high because of their proximity to residential property. He is concerned about the proposed change made by the Director of Public Services and stated that if the State of California, Department of Transportation (CALTRANS) never approves the changes to the I-405 Freeway, the City would have a project without proper mitigation for it. Further, the Shade and Shadow Impacts Report indicates no shadows after 9:00 a.m. In his opinion, if shadows are cast be- fore that time,,there is an impact on residents adjacent to the project.; -He would be in favor of waiting until Phase II is completed and its impacts detennined before considering approval of'this phase. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, presented a history of zoning on this land and addressed traffic issues and building intensities. He requested denial of the density proposed on the grounds that it fails to mitigate the traffic to an acceptable level; the intensity of the project exceeds 1.0; the building heights impact the adjacent residential developments; the project has -no public amenities; and does not create positive financial revenue to the City until the hotel is added. Jay Humphrey agreed with the comments made by Messrs. Nutter and Williams, and requested that one member of Council abstain from voting because of the campaign contributions he has received frau the Arnel Development Canpany. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, spoke in opposition to the entire Metro Pointe project and stated, in his opinion, it would create adverse impacts on residential neighborhoods; it is too dense; the buildings are too high; the open space is insuf- ficient; it would create adverse impacts of noise and pollution; and he opposes the aesthetics of the build- ings. In addition, he requested that Vice Mayor Amburgey abstain.fran voting due to the contributions he has received from the Arnel Development Company. Sandra Genis,.1586 Myrtlewood Street, Costa Mesa, addressed requirements for approval of Vesting Tract Maps. She opposed the proposed project citing strains on City services and said that the total capacity of the sewer system should be reviewed and freeway improvements canpleted before further projects are considered. Sid Soffer, 900 Arbor Street, Costa Mesa, said if people worked in the same City in which they live, there would not be traffic problems and that the costs to the deve- loper for traffic mitigation measures are too high. David Ball, Arnel Development Company, 950 South Coast Drive, Costa Mesa, stated Phase III of this project is a culmination of 12 years of planning. He addressed traffic mitigation and said the measures applied in this City are very agressive and as stringent as any, in the nation. 128 At the request of Council Member Hornbuckle, Robert Braunschweiger addressed hardscaped and landscaped areas within the proposed project as well as open space and how those areas were proportioned. Mayor Hall recommended that the conditions addressed in staff's memorandum of August 15, 1988, and modifications presented by the Director of Public Services, be ad- dressed by the developer. David Ball stated they are in agreement with proposed Condition of Approval No. 12, and Special District Requirement 5a. Mr. Ball requested that Condition No. 51 be pre-empted by a statement indicating that it is a combination of Traffic Mitigation Measure Condition Nos. 51 and 55. Mr. Ball said that before the Council meeting, they understood that all of the intersections they would be responsible to fund were internal City intersections where they would be able to design without involvement of CALTRANS or the Federal Highway Administration. They agree with the general. concept presented by the Director of Public Services but the addition of the design and engineering for the Mitigation Measure/Condition No. 51, Part B, improvements would put undue hardship on them and they would be solely responsible for up -front fund- ing for design development of eight separate projects in North Costa Mesa. It was their understanding, prior to this evening, that they would pay a fair share for improvements as the projects advanced. Mr. Ball then requested that the design and engineering for 51, Part B, improvements be striken and stated that there is a mechanism for funding their fair share already mentioned which is in the form of an agreement, At Mayor Hall's request,.the Director of Public Services addressed the rationale for the recto mended changes. Mayor Hall stated that the Arnel Development Company is the first developer to cane forward for approval of a project since the initiation of the Traffic Impact Fee Program and the additional up -front funds are being requested of them. This..situation would have occurred with whomever was first. The Public Services Director confirmed the Mayor's statements. Discussion ensued regarding traffic improvements and fair share payments for them. Council Member Buffa asked if the $975,000.00 figure for design engineering included all of the projects listed under No. 51', Part B. The Director of Public Services responded that it included those for which there are figures provided as well as others, and does not include sone of the to -be -determined projects. Council Member Buffa recommended an addition to No. 51, Part B, first line. After the words ..."wishes to ccn - decided to accept Council Member Buffa's concept for 51, mence", add ..."design and/or"... and eliminate the. recommended addition for design engineering from No. 51, Part A. If this was handled project -by -project, the actual design costs could be�better determined as well as this developer's fair share for them. Council Member Hornbuckle felt that there was a need for up -front money to build projects. The Director of Public Services stated that if it is Part.B, there is also reference to an agreement within Part B which states "shall be paid or provided for pru- suant to an agreement". He said agreements could be phrased to'state that upon receipt of the Request for Proposals and prior to Council's award of design corn tracts, the developer would fund design at such time'as a bid is accepted. Mr. Ball concurred with this recom- mendation.and with the proposed revisions to Mitigation Measure/Condition No. 52. He asked that an addition be made to Condition No. 51, Part A, stating that whatever is paid under Part A would be credited against any obligations under Part B, in terms of total fees paid. Mr. Ball re ,quested.that two Conditions of Approval for.Vesting.Tentative Tract.Map 13470 be added as follows: 1. ."The applicant may file four separate phased final maps; one for each office and commercial building,, on this vesting tentative tract." 2. "Any Conditions of Approval for the vesting map shall be as finally approved by the City Council in its approval of the Final Development Plan." Mayor Hall asked if the developer were agreeable to all Conditions of Approval and.modifications discussed. David Ball replied that they were. MOTION` A motion was made by Council Member Buffa, seconded by Resolution 88-65 Vice Mayor Amburgey to take'the following action: Adopted/PA-88-72 Approved/VT-13470 To adopt Resolution 88-5, being A RESOLUTION OF THE 6 Approved CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING FINDINGS CONCERNING THE ENVIRONMENTAL ANALYSIS AND APPROVAL OF THE FINAL DEVELOPMENT PLAN AND VESTING TENTATIVE TRACT MAP FOR METRO POINTE PHASE 3; To approve PA -88-72 as per staff's evaluation and findings and subject to all Conditions of Approval'• _combine Conditions 12, 13, and 14, -and replace them with a new Condition 12, as reflected in Staff's memo- randum of August 15, 1988; Special District Requirement 5a. is to be replaced with a new condition as reflected in staff's memorandum of August 15,1988;add Condi- tions No. 5 and 6 to Conditions of Approval for Vesting Tentative Tract 13470.as outlined by the developer and presented in writing to the Deputy City Manager; revise Condition 19 (noise) under Mitigation Measures for EIR 1020 for PA -88-72 to indicate no outdoor construction on.Sundays; replace Conditions No. 51 and 55 with a new Condition No. 51, Part A and Part B as stated in staff's memorandum of August 15, 1988, with modifica- tions and additions outlined; and, revise Condition No. 52 as presented in staff's memorandum dated August 15, 1988; To approve Vesting Tentative Tract Map VT -13470 subject to Conditions with modifications as presented this even ing . Council Member Wheeler spoke in opposition to the motion -and felt the majority of Costa Mesa residents are against this development. He opposes Council granting everything that the developer requested. Council Member Hornbuckle said she will be voting against this project because it is too close to residen- tial development, the proposed building heights and project intensity are inappropriate for this area, and there is a lack of amenities. Sid Soffer, 900 Arbor Street, Costa Mesa,_stated he pulled all of the items referring to street and parkway improvements, especially re;atang to Measure "C" expen- ditures. He said there should be an explanation as to where these funds would be derived for the public's information. MOTION On motion by Council Member Buffa, seconded by Council Awarded to B-1 Member Wheeler,' the contract was awarded to B-1 Enter - Enterprise prise Corporation,'Post Office Box 714, Rancho Cucamonga, for $653,322.71. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Amburgey Vice Mayor Amburgey was absent during discussion on this item and abstained from voting. 19th Street The motion carried 3-2, Council Members Wheeler and Widening Hornbuckle voting no. MOTION jVice Mayor Amburgey left the Council Chambers and Awarded to returned later in the meeting. Appointment/Child The Clerk presented a request to appoint an additional Care Crnimittee member to the Child Care Cammittee. MOTION A motion was made by Council Member Hornbuckle, seconded Appointments by Council Member Wheeler, to appoint Dave Magnusen as Approved a member of the Child Care Committee, and Tina Reinemann as an alternate member to that committee.- The motion carried 4-0, Vice Mayor Amburgey absent. Measure "C" Item 6(b) on the Consent Calendar was presented: Meas - Parkway Maintenance ure "C" Parkway Maintenance 1988-89 (tree removal/plan- ting; curb/gutter and sidewalk removal/replacement; and other improvements on various streets). Sid Soffer, 900 Arbor Street, Costa Mesa,_stated he pulled all of the items referring to street and parkway improvements, especially re;atang to Measure "C" expen- ditures. He said there should be an explanation as to where these funds would be derived for the public's information. MOTION On motion by Council Member Buffa, seconded by Council Awarded to B-1 Member Wheeler,' the contract was awarded to B-1 Enter - Enterprise prise Corporation,'Post Office Box 714, Rancho Cucamonga, for $653,322.71. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Amburgey Vice Mayor Amburgey was absent during discussion on this item and abstained from voting. 19th Street Item 6(c) on the Consent Calendar was presented: 19th Widening Street Widening from Park Avenue to Anaheim Avenue. MOTION On motion by Council Member Buffa, seconded by Council Awarded to Member Wheeler, the contract was awarded to Fecit Strata Fecit Strata Construction, 10727 Leland Avenue, Whittier, for $368,804.25. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Amburgey Vice Mayor Amburgey abstained from voting on this item as he was absent during discussion. Notice of.Canple- Item 10(a) on the Consent Calendar was presented: 1987- tion Sully -Miller ! 88 Street Maintenance - Street Reconstruction (Brentwood Contracting Company ! Place, Chestnut Avenue, College Drive, El Camino Drive, Hickory Place, Mendoza Drive, Monte Vista Avenue and 1987-88 Street Susannah Place). The work has been completed to the Maintenance/Street satisfaction of the Director of Public Services by Sully - Reconstruction Miller Contracting Canpany, Post Office Box 432, Orange. 1 MOTION On motion - by Council Member Wheeler, seconded by Council Work Accepted Council Member Hornbuckle, the work was accepted; the Clerk was authorized -to file a Notice of Conpletion; authorization was.given to -release retention funds 35 days thereafter; the -Labor and Materials Bond was or- dered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. 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 Notice of Canple- Item 10(b) on the.Consent.Calendar was presented: tion Challenge Measure "C" Parkway Maintenance 1987-88 (tree removal, Engineering curb and gutter and sidewalk removal and replacement, and other improvements on various streets). The work Measure "C" Parkway has been canpleted to the satisfaction of the Director Maintenance 1987-88 of Public Services by Challenge Engineering, Incor- porated, 4761 Lincoln Avenue, Cypress. MOTION On motion by Council Member Wheeler, seconded by Council Work Accepted Member Hornbuckle, the work was accepted; the Clerk was authorized to file.a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Materials Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12'months thereafter. 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 Budget.Adjustment Item 11(a) on the Consent Calendar was presented: Bud - No. 89-08 get Adjustment No. 89-08. Fairview Road On motion by Council Member Buffa, seconded by Council Overcrossing at Member Wheeler, Budget Adjustment No. 89-08 for I-405 Freeway $15,000.00, to design the Fairview Road Overcrossing at the Interstate 405 Freeway, was approved by the following MOTION roll call vote: - Adjustment AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment No. 89-15 Iowa Street Retaining Wall MOTION Adjustment Approved Item 11(b) on the Consent Calendar was presented: Bud- get Adjustment No. 89-15. On motion by Council Member Buffa, seconded by Council Member Wheeler, Budget Adjustment No. 89-15 for $40,000.00, to design and construct the Iowa Street Retaining Wall,.was approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None Basic Pay Schedule/ Item'16 on the Consent Calendar was presented: Basic Add Classificiation Pay Schedule and adding one classification to Executive to Executive Salary Salary Schedule. Schedule Council Member Wheeler stated he will be abstaining from voting, on this -item as well as the next one due to a conflict of interest,because of his representation of one of the police officers in the City. MOTION On motion.by Council-Member Buffa, seconded by Council Resolution 88-66 Member Hornbuckle, Resolution 88-66, being A RESOLUTION Adopted increase effective.the first pay period of July, 1989, OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- and a 1.25 percent increase effective the first pay FORNIA, ESTABLISHING THE BASIC PAY SCHEDULE, ESTABLISHING i THE RATES OF PAY FOR THE CLASSIFICATIONS AND EMPLOYEES PLACED UNDER THE BASIC PAY SCHEDULE, AND ADDING ONE CLASSIFIATION TO THE EXECUTIVE SALARY SCHEDULE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION ABSTAIN: COUNCIL MEMBERS: Wheeler Agreement Council Member Hornbuckle commended the Personnel Approved Department, and:in particular the Personnel Director, for their excellent work in negotiating employee con- tracts. Retirement Plan/ Item 17 on the Consent Calendar was presented: Resolu- Safety Employees j tion amending the Retirement Plan for Safety Employees. i MOTION On motion by Council Member Buffa, seconded by Council Resolution 88-67 Member Hornbuckle, Resolution 88-67, being A RESOLUTION Adopted OF THE CITY.COUNCIL OF THE CITY OF COSTA MESA, CALI- Fees for FORNIA, AMENDING THE RETIREMENT PLAN FOR SAFETY EMPLOYEES Freeway Ramps OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, _. Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Wheeler CITY MANAGER The City Manager presented a tentative agreement with REPORT the Costa Mesa City Employees Association and reported that this agreement is supported by the Association.. Tentative The tentative agreement includes a salary increase of 5 Agreement with percent effective July 31, 1988, an additional 5 percent City Employees increase effective.the first pay period of July, 1989, Association and a 1.25 percent increase effective the first pay period in January, 1990. i If the April 1988 - April,1989 Consumer Price Index for the Los Angeles/Long Beach/Anaheim area equals or exceeds 7 percent, the association may request to exercise a contract reopener-to address the salary increase for the second year. Also included in the tentative agreement are provisions concerning disability retirement, health premiums, long term disability,.and sick leave incentives. MOTION On motion by Council Member Hornbuckle, seconded by Agreement Council Member Buffa, the tentative agreement was Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ORAL COMMUNICATIONS Michael Nutter, 3469 Plumeria Place, Costa Mesa, addressed street repairs and construction taking place Street Repairs in the Greenbrook Tract. Fees for Sid Soffer, 900 Arbor Street, Costa Mesa, addressed Freeway Ramps fees charged for freeway and access ramps. COUNCILMANIC Council Member Wheeler addressed landscaping which has COMMENTS been removed from the median on Yukon Street. The City Manager reported that discussions and meetings have Landscaping/ transpired between City staff and the citizen concerned; Yukon Street a plan has been finalized which is acceptable to all parties; and a letter will be sent to the citizen out- lining the plan. Day Workers Vice Mayor Amburgey reported that the camnittee appointed to address the day worker issues has found a tentative location for use as a hiring hall for legal aliens. 'The site is at 1697 Placentia Avenue. The Immigration and Naturalization Service will be assisting and providing a canputer so that alien cards can be checked for veri- fication of legality, and the Employment Development Department will also be assisting. The Vice Mayor stated that the contractors are enthusiastic about the arrangement. ADJOURNMENT The Mayor declared the meet' aaj urned at 11:2 p.m. r Mayor of the City of Costa Mesa City_Clerk--of the City -of Cos Mesa