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HomeMy WebLinkAbout09/19/1988 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 19, 1988 The City Council of the City of Costa Mesa, California, net in regular session September 19, 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 Denis Lyons, St. John the Baptist Catholic Church. Council Members Present: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Council Members Absent: None Officials Present: City Manager, City Attorney, Deputy City Manager, Public Services Director, City Clerk MINUTES On motion by Council Member Wheeler, seconded by Council September 6 Member Buffa, and carried 5-0, the minutes of the and 7, 1988 regular meeting of 'September 6, 1988, and adjourned regular meeting of September 7, 1988, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, to read all ordinances by title only. REPORT Bill Bandaruk, Trustee Representative to the Orange Vector Control County Vector Control District Board, presented his District report in two parts: What the District has accomplished during the last 10 -month period; and, the history of how Vector Control came into being. He stated it has been a pleasure serving the City for the past 10 years, and Mayor Hall canplimented him for the work he has done. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 9, Budget Adjustment 89-22 for $2,500,000.00; and Item 11(b), Final Map for Tract 13580. On motion by Vice Mayor Amburgey, seconded by Council Member Buffa, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Vice Mayor Amburgey, seconded by Council Member Buffa, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Elizabeth Burden; Chris. Morris; JoAnn W. Merrill and Harry Merrill; Helen Vitucci; Josephine L. Nelson; and, Ann Louise Hibbs . . Alcoholic Alcoholic Beverage.License applications for which 'Beverage parking has been approved,by;the Planning staff: Jim :Licenses Suh and Yong S. Suh, doing business as Mr. Buck's Liquor, 2989 Fairview Road; Cheong Kwong Lam, doing business as Wahoo's Fish Tacos, 1862 Placentia Avenue; and Charles T. Bonner, doing business as Steven's Pharmacy, 1525 Mesa Verde Drive East, Suites 101 and 103. Sister Cities Communication from John W. Osborne Jr., President Program UNA--USA, Southern California Division, 980 E1 Camino Drive, Costa Mesa, in support of the Sister Cities Program and offering their support and assistance. Rename Industrial Communication from Tom Davis, 1527 Newport Boulevard, Way to Jordan Way No. 32, Costa Mesa, requesting Industrial Way be renamed Jordan Way, in recognitition of the late civic and carnnunity leader, Willard T. Jordan. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Spanish Seventh-Day Adventist Seventh-Day -Church, 271 Avocado Street, Costa. Mesa, by door-to-door Adventist Church solicitation from November 1, 1988, to January 10, 1989. Or. motion by Vice Mayor Amburgey, seconded by Council MOTION Member Buffa, and carried 5-0, the permit was approved Permit Approved with application of Municipal Code Section 9-229. CHOC Thrift Notice of Intention to Appeal or Solicit for Charitable Stores Purpose was received from Children's Hospital of Orange County Thrift Stores, Incorporated, doing business as MOTION CHOC Thrift Stores, 2025 West -First Street, Santa Ana, Permit Approved by collection of reuseable household items and clothing from October 1, 1988, to October 1, 1989. On motion by Vice Mayor Amburgey, seconded.by Council Member Buffa, and carried 5-0, the permit was approved with applica- tion of Municipal Code Section 9-229. WARRANT On motion by Vice Mayor Amburgey, seconded by Council Member Buffa, Warrant Resolution 1406, including Payroll MOTION 8818, was approved by the following roll vote: Warrant 1406 AYES:. COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIM On motion by Vice Mayor Amburgey, seconded by Council Member Buffa, and carried 5-0, the claim from Melvin Bray Bray.was rejected.. - ADMINISTRATIVE ACTIONS Bid Item No. 820 Street Sweeper MOTION Awarded to Nixon -Egli Company Purchase of Undercover Radio Equipment MOTION - - Purchase Approved Bids received for Bid Item No. -820, furnish one Street Sweeper, are on file in the Clerk's office. On motion by Vice Mayor Amburgey, seconded by Council Member Buffa, the contract was awarded to Nixon -Egli Equipment Company, 12030 Clark Street, Santa Fe Springs, for $97,263.60. 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 Staff requested:approval to purchase Undercover Radio Equipment from sole source vendor, Tactical RF, Incor- porated, 8 Hill Street, Norfolk, Massachusetts, for $6,550.00. On motion by Vice Mayor Amburgey, seconded by Council Member Buffa, the purchase was approved by the following roll call vote;:-- AYES: COUNCIL MEMBERS:` Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS:" None ABSENT: COUNCIL MEMBERS: None Change Order No. 1 The Director of Leisure Services recommended approval of Damen Construction Change Order No. 1 for $8,933.04 to the contract with Damon Construction Company,�500 East Gardena Boulevard, Mesa Verde Drive Gardena, in conjunction with the Mesa Verde Drive Loop Loop Renovation Renovation project. The change order is required to MOTION re-establish the original survey marks and controls on Change Order the loop. On motion by Vice Mayor Amburgey, seconded by Approved Council Member Buffa, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "A" The Director of Public Services reccmmended approval of BSI Consultants Change Order "A" for $15,780.00 to the contract with BSI Consultants, Incorporated, 16880 West Bernardo Drive, Construction San Diego, in connection with Public Works Construction Inspection Services Inspection Services. The change order is required for Adopted inspection services in conjunction with the northbound MOTION Interstate 405/Harbor Boulevard off -ramp construction Change Order project. On motion by Vice Mayor Amburgey, seconded by Approved Council Member Buffa, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, (Final Map for Hornbuckle, Buffa Tract 13456 NOES: COUNCIL MEMBERS: None Newport Harbor ABSENT: COUNCIL MEMBERS: None New Employee On motion by Vice Mayor Amburgey, seconded by Council Classification Member Buffa, Resolution 88-73, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AMENDING RESOLUTION NO. 88-66 AND ADOPTING A CLASSIFI- Resolution 88-73 CATION UNDER THE BASIC SALARY SCHEDULE, adding the Adopted position of Administrative Aide, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None (Final Map for The Final Map was presented for Tract 13456, Newport Tract 13456 Harbor Builders, 1825 Westcliff Drive, Newport Beach; Newport Harbor six lots, 0.79 -acre, located at 276-280 Santa Isabel Builders Avenue, for condominium purposes. On motion by Vice Mayor Amburgey, seconded by Council Member Buffa, the map was approved; Council did accept on behalf of the MOTION public the dedication of an easement for emergency and Map Approved security vehicle purposes over that area shown on the map; did also approve subject map pursuant to the pro- visions of Section 66436(a)(3)(A) of the Subdivision Map Act; and the Clerk was authorized to sign said map on behalf of the City. The motion carried by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Consulting Services/ On motion by Vice Mayor Amburgey, seconded by Council Shalimar Avenue Member Buffa, the .City Manager was authorized to nego- Housing Project tiate an agreement with Edward Henning and Associates, 6043 Friends Avenue, Whittier, in an amount not to MOTION exceed $11,000.00, in connection with the Shalimar Contract Negotiation Avenue project. The motion carried by the following Authorized 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 'Time for Processing for the public hearing -to consider an amendment to Title Certain Applications 13 of the Costa Mesa Municipal Code to require applica- tions to be processed within 20 to 60 days of acceptance. Im Environmental Determination: Exempt. The Affidavit of Publication is on file in.the Clerk's office. No conn munications were received. The Deputy City Manager summarized staff's memorandum of September 12, 1988. The proposed amendment would allow an additional 15 days to prepare an application for Planning Cammission review. The CCLULission has recanmended adoption of an ordinance based on staff's analysis that it would alleviate some of the time con- straint pressure on staff.and still keep the processing period fairly short. At Vice Mayor Anburgey's request, the Deputy City Manager explained the manner in which the Planning Division assigns and processes applications. Council Member Hornbuckle asked what time frame is allowed by State,,14w for processing applications. The Deputy City Manager referenced staff's memorandum to the Planning Camnission dated August 16, 1988, which pre- sents the various California Government Code Sections 65950-65956 time limits for processing applications. Essentially, if the project includes an Environmental Impact Report (EIR), then the final decision must be reached within one year from the date the project appli- cation is accepted as complete. If the project is subject to a Negative Declaration or is exempt, then the final decision must be reached within six months and a public hearing must occur at least 60 days prior to the end of the decision time period. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hornbuckle, seconded Ordinance 88-14 by Council Member Buffa, to give first reading to Ordi- Given First nance 88-14, being AN ORDINANCE OF THE CITY COUNCIL OF Reading THE CITY OF COSTA MESA, CALIFORNIA, REGARDING PLANNING ACTION AND REZONE PETITION APPLICATION PROCESSING TIME. Vice Mayor Amburgey.expressed concern with extending the time for processing applications and stated in most instances staff is.processing applications within 45 days. AMENDED MOTION After discussion, Council Member Hornbuckle amended her Staff Authorized motion to reflect that any extension beyond the 45 -day to Approve period be approved by the Deputy City Manager - Develop - Extension ment Services. The amended motion was seconded by Council Member Buffa, and the ordinance was given first reading and passed to second reading 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 Authority of for the public hearing regarding amendments to Titles 13 Zoning Administrator and 17 of the Costa Mesa Municipal Code to allow grant- ing of administrative adjustments by the Zoning Adminis- trator and delegating certain Planning Actions to the Zoning Administrator. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's.office. No camunications were received. -i? 5a The Deputy City Manager outlined his memorandum dated September 15, 1988, and attachments thereto. Staff is recommending these amendments to expand and further define the role of the Zoning Administrator and to establish procedures for the consideration of adminis- trative adjustments. If approved, the number of applications processed through the Planning Commission would be lessened. The Deputy City Manager presented the amendments on transparencies. In summation, he stated that the pro- posed ordinance would direct the less complex items to a staff member where presently they go before the Planning Commission. Some of the benefits would be less paper- work, improved productivity, and additional time for staff to work on more complex issues. Mayor Hall recommended that the Minor Conditional Use Permits processed through the Planning Commission for industrial uses be investigated. He felt those which are similar to past permits which received 100 percent approval be processed through the Minor Conditional Use Permit process until such time as the industrial zone ordinance is revised to reflect new uses. Council Member Hornbuckle felt that "1" and "m" listed under Section 13-354, Minor Conditional Use Permits, should be reserved for approval by the Planning Commiss ion . At the request of Council Member Hornbuckle, the Deputy City Manager explained the noticing and processing requirements for Zoning Administrator actions. Council Member Wheeler felt items "c", "g", Hill, " n m , "n" and "o" under Section 13-354 should be accomplished through the public hearing process and not by a Zoning Administrator. He does not consider these as minor but.as items of major concern and importance to the City and its citizens. Mayor Hall asked if Minor Conditional Use Permits have the same provisions attached to them as are attached to regular Conditional Use Permits, and if they can be revoked at anytime if there is a violation of any condition imposed. The Deputy City Manager responded affirmatively, adding that everything except the review and approval process would.remain the same. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of the proposed ordinance. There being no further speakers, the Mayor closed the public.hearirg. Vice Mayor..Amburgey spoke in favor of the proposed ordinance indicating some of the advantages it would provide. He stated it does allow for modifications in the future should they be deemed necessary. MOTION A motion was made by Vice Mayor Amburgey, seconded by Ordinance 88-15 Mayor Hall, to give first reading to Ordinance 88-15, Given First being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Reading COSTA MESA, CALIFORNIA, AMENDING TITLE$ 13 AND 17 OF THE CITY OF COSTA MESA MUNICIPAL CODE TO ESTABLISH AEMINIS- TRATIVE ADJUSTMENT PROCEDURES AND TO DELEGATE CERTAIN PLANNING ACTIONS TO THE ZONING ADMINISTRATOR. Council Member Hornbuckle asked if Vice Mayor Amburgey would consider removing '_'1", "m", and "n" under Section 13-354 with the.understanding that they could be added at a later date by resolution as indicated in "q" under that section. Vice Mayor Amburgey responded that it is his desire to leave the ordinance as presently written, determine the workability of the items, and then, if it were found that they should be removed, accomplish this by resolution as indicated in %", Section 13-354. Council Member Buffa said he cannot support the motion as presented. He does support expanding the use of Minor Conditional Use Permits administered by the Zoning Administrator but does not consider "l", "m" and "o" in Section 13-354 minor uses. SUBSTITUTE.MOTION A substitute motion was made by Council Member Wheeler, Delete Items Under seconded by Council Member Buffa, to give Ordinance 88-15 Section 13-354 first reading with.the deletion of the following items under Section 13-354 Minor Conditional Use Permits: g. Accessory apartments or second single-family dwelling units not including granny units. j. Residential density calculation round -up. 1. Establishments where food or beverages are served GP -88-,4 General Plan Amendment GP -88-4, City of Costa Mesa, City of Costa Mesa to include a Transportation Management Element. Environmental Determination: Negative Declaration. Transportation The Affidavit of Publication is on file in the Clerk's Managment Element office. No communications were received. (within two hundred [200] feet of a residential zone) including outdoor seating for such estab- lishments. m. Theaters (within two hundred [200] feet of a residential zone). n. Automotive repair shop (within two hundred [200] feet of a residential zone). o. Temporary parking lot sales in commercial zones, not to exceed.five (5) days duration and no more than two (2) parking lot sales annually. Council Member Hornbuckle stated if "o" were deleted, parking lot.sales would not be examined at all. AMENDED SUBSTITUTE Council Member Wheeler amended his substitute motion to MOTION/Item.."o" leave "o" in -the proposed'ordinance under Section 13-354 Modified, Staff with the following modification. After the last word, Directed to Prepare "annually"., add... "and only in areas not adjacent to Ordinance residential zones"; -and to direct staff to prepare an ordinance requiring a Conditional Use Permit for parking lot sales in ccw¢mercial zones. The amended motion was seconded by Council.Member Buffa, and Ordinance 88-15 was given first reading and passed to second reading with amendments and staff direction by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Amburgey ABSENT: 'COUNCIL MEMBERS: None PUBLIC HEARINGS The Clerk announced that this was .the time and place set for the following public hearings: GP -88-,4 General Plan Amendment GP -88-4, City of Costa Mesa, City of Costa Mesa to include a Transportation Management Element. Environmental Determination: Negative Declaration. Transportation The Affidavit of Publication is on file in the Clerk's Managment Element office. No communications were received. Transportation Amendment to Title 13 of the Costa Mesa Municipal Code System Management by adding Transportation System Management standards. Standards Environmental Determination: Exempt. The Affidavit 'of Publication is on file in the Clerk's office. No communications were received. The Deputy City Manager presented background information, analysis,.proposed recommended changes to the element and ordinance, and recommendations as outlined in his memorandum dated September 15, 1988, and attachments thereto. The Deputy stated the element is intended to integrate traffic mitigation into the City's planning and develop- ment process and to complement other General Plan elements including the circulation, housing, and land use elements. The proposed ordinance is designed to provide the enabling framework to develop and adopt a comprehensive transportation system improvement program and a Citywide development fee program. A standard level of service of "D" or better is also established for all signalized arterial intersections controlled by the City during peak hours Monday through Friday. As drafted, the ordinance applies to the following project approvals: General Plan Amendments, Specific Plans, Rezones, Development Reviews, Variances, Use Permits, Development Agreements, and Preliminary and Final Development Plans. In reply to a question posed by Council Member Buffa, the Deputy City Manager stated that the Citywide traffic model should be completed in approximately three months. Council Member Hornbuckle asked what source of funds would be -utilized for the developer reimbursements referenced in Item B 2a under Section 13-327 of the proposed ordinance. The Deputy City Manager responded and a more extensive explanation will be forthcoming. Discussion followed regarding Assembly Bill 1600, and the Deputy City Manager stated this proposed process follows thenew legislation. Sid Soffer, 900 Arbor Street, Costa Mesa, felt that projects should be reviewed after they are built and a determination made at that time if there were in- creases in traffic as a result of the projects. Mayor Hall stated Item D 3 under Section 13-327 of the proposed ordinance provides a method for monitoring traffic impacts over a period of time. George Sakioka, Sakioka Farms, 14850 Sunflower Avenue, Santa Ana, stated some uses such as mixed-use develop- ments have high average daily trips but may not have high impacts on a.m. or p.m. peaks. These uses would be penalized under the Interim Traffic Fee Program outlined in the Staff Report. The Deputy City Manager explained the Interim Traffic Fee Program and stated a program has not yet been developed which gives credit to those uses not affecting a.m. and p.m. peak hours. By using the South Coast Metro traffic model and the City- wide traffic model, equitable fees will be proposed in the near future for improvements necessary Citywide. In summation, Mr. Sakioka requested that the fees for mixed uses be investigated as part of the traffic miti- gation program., J 1 4 Council Member Hornbuckle mentioned that this has been addressed by the General Plan Steering Committee. Item 9 has been added.to Page.7 of the General Plan's Trans- portation Management Element, and states "The City shall develop a methodology for forecasting trip generation for mixed-use developments". This will be beneficial as progress:is made in the .Transportation Managment Element. Cohn Macken, Transpacific Development Company, 2377 Crenshaw Boulevard, Suite -300, Torrance, asked if exist- ing commercial development will be addressed when the actual trip fees are broken down. The Deputy City Manager responded that this subject has been discussed and it was decided that they will not be included as all recent developments have paid fees. Further, even though these fees might not.have been what is felt adequate at this time,.it would not be practical to retroactively recalculate them unless an Assessment District were applied to the entire north end of the City. There being no further speakers, the Mayor closed the public hearings.-- , MOTION . On motion by Council.Member Hornbuckle, seconded by Vice Negative Declaration Mayor Amburgey, and carried 5-0, the Negative Declara- Adopted tion of E,nvironmental:Impact was adopted. MOTION A motion was made by Council Member Hornbuckle, seconded Resolution.88-74 by Vice Mayor Amburgey, to adopt Resolution 88-74, being Adopted A RESOLUTION OF THE,CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -88-4, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA BY ADOPTION OF A.TRANSFORTATION MANAGEMENT ELEMENT. 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 MOTION On motion by Council Member Hornbuckle, seconded by Vice Ordinance 88-16 Mayor Amburgey, Ordinance.88-16, being AN ORDINANCE OF Given First THE CITY.COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading AMENDING TITLE 13 OF THE CITY OF COSTA MESA MUNICIPAL CODE,TO-ESTABLISH�TRANSPORTATION SYSTEM MANAGEMENT PRO- CEDURES, was given first.reading and passed to second reading 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 DA -88-01 to consider Development Agreement DA -88-01 between the City/Costa.Mesa City of Costa Mesa and the Costa Mesa Redevelopment Redevelopment Agency, pertaining to development of a commercial center containing approximately 185,000•square feet on a 4.5 - acre site bordered by Newport Boulevard, Harbor Boule- vard, and 19th.Street,,in a C2 zone; and implementing a proposed disposition and development/owner participation agreement and the Downtown Redevelopment Plan pursuant to Community Redevelopment Law. Environmental Detemina- =tion: Supplemental Environmental Impact Report (EIR) No. 1026 certified in December, 1985, The Affidavit of Publication is on file in the Clerk's office. No com- munications were received. The Deputy City Manager stated that this is the first City development agreement to be reviewed and it follows 'the guidelines set forth by Council. 158 Celeste Brady, Agency Special Council, Stradling, Yocca, Carlson and Routh, 660 Newport Center Drive, Suite 641, Newport Beach, stated that this development agreement is unique.in that it is between the City and the Costa Mesa Redevelopment Agency. The Agency is presently acting under a negotiation agreement with Triangle Square Associates concerning the redevelopment of the triangle block. The development agreement between the City and Redevelopment Agency will create a certainty in the development process by establishing a time certain as to the rules, policies, and regulations in effect concerning this proposed development. The terms and conditions of the development agreement require the developer to comply with all Conditions of Approval through the entitlement process. Council Member Wheeler asked if the City would derive anything from entering into this development agreement that it would not derive by imposing conditions on the project. Mrs. Brady responded that the City would not but the Redevelopment Agency would. Council Member Wheeler felt that the agreement should not be entered into if the City would not derive bene- fits from it. He said that it would be of benefit to the developers and protect them from actions the voters may or may not pass in the November 8, 1988, election. He said that there have been several developers in- terested in developing this parcel and the only thing the City would derive by entering into this development agreement is assurance that a project would be built by this developer. Mrs. Brady stated that policies and objectives were es- tablished at the time an ordinance was adopted for a redevelopment plan and this carries out those objectives. Council Member Wheeler said that his question regarding what benefits the City would derive frau entering into this development agreement have not been answered. The City Manager, speaking as Executive Director for the Redevelopment Agency, responded to Council Member Wheeler and stated that the City has not had developers lined up to develop this parcel. Council's actions regarding the land -use study for the downtown area clearly indicate what Council, acting as the Redevelop- ment Agency, voted for development on this parcel. The proposal currently before the Agency responds to that objective and this project would carry out the goals of the Redevelopment Agency and subsequently the interest of Council in downtown redevelopment. The project itself, in terms of conditions, does not include any- thing that differs from any other project. However, the project does differ from a redevelopment standpoint in that tax dollars are invested in the project which would not be for private development on other parcels within the City. The standards would be the same, and there is no additional gain for the City above and beyond carrying out the redevelopment plan which is one of the goals set by Council. Council Member Wheeler disagreed with the statements that there has not been an expression of interest in development of this land and cited past occasions. Mayor Hall said if Initiative Measure "G" does pass in November this project probably could not be built. It is the majority of Council's belief that this project meets the needs and creates an environment which will enhance the downtown area. In his opinion, the City would gain by a development agreement on this project and, after many years, has found a project which would be of benefit to the community. He said that entering into this development agreement would guarantee that the project will be built in the redevelopment area. Council Member Wheeler stated it is Council's duty to insure the citizens that their votes mean something. Millie Summerlin, Principal Planner for the Redevelop- ment Agency, presented minor modifications to Exhibit ."B" of the development agreement which are outlined in staff's memorandum dated Sepember 16, 1988. Jerry Klein, Triangle Square Associates, 33161 Camino Capistrano, Suite A, San Juan Capistrano, stated he is available to answer questions. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of this.development agreement. There being no further speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Amburgey, seconded by Resolution 88-75 Council Member Bu"ffa,.to adopt Resolution 88-75, being A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSH MESA, CALIFORNIA, CERTIFYING"AN EARLIER ENVIRONMENTAL IMPACT REPORT AND MAKING FINDINGS REGARDING THE ENVIRONMENTAL IMPACT.OF THE -PROPOSED TRIANGLE SQUARE DEVELOPMENT. Council Member Wheeler stated that the earlier Environ- mental Impact.Report No. 1026 was certified in 1985, and substantial differences in traffic flow and housing have taken place since that time. It also does not consider the impact of this retail space. For these reasons, and those previously stated, the EIR is inadequate and he will not support its certification. In response to a question posed by Council Member Hornbuckle, the City Manager stated that traffic studies have been initiated for this project. Resolution 88-75 was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS:. None MOTION A motion -was made by Vice Mayor-Amburgey, seconded by Ordinance. 88-17 Council Member Buffa, to give first reading to Ordinance Given First 88-17, being AN ORDINANCE OF THE CITY COUNCIL OF THE Reading CITY OF COSTA MESA, CALIFORNIA, APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE COSTA MESA REDEVELOPMENT AGENCY, with minor modifications to Exhibit "B" as follows: First paragraph, first sentence to read "The site shall be designed and developed as a high-quality, mixed-use ccmmercial complex with up to 205,.000 square feet of gross leasable building area". Second paragraph, second sentence to read "Towers and other architectural elements shall not exceed"80 feet above sidewalk grade. Council -Member Wheeler stated that he does not consider these modifications as minor and cited the reasons why he opposes the motion. -3 C' 1) 3- o9 .-T, Council Member Hornbuckle spoke in favor of this development because it is between the City and the Redevelopment Agency and provides protection for the Redevelopment Agency which is investing public monies. Ordinance 88-17 was given first reading and passed.to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared recess at 8:35 p.m., and the meeting reconvened at 8:50 p.m. OLD BUSINESS The Clerk presented Ordinance 88-11 for second reading ft 88-03 and adoption, in connection with Rezone Petition R-88-03, Newport Beach The Planning Associates/Newport Beach Budget Motel Budget Motel Corporation. MOTION A motion was made by Council Member Buffa, seconded by Ordinance 88-11 Vice Mayor Amburgey, to adopt Ordinance 88-11, being Adopted AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT 121 ALBERT PLACE AND 120 CECIL PLACE FROM R2 TO Cl. Council Member Wheeler opposed the motion and stated that it would set a negative precedent and bring com- mercial development into a primarily R1 neighborhood. He said it was unwise planning and development. Council Member Hornbuckle concurred with Council Member Wheeler and stated that she would be voting against the motion. Vice Mayor PR burgey stated that the majority of this rezone concerns a parking lot which has been in place for many years. Ordinance 88-11 was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler, Hornbuckle ABSENT: COUNCIL MEMBERS: None Name Change The Clerk presented Ordinance 88-12 for second reading to Transporta- and adoption, changing the mane of the Traffic tion Commission Carat ission to the Transportation CcaTmission. MOTION On motion by Council Member Hornbuckle, seconded by Ordinance 88-12 Council Member Wheeler, Ordinance 88-12, being AN Adopted ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 10, CHAPTER II, SECTIONS 10-44 THROUGH 10-47 OF THE COSTA MESA MUNICIPAL CODE, changing the name of the Traffic Canmission to the Transportation Commission, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented recommendations from Vice Mayor Advertising and Amburgey and Council Member Buffa concerning requests .Promotion Funding for promotion and advertising funding. Vice Mayor.hnburgey outlined a memorandum dated September 15, 1988, fran Council Member Buffa and himself. After further review, they are recommending that Item No. 4, frau the Estancia High Tennis Booster Club, and Item No. 7, fran Leadership,Tomorrow,'be investigated further and additional information brought back at the next Council meeting. MOTION A motion was made by Council Member Buffa, seconded by Funding Approved Council-Member.Wheeler, to approve the funding requests Items 4 and 7 with the exception of Items No. 4 and No. 7 which will Held Over to be brought back at the meeting of October 3, 1988. The October 3, 1988 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 9 on the Consent Calendar was presented: Budget 89-2'2 Adjustment 89-22 for $2,500,000.00 for acquisition of Victoria Street right-of-way on Victoria Street between Harbor Boule- Widening vard and Canyon Drive for the Victoria Street Widening project. Council Member Wheeler stated that he opposes the Victoria Street Widening project. In his opinion, the costs for the project far outweigh the benefits. He will vote against approval of this budget adjustment and against any other action which would facilitate the condemnation of hcanes along Victoria Street. The City Manager stated that this budget adjustment is being recarnnended in advance of receipt of proceeds fran the bond sale. It -may or may not be necessary to draw upon these funds depending on when these proceeds are received. MOTION A motion was made by Council Member Hornbuckle, seconded Adjustment by Vice Mayor Amburgey, to approve Budget Adjustment Approved 89-22. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Final Map for Item 11(b) on the Consent Calendar was presented: Final Tract 13580 Map for Tract 13580, Arnel Development Company, 950 Arnel Development South Coast Drive, Suite 200, Costa Mesa; four lots, Conpany 7.36 acres, located at the southwesterly portion of the 900 block of South Coast Drive. Council Member Wheeler felt that all fees should be paid as soon as the right to build is granted and before the developer is given the ability to build. The Public Services Director responded to questions posed by Mayor Hall regarding map approvals and fees paid. MOTION On motion by Vice Mayor Anburgey, seconded by Mayor Map Approved Hall, the map was approved; Council did accept a 12 - foot public access easement for sidewalk purposes as dedicated; did also approve said map pursuant to provi- sions of Section 66436(a)(3)(A) of the Subdivision Map Act; and the Clerk was authorized to sign said map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented background information out - REPORTS lined in staff's memorandum dated September 15, 1988. The services of this contract are considered to be Part Right -of -Way II of the overall project coordination for the widening Services/Victoria of Victoria Street from Canyon Drive to Harbor Boulevard. ,street Widening The properties to be acquired are established by the precise alignment of Victoria Street which was adopted at the regular Council meeting of September 6, 1988. MOTION A motion was made by Vice Mayor Amburgey, seconded by Awarded to Council Member Buffa, to award the contract to Security Security Land and Land and Right -of -Way Services, Incorporated, 4500 East Right -of -Way Pacific Coast Highway, No. 320, Long Beach, in an amount Services not to exceed $250,000.00. Council Member Wheeler opposed the motion for reasons previously stated regarding the Victoria Street Widening project. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None ORAL John Feeney, 1154 Dorset Lane, Costa Mesa, addressed (MMMUNICATIONS the adverse effects on the ccmmunity as a result of the concerts at the Pacific Amphitheatre. Mayor Hall stated that staff and Council are regularly meeting with the operators of the amphitheatre regarding the problems and addressing possible solutions for them. Vice Mayor Amburgey recommended that members of the ccmmunity write to their State legislators regarding their concerns with the Pacific Amphitheatre. He said that it would require legislative action to allow the City to govern what transpires at the Pacific Amphi- theatre and Orange County Fairgrounds. Historical Society Charles Beecher, President of the Historical Society, 200 Magnolia Street, Costa Mesa, thanked Council for the funds granted to the Society. Council Member Hornbuckle thanked Mr. and Mrs. Beecher for their participation in the Leadership Tomorrow program. when they acted as ambassadors and tour guides presenting a narrated tour of the City by bus. Council Member Wheeler stated very few cities have a historical society and thanked our Historical Society members for the work they do and for their informative newsletter. Traffic Signals Sid Soffer, 900 Arbor Street, Costa Mesa, recommended using police officers for directing traffic instead of ,traffic signals at designated intersections for special events. He then addressed synchronization of traffic signals on 19th Street, between Placentia Avenue and Newport Boulevard. COUNCILMANIC Council Member Wheeler congratulated the Chamber of COMMENTS Ccm coerce and all those who worked on the Arts on the Green. Council Member Hornbuckle said that she attended Arts on the Green this fifth annual event and it was a wonderful after- noon. Police Department Council Member Wheeler stated that we have one of the Accusations finest Police Departments in the County and requested that a certain Council candidate not continue to make unfair accusations against the department. 1 Anti -Gridlock Council Member Buffa.addressed gridlock and recommended Signs staff investigate installing anti -gridlock signs at certain signalized intersections. He stated that the Orange County Transit District has a program available which would pay for signs utilized by cities within the County. Council Member Hornbuckle recem ended that the vehicle code number addressing the fine for causing gridlock in intersections be mentioned on these signs along with the amount of the fine. Council concurred with Council Member Buffa's recom- mendation and staff was directed to proceed. Job Center Vice Mayor Amburgey reported that Council Member Hornbuckle, staff, and he have been working on what was formerly known as the "hiring hall", and which now has a new title of "job center". The center will officially open October 3, 1988, at 17th Street and Placentia Avenue. A ribbon cutting ceremony will take place at 9:00 a.m. on that date. Mayor Hall complimented Vice Mayor Anburgey and Council Member Hornbuckle for the excellent work they have been doing on this project. October 17, 1988. Mayor Hall announced that the October 17, 1988, Council Meeting Cancelled meeting.is being cancelled because Council will be attending a California League of Cities meeting in San Diego at that time. ADJOURNMENT The Mayor declared the meetiDg-adjourned at 9:35 p.m. Mayor of the City of Costa Mesa Cif-y--,Clerk--6f---the City of Costa sa 1&2