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HomeMy WebLinkAbout10/03/1988 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 3, 1988 The City Council of the City of Costa Mesa, California, met in regular session October 3, 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,Rev_erend Dan Knudsen, Prince of Peace Lutheran Church. Council Members Present: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Council Members Absent: None Officials Present: City Manager, City Attorney, Deputy City Manager/Development Services, Public Services Director, City Clerk MINUTES On motion by Council Member Buffa, seconded by Council September 19, 1988 Member Wheeler, and carried 5-0, the minutes of the regular meting of September 19, 1988, were approved as distributed. 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. PROCLAMATION Mayor Hall read a proclamation declaring the week of California Ride- October 3-7, 1988, as "California Rideshare Week". share Week 188 Proclamations were presented to`_five Costa Mesa com- panies with 500 or,more employees who are in the process of implementing a car --pool, program. The proclamations were accepted by Gary-Ber-kovich, Fairview Developmental Center; Patti Tessier, Los Angeles Times; Jack Meimem, Bullocks South Coast Plaza; Marilyn Hill, &rmulex Corporation; and Ann Davies,.Nordstrcros. PROCLAMATION The Mayor read a proclamation declaring October 16, World Food Day and 1988, as "World Food Day" and declaring the week of Orange County October 16-22, 1988, as "Orange County Hunger Week". Hunger Week The proclamation was accepted by Charles Markel on behalf of the Food Distribution Center Serving Orange County. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 3, Resolution setting a public hearing concerning rubbish and weeds at 263 Hanover Drive; Items 4(a) and 4(b), setting public hearings for Amburgey/Carich: General Plan Amendment GP -88-3B and Rezone Petition R-88-07, for property at 2233 and 2239 Fairview Road; Items 5(a) and 5(b), setting public hearings for Jack Hammett: General Plan Amendment GP -88-3C and Rezone Petition R-88-08, for property at 1953 and 1997 Orange Avenue; Items 6(a), 6(b), 6(c), 6(d), and 6(e), C. J. Segerstrom, for the South Coast Plaza Town Center development: Environmental Impact Report No. 1041, General.Plan Amendment GP -88-3A, Zone Exception ZE-77-246A3, Planning Action PA -88-144, and Planning Action PA.88-145. Item 10(b), Budget Adjustment No. 89-30 for $3,383,125.00; and Item 14, Resolution setting a public hearing for abandonment of public rights-of-way in the Downtown Redevelopment Area. On motion by Council Member Buffa, seconded by Council Member Wheeler, 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 I.I�i ',�._ 0 COMMUNICATIONS On motion by Council Member Buffa, seconded by Council Member Wheeler, Resolution 88-76, being A RESOLUTION OF Records Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Police Department AUTHORIZING RECORDS DESTRUCTION FOR THE POLICE DEPART- MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE MOTION. NO. 75-60, was adopted by the following roll call vote: Resolution 88-76 AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Adopted Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL.MEMBERS: None READING FOLDER On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Danette L. Bailey; Any Moreno; Maria L. Roque; and Monica Samsal. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Jacob H. Adam and Ibrahim Y. Matta, doing business as A and M Liquor, 586 West 19th Street; Costa Mesa Wine, doing business at 3333 South Bristol Street, Third Level, Nordstran Expansion; Ralph's Grocery, doing business at 380 East 17th Street; and Wann Lai Corporation, doing.business at 720 West 19th Street. MOTION Warrants 1407 and 1408 Approved ADMINISTRATIVE ACTIONS Bid Item 822 Floor Coverings MOTION Awarded to Custan Floors On motion by Council Member Buffa, seconded by Council Member'Wheeler, Warrant Resolution 1407, including Pay- roll 8819, and Warrant Resolution 1408, were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Bids received for Bid Item No. 822, Floor Coverings for the Jail and Fire Stations No.. 1 and No. 3, are on file in the Clerk's office. On motion by Council Member Buffa, seconded by Council Member Wheeler, the contract was awarded to Custan Floors, Incorporated, 13902 Seaboard Circle, Garden Grove, for $9,390.00. 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 165 Bid Item 824 Bids received for Bid Item No. 824, 45 Caliber Automatic Pistols and Pistols and Magazines, are on file in the Clerk's office. Magazines On motion by Council Member Buffa, seconded by Council Member Wheeler, the contract was awarded to Lathrop's MOTION Shooters Supply, Incorporated, 5146 East Pima, Tucson, Awarded to Arizona, for $14,516.17. The motion carried by the Lathrop's Shooters following roll call vote: Supply AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:. None Bid Item 825 Bids received for Bid Item No. 825, Video Equipment, are Video Equipment on file in the Clerk's office. On motion by Council Member Buffa, seconded by Council Member Wheeler, con- P40TION tracts were awarded as follows: Awarded to Midwest Communications and Exhibit "A", Three 20 -inch Color Television Monitors, Photo and Sound NEC PR -2000A; Midwest Communications Corporation, 741 East Ball Road, Suite 100, Anaheim, for $1,574.10. Exhibit "B", Nine 26 -inch Color Television Monitors, NEC.PR-2600A; Midwest Communications Corporation for $6,248.70. Exhibit "C", Ten Television VCR's, Sharp.Model XA-200; Photo and Sound Company, 3540 Cadillac Avenue, Costa Mesa, for $3,084.60. Exhibit "D", Six Carts for 26" Television Monitors, Bretford BBC54E, and three wall mounts; Photo & Sound Company for $1,717.20. 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 A motion was made by Council Member Buffa, seconded by Igo. 89-25 Council Member Wheeler, to approve Budget Adjustment No. 89-25 for $580,060.00, providing for an additional Lawsuit. Settlement; appropriation for settlement of the lawsuit with Clarke Assessment District Contracting Corporation, concerning Assessment District Igo. 82-2 (South No. 82-2 (South Coast Metro Center). The motion carried Coast Metro Center) by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, MOTION Hornbuckle, Buffa Adjustment Approved NOES: COUNCIL.MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "A" The Leisure Services Director requested approval of Cardoza, DiLallo, Change Order "A" for $3,500.00 to the contract with Harrington Cardoza, DiLallo, Harrington, 151 Kalmus Drive, Suite K-3, Costa Mesa, for design of a group picnic facility :Picnic Facility at Te -Winkle Park. On motion by Council Member Buffa, at TeWinkle Park seconded by Council Member Wheeler, the change order was approved by the following roll call vote: 1140TION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Change Order Hornbuckle, Buffa .?approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None :Parking Prohibition The Traffic Commission recommended prohibition of park - on Congress Street ing along both curbs of Congress Street from Placentia Avenue to State. Street on Tuesdays, 8:00 a.m. to 10:00 1140TION a.m., for street sweeping. On motion by Council Member Resolution 88-77 Buffa, seconded by Council Member Wheeler, Resolution Adopted 88-77 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF CONGRESS STREET FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES:. COUNCIL MEMBERS:, Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition. The Traffic Commission recamnended prohibition of park - on College Avenue ing along the westerly curb of College Avenue from Wilson Street to approximately 700 feet southerly on MOTION Tuesdays, 8:00 a.m. to 10:00 a.m., for street sweeping. Resolution 88-78 On motion by Council Member Buffa, seconded by Council Adopted Member Wheeler, Resolution 8.8-78, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Definition of PROHIBITING. PARKING ON A PORTION OF COLLEGE AVENUE FOR "Building THE PURPOSE OF STREET SWEEPING, was adopted by the Stories" following roll call vote: AYES: COUNCIL MEMBERS:. Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference A motion was made by Council Member Buffa, seconded by Advances Council Member Wheeler, and carried 5-0, to approve the following Conference Advances: MOTION Advances Approved Conference Advance for $536.00 -for a police officer to attend a Terrorism Awareness Course in San Luis Obispo, October 10-14, 1988. Conference Advances for $1,013.00 each, for two police MOTION A motion was made by Council Member Wheeler, seconded by Held Over to Council Member Hornbuckle, to continue this item to the December 5, 1988 meeting of December 5, 1988. The motion carried 5-0. ANNOUNCEMENT Mayor Hall announced that the following items will not Senior Citizens be heard this evening, but will be discussed at the Items being Council Study Session scheduled for October 10, 1988: Referred to Study Session New Business No. 3(a), Proposed Memorandum of Under- standing between the City and the Seniors Nonprofit Corporation. New Business No. 3(b), Site selection presentation for the Senior Citizens Multipurpose Center. PUBLIC HEARING This was the time and place set for the public hearing Council Review of to consider a request from Vice Mayor Amburgey for ZE-84-205A Council review of the Planning Commission's approval Forbath/Share Our of Zone Exception ZE-84-205A, Jean Forbath/Share Our Selves Selves (S.O.S), authorized agent for the City of Costa officers to attend Narcotics Officers School in Sacramento, one from October 16 to 28, and the other from November 6 to, 18, 1988. PUBLIC HEARING The Clerk announced that this was the time and place Appeal from set for the public hearing to consider an appeal of the Gregory Planning Commission's interpretation of the definition of "building stories" from Sam and Rose Gregory, for Definition of property at 1004 -Arbor Street. No communications were "Building received. The applicants were not present. Stories" The Deputy City Manager/Development Services reported that there have been numerous complaints from the neigh- bors concerning heavy equipment stored on the Gregory, property. MOTION A motion was made by Council Member Wheeler, seconded by Held Over to Council Member Hornbuckle, to continue this item to the December 5, 1988 meeting of December 5, 1988. The motion carried 5-0. ANNOUNCEMENT Mayor Hall announced that the following items will not Senior Citizens be heard this evening, but will be discussed at the Items being Council Study Session scheduled for October 10, 1988: Referred to Study Session New Business No. 3(a), Proposed Memorandum of Under- standing between the City and the Seniors Nonprofit Corporation. New Business No. 3(b), Site selection presentation for the Senior Citizens Multipurpose Center. PUBLIC HEARING This was the time and place set for the public hearing Council Review of to consider a request from Vice Mayor Amburgey for ZE-84-205A Council review of the Planning Commission's approval Forbath/Share Our of Zone Exception ZE-84-205A, Jean Forbath/Share Our Selves Selves (S.O.S), authorized agent for the City of Costa Mesa, to amend the Rea Community Center Master Plan to 'allow a 300 -square -foot addition to a modular building ;being used as a medical clinic at 661 Hamilton Street in an I and R zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. The following communications were received: 183 in favor of the expansion; 29 in opposition; and 4 asking -that Council resolve the transient problem in the Rea Community Center neighborhood. Vice Mayor Amburgey announced that he wished to with- draw his request for Council review of this item. Council Member Hornbuckle made a motion to accept the Vice Mayor's withdrawal of his request. The motion was seconded by Council Member Buffa; however, the motion was withdrawn after considerable discussion. During lengthy discussion, Council Member Wheeler expressed opposition to the Vice Mayor's withdrawing his request for review before the public had an oppor- tunity to speak. Council Members Hall and Hornbuckle commented that the public should be heard even though the Vice Mayor has Asked to withdraw his request. Pat Dolan, 923 West 20th Street, Costa Mesa, reported that he intended to appeal approval by the Planning Commission, but he did not file an appeal based on assurances from Vice Mayor Amburgey and others in City Hall that the public hearing would be held. In view of the Vice Mayor's intention to withdraw his request, Mr. Dolan demanded the right to appeal. MOTION A motion was made by Vice Mayor Amburgey, seconded by Request for Review Council Member Buffa, withdrawing his request for Withdrawn Council review of'ZE-84-205A. The motion carried 3-2, Council Members Hall and'Wheeler voting no. Council Member Wheeler commented that even though he supported the expansion, he did not like setting a precedent such as this, and was of the opinion that Mr. Dolan had a good argument in that he relied on certain statanents. Mayor Hall announced that public input would be heard after a brief presentation by the Deputy City Manager/ Development Services. The Deputy City Manager summarized his memorandum dated September 28, 1988, reporting that the requested expan- sion was approved by the Planning Commission on Septem- ber 12; however, due to concerns voiced by neighbors, the Vice Mayor request a review by the Council. Mayor Hall stated that there seems to be some confusion between the expansion of S.O.S and the entire Rea Center activities. He commended S.O.S on the tremendous job it has done over the years and noted that the organiza- tion has grown beyond anyone's expectation. The Mayor mentioned that'some of the surrounding cities have been contacted and asked to do their fair share for the needy. The Mayor commented that several agencies at Rea Center have impacted the neighborhood, not only S.O.S, and made the following reccauTendation: Council 11�,I jj . 1'9 1 authorize him to appoint a committee consisting of two Council Members,.a representative from three agencies occupying space,atRea Center, and three residents in the area, for the purpose of reviewing the impact of Rea Center on the community. Jean Forbath, 2880 Clubhouse Road,ICosta Mesa, Director of S.O.S, reviewed a -"Share Our Selves Fact Sheet" which was submitted to Council during the past week. The organization provides food and/or clothing and limited financial aid to an average of 5,000 families a month; during..fiscal year 1987-88, S.O.S. received donations and grants.totaling.$668,281.10, $30,000.00 of which was from the City of Costa Mesa through a Federal Revenue Sharing grant. The medical clinic serves an average -of 1,000 patients a month, and the requested expansion will allow the pre -natal clinic to treat 7 to 10 additional pregnant women each week. Mrs. Forbath contended that the.only way to solve the problems of the needy and/or homeless -is to provide more low -inane rental housing. Pat,Dolan, 923 West 20th Street, Costa Mesa, President of the Mesa West Homeowners Association, stated that the feelings, rights, and concerns of west side residents have.not..been addressed: Mr. Dolan asserted that 20,000 to 30,000..people per,month utilize the agencies at Rea Community Center.: He.stated that the problem of drunks, drugs, the mentally disturbed, assaults, disturbing the peace, sleeping in cars and.yards, defecation in public, vagrants living on the Rea Center grounds, and loitering at all hours,.are facts easily substantiated by police reports. Mr. Dolan submitted a petition containing 92 signatures urging the.Council to move S.O.S. out of the residential neighborhood into an appropriate commercial zone . - Vice Mayor knburgey commented that the majority of letters received by Council commended S.O.S for the great job it is doing, and he.concurred; however, the majority of the letters were from people who did not live in Costa.Mesa. Council Member Hornbuckle-suggested that staff take a count of both foot and vehicle traffic generated by Rea Cammunity Center so that the newly appointed committee will have this information available. Susan Emerson,, 270 Del Mar Avenue; Costa Mesa, believed the location of S.O.S. in a residential area is inappro- priate. Ms. Emerson -stated that there were 150 calls for fire -or police services in the neighborhood of Rea Center during a 90 -day period. She related the various reasons for the calls and number of arrests, and .reported -that she received these figures from Costa Mesa Police.Officer Jefcoat. Mayor Hall commented that all figures concerning crime in the neighborhood would be verified. Lee Littrell, 2054 Meyer Place, Costa Mesa, feared for the safety of his -wife and child when he is at work. He was not opposed to the services provided by S.O.S., but he did oppose the location of the organization. Mr. Littrell favored.fommation of a.special committee and suggested that other:cities share the burden of helping the County's poor and homeless.., 1170, Marie Eckess, resident of Newport Beach and owner of a business at 1770 Orange Avenue, Costa Mesa, volunteered to help the needy in any way possible and offered to serve on the committee. Ed Connor, member of the Board of Directors of.Amicus Publico, The Orange County Volunteer Attorneys Program, Incorporated, 311 Civic Center Drive West, Santa Ana, and member of the Board of Directors for the S.O.S. medical clinic, reported that Amicus Publico provides free legal services to indigents in the County. He stated that the expansion will contain three additional examination roams thereby allowing more patients to wait inside rather than in a line outside the building. Azalea Ee La 'lbrre, 580 West Bay Street, Costa Mesa, commented that transients were in the neighborhood before S.U.S. moved to Rea Center. She reported that she has been to S.O.S. several times and never saw more than 12 people at one time. Donald Drake, Medical Director of the S.O.S. clinic, 1829 Tahiti Drive, Costa Mesa, spoke about the needs of the unfortunates. Marion..Grart, owner of a construction business at 607 Hamilton Street., Costa Mesa, stated that she has hired some of the transients but they usually stay only 3 or. 4 days. She reported that the major problems seem to be chronic alcoholism and drug addiction. Phil Beukema, 9052 Christine Drive, Huntington Beach, Executive Director of the March of Dimes Birth Dafect Foundation, Orange County Chapter, thanked the Council for the'support provided to -Rea Center in terms of low rent and free utilities. Mr. Beukema reported that March of Dimes granted the funds to S.O.S. for expan- sion of the clinic. He expressed empathy with the residents of the Rea Center neighborhood and offered to serve on the committee. Roy Pizarek, 270 Del Mar Avenue, -Costa Mesa, stated that while attending the meeting at Rea Center last week and a homeowners meeting, he spoke to many west side resi- dents and found that most people are not opposed to the services being provided by S.O.S., but the issue is that the west side is being used as a dumping ground for social services. He suggested that social services,be located throughout the City, not only in one area. RECESS The Mayor declared a recess at 8:15 p.m., and the meet- ing reconvened at 8:35 p.m. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, reported .that the police told her parolees from every area of the .County are sent to S.O.S. Ms. Davidson commented that S.O.S. does good work but has outgrown the facility and should be relocated. David Lander, 3260 Minnesota Avenue, Costa Mesa, former Council Member of the City of Los Alamitos, spoke in support of the medical clinic expansion, and was in favor of forming a committee to resolve the neighbor- hood problems. Floyd Harryman, 487 Abbie Lane, Costa Mesa, former Principal of Estancia High School, stated that S.O.S. does a wonderful job and provides needed services. He suggested moving some of the Rea Center agencies to other parts of the City. Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, reported that his children attend a school which is across the street from Rea Center and he drives the children becausehe will not allow them to walk. He stated that people stop students walking to school and ask for money and food. Mr. Goldstein contended that statistics show that the crime rate in the Rea Center area is two or three times higher than in any other section of the City. Mr. Goldstein mentioned that he recently discovered that there is also a drop-in mental health center at Rea Center which has been there for six years but few people know about it. Joan Thrribio, 1819 Tanager Drive, Costa Mesa, Adminis- trator for the S.O.S. medical clinic, explained how the roans at -the clinic are utilized. She stated that the expansion would be used for prenatal care; however, the roans also would be used by other patients. Mrs. Torribio mentioned that the expansion will reduce the waiting time for patients. Virginia Hill, 2077 Charle Street, Costa Mesa, Program Director of Orange County Head Start located.at Rea Center, reported that most of the 85 children attending Head Start live in the neighborhood, and these families rely on the services provided by S.O.S. Ms. Hill offered to serve on the committee. Laura. Finch, 1614 Minorca Drive, Costa Mesa, teacher at Pomona School, asked that Council allow S.O.S. to remain at Rea Center because of.the many families with children at Pomona.School who are in need of S.O.S. services. James Evans, 1049 Wilson Street, Costa Mesa, commented that the democratic process was circumvented when Council withdrew review,of the application before the public was permitted to speak. Mr. Evans asked how many residents from the impacted.community would be on the committee since three agencies from Rea Center would be represented. The Mayor responded that three residents would be on the task force. Brian Maskrey, 2053 Maple Avenue, Costa Mesa, stated that since he has purchased his hone, he has come to regret it because of the transients in the area. He commented that he has became discouraged fron upgrading his property because of the neighborhood. Mr. Maskrey stated that S.O.S. provides many worthwhile services, butfelt a commercial area would be more appropriate for this organization. The Reverend Gale Goth, First United Methodist Church, 420 West 19th Street, Costa Mesa, believed S.O.S. should remain at its present location and suggested establish- ing S.O.S. satellites in various parts of the City for food distribution programs. There being no other speakers, Mayor Hall announced that anyone interested in serving on the task force to study this issue should submit a written request by 5:00 p.m., Wednesday, October 5; so that committee members can be selected Thursday, October 6. The Mayor appointed Council Members Amburgey and Hornbuckle as Council representatives on the committee. He mentioned that the committee will be holding a hearing at Rea Center as soon as possible, and he hoped everyone would take part in these discussions with a positive attitude. ANNOUNCEMENT Mayor Hall announced that there will be a joint Council/ Redevelopment Agency meeting on October 20, and that an Items to be additional Council meeting probably will be scheduled Continued for October 31. After brief discussion, the Mayor stated that the following items concerning the Triangle property, bordered by Newport Boulevard, Harbor Boule- vard, and West 19th Street, will be heard on October 20: Item 14 on the Consent Calendar, Abandonment of public rights-of-way; and Old Business No. 1, Ordinance 86-17, R-86-08, to rezone from C2 to PDC. David Pies, Vice President of Wells Fargo Bank, men- tioned that Old Business No. 5, Ordinance 88-17, concerning the development agreement between the City and the Redevelopment Agency also concerns the Triangle property. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -88-93 set for the public hearing to'consider an appeal of Strozier/Newport the Planning Commission's denial of Planning Action Beach Budget PA -88-93 from Hardy Strozier, The Planning Associates, Motel 3151 Airway Avenue, Suite R-1, Costa Mesa, authorized agent for Alex Gorby, Newport Beach Budget Motel Corporation, 710 Wilshire Boulevard, Suite 615, Santa Monica, for a Conditional Use Permit to add 38 rooms to a 41 -roan motel at 121 Albert Place in a C1 zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. No carmiunications were received. The Deputy City Manager/Development Services referenced staff's memorandum of September 27, 1988, and the Staff Report. He reported that the actual expansion would involve two stories of motel units over an underground parking garage. Staff indicated that the project's building intensity was incanpatible with the existing neighborhood. Staff determined that the traffic gener- ated by this project and the parking that would be required on-site would more than satisfy the needs of the project, and would not create an adverse impact on the surrounding neighborhood. Council Member Wheeler referred to Page 2 of the above- mentioned memorandum and pointed out that density of the addition to the Sea Lark Motel is 98 units per acre, much higher than the density for other motels on the list. The Deputy City Manager responded that the over- all project site is between 60 and 70 units per acre. Council Member Wheeler countered that the issue being considered is the expansion, not the entire lot. Hardy Strozier, The Plannirg Associates, stated that staff -has concurred that the project design and the project redesign, in cooperation with the adjacent neighborhood, has resulted in the fact that there are no adverse impacts that have not been mitigated. He contended that the second page of staff's memorandum should be corrected to indicate that overall intensity of the Sea Lark Motel is 67 units per acre. Richard.Fiock, 2479 Orange Avenue, Costa Mesa, offered a suggestion from a group of property owners in the area: the property owners would be willing to engage any appraiser of the City's choice to determine the monetary effect of this expansion on adjoining proper- ties. If there were no negative effects, the property owners would withdraw their objections. 1 F7 -173 Sid -Soffer, 900 Arbor Street, Costa Mesa, mentioned some items in the Staff Report with which he disagreed. Stephen McNash, 2292 Canyon Drive, Costa Mesa, owner of a motel across the street from the Sea Lark Motel, was in favor of the expansion and announced that he, too, hoped to expand his motel in the near future. Hardy Strozier summed up his presentation by stating that in every case where staff and the community met with him and identified specific problems, all adverse impacts were mitigated and that is reflected in the Staff Report. 'here being no other speakers, the Mayor closed the public hearing. Council Member Wheeler opposed the project because the expansion itself is 98 units per acre, and the site is surrounded by residential properties. He also mentioned that Council is opening the flood gates for other motel expansions as indicated by another motel owner (Stephen McNash). Vice Mayor Amburgey was of the opinion that rehabilita- tion of the motel is similar to redevelopment with private funds. MOTION A motion was made by Vice Mayor A-nburgey, seconded by PA -88-93 Council Member Buffa, to approve PA -88-93 subject to Approved Conditions of Approval and Ordinance or Code Provisions contained in the Staff Report. Council.Member Buffa commented that the zoning would have permitted construction of apartments which would more adversely affect the neighborhood. He stated that the expansion would transform an unattractive motel into a very attractive project, and traffic patterns would not be a problem. Council Member Hornbuckle stated that although she very much appreciated the efforts of Mr. Strozier and Mr. Gorby to address the concerns of the community, she would oppose the project because she felt the zoning is not correct for the use; this is not light retail and service facilities for local needs; it will not serve the local population; and the building intensity is too great because it is adjacent to residential properties. The motion to approve PA -88-93 carried 3-2, Council Members Wheeler and Hornbuckle voting no. PUBLIC HEARING The Clerk announced that this was the time and place set Residents Appeal for the public hearing to consider an application filed of PA -88-137 by owners of 12 properties on Ramona Place and 1 prop- Kohler/Beuglet erty on Santa Ana Avenue, appealing the Planning Commis- sion's approval of Planning Action PA -88-137, Gloria Kohler, 190 East 15th Street, Costa Mesa, authorized agent for Charles P. Beuglet, 1410 Kings Road, Newport Beach, for a Conditional Use Permit to allow after- school care for a maximum of 36 children in a residence located at 302 Ramona Place in an R2 zone. Environ- mental Determination: Exempt. The Affidavit of.Mailing is on file in the Clerk's office. Eleven communications were received in support of the day care use. One ccnmunication was received opposing the request. A petition containing 23 signatures i,712 - requested r7 requested a traffic study prior to opening the day care facility. During the meeting, a petition was submitted containing 56 signatures of residents on Santa Ana Avenue, Knox Place, and Ramona Place, strongly opposing a day care facility for 28 children at 302 Ramona Place. The Deputy City Manager/Development Services reviewed his memorandum of September 22, 1988, and the Staff Report. The site contains a four-bedroom residence, an attached garage, an attached two-story two -unit apart- ment, and a back yard pool. A third unit for which building permits were not issued is to be removed in its entirety. The specific request is to allow children between 6 and 12 years old to be cared for at the site between 2:00 p.m. and 6:00 p.m. Monday through Friday. The applicant originally asked for a maximum of 36 children; the Planning Commission approved a maximum of 28 children. Ernest Klatte, 317 Ramona Place, one of the appellants, stated that the residents' opposition to the request is not an attack on day care, nor is it an attack on day care at the subject location; however,.the residents feel that the site is not large enough for 28 children. Mr. Klatte expressed concern with traffic and parking impacts. Lee Rosch, 306 Ramona Place, whose property is located adjacent to the subject site, reported that he and his wife support additional child care facilities,'but the site next door is not adequate for this purpose. He spoke about noise from the pool area impacting his property, and that is a major concern because his wife is in poor health. Sid Soffer, 900 Arbor Street, Costa Mesa, felt the site was too small for the care of 28 children. Susan Hahn, 316 Ramona Place, stated that the site is not appropriate for the proposed use. Lee Ann Marienthal, 327 Ramona Place, opposed the child care center because of insufficient parking and the additional traffic it will generate. Terry Woolard, 337 Ramona Place, read a letter from the resident of 307 Ramona Place who could not be present. The letter expressed concern about the noise impact of a child care facility on the health of her husband who is very ill. Mrs.'Woolard stated she has three children and is concerned about their safety because of the addi- tional traffic which will be generated. She also mentioned that Ms. Kohler had indicated that there would be no child care activities during the summer months; however, she has been told that the pool will be used during the summer season. Charles Schultz, 342 Ramona Place, stated that the site was not appropriate for child care because of noise and traffic impacts on the neighborhood. Joan McMann, 326 Ramona Place, spoke about inadequate parking for .the proposed use and was of the opinion that the house was too.for a child care center. Rita Loverde, 1575 Santa Ana Avenue, former owner of the subject site, stated that traffic conditions on Santa Ana Avenue are too hazardous for a child care center to F� be Iocated-at the site (Santa Ana Avenue and Ramona Place). She also cc mented that the house is too small for 28 children. RECESS The Mayor declared a recess at 10:35 p.m., and the meet- ing reconvened at 10:50 p.m. Tom Woolard, 337 Ramona Place, was concerned about addi- tional traffic adversely impacting Ramona Place. Leah Banks, 292 -Knox Place, stated that the traffic in the: neighborhood is now at a hazardous level, and was opposed to the request because -of the additional traffic it would generate. Louise Hostetler, 303 Ramona Place, opposed the project because she felt a child care facility should not be located on such a heavily traveled street as Santa Ana Avenue. Kurt Donat, 1592 Santa Ana Avenue, opposed the project because he believed -it was an inappropriate site for a child care facility. Larry Gosselin, 341 Ramona Place, stated that traffic on Santa Ana Avenue is like a drag strip between 15th and 16th Streets, and having a child care center at the subject site would be hazardous for the children attend- ing that facility. Council.Member Hornbuckle asked if the Municipal Code contained specific parking,requirements for child care centers. The Deputy City Manager/Development Services replied there is nothing specific in the Zoning Code which would require providing.additional parking at a residence for conversion to a child care center. Gloria Jean Kohler gave a slide presentation of the subject site, pointed out the available parking, and explained how she intended to utilize the property. Ms. Kohler submitted copies of parent sign -in sheets (used at her child care center at 190 East 15th Street), and stated that the times shown on these sheets indicate that the parents' stops are very brief. Referring to a statement made earlier in the evening, Ms. Kohler reported that she never indicated that the site would not be used in the summer because she intends to use the pool for private swimming lessons. Ms. Kohler then answered questions fran Council concerning the number of .staff members, park- ing, and -the area where parents would pick up their children. Frank Fish, 467 - 16th Place, Costa Mesa, President of Newport -Mesa Deaf/Hard,of Hearing Guild, reported that the children are well supervised by Ms. Kohler. He stated that parents will not park on Ramona Place if so directed by Ms. Kohler. Mr. Fish mentioned that Costa Mesa has one of the only programs in Grange County for the orally deaf, and there is a need for after-school care for these children. Glenelle Sharpe, 21661 Brookhurst Street, Huntington Beach, reported that her son has been attending Ocean Breeze (Ms. Kohler's facility on 190 East 15th Street) for five years, and if the -permit were denied, her son would be without after-school care. Pat Hendrix, 2135 Thurin Avenue, Costa Mesa, stated :that her child attends Ocean Breeze and she never waited for more than a minute to park even though ,that facility has over 70 children. Ms. Hendrix men- ,tioned that there once was a day care center on Thurin Avenue and there were neither parking nor traffic problems. :Don Fredriksen, 330 Ramona Place, opposed the child care use -because the location was not appropriate, and there :is too much traffic in the area now. He catunented that school district facilities would be ideal for after- -school child care. There being no other speakers, the Mayor closed the public hearing.. MOTION On motion by Vice Mayor Amburgey, seconded by Council PA -88-137 Denied Member Wheeler, and carried -5-0, PA -88-137 was denied based on the finding that use of this residential prop- erty would be materially detrimental to the surround- ing properties. Council Member Wheeler canmented that the City is very cognizant of the need for child care centers; however, Council cannot ignore the impact on residential neigh- borhoods in order to increase child care opportunities. PUBLIC HEARING The Clerk announced that this was the time and place DA-88-02/Arnel set for the public hearing to consider Development Development Agreement DA -88-02, John F. Biggs, Arnel Development Campany, 950 South Coast Drive., Suite 200, Costa Mesa, !authorized agent for A & R, Parcel 4, and R & A, Parcel 5, c/o Rutan and Tucker, 611 Anton Boulevard, Costa Mesa, for Phases 2 and 3.of Metro ointe, located in the southwest portion of the 900 block of South Coast ,Drive in a PDC zone. Environmental Determination: Environmental Impact Report (EIR).No. 1020 certified in 1984: The Affidavit of Mailing is on file in the Clerk's office. A cammunication was received from Lloyd S. Jones, 929 ;Jasmine Circle, Costa Mesa, objecting to the approval of the agreement. The Deputy City Manager/Development Services referred to his memorandum of September 27, 1988, and proposed Development Agreement DA -88-02 attached thereto. He reported that the agreement was proposed by Arnel ;Development Canpany for property generally located between South Coast Drive, the I-405 Freeway, and Bear Street, stating that Council has already approved the .Final Development Plan and Vesting Tentative Maps, and Council has indicated they want the property developed as approved. The Deputy City Manager stated that the developer ,proposed that improvements for Phases 2 and 3 would commence immediately upon the City's executing the development agreement (the developer is only required -to construct improvements when work commences for each phase). The following modifications to the agreement have been recommended (Page 1 of the memorandum): 1. Modify Section 3.02 —Duration of Agreement to reflect a maximum terns of 13 years. 2. Modify Exhibit E, Public Benefits, Number 4, to specify that the owner's pro rata share on the 177 fire station contribution is $114,950.00 for Phase 2, and $206,300.00 for.Phase 3, payable at the time building permits are.issued. 3. Add the following language (indicated by the underline) to Section 2.03(a) Development Exac- tions: This shall not _preclude the formation of a Mello -Roos Community Facilities District or other benefit assessment district. In addition, this Agreement does not apply to any exaction that is levied by any other public agency, util- ity, district or joint powers authority, includ- Ing but not.limited to the San Joaquin Hills Transportation Corridor.Agency, Newport -Mesa Unified.School.District, Costa Mesa Sanitary District, and Mesa Consolidated Water District. While answering questions from Council Member Wheeler, the Deputy City -Manager- conmented that staff felt any road improvements that could be accelerated (those for Phase 3) obviously would have some benefit to the north end of the City. Council-Member.Wheeler questioned the need to construct road improvements for_Phase.3 along with the improve- ments for Phase 2 when the former are not needed until Phase 3 is constructed. At..the request of Council Member,Wheeler, the Public Services Director explained that funding for widening of the Fairview Road overcrossing is being funded by both Developer Trip Fee funds ($300,000.00 to $500,000.00) and Federal Aid Urban funds (between $1.65 and $2 million).. Council.Member Wheeler asked.who drafted the Development Agreement. The. Deputy City Manager/Development Services replied that the original agreement was drafted by the developer's attorneys; however, after- negotiations were canpleted,.approximately two-thirds of the document was written by Arnel's attorneys and one-third by staff. Council Member Wheeler objected to wording in Resolution 88-10 because -it indicates that although the trip end fee is,;$668.00 per trip end, the City is to identify all funding sources, including but not limited to Federal, City, General, County, and JPA -funds; and the City is to develop a comprehensive program to utilize all those sources, including City tax,dollars, to finance these projects; and then a recalculation is done to determine how much the developer- must pay. Responding to Council Member.Wheeler's question, the City Attorney stated that if Council were to approve the agreement, the developer.would not be subject to the requirements of the -Sensible Growth Measure which is on the ballot for the November 8, 1988, election. David Ball, Arnel Development Company, stated that from Arnel's point!of view, the office market is overbuilt and they are not sure:how much time it will take to build out the project. He mentioned that they have a vested right to proceed with the project regardless of the outcome of Measure "G", the Sensible Growth issue, and what they wanted from the development agreement was simply more time. He stated that as a tradeoff for additional time to complete the project, Arnel is offer- ing the City the advantage of having traffic improve- ments built prior to the demand being there. Responding to a question from Council Member- Hornbuckle, the City Attorney confirmed that even if Council were to reject the development agreement, and Measure "G" passes, Measure "G" would not be applicable to Phases 2 and 3 because the vesting tentative maps have already been approved. John Feeney, -1154 Dorset Lane, Costa Mesa, was of the opinion that if Arnel were to spend $2.7 million on traffic improvements prior to the time actually required, the City most certainly would do everything possible to find taxpayer funds to reimburse Arnel for those improvements. Mayor Hall cammented that the City attempts to obtain any additional funds available (gas tax, Federal Aid Urban, etc.) for various projects throughout the year. Council Member Wheeler contended that Resolution 88-10 does not reference gas tax funds, but it does refer to City General Funds; and even though gas tax funds are deposited into the General Fund, gas taxes make up only two percent of the General Fund. Sid Soffer-, 900 Arbor Street, Costa Mesa, spoke about tax dollars the City would derive from the project. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, objected to approval of the development agreement prior to the election on November 8, 1988. Mr. Williams felt there were no benefits for the City contained in the agreement and urged Council to deny it. Sandra L. Genis, 1586 Myrtlewood Street, Costa Mesa, expressed her opinion that approvals for Phases 2 and 3 of the Arnel project were based on a false premise and that is, all traffic will flow at acceptable levels upon implementation of the North Costa Mesa Specific Plan. She stated that now that the Specific Plan has been made available, she finds that traffic will not flow at acceptable levels, in fact, the Fairview Road/ Baker Street intersection which will be improved in conjunction with this project, is one of the specific intersections which will still flow at Level of Service "E" after improvements are made: In regard to these specific improvements, Ms. Genis was concerned that as worded, if the specific improvements either prove to be infeasible due to lack of CALTRANS approval, or prove to be more expensive, or funded by another source, the developer will not pay any more than a maximum of $668.00 per trip end;.or.if Arnel can get someone else to pick up the improvements, or does not do the improvements, then Arnel could actually pay less than other developers in the area. Frank Cole, 2482 Fairview -Way, Costa Mesa, commented that the agreement was written in such a legal manner that the average person cannot understand it. Dick Sherrick, 3146 Country Club Road, Costa Mesa, saw no need for the development, agreement because it felt it does not provide any benefits for the City. 1 Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, contended that the development agreement protects only the developer, and is of no benefit to the City. Leonard Hampel, Rutan and Tucker, 611 Anton Boulevard, Costa Mesa, reported that he drew up the development agreement after- at least four meetings with staff, and Exhibit "E", which is a product of staff's input, con- tains the benefits to the City. Mr. Hampel stated that Ar-nel will be paying an estimated $4.7 million for Phases 2 and 3 road improvements, and Phase 2 improve- ments must be.completed before occupancy; however, the City will have Phase 3 improvements 10 to 13 years sooner than it normally would. There being no other speakers, the Mayor closed the public hearing. Council Member Wheeler- was opposed to development agree- ments because they tie the hands of future Councils. He also mentioned that costs to the City for services have not been addressed. Motion to Approve A motion was made by Vice.Mayor Amburgey, seconded by Agreement DA -88-02 Mayor- Hall, to .give first reading to an ordinance, Failed to Carry approving the development agreement between the City of Costa Mesa and A & R Parcel 4 and R & A Parcel 5 for Metro Pointe Phases 2 AND 3 for 20 years; and includ- ing two modifications contained on Page 1 of staff's memorandum dated September 27, 1988, referring to Exhibit�E, Public Benefits, Number 4, pro rata share on the fire station contribution; and Section 2-03(a) Development Exactions of the agreement. The motion failed to carry, Council Members Hornbuckle, Wheeler, and Buffa voting no. MOTION A motion was made by Council Member Wheeler, seconded Agreement by Council Member- Hornbuckle, to deny the development Denied agreement. The motion carried 3-2, Council Members Hall arra Amburgey voting no. RECESS The Mayor declared.a recess at 1:25 a.m. and the meet- ing reconvened at 1:35 a.m. OLD BUSINESS The Clerk.pr-esented.for second reading and adoption, Ordinance 86-17, being AN ORDINANCE OF THE CITY COUNCIL R-86-08/Ordinance OF THE CITY.OF COSTA MESA, CALIFORNIA, CHANGING THE 86-17 ZONING OF PROPERTY BORDERED BY 19TH STREET, HARBOR L. A. County BOULEVARD, AND NEWPORT BOULEVARD FROM C2 TO PDC, in Land Company connection with Rezone Petition R-86-08, L. A. County Land Conpany, Incorporated, 33161 Camino Capistrano, Suite "A', San.Juan Capistrano. A communication.was received frem David W. Pies, Vice President and Senior- Counsel for Wells Fargo Bank, 333 South Grand Avenue, Suite.1040, Los Angeles, requesting that Council refrain from adopting Ordinance 86-17 because the bank was never notified of the development agreement, nor the proposed planning and redevelopment actions. MOTION On motion by Council Member- Hornbuckle, seconded by Held Over to Vice Mayor Amburgey,.and carried 5-0, this item was October- 20, 1988 continued to a special joint City Council/Redevelop- ment Agency meeting scheduled for October 20, 1988, at 6:30 p.m., in the Police Auditorium, 99 Fair Drive. A. b Tl_�1 Processing Time The Clerk presented Ordinance 88-14 for second reading for Planning and adoption. The ordinance relates to application Actions and Rezone processing time for Planning Actions and Rezone Peti- Petitions tions. MOTION On motion by Council Member Hornbuckle, seconded by Ordinance 88-14 Council Member Wheeler, Ordinance 88-14, being AN ORDI- Adopted DANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGARDING PLANNING ACTION AND REZONE PETI- TION APPLICATION PROCESSING TIME, 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 Delegating Certain. The Clerk presented Ordinance -88-15 for second reading Planning Actions to and adoption. The ordinance establishes administra- Zoning Administrator- tive procedures and delegates certain Planning Actions to the Zoning Administrator. A caumunication was received fran Fried Heyn, Director-, Southwestern Division, The American Radio Relay League, Incorporated, 962 Cheyenne Street, Costa Mesa, stating that the proposed ordinance and the current treatment of radio amateurs who lawfully erected antennas as long as 30 years ago raise serious questions. A caM unication was received frau Arthur E. Goddard, Assistant Director, Southwestern Division, The American Radio Relay League, 2901 Palau Place, Costa Mesa, recom- mending the following changes: deletion of Section 13-313, Antennas; deletion of Section 13-355, Minor Conditional Use Permit, Item lc, Vertical Antennas in excess of 30 feet in height; and staff to hold in abey- ance all enforcement against existing amateur radio antennas until a suitable ordinance is adopted. - The Deputy City Manager/Development Services reported that Mr. Heyn and Mr. Goddard allege that Item "c", Sec- tion 13-354, violates Federal regulations and he agreed that enforcement should be withheld until staff can meet with these gentlemen. The.Deputy City Manager- pointed out that until a resolution can be found, Item "c" should be retained because it would be less restrictive than if it were deleted. (The existing ordinance requires -a variance, while the new section merely requires a Minor- Conditional Use Permit.) Fried Heyn and Arthur Goddard requested that enforcement of the ordinance be withheld until an appropriate resolu- tion has been found. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that it would be better to retain Item "c", Section 13-354, because it is less restrictive than if it were deleted. Wayne Overbeck, 14021 Howland, Tustin, reported that permits were not required for antennas for many years and he was not sure when the rules were changed. - MOTION A motion was made by Council Member Wheeler to give Ordinance 88-15 second reading and adopt Ordinance 88-15, being AN ORDI- Adopted; Staff NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Directed to Produce CALIFORNIA, AMENDING TITLES 13 AND 17 OF THE COSTA MESA New Antenna Regu- MUNICIPAL CODE TO ESTABLISH ADMINISTRATIVE ADJUSTMENT lations PROCEDURES AND TO DELEGATE CERTAIN PLANNING ACTIONS TO THE ZONING ADMINISTRATOR, said ordinance to include 11 _a..si Promotion and The Clerk presented from the meeting of September 19, Advertising Funds 1988, requests for Promotion and Advertising funds from Estancia High Tennis Booster Club, and Leadership Tomorrow. MOTION On motion by Vice Mayor'Amburgey seconded by Mayor Hall, Approved Funds the request from Estancia High Tennis Booster- Club for for Estancia High an appropriation of $2,821.00 was approved by the following roll call vote: AYES: COUNCIL.MEMBERS:. Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: Hornbuckle ABSENT: COUNCIL MEMBERS: None Dick Brown-, 1879 Capri Circle, Costa Mesa, President of the Estancia High Tennis Booster Club, thanked Council for the funds.. Vice Mayor Amburgey reported that after reviewing the information received from Leadership Tomorrow, it was his opinion that the residents of Costa Mesa would not benefit by granting funds to this group. changes recommended by staff in Section 13-354: retain Item "g", regarding accessory apartments; retain Item concerning residential density calculation round- up; and delete Item "l", temporary parking lot sales; and directing staff to withhold antenna enforcement actions until staff can meet with the representatives of -The American:Radio Relay League, and present to Council an appropriate ordinance regulating these antennas. The motion was seconded by Council Member Hornbuckle, and carried by the following roll call vote: AYES: COUNCIL MEMBERS.: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Transportation The Clerk presented Ordinance 88-16 for second reading System Management and adoption. The ordinance esablishes transportation Procedures system management procedures. MOTION On motion by Council Member Wheeler, seconded by Council Ordinance 88-16 Member Hornbuckle; Ordinance 88-16, being AN ORDINANCE Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO ESTABLISH TRANSPORTATION SYSTEM MANAGEMENT PROCEDURES, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler-, Hornbuckle, Buffa NOES: COUNCIL MEMBERS None ABSENT: COUNCIL.MEMBERS: None Development The Clerk presented Ordinance 88-17 for second reading Agreement and adoption. The ordinance concerns Development DA -88-01 Agreement DA -88-01 between the City and the Costa Mesa Redevelopment Agency. The City Manager recommended continuing this item to a special Council meeting on October 12, 1988, immediately following the'Redevelopment Agency meeting. MOTION On motion by Council Member Wheeler, seconded by Mayor Held Over to Hall, and carried.5-0, second reading and adoption of October 12, 1988 Ordinance 88-17 was continued to October 12, 1988, as recommended. Promotion and The Clerk presented from the meeting of September 19, Advertising Funds 1988, requests for Promotion and Advertising funds from Estancia High Tennis Booster Club, and Leadership Tomorrow. MOTION On motion by Vice Mayor'Amburgey seconded by Mayor Hall, Approved Funds the request from Estancia High Tennis Booster- Club for for Estancia High an appropriation of $2,821.00 was approved by the following roll call vote: AYES: COUNCIL.MEMBERS:. Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: Hornbuckle ABSENT: COUNCIL MEMBERS: None Dick Brown-, 1879 Capri Circle, Costa Mesa, President of the Estancia High Tennis Booster Club, thanked Council for the funds.. Vice Mayor Amburgey reported that after reviewing the information received from Leadership Tomorrow, it was his opinion that the residents of Costa Mesa would not benefit by granting funds to this group. 2 Sherry Loofbourrow, representing Leadership Tomorrow, 1460 Jamboree Road, Newport Beach, answered questions .from the Council, and summarized the objectives of the program, reporting that it encompasses three cities, Newport Beach, Irvine, and Costa Mesa. She explained that the program is designed to identify and develop potential community leaders. John Feeney, 1154 Dorset Lane, Costa Mesa, stated that he believed the organization facilitates entry into the political field. He did not believe this was a proper use of taxpayer funds. Ms. Loofbourrow responded that the organization.does not groan candidates for City Councils, but it does try to encourage people to under- stand all issues so they can be of service to the community. MOTION A -motion was made by Vice Mayor Amburgey, seconded by Denied Request Council Member Wheeler, to deny the request for a grant for Funds from of $5,000.00 from Leadership Tomorrow. Leadership Tomorrow Council Member- Buffa believed this was a worthwhile program and stated he would oppose the motion. Council Member -Wheeler suggested the possibility of funding a video production. The motion to deny the request.carried by the following MOTION On motion by Council Member Wheeler, seconded by Council Approved Immediate Member- Buffa, immediate funding for signs was approved Funding for Signs 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 a request to establish a College Park Assessment District for construction of eight -foot College Park high block walls around the tract. Assessment District The City Manager referenced a memorandum from the Leisure Services Director-, reporting that a survey had been taken of property owners in College Park and 66.7 percent were in favor of the Assessment District. He recommended that Council authorize staff to proceed !with the initiation of a district which will include investigating initial financial data, and obtaining a district engineer to design the block walls. roll call vote: AYES: COUNCIL MEMBERS: Amburgey, Wheeler, Hornbuckle NOES: COUNCIL MEMBERS: Hall, Buffa ABSENT: COUNCIL.MEMBERS: None ".Do Not Block The Clerk presented a request concerning installation Intersection" and enforcement of "Do Not Block Intersection" signs at Signs 'key, critical locations. The Public Services Director referenced his memorandum dated September- 23, 1988, and recommended approval of both alternatives recommended by staff: (1) Coordina- tion with Orange County Transit District (OCTD) for funding; and (2) immediate funding for signs. MOTION Approved Coordina- A motion was made by Vice Mayor Amburgey, seconded by tion -with OCTD for .Council Member Hornbuckle, and carried 5-0, approving Funds coordination with OCTD for funding. MOTION On motion by Council Member Wheeler, seconded by Council Approved Immediate Member- Buffa, immediate funding for signs was approved Funding for Signs 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 a request to establish a College Park Assessment District for construction of eight -foot College Park high block walls around the tract. Assessment District The City Manager referenced a memorandum from the Leisure Services Director-, reporting that a survey had been taken of property owners in College Park and 66.7 percent were in favor of the Assessment District. He recommended that Council authorize staff to proceed !with the initiation of a district which will include investigating initial financial data, and obtaining a district engineer to design the block walls. i8 MOTION A motion was made by Council Member­Hornbuckle, seconded Staff -Directed to by Vice Mayor Amburgey, and carried 5-0, directing staff Proceed -with to proceed with establishment of a College Park Assess - Assessment District ment District. Coast Community The Clerk presented a request fran Coast Community Col - College District lege District for reconsideration of the General Plan Request for GPA designation for property at 1370 Adams Avenue. Rehearing A communication was received frnn C. Eugene Hutchins, 1808 Kinglet Court, Costa Mesa, opposing the request for a rehearing. Mayor Hall reported that he.had requested placing this item on the Agenda. He referred to the .letter dated September 19, 1988, from Alfred P. Fernandez, Chancellor of the Coast Community College District, which states that the Board of Trustees believes they were deprived of an opportunity to present material and thereby have been deprived of consideration of various uses of the property subsequent to the Council's action. Mayor- Hall expressed his opinion that since the Board feels they were deprived of a fair hearing, the request should be approved. Chancellor- Fernandez stated that he and the Board of Trustees feel they were not given a chance to present their case at the June, 1988,.meeting. Because the General Plan designation for the subject -property was approved for Public and Semi-public use at the June, 1988, meeting, Mayor- Hall suggested that if this request were approved, it should be for a change from the above-mentioned designation, not a request to rescind the previous Council,action. Sandra Genis,.1586 Myrtlewood Street, Costa Mesa, mentioned that Council made a decision last June, and according to the Municipal Code, a request for rehear- ing must be filed within -seven days of the Council's decision. Mayor Hall commented that the letter fran the Chancellor says "reagendize", not "rehear". Responding to Mayor Hall's question, the City Manager reported that the applicant for the previous General Plan Amendment was the City of Costa Mesa. Gene Hutchins, 1808 Kinglet Court, Costa Mesa, stated that if Council starts with the Public and Semi-public use, it would not be a rehearing of the previous request. Mr. Hutchins urged Council to deny the request. John Feeney, 1154 Dorset Lane, Costa Mesa, comunerted that Costa Mesa citizens are overwhelmingly opposed to development of the site, and asked that Council deny the request. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, reported that he attended at least three meetings of the Board of Trustees,,and several Planning Ccamnission and Council meetings at which.this issue.was discussed, and asked if .the .College District Board filed any documentation to substantiate its request. Mayor Hall responded that they did not. Mr.: Willi&ns stated that he would support the College District in raising private funds to accomplish its goals. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, asked for clarification, that is, if this item should came back to Council for reconsideration, would the decision be subject to a referendum. The City Attorney replied that it would be subject to a referendum as permitted by law. Motion to Approve Mayor Hall made a motion to direct staff to bring back Died for Lack of a General Plan Amendment to the Council for the Coast a Second Ccmmunity College District property referenced in Mr. Fernandez's letter, with the basis of the Public and Semi-public designation, to consider various alterna- tives for a General Plan change on that property. The motion died for lack of a second. MOTION A motion was made by Council Member Hornbuckle, seconded :Request Denied by Council Member Wheeler, to deny the request for recon- sideration of the General Plan designation for property at 1370.Adams Avenue. Council Member Hornbuckle believed it was inappropriate for Council to reconsider, or reagendize, a.decision that was made approximately three months ago; however, she felt the College District should have the opportun- ity, as all parties do, to meet the November 9, 1988, deadline for sutmitting an application for a General Plan Amendment. She ccmmented.that at this time, she 'does not know if she could support the request, but.the Board of Trustees should be permitted to request changing the land use designation. Council Member Wheeler concurred with Council Member Hornbuckle's statements, and stated that he did not believe the Board was denied an opportunity to present materials, nor was there any deprivation of considera- tion of various uses of the.prcperty, in fact, all such uses were considered. He also stated that if certain individuals as referred to in the letter of September 19, 1988, were asked not to testify, he did not ask those people not to testify, and assumed the Coast Cc mtunity College District might have done so. Council Member Wheeler did not believe it was true that, accord- ing to the letter, the Council acted immediately to amend the General Plan and the opportunity for the Board to present their- case was lost, nor did he believe Courr cil took away any of the District's property rights. The motion to deny the request carried 4-1, Mayor Hall voting no. Requests from the On motion by Council Member Hornbuckle, seconded by Vice Costa Mesa Senior Mayor Amburgey, and carried 5-0, the following requests Citizens -Nonprofit frcm the Costa Mesa Senior Citizens Nonprofit Corpora - Corporation tion were referred to the Council Study Session of October 10, 1988, at 4:00 p.m., in the fifth floor MOTION Conference Room: Referred to Study Session of Octo- Proposed Memorandum of Understanding between the City ber 10, 1988 of Costa Mesa and the Seniors Nonprofit Corporation. Site selection presentation for the Senior Citizens Multipurpose Center. Public Nuisance at Item 3 on the Consent Calendar was presented: A resolu- 263 Hanover Drive tion declaring that rubbish and weeds at 263 Hanover Drive are a.public nuisance and setting a public hearing. 1 MOTION On motion by Council Member Buffa, seconded by Council Resolution 88-79 Member Wheeler, Resolution 88-79, being A RESOLUTION OF Adopted, Setting THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, a Hearing on DETERMINING AND DECLARING THAT RUBBISH AND WEEDS ARE 06tober.20.,..1988 A PUBLIC NUISANCE; DIRECTING THE FIRE CHIEF OR HIS DESIGNEE TO REMOVE SAID -RUBBISH AND DESTROY SAID WEEDS AS REQUIRED BY LAW; FIXING THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS; AND DIRECTING THE ABATEMENT OF SAID RUBBISH AND WEEDS, setting a public hearing for - October 20, 1988, at 6:30 p.m., was adopted by the following roll -call vote: AYES: COUNCIL -MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Amburgey/Carich Item 4 on the Consent Calendar was presented: Setting public hearings for Ronald Amburgey and Andrew Carich, 135 Commercial Way, Costa Mesa, for property at 2233 and 2239 Fairview Road: GP -88-3B General Plan Amertnent GP -88-3B, to change the land use designation from General Commercial to High Density Residential. R-88-07 Rezone Petition R-88-07, to rezone from C1 to R4. 'Environmental Determination: Negative Declaration. MOTION Hearings.Set for On motion by Council Member Buffa, seconded by Mayor November 7, 1988 Hall, and carried 5-0, these items were set for public hearing .on November 7, 1988, at 6:30 p.m. Haim -tett Item 5 on the.Consent Calendar was presented: Setting public hearings -for Jack.Hammett, 809 Presidio Drive, Costa Mesa, for property at 1953 and 1997 Orange Avenue: GP -88-3C General Plan kmendment GP -88-3C, to change the land use designation from low to Medium Density Residential. R-88-08 Rezone Petition R-88-08, to rezone fron R1 to R2. Environmental Determination: Negative Declaration. MOTION On motion by Vice Mayor Amburgey, seconded by Council Hearings Set for Member Buffa, and carried 5-0, these items were set for November 7,.1988 public hearing on November- 7, 1988, at 6:30 p.m. Segerstran Item 6 on the Consent Calendar was presented: Setting public hearings for C. J. Segerstron & Sons, 3315 Fairview Road, Costa Mesa, for the South Coast Plaza Town Center development: EIR No. 1041 Environmental Impact Report (EIR) No. 1041, for the. Town Center- office tower and hotel. GP -88-3A General Plan Amendment GP -88-3A, to increase the a building intensity standards within the Town Center. ZE-77-246A3 Zone Exception ZE-77-246A3, to increase the allowable development intensity of the Town Center Master Plan fron 3.0 to.3.248 million square feet. PA -88-144 Planning Action PA -88-144, for a Development Plan for a 21 -story office building containing 476,059 square feet and a 5 -level parking structure. PA -88-145 Planning Action PA -88-145, for a Development Plan for a 5 -story, 332 -roam hotel, with a Conditional Use IS.Z3 Pennit for valet -parking, and a variance from setback,, requirements. MOTION A motion was made by Vice Mayor Amburgey, seconded by Hearing Set for Council Member Buffa, to set the public hearings for October 31, 1988 October 31, 1988, at 4:00 p.m. The motion carried 3-2, ,Council Members Hornbuckle and Wheeler voting no. Budget Adjustment Item 10(b) on the Consent Calendar was presented: No. 88-30 Budget Adjustment No. 88 -30 -.for $3,383,125.00, to fornr Excess Appropria- ally appropriate proceeds of taxes in excess of the tion 1987-88 appropriation limit for fiscal year 1987-88. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that any dollar aunt this large should be explained. Mayor Hall replied that this money was for Measure "C" street, sidewalk, and parkway improvements. MOTION On motion by Council Member Buffa, seconded by Vice Adjustment Mayor Amburgey, Budget Adjustment No. 88-30 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 Abandonment of 'Item 14 on the Consent Calendar was presented: A Public Rights -of-- Resolution of.Intention to abandon public streets in Way between Newport, the area bordered by Harbor Boulevard, Newport Boule- Harbor, and 19th yard and West 19th Street. Charles.McConney, Wells Fargo Bank, suggested Council not consider this item until after a decision is made at the joint Council/Redevelopment Agency meeting on October - 20, 1988. He.stated that if the vote regarding redevel- opment of the subject property were negative, then it would be inappropriate to abandon public rights-of-way. MOTION On -motion by Mayor- Hall, seconded by Vice Mayor Amburgey, Resolution 88-80 Resolution 88-80, being A RESOLUTION OF THE CITY COUNCIL Adopted; Hearing OF THE.CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS Set for October 20, INTENTION TO ORDER THE VACATION OF PUBLIC STREETS IN THE 1988 AREA BORDERED BY HARBOR BOULEVARD, NEWPORT BOULEVARD, AND WEST 19TH STREET, setting the public hearing for - October 20, 1988, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler-, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY REPORT The City Attorneypresented a recommendation concerning Ronald Colleton v. City of Costa Mesa, OCSC Case No. Colleton Lawsuit 464370. MOTION A motion was made by Council Member Buffa, seconded by Authorized Tender Council Member Hornbuckle, to tender the remainder of of Stop Loss for aggregate stop loss to the insurance canpany for settle - Settlement ment purposes. The motion carried by the following roll Purposes call vote: AYES: COUNCIL MEMBERS: Hall, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS:. None CITY MANAGER The City Manager presented a resolution regarding a REPORT proposed City/County Detox Program. He recommended two changes to the third sentence, last paragraph, of the JLC ' .City/County _ resolution.- It should.read, "Funds may (instead of Detox Program "shall") be administered through a joint powers author- uthority, ity,(add) or a similar- arrangement, on a contract basis to private clinics, (add) nonprofit organizations, and ..hospitals for detox services. MOTION On motion by Council Member Hornbuckle, seconded by .Resolution 88-81 Vice Mayor.Amburgey, Resolution 88-81, being A RESOLU- Adopted .TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGARDING A PROPOSED CITY/COUNTY DETOX PROGRAM, as amended, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler,._,, Hornbuckle, Buffa -� NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ORAL COMMUNICATIONS Sandra.Genis, 1586 Myrtlewood Street, Costa Mesa, cammented that the Senior- Citizens went through consid- Senior Citizens '•. erable expense to have their architect present this Nonprofit this evening. She suggested that Council give advance Corporation -notice to the Seniors if.any of their items are to be continued so they will not have, to pay for outside services unnecessarily. Telephone Survey Sandra Genis reported that 'several people on the same block .have been subject town extensive telephone survey where the caller indicated -.that the survey was being made on behalf of -the City of Costa Mesa. She stated that she was aware of a General Plan survey being con- ducted; however-, it was her understanding that there would be randanized calls throughout the City. After six households in .a row having been surveyed, she ques- tioned the. accuracy of the City's survey, or the possi- bility of someone misrepresenting,himself as conducting a survey for the City. Ms. Genis requested that City staff investigate the matter. Mayor Hall responded that Ms. Genis brought up a good point and anyone doing a legitimate survey should not be calling more than one person on any block. General Plan Sandra Genis questioned the number of General Plan Amendments Amendments being processed by the City within a one- year period. She contended that Council may take action only four times a year except for the low- and moderate - income housing provision. World International A gentleman (who did not identify himself) reported that Skating Champion- two Costa Mesa residents are representing the City in ships in London London at the World International Skating Championships in preparation for the 1992 Winter Olympics. Soffer Camients Sid Soffer, 900 Arbor Street, Costa Mesa, asserted that no one could prove that traffic from the South Coast Plaza project would lengthen the time it takes to travel from the Newport -Boulevard turnoff/Bristol Street loca- tion going north to Bristol and First Streets in Santa Ana. COUNCILMANIC Council Member Hornbuckle announced that the Human Rela- COMMENTS tions Carnnittee is planning a follow-up to the living .Human Relations roam dialogues on October- 23, 1988, from 2:00 p.m. to Cc mittee 5:00 p.m., at Rea Cc mnunity Center. Costa Mesa Job Vice Mayor Amburgey announced that on Monday, October 3, Center at 9:00 a.m., the Costa Mesa Job Center was opened, and the Center- will be in operation on Tuesday, October 4. 18 -R Chamber of Commerce Vice Mayor Amburgey mentioned that at a recent Council Membership Award to meeting, John Feeney addressed the Council stating that Pacific Amphitheatre the Costa Mesa Chamber of Ccmerce presented the Pacific Amphitheatre with an ethics award. The Vice Mayor ..reported -,that after investigating Mr. Feeney's state- ment, he found that in the.April, 1988, issue of the Forum (a Chamber of Commerce magazine), the Chamber's Ethics Committee awarded_ a certificate to the Pacific Amphitheatre for three years' continuous membership in the Chamber-. ANNOUNCEMENT The Mayor reminded everyone that there will be a special Council meeting on October.12, 1988, immediately follow- ing the regular Redevelopment Agency meeting; and there will also be a special joint meeting of the Council and the Redevelopment Agency on October 20, 1988, at 6:30 p.m. ADJOURNMENT The Mayor declared the mee a 'our-ned at 3:25 a.m. LZL Mayor of City of Costa Mesa y Clerk` of-- .the City of Costa Me