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HomeMy WebLinkAbout10/20/1988 - Adjourned City Council MeetingROLL CALL ADJOURNED REGULAR AND SPECIAL MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 20, 1988 The City Council of the City of Costa Mesa, California, met in adjourned regular and special session October 20, 1988, at 6:40 p.m., in the Police Auditorium, 99 Fair Drive, Costa Mesa. The meeting was duly and regularly adjourned from the regular meeting of the City Council of October 17, 1988, and copies of the Notice of Adjourn- ment were posted as required by law. and was duly noticed as a special meeting. The meeting was called to order by the Mayor. COUNCIL MEMBERS PRESENT: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Notice of Completion Modifications to Traffic Signals at Fairview Road and Baxter -Griffin Sunflower Avenue have been completed to the satisfaction of the Public ServicesiDirector by Baxter -Griffin Traffic.Signal Company, Incorporated, Post Office Box 979, Stanton. On Modifications at motion by-ouncil Member Hornbuckle, seconded by Council Fairview/Sunflower Member Buffa, the work was accepted, and the Clerk was authorized to file a Notice of Completion. The motion MOTION carried by the following roll call vote: Work Accepted AYES: COUNCIL MEMBERS: Hall, Amburgey• Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment Item 3 on the Consent Calendar was presented: Budget 89-38/Northbound Adjustment 89-38 for $50,000.00 for widening the north - Off Ramp I-405 at 'bound off ramp of the Interstate 405 Freeway at Harbor Harbor Boulevard Boulevard. COUNCIL MEMBERS ABSENT: None 'OFFICIALS PRESENT: City Manager- City Attorney, t .Deputy City Manager/Develop- ment Services, Fire Marshall, City Clerk CONSENT CALENDAR The following -item was removed from the Consent Calendar: 'Item 3, Budget Adjustment 89-38 for $50,000.00. On motion by Council Member�Hornbuckle, 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 ADMINISTRATIVE Bids received for the 1988-89 Street Maintenance,Project ACTIONS (reconstruction,'milling and overlay, hot rubberized chip seal and slurry) are on file in the Clerk's office. 1988-89 Street On motion by Council Member Hornbuckle, seconded by Maintenance 'Council Member Buffa, the contract was awarded to Vernon Project Paving Company, 2544 Woodland Drive, Anaheim, for $804,400.00. The motion carried by the following roll MOTION call vote: Awarded to AYES:_ COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Vernon Paving Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Modifications to Traffic Signals at Fairview Road and Baxter -Griffin Sunflower Avenue have been completed to the satisfaction of the Public ServicesiDirector by Baxter -Griffin Traffic.Signal Company, Incorporated, Post Office Box 979, Stanton. On Modifications at motion by-ouncil Member Hornbuckle, seconded by Council Fairview/Sunflower Member Buffa, the work was accepted, and the Clerk was authorized to file a Notice of Completion. The motion MOTION carried by the following roll call vote: Work Accepted AYES: COUNCIL MEMBERS: Hall, Amburgey• Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment Item 3 on the Consent Calendar was presented: Budget 89-38/Northbound Adjustment 89-38 for $50,000.00 for widening the north - Off Ramp I-405 at 'bound off ramp of the Interstate 405 Freeway at Harbor Harbor Boulevard Boulevard. Council Member Wheeler stated opposition to this budget adjustment. Mark Korando', 582 Park Drive, Costa Mesa, asked how the additional appropriation would be utilized. The City Manager stated this budget adjustment is for an extension of the off ramp which would bring the ramp into grade ccmpliance with the existing freeway. MOTION A motion was made by .Council Member Buffa, seconded by Adjustment Council Member Hornbuckle, to approve Budget Adjustment Approved 89-38. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey., Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING, The Clerk announced that this was the time and place Public Nuisance at set for the public hearing to consider a resolution 263 Hanover Drive declaring that rubbish and weeds at 263 Hanover Drive are a public nuisance.. A letter was sent by certified mail to the property owner and no communications were received. The Affidavit of Posting and Publishing are on file in the Clerk's office. The Fire Marshall stated that a public nuisance is being declared on the unsecured building located on this property as well as for the rubbish and weeds. He presented slides showing the present condition of the home and property. Staff proposes to remove all weeds and trim the overgrowth,, remove all rubbish from inside the home and garage, and to board up all entrances• including holes in the roof. Bill Ward, 273 Hanover Drive. Costa Mesa, speaking for himself and on behalf of Steve and Lynn Berry who were unable to attend the meeting this evening, requested passage of the proposed resolution. He stated there are several safety hazards on the property with conditions as they presently exist. Bill Runge, 268 Hanover Drive, Costa Mesa, agreed with the statements made by Bill Ward. He requested an ongoing maintenance program for this property. Marie Maples, 461 Swarthmore Lane, Costa Mesa, speaking on behalf of the College Park Homeowners Association, thanked Council and staff for the work they have done and are continuing to do on this matter. There being .no further public speakers, the Mayor closed the public hearing.. MOTION A.motion was.made by Council 'Member Buffa, seconded by Resolution 88-82 Council Member Hornbuckle, to adopt Resolution 88-82, Adopted being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INSTRUCTIN& AND AUTHORIZIN& THE FIRE CHIEF OR HIS.,DESIGNEE OF THE CITY OF COSTA MESA TO PROCEED WITH THE REMOVAL OF RUBBISH AND WEEDS AND SECURING,OF THE STRUCTURES AT 263 HANLOVER,DRIVE. In response to questions posed by Council Members Buffa and Hornbuckle, the Fire Marshall stated that the funds for the initial clean up would be derived from the Weed Abatement Account and then be placed on the tax rolls for the property. The clean-up will be accomplished in less than a week. ill%j r*, In reponse to a question posed by Council Member Hornbuckle, the City Manager stated that the resolution allows staff to" clean up the property on a routine basis. 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 ANNOUNCEMENT Mayor Hall announced that Public -Hearing Item No. 2, and Old Business Items No. 1 and No, 2 will be heard at this time. The Redevelopment Agency has requested withdrawal of all items pertaining to the property at 19th Street, Harbor Boulevard", and Newport Boulevard, and has re- quested that these items be acted upon prior to proceed- ing with the remainder of the Agenda. PUBLIC HEARING The Clerk announced that this was the time and place set vacation of for the public hearing to consider a resolution to order Public Streets the vacation of public streets in the area bordered by Harbor Boulevard, Newport Boulevard, and 19th Street-: The Affidavits of Publishing and Posting are on file in the Clerk's office. A letter has been received from Southern California Gas Company, lost Office Box 3334, Anaheim, and a telephone call was received from Pacific Bell, requesting that permanent utility easements be reserved. OLD BUSINESS Ordinance 86-17, being AN ORDINANCE OF THE CITY COUNCIL Ordinance.86-17 ,OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING,THE R-86-09 ZONING, OF PROPERTY BORDERED BY 19TH STREET, HARBOR BOULE- Triangle Square YARD, AND NEWPORT BOULEVARD FROM C2 TO:PDC, in connection Associates with Rezone Petition•R 86-08, Triangle Square Associates, formerly L.A. County Lend Company, Incorporated, was presented for second reading and adoption - Ordinance 88-17 Ordinance 88-17, being AN ORDINANCE OF THE CITY COUNCIT• DA-88-01/Develop- OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE ment Agreement DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE COSTA MESA REDEVELOPMENT AGENCY, was presented for second reading and adoption. David Pies, Vice President and Senior Counsel, Wells Fargo Bank, 333 South Grand Avenue, Suite 1040, Los Angeles, asked if the ordinances were withdrawn, if it would be necessary to repeat the first reading to the ordinances if they were brought back for adoption at a later date. The City Attorney responded that a reno- ticing of second reading would be required. Mr. :Pies stated that there are several people present for the public hearing this evening and• in his opinion, to not hear the item at the request of the developer would be unconstitutional,' For the record, if Council decides to withdraw this item, he will object to the ;decision. Mayor Hall stated that the request for withdrawal is being made by the City. ,There being no further speakers, the Mayor closed the ;public hearing. MOTTON A motion was made by Council Member Wheeler, seconded Withdraw Resolution ;by Council Member Hornbuckle, to withdraw the request and Second Reading for a resolution regarding vacation of public streets, of Ordinances 86-17 and to withdraw second reading and adoption of Ordinance and 88-17 86-17 and Ordinance 88-17. The motion carried by the following roll call vote: di, 9 AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS: None The City Attorney stated it would be appropriate to con- sider -Old Business Item No. 3 before considering Public Hearing'No. 3. ANNOUNCEMENT Mayor Hall announced that Old Business Item No. 3 will be presented at this time. OLD BUSINESS The Clerk presented a request for rehearing of Council's Request for denial of Development Agreement DA -88-02, from David Rehearing Bali, Arnel Development Company, 950 South Coast Drive, DA-88-02/Arnel Suite 200, Costa Mesa, authorized agent for A & R, Development Parcel 4, and R & A, Parcel 5, c/o Rutan and Tucker, 611 Anton Boulevard, Costa Mesa, for PhasPF ? and 3 of Metro Pointe, located in the southwest portion of the 900 block of South Coast Drive, in a PDC zone. Environ- mental Determinations Environmental Impact Report No. 1020 certified in 1984. The City Attorney reported that the applicant has re- quested the public hearing be set for the meeting of October 31, 1988,.if a rehearing is granted. The written request is attached to staff's memorandum dated October 13, 1988, which addresses legal research on this item. Leonard.Hampel, Rutan and Tucker, stated they believe the.Mello Roos District alone warrants a rehearing. Also, in.their opinion, the actions taken by Council at the last meeting regarding this item were clearly legal and valid but since there have been questions raised they wish to have the item renoticed to give everyone concerned an opportunity to address the issue. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, stated that there must be a finding that there was evidence that could not have been presented at the time of the original hearing, or that the applicant or appelant was somehow prevented from providing that evidence. She does not believe that there is any evidence on record that this occurred, and said that there was ample opportunity for the applicant to speak at that time. Further, the .Mello Roos facilities were discussed at the meeting, although not by the applicant,- and there was ample information available._ Therefore, in her opinion, the mandatory findings which are required by Code cannot be made, in this case. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the Code specifically states that an item can be reheard only if it meets certain.crite'ria=. 'The City Attorney responded affirmatively. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, felt that the developer has had ample time toaddress the issues. In his opinion, there -is no reason to grant a rehearing and requested denial of it._ Sandra Genis, 1586 Myrtlewood Street,. -Costa Mesa, said that the television is on and someone may want to request a rehearing because Council or staff were dis- tracted by it. MOTION -Based upon the fact that sufficient grounds exist under Rehearing Approved Section 2-304, Costa Mesa Municipal Code, a motion was Hearing Set was made by Council Member Buffa, seconded by Vice Mayor Amburgey, to approve the request for rehearing and to Iset the.public hearing of Council's denial of Development Agreement DA -88-02 for the special and adjourned regular meeting on October 31, 1988, at 4:00 p.m. Council Member Wheeler stated he believes there is no justification for a rehearing. -The motion carried 3-2, Council Members Wheeler and Hornbuckle voting no. PUBLIC HEARING The Clerk announced that this was the time and place set DA-88-02/Arnel 'for the public hearing to rehear Council's denial of Development Development Agreement DA -88-02, from David Ball, Arnel 'Development Company. 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 Pointe, located ,in the southwest portion of the 900 Block of South Coast Drive, in a PDC zone. Environmental Determination: Environmental Impact Report No. 1020 certified in 1984. The Affidavit of Mailing 460 legal notices is on file in the Clerk's office. One letter has been received from Stephen Eakin, 1054 Visalia Drive, Costa Mesa, in A.--atin that the Austin - Faust report dated December 14, 1987, is inaccurate, and ,requesting that it be rejected and the work be halted until an accurate traffic analysis can be completed. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hornbuckle, seconded Continued to by Council Member Buffa, to continue the rehearing of October 31, 1988 Development Agreement DN -88-02 to the special and ad- journed regular meeting on October 31, 1988, at 4:00 p.m. The motion carried 4-1, Council Member Wheeler voting no. ORAL COMMUNICATIONS Sid Soffer, 900 Arbor Street, Costa Mesa, discussed.an article which appeared in the Daily Pilot regarding the slow growth initiative. ADJOURNMENT At 7:05 p.m., Mayor Hall adjourned the meeting to a special and adjourned regular meeting on October 31, 1988, at 4:00 p.m., in the Council Chambers of City Hall, 77 Fair Drive. Mayor of the ity of Cos a Mesa CiClerk of the City of Costa M a