Loading...
HomeMy WebLinkAbout12/19/1988 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 19, 1988 The City Council of the City of Costa Mesa, California, met in regular session December 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 Paul Thomas, Church of Christ. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Ganis Council Member Fra Glasgow Council Members Absent: -None- Officials Preserite City Manager Allan Roeder City Attorney Thomas Wood Deputy City Manager/Develop- ment Services Donald Lamm Transportation Services Manager John Trower Deputy City Clerk Mary Elliott MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council December 5, 1988 Member Amburgey, and carried 5-0, the minutes of the regular meeting of December 5, 1988, were approved as distributed. ORDINANCES A nation was made by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, to read all ordinances by title only. CONSENT CALENDAR The following item was removed from the Consent Calendar: Item 6, Agreement with John Cutler and Associates regar- ding modifications to the intersections of Fairview Road and Baker Street, and Bristol Street and Sunflower Avenue. On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Ge-nis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Richard M. Coates; Richard Cole; Catherine W. Donalds; Karen Fisher; George Flores; Tessa Deon Gatlin, by her Guardian ad Litem Dennis Gatlin; Eva M. Kaye; Tracy A. Kelling; Lori McDonald; Wilson Heber Obleda; Beverly A. Simonelli; and Glenn N. and Merlyn G. Vaught. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Don Licenses Doan, Tanya Doan, Du Thi Hoang, Danh Huu Nguyen, Not Van Nguyen, and Ngan Thi Tran, doing business at 27 1907-1909 Harbor Boulevard; Michael V. Reynolds, doing business as Balloons Unlimited, 2052 Newport Boulevard, Suite 7; and Sung Keun Lee, doing business as The Reef Bar, 820 West 19th Street. Alcoholic Beverage License application for California Premium Beer and Beverage, 930 West 16th Street, Unit E2, for which staff has recommended to Alcoholic Beverage Control that it discontinue processing of the application because the applicant has not obtained the required Conditional Use Permit to operate a small beer manufacturing business at this location. Public Canmunication frau Coast Shuttle, Incorporated, 9135 Utilities Sepulveda Boulevard, Los Angeles, advising of its Commission application to the Public Utilities Cammission for a Phase I Certificate of Public Convenience and Necessity to establish an "on call" shuttle service within Los MOTION Angeles and;Orange counties. SET FOR PUBLIC On motion by Vice Mayor Hornbuckle, seconded by Council HEARING Member Glasgow, and carried 5-0, an ordinance amending Valley Crest Title -13 of the ,Costa Mesa Municipal Code regarding Small -Lot Single- ;small lot single-family developments, was set for public family Developments hearing on January 3, 1989, at 6:30 p.m., in the Council Chambers of City Hall. WARRANT 'On motion by Vice Mayor Hornbuckle, seconded by Council NOES: Member Glasgow, Warrant Resolution 1415, including Pay - MOTION roll 8825, was approved by the following roll call vote: Warrant 1415 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Amburgey, C=enis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIM Edison Company ADMINISTRATIVE ACTIONS Bid Item No. 838 Asphalt Paver and Trailer MOTION Awarded to Nixon -Egli Equipment Company On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, and carried 5-0, the claim frau Southern California Edison Company was rejected. Bids received Trailer, are ;by Vice Mayor ;Glasgow, the ,ment Company, $53,856.48. ;call vote: AYES: for Bid Item No. 838, Asphalt Paver and on file in the Clerk's office. On motion Hornbuckle, seconded by Council Member contract was awarded to Nixon -Egli Equip - 12030 Clark Street, Santa Fe Springs, for The motion carried by the following roll COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Canis, Glasgow None None Construction of Bids -received for Construction of Fairview Park Phase I Fairview Park ;are on file in the Clerk's office. On motion by Vice Phase I 'Mayor Hornbuckle, seconded by Council Member Glasgow, the contract was awarded to Valley Crest Landscape, MOTION Incorporated, 1920 South Yale Street, Santa Ana, for Awarded to $842,287.99. The motion carried by the following roll Valley Crest call vote: Landscape AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Canis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of Street and Storm Drain Improvements for Planning Action Street and Storm PA --87-43 have been completed to the satisfaction of the Drain Improvements 'Public Services Staff by Arnel Development Company, 950 for PA -87-43 by South Coast Drive, Suite 200, Costa Mesa. On motion by Arnel Development Vice Mayor Hornbuckle, seconded by Council Member Glasgow, 1 Ll MOTION the improvements were accepted, and the bonds were Improvements ordered exonerated. The motion carried by the following Accepted roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Conis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Canpletion of The Del Mar Widening Project from Newport Boulevard to Del Mar Avenue Elden Avenue has been canpleted to the satisfaction of Widening by the Public Services Staff by Excel Paving Company, Post Excel Paving Office Box 16405, Long Beach. On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, the MOTION improvements were accepted; the Clerk was authorized to Improvements file a Notice of Completion; authorization was given to Accepted release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months there- after; and the Performance Bond.was ordered exonerated 12 months thereafter. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, C -anis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: -COUNCIL MEMBERS: None Budget Adjustments Staff recommended approval of Budget Adjustments Nos. No. 89-53 and 89-53 and 89-54 for $50,000.00, for appropriation of the No. 89-54 City's participation in the Airport Site Coalition. On motion by Vice Mayor Hornbuckle, seconded by Council Airport Site Member Glasgow, the budget adjustments were approved by Coalition the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, MOTION Adjustments Approved Change Order "B" Robert Bein, William Frost and Associates North Costa Mesa Arterial Improve- ments and EIR MOTION Change Order Approved Change Order No. 1 R. J. Noble Canpany 1988-89 Measure "C" Street Maintenance MOTION Change Order Approved NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Amburgey, Conis, Glasgow None None Staff reccmmiended,approval of Change Order "B" for $12,000.00 to the contract with Robert Bein, William Frost and Associates, 14725 Anton Parkway, Irvine, in conjunction with the North Costa Mesa Arterial Improve- ments Study and Environmental Impact Report (EIR). The change order is required for copies of summary reports and an addendum to the EIR. On motion by Vice Mayor Hornbukle, seconded by Council Member Glasgow, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa,,Hornbuckle, Amburgey, Cenis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Staff recaumended approval of Change Order No. 1 for $130,000.00 to the contract with R. J. Noble Company, 1505 East Lincoln_ Avenue, Orange, in conjunction with 1988-89 Measure "C" Street Maintenance. The change order is required for the addition of overlaying New York Avenue, and the reconstruction of Illinois Street, Delaware Place, New Jersey Street and a portion of Indiana Avenue. On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Cenis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 1 Staff recommended approval of Change order No. 1 for Vernon Paving $67,000.00 to the contract with Vernon Paving Company, 2544 Woodland Drive, Anaheim, in connection with the 1988-89 Street 1988-89 Street Maintenance Project. The change order is Maintenance required for total reconstruction of Elm Street from the Z,,S MOTION bend at Andros Street to Royal Palm Drive. On motion by Change Order Vice Mayor Hornbuckle, seconded by Council Member Approved .Glasgow, the change order was approved by the following Contracting roll call vote: Ventures AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Street and Storm Amburgey, C-enis, Glasgow Drain Improvements NOES: COUNCIL MEMBERS: Ibne at 17th Street' and ABSENT: COUNCIL MEMBERS: None Change Order No. 1 Staff recommended approval of Change Order No. 1 for Bayside Builders '$59,718.00 to the contract with Bayside Builders and and Engineering Engineering Contractors, Incorporated, 3100 West Lake Contractors Center Drive, Santa Ana, in connection with the Corpora- Approved/Retention tion Yard Consolidation Phase I. The change order is Corporation Yard required for additional work relating to the testing and Consolidation report for the removal of the gasoline storge tank. On Phase I nation by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, the change order was approved by the MOTION following roll call vote: Change Order AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None Change Order Nos. Staff recommended approval of Change Order Nos. 1, 2, 1, 2, 4, and 5 4, and 5 for $8,478.28, $10,454.54, $4,308.90 and Excalibur $15,670.52, respectively, to the contract with Excalibur Contracting Contracting, Incorporated, 2760 South Harbor Boulevard, Ventures Santa Ana, for additional work required in connection Street and Storm with Street and Storm Drain Improvements at 17th Street Drain Improvements and Pomona Avenue. In addition, staff recommended that at 17th Street' and retention funds be reduced to five percent from ten per - Pomona Avenue cent of the total contract. On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, the MOTION change orders were approved, and the rentention funds Change Orders reduced to five percent from ten percent of the total Approved/Retention contract. The motion carried by the following roll call Funds Reduced vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Cenis; Glasgow NOES: COUNCIL MEMBERS: I\bne ABSENT: COUNCIL MEMBERS: None Final Map and The Final Map and Subdivision Agreement were presented Agreement for for Tract 13317, 2214 Canyon Ventures, 5662 Buckingham Tract No. 13317 Drive, Huntington Beach; 14 lots, 0.91 -acre, located at 2214 Canyon 2208-2214 Canyon Drive, for condominium purposes. On Ventures motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, the map and agreement were approved; MOTION Council did accept on behalf of the City the ingress - Map and Agree- egress easement for emergency and security vehicle ment Approved purposes over Lot "A"; did also approve subject map pursuant to the provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; the Clerk was authorized to .sign the map, and the Mayor and Clerk were authorized to sign the agreement on behalf of the City. The motion .carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Anburgey, C-enis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract 13528, Jerry Gall, Tract 13528 11162 Sherman Avenue, Garden Grove; 6 lots, 0.35 -acre, Jerry Gall located at 1519 Westminster Avenue, for condominium purposes. On motion by Vice Mayor Hornbuckle, seconded MOTION `by Council Member Glasgow, the map was approved; Council Map Approved 'did accept on behalf of the public the dedication of .Westminster Avenue; did also accept on behalf of the Conference Advance On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, a Conference Advance for $525.00, for a MOTION police officer to attend the Advanced Public Information Advance Approved Officers in Disaster Conference in San Luis Obispo from February.6 to 10, 1989, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:. None PUBLIC HEARING The Deputy City Clerk announced the public hearing, Appeal of PA -88-172 continued frcxn the meeting of December 5, 1988, for an Enyedi appeal'of Condition of Approval No. 8, requiring con- struction of residential sidewalks, frau Hans Enyedi, 383 Ramona Way, Costa Mesa, in connection with the Planning Canmission's approval of Planning Action PA -88-172, for variances frau maximum area (700 square feet allowed, 864 square feet proposed), and maximum height (15 feet allowed, 21.5 feet proposed), and to allow two stories (one permitted) for a detached garage at the above address in an R1 zone. Environmental Determination: Exempt. A letter has been received from the applicant stating his reasons for requesting this variance. City: (1) a 300 -foot easement for public utility pur- poses as dedicated; (2).an ingress -egress easement over Lot 6 for Emergency and security vehicle purposes as dedicated;.did also approve subject map pursuant to the provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City.. The motion carried by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Development of. The Director of Leisure Services recommended approval of Fairview Park a resolution granting permission to apply for grant funds to be used at Fairview Park. On motion by Vice MOTION Mayor Hornbuckle, seconded by Council Member Glasgow, Resolution 88-104 Resolution 88-104, being A RESOLUTION OF THE CITY COUN- Adopted CIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE. APPLICATION FOR GRANT FUNDS UNDER THE CALIFORNIA WILD- LIFE, COASTAL, AND PARK LAND CONSERVATION PROGRAM ACT OF 1988, FOR THE DEVELOPMENT OF FAIRVIEW PARK, A 200 ACRE PARK FACILITY, LOCATED WITHIN THE BOUNDARIES OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None •Infraction Staff recommended approval of a resolution authorizing Citations the classification of Park Ranger to issue infraction citations. On motion by Vice Mayor Hornbuckle, seconded MOTION by Council Member Glasgow, Resolution 88-105, being A Resolution 88-105 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Adopted CALIFORNIA, AUTHORIZING DESIGNATED EMPLOYEES TO ISSUE INFRACTION CITATIONS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference Advance On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, a Conference Advance for $525.00, for a MOTION police officer to attend the Advanced Public Information Advance Approved Officers in Disaster Conference in San Luis Obispo from February.6 to 10, 1989, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:. None PUBLIC HEARING The Deputy City Clerk announced the public hearing, Appeal of PA -88-172 continued frcxn the meeting of December 5, 1988, for an Enyedi appeal'of Condition of Approval No. 8, requiring con- struction of residential sidewalks, frau Hans Enyedi, 383 Ramona Way, Costa Mesa, in connection with the Planning Canmission's approval of Planning Action PA -88-172, for variances frau maximum area (700 square feet allowed, 864 square feet proposed), and maximum height (15 feet allowed, 21.5 feet proposed), and to allow two stories (one permitted) for a detached garage at the above address in an R1 zone. Environmental Determination: Exempt. A letter has been received from the applicant stating his reasons for requesting this variance. .18 The Deputy City Manager/Development Services reported that the appeal request was continued to allow addi- tional study on the need for the sidewalk on this site and/or the entire block. As noted in the applicant's appeal request, the street is lined with a number of mature trees which could be impacted if sidewalks were constructed. The Deputy City Manager stated that staff has investi- gated alternative policy options to respond to the sidewalk issue. These options are contained in a mem- orandum dated December 15, 1988. He then presented slides showing the trees along RaQnona Way. At the request of Council Member Amburgey, the Deputy City Manager cited examples of instances where the sidewalk policy requirement might be waived. Hans Enyedi referenced his letter which outlines the reasons he is appealing the sidewalk requirement and the petition signed by 19 of his neighbors opposing 'constructing sidewalks along the street. He then presented photographs of the trees and stated his major concern is for their preservation. Council Member Amburgey asked if the applicant would be amenable to posting a bond for installation of a sidewalk at some future date should the City deem it necessary. Hans Enyedi responded that he would if it were made a condition. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of granting the applicant's request for deletion of the ,sidewalk requirement. There being no other speakers, the Mayor closed the public hearing. MOTION A imtion was made by Vice Mayor Hornbuckle, seconded PA -88-172 by Mayor Buffa, to approve Planning Action PA -88-172, Approved changing Ordinance or Code Provision No. 9 to Condition of Approval No. 5, and deleting Ordinance or Code Provision No. 8 based on the considerations that there are presently few sidewalks along the street; sidewalk construction might interfere with mature trees; and this is a -cul-de-sac, not a through street which would have considerable foot traffic. Council Member Amburgey opposed the motion stating that 'the sidewalk policy was instituted so that sidewalks would be installed in areas of the City where there are none. He is in favor of the sidewalk requirement for safety reasons; or in this instance, would be in favor of the applicant posting a bond for future sidewalk ins tal la tion . Mayor Buffa and Council Member C-enis spoke in favor of the motion and cited, among other things, that the neighbors have also expressed a desire to keep the trees and not install sidewalks. In addition, this is a cul- de-sac and not on the safe routes to schools. Vice Mayor Hornbuckle recommended considering the side- walk requirement on a case-by-case basis. ;The motion carried 4-1, Council Member Amburgey voting no. -P.8-9. ANNOUNCEMENT Mayor Buffa,announced that New Business Item No. 1, request to process a General Plan Amendment from the Item Withdrawn Coast Community College District, has been withdrawn at the request of the applicant. OLD BUSINESS The Deputy City Clerk presented Ordinance 88-21 for second reading and adoption. The.ordinance relates to Solicitation solicitation from public streets and highways. The City Attorney reported that this ordinance is part of the policy Council is adopting to control the gathering of day workers along streets within the City. On motion by Council Member Amburgey, seconded by Vice MOTION Mayor Hornbuckle,-Ordinance 88-21, being AN ORDINANCE OF Ordinance 88-21 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted RELATING TO SOLICITATION OF EMPLOYMENT, BUSINESS, OR CONTRIBUTIONS FROM PUBLIC STREETS AND HIGHWAYS, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OCTC Meeting The Deputy City Clerk presented from the meeting of Time December 5, 1988, a resolution recommending to the Orange County Transportation Commission (OCTC) that its regular meetings be scheduled in the evenings. The City Manager reported that a copy of the proposed resolution was forwarded to the OCTC for review and comment. The Commission responded that scheduling regular evening meetings would pose a conflict for some of its members and has no plans to alter its regular meeting.schedule. Additional comments from the Commis- sion are outlined in staff's memorandum dated December 8, 1988. Bill Ward, 273 Hanover Drive, Costa Mesa, requested Council's adoption of this resolution so that input from more citizens can be obtained at OCTC meetings. MOTION A motion was made by Council Member Amburgey, seconded Do Not Forward by Mayor Buffa, and carried 5-0, that the resolution Resolution not be forwarded to the OCTC inasmuch as the report received from the Cormnisssion indicates that the majority of OCTC members are made up of local officials who can- not meet in the evening due to conflicting commitments. Mayor Buffa and Vice Mayor Hornbuckle felt that the Commission is aware that Cities would prefer that OCTC meetings be made more accessible to the public. Measure "G" The Deputy City Clerk presented implementation of Mea- sure "G": Report No. 3, proposed amendments to Urgency Interim Ordinance 88-20. The Deputy City Manager/Development Services presented background information contained in a memorandum dated December 15, 1988. By Council's adoption of Interim Urgency Ordinance 88-20, a moritorium was placed on all project approvals and issuance of building permits effective Friday, December 16, 1988, the same day Measure "G" went into effect. Staff is recommending proceeding with the category of "exempt" projects only. Staff is not prepared to recom- mend the acceptance or approval of any new "non-exempt" projects. At the January. 3, 1989, meeting, staff will present procedure options for processing non-exempt projects. At the request of Council Member Glasgow, the Deputy 'explained the proposed processing procedure for "exempt" .projects. Council Member Hornbuckle recommended that Section :2.A.1. on Page 2 of the proposed ordinance be rephrased. MOTION -A motion was made by Council Member Genis, seconded by Urgency Ordinance Vice Mayor Hornbuckle, to adopt Urgency Ordinance 88-20 88-20 (Rev. A) (Rev. A), being AN URGENCY INTERIM ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGARDING THE PROCESSING AND APPROVAL OF APPLICATIONS FOR DEVELOPMENT PROJECTS SUBJECT TO MEASURE G PENDING THE COMPLETION AND ADOPTION OF THE PROJECT AND TRAF- ,FIC MONITORING REPORT; rephrasing the wording on Page 2, :Section 2.A.1. to read as follows: "The City shall not accept for filing and processing, nor shall it approve or issue, an application for any "project" as defined in ;Section VII. W. of Measure "G" unless:"; and staff was directed to process "exempt" projects as proposed. Council Member Genis commented that she agreed with the 'City Attorney's alternate interpretation of Section "N" under Measure "G" which would give the Planning Commis- sion or City Council the ability to determine whether there were facts which made it appropriate to establish the exemption categories themselves and dispense with `the need to process each project individually. She also said she doubted that any moritorium was necessary, -but felt a partial lifting would be helpful to the 'public. NEW BUSINESS ;The following item was withdrawn as requested by the applicant: Request to Process Continued from the meeting of November 21, 1988, General Planrequest from Zand and Company, Incorporated, 1151 Dove Amendment Street, Suite 290, Newport Beach, authorized agent for Zand/Coast` Coast Community College District, 1370 Adams Avenue, Community College Costa Mesa, to process a General Plan Amendment chang= ing the land use designation from Public and Semi- public to Commercial Center and/or High Density Residential at 1370 Adams Avenue. Five hundred thirty (530) communications were received in opposition to the request. No Action Mayor Buffa announced that no action is required on this Required ;item. Cable Television 'The Deputy City Clerk presented Cable Television Grant Funds Committee recommendations concerning Cable Television grant funds. The City Manager presented background information and stated the Committee carefully reviewed the 13 applica- MOTION A motion was made by Council Member Amburgey, seconded tions received during the last application period and are recommending funding as outlined in their memorandum of December 13, 1988. Continued to by Council Member Glasgow, to continue this item to the January 3, 1988 meeting of January 3, 1989. Mayor Buffa asked if there was an urgency connected with any of the requests and Committee Member Carl Bureman :responded that there was not. 283 The motion carried 5-0. Mesa Verde/Country The Deputy City Clerk presented Mesa Verde/Country Club Club Drive Traffic Drive neighborhood traffic control study recommendations: Control Study Provide additional funding for improvements at the intersection of Adams Avenue/Placentia Avenue/Mesa Verde Drive West. Program and fund other arterial intersection improve- ments or concept engineering at Adams Avenue/Mesa Verde Drive East; Adams Avenue/Harbor Boulevard; Harbor Boulevard/ Nutneg Place; Harbor Boulevard/ Gisler Avenue. Trial implementation of certain disincentives for through traffic, as -approved by .the Transportation Commission. _ Transportation Commission recommends not to install barricades to prohibit left turns at Country Club Drive intersections with Gisler Avenue and Mesa Verde Drive. Thirty-seven communications.have been received: 30 requesting a safe and proper solution to traffic in all of Mesa Verde and/or on Country Club Drive; 1 demanding "no left turns" on Country Club Drive and/or its closure on one end of the street; 1 generally disagreeing with recent traffic study recommendations; 4 requesting imple- mentation of the traffic consultants' recommendations; and 1 opposed to closure of Country Club Drive. The Transportation Services Manager presented background information on the study performed by staff in conjunc- tion with Austin -Foust Associates, Incorporated. One of the major factors.in obtaining information was to receive extensive input from the citizens in the area. Several alternatives have been presented and discussed. He reported on several recommendations, some of which were - presented before the Transportation Commission which lead up.to the recommendations being presented this evening, and outlined in staff's memorandum dated December 9 ,1988. At Vice Mayor Hornbuckle's request, the Transportation Services Manager reported on time frames required to complete various recommended improvements. At the request of Council Member Amburgey, Joe Foust, Austin -Foust Associates, 1450 North Tustin Avenue, Suite 108, Santa Ana, reported on traffic counts accumulated at different times of the year after his firm was awarded the contract for Traffic Studies on Country Club Drive in August, 1987. Mayor Buffa asked if license plate counts were taken to assist in determining where traffic was being generated. Joe Foust stated license plate surveys were taken utiliz- ing the three last license plate numbers. In addition, turning moving counts, peak hour counts, following of traffic platoons, and an origin and destination survey were also performed. He expressed disappointment in the results of the license plate survey. Mayor Buffa felt there isa missing link in the survey without a thorough license plate investigation. He requested that in the future, should it be determined that a study is not going as well as expected, Council be informed so that the process can be re-examined. Mayor Buffa.announced that he will be taking a straw vote from Council to determine if a baseline for discussion could be established in support of the recom- mendations reflected in staff's memorandum of December 9, 1988. He stated recommendations do not include street closures nor the installation of barricades to prohibit left turns at Country Club Drive intersections with Gisler Avenue and Mesa Verde Drive, and these items will not be open for discussion if the recommendations are supported by Council. Council Member Canis supported the recommendations with minor changes. Vice Mayor Hornbuckle supported the recommendations with the stipulation that they be re-evaluated within a reasonable period of time, and if they are found to be insufficient, recommended considering other options. Mayor Buffa supported the recommendations with some fine tuning and with the stipulation that they be re-evaluated after a short period of time. Council Member Amburgey supported the recommendations, stating it is important to clarify that this is for a test period, will be reviewed on several occasions, and if found insufficient, other alternatives will be explored. Council Member Glasgow supported the recommendations for the reasons previously stated by the other Council members. The following Costa Mesa residents spoke: Mrs. Cole, 3149 Madeira Avenue, recommended installation of speed bumps and asked for immediate action at Harbor Boulevard and Adams Avenue. Phillip Byrnes, 3099 Country Club Drive, speaking on behalf of Residents Against Traffic and Stress (RATS), reported that sound studies were performed by Sam Lane, a resident of Costa Mesa and an Acoustical Consultant. He reported that two video tapes have been made showing :traffic in the area; one tape was made at California .Street and Gisler Avenue; and the other on Country Club Drive and Mesa Verde Drive West, and the corner of Country Club Drive and Jamaica Read. A video tape was presented. A narration was provided by Phillip Byrnes who also presented a history of develop- ment and traffic within the Mesa Verde area. He stated that every type of traffic disincentive has been investi- gated and felt that the most cost effective type of traffic disincentive in the Mesa Verde area would be a choke somewhere to prevent through traffic of the com- muter variety. He requested a trial period of 90 days for prohibiting left turns within the neighborhood. Kevin Harris, 3152 Bermuda Drive, addressed traffic counts and felt that the disincentives already in place, i.e. stop signs, are preventing through traffic within the area. Sam Lane, Acoustical Consultant, stated he measured noise levels from 7:00 a.m. - 9:00 a.m., 12:00 noon to 1:00 p.m. and 4:30 p.m. - 5:30 p.m. today on Country Club Drive. A video of this area was then presented. 1 Mr. Lane said he used a sound level meter and graphic level recorder to indicate noise level time histories. These measurements were recorded approximately 15 to 25 feet from the street. Samples were taken in time spans of 10 to 15 minutes at each of these locations. The tests found ambient background noise to be 45 to 55 decibels and the automobile traffic levels were 55 to 80 decibels with a traffic rate of 5 to 10 automobiles per minute. He stated this is an extremely high amount of traffic for a two-way residential street of this type. He compared the noise level to homes under flight paths and stated that the levels on Country Club Drive exceed the criteria for preservation of health and welfare set by the Environmental Protection Agency, and then pre- sented four charts depicting every noise event which occurred during his monitoring period. In response to questions posed by Council Member Genis, Sam Lane stated that the noise events approaching 80 decibels occurred during the a.m. hours near the corner of Jamaica Road and Country Club Drive when automobiles were travelling in a northerly direction and the sound equipment was further from the main flow of traffic and closer to the southerly traffic flow. He computed hourly and daily noise levels utilizing his knowledge of highway noise models, experience., and on the noise levels taken during the testing period. Council Member Amburgey addressed sound monitoring and asked if the equipment utilized could be affected by a frequency not audible to the human ear. Sam Lane re- sponded that he utilized an "A" weighted scale which could not be affected by this type of frequency. RECESS Mayor Buffa declared recess at 8:25 p.m., and the meeting reconvened at 8:40 p.m. Patricia Johnson, 2853 Europa Drive, spoke in favor of implementing staff's recommendations. Janet Dukes, 2904 Clubhouse Drive, spoke in favor of the recommendations and'also requested that the speed limit be decreased to 25 miles per hour in the Mesa Verde area to discourage outside motorists. Ken Sutton, 3078 Gibraltar Avenue, felt the entire Mesa Verde area traffic problem should be investigated vs. individual streets. Chris Spenser, 1852 Samar Drive, spoke in favor of addressing the traffic problems for from the entire Mesa Verde area. Julie Sutton, 3078 Gibraltar Avenue, spoke in favor of solving the traffic and noise problems in the entire area, and.asked that consideration be given to the intersections of Baker Street and Royal Palm Drive and Baker!Street and Labrador Drive which are a hazard for children. Charles Mack, 3176 Country Club Drive, addressed speed and traffic safety hazards in the Mesa Verde area and referenced accidents, personal injury, and damage to property on Country Club Drive. Karl Kahre,-1828 Samar Drive -,.said the problem has not been adequately defined and areas of traffic generation as well.as additional studies ori -the cause of increases and decreases in traffic should be accomplished before solutions recommended. 'John Harris, 3152 Bermuda Drive, felt most of the traf- fic was generated within Mesa Verde and was in favor of addressing the entire Mesa Verde area as a whole rather :than individual streets. ;Denise Burns, 3099 Country'Club Drive, spoke in favor of no left turns onto Country Club Drive. .Frank Forbath, 2880 Clubhouse Road, recommended that consideration be given to opening Gisler Avenue, and also asked that more parents and high school children .car pool to help ease the substantial school traffic within the area. ,Bette Rothman, 3071 Country Club Drive, read a letter from Ann Mound, 3128 Country Club Drive, who could not be present. The letter requested that something be done to alleviate the traffic on Country Club Drive and recommended no left turns onto the street for a trial ;period. Darrell Nef t, 3132 Madeira Avenue, spoke in favor of staff's recommendations and in favor of more stop signs on Mesa Verde Drive. Dorothy McKee, 3072 Country Club Drive, addressed safety 'and read d letter from Scott Paulson, Principal of California and TeWinkle schools, dated September 16, 1988, which expressed support of any plan which would reduce traffic at the intersection of California Street -and Gisler Avenue. In addition, Mrs. McKee referenced a petition signed by 52 people (which was not submitted ,for the record) requesting closure of Country Club Drive which she supported for safety reasons. Ed Bell, 3152 Country Club Drive, stated that he partici- pated in a survey of residents on the street and then read from a report on the incidents and accidents which were compiled from the survey. Jim Jones, 2004 Calvert Avenue, spoke in favor of more ,synchronized lights within the City, fewer left hand turn lanes, and requested stricter enforcement of the speed limits. Nora Sharpe', 3006 Country Club Drive, presented a report on accidents which have occurred as a result of excessive speed and unsafe turns and asked that something be done to make the street safer and quieter. John Moorlach, 3169 Madeira Avenue, spoke in favor of staff's recommendations but expressed concern with some of the items. Mary Renner, 3206 New York Avenue, recommended that the schools and parents assist in stopping children from crossing in the middle of the block on Gisler Avenue, and also recommended more utilization of school buses which she said are now free to all students. ;Lew Himmelrich, 3001 Country Club Drive, spoke in favor of instituting traffic modifications. Bill Richards, 1959 Balearic Drive, recommended mini- mizing access to the neighborhood and asked for safer driving from residents within the area. Loretta Rivera, 1589 Corsica Place, expressed concern ,for the safety of school children utilizing Gibraltar Avenue if traffic were rerouted from Country Club Drive. Erma Serafin, 3147 Sumatra Place, school crossing guard at the four-way stop located at Gisler and Gibraltar Avenues/California Street, spoke about her concerns for the safety of children because of the hazardous way the automobiles travel through the area. She then related incidents which have occurred and requested that some- thing be done about the traffic. Helga Schweininger, 3080 Country -Club Drive, spoke in favor of more stop signs within the area, reduction of the speed limit, no left turns onto Country Club Drive, and opening Gisler Avenue to Huntington Beach. Sherry Neft, 3132 Madeira Avenue, addressed traffic and its related noise and requested that something be done to benefit the entire area. David Palmer, 1622 Corsica Place, spoke in favor of the recommendations and felt,everyone should join together in supporting improvements for the benefit of the entire area. Kim McKee, 3072 Country Club Drive, requested something be done to alleviate the traffic and spoke in favor of no left turns at the intersections of Country Club Drive and Gisler Avenue and Mesa Verde Drive. Dick Sherrick, 3146 Country Club Drive, referenced letters he has sent to Council and various staff members, and comments by police officers regarding traffic in the Mesa Verde area. He stated something needs to be done to stop the volume and speed of traffic in the area. Chuck Piper, 3065 Country Club Drive, felt the recommen- dations will not solve the problems of traffic on Country Club Drive, and requested more police enforcement of the speed limit. Robert Graham, 3175 Mediera Avenue, spoke against no left turns at the intersection of Gisler Avenue and Country Club Drive. Phillip Byrnes, in summation, recommended that considera- tion be given to opening Gisler Avenue. He stated the RATS are in favor of staff's recommendations with the stipulation that they be for a 60 -day trial period and if, at the end of that period, traffic does not decrease to an acceptable level, other means be taken to alleviate the through traffic in Mesa Verde. RECESS Mayor Buffa declared recess at 10:15 p.m., and the meet- ing reconvened at 10:25 p.m. Vice Mayor Hornbuckle recommended that installation of a traffic signal at the four -way -stop of Gisler and Gibralter Avenues/ California Street be investigated by the Transportation Commission as a priority item; also, that installation of a signal be investigated for the intersection of Country Club Mesa Verde Drives. In reply to questions posed by Vice Mayor Hornbuckle relating to slowing traffic at Jamaica Road and Country Club Drive, the Transportation Services Manager presented what would be required to create a traffic circle; the effects of speed bumps and speed humps; striping on various streets and the time to accomplish it; and the effect of traffic patterns during construction on Mesa Verde Drive. r% ; AMENDED MOTION Vice Mayor Hornbuckle amended the motion to indicate Provide Bike Lane that a bike lane.will be provided at the intersection of northbound Placentia Avenue.to eastbound Adams Avenue. Mayor Buffa supported the motion and requested that staff obtain accurate traffic counts now so that Council will know what affect these measures have made after the trial period. Council Member Amburgey stated that with the completion of Victoria Street, a reduction in automobile traffic on Adams Avenue will.be realized. Council Member Glasgow addressed the subject of opening Gisler Avenue and Mayor Buffa recommended bringing this item to a study session and perhaps surveying the Mesa Verde area residents regarding the subject. The motion carried 5-0. Later in the evening, under oral communications, Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, thanked Council for their.actions on this subject. Agreement Item6 on the Consent Calendar was presented: Agreement John Cutler with John Cutler and Associates, 3711 Long Beach Boule- vard, Suite 1016, Long Beach, for $65,000.00, for the Modifications at appraisal, acquisition, fixture and equipment costs, Fairview Road/ relocation and property management services, and escrow Baker Street and services for the modifications of the intersections of Bristol Street/, Fairview Road and Baker Street, and Bristol Street and Sunflower Avenue Sunflower Avenue. Council Member Genis stated that some of the improve- ments addressed are part of the North Costa Mesa. Specific Arterial Plan Improvement Study which has not been reviewed or adopted. Also, she said that Draft Environmental Impact Report (EIR) 1037 prepared by Robert Bein, William Frost and Associates referred to in staff's memorandum dated December 9, 1988, cannot be used'for this project as it.has not been subject to public hearings, nor certified.. She did not want the improvement plan implemented in'a piecemeal manner without addressing the overall plan. The -City Manager stated that it was staff's opinion that the intersections in question were adequately addressed in_the,Arnel project's EIR. Regarding the appraisal services, he reported that there is a six -to -eight week period of, time when several activities take place before an actual offer is.made to acquire property. The EIR for the North Costa Mesa Specific Plan Arterial Improve- ment Study is currently scheduled to go before the Planning Commission on January 9, 1989, and before Council on January 16, 1989. MOTION On motion by Council Member Genis, seconded by Vice Mayor Agreement Hornbuckle, the agreement was approved as proposed for Approved all work through the appraisal, offer, and initial nego- tiation phase, and staff was directed to inform the consultant that no further action shall be taken beyond this.point subject to final action and approval of the EIR for the North Costa -Mesa Specific Plan Arterial Improvement Study; and the Mayor and Clerk were author- ized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None C4 CITY ATTORNEY The City Attorney requested approval of a settlement REPORTS/Settlement agreement for Superior Court Case No. 554931, Tawny Agreement/Ferguson Ferguson v. City. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Settlement Council Member Amburgey, to approve the agreement, and Authorized direct staff to proceed as outlined in a confidential memorandum dated December 13, 1988, from the City Attorney's office. The motion carried by the following roll call vote: -AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Canis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Nguyen Lawsuit The City Attorney requested approval of a settlement offer in the Toan Tan Nguyen v. City lawsuit. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Settlement Council Member Amburgey, to authorize settlement of the Authorized Toan Tan Nguyen v. City lawsuit, as outlined in a ,confidential memorandum dated December 12, 1988, from the City Attorney's office. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ORAL Gene Hutchins, 1808 Kinglet Court, Costa Mesa, Board COMMUNICATIONS Member, Mesa Verde Homeowners Association, said even though the Coast Community College District has with - Request for drawn their request to process a General Plan Amendment General Plan he wished to present the three main concerns of those Amendment opposed to it: (1) It would be privately developed. (2) It would be used for high density development which I ight cause more traffic conjestion within the area. (3) The District should first make a strong effort within the community to raise funds by other means. In response to a question posed by Gene Hutchins, the :City Manager stated that the next regular period for accepting applications for General Plan Amendments is February, 1989. Applications submitted during the month of February usually come before Council in April or May. .Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, sug- gested that the letters received regarding this application be considered as part of the record if the 'District were to resubmit their request. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, addressed differences between variances and Conditional Use Per- mits. -He also requested that Consent Calendar items be presented to the television audience. Agenda Reorganiza- Council Member Genis recommended discussing reorganizing tion the order for Agenda items at a study session. She spoke in favor of moving Oral Communications to earlier in the meeting and having items removed from the Consent Calendar discussed immediately following the Consent Calendar. Intersection Council Member Genis requested that staff investigate Traffic Control the intersection of Andros Street and Labrador Drive for a possible stop sign or other means of traffic control. Food and Toy Council Member Genis said she is proud of the results of Drive the City's recent food and toy drive and commended staff `and the citizens for their efforts and contributions. 1 Commendation Council Member Genis stated that she was pleased to live in a City where so many people are involved in special efforts. She referenced a recent magazine article which focused on.. "angels" which commended, among others, Ken Croker of Costa Mesa. Fairview Park Council Member Amburgey commended staff, and in part - Phase I icular the Leisure Services Department, in working with the Fairview Park Committee to implement the Fairview Park Phase I.project in a.short period of time. Election Mayor Buffa referenced a.letter received from Costa Mesa Certification Residents for Traffic Solutions which recently asked for a.recount regarding the Measure "G" Initiative. A question arose with regard to when the voter count is actually certified. Mayor Buffa asked that the matter of _.certification of election results be investigated by the_ City. Attorney. Mesa Verde Loop Mayor.Buffa.requested.staff investigate the progress on Reconstruction the ramping for the Mesa Verde Loop Reconstruction project. Traffic Signal Mayor Buffa requested that,the overall issue of signal Coordination coordination be placed on a study session agenda, and expressed particular concern with the intersection of 19th Street -and Harbor Boulevard. ADJOURNMENT The Mayor declared the meeting adjourned at 11:45 p.m. Mayor of.the Cit Costa Mesa 4, City -,C1 -6r -k,, of the :City of .Costa M a