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HomeMy WebLinkAbout01/16/1989 - City Council1 i I - REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 16, 1989 The City Council of the City of Costa Mesa, California, met in regular session January 16, 1989, 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 Chaplain Lloyd Sellers, Hoag Memorial Hospital - Presbyterian. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Member Ed Glasgow Council Members Absent: Officials Present: None City Manager Allan Roeder City Attorney Thomas Wood Deputy City Manager/Develop- ment Services Donald Lamm Assistant to the City Manager Rick Pickering Transportation Services Manager John Lower City Clerk Eileen Phinney MINUTES On motion by Vice mayor Hornbuckle, seconded by Council January 3, 1989 Member Amburgey, and carried 5-0, the minutes of the regular meeting of January 3, 1989, were approved as distributed. ORDINANCES A motion 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 items were removed from the Consent Cal- endar: Item 3, consideration of the North Costa Mesa Improvement Study and associated actions; Item 9(c), parking prohibition on East 20th Street for street sweeping; Item 11, resolution setting forth procedures and fees for duplication of City video records. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN On motion by Council Member Amburgey, seconded by Vice COMMUNICATIONS Mayor Hornbuckle, Resolution 89-6, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Records Destruction AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPART - Finance Department MENT.OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Resolution 89-6 Amburgey, Genis, Glasgow Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ,309 3 READING FOLDER On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: A & M Liquor; Don and Jennifer Adams; Chicago Beef Station; Fashion Fair Laundry; Stanley Woo -Sam; Jeff Zych; Sharon Lynda O'Flaherty; and Mary L. Eker. Public Utilities Notice from the Public Utilities Commission that Appli- Commission cation No. 88-12-047 has been received from Southern California Gas Company, to increase rates 4.8 percent over present rates. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Warrant Resolution 1418, including MOTION Payroll 8901, was approved by the following roll call Warrant 1418 vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Cenis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Tracy Kelling 'A. Kelling was rejected. Gatlin On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Tessa Deon Gatlin was rejected. Cole On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Richard Cole was rejected. Hunter On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Pamela Hunter was rejected. Dollar Rent a -Car On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Jacz, Incorporated, doing business as Dollar Rent a -Car, was rejected. Davis On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Noland Davis was rejected. .ADMINISTRATIVE Bids received for Installation of a Traffic Signal at .ACTIONS Baker Street and Royal Palm Drive are on file in the Clerk's office. On motion by Council Member Amburgey, Traffic Signal seconded by Vice Mayor Hornbuckle, the contract was Baker Street and awarded to Baxter -Griffin Company, Incorporated, 8210 Royal Palm Drive Monroe Street, Stanton, for $72,830.00. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, .Awarded to Amburgey, Genis, Glasgow Baxter -Griffin NOES: COUNCIL MEMBERS: None Company ABSENT: COUNCIL MEMBERS: None Change Order No. 2 The Director of Leisure Services recommended approval Damon Construction of Change Order No. 2 for $2,251.29 to the contract with Canpany Damon Construction Company, 500 East Gardena Boulevard, Gardena, in connection with the Mesa Verde Drive Loop Mesa Verde Drive Reconstruction. This change order is required for the Loop Reconstruction extension of street light conduits under the sidewalk. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the change order was approved by the following roll call vote: 11 MOTION Change Order Approved Refund in Connection with EIR 1039 Segerstran MOTION Refund Approved AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None ABSENT: COUNCIL MEMBERS: None Staff recommended approval of a request from C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, for refund of $6,050.77 which are the remaining funds held by the City in connection with Home Ranch Environmental Impact Report 1039. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the refund was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission recommended prohibition of park - on Davis Place ing along both curbs of Davis Place, from Monte Vista Avenue northerly, on Thursdays from 8:00 a.m. to MOTION 11:00 a.m., for street sweeping. On motion by Council Resolution 89-7 Member Amburgey, seconded by Vice Mayor Hornbuckle, Adopted Resolution..89-7, being A. RESOLUTION OF THE CITY COUNCIL OF THE .CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF DAVIS PLACE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission recommended prohibition of park - on Harla Street ing along both curbs of Harla Street, from Mesa Verde Drive southerly,.on Thursdays from 11:00 a.m. to MOTION 1:00 p.m., for street.sweeping. On motion by Council Resolution 89-8 Member Amburgey, seconded by Vice Mayor Hornbuckle, Reso- Adopted lution 89-8, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF HARLA STREET FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: ,Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission recommended prohibition of on Bay Street parking along both curbs of East Bay Street, between Newport Boulevard and Orange Avenue on Wednesdays from MOTION 8:00 a.m. to 10:00 a.m., for street sweeping. On motion Resolution 89-9 by Council Member Amburgey, seconded by Vice Mayor Adopted Hornbuckle, Resolution 89-9, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF EAST BAY STREET FOR THE PURPOSE OF.STREET SWEEPING, was adopted by the following roll call vote: - AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Crinis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission recommended prohibition of park - on Tulip Lane ing along both curbs of Tulip Lane, between Orange Avenue and Elden Avenue, on Wednesdays from 8:00 a.m. to MOTION 10:00 a.m., for street sweeping. On motion by Council Resolution 89-10 Member Amburgey, seconded,by Vice Mayor Hornbuckle, . Adopted Resolution 89-10, being A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,,CALIFORNIA, PROHIBITING PARKING ON A PORTION OF TULIP LANE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Parking.Prohibition The Traffic Commission recommended prohibition of park - on Pomona Avenue ing along the east curb of Pomona Avenue, from Wilson Street to Victoria Street on Tuesdays from 10:00 a.m. to MOTION 1:00 p.m., for street sweeping. On motion by Council Resolution 89-11 Member Amburgey, seconded by Vice Mayor Hornbuckle, Adopted Resolution 89-11, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF POMONA AVENUE FOR THE PURPOSE OF STREET SWEEPING, 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 Council Member Amburgey, seconded by Vice Mayor Hornbuckle, a Conference Advance for $434.00, for MOTION a police officer to attend the Basic Hostage Negotiation Advance Conference in San Jose, February 6-9, 1989, was approved 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 Clerk announced that this was the time and place set Appeal of PA -88-156 for the public hearing to consider an appeal of the Spiller/Keeler Planning Commission's denial of Planning Action PA -88-156 from Joyce Spiller, 300 Flower Street, Costa Mesa, au- thorized agent for Michael Keeler, 2659 Santa Ana Avenue, Costa Mesa, for variances from covered parking, number of spaces (4 required, 2 provided), front setback, and screening requirements, to legalize conversion of a garage to a.residence at 160.East 23rd Street in an R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communictions have been received. The Deputy City Manager/Development Services presented background information contained in staff's memorandum dated December 27, 1988, and attachments thereto. The home was built prior to the City's incorporation and County building records indicate permits were originally issued for a single-family home with a detached garage. The City has records of permits issued in the early 1950's for additions to the house as well -as an electric meter permit issued in 1971. At some undertermined point in time, the garage was converted to a residential unit. The conversion was brought to staff's attention as a result of a citizen complaint. The Deputy then presented slides of the property and stated that two units are legal on this R2 property but the proposed tandem parking does not meet current Develop- ment Code standards. The Planning Commission voted to direct the applicant to convert the rear unit back to garage status. The Deputy City Manager responded to questions posed by - Council Member Amburgey regarding the permit issued for an additional electric meter on the site as well as current requirements for parking, setbacks, and open space. - 1 Joyce Spiller, authorized agent, said it is unjust to discriminate against random property owners when there are several:older properties within the City which do not meet current Code requirements. She recommended that a property inspection requirement be imposed when a change in ownership transpires and, in her opinion, this property -should be grandfathered. Mike Keeler explained what has transpired in connection with his purchase of and improvements made to the prop- erty. He said that he is being.discriminated against. In response to a question posed by Council Member Amburgey, Mike Keller said he was never informed, either during purchase negotiations, nor during loan,. appraisal or survey transactions, that the conversion was illegal. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed opposition to parking variations being considered a variance. There.being no other speakers, the Mayor closed the public hearing. A discussion ensued regarding parking requirements as they pertain to the site. Motion A motion was made by Council Member Amburgey, seconded To Deny PA -88-156 by Council Member Glasgow., to uphold the Planning Commission's denial of Planning Action PA -88-156 and to direct the applicant to convert the rear unit back to garage status within 90 days from the time the necessary permits can be issued. Council Member Amburgey stated that it is unfortunate Mr. Keeler is suffering the consequences of misrepresen- tation of the property. He does not believe it is within Council's jurisdiction to correct this situation, but if the applicant desires, the law affords the owner the opportunity of pursuing legal action. Council Member Glasgow stated he -has sympathy for the applicant but cannot foresee a resolution to the parking deficiency. The Deputy City Manager responded to questions posed by Vice Mayor Hornbuckle regarding parking variances. Council Member Canis stated that a special circumstance must exist before a variance can be granted. To afford more flexibility, she recommended consideration be given to adding certain items for determination at the Zoning Administrator level. Mayor Buffa opposed the motion. In his opinion the benefits of granting a variance with modifications outweigh the benefits of enforcing the parking codes. In addition, Mr. Keeler has indicated a willingness to work with staff to try and resolve the parking problem. SUBSTITUTE MOTION A substitute motion was made by Council Member Amburgey, Continued to seconded by Vice Mayor Hornbuckle, to continue this item February 21, 1989 to the meeting of February 21, 1989, to afford the applicant an opportunity to work with staff to determine if�the parking situation can be mitigated. The motion carried 4-1, Council Member Glasgow voting no. ANNOUNCEMENT Former Mayors Mayor Buffa recognized former Mayors Bob Wilson and Recognized Arlene Schafer who were in the audience. OLD BUSINESS Fire Protection System Impact Fee The. Clerk presented the following items regarding fire protection system impact fees: Ordinance 89-1 for second reading and adoption. The ordinance amends Title 13 of the Municipal Code to establish procedures for requiring fire protection system impact fees. A resolution establishing a fire protection system development impact fee for certain developments within the. City. The Deputy City Manager/Development Services outlined staff's memorandum dated January 11, 1989, and attach- ments thereto. The impact fee set forth in the resolu- tion would be applicable to new commercial, industrial, and residential development for specific properties located in North Costa Mesa. Nancy Palme, 1997 Kornat Drive, Costa Mesa, speaking on behalf of a number of residents in her area, expressed opposition to closing the Royal Palm fire station. She then cited incidents where fire department services have been required within the area. In her opinion, a fire station located north of the Interstate 405 Freeway would be unable to provide adequate fire protection services to the areas now serviced by the Royal Palm station.. The City Manager responded to questions posed by Vice Mayor Hornbuckle regarding routes utilized by fire vehicles in the Mesa Verde area. He also stated that the paramedics were relocated from the Royal Palm station to the new Civic Center station two months ago. Both City paramedic units were relocated to the new centrally located station so that the same high level of service.could be provided Citywide. Vice Mayor Hornbuckle and Council Member Amburgey clarified that the possible closure of the Royal Palm fire station is not part of the actions before Council this evening. In response to a question posed by Vice Mayor Hornbuckle, the Deputy City Manager explained that the fee rate established by the proposed resolution was based upon total square footages applied to certain properties in North Costa Mesa. The fee establishes the developer's fare share payment for its burden on the fire system. Council.Member Glasgow stated that the dollar amount of fees established by the resolution may be changed if it were determined that the amount is not sufficient for adequate financing. MOTION On motion by Council Member Amburgey, seconded by Vice Ordinance 89-1 Mayor Hornbuckle, Ordinance 89-1, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, A4ENDING TITLE 13 OF THE MUNICIPAL CODE TO ESTABLISH PROCEDURES FOR REQUIRING FIRE PROTECTION SYSTEM IMPACT FEES, was given second reading and adopted by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION A motion was made by Council Member Amburgey, seconded Resolution 89-12 by Vice Mayor Hornbuckle, to adopt Resolution 89-12, Adopted being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 315 COSTA MESA, CALIFORNIA, ESTABLISHING A FIRE PROTECTION -SYSTEM DEVELOPMENT IMPACT FEE FOR CERTAIN DEVELOPMENTS WITHIN THE CITY OF COSTA MESA. Council Member Geriis asked if the maker of the motion would consider an amendment adding a fee of 58.1 cents per square foot to provide for funding if the Royal Palm fire station .is not sold. Council Member Amburgey did not amend his motion. Council Member Genis expressed opposition to the motion stating that in her opinion the fire stations, as cur- rently planned, would not meet criteria set forth in Measure "G". She could not support setting a fee which is predicated on the sale and closure of the Royal Palm fire station. Mayor Buffa addressed the City's outstanding fire ser- vices and excellent fire rating which is established by an independent insurance rating organization. He said fire services are being redistributed to better serve the entire City. Council Member Amburgey stated that the City's excellent fire rating affords the community better insurance rates for single-family dwellings. Vice Mayor Hornbuckle supported -the motion and stated that the study was performed by both outside profession- als and City fire staff. She said the fee is reasonable and is based on actual need: The resolution was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None Development The Clerk presented.Ordinance 89-2 for second reading Standards/PDR-LD and adoption. The ordinance amends Title 13 of the and PDR -MD Zones Costa Mesa Municipal Code regarding small lot, single- family developments. The Deputy City-Manager/Development Services outlined staff's memorandum dated January 9, 1989, and final proposed changes to Section 13.252.15.c. The changes clarify the language regarding front setback requirements for garages with direct access. He then presented a graphic depicting these setbacks. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Ordinance 89-2 Council Member Amburgey., to adopt Ordinance 89-2, being Adopted AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGARDING DEVELOPMENT STANDARDS FOR THE PDR -LD AND PDR -MD ZONES. Council Member Genis stated staff has provided the re- quested clarification, however,, she does not believe Council should specify product type. In her opinion, a low-density high-quality condominium project, which this particular ordinance would eliminate, would not generate additional negative effects on the surrounding community. Consequently, she will oppose the motion. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None 316 Implementation The Clerk presented implementation of Measure "G", Report of Measure "G" No. 5: Request for policy direction on issue numbers one through three in the staff report. Urgency interim ordinance authorizing compliance with State mandated processing time limits in place of the City -imposed time limits. Ordinance regarding processing time limits. Additional staff needs to process Measure "G". The Deputy City Manager/Development Services outlined staff's report dated January 12, 1989, which is divided into two sections: The first section requests Council direction for three policy issues; and the second sec- tion, Items No. 2, No. 3, and No. 4, relate to processing Measure "G" non-exempt projects. Vice Mayor Hornbuckle discussed Issue No. 3. Her inter- pretion of the Measure is that a development may qualify for exemption if the project is less than 10,000 square feet in gross floor area and generates less than 103 daily trips, as presented in staff's assumption 3B. Staff has indicated they believe assumption 3A to be the correct interpretation. In response to questions posed by Council Member Genis, the Deputy -City Manager stated that final staffing requirements necessary for implementation of Meausre "G" have not yet been determined, and .tracking methods will eventually determine the cost for processing each appli- cation. Sid.Soffer, 900 Arbor Street, Costa Mesa, addressed pro- blems associated with Measure "G". MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Assumption lA Member Amburgey, and carried 5-0, staff was directed to for Issue 1 implement the ordinance according to their assumption Implemented 1A, Issue 1, "Emergency response times will be 5 minutes or less in 85% of the emergency calls for service." MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Assumption 2B Member Amburgey, and carried 5-0, staff was directed to for Issue 2 implement the ordinance according to their assumption Implemented '2B, Issue 2,-"A 'project' must comply with both Section III.A.1 and III.B.1." MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Assumption 3B Member Amburgey, and carried 5-0, staff was directed to for Issue 3B implement the ordinance according to their assumption Implemented 3B, Issue 3, "A development may qualify for exemption number<l if the project is less than 10,000 square feet in gross floor area and generates less than 103 daily trips." MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Urgency Interim Member Amburgey, Urgency Interim Ordinance 89-3, being Ordinance 89-3 AN URGENCY INTERIM ORDINANCE OF -THE CITY COUNCIL OF THE Adopted CITY OF COSTA MESA, CALIFORNIA, REGARDING TIME LIMITS FOR THE PROCESSING AND APPROVAL OF APPLICATIONS FOR DEVELOPMENT PROJECTS SUBJECT TO MEASURE G, was adopted by the following roll call.vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 MOTION On motion by Vice -Mayor Hornbuckle, seconded by Council Ordinance 89-4 Member Amburgey, Ordinance 89-4, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading REGARDING PLANNING ACTION AND REZONE PETITION APPLICATION PROCESSING:TIME was:given first reading by the following roll call vote:. AYES: .COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Canis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Additional Staff Council Member Amburgey, to authorize the hiring of two Authorized Assistant Planners and one Building Technician pending fund availability which is to be identified by staff. Vice Mayor Hornbuckle stated she made the motion reluc- tantly as additional employees are paid for by taxpayer dollars, but current.staffing would be insufficient to implement Measure "T. In response to a question posed -by Mayor Buffa, the City Manager stated that the City is under a salary limita- tion. Additional staffing funds would be balanced between Capital Improvements, the City's commitment to long -terns projects, -and new -fees for services. Council Member Amburgey requested that staff ascertain whether funding could be accomplished outside the Gann limits.as Measure "G" was mandated by the voters. Council Member Genis stated that there is the possibility that additional staffing costs could be recovered through user fees. Fee adjustments are scheduled for discussion in the near -future and it is her desire to have all fees adjusted to more closely approximate the actual costs. Council Member Amburgey stated that Measure "G" was voted for by the citizens, and in his opinion there is no question .but that the implementation of it will be paid for by taxpayers.. 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 RECESS Mayor Buffa declared recess at 8:10 p.m., and the meeting reconvened at 8:20 p.m. Harbor -Maple The Clerk presented the -Harbor -Maple Storm Drain project, Storm Drain, Phase'II. A letter has been received from Raymond House, Phase -II 1938 Killdeer Circle, Costa.Mesa, requesting that the new 112 -inch drainage channel -be shut off until proper remed- ial action is taken to correct the capacity deficiency of the Fairview and Greenville Banning channels. The Assistant to the City Manager outlined background information contained in his memorandum dated January 6, 1989. The Harbor -Maple Stomp Drain is designated as one of the"highest priority storm drains by the Master Plan of Drainage. Phase I of the project was constructed in 1986. -In April, 1988, staff recommended construction of Phase II -which extends from;above Wilson Street to Victoria Street. However, at the request of local mer- chants, Council directed staff to postpone Phase II and to combine it with Phase III which extends from Victoria Street to just north of 19th Street. These two phases have been combined. �I . The -Assistant to the City Manager stated that staff has conducted two community meetings as well as numerous meetings with the Harbor Boulevard business community, their attorney, and consulting engineers. Alternative routes .and hours were explored as well as mitigation measures and are presented in the Harbor/Maple Storm Drain Issues Document, 1989. At the request of Vice Mayor Hornbuckle, the Assistant to the City Manager outlined the alternative storm drain routes. In response to a question posed by Council Member Genis, the City Manager explained the income the City derives from its one cent from every six cents of sales tax revenue received from merchant sales along Harbor Boule- vard, located from Newport Boulevard to the Interstate 405 Freeway. The figure for the last quarter was $1,384,015.32, and .$5,536,061.28 for the entire year. Approximately 70 percent of this income was generated from the automobile dealers. Mayor Buffa polled Council and it was decided to hear this item rather than to continue -it. John Pitkin, 24411 Ridge Route Drive, Suite 215, Laguna Hills, Attorney representing the Costa Mesa Merchants Association, stated that many of the businesses in the impacted area derive their income from drive-by traffic and, in his opinion, the economic damages imposed upon the merchants should be considered in the project's total .cost. He stated that alternative routes will be presented by the merchants' consulting engineer, and requested that award of the contract be postponed until those possible alternatives are considered. He expressed a desire to work with the City in finding a solution to eliminate possible claims and lawsuits which might result from the project. In response to a question posed by Vice Mayor Hornbuckle, John Pitkin stated that the merchants are not opposing the project in principle but wish to make recommendations to mitigate both economic and physical impacts. Council Member Amburgey and John Pitkin discussed Environmental Impact Reports (EIR's) and how they per- tain to -a project such.as this. Mr. Pitkin was of the opinion that an EIR should have been prepared for this project. Mark Ike, 1966 Harbor Boulevard, Costa Mesa, represent- ing Earl Ike Imports and the Harbor Boulevard of Cars, stated that the merchants. and auto dealers are concerned about the economic- hardship involved. He addressed the alternatives presented in the Issues Report and stated that the.auto dealers are in favor of Alternative "B" as their businesses depend on service and this alterna- tive would allow them to provide the best service possible during construction of this project. Discussion ensued regarding the number of lanes to be open and how work would be accomplished under both Alternatives "B" and "C Council Member Hornbuckle expressed concern with the amount of noise generated from this project and how it would impact the.homes in the area. In.response to a question.posed by Council Member Amburgey., the Assistant to the -City Manager stated that night time work hours are considered to be 9:00 p.m. to 6:00 a.m. The `increase in cost for night-time work ,results from a, wide variety. of reasons, one of which is the.increased costs for labor. John Pitkin stated that the impacts from this project will be -felt long after the pipe is laid and referred to the plans for constructing.traffic islands. He then reported that studies on traffic islands indicate a severe decline in gross sales due to the closing of left- turn eftturn accesses. Richard Bull-, Consulting.Engineer, Share Associates, 4199 Campus -Drive, Suite 650,_Irvine, presented proposed alternate routes for the storm drain. In some areas his proposal would require an increase in pipe diameter as well.a change in,,slope angles due to the fact that the pipe length would be longer under his recommendation. Mr. Bull responded to questions posed by Vice Mayor Hornbuckle regarding pipe diameters, slope angles, and depths of trenches. The Assistant City.Manager presented how large trenches must be in order to lay specific sizes of pipes as well as how much space must be allowed for accommodating equipment. In addition, utilities must be considered, and typically they -are down.the center of streets. In response to questions posed -by Vice Mayor Hornbuckle and Council Member Genis, Mr. Bull explained that under his proposal approximately 250-500 feet of pipe would require jacking. He explained the jacking process and said the cost for itis $700.00 to $1,000.00 per linear foot. Also, there is the possibility that surfaces would be displaced. The proposal -presented by Richard Bull requires that pipes be laid through the 2200 and 2300 Harbor Boulevard properties. Council Member Amburgey asked if an easement would be required to accomplish this and the Assistant to the City Manager responded affirmately and stated that building above a pipeline of this size would not be recommended and there exists the possibility that the property would require acquisition by eminent domain. At Council Member Amburgey's request, Mr. Bull outlined his past and present experience in design engineering. He stated that he has not.designed a project of this magnitude but would be comfortable with supervising a staff of engineers as the principals of water flow through. pipes remain the same.., Gloria Smith, 2523.Poplar Lane, Costa Mesa, expressed concern with availability of north -south City street accesses as they relate to this project and the 55 Freeway. extension.project. The Assistant to the City Manager explained that the California Department of Transpor.tation.(CALTRANS):will begin overpass construc- tion for the freeway extension project in March. This is addressed on Page 21 of the Issues Document. Con- struction of the extension is not scheduled until after the planned completion of the storm drain project. Joe Devlin, 354 Hanover Drive, -Costa Mesa, addressed the 1983 flooding and stated that the residents in College Park strongly support moving forward with the construction of this storm drain project. .3 20, Bob Wilson, 3435 Plumeria Place, Costa Mesa, spoke in favor of implementing the storm drain project. He also addressed project supervision. At Vice Mayor Hornbuckle's request, the Assistant to the City.Manager outlined the manner in which the work will be supervised. Bob Robins, Theordore Robins Ford, 2060 Harbor Boule- vard, Costa Mesa, stated that the Harbor Boulevard of Cars Association felt it important that there be an ombudsman on site during construction. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the problems connected with the 19th Street project and presented suggestions relating to contractor performance and completion schedules. Larry Paul, 300 East Pacific Coast Highway, Newport Beach, spoke in favor of considering Richard Bull's alternative recommendations. Marie Maples, 461 Swarthmore Lane, Costa Mesa, President of the College Park Homeowners Association, concurred with the comments made by Joe Devlin. She stated that 1,000 homes would be impacted if this drainage problem were not rectified. Chuck.Muto, Costa Mesa Auto Supply, 2165 Harbor Boule- vard, Costa Mesa, spoke in favor -of considering other alternatives because of the adverse economic impacts this project would create on the businesses. Arlene Dowski, 332 Hanover Drive, Costa Mesa, addressed the 1983 -,flooding and spoke in favor of this project. She stated thatthe entire Costa Mesa Storm Drain project must be completed in order for it to become effective and to create a..safe environment in which to live. There being no other speakers, Mayor Buffa closed the public hearing. RECESS Mayor Buffa declared recess at.10:05 p.m., and the meeting reconvened at 10:15 p.m. The Assistant to the City Manager responded to questions posed by Council Member Genis regarding costs as they relate to various combinations of proposed work schedules. Vice Mayor Hornbuckle expressed concern regarding the City's liability should the.project be delayed. In response to questions posed -by Council Member Amburgey, the Transportion Services Manager reported that the Orange County Rapid Transit District will reroute buses off Harbor Boulevard during the period of reconstruction. There are currently four bus stops in each direction along the area in question. Records indicate that a three to five percent increase in street capacity would be realized by construction of bus turnouts compared to an increase of approximately 30 percent with construc- tion of raised median islands. Council Member Glasgow favored medians being considered as a separate issue and at another time as the merchants have expressed concern regarding them and, in his opin- ion, they are counter-productive. :c.�Prry The Assistant to the City Manager recommended that the median construction be included as part of the contract as a cost benefit is realized by doing so. He stated that actual median construction would not begin for several months and there would be sufficient time to make changes if they are deemed necessary. Vice Mayor Hornbuckle asked'if accesses to businesses will remain open at all times and the Assistant to the City Manager responded that the contract specifies this. Council Member Amburgey said he could support Alterna- tive "B" with modifications and with the provision that Alternative "C" be considered if complaints from the residential neighborhood regarding night work become excessive. He understood the concerns expressed by the auto dealers and merchants regarding Alternative "C" but said he could support this alternative. Council Member Amburgey stated he appreciates the attitude and cooperation of the merchants in trying to reach a reasonable solution. Vice Mayor Hornbuckle-supported Alternative "C" and said the additional funds would be well spent. She could not support Alternatives "A" or "B" because of their negative impacts on residential neighborhoods. She expressed confidence that there will be close supervision of job performance and that the ombudsman will do his best to minimize the negative impacts on the businesses. Council Member C-enis stated she could support Alternative "C" with additional funding to accommodate more acces- sibility for the businesses. She would support Alterna- tive "B" on a trial basis but would favor as many shifts as possible throughout the'day so that the project could be completed as rapidly as possible. Council Member Glasgow spoke in support of Alternative licit. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Awarded to Council Member Amburgey, to award the contract to Aman. Aman Brothers, Brothers, Incorporated, 614 East Edna Place, Covina, for Incorporated $4,121,528.32, plus an additional estimated $320,000.00 to keep two lanes of traffic open in both directions at all times, and directing staff to continue to work with the merchants and Harbor Boulevard of Cars Association on the median design to determine if potential impacts can be mitigated. Mayor Buffa commended staff for the work they have done in exploring various alternatives for this project. However, he will be opposing the motion even though he believes flood control to be animportant issue because his first priority is to correct transportation deficien- cies. He favors completing those projects before a project such as;this is considered. Council Member Amburgey stated that transportation improvements will be realized as 'a result of this pro- ject. Vice Mayor Hornbuckle asked about the funding for the additional $320,000.00 required"for Alternative "C". The City Manager responded that staff has conducted an extensive evaluation of Capital Improvement Projects and will provide a list of those items staff believes could be delayed so that additional funds will be made avail- able for this project. 4 AMENDED.MOTION After Council and staff discussion regarding the Added a Request possibility of lessening the time required to complete for a Report the project, Vice Mayor Hornbuckle amended her motion i.rom Staff to direct staff to meet with the contractor regarding various alternatives for shortening the time required to complete the project, without working during night time hours, and to submit a report on this at the next Council meeting. Council Member Amburgey agreed to this amendment. The amended motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented a request from the Child Care Com - Scholarship mittee to file an application with the State Department Program for of Education for funds to implement a scholarship program Needy Parents for needy parents. The City Manager outlined a memorandum from the Child Care Committee dated January 12, 1989, and attachments thereto. At this time, the Committee is requesting approval of the concept, and if approved, a resolution will be prepared for consideration. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Approve Filing Council Member Glasgow, to approve filing the application of Application for funds and directing staff to prepare a resolution for consideration at the meeting of February 6, 1989. Mayor Buffa stated he supports child care and child care programs but felt that this issue should be pursued by parents and the private sector. He opposed increas- ing Government intervention into child care. Vice Mayor Hornbuckle stated that the committee plans to contact non-profit groups which are currently pro- viding child care and making these funds available on a scholarship basis. Council Member Amburgey felt that there are instances when Government intervention is required. Council Member Genis stated she will support the motion but will not necessarily support the resolution. She requested that a completed application be made available. The motion carried 4-1, Mayor Buffa voting no. General Plan The Clerk presented the General Plan update: Land use Update densities and intensities. The Deputy City Manager/Development Services outlined staff's memorandum dated January 10, 1989, and attached draft Environmental Impact Report (EIR). Also provided was a matrix summary of recommendations from the General Plan Steering Committee, Planning Commission, and staff. He requested Council direction regarding the land use density and intensity standards necessary to complete the EIR and traffic model. Vice Mayor Hornbuckle asked staff's opinion of the recommendation to add a new Urban Center Commercial classification made by the General Plan Steering Committee. The Deputy stated that this proposed new category would allow greater flexibility. 1 1 In response to a question posed by Council Member Genis regarding traffic modeling, Senior Planner Alice Angus reported that staff plans to use existing land uses, and if those FAR's and densities allow for an increase, this increase would be calculated for future land use traffic modeling. Council Member Glasgow supported the Planning staff's recommendations with the addition of an Urban Center mixed-use classification with a FAR of 1.15 for areas north of the Interstate 405 (I-405) Freeway. The Deputy City Manager responded to questions regarding land use classifications and how they relate to various projects. Densities were discussed as they apply to various pro- jects and areas within the City. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Intensity Council Member Genis,--to set a maximum floor area ratio Standards Set of .75 for the Commercial Center designation, to be used _.'primarily for projects south of the I-405 Freeway, and to institute a new Urban Center mixed-use designation with a maximum floor area ratio of 1.15 for projects north of the I-405 Freeway. The motion carried 5-0. North Costa Mesa Item No. 3 on the Consent Calendar was presented: Con - Arterial Improve- sideration of the North Costa Mesa Arterial Improvement ment Study Study and associated actions, located generally between ..Hyland Avenue and Harbor Boulevard to the west, MacArthur ,Boulevard and Sunflower Avenue to the north, Baker Street to the south, and Bristol Street to the east. Environmental Impact Report No. 1037 analyzes impacts associated with proposed arterial improvements at 24 locations in North Costa Mesa. North Costa Mesa Arterial Improvement Study for an engineering assessment of roadway improvements at 24 intersections. General Plan Amendment GP -89-1B to amend the Circula- tion Element for intersections at various project locations (as described in the North Costa Mesa Arterial Study and EIR). Council Member Genis stated that development intensities should, be established before the Improvement Study is considered. Also, if the arterial roads are to function properly, a freeway system which functions properly must first be established. Motion Died for Lack A motion was made by Council Member Genis to defer of Second setting this item for public hearing. The motion died for lack of a second. MOTION A motion was made by Council Member Amburgey, seconded Hearing Set for by Council Member Glasgow, to set the public hearing for February 6, 1989 February 6,.1989. The motion carried 4-1, Council Member Canis voting no. Parking Item No. 9(c) on the Consent Calendar was presented: A Prohibition on resolution which would prohibit parking along both curbs East 20th Street of East 20th Street, between Newport Boulevard and Orange Avenue, for street sweeping. Margaret Walsh, 178 East 20th Street, Costa Mesa, opposed posting of signs. She stated the area is largely zoned R2 and penalizing the residents would be unfair for a 321 lack of adequate parking created by the City's approval of multi -family residence. She referenced petitions in opposition to posting signs which were presented to the Transportation Commission. In conclusion, she favored street sweeping but did not believe it should be accom- plished to the detriment of residents. In response to a question posed by Vice Mayor Hornbuckle, the Transportation Services Manager stated that this item was presented to the Transportation Commission as a result of a citizen request. That person was not present at the last Commission meeting nor is she present this evening. Elizabeth Hoevel, 144 East 20th Street, Costa Mesa, spoke in favor of adopting this resolution and, in her opinion, the hours recommended for street sweeping are excellent. C. K. Allen, 1967 Rosemary Place, Costa Mesa, opposed the posting on East 20th Street and also any future consideration of posting on Rosemary Place. Ron Staugaard, 1998 Rosemary Place, corner of East 20th Street, Costa Mesa, spoke in opposition to the posting and presented pictures of the street. Roy Waltze, 140 East 20th Street, Costa Mesa, spoke in favor of street sweeping and posting. In response to a question by Council Member Glasgow, Margaret Walsh stated that Melody Lane is posted for the same street sweeping times recommended for East 20th Street and that posting for East Bay Street was approved for those same times. Mayor Buffa recommended that this item be continued to such time as a survey can be performed within the area regarding the residents' desires. MOTION On motion by Council Member Glasgow, seconded by Vice Continued to Mayor Amburgey, and carried 5-0, this item was con - Date Uncertain tinued until staff provides the survey report. Fees for Item No. 11 on the Consent Calendar was presented: Video Tapes Resolution setting forth procedures and fees for the duplication of City video tape records. Vice Mayor Hornbuckle stated she supports fees for duplication of video tapes but -recommended that another type of video check-out system be established. She also recommended that the various times Council meetings are shown be presented in the Community Newsletter and on the cable channel. Council Member Genis stated that until other City fees are brought up to standards to better reflect actual costs, she could not consider supporting this increase. Council Member Amburgey stated that the fee schedule presented in this proposed resolution was determined by direct costs established by an outside agency. He expressed concern that at the.present time there is no charge for this service and recommended that a percentage fee be established to cover administrative costs. A discussion ensued regarding various alternatives for dispensing and duplicating video tapes. 1 325 Motion A motion was made by Vice Mayor Hornbuckle, seconded by Establish a Council Member Glasgow, to establish a library type of Check-out System check-out system for video tapes. At the request of Vice Mayor Hornbuckle, the City Manager reported on the frequency of requests received for duplication of Council meeting video tapes and the number of tapes made of those meetings. He stated that the Fee Study Program is scheduled for discussion at the next study session and recommended continuing this item until Council's concerns are addressed and the entire Fee Study Program is presented. SUBSTITUTE MOTION A substitute motion was made by Vice Mayor Hornbuckle, Item Continued seconded by Council Member Glasgow, to continue this item until such time as the remainder of the Fee Study Program is examined. The motion carried 5-0. CITY ATTORNEY REPORT" Mayor Buffa announced that the City Attorney's item CMRRG Litigation regarding_ pending litigation in the case of Costa Mesa Referred to.Closed Residents for Responsible Growth (CMRRG) v. the City Session - will.-be„discussed in closed session.. CITY MANAGER The City Manager outlined his memorandum" -dated January REPORT 12, 1989, regarding policies for naming facilities and the cost for a plaque. This- responds to -a --recommenda- Nanung of tion to name the police: facility after former Police Police Facility Chief and City Manager Arthur`R..McKenzie. Bob Wilson, 3435 Plumeria Place, Costa.Mesa, praised Art McKenzie and spoke in favor of naming the police facility in his name. MOTION On motion made by Council Member Amburgey, seconded by Police Facility Council Member Glasgow, and carried 5-0, the police Named facility was named The Arthur R. McKenzie Police Facility. Mayor Buffa and Council Member Amburgey commended Arthur R. McKenzie for his work and contributions to the com- munity. Mayor Buffa recommended that in addition to the proposed plaque, a sign be installed which would be readable from the street. Council Member Amburgey recommended that signing be placed on the existing wall in front of City Hall, as well as on the front wall of the police facility, and that a dedication ceremony be held to commemorate this event. The motion carried 5-0. ORAL Nancy Palme, 1997 Kornat Drive, Costa Mesa, recommended COMMUNICATIONS that something be done to educate children that loud radios in cars are dangerous and do not allow the Load Automobile occupants the opportunity of hearing emergency vehicle Radios sirens. Mayor Buffa recommended that Mrs. Palme write the school district regarding this problem and stated that he would support her in doing so. Enforcement Bob Wilson, 3435 Plumeria Place, Costa Mesa, expressed of Codes displeasure with the manner in which the public hearing was conducted, and he also addressed enforcement of City Codes. Parking Sid Soffer, 900 Arbor Street, Costa Mesa, stated that Deviations 'there is no law which states that parking deviations must be processed as variances. ADJOURNMENT TO At 12:35 a.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor conference room to discuss pending litigation regarding Costa Mesa Resi- CMRRG Pending dents for Responsible Growth (CMRRG) v. City of Costa Litigation Mesa, Superior Court Case No. 52-54-40. Council Member Genis announced that she will not par- ticipate in the closed session due to her involvement with the CMRRG organization. The meeting reconvened at 12:59 a.m., and the Mayor announced that no action was taken in closed session. ADJOURNMENT The Mayor declared the meeting adjourned at 1:00 a.m. Mayor of e Cit Costa Mesa . - Vt& rk of the City of. Costa Me