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HomeMy WebLinkAbout02/06/1989 - City CouncilREGULAR MEETING OF.THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 6, 1989 The City Council of the City of Costa Mesa, California, met in regular session February 6, 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 presentation of the Colors by the Civil Air Patrol and Pledge of Allegiance to the Flag, and Invocation by the Reverend John LeVeche, St. Joachim's Catholic Church. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: None Officials Present: 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 16, 1989 Member Glasgow, and carried 5-0, the minutes of the regular meeting of January 16, 1989, were approved as distributed. ORDINANCES A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, and carried 5-0, to read all ordinances by title only. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 17, Completion of 1986-87 Street Maintenance; and Item 18, Final Map for Tract No. 13682. On motion by Council Member Amburgey, 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, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Council Member Amburgey, seconded by Council Member Glasgow, Resolution 89-13, being A RESO- Records Destruc- LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, tion for Finance CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE Department FINANCE DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following MOTION roll call vote: Resolution 89-13 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Adopted i Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None U� Records Destruction On motion by Council Member Amburgey, seconded by for Fire Department Council Member Glasgow, Resolution 89-14, being A RESO- READING FOLDER On motion by Council Member Amburgey, 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: Ralph Paul Bergeron; Keith Bohr; Dom Cascio, doing business as Domenico's Ristorante; Charles Robinson; and Ray Waldrop. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Graphic Resources Corporation, doing business as GRC Wine Exchange, 3545 Harbor Gateway South; Chantry, Limited, doing business as Kaplan's Deli, 3211 Harbor Boulevard; Southland Corporation, doing business as 7 -Eleven Store No. 2113-27007, 2244 Fairview Road, Suite A-1; Dong Ho and Jung Sun Kim, doing business as South Coast Deli, 3033 Bristol Street, Suite D; and Ernest and Michelle Lau, doing business as The Food Emporium, 151 Kalmus Drive, Suite M8. Public Utilities Notice from the Public Utilities Commission that an Commission application has been received from 3R Express for a Certificate of Public Convenience and Necessity to provide passenger stage service between points in Los Angeles County and Orange County. Local Agency Resolution from the Orange County Board of Super - Formation visors determining that the reallocation of property Commission/ tax revenues from proposed Annexation 88-89 to the Annexation 88-89 City of Costa Mesa shall be in accordance with the terms of the Master Property Tax Transfer agreement between the County and the City. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Teen Challenge of Southern Teen Challenge California, 5445 Chicago Avenue, Riverside, by solicit- ing oliciting $1.00 per ticket between February 7 and April 15, MOTION 1989, for a pancake breakfast. On motion by Council Permit Approved Member Amburgey, seconded by Council Member Glasgow, and .carried 5-0, the permit was approved with application of .Municipal Code Section 9-229. Teen Challenge Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Teen Challenge of Southern MOTION California, 10125 California Avenue, South Gate, by Permit Approved door-to-door solicitation between February 7 and June 1, 1989, for a walk -a -thou sponsorship. On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 5-0, the permit was approved with .application of Municipal Code Section 9-229. LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, MOTION CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE FIRE Resolution 89-14 DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- Adopted NANCE NO. 75-60, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Opposition to Use A letter was received from Joan Morrow, 3023 Royce Lane, of Blowers Costa Mesa, opposing the use of blowers by gardeners and .construction workers. On motion by Council Member MOTION/Referred Amburgey, seconded by Council Member Glasgow, and car - to Development :ried'5-0, this item was referred to the Development Services Services Department for investigation. READING FOLDER On motion by Council Member Amburgey, 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: Ralph Paul Bergeron; Keith Bohr; Dom Cascio, doing business as Domenico's Ristorante; Charles Robinson; and Ray Waldrop. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Graphic Resources Corporation, doing business as GRC Wine Exchange, 3545 Harbor Gateway South; Chantry, Limited, doing business as Kaplan's Deli, 3211 Harbor Boulevard; Southland Corporation, doing business as 7 -Eleven Store No. 2113-27007, 2244 Fairview Road, Suite A-1; Dong Ho and Jung Sun Kim, doing business as South Coast Deli, 3033 Bristol Street, Suite D; and Ernest and Michelle Lau, doing business as The Food Emporium, 151 Kalmus Drive, Suite M8. Public Utilities Notice from the Public Utilities Commission that an Commission application has been received from 3R Express for a Certificate of Public Convenience and Necessity to provide passenger stage service between points in Los Angeles County and Orange County. Local Agency Resolution from the Orange County Board of Super - Formation visors determining that the reallocation of property Commission/ tax revenues from proposed Annexation 88-89 to the Annexation 88-89 City of Costa Mesa shall be in accordance with the terms of the Master Property Tax Transfer agreement between the County and the City. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Teen Challenge of Southern Teen Challenge California, 5445 Chicago Avenue, Riverside, by solicit- ing oliciting $1.00 per ticket between February 7 and April 15, MOTION 1989, for a pancake breakfast. On motion by Council Permit Approved Member Amburgey, seconded by Council Member Glasgow, and .carried 5-0, the permit was approved with application of .Municipal Code Section 9-229. Teen Challenge Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Teen Challenge of Southern MOTION California, 10125 California Avenue, South Gate, by Permit Approved door-to-door solicitation between February 7 and June 1, 1989, for a walk -a -thou sponsorship. On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 5-0, the permit was approved with .application of Municipal Code Section 9-229. f 1 f American Heart Notice of Intention to Appeal or Solicit for Charitable Association Purpose was received from The American Heart Association; 4600 Campus Drive, Irvine, by door-to-door solicitation of funds between February 7 and 26, 1989, for research MOTION and education. On motion by Council Member Amburgey, Permit Approved seconded by Council Member Glasgow, and carried 5-0, the permit was approved with application of Municipal Code Section 9-229. Feedback Unlimited Notice of Intention to Appeal or Solicit for Charitable Purpose.was received from Feedback Unlimited, Incorpor- ated, 1098 Seabluff Drive, Costa Mesa, by soliciting funds between February 7, 1989, and February 7, 1990, MOTION for an educational program. On motion by Council Member Permit Approved Amburgey, seconded by Council Member Glasgow, and car- ried 5-0, the permit was approved with application of Municipal Code Section 9-229. United Cerebral Notice of Intention to Appeal or Solicit for Charitable Palsy Purpose was received from United Cerebral Palsy Associa- tion of Orange County, Incorporated, 3020 West Harvard Street, Santa Ana, by collecting reusable household items and clothing between February 7, 1989, and Febru- MOTION ary 7, 1990. On motion by Council Member Amburgey, Permit Approved seconded by Council Member Glasgow, and carried 5-0, the permit was approved with application of Municipal Code Section 9-229. WARRANTS On motion by Council Member Amburgey, seconded by Council Member Glasgow, Warrant Resolution 1419, includ- MOTION ing Payroll 8902, and Warrant Resolution 1420, were Warrants 1419 approved by the following roll call vote: and 1420 Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Amburgey, seconded by Adams Council Member Glasgow, and carried 5-0, the claim from Don and Jennifer Adams was rejected. Mercury Casualty/ On motion by Council Member Amburgey, seconded by Millar Council Member Glasgow, and carried 5-0, the claim from Mercury Casualty Company/Adam Millar was rejected. Pacific Bell On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 5-0, the claim from Pacific Bell (CF846-0897) was rejected. Pacific Bell On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 5-0, the claim from Pacific Bell (CF846-1028) was rejected. Pacific Bell on motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 5-0, the claim from Pacific Bell (CF846-0654)'was rejected. Stock On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 5-0, the claim from Michael D. Stock was rejected. Vanasek ADMINISTRATIVE ACTIONS Bid Item No. 834 "Jaws of Life" On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 5-0, the claim from R. A. Vanasek was rejected. Bids received for Bid Item No. 834, A Rescue System, "Jaws of Life", are on file in the Clerk's office. On motion by Council. Member Amburgey, seconded by Council Member Glasgow, the contract was awarded to San Diego Fire Equipment Company, 8541 Wellsford Place, Suite G, �AZo 3 MOTION. Santa Fe Springs, for $28,148.30. The motion carried Awarded to San by the following roll call vote: Diego Fire AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Equipment Amburgey, Genis, Glasgow Improvements for NOES: COUNCIL MEMBERS: None Bristol, Bear, ABSENT: COUNCIL MEMBERS: None Bid Item No. 839 Bids received for Bid Item No. 839, Floor Coverings for Floor Coverings for Balearic Center, are on file in the Clerk's office. On Balearic Center motion by Council Member Amburgey, seconded by Council Change Order Member Glasgow, the contract was awarded to Custom MOTION Floors, Incorporated, 13902 Seaboard Circle, Garden Awarded to Grove, for $12,368.00. The motion carried by the Custom Floors following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 3 Staff recommended approval of Change Order No. 3 for R.J.W. Construction $27,085.66 to the contract with R.J.W. Construction Company, Incorporated, 23655 Via Del Rio, Suite E, Yorba Civic Center Fire Linda, in connection with construction of the Civic Station Center Fire Station. The change order is for various changes recommended during City inspections. On motion IKOTION by Council Member Amburgey, seconded by Council Member Change Order Glasgow, the change order was approved by the following Approved roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "B" Staff recommended approval of Change Order "B" for Norris-Repke $7,100.00 to the contract with Norris-Repke, Incorpor- Remodeling the ated, 2882 Walnut Avenue, Suite A, Tustin, in connection Design of Street with design of street improvements for Bristol Street, Improvements for from Sunflower Avenue to Baker Street; Bear Street, from Bristol, Bear, to the I-405 Freeway; and Sunflower Avenue (south side), and Sunflower from Bear Street to Bristol Street. The change order Agreement adds the north side of Sunflower Avenue (located in the MOTION City of Santa Ana) to the contract. The City of Santa Change Order Ana has signed a letter of intent to reimburse the City Approved of Costa Mesa for the work. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/McCulloch The Director of Leisure Services recommended approval Request to Release Staff recommended the immediate release of 50 percent of 50 Percent of retention funds to Peterson -Chase General Engineering Retention Funds Construction, 27122"Cordera Lane, Mission Viejo, in to Peterson -Chase connection with construction of the Northbound I-405 Off Ramp at Harbor Boulevard. The project has been of an agreement with William C. McCulloch, 260 Newport Design for Center Drive, Newport Beach, in an amount not to exceed Remodeling the $7,700.00, to prepare drawings and specifications for Third Floor of remodeling the third floor of City Hall. On motion City Hall by Council Member Amburgey, seconded by Council Member Glasgow, the agreement was approved, and the Mayor and MOTION Clerk were authorized to sign on behalf of the City. Agreement The motion carried by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Request to Release Staff recommended the immediate release of 50 percent of 50 Percent of retention funds to Peterson -Chase General Engineering Retention Funds Construction, 27122"Cordera Lane, Mission Viejo, in to Peterson -Chase connection with construction of the Northbound I-405 Off Ramp at Harbor Boulevard. The project has been 0`31 I-405 completed; however, acceptance of the project has been Off Ramp at Harbor postponed because of pending settlements. On motion by Council Member Amburgey, seconded by Council Member MOTION Glasgow, authorization was given to release 50 percent Request Approved of retention funds. 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 Improvements for Sewer improvements on Park Avenue have been completed DR -88-43 by to the satisfaction of the Public Services staff by Satra Development Satra Development, 180 Newport Center Drive, Suite 180, Newport Beach, in connection with Development Review MOTION DR -88-43, for property at 685 West 18th Street. On Improvements motion by Council Member Amburgey, seconded by Council Accepted Member Glasgow, the improvements were accepted, and a time deposit for $8,300.00 was ordered exonerated. 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 Child Care On January 16, 1989, Council approved a request from the Committee Gals Child Care Committee to file an application with the State of California for $25,000.00 to be used in estab- lishing a tuition program which would assist low -and - moderate income families who are in need of child care. Part of the application process involves adoption of a resolution supporting the need for additional child care MOTION services. On motion by Council Member Amburgey, sec - Resolution 89-15 onded by Council Member Glasgow, Resolution 89-15, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUPPORTING THE ENDEAVORS OF THE CHILD CARE COMMITTEE TO MEET THEIR GOALS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Amendment to Safety On motion by Council Member Amburgey, seconded by Employees Retirement Council Member Glasgow, Resolution 89-16, being A RESO- Plan LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE RETIREMENT PLAN FOR SAFETY MOTION EMPLOYEES OF THE CITY OF COSTA MESA, amending Section Resolution 89-16 1.10, was adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Amburgey, seconded by No. 89-61/Three Council.Member Glasgow, Budget Adjustment No. 89-61 for New Staff Members $45,720.00, to transfer an adequate appropriation to to Implement add two Assistant Planners and one Building Technician Measure "T for implementation of Measure "T, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Adjustment Amburgey, Genis, Glasgow Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion•by Council Member Amburgey, seconded by No. 89-62 -Council Member Glasgow, Budget Adjustment No. 89-62 for Development $18,202,000.00,:representing a_decrease in the Develop - Trip Chargesment Trip Charges fund, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Adjustment Amburgey, Canis, Glasgow Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council -Member Amburgey, seconded by No. 89-63 Council Member Glasgow, Budget Adjustment No. 89-63 for Harbor -Maple $514,800.00, to transfer an adequate appropriation for Storm Drain construction of the Harbor -Maple storm drain, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Adjustment Amburgey, Canis, Glasgow Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference A motion was made by Council Member Amburgey, seconded Advances by Council Member Glasgow, to approve the following Conference Advances: MOTION Conference Advance for $966.00, for a police officer Advances to attend the Basic Crime Prevention Conference in Approved Sacramento, April 17-28, 1989; and Conference Advance for $750.00, for the Police Chief to attend the International Symposium for Law Enforce- ment in Albuquerque, February 20-22, 1989. 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 FORMER MAYOR Mayor Buffa recognized former Costa Mesa Mayor Donn Hall RECOGNIZED who was in the audience. PUBLIC HEARING The Clerk announced that this was the time and place EIR; North Costa set for the public hearings to consider the following Mesa Arterial items in connection with the North Costa Mesa Arterial Improvements; and Improvements, generally located between Hyland Avenue GP -89-1B 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, which analyzes impacts associated with proposed arterial improvements at 24 locations. North Costa Mesa Arterial Improvement Study, an engi- neering assessment of roadway improvements at 24 intersections. General Plan Amendment GP -89-1B, to amend the Circula- tion Element for intersections at various locations as described in the EIR and North Costa Mesa Arterial Study. The Affidavit of Publication is on file in the Clerk's office. Thirty-two letters were received expressing opposition to taking Harbor Trinity Baptist Church property for widening of the Baker Street/Fairview Road intersection. A letter was received from Maureen McClintock Rischard ;and Theodore E. Rischard, owners of the Villa La Costa Shopping Center, along with a petition signed by 23 tenants, in opposition to taking a portion of the .shopping center's property for widening of the Baker Street/Fairview Road intersection. The Transportation Services -Manager summarized his memorandum dated January -26,,1989. He reported that of the 24 improvement locations evaluated, it has been determined that the Master Plan of Highway designations should remain unchanged at five locations, decreased at two locations, and increased at 17 locations, as indi- cated in the aforementioned memorandum. The Transportation Services Manager introduced Gary Warkentin and Kevin -Thomas, -of Robert Bein, William Frost & Associates, preparers of EIR No. 1037, 14725 Alton Parkway, Irvine. Council Member Genis-questioned much of the information contained'in the EIR. Responses to her inquiries were given by the Transportation Services Manager, Kevin Thomas, and Gary Warkentin. Some of the item& addressed in Council Member Genis's questions related to cost for relandscaping; land use intensification; method of selecting high priority projects; Gisler/Garfield bridge, bridge north of the I-405, Gisler/Susan connec- tion; implementation of a portion of the plan in the City of Santa Ana; possible increased runoff resulting from 6-1/2 acres of additional roadway and elimination of an unspecified amount of landscaping; biological resources as discussed in the Home Ranch EIR; compensa- tion for earning losses during relocation; impacts on emergency response; impacts on other streets in Costa Mesa and streets in other cities; and possible inaccu- racy of the land use and trip generation tables. Mayor Buffa mentioned that based on staff's recommenda- tion and a straw vote by Council, it is very probable that the intersections of Fairview Road/Baker Street and Bristol Street/Anton Boulevard will not be acted upon this evening so that staff can explore other alterna- tives. RECESS The Mayor declared a recess at 8:30 p.m., and the meeting reconvened at 8:40 p.m. Sid Soffer, 900 Arbor Street; Costa Mesa, suggested that both the questions by Council Member Genis and responses by the consultants and staff should have been in writing. W. Drexel Daniels, 2798 Redwing Circle, Costa Mesa, representing Harbor Trinity Baptist Church, 1230 Baker Street, thanked the Council for proposing that other alternatives be explored for the Fairview Road/Baker Street improvements. Ted Rischard, one of the owners of the Villa La Costa Shopping,Center, located at the.southwest corner of Baker Street and Fairview Road, reported that neither he nor his tenants received notification of the hearings for this project. Clifford Rapp, 3142 -Manistee -Drive, Costa Mesa, Pastor of the Orange Coast Japanese Methodist Church, stated that his congregation meets at Harbor Trinity Baptist Church, and he objected to the City's taking the Harbor Trinity property for widening of the intersection. Maureen Rischard suggested widening the east side of Fairview Road for the intersection improvements because it would be less of an impact on those properties. Bob Yoder, 155 Buoy Street, Costa Mesa, was opposed to having a bike lane on Baker Street. Greg Salios, representing Harbor Trinity Baptist Church, commented that the EIR should not be certified because of the many questions which have arisen concerning the document. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, commented that questions concerning the EIR should be answered before Council approves it. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Amburgey, seconded Adopt Resolution by Council Member Glasgow, to adopt a resolution certi- Certifying EIR 'fying the final program EIR No. 1037 as complete and No. 1037 Except adequate for the North Costa Mesa Specific Plan Arterial for Two Intersec- Improvement Study and General Plan Amendment GP -89-1B, tions excluding the Baker Street/Fairview Road and Bristol Street/Anton Boulevard intersections. ;The City Attorney recommended that the two intersections be deleted from General Plan Amendment GP -89-1B, but not from EIR No. 1037. AMENDED MOTION ;Council Member Amburgey amended his motion to reflect Retain the Two the City.Attorney's recommendation. Since Council Intersections in Member Glasgow would not support the motion as amended, the Certified EIR ;the amended motion was seconded by Mayor Buffa. 'Council Member Genis suggested certifying the EIR as adequate except as it applies to those two intersec- tions. The City Attorney commented that if Council will not be approving the two intersections as part of GP -89-1B, then it would be appropriate to certify the EIR as complete and adequate except for its treatment of the two intersections, and then an addendum to the EIR could be prepared when Council decides to act on those intersections. - SUBSTITUTE A substitute motion was made by Council Member Amburgey, MOTION seconded by Vice Mayor Hornbuckle, to adopt Resolution Resolution 89-17 '89-17, being A RESOLUTION OF THE CITY COUNCIL OF THE Adopted Certifying CITY OF COSTA MESA, CALIFORNIA, CERTIFYING AS COMPLETE EIR No. 1037 Except. AND ADEQUATE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT for Two Intersec- NO. 1037 FOR THE NORTH COSTA MESA SPECIFIC PLAN ARTERIAL tions; Staff IMPROVEMENT STUDY AND GENERAL PLAN AMENDMENT GP -89-1B, Directed to Prepare excluding two intersections, Fairview Road/Baker Street Addendum and Bristol Street/Anton Boulevard, and directing staff to prepare an addendum for alternative arterial improve- ments for those two intersections. Council Member Hornbuckle addressed the concerns of Mr. Salios regarding the adequacy of the EIR, stating that the questions raised this evening were from one Council Member only, and even though the questions are legiti- mate for that person, it does not mean the EIR is automatically inadequate. Council Member Genis stated that although she was happy to see the study in progress, she had doubts about its adequacy. The substitute motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey; Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None MOTION A motion was made by Council Member Glasgow, seconded by Study Accepted Council Member Amburgey, to accept the North Costa Mesa Arterial Improvement Study, stipulating that additional study will be done on the two aforementioned intersec- tions. Vice Mayor Hornbuckle was concerned with Council Member Genis's comments about the traffic model in the EIR not being accurate, such as, the absence of some homes assigned to the Halecrest Tract; and a hotel possibly being a mixed office use. Because of these concerns, the Vice Mayor requested that staff provide a report. AMENDED MOTION Added a Direction Council Member Glasgow amended his motion to include a to Staff to Report direction to staff to provide a report on the authen- on the Traffic ticity of the traffic model. The amended motion was Model seconded by Vice Mayor Amburgey, and carried 5-0. MOTION A motion was made by Council Member Amburgey, seconded Resolution 89-18 by Council Member Glasgow, to adopt Resolution 89-18, Adopted, Adopting being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GF -89-1B Excluding COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT Two Intersections GP -89-1B TO AMEND THE MASTER PLAN OF HIGHWAYS IN NORTH COSTA MESA, excluding the Fairview Road/Baker Street and Bristol Street/Anton Boulevard -intersections. Council Member Genis announced that she will be opposing the motion because there is a potential for taking land away from little people that will end up enhancing the developability of land owned by big people. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None Vice Mayor Hornbuckle mentioned that Council Member Genis just raised a point concerning "Attachment A - Statement of Facts", "Attachment B - Statement of Over- riding Considerations", and "Attachment C - Conditions of Approval/Inventory of.Mitigation Measures", asking whether these attachments were included with the adop- tion of Resolution 89-17 or Resolution 89-18, or whether a separate motion is required. (These attachments were included with staff's memorandum of January 26, 1989.) At the suggestion of the City Attorney, staff was directed to review the data and report back to Council at the February 21 meeting, advising whether these documents are attachments for one of the two aforemen- tioned resolutions, or whether another resolution must be adopted which will include Attachments A, B, and C. OLD BUSINESS The Clerk presented Ordinance 88-19 for second reading R-88-07 and adoption. The ordinance changes the zoning at 2233 Amburgey/Carich and 2239 Fairview Road from Cl to R4 in connection with Ordinance 88-19 Rezone Petition R-88-07, Amburgey/Carich. MOTION On motion by Council Member Amburgey, seconded by Vice Held Over to Mayor Hornbuckle, and carried 5-0, this item was con - February 21,-1989 tinued to February 21, 1989, as recommended by staff. Processing Time On motion by Council Member Amburgey, seconded by for Rezones and Council Member Glasgow, ordinance 89-4, being AN ORDI- Planning Actions NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGARDING PLANNING ACTION AND REZONE PETI- TION APPLICATION PROCESSING TIME, was given second reading and adopted by the following roll call vote: MOTION -AYES: COUNCIL.MEMBERS: Buffa, Hornbuckle, Ordinance 89-4 Amburgey-, Canis, Glasgow Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Harbor -Maple The Clerk presented a report from the City Manager dated Storm Drain February 2, 1989, concerning construction of the Harbor - Staff Report Maple Storm Drain, Phase II. Council Member Amburgey mentioned that the memorandum details several alternatives for completion of the storm drain project, and asked if it would be permissible to allow staff to direct the contractor to implement alter- natives necessary for the project to proceed in the fastest and most efficient manner possible, and then having staff bring the changes to Council for ratifica- tion. The City Attorney responded that he would look into that suggestion so that the project will not be delayed. No.action was required for the report. Pro -active Code The Clerk presented a report concerning implementation Enforcement of a Pro -active Code Enforcement Program. Program The Deputy City Manager/Development Services summarized staff's memorandum dated February 2, 1989, which details the cost to maintain or expand the program, cost to mail Community Improvement brochures Citywide, revenue gener- ated by response to citations issued, and conclusions and recommendations. Vice Mayor Hornbuckle suggested mailing the brochures along with the Costa Mesa Community Report to reduce the cost of mailing. Council Member Amburgey was of the opinion that the program should be implemented in accordance with the recommendation contained on Page 3 of the memorandum, that is, initially expanding the program by adding two Code Enforcement Officers. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he has not been able to obtain a copy of a certain report. The Deputy City Manager responded that the reports referenced by Mr. Soffer are weekly staff reports con- taining addresses, and he was of the opinion that this information is confidential and should not be published in the newspapers. The City Attorney commented that he would review the reports and advise whether or not they are confidential. MOTION. A.motion was made by Vice Mayor Hornbuckle, seconded by Mail Brochures Council Member Glasgow, directing staff to print the with Community Community Improvement brochure and mail it with the Report Community Report. The motion carried by the following .roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Conis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION/Expand Pro- gram with Two Addi- A motion was made by Council Member Amburgey, seconded tional Code Enforce- 'by Council Member Glasgow, directing staff to implement ment Officers when expansion of the Pro-active'Code Enforcement Program the City Manager with the addition of two Code Enforcement Officers when Ascertains Funding the City Manager ascertains the funding source. 1 z ot-3) u Vice Mayor Hornbuckle mentioned that since there are many priorities to'be considered, expansion of the pro- gram should be decided upon when budget decisions are made. ' Council Member Amburgey stated that the intent of his motion was the,same as the last paragraph on Page 3 of staff's memorandum which indicates staffing decisions will be made as part'of the 1989-90 budget. Mayor Buffa agreed with the comments made by Vice Mayor Hornbuckle, preferring to make a decision on expansion of the program during budget hearings. Substitute Motion Vice Mayor Hornbuckle made a substitute motion to con - Failed to Carry tinue the pro -active program on the west side of Costa Mesa with the current Code Enforcement staff, and to consider expanding the program when Council reviews budget.priorities... The motion died for lack of a second. AMENDED MOTION Council Member Genis recommended an amendment to the Added a Direction motion'by adding'that the City Manager be directed to to City Manager to investigate reinspection fees as a source of funding. Investigate Re- Council Member Amburgey so amended his motion and it inspection Fees was seconded by Council Member Glasgow. The amended motion carried 3-2, Council Members Buffa and Hornbuckle voting no. NEW BUSINESS The Clerk presented an urgency ordinance amending Title 13 of the Costa Mesa Municipal Code to clarify the list "Residential of permitted uses in the Rl (single-family residential) Facilities" in zone regarding "residential facilities". the R1 Zone The Deputy City Manager/Development Services summarized staff's memorandum of February 2; 1989. He reported that in recent months, two alcoholic recovery facilities have begun operation in the City which house,nmre than six persons; therefore, they are not exempt from City requirements_ under the Health and Safety Code. The Deputy Manager stated there appears to be a need to revise the wording in the Municipal Code to clarify the meaning of "residential uses". Responding to a question from Sid Soffer, 900 Arbor Street, Costa Mesa, the Deputy City Manager explained that the two alcoholic recovery facilities are operating without the required permits, and complaints have been received from citizens. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Urgency Ordinance Member Amburgey, Urgency Ordinance 89-5, being AN ORDI- 89-5 Adopted NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING"TITLE 13 OF THE COSTA MESA MUNICI- PAL CODE TO CLARIFY THE LIST OF ACCESSORY USES IN THE Rl (SINGLE-FAMILY RESIDENTIAL) ZONE REGARDING "RESI- DENTIAL FACILITIES", was adopted -by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: -None ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 10:25 p.m., and the meet- ing eeting reconvened at 10:30 p.m. Request for The Clerk presented a request -from Allen Paul, 2167 Rehearing/Contract Harbor Boulevard, Costa Mesa, -representing the Costa Award for the Mesa Merchants Association, for a rehearing of Council's Harbor -Maple Storm decision'on January 16, 1989, awarding a contract for Drain, Phase II construction of the Harbor -Maple Storm Drain, Phase II. ;rt try Z L.. _ 14OTION Request Withdrawn Notice of Completion Sully -Miller 1986-87 Street Maintenance (Reconstruction, Chip Seal, Slurry Seal, and Overlay) Allen Paul read a prepared statement indicating that the merchants have a better understanding of the situation and intend to work with the City in having construction of the storm drain proceed as efficiently as possible with the least amount of negative impacts on the Harbor Boulevard businesses. He urged Council to direct the contractor to make maximum use.of steel plates to cover open trenches at all driveways both day and night. Mr. Paul concluded his remarks by withdrawing his request for a rehearing. On motion by Vice Mayor Hornbuckle, seconded by Mayor Buffa, and carried 5-0, the request for rehearing was withdrawn as requested by Mr. Paul. Item 17 on the Consent Calendar was presented: Comple- tion of the 1986-87 Street Maintenance Project (Recon- struction, Hot Rubberized Chip Seal, Slurry Seal, and Overlay on Various Street) by Sully -Miller Contracting Company, Post Office Box 432, Orange. Council Member Amburgey reported that some of the work done on streets in the Mesa del Mar area by a subcon- tractor was less than adequate, and complaints were received by staff. He stated that when the subcon- tractor refused to accept responsibility for the unacceptable work, Sully -Miller Contracting offered to make the corrections. Council Member Amburgey can - mended Sully -Miller for their actions. MOTION On motion by Council Member Amburgey, seconded by Improvements Council Member Glasgow, the work was accepted; the Clerk Accepted was authorized to file a Notice of Completion; the Labor and Material Bond was ordered exonerated 7 months there- after; the Performance Bond was ordered exonerated 12 months thereafter; authorization was given to release 50 percent of retention funds immediately, and the remaining funds 35 days after the Notice of Completion has been filed. The motion carred by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Cenis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for Item 18 on the Consent Calendar was presented: Final Tract No. 13682 Map.for Tract No. 13682, Rodney Brown, developer, 177 Brown Riverside Drive, Suite F, Newport Beach; one lot, 0.45 - acre, located at 2337 Elden Avenue, for condominiums. Council Member Cenis mentioned that the City is still using 1979 parkland or in -lieu fees in conjunction with tract maps, and recommended that fees be brought in line with current costs. The City Manager reported that staff has been working on a new ordinance which would update the fees. The Deputy City Manager/Development Services elaborated on the ordinance now being drafted, and estimated that it would be submitted at a Council Study Session same time in April or May, 1989. MOTION on motion by Council Member Amburgey, seconded by Vice Map Approved Mayor Hornbuckle, the map was approved; the Council did accept.on behalf of the City,.the emergency and security vehicle easement over Lot 1, and the three-foot public utility easement, both as shown on said map; did also approve the map pursuant to the provisions of Section LC [1 66436(a)(3)(A) of the Subdivision Map Act; and the Council approved the abandonment of the five-foot street and highway easement within the boundary of said map, acquired by the City per deed recorded in Book 7000, Page 39, of Official Records, Records of Orange County, California (not shown on subject map), pursuant to Sec- tion 66499.20 1/2 of the Subdivision Map Act; and the Clerk was authorized to sign the map 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 CITY ATTORNEY REPORTS The Mayor announced that a closed session will be held at the end of regular business to consider pending liti- Pending Litigation gation in the case of Costa Mesa Residents for Responsi- Referred to Closed ble Growth v. City of Costa Mesa, Superior Court Case Session No. 52-54-40; and other litigation. CITY MANAGER The City Manager reported that based on comments made at REPORTS this meeting, it is apparent that staff must do a rather extensive and complete review of mailing procedures. He Mailing mentioned that staff has mailing lists which are pro - Procedures vided to the postal service, and it appears that they are -not being sent out. Availability of The City Manager referred to comments by Council Member Documents Genis regarding the availability of documents. He stated that staff will be reviewing this procedure to determine what can be done to have these documents available to Council and the public in a shorter period of time. COUNCILMANIC Council Member-Genis referred to Item 3 on the Consent COMMENTS Calendar which was a letter of complaint regarding the use of air blowers,by gardeners and construction Air Blowers workers. Council Member Genis stated that at a future Study Session, -she would like to discuss the possibility of having -these blowers redesigned so they would run backwards into a vacuum. Merger of Council Member Amburgey referenced a letter from the City Transportation of Tustin regarding the transportation agencies merger Agencies proposal. He felt several items needed to be addressed before the Council makes a recommendation. Council Member Amburgey stated that he would like the County study committee to address the possibility of auditing all agencies involved in --the consolidation; to investi- gate the idea of electing members to the new consoli- dated agency so that the -members -would be accountable to all County residents; and --to determine -the rationale used in forming separate agencies at the outset. He reported that he saw the survey which was sent to the community by the study committee,'and it was his opinion that the survey was poorly prepared. He recommended that the study committee have a professional survey prepared and circulated, and if they do not have such a survey prepared, the Council should authorize a survey to obtain the opinions of Costa Mesa residents. Vice Mayor Hornbuckle agreed with many of Council Member Amburgey's comments; however, she questioned the idea of electing members to the new agency because it could result in a czarship, that is, if the members were elected Countywide, there may be members elected in perpetuity. She suggested that it may be better to have representatives from each city combined with County representatives. U -D '340 Mayor Buffa was in favor of the consolidated agency members being elected representatives; however, he felt it would be premature for Council to forward a letter to the study committee at this time. The Mayor commented that too much emphasis has been placed on "efficiency" rather than on "authority". The City Manager mentioned that he.is working with the League of Cities regarding this process. He recommended placing the Council's comments in writing so that they can be addressed now.. He stated that Council's comments may not be considered once final recommendations are made by the study committee. Mayor Buffa asked the City Manager to work with Council Member Amburgey on drafting a letter containing the concerns expressed, and submitting a copy to each Council Member as soon as possible for review and comments. vice Mayor Hornbuckle mentioned that she was a member of the "Super Committee" and Council Member Amburgey was kind enough to circulate the video tape made by 'that committee to same of the organizations in the community. She reported that the "Super Committee" has reconvened and has been asked to look at Countywide growth management and to come up with some sort of policy. ADJOURNMENT TO At 11:10 p.m., the.Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room. CMRRG v. City Discussion was held to consider pending litigation in and Other the case of Costa Mesa Residents for Responsible Growth Litigation v. City of Costa Mesa, Superior Court Case No. 52-54-40; and other litigation. At 11:40 p.m., Council Member Genis excused herself from further discussion. No action was taken. ADJOURNMENT The Mayor declared the meeting adjourned at 11:55 p.m. f Mayor o"City osta Mesa ATTEST: 'ty�Clerk.of the City of Costa M a 1