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HomeMy WebLinkAbout02/21/1989 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 21, 1989 The City Council of the City of Costa Mesa, California, met in regular session February 21, 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 the Reverend Conrad Nordquist, St. John the Divine Episcopal 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 City Clerk Eileen Phinney MINUTES On motion by Council Member Amburgey, seconded by Vice February 6, and Mayor Hornbuckle, and carried 5-0, the minutes of the February 14, 1989 regular meeting of February 6, 1989, and special meeting of February 14, 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 Calen- dar: Item 2, Santa Ana Avenue No. 2 Annexation; Item No. 4, Ordinance amending Title 5 of the Code regarding signs; and Item 13, Recommendation from the Transporta- tion Commission to reinstate parking on Rhodes Drive. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Canis, Glasgow NOES:' COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 0: IIMY0 COMMUNICATIONS On motion by Vice Mayor-Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, a,communication from Recycling Waste Charles A. Lohrstorfer, 3086 Molokai,Place, Costa Mesa, urging adoption of a responsible program for recycling MOTION/Referred to waste, was referred to the'Costa Mesa Sanitary District Sanitary District for a response. READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0,..the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: John K. Bittinger; Jose Garcia; Robert P. Green; Edmona Mitchell; and Southern California Edison Company. 343 Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved.by the Planning staff: Licenses Keton and Phuong Truong, doing business as California Stop, 600 West 19th Street, Suites A and B; and Chris Lagaris and Steve Xenos, doing business at 2949 Fairview Road. Public Notice from the ?ublic Utilities Commission that Utilities Application No. A88-08-032 has been filed by Joseph Commission Logo, for a Certificate of Public Convenience and Necessity, to expand his passenger stage service between Los Angeles and San Pedro Harbors and cities in Los Angeles and San Bernardino counties. WARRANTS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, Warrant Resolution 1421, including MOTION Payroll 8903, was.approved by the following roll call Warrant 1421 vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Vice.Mayor Hornbuckle, seconded by Council Member-Amburgey, and carried 5-0, the claim from Irwin Kempler and Virginia Kempler was rejected. Viramontes On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the claim from Sheri Viramontes was rejected. ADMINISTRATIVE Staff requested approval of Change Orders No. 5 and ACTIONS No. 6 for $16,930.00 and $226,000.00, respectively, to the contract with Damon Construction Company, 500 East Change Orders' Gardena Boulevard, Gardena, in conjunction with the No. 5 and No. 6 1988-89 Annual Contract for Parkway Maintenance. Change Damon Construction Order No. 5 is needed to perform additional work from a backlog of hazards.to pedestrians. Change Order No. 6 1988-89 Annual is to include.Princeton Drive from Fairview Road to Parkway Harbor Boulevard which.is.severely deteriorated. On Maintenance motion -by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the change orders were approved by the MOTION following roll call vote: Change Orders AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change order No. 1 Staff requested approval of Change.Order No. 1 for Aman Brothers $320,000.00 to the contract with Aman Brothers, Incor- porated, 614 East Edna P1ace,.Covina, in connection with Harbor -Maple Storm Construction of the Harbor -Maple Storm Drain, Phase II. Drain, Phase II The change order pertains to the Council's request of January 16, 1989, that the contractor provide two lanes of traffic in each direction on Harbor Boulevard at all MOTION times. On motion by Vice Mayor Hornbuckle, seconded by Change Order Council Member Amburgey, the change order 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 Reimbursement Staff recommended approval of a reimbursement agreement Agreement with with Nabahani Company, 19 Warmspring, Irvine, for Nabahani Company $5,574.31, for the City's share of alley construction DR-86-59 costs at-1301 Baker Street in connection with Development Review DR-86-59. On motion by Vice Mayor Hornbuckle, 3411 MOTION seconded by Council Member Amburgey, the agreement was Agreement approved, and the Mayor and Clerk were authorized to Approved sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:. None Agreement with Staff recommended approval of -an agreement with W. L. W. L. Hartman Hartman and Associates, 15520 Rockfield Street, Suite 120A, Irvine, for $137,230.00, to provide construction Construction management services for the Harbor -Maple Storm Drain, Management for Phase II: On motion by Vice Mayor Hornbuckle, seconded Harbor -Maple Storm by Council Member Amburgey, the agreement was approved, Drain, Phase II and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following 140TION roll call vote: Agreement AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Staff recommended approval of an agreement with Golden Coast Golden Coast Coast -Environmental Services, Incorporated, 18010 Skypark Circle, Suite 225, Irvine, for $48,000.00, to Street Tree provide a Street Tree Inventory. On motion by Vice :Inventory Mayor Hornbuckle, seconded by Council Member Amburgey, the agreement was approved, and the Mayor and Clerk were MOTION authorized to sign on behalf of the City. The motion Agreement carried by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Sole Source Staff requested authorization to purchase a 40-foot Purchase of 40-foot wooden bridge for $10,573.50 from sole source vendor, WDoden Bridge for Western Wood Structures, Incorporated, 20675 Southwest Canyon Park 105th Street, Tualatin, Oregon, to.be used at Canyon Park. On motion by Vice Mayor Hornbuckle, seconded by MOTION Council Member Amburgey, the purchase was approved by Purchase the following roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis-1 Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of Construction of the Civic Center Fire Station has been Civic Center completed to the satisfaction of staff by R. J. W. Fire Station Construction Company, Incorporated, 23655 Via Del Rio, Suite E, Yorba Linda. Ori motion by Vice Mayor Hornbuckle, MOTION seconded by Council Member Amburgey, the work was 'vbrk Accepted 'accepted; the Clerk was authorized to file a Notice of Completion; authorization was given to release remaining retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter;.and the Performance Bond was ordered exonerated 12 months there- after. 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 Completion of The Northbound Interstate 405 Freeway Harbor Boulevard Northbound I-405 Off -ramp improvements have -been completed to the :Harbor Boulevard satisfaction of the Assistant to the City Manager by Off -ramp Peterson -Chase General Engineering Construction, 27122 Cordera Lane, Mission Viejo. On motion by Vice Mayor MOTION Hornbuckle, seconded -by Council Member Amburgey, the Improvements work was accepted;.:the Clerk was authorized to file a . Accepted Notice of Completion;.authorization was given to release remaining retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the follow- ing roll. call vote:. AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Cenis, Glasgow NOES COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of Modification of Traffic Signals along Placentia Avenue Modification of at the intersections of the following streets have been Traffic Signals completed to the satisfaction of the Assistant to the Along Placentia City Manager by Raymor Electric Company, Incorporated, Avenue 405 South Del Mar Avenue,. San Gabriel: Wilson, Victoria, 19th, 18th, 17th,- and 16th. On motion by Vice Mayor MOTION Hornbuckle, seconded by Council Member Amburgey, the Improvements work was accepted; the Clerk was authorized to file a Acceped Notice of Completion; authorization was given to release remaining retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months there- after; and -.the Performance Bond.was ordered exonerated 12 months thereaf ter.- The motion carried by the follow- ing roll -call vote:. AYES: COUNCIL -MEMBERS: Buffa, Hornbuckle, Amburgey, Canis, Glasgow .NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL -MEMBERS: None Maternity Leave On motion by Vice Mayor Hornbuckle, seconded by Council for Employee Member-Amburgey,-and carried.5-0, a maternity leave without pay for four months.in excess of 90 calendar MOTION days accumulated sick and vacation time was granted to Leave Granted Helen Nenadal, a Public Services employee. Extension of On motion by Vice Mayor Hornbuckle, seconded by Council Route 55 Freeway Member Amburgey, Resolution-89-19, being A RESOLUTION OF from 19th Street THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, to Industrial Way REGARDING THE EXTENSION OF THE COSTA MESA FREEWAY (ROUTE 55) FROM 19TH STREET TO INDUSTRIAL WAY, was adopted by the following roll_call.vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Resolution 89-19 Amburgey, Canis, Glasgow Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:. None PUBLIC HEARING The City Clerk announced the public hearing, continued Appeal of PA-88-156 from the meeting -of .January 16, 1989, for an appeal of Spiller/Keeler the Planning Commission's denial of Planning Action PA-88-156 from Joyce Spiller, 300 Flower Street, Costa Mesa, authorized 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. Joyce Spiller reported that Michael Keeler has been delayed in traffic and will be late in arriving for the public hearing.! Item Trailed Mayor Buffa announced -that thisitem will be trailed until after Michael Keeler arrives. PUBLIC HEARING The City Clerk announced that this was the time and Appeals from place set for the public hearing to consider the appli- Foreman/Wada and cations from Attorney Sheldon L. Foreman, 1350 Hampshire Studer Circle, Newport Beach, representing Walter W. Wada, ZE-83-111A2 owner of property property at 1741 Whittier Avenue; and Barto Donald E. Studer,.Olen Properties Corporation, 17991 Cowan,-Irvine,.appealing the Planning Commission's' - adoption of.Resolution PC-89-02 and approval of Zone Exception ZE-83-111A2, for Eric K..Barto, authorized agent for Jerrel C. Barto, 2082 Southeast Bristol Street, Suite 200, Santa Ana, for an amendment to a previously approved Conditional Use Permit to reduce in size and relocate an oil tank farm from a residential site at 1050 West 18th Street to a vacant industrial site at 1741 Whittier Avenue,,in an.MG zone. Environmental Determination: .Environmental Lmpact Report No. 1038 certified July 19, 1988. The Affidavit of Mailing is on file in the Clerk's office. Letters -have been received from the following persons in opposition to the application: Clarence J. Turner, Trico Realty, Incorporated, 201 Paularino Avenue, Costa Mesa; Warner Wada,.325 West 37th Street, New York City, New York, owner of property at 1741 Whittier Avenue; and Robert E..Dodds, Prime Controls Company, 1010 West 17th Street; Costa Mesa. A letter has been received from_ Eric K. Barto, Barto Oil, 2082 Southeast Bristol Street, Suite 200, Santa Ana, stating that Barto Oil has been working.with.City staff and surrounding landowners to eliminate concerns. A petition containing 20 signatures from neighboring.business operators has been received 'stating -opposition to the application and requesting that it be rejected. The Deputy City Manager/Development Services outlined background information and staff's analysis of concerns expressed in the appeals received as outlined in a memorandum dated.February 16, 1989, and attachments thereto— He then presented graphics showing the layout of the proposed tank farm on the property. The Deputy City Manager responded to a question posed by Council Member Genis regarding the reference to the environmental superiority of this location addressed in the Environmental Impact Report (EIR). Donald E. Studer, General Counsel for Olen Properties Corporation, felt there were several inadequacies in the EIR. He stated.that.the report indicates no fault traces were found within the site boundaries of the proposed tank farm relocation site, yet there is no report regard- ing this. He said a survey was conducted in July, 1946, by the California Exploration Company reporting that there is an.existing fault line directly underneath the property... Also,.the:EIR,states that site specific mitigation measures would have to be identified and investigated prior to the approval of a tank farm and no such study had been conducted. He then addressed the oil line easement shown on the diagram and stated that 'to his knowledge there -is no easement for oil lines to cross the property. In conclusion, he reported that all of the tenants of the buildings located immediately north of the proposed tank farm are concerned about odors and safety if an oil storage facility is approved so close to developed property. Honora Murphy, 1750 Whittier Avenue, Costa Mesa, Green- leaf Mobile Park, stated she cannot understand how one man could impose his will against the wishes of more than 200 people 217 Sheldon Foreman, Attorney for the Wadas, expressed concern regarding the fault line. He stated that if the City approves this application without further consid- eration of its impact on the environment and the right of the applicant to use the surface easements for the tank farm, it could be subject to litigations and also be subject to increased applications for the use in other locations on the street. Warner Wada, 325 West 37th Street, New York City, stated that the land has been in the family since 1937. He questioned the legality of locating a tank farm on this property -and whether this would be the best use for it. He stated that the surrounding property owners all object to the proposed tank farm. Lillian Teel, 1750 Whittier Avenue, Costa Mesa, spoke in opposition to the proposed use for this property which she felt was completely incompatible with the surrounding neighborhood. She stated that Mr. Barto has not kept his cemmi.tnent .to keep the property in good condition and that the property has been used as a dump. Paul Ryan, 708 Marigold, Corona del Mar, Real Estate Broker and member of the Newport Harbor/Costa Mesa Board of Realtors, stated that he has performed preliminary investigations on Warner Wada's behalf with regard to potential uses for the property and felt that an indus- trial use would be consistent with current zoning and parking regulations. Kurt Stalder, Commercial Real Estate Broker, no address given, stated he proposed an industrial/business park use for this property. He stated that Mr. Wada has considered this use for the property but because of the leasehold interest on the property it was not possible for him to proceed. There being no other speakers, the Mayor closed the public hearing. Vice Mayor Hornbuckle recommended continuing this item as there was no-one present from Barto Oil. Mayor Buffa and Council Member Amburgey recommended proceeding as all parties were amply notified and contin- uance would impose an extreme inconvenience for some of those in attendance. In response to a question posed by Vice Mayor Hornbuckle, the City Attorney stated that a rehearing could be requested if the applicant desires. MOTION A motion was made by Council Member Glasgow, seconded ZE-83=111A2 by Council Member Amburgey, to deny Zone Exception Denied ZE-83-111A2, based on the findings that a tank farm would be an inappropriate use for the area and that it would be contrary to the health and safety of the com- munity. Council Member Genis stated she will abstain fram voting as she has not read thoroughly enough the environmental documents on the project. Vice Mayor Hornbuckle stated that she will support the motion with some reluctance since there has not been an opportunity to hear from Mr. Barto. The motion carried 4-0, Council Member Genis abstaining. Council Member Glasgow recommended.that the property be cleaned up and Mayor Buffa requested staff investigate the scope of the situation so a determination can be made as.to whose responsibility it will be to correct the situation. OLD BUSINESS The City Clerk presented, from the meeting of February R-88-07 6, 1989, Ordinance 88-19 for second reading and adop- Amburgey/Carich tion. The ordinance-changes.the zoning at 2233 and 2239 Ordinance 88-19 Fairview Road from.C1 toIR4.in connection with Rezone Petition R-88-07, Amburgey/Carich. Item Trailed Vice Mayor Hornbuckle requested, and Mayor Buffa concur- red, that this item be trailed until after discussion of New Business Item No. 3, which hasa direct relationship for approval of..this.request. EIR 1037/GP-89-lB The City Clerk presented, from the meeting of February North Costa Mesa 6, 1989, a report fnm the City Attorney concerning Arterial Improve- adoption.of "Attachment A - Statement of Facts", ments "Attachment B - Statement of Overriding Considerations", and "Attachment C - Conditions of Approval/Inventory of Mitigation Measures",,in connection with Environmental Impact Report No. 1037 and General,Plan Amendment GP-89-1B for the_North Costa Mesa Arterial Improvements. Vice Mayor Hornbuckle stated that this is merely an attachment to a resolution which was approved at the last Council meeting. MOTION On motion by Vice.Mayor Hornbuckle, seconded by Council Resolution 89-18A Member Amburgey,.Resolution 89-18A, being A RESOLUTION Adopted OF THE CITY COUNCIL,OF THE CITY OF COSTA MESA, CALI- FORNIA, ADOPTING GENERAL PLAN AMENDMENT GP-89-1B, AMENDING THE MASTER PLAN OF HIGHWAYS IN NORTH COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None NEW BUSINESS Human Relations The City Clerk presented a request to appoint four new Committee members to the Human Relations Committee. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Members Appointed- Member Glasgcw,.and carried.5-0, the following people were appointed .to serve on the Human Relations Committee: Debra Reynolds, Vicki Cowell, Carol Shubeck, and Laura Collier. Vice Mayor Hornbuckle requested staff send a letter of thank you to the resident of Santa Ana who submitted an application. - South Coast'Symphony The City Clerk presented a request from South Coast Loan Request Symphony for.a loan.�of $15,000.00 Mayor Buffa stated that the memorandum from the City -Manager dated February 15, 1989,.is self-explanatory. Sally Anne Sheridan, Member of the Board of Directors of the South Coast Symphony, 3840 South Plaza Drive, Suite 6-45, Santa -Ana, and Member of the Managing Directors, stated -that the Symphony is requesting this loan to help defray existing expenditures. She then presented back - =ground information relating,to the deficits incurred, as well as what steps are being taken to make the symphony profitable in the future. Mayor Buffa announced that Sally Anne Sheridan is also a Council Member for the City of Irvine. Jeff Whiting, Member of the Board of Directors of the South Coast Symphony, stated it is their desire to continue to provide the City of Costa Mesa with a quality orchestra. MOTION A motion was made by Council Member Amburgey, seconded Loan Approved by Council Member Glasgow, for the City to act as co- signer for a commercial loan of $15,000.00 to South Coast Symphony. Vice Mayor Hornbuckle opposed the motion because she did not believeguaranteeing loans is a proper role for the City. She supports the arts and art funding program, but stated that this has not gone before our Cultural Arts Committee for input, and she is concerned that a precedent will be set for other orgnizations of this type who might find themselves in financial difficulty. Mayor Buffa stated that although the idea of co-signing a loan for a community group is new, he believed the risks are minimal considering the alternatives. It was his opinion that this approach will be a workable arrangement. Council Member Glasgow concurred with Mayor Buffa's statements. Council Member Genis opposed the motion as she is concerned about the precedent it might set; this organi- zation has already been given a grant, and this would be an extension of that grant; and she does not believe it is a good credit risk. The City Manager responded to questions from Council regarding this items relationship to the Gann Limitation. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Hornbuckle, Genis ABSENT: COUNCIL MEMBERS: None Sally Anne Sheridan thanked Council for the guarantee of the loan and also stated that the City of Irvine is helping to sponsor the March 28, 1989, 2:00 p.m., perfor- mance for senior citizens which will be held at the South Coast Community Church. She said that the symphony has agreed that $1.00 off each of its tickets for seniors would go back to the Irvine Senior Foundation and this same arrangement could be granted to Costa Mesa's senior citizens group if someone in that organization would assist with ticket sales. They would also provide flyers for the event. Mayor Buffa asked staff to inves- tigate. PUBLIC HEARING The appeal of -Planning Action PA-88-156, trailed from Appeal of PA-88-156 earlier in the evening, was presented. Spiller/Keeler The Deputy City Manger/Development Services reported that the appeal request was continued to allow addi- tional time for staff to meet with the applicant in an attempt to resolve the need for parking variances. After reviewing various alternatives, the applicant is now proposing to enlarge the existing parking pad and pave the area between the front residence and the east property line in order to provide four open parking a-�, - q-5D spaces. [mile the degree of nonconformance has been reduced by this proposal, the property would still re- quire the following variances which are contained in staff's memorandum dated February 15, 1989: a. Two parking stalls (1 and 2) are tandem; b. Two parking stalls (3 and 4) would be located in the front setback; c. Two covered parking spaces are not provided; and, d. The parking is not screened from the street. The Deputy then presented a site plan indicating the proposed parking. The Deputy provided a response -to questions posed by Council Member Canis regarding the possibility of relocating the porch. Mike Keeler, 160 East 21st Street, Costa Mesa, read from a letter he received from Southern. California Edison Company, dated December 28, 1988, (included as an attach- ment to staff's memorandum) which states that the electric meter was installed on March 12, 1971, and it is their policy to receive a final approval building inspection from the respective governmental agency before such installations are made. Robert Milliken, Remax Realtors, Costa Mesa, supported the applicant's request. There being no other speakers, the Mayor closed the public hearing. Mike Keeler responded to questions posed by Council Member Amburgey regarding the possibility of relocating the front porch. Mayor Buffa asked Mike Keeler if.he agrees with all Conditions of Approval and Mr.. Keeler responded affirmatively. MOTION A motion was made by Council Member Amburgey, seconded PA-88-156 by Vice Mayor Hornbuckle, to approve Planning Action Approved PA-88-156 and the variances outlined in staff's mem- orandum of February 15, 1989, and tandem parking as shown in the drawing attached to that memorandum; subject to all Conditions of Approval and ordinance or Code provisions; and with the findings that the evidence supporting the second electric meter indicates confusion regarding building permits for conversion of the garage; that this is a sitution which has been in existence for several years; and the proposed parking would resolve the problem of number of parking spaces required. Council Member Cenis stated that she sympathizes with the property owner but does not believe that there were sufficient reasons presented to warrant the granting of variances. NEW BUSINESS Measure "G" Imple- The City Clerk presented implementation of Measure "T , mentation/Report Report No. 7: No. 7 (a) Project Definition. (b) Existing Lot Definition. (c) Emergency Response Classification. (d) Paramedic Response Definition. The Deputy City Manager/Development Services, stated staff is requesting interpretation direction for these four areas which are presented in staff's memorandum dated February 16, 1989. 3511 Vice Mayor:Hornbuckle asked -if -there were a possibility that some types of projects could be overlooked with staff's definition of project. The Deputy replied that staff did not believe so since all projects would require building permits.. . The Deputy City Manager responded to questions posed by Council Member Genis regarding staff's interpretion of Measure "G" for processing specific types of projects and their definition.of project and/or development, and zoning under the Measure. Contrary to staff's interpretation, Council Members Genis and Hornbuckle felt rezones were intended to be included under the -Measure.. Discussion ensued regarding how a project such as one recently denied .for 10 lots at 1953-1997 Orange Avenue, Rezone Petition R-88-08, General Plan Amendment GP-88-3C, would be processed under Measure "T . MOTION/Include A motion was made by Vice Mayor Hornbuckle, seconded by Rezones Under Council Member Genis, to include rezones. in Measure "G" Project Definition under Project Definition. Council Member Amburgey stated that if Measure "G" were appliedto a Rezone Petition such as one discussed previously, it would subject staff to making judgement decisions by guessing and he could not support this action. Council Member Genis stated whenever there is an item on the agenda, staff presents their recommendations which are usually based on the worse case scenario. She did not believe it unusual to have this done for these types of analyses whenit applied to EIR's and other project reports. She felt that if a Rezone Petition such as the example used earlier could not -meet conditions of Measure "G", perhaps it should not be approved. Council,Member Glasgow said he believes Measure "G", which was initiated by the voters, should be complied with; however, he -felt it was incumbent upon the authors to make it clear so that there would not be a need for interpretation... He said words have been included within the Measure which obscure the meanings rather than clari- fying them. He supported staff's opinion. The motion carried 3-2, Council Members Amburgey and Glasgow, voting no. MOTION/Staff's A motion was made by Vice Mayor Hornbuckle, seconded by Interpretation Council Member Genis,.to.concur with staff's interpre- Approved tation-of Existing Lot Definition and Emergency Response Classification as outlined in their aforementioned mem- orandum. At the request of Council Member Amburgey, the Deputy City Manager provided clarification of staff's analysis of these items. The motion carried 4-1, Council Member Amburgey voting no. At Mayor Buffa's request, the Deputy City Manager reported on staff's analysis for the Paramedic Response Definition. Motion/Concur A motion was made by Council Member Genis, seconded by With Staff's Vice.Mayor Hornbuckle, to concur with staff's inter - Interpretation pretation for the Paramedic Response Definition. Vice Mayor Hornbuckle stated she seconded the motion because, in her opinion, the alternate of having all Paramedics, Emergency Medical Technicians (EMT-2) who trained in advanced life support, is virtually impos- sible for every first end response and because the Emergency Medical Technicians (EKT-1) are trained in basic life support, it is her belief that this was the concern,of the makers of the initiative. In response to a question posed by Council Member Amburgey," the City Manager stated that the City has a Paramedic Classification which is in addition to the Fire Fighter Classification and for which there is additional compensation. These classifications are public record and were -in place a year ago. Council Member Amburgey was amazed at the diverse interpretations by some Council members on the issues of rezones and paramedics, Mayor Buffa wanted to make sure that no one assumes that when members of Council vote in support or in opposition to any of, these recommendations, the member voting is supporting or opposing the overall impact of Measure "G", but merely interpreting it. Council Member Glasgow stated he objects to the double standard involved with the interpretations. In response to a question posed.by Council Member Genis, the City Manager reported that all truck company re- sponses are not recorded as paramedic responses. The City Attorney stated -that the primary consideration of Council is what they believe the voters intended by adopting the ordinance as written. Explanations by authors of theordinance after the election are not a proper source to turn to -when determining what Council believes the voters intended by the language used. Motion Council Member Genis withdrew her motion and Vice Mayor Withdrawn Hornbuckle withdrew -her second. At the request of Vice Mayor Hornbuckle, the City Manager.reported on the number of additional paramedics which would be required and the costs involved to meet the minimum complement of EMT-2 employees if it is Council's interpretation that EMT-2 paramedics are 'required to meet -the requirements of Measure "T . MOTION A motion was made by Council -Member Amburgey, seconded Provide Response by Mayor Buffa, contrary to_staff's recommendation, that by EMT-2 Trained the intent of Measure "G" concerning paramedic and para- Paramedics medic.response_is that this should be filled by EMT-2 paramedics. Vice Mayor Hornbuckle stated that after the City Attorneys comments regarding the intent of the voters it is her interpretation that they intended. paramedic response rather than firefighter response. Mayor Buffa concurred with this interpretation. Council Member Genis supported the motion. She stated that the triggering mechanism in Measure "G" is the approval of new development and where there is no new development there is no mandate for any action on the part of the City. 1 Mayor Buffa stated it was his understanding that there were specific sections -within the -Measure which refer to minimum.standards which must be in place now. Council Member Amburgey agreed.with this interpretation. The motion carried.5-0.- RECESS The Mayor declared.recess at 8:50 p.m. and the meeting reconvened at.9:05 p.m. Council Member Amburgey asked who would pay for the additional services if a developer's project were approved, and under.Measure "G" it was determined that a specific number of police.and/or paramedics were required. The City Manager stated it is staff's inter- pretation of the Measure that the developer would be assessed, and ultimately the purchasers of the property, for any additional impacts which Includes police and fire. This assessment would be over and above the property tax for those additional services. The cost for paramedic service -will be $1.5 million the first year and, based --on historical costs, will increase from that point on.. OLD BUSINESS R-88-07 Second reading and adoption of Ordinance 88-19, trailed Amburgey/Carich earlier in the evening, was presented. Ordinance 88-19 The -Deputy City Manager/Development Services outlined information contained in staff's memorandum dated February 16,.1989, and attachments thereto. He stated that now that Council has included zoning changes under Measure "G",-staff is recommending this item be con- tinued to a date.specific, within a 60- to 90-day period. - Mayor Buffa recommended a 30-day continuance and if it becomes necessary at the-end,of that period, an addi- tional continuance can be considered. MOTION on motion by Council Member Amburgey, seconded by Vice Second Reading of Mayor Hornbuckle,.second reading.of Ordinance 88-19, Ordinance 88-19 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Continued COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT 2233 AND 2239 FAIRVIEW ROAD.FROM Cl TO R4, was con- tinued to the meeting of March 20,: 1989. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Cenis, Glasgow NOES: COUNCIL MEMBERS:. None ABSENT: COUNCIL MEMBERS: None Vice Mayor Amburgey stated that if this rezone petition had been approved, the project would not have been allowed to proceed until it complied with Measure "T . In his opinion, since the initiative requires considera- tion of mitigation measures on maximum build -out, it will encourage developers to -build maximum allowable units instead of quality projects. He did not believe that this was the intent of the citizens who voted for the Measure. - Ron Amburgey, 2736 Cibola Avenue, Costa Mesa, asked if staff would. base; their findings for this application on maximum allowable units or his proposed plan for 18 units. The Deputy City Manager stated that staff would be required to base. their study on the maximum density and lot coverage the property could accept under the zoning. Vice Mayor Hornbuckle asked if the developer could submit his project plans along with•Council's consid- eration,of second reading for the rezone and the Deputy City Manager replied that this could be done. After discussion, Mayor Buffa.said that it would be to the developer's advantage to submit his plans for staff's consideration so that mitigation measures could be incorporated by staff based on the project plans versus simply the rezone request. Council Member.Amburgey advised the applicant to contact an attorney and said that similar measures in San Juan Capistrano and San Clemente have.been ruled unconstitu- tional. He stated that it mould appear that Measure "G" would likewise be unconstitutional inasmuch as it is requiring the property owners to.mitigate impacts for which they are not.responsible. Ron Amburgey asked if the property owner would receive a credit if it were found that the impacts of a proposed Project would create less of an impact than what the present zoning for the property. Mayor Buffa responded that this is a valid issue and is too large in scope for it to be answered this evening. The motion carried.5-0. Santa Ana Avenue Item No. 2 on the Consent Calendar was presented: Santa No. 2 Annexation Ana Avenue No. 2 Annexation for property located in the general area of Santa Ana Avenue and 20th Street. Council Member Genis.supported the annexation and recom- mended staff investigate annexation for the remainder of lots on the street instead of annexing on an individual basis. MOTION on motion by Council Member Genis, seconded by Vice Resolution 89-20 Mayor Hornbuckle, Resolution 89-20, being A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ANNEXING�TERR.ITORY DESIGNATED SANTA ANA AVENUE NO.2 ANNEXATION TO THE..CITY OF COSTA MESA WITHOUT HEARING OR ELECTION, was adopted, and staff was directed to investigate annexing the remainding lots on the street —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 SET FOR PUBLIC Item No. 4 on the Consent Calendar was presented: Set HEARING/Amendments a public hearing-to.consider an ordinance amending Title to Sign Code 5 of the;Municipal Code regarding signs. Council Member Genis stated that there was no back-up material for this item and therefore she was not comfortable with -voting on it. The Mayor requested that staff present a brief descrip- tion of what is being requested to be set for public hearing. The City Manager replied that this was an ordinance that Council directed be amended and in this type of situation ordinances are placed on the agenda to be brought back for Council consideration.. New, ordinances are normally presented to Council at a study session before presenta- tion at a Council meeting. - The Deputy City Manager/Development Services stated that this item has been a long-standing concern of both Council and the Planning Commission and relates to the -use of.variances to authorize top -story signs when the Code does not presently allow them, for example, in an industrial area. There is also a standard which applies to free-standing signs and allows a large sign for lots of a certain size, but does not allow any sign if a lot is only one foot under the requirement. This section of the Code is being amended to make it more equitable for everyone in the community. MOTION On motion by Council Member Genis, seconded by Vice Hearing Set for Mayor Hornbuckle, and carried 5-0, an ordinance amending March 6, 1989 Title 5 of the Costa Mesa Municipal Code to modify standards for ground signs, and to clarify other sec- tions of Title 5 relating to signs, was set for public hearing on March-6, 1989, at 6:30 p.m., in the Council Chambers of City Hall. Parking on Item No. 13 on the Consent Calendar was presented: Rhodes Drive Recommendation from the Transportation Commission to reinstate -parking on Rhodes Drive. Vice Mayor Hornbuckle was concerned with the wording in the resolution which removes a portion of Rhodes Drive from the street sweeping program. She believed it was the intent of the Transportation Commission to allow parking along the street but to continue the street sweeping. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 89-21 Member Amburgey, Resolution 89-21, being A RESOLUTION OF Adopted THE CITY COUNCIL OF;THE CITY OF COSTA MESA, CALIFORNIA, REINSTATING PARKING ON RHODES DRIVE, was adopted with the following wording removed from the resolution: "and removing this section of Rhodes Drive from the street sweeping program". The motion 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 The City Attorney stated that he mill provide a report REPORT/Slow to Council regarding the Superior Court action regarding Growth Initiative the slow growth initiative in San Juan Capistrano, and Report the importance of that decision on Measure "T . CITY MANAGER The City Manager presented background information REPORT/Report contained in his memorandum dated February 15, 1989, and on Condition of attachments thereto. In staff's opinion, the Veterans Facilities at Memorial Hall should not remain open as it does not meet 565 and 567 West seismic standards for public assembly and correction of 18th Street its deficiencies would require major rehabilitation. The Harbor Court/Probation Department facility is a much newer structure and staff's assessment to bring it up to current code requirements would be approximately $250,000.00. The City Manager stated if Council desires to acquire the property; staff recommends utilizing the terms pre- viously presented, and that in lieu of an agreement with the Veterans organization, staff could investigate the possibility of their using a portion of the Probation Department's building. In staff's opinion, this would be a viable short-term alternative. Staff does not recommend purchasing the property nor rehabilitating the Veterans Hall because of financial constraints. Vice Mayor Hornbuckle stated she has supported purchas- ing the -Veterans Memorial Hall in the past, but that of ter'reading staff's memoranda,'she does not feel the investment would be good fiscal policy. She believes a iocation within the City could'be provided for the veterans' use but is not in favor of the Probation Department building because of the costs involved. Council Member-Amburgey supported the purchase of these two buildings and was in favor.of demolition of the Veterans Hall for safety reasons. He felt the Veterans could be relocated ' 'to the Probation building and that it would behoove the City to purchase the property so that it could decide what type of use.would be appropriate for the land. The City Manager responded to questions posed by Council Member Amburgey regarding budget reserves and the Gann 'Limitation. Council Member Genis addressed the structural soundness of the Veterans Hall and the possibility that it might meet the requirements for State historical buildings which allows more'leeway regarding building codes. Tom Nastri, 881 Senate Street, Costa Mesa, asked if the Veterans Memorial Hall was ever dedicated to the veterans. Thurman Hodges,'Real Property Agent, County of Orange, 14 Civic Center Plaza, Santa Ana, reported that when the County entered into a management agreement with the veterans, they were to manage the building as a community hall and as such the agreement states that in addition to the veterans' use, the facility is to be utilized by all other recognized community organizations for com- munity purposes on a cost recovery basis. Dedication of the building to the veterans was never made by the County. Lucien Bisson,'774 Allegheny Avenue, Costa Mesa, felt that the Veterans Hall could be made self-supporting and stated that if the City would grant them a bingo permit they could raise the money to refurbish the hall. Sid Soffer, 9'00 Arbor Street; Costa Mesa, recommended that the City and community assist in supporting the veterans in fund-raising efforts. Mayor Buffa said.that this is a difficult situation and that the issue is not if we want to support the veterans or not, but do we want them to remain in this unsafe facility. He does not believe the present location'is good enough. Tom Borton, Vice"President, Veterans Hall Corporation, stated that if the City purchases the property they could relocate to, the Probation Department building. He suggested the possibility of the veterans utilizing the new Senior Center and recommended that veterans be Appointed to the Senior Committee if the City decides not to purchase the property. He also spoke in favor of bingo as a means for fund-raising. Carl Bureman, 447 Princeton Drive, Costa Mesa, Advisor to Council.on Veterans Activities, stated that members of his American Legion Post have met regarding the veterans" problem and have decided that if it becomes necessary for the veterans to acquire a meeting place, they would offer their facility on a temporary basis. He also offered his assistance in this matter. 357 Holroyd Watkins, 780 West 19th Street, Costa Mesa, wanted to see the Veterans Memorial Hall preserved. Council Member Genis addressed the possibility of obtain- ing funding at State or Federal Government levels for rehabilitation purposes. Sid Soffer addressed the grandfather clause and the term grandfathered. Council Member Glasgow stated that the issue before Council is if the -City wishes to purchase the property from the County. In his opinion, the City should pur- chase the property and maintain control over how it is developed. MOTION A motion was made by Council Member Glasgow, seconded by Purchase Agreement Council -Member Amburgey, to purchase the surplus County Approved property located at 565 and 567 West 18th Street, per the terms of the.purchase.agreement with the County of Orange which is attached to staff's memorandum dated February 15, 1989. A discussion ensued regarding possible uses for the pro- perty. Mayor Buffa expressed concerns.regarding funding. Council Member Amburgey supported the comments made by Council Member Glasgow and said the purchase would afford the City better control within the Redevelopment Area. He also stated that it would behoove those interested in the possibility of bingo as a means for fund-raising to write their requests to Council. Vice Mayor Hornbuckle stated that because of the finan- cial considerations which have been made very clear she cannot support this motion. She supports the veterans and the veterans organization and it is her belief that more than adequate meeting space could be obtained within the City -for -their use. Mayor Buffa stated he cannot support the. motion and felt a temporary location appropriate for the veterans' needs could be located and that the City should begin -,.planning an appropriation for the next fiscal year for an out- standing permanent facility for their use. The motion carried 3-2, Council Members Buffa-and Hornbuckle voting no. ORAL Sid Soffer, 900 Arbor Street, Costa Mesa, addressed COMMUNICATIONS Measure "G" and felt that when a document is unclear it should be invalidated. He spoke in favor of development Soffer Comments and the money it has brought into the City and thought everyone should work together in the best interests of the City. Bingo Marie Maples, 461 Swarthmore Lane, Costa Mesa, stated that the Senior Committee wrote a letter to Council in reference to bingo and never received a reply. Mayor Buffa reported that bingo has been discussed at a study session and felt that when this item comes before Council on an agenda it will be a very large issue. Vice Mayor Hornbuckle commented that if an organization desires bingo within the City, she would suggest that they submit an organizational proposal for the games which would require careful planning. 358 COUNCILMANIC Council Member Genis requested that the Development COMMENTS Services Department investigate providing property reports upon request, for an appropriate fee, to persons Reports purchasing property within the City. Policy for Council Member Glasgow reported that the agenda states, Oral Communicatons under Oral Communications, ..."This time may be extended for good cause by the Mayor, or at the request of any Council Member through the Mayor." Mayor Buffa responded that his interpretation of this policy, which is one that has been used by previous Councils, is that when a Council Member requests an extension of time through the Mayor, the Mayor will put the matter to vote and that it requires three votes in favor to obtain the extension. Council Member Glasgow was in favor of changing this policy as he does not believe -it appropriate and re- quested that this item be put on a Council agenda. Council Council Member Amburgey complimented the present Council Complimented in the manner in which they are working together in a team effort. Council Agenda Vice Mayor Hornbuckle asked when the reorganization of Reorganization the Council Agenda will come forward and the City Manager responded that it is scheduled for the March 6, 1989, agenda. ADJOURNMENT The Mayor declared the meeting adjourned at 11:05 p.m. Mayor of the Ci`YW Costa Mesa ATTEST: ity Clerk of the City of Costa esa