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HomeMy WebLinkAbout05/15/1989 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MAY 15, 1989 The City Council of the City of Costa Mesa, California, met in regular session May 15, 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 Pastor Bruce Merrifield, Harbor Trinity 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 Assistants to the City Manager Rick Pickering and Ann Gyben Transportation Services Manager John Tower City Clerk Eileen Phinney MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council May 1, 1989 Member Amburgey, and carried 5-0, the minutes of the regular meeting of May 1, 1989, were approved. 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. PROCLAMATIONS Mayor Buffa proclaimed May 14 through May 20, 1989, as "Pride in Costa Mesa Week". "Pride in Costa Mesa Week" The Mayor presented a proclamation to Elizabeth Bennett of California School in recognition of her winning the Mesa Pride second annual drawing contest held for first, second, and third grade students of Costa Mesa grade schools. Mayor Buffa presented a proclamation to Aimee Bell of Paularino School in recognition of her winning the Mesa Pride second annual essay contest held for fourth, fifth, and sixth grade students of Costa Mesa grade schools. "National Public Mayor Buffa read a proclamation declaring May 21 through Works Week" May 27, 1989, as "National Public Works Week" and pre- sented the document to a representative of the American Public Works Association (APWA), Southern California Chapter. The APWA representative then presented a plaque to the the Acting Public Services Director in appreciation of the City's support of the American Public Works Association as an agency member since 1958. PRESENTATION Tex Griffith, President of the Newport Harbor -Costa Board of Realtors Mesa Board of Realtors presented Council and staff with .4q P copies of the publication, "Guidelines for State and Local Housing Issues", published by the California Association of Realtors. ORAL Janice Davidson, 1982 Arnold Avenue, Costa Mesa, COMMUNICATIONS reported on an indecent exposure incident that recently occurred at the Rea Center property. Ms. Davidson S.O.S./Rea Center complained about the amount of foot and vehicle traffic generated by S.O.S. (Share Our Selves) clients. She urged Council to relocate S.O.S. to a nonresidential area. Certificate for Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, West Coast Cab requested clarification of Council's action on May 1, Company 1989, at which time West Coast Cab Company's Certifi- cate of Public Convenience and Necessity was suspended. The City Manager explained that the certificate was suspended until such time as the taxi company furnished proof of appropriate insurance. He reported that the required insurance certificate was received by staff the next day, May 2. Costa Mesa Dan Worthington, 2963 Mindanao Drive, Costa Mesa, stated Freeway Signs that a sign on the 405 Freeway, directly opposite the May Company, South Coast Plaza, identifies Route 55 (Costa Mesa Freeway) as the "Newport Freeway". Mayor Buffa requested the Assistant to the City Manager/Acting Public Services Director to contact CALTRANS regarding the signage. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 2, Notice of Intention to Appeal or Solicit for Charitable Purpose from United Children's Fund; Item 4, Setting a public hearing for the Triangle Square project; Item 11(b), Contract award for Bid Item 848, High Pressure Washer, Trailer Mounted; Item 11(e) Con- tract award for Traffic Signal Installation on Baker Street at Fire Station No. 2; and Item 11(f) Contract award for Measure "C" New Sidewalk Construction 1988- 1989. 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, and carried 5-0, the following Reading Folder Reading Folder items were received and processed: Claims Claims received by the City Clerk: Paul J. Barnes; Mary Krauss; Kae A. Rodriguez; and Gudrun Stutz. Alcoholic Alcoholic Beverage Licenses for which parking has Beverage been approved by the Planning staff: Yaohan U.S.A. Licenses Corporation,doing business as Daikichi Sushi, 665 Paularino Avenue; and Yaohan U.S.A. Corporation, doing business as Yaohan, 665 Paularino Avenue. SET FOR PUBLIC A motion was made by Council Member Amburgey, seconded HEARING by Council Member Glasgow, to adopt Resolution 89-139, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, is', - Abandonment of CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE Right-of-way at VACATION OF PUBLIC STREETS IN THE AREA BORDERED BY Harbor/Newport/19th HARBOR BOULEVARD, NEWPORT BOULEVARD, AND WEST 19TH STREET, setting a public hearing on June 5, 1989, at MOTION 6:30 p.m. The motion carried by the following roll Resolution 88-139 call vote: Adopted; Hearing AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Set for June 5, Amburgey, Canis, Glasgow 1989 NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Site Coverage for On motion by Council Member Amburgey, seconded by PDC Zones in the Council Member Glasgow, and carried 5-0, a public hear - Downtown Redevel- ing was set for June 5, 1989, at 6:30 p.m., to consider opment Area an ordinance amending Article 17, Chapter II, Title 13 of the Costa Mesa Municipal Code relating to site cover - MOTION age limitations in Planned Development Commercial (PDC) Hearing Set for zones located in the Downtown Redevelopment Area. June 5, 1989 Environmental Determination: Exempt. Landscaping A motion was made by Council Member Amburgey, seconded Assessment by Council Member Glasgow, to adopt Resolution 89-140, District No. 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND MOTION COLLECT ASSESSMENTS DURING FISCAL YEAR 1989-1990 WITHIN Resolution 89-140 CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT Adopted; Hearing NUMBER 1, Tracts 9901 and 12011, located south of Set for June 5, Sunflower Avenue and east of Smalley Road, setting a 1989 public hearing on June 5, 1989, at 6:30 p.m. 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 Landscaping A motion was made by Council Member Amburgey, seconded Assessment by Council Member Glasgow, to adopt Resolution 89-141, District No. 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND MOTION COLLECT ASSESSMENTS DURING FISCAL YEAR 1989-1990 WITHIN Resolution 89-141 CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT Adopted; Hearing NUMBER 2, Tract 10513, located at the northwest corner Set for June 5, of Bear Street and the Corona del Mar Freeway, setting a 1989 public hearing on June 5, 1989, at 6:30 p.m. 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 Fees for Services On motion by Council Member Amburgey, seconded by Not Covered in City Council Member Glasgow, and carried 5-0, a public hear - or State Codes ing was set for June 5, 1989, at 6:30 p.m., to consider an ordinance amending Title 2 of the Costa Mesa Munici- MOTION pal Code authorizing the City Council to set fees by Hearing Set for resolution for services not covered by either the State June 5, 1989 or Municipal Codes. ARRANT On motion by Council Member Amburgey, seconded by Council Member Glasgow, Warrant Resolution 1430, includ- MOTION/Warrant ing Payroll 8909, was approved by the following roll 1430 Approved call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 1 "30 REJECTED CLAIM On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 5-0, the claim from Dailey Eugene Dailey was rejected. ADMINISTRATIVE Staff recommended reawarding Bid Item No. 840, Photo - ACTIONS graphic Film Processor, to Royce Photo/Graphics Supply, Incorporated, 16812 Hale Avenue, Irvine, for $17,924.60. Bid Item 840 This bid was originally awarded to Photo Lab Fabrica- Photographic tions, Incorporated; however, since this company is no Film Processor longer a licensed distributor for Hope Manufacturing Company, it cannot furnish the Hope C-41 film processor. MOTION On motion by Council Member Amburgey, seconded by Reawarded to Council Member Glasgow, the contract was reawarded to Royce Photo/ Royce Photo/Graphics Supply, Incorporated, as recom- Graphics mended by staff. 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 Bid Item 850 Bids received for Bid Item No. 850, Demolition of Vari- Demolition of ous Structures on Victoria Street between Harbor Boule- Structures on vard and Canyon Road, are on file in the Clerk's office. Victoria Street On motion by Council Member Amburgey, seconded by Coun- cil Member Glasgow, the contract was awarded to American MOTION Demolition, Incorporated, 620 Poinsettia Street, Santa Awarded to Ana, for $60,000.00 to demolish 16 structures. The American motion carried by the following roll call vote: Demolition AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 851 Bids received for Bid Item No. 851, Fire Hose, are on Fire Hose file in the Clerk's office. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the con - MOTION tract was awarded to L. N. Curtis and Sons, 1800 Peralta Awarded to Street, Oakland, for $7,636.24. The motion carried by L. N. Curtis the following roll call vote: and Sons AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract 13224, Kaufman and Tract 13224 Broad of Southern California, Incorporated, developer, Kaufman and Broad 5500 East Santa Ana Canyon Road, Anaheim; 90 lots, 10.88 acres, located at 1050 West 18th Street. On motion by MOTION Council Member Amburgey, seconded by Council Member Map Approved Glasgow, the map was approved; Council did accept on behalf of the City the following easements and accesses as shown on said map: (1) The 10 -foot wide easement for storm drain purposes over Lot 17; (2) The 15 -foot wide easement for storm drain purposes over Lots 18 and 19; (3) Lots "B", "C", and "D" for storm drain and emergency vehicular access rights; (4) The 5 -foot wide easement for public utility purposes over Lots 0-92 and Lots "A" and "B"; and (5) Lot "A" for emergency vehicle purposes; Council also approved said map pursuant to the provi- sions of Section 66436(a)(3)(A) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City. The motion carried by the 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 for $197,080.00 with Kaufman and Broad of Southern Kaufman and Broad California, Incorporated, 5500 East Santa Ana Canyon Road, Anaheim, for storm drain and street improvements Public Improvements which will be constructed in conjunction with Final in Tract 13224 Tract No. 13224. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the agreement was MOTION approved, and the Mayor and Clerk were authorized to Agreement 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 the Staff recommended approval of an agreement with the City City of Santa Ana of Santa Ana for joint responsibility in the renovation of Sunflower Avenue between Bristol and Bear Streets. Sunflower Avenue The City's cost is estimated at $252,000.00. On motion Renovation 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 Approved 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 amended agreement with County of Orange the County of Orange in conjunction with the Juvenile ' Court Work Program for litter clean-up at various loca- Juvenile Court tions throughout the City. The modified agreement will Work Program increase the cost from $200.00 to $250.00 per day for a Baker Street full crew of 10 juveniles. On motion by Council Member MOTION Amburgey, seconded by Council Member Glasgow, the agree - Agreement Approved ment was approved, and the Mayor was authorized to sign MOTION on behalf of the City. The motion carried by the Agreement Approved 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 Sanita- Orange County tion Districts No. 7 and No. 14 of the County of Orange, Sanitation Dis- for improvements on Baker Street between Fairview Road tricts 7 and 14 and Bristol Street. The estimated cost for the City's portion of the improvement is $1,085,000.00 which Baker Street includes OCUTT (Orange County Unified Transportation Improvements Trust) funds of approximately $483,000.00 to be reim- bursed to the City. On motion by Council Member MOTION Amburgey, seconded by Council Member Glasgow, the agree - Agreement Approved ment was approved, and the Mayor and Clerk were author- ized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION/Ex tension of On motion by Council Member Amburgey, seconded by Disability Leave Council Member Glasgow, and carried 5-0, a request for for James Parnell a three-month extension of disability leave for James Approved Parnell was approved. BUSINESS PERMIT Item 2 on the Consent Calendar was presented: Notice of Intention to Appeal or Solicit for Charitable Purpose United Children's from United Children's Fund, 1747 Pennsylvania Avenue Fund Northwest, Suite 100, Washington, D.C., by door-to-door solicitation of donations in exchange for "Special Edition Fund Check Coupon Books", from May 16, 1989, to April 14, 1990. Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, requested information on the "coupon books". The Mayor suggested that Mr. Goldstein contact the City Manager's office to obtain the organization's local address so that his questions can be answered directly by repre- sentatives of the United Children's Fund. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Permit Approved Member Amburgey, and carried 5-0, the permit was approved with application of Municipal Code Section 9-229. Triangle Square Item 4 on the Consent Calendar was presented: Triangle Project Square project for property bordered by Newport Boule- vard, Harbor Boulevard, and West 19th Street, for commercial development of approximately 185,000 square feet for retail, theatre, and restaurant uses. Environ- mental Determination: Environmental Impact Report No. 1026 previously accepted. GP -89-1C Cenral Plan Amendment GP -89-1C, amending the Land Use Element to establish a Floor Area Ratio of 0.95, and amending the Master Plan of Highways by deleting the right -turn lane on northbound Harbor Boulevard to eastbound 19th Street, and adding right -turn lanes on southbound Newport Boulevard at Broadway and at East 17th Street. R-88-09 Rezone Petition R-88-09, to rezone from C2 to PDC. PA-89-31/RA-89-05 Planning Action PA-89-31/Redevelopment Action RA -89-05, for a Final Development Plan; a Conditional Use Permit for a deviation from the shared parking analysis; and a variance from lot coverage standards for the PDC zone. Eminent Domain- Acquisition of property by eminent domain. Parking District Disposition of the public parking lot in Vehicle Park- ing District No. 2. Measure "G" Report Measure "G" Compliance Report. Development Disposition and Development/Owner Participation Agreement Agreement with Triangle Square Associates, 33161 Camino Capistrano, Suite "A", San Juan Capistrano. Council Member Genis stated that she removed this item from the Consent Calendar because of her concerns about the General Plan Amendment and the floor area ratio. She referred to the Comprehensive General Plan Amendment which is presently underway, and stated it was her understanding that the floor area ratios, based on the traffic model, are significantly below 0.95. It was her opinion that a General Plan Amendment should not be initiated for one piece of property prior to the completion of the Comprehensive General Plan Amendment. Council Member Genis also mentioned that these items are being set for a hearing only 9 days prior to the date of the public hearing, and General Plan Amendment notices must be published and mailed at least 10 days prior to the public hearing. f65 `�j sem. f 8 4� ems, Vice Mayor Hornbuckle mentioned that a "Notice of Special Meeting" for the Joint Council/Redevelopment Agency public hearing scheduled for May 24, 1989, was given to the Council for signature. The City Clerk reported that the document was signed by each Council Member at the Study Session of May 8; a notice of public hearing was published, and notifications were mailed to all affected persons as required by law. The City Manager commented that it was not necessary to have placed these items on the Agenda; however, since the Council meetings are telecast, it was an additional means of informing the public of the special meeting. MOTION A motion was made by Council Member Glasgow, seconded by Hearing Set for Council Member Amburgey, to set a joint City Council/ May 24, 1989 Redevelopment Agency public hearing on May 24, 1989, at 6:30 p.m., to consider the items relating to the Triangle Square project. The motion carried 4-1, Coun- cil Member Genis voting no. Bid Item 848 Item 11(b) on the Consent Calendar was presented: Bid High Pressure Item 848, High Pressure Washer, Trailer Mounted. Washer, Trailer Mounted The City Manager reported that the high pressure washer will be used by the Leisure Services Department to remove graffiti from public property without having to sandblast or repaint. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Awarded to Member Genis, the contract was awarded to United Corpor- Hotline Cleaning ation of Southern California, doing business as Hotline System Cleaning System, 542 East Central Park, Anaheim, for $6,625.00. 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 Item 11(e) on the Consent Calendar was presented: Traffic Signals at Traffic Signal Installation on Baker Street 'at Fire Baker Street and Station No. 2. Fire Station No. 2 Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, requested additional information on this project. The City Manager explained that the new traffic signal will permit fire apparatus to exit the station in a safer manner by activating the red light for traffic on Baker Street. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Awarded to Metro Member Genis, the contract was awarded to Metro Electric Electric Company, 10655 Inez Street, Whittier, for $42,000.00. 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 Measure "C" New Item 11(f) on the Consent Calendar was presented: Sidewalk Construc- Measure "C" New Sidewalk Construction 1988-1989. Staff tion 1988-1989 .recommended awarding the contract to B-1 Enterprise Corporation, Post Office Box 714, Rancho Cucamonga, for $632,078.10. ,Richard Leyvas, representing Cement Masons Work Preser- vation, objected'to the contract being awarded to B-1 1 Enterprise because of unfair labor practices, under- paying employees, and submitting incomplete payroll information to entities with whom it is contracting. He suggested that Council award the contract to the second lowest bidder, Damon Construction. A communication in favor of Alternative "B" was received from Theodore E. and Maureen Rischard, 18901 East Dodge Avenue, Santa Ana, owners of property at the southwest corner of Fairview Road and Baker Street (Villa La Costa Shopping Center and the Shell Service Station). Assistant to the City Manager Rick Pickering reported that all contractors' references are investigated, and B-1 Enterprise has met City requirements. The Assistant also mentioned that wages are regulated at the State and Federal level. A motion was made by Council Member Amburgey to award the contract to B-1 Enterprise Corporation as recom- mended by staff. The motion died for lack of a second. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Held Over to Member Genis, this item was continued to June 5, 1989, June 5, 1989 to allow staff to investigate the allegations made by Mr. Leyvas. The motion carried 3-2, Council Members Buffa and Amburgey voting no. PUBLIC HEARING The Clerk announced that this was the time and place Certificate of set for the public hearing to consider suspending the Public Convenience Certificate of Public Convenience and Necessity for and Necessity for Orange Coast Yellow Cab, 17300 Mount Herrmann Street, Orange Coast Fountain Valley. Yellow Cab Gene Conley, representing Orange Coast Yellow Cab, reported that the appropriate insurance certificate had been obtained and was effective May 10, 1989. He stated that the insurance broker assured him that the document would be forwarded to the City immediately; however, he learned earlier in the day that the certificate had not been transmitted. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Amburgey, seconded Certificate by Council Member Glasgow, to suspend Yellow Cab's Suspended Certificate until it provides a certified copy of an insurance certificate which meets the approval of the Finance Director and City Attorney. Vice Mayor Hornbuckle preferred to continue this item until the next Council meeting. Mr. Conley requested a 24-hour delay to allow him time to drive to Fresno to pick up the insurance document. The motion to suspend the Certificate of Public Conveni- ence and Necessity carried 4-1, Vice Mayor Hornbuckle voting no. PUBLIC HEARING The Clerk announced that this was the time and place GP -89-1B Revised set for the public hearing to consider General Plan and Addendum No. 2 Amendment GP -89-1B Revised, to amend the Master Plan to EIR No. 1037 of Highways to upgrade 'the Fairview Road/Baker Street intersection, and Addendum No. 2 to Program Environ- mental Impact Report (EIR) No. 1037. The Affidavit of Publication is on file in the Clerk's office. A communication in favor of Alternative "B" was received from Theodore E. and Maureen Rischard, 18901 East Dodge Avenue, Santa Ana, owners of property at the southwest corner of Fairview Road and Baker Street (Villa La Costa Shopping Center and the Shell Service Station). r6 A communication was received from Richard L. Riemer, 850 North Parton Street, Santa Ana, Attorney for Theodore and Maureen Rischard, with which he forwarded a new alternative for the intersection improvement, designated "Alternative "D" for identification purposes. The following communications were received from members of Harbor Trinity Baptist Church supporting Alternative VI CII : Jean A. Kirkpatrick and Olive M. Rees, 8361 Malloy Drive, Huntington Beach; Donald and Mildred Nicholson, 2064 Republic Avenue, Costa Mesa; Marie E. Stahl, 2853 Hickory Place, Apartment "B", Costa Mesa; Richard and Betty Olson, 2538 Westminster Avenue, Costa Mesa; Ray and Dara Standiford, 2871 Anza Lane, Costa Mesa; Les and Carol Thompson, 3021 Cleveland Avenue, Costa Mesa; Bob and Patti Fenton (no address given); W. Drexel and Norma Jean Daniels, 2798 Redwing Circle, Costa Mesa; Mr. and Mrs. Connie Salios, 8211 Mainsail Drive, No. 104, Huntington Beach; Shelley Joseph (no address given); Marc and Pam Embry, 150 East 21st Street, No. 1, Costa Mesa; and C. Taggart and Marie P. Taggart, 1866 Rhodes Drive, Costa Mesa; A communication from Greg Salios, Moderator, Harbor Trinity Baptist Church, 1230 Baker Street, Costa Mesa, supported Alternative "C". A communication was received from the law offices of Harwood, Adkinson & Meindl, Post Office Box 1907, Newport Beach, representing Theresa Cagney Morrison, Executor of the estate of William J. Cagney, owner of of the Del Taco property on Baker Street east of Fairview Road, urging Council to select an alternative which does not take property lying on the southerly side of Baker Street. A letter was received from Robert Bein, William Frost & Associates, 14725 Alton Parkway, Irvine, preparers of Environmental Impact Report (EIR) No. 1037, giving reasons for preparation of an addendum to the EIR, rather than a supplement to the EIR. The Transportation Services Manager summarized his memorandum dated May 5, 1989, which discusses the back- ground, analysis, and recommendations for the project. He reported that after several meetings with affected property owners, it was apparent that a concensus would not be reached on a preferred alternative; therefore, 1 two alternatives were prepared for Council considera- tion: Alternative "B", placing major impacts on parcels in the northeast and northwest quadrants; and Alterna- tive "C", resulting in a greater impact to the southeast and southwest quadrants. The memorandum also contains preliminary cost estimates of $1,636,000.00 for Alterna- tive "B", and $1,524,400 for Alternative "C", and staff's recommendation to certify Addendum No. 2 to EIR No. 1037, to adopt General Plan Amendment GP -89-1B Revised, and to approve Alternative "C". Gary Warkentin and Kevin Thomas, of Robert Bein, William Frost & Associates, preparers of EIR No. 1037, gave a slide presentation of the proposed project and pointed out the properties affected by each of the two alterna- tives. Council Member Genis mentioned that on February 6, 1989, Council certified EIR No. 1037 but exempted that portion of the document applying to the Fairview Road/Baker Street intersection. In view of this, she questioned the preparation of an addendum to the EIR, rather than a supplement. Kevin Thomas, Robert Bein, William Frost & Associates, responded that he reviewed the California Environmental Quality Act (CEQA), and CEQA Guidelines, and made an unofficial phone call to the State Office of Planning and Research. He reported that the state office staff believed the addendum was adequate; however, they did recommend that in the resolution adopting the addendum, language should be included recertifying this portion of the Final EIR. Mr. Thomas explained that by proceed- ing in this manner, the City would be acknowledging that the portion of the EIR previously excluded, in combina- tion with the addendum, adequately addresses the project as proposed. Richard Riemer, Attorney for Mr. and Mrs. Rischard, referred to his letter dated May 15, 1989, and the new new alternative he is proposing for the intersection, designated Alternative "D". He commented that staff's estimate of acquisition costs for the Shell Service Sta- tion under Alternative "C" would be in the range of $110,000.00; however, it should be noted that this figure reflects only the value of the real property and severance damages, it does not reflect loss of business good will damages which would be payable to the fran- chise holder (the station operator) for the total loss of his business and its good will. Mr. Riemer estimated a minimum good will value of more than $227,000.00 for the station. W. Drexel Daniels, representing Harbor Trinity Baptist Church, gave a slide presentation showing the church property and future plans for growth to the year 2010. Mr. Daniels spoke in support of Alternative "C" because it would not require acquisition of church property. James Lathrop, Real Estate Representative for Exxon Corporation U.S.A., 34 Executive Park, Irvine, recom- mended a plan for the Exxon Service Station and Stater Brothers signs on Baker Street whereby one sign would be at a lower level than the other so that both signs would have equal visibility from the street. Mr. Lathrop also mentioned that staff informed him that the acquisition costs are based on a figure of $31.00 per square foot, but he contended that the cost is closer to $40.00 per square foot. .I. 7 d Bob Schmieler, 3015 Murray Lane, Costa Mesa, supported Alterntive "C", and mentioned that the landscaping at the Halecrest Tract entrance is in need of improvement. Malcolm Ross, C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, endorsed Alternative "C" as being the most equitable to all affected property owners. Don Adkinson, of Harwood, Adkinson & Meindl, attorney for Theresa Cagney Morrison, owner of the Del Taco prop- erty on Baker Street, reported that staff has assured the Del Taco representative that there will be left -turn lanes in and out of the property, and that the signage will remain. Mr.. Adkinson stated that in spite of those assurances, the property owner supports adoption of Alternative "B". Melanie Kappler, 550 Paularino, No. J-209. Costa Mesa, Children's Coordinator at Harbor Trinity Baptist Church, and Jackson Harris, 1934 Hyland Drive, member of the church, spoke in support of Alternative "C". RECESS The Mayor declared a recess at 8:35 p.m., and the meet- ing reconvened at 8:50 p.m. Clifford Rapp, 3142 Manistee Drive, Costa Mesa, Pastor Of the Orange Coast Free Methodist Church, reported that his congregation meets at Harbor Trinity Baptist Church and is the only Japanese Christian congregation in the immediate area. He urged Council to approve Alternative "C". Brooks W. Herring, representing Shell Oil Company, 511 North Brookhurst Street, Anaheim, stated that Shell Oil does not object to the general configuration of the roadway; however, he questioned the cost data, not only because some of the dollar amounts are grossly under- estimated but also because ample time has not been allowed to study the project. Mr. Herring requested that Council delay action until he has had an opportun- ity to review the proposed costs, and allow staff ample time to study Alternative "D". Mark Chi, 26 Drakes Bay, Corona del Mar, member of the Orange County Chinese Evangelical Church, reported that his congregation meets at Harbor Trinity Baptist Church, and there is presently a shortage of parking. He stated that since the church is in need of additional parking spaces, he supported Alternative "C" because it does not require taking of church property. Sid Soffer, 900 Arbor Street, Costa Mesa, was of the opinion that if traffic signals were coordinated, widen- ing of the intersection would not be required. Ted Rischard, co-owner of the Villa La Costa Shopping Center and Shell Service Station properties, was in favor of Alternative "B"; however, he requested that Council continue the public hearing until Alternative "D" could be reviewed. Bruce Merrifield, Pastor of Harbor Trinity Baptist Church, stated that if the church loses any of its parking area, it will severely curtail its operations. He mentioned that there were two times in the past when the church has given property for public improvements, and stated that if this continues, the church cannot be operated effectively. Maureen Rischard, co-owner of the Villa La Costa Center and Shell Service Station properties, stated that if Alternative "C" were adopted, it would force the service station out of business, and this could be costly to the City. She offered to allow church members to use the Villa La Costa parking lot on Sundays and in the evenings. Mrs. Rischard asserted that Alternative "D" would have the least impact on affected properties. Greg Salios, Moderator at Harbor Trinity Baptist Church, spoke in support of Alternative "C", stating that it was the most equitable to all affected owners. Considerable discussion ensued concerning Alternative "D"; and staff answered Council's questions regarding deletion of bike lanes and funding for the project. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Held Over to Council Member Amburgey, to continue the public hearing June 5, 1989 to June 5, 1989, so that staff could have the opportun- ity to study Alternative "D". Discussion followed concerning environmental documenta- tion if Alternative "D"were deemed workable. AMENDED MOTION Staff Directed to Vice Mayor Hornbuckle amended her motion by adding a Prepare Appropriate direction to staff to prepare appropriate environmental Environmental documentation for Alternative "D". The amended motion Documentation was seconded by Council Member Amburgey, and carried 5-0. OLD BUSINESS The Clerk presented for second reading and adoption, Ordinance 88-19, AN ORDINANCE OF THE CITY COUNCIL OF THE R-88-07 CITY OF COSTA MESA, CALIFORNIA CHANGING THE ZONING AT Amburgey/Carich 2233 AND 2239 FAIRVIEW ROAD FROM Cl TO R4, in connection with Rezone Petition R-88-07, for Amburgey/Carich. Ordinance 88-19 Pon Amburgey, 2736 Cibola Avenue, Costa Mesa, applicant for the rezone, commented that this rezone has been held over several times and wanted to know how many times an item can be continued. The Deputy City Manager/Development Services responded that there is no limit on the number of times an item can be continued as long as specific dates are desig- nated. During discussion, the Deputy City Manager explained that the Planning staff has been working on quantifying police and fire service impacts, and developing a program to mitigate any impacts associated with new development because of the requirement that all projects must be found to comply with Measure "G" standards. Council Member Amburgey mentioned that in addition to developing a program, the City is expecting a Superior Court decision regarding the legality of Measure "G". MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Held Over to Member Glasgow, and carried 5-0, this item was continued June 5, 1989 to the meeting of June 5, 1989. Establishing Fees On motion by Vice,Mayor Hornbuckle, seconded by Council for Dog Licenses Member Amburgey, Ordinance 89-12, AN ORDINANCE OF THE by Resolution CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 6 OF THE MUNICIPAL CODE TO INCLUDE A MOTION PROVISION FOR ESTABLISHING FEES FOR DOG LICENSES BY CITY Ordinance 89-12 COUNCIL RESOLUTION, was given second reading and adopted Adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Substitute Wording The Clerk presented Resolution 89-138, regarding police for "Photocopy" in services users fees, adopted at the Council meeting of Resolution 89-138 May 1, 1989, with a request to substitute wording for "photocopy" so that the resolution adequately reflects MOTION that procedure. Staff substituted the words, "Records New Wording research and duplication fee". On motion by Vice Mayor Approved Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the substitute wording was approved. Time for On motion by Council Member Amburgey, seconded by Vice Presentation Mayor Hornbuckle, Ordinance 89-13, AN ORDINANCE OF THE of Claims CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 2-185.2 OF THE COSTA MESA MUNICIPAL MOTION CODE REGARDING TIME FOR PRESENTATION OF CLAIMS, was Ordinance 89-13 given second reading and adopted by the following roll Adopted call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Narcotic The Clerk presented Ordinance 89-14 for second reading Forfeiture Fund and adoption: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 14 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE NARCOTIC FORFEITURE FUND. Responding to Vice Mayor Hornbuckle's questions, the City Manager confirmed that this ordinance would estab- lish that money deposited into the Narcotic Forfeiture Fund would be disbursed in the same manner as other City funds. As to a budget for these funds, the City Manager stated that after discussion with Police Department staff, a suggestion was made to prepare an outline or preliminary budget because of the difficulty in pre- dicting the amount of revenues which will be received. Council Member Amburgey suggested an amendment to Page 2 of the Ordinance, in Section 14.71, first paragraph, changing the second sentence to read: "Such funds shall be used exclusively to support law enforcement and prosecutorial efforts affecting narcotics related issues. The City Attorney advised that if the wording were changed, it would be necessary to give first reading to the amended ordinance. MOTION A motion was made by Council Member Amburgey, seconded Ordinance 89-14 by Council Member Glasgow, to refer Ordinance 89-14 back Referred to the to the City Attorney to add words to the effect that City Attorney forfeiture funds shall be used in narcotics related for Amendment activities, not necessarily for narcotics enforcement, but for such activities as drug education, etc. Vice Mayor Hornbuckle agreed that the funds should be used for narcotics related activities; however, she preferred having that stipulation contained in a Council Policy, rather than in the ordinance. Her reason for this recommendation was that if an emergency arose and those funds were needed for some other law enforcement activity, Council would be required to go through the process of changing the ordinance before the funds could be used. 7 Mayor Buffa opposed the motion because he did not feel compelled to be over -restrictive with the Police Depart- ment. epartment. He preferred allowing the Police Chief to make the decision on the use of the funds. The motion to refer Ordinance 89-14 back to the City Attorney carried 3-2, Council Members Buffa and Hornbuckle voting no. Funds for the The Clerk presented from the meeting of May 1, 1989, a Sister Cities request for a promotion and advertising grant from Costa Festival 189 Mesa Sister Cities, for its Sumner Festival 189. Withdrawn At the recommendation of staff, this item was withdrawn and will be resubmitted on a future agenda. Funds for The Clerk presented a request from the Human Relations Mini -festivals Committee for funding of 11 additional Cultural Arts Mini -festivals. Assistant to the City Manager Ann Gyben summarized her memorandum dated May 11, 1989, reporting that at the Council meeting of March 6, 1989, authorization was given to fund one major festival on September 23, 1989, at Lions Park, as well as one mini -festival. She stated that Council specified at that time that they would assess the feasibility of funding additional mini - festivals based on the success of the first festival which was held on April 16 at Rea Center. A portion of a video recording of the April 16 mini - festival was shown. Jonathan Schiesel, Chairman of the Human Relations Committee, was in favor of continuing the mini -festivals as a forum for people frcm different backgrounds and with different political and social opinions, to gather together in a positive way to have a good time. A motion was made by Vice Mayor Hornbuckle to approve funding for 11 additional mini -festivals, at a maximum cost of $7,400.00 for one major festival and 12 mini - festivals. The motion died for lack of a second. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of funding additional mini -festivals. MOTION After discussion, a motion was made by Council Member Funding Delayed Amburgey, seconded by Council Member Glasgow, to delay Until After funding for additional mini -festivals until after the Major Festival major festival has been held in September. The motion is Held carried 4-1, Vice Mayor Hornbuckle voting no. NEW BUSINESS The Clerk presented a request from staff to increase fees at the Costa Mesa Golf and Country Club. Increase of Golf Course Green Fees Assistant to the City Manager Ann Gyben referenced the City Manager's memorandum dated May 11, 1989, reporting that the Leisure Services Director recommended an increase in the golf course green fees effective June 1, 1989, based on fees charged at other municipal courses and the Vertex Cost Study. The recommended increases are as follows: Increase week day fees from $10.00 to $12.00; Retain the $15.00 weekend rate; Increase the "late" rate frcm $8.00 to $9.00; Increase the nine -hole rate from $6.00 to $7:00; and Increase the seniors rate from $5.00 to $6.00. MOTION Approved Fee Increases RECESS CITY ATTORNEY REPORT Soliciting from Public Streets Sid Soffer, 900 Arbor Street, Costa Mesa, made several comments about golf course fees. A motion was made by Council Member Amburgey, seconded by Council Member Genis, to increase the golf course fees as recommended in the City Manager's memorandum of May 11, 1989. Mayor Buffa opposed the motion because of the fact that the golf course is almost self-supporting. Council Member Amburgey stated that the golf course is not entirely self-supporting; therefore, the increase is necessary. The motion carried 4-1, Mayor Buffa voting no. The Mayor declared a recess at 10:40 p.m., and the meet- ing eeting reconvened at 10:50 p.m. The City Attorney presented from the meeting of May 1, 1989, an amendment to Ordinance 88-21, prohibiting solicitation of employment, business, or contributions from public streets. He reported that at the meeting of April 17, 1989, a revision was presented to Council; However, the amendment was not adopted. The City Attorney stated that the new amendment was based on comments made at the April 17 meeting, and input from Council Members since that time. He explained that the new revision expands the types of activities which I ould be in violation of the ordinance. Vice Mayor Hornbuckle commented that this amendment is I xtremely different from the amendment presented at the April 17 meeting; therefore, she suggested referring the ordinance to a Study Session for discussion. Council Member Genis was concerned about the constitu- tionality of the amendment because it includes private property as an area of enforcement. The City Attorney responded that the revision is in a form which he feels would hold up to a court challenge. Sid Soffer, 900 Arbor Street, Costa Mesa, disagreed with I ortions of the amendment. Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, questioned the enforceability of the ordinance. Dave Wheeler, no address given, asserted that the ordi- nance merely addresses status, a person with intent, which cannot be proved. He stated that an illegal act, 'such as solicitation, must be involved. Mr. Wheeler contended that the inclusion of solicitation on private property is unconstitutional. Frank Cole, 2482 Fairview Way, Costa Mesa, asked for clarification of the action being considered. Mayor Buffa responded that Council will either give first reading to the proposed ordinance, reject the amendment, or make additional revisions. MOTION A motion was made by Council Member Glasgow, seconded by Referred to Study Vice Mayor Hornbuckle, to refer this item to a Study Session !Session for further discussion. Council Member Amburgey commented that the ordinance addresses the problem rather than the cause. r Mayor Buffa opposed the motion because he believed the issue has been delayed far too long. Council Member Genis supported the motion; however, she stated that this should not be taken as an indication that she supports the proposed amendment. The motion to refer this item to a Study Session carried 3-2, Council Members Buffa and Amburgey voting no. CITY MANAGER The City Manager presented a Transient Occupancy Tax REPORT (TOT)/service fee proposal, and referenced his memoran- dum of May 11, 1989, which details the program. Transient Occupancy Tax The City Manager reported that this proposal resulted (TOT)/Service from a request from Council that alternative means be Fee investigated to provide an independent, stable funding source, including participation by the private sector, for Cultural Arts activities within the City. He referenced some of the issues to be considered should Council decide to pursue this program. He stated that his intention was merely to obtain an indication from Council as to whether or not this concept is one with which they wish to proceed. Council Member Genis stated that she would not support converting the entire Transient Occupancy Tax (TOT) to a service fee. The City Manager commented that it was premature to discuss the percentage of conversion at this time. Council Member Glasgow supported conversion of the entire TOT to the service fee fund to use for Cultural Arts activities which would benefit visitors to the City. He supported placing limitations on how these funds could be spent. Council Member Glasgow suggested representation from Council, the hotel/motel industry, and citizens of the community on the nonprofit corpora- tion board of directors, and recommended that each Council Member appoint a member to the committee. 'He was in favor of having the Cultural Arts Committee continue to make recommendations for funding of cultural arts programs. Council Member Amburgey supported complete conversion of the TOT to a service fee, and identifying each and every use of these funds. He favored using the funds to promote the City of Costa Mesa and the arts, with a direct benefit to the hotel/motel community. Council Member Amburgey supported having each Council Member appoint a committee member to serve a specified term of office. Council Member Genis stated that since Council is considering making this a private foundation, and the money is being contributed'by private enterprise, it may be well for government to step aside and allow private enterprise to proceed with the program. Ed Fawcett, General Manager of the Country Side Inn, 325 Bristol Street, Costa Mesa, and Chairman of the Lodging and Hospitality Committee for the Chamber of Commerce, stated that the committee supports conversion of the Transient Occupancy Tax (TOT) to a service fee, and creation of a nonprofit foundation to oversee expendi- ture of those fees. Mr. Fawcett mentioned that he and a number of the hotel/motel general managers want to participate in the creation of the foundation and its guidelines. He reported that the committee opposes any increase in the TOT/service fee because the members believe the current rate of six percent is more than adequate for the proposed program. Vice Mayor Hornbuckle was hesitant in giving the entire TOT to a nonprofit foundation because the tax for the current fiscal year has been projected to be -as high as $2.1 million. The Vice Mayor mentioned that she would not be opposed to having each Council Member appoint a member to the committee. She opposed raising the TOT even if it were converted to a service fee. It was the Vice Mayor's opinion that the Cultural Arts Committee could continue to participate in this process, possibly reporting to the nonprofit foundation rather than to the City Council. The Vice Mayor requested that a specific time limit be placed on this process so that Council can review it and make a decision. MOTION A motion was made by Council Member Amburgey, seconded Directed Staff to by Council Member Glasgow, directing staff to prepare an Prepare Ordinance ordinance modifying the current Transient Occupancy Tax I(TOT) to a service fee pursuant to the provisions of the California Government Code. Council Member Genis opposed the motion since she felt the City should retain a portion of the funds. The City Manager explained that this is merely an enabling ordinance, and the percentage of conversion would be addressed in a Council resolution. The motion carried 4-1, Council Member Genis voting no. MOTION On motion by Council Member Amburgey, seconded by Coun- Directed Staff to cil Member Glasgow, and carried 5-0, the City Attorney Initiate Articles was directed to initiate Articles of Incorporation for of Incorporation a nonprofit foundation to oversee and recommend the expenditure of the service fee. MOTION A motion was made by Council Member Amburgey, seconded Council Shall by Council Member Glasgow, to provide direction regard - Provide Direction king the establishment of a committee to assist in to Establish a developing specific goals and objectives, and making Committee recommendations regarding the structure of the nonprofit !foundation and the expenditure of the service fee, stipulating that each Council Member shall appoint a resident of the City of Costa Mesa to serve on that committee. Mayor Buffa was opposed to having each Council Member ,appoint a committee member, and was of the opinion that -the majority of the committee members should come from the hotel/motel community. The motion carried 3-2, Council Members Buffa and Hornbuckle voting no. Closed Session The City Manager requested a closed session at the end Requested sof regular business to discuss personnel matters. COUNCIL MEMBERS (Council Member Genis suggested that the City's public COMMENTS works contracts specify that contractors will abide by ,all applicable State and Federal laws, and agree to City Contracts maintain a drug-free work place. Vice Mayor Hornbuckle mentioned that there is presently a Federal Form I-9 which must be filled out by all employers and kept on file, showing that their employees are eligible to legally work in this country. Contest Winners Council Member Genis commended Elizabeth Bennett and Commended Aimee Bell who were recognized at the beginning of the meeting for winning the art and essay contests; however, she wished to disassociate herself with portions of the proclamations. Senior Citizens Council Member Glasgow indicated that he will be placing Committee on a future Agenda, a request to appoint a new member to the Senior Citizens Committee to fill a vacancy created by a recent resignation. Child Care Vice Mayor Hornbuckle reported on the Child Care Conference Conference which she attended last Friday afternoon and Saturday morning in Anaheim, sponsored by the U.S. Department of Labor, the City of Costa Mesa, and the City of Anaheim. She stated that approximately 100 companies and several governmental agencies were repre- sented. The Vice Mayor felt it was an excellent work- shop on public and private partnerships in providing child care for the work force. She mentioned that members of the Child Care Committee also attended the workshop, thanks to Council's support. ADJOURNMENT TO At 12:10 a.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room to Personnel Matters discuss personnel matters. No action was taken. ADJOURNMENT The Mayor declared the meeting adjourned at 12:20 a.m. Mayor of the Cit Costa Mesa ATTEST: (5) City Clerk of the City of Costa Me s