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HomeMy WebLinkAbout06/05/1989 - City Councilf' - C REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 5, 1989 The City Council of the City of Costa Mesa, California, met in regular session June 5, 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 Reverend Linda Gross, Newport Mesa Christian Church. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra C-enis Council Member Edward Glasgow Council Members Absent: Officials Present: None City Manager Allan Roeder City Attorney Thomas Wood Deputy City Manager/Develop- ment Services Donald Lamm Assistant to the City Manager Rick Pickering Transportation Services Manager John Lower City Clerk Eileen Phinney MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council May 15, 1989 Member Glasgow, and carried 5-0, the minutes of the regular meeting of May 15, 1989, were approved as distributed. ORDINANCES A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, and carried 5-0, to read all ordinances by title only. PROCLAMATIONS Mayor Buffa proclaimed June 4 through June 10, 1989, as "Sonora Elementary School Week". Sonora Elementary The Mayor presented the proclamation to Sonora Element- School lementSchool Week ary School in recognition of their improvement in reading and mathematics on the California Assessment Program tests. The proclamation was accepted on behalf of the school by Lillian Glasgow, second grade teacher, Carol Smith, first grade teacher, and Joanne Johnson, kindergarten teacher. Little League Mayor Buffa proclaimed June 12 through June 16, 1989, as Baseball Week "Little League Baseball Week". The Mayor presented a proclamation to Little League Baseball in recognition of its 50th anniversary, and congratulated players and coaches for a job well done. Welcomed Hermandad The Mayor recognized students from the English Today Mexican Nacional Institute, who are from Mexico, and are attending the Council meeting to watch the process of local govern- ment. The Mayor expressed his appreciation for their attendance and welcomed them heartily. Orange County The Mayor introduced Police Chief Dave Snowden, who Remote Access introduced the recipients of special commendations in Network Local police work relating to the Cal ID program. This pro - Board Commen- gram involves matching fingerprints from one huge bank dations in Sacramento. The following people were commended as i� 1 S9 a result of their hard work using this network, and successfully establishing evidence to bring criminals to trial: Carol Love, Craig Rozean, Robert Ciscek, Michael Howard, William Redmond, Michael Ginther, Kevin Gleason, and Richard Allum. ORAL Michael W. Szkaradek, 1555 Mesa Verde Drive East, Costa COMMUNICATIONS Mesa, reported that several weeks ago, he made a public records request for information on an individual in Public Records reference to his application with the City. He stated Information that he has received some information, but believes there is more available. Mayor Buffa suggested Mr. Szkaradek contact the City Attorney for the information he is seeking. Sunday Daily Richard Goldstein, 1981 Wallace, Costa Mesa, referenced Pilot Editorial an editorial in the Sunday issue of the Lily Pilot concerning the neighborhood festivals. He stated his discontent with the writer of the editorial and felt it was the City's duty to have this person removed from the Human Relations committee. Rea Center/SOS Janice Davidson, 1982 Arnold Avenue, Costa Mesa, sub - and Soup Kitchen mitted a petition with 838 signatures demanding that the City Council take affirmative action to relocate SOS and the kitchen facilities of the soup kitchen at the Rea Center to a nonresidential area, and that the City Council cancel their lease on or before July 14, 1989. Harbor Bob Miller, 1906 Harbor Boulevard, Costa Mesa, stated Boulevard his appreciation to the City for their efforts on the Harbor Boulevard improvements. Gangs and John Feeney, 1154 Dorset Lane, Costa Mesa, expressed his Graffiti concern over gang graffiti and gangs and asked if the City was going to allow gang activity in Costa Mesa® Mayor Buffa responded that the City is presently working on a program regarding gang activity, and this City as well as other cities, is trying to solve this problem. Council Member Amburgey stated he would like to see the City take an active role in eliminating gang activity, be less passive, and not allow gangs to remain within the City limit. Sid Soffer, 900 Arbor Street, Costa Mesa, stated gangs were like a cancer and had to be stopped. His sugges- tion was to keep graffiti cleaned up. REA Center/SOS Pat Dolan, 923 West 20th Street, Costa Mesa, in refer - and Soup Kitchen ence to the SOS Soup Kitchen, reported an incident regarding a person injecting drugs in his leg at Canyon . Park and another incident of a stabbing at SOS. Mr. Dolan further stated that this type of detriment is only on the west side and questioned why Council does not have the courage to change the SOS situation. Mr. Dolan requested that the City Council be true to their oath and remove this blight from the City. Stan Schuda, Palua Place, Costa Mesa, stated that due to transients and a recent stabbing, he now has police chaperone him to rental units he owns across from Rea Center. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 3, Initial Study and Negative Declara- tion for the proposed demolition of Veterans Memorial so Hall; Item 7(a), Improvement of the Fairview Road Slope; Item 7(b), Rea Community Center Parking Lot Maintenance and Landscaping; Item 8, Final Map for Tract No. 13832; Item 13, Resolution amending the Retirement Plan for Safety Employees;.Item 17, Agreement with the Orange County Fair Board for parking lot security. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Canis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following Reading Reading Folder Folder items were received and processed: Claims Claims received by the City Clerk: Kathleen M. and Harold J. Baerg; Masood Mirza; Alis J. Minor; and William S. Peterson. Alcoholic Alcoholic Beverage License application for which Beverage parking has been approved by the Planning staff: License Chil Koo Lee, doing business at 3303 Harbor Boulevard, Unit K-9. Public Notice from Southern California Gas Company that it Utilities has filed Application No. 89-05-011 with the Public Commission Utilities Commission, requesting an increase in authorized rate of return on its investment in utility facilities to 11.5 percent. Notice from Southern California Edison Company that it has filed an application with the Public Utilities Commission, requesting an increase in authorized rate of return on common equity from 13 to 13.75 percent, and to maintain its adopted capital structure. SET FOR PUBLIC HEARING/Revenue A motion was made by Council Member Amburgey, seconded Sharing Funds by Vice Mayor Hornbuckle, and carried 5-0, setting a public hearing on June 19, 1989, at 6:30 p.m., in the MOTION Council Chambers of City Hall, to consider allocation of Hearing Set June 19 Federal Revenue Sharing Funds. WARRANTS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Warrant Resolutions 1431 and 1432, MOTION including Payrolls 8910 and 8911, were approved by the Warrants 1431 and following roll call vote: 1432 Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Arthur Aaron Daniel Aarons was rejected. Simonelli On motion by Council Member Amburgey, seconded by.Vice Mayor Hornbuckle, and carried 5-0, the claim from - Beverly A. Simonelli was rejected. ADMINISTRATIVE ACTIONS Street improvements for Tract No. 13317 have been completed by 2214 Canyon Ventures, 5562 Buckingham Completion of Drive, Huntington Beach, for property at 2208-2214 Street Improvements Canyon Drive, to the satisfaction of the Public Tract 13317 Services staff. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the improvements were MOTION accepted and the bonds were ordered exonerated. The Work Accepted motion carried with the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "D" Staff recommended approval of Change Order "D" for Robert Bein, William $10,300.00 to the contract with Robert Bein, William Frost Frost and Associates, 14725 Alton Parkway, Irvine, for the North Costa Mesa Arterial Improvement Study and North Costa Mesa Environmental Impact Report. The change order is Arterial Improve- required for developing additional alternatives and ment Study preparing addenda to the E.I.R. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the MOTION change order was approved by the following roll call Change Order vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Refund for Country Staff recommended approval to refund overpayment of Side Inn Transient Occupancy Tax by the Country Side Inn, 325 Bristol Street, Costa Mesa, in the amount of $30,002.03. MOTION On motion by Council Member Amburgey, seconded by Vice Refund Mayor Hornbuckle, the refund was approved by the follow - Authorized ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION/Gray A motion was made by Council Member Amburgey, seconded Appointed to Senior by Vice Mayor Hornbuckle, to appoint Virginia Gray to Citizens Committee the Senior Citizens Committee. The motion carried 5-0. Law Enforcement/ On motion by Council Member Amburgey, seconded by Vice Public Works Mayor Hornbuckle, Resolution 89-147, A RESOLUTION OF Radio System THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE ORANGE COUNTY COORDIN- MOTION ATED 800 MHz UHF LAW ENFORCEMENT AND PUBLIC WORKS RADIO Resolution 89-147 COMMUNICATIONS SYSTEM, was adopted by the following roll Adopted call vote:. AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Canis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Appropriations On motion by Council Member Amburgey, seconded by Vice Limit 1989-90 Mayor Hornbuckle, Resolution 89-148, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE Resolution 89-148 FISCAL YEAR OF 1989-90, IN ACCORDANCE WITH ARTICLE Adopted XIII -B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgery, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Amendment to Staff recommended approval of an amendment to the bylaws Senior Citizens of the Costa Mesa Senior Citizens Corporation. The Corporation Bylaws changes would be to increase its Board membership from 7 to 11, and to reflect the current practice of reserv- ing one seat on the Board for the Chair of the Senior Citizens Advisory Committee. 50)2-1 MOTION On motion by Council Member Amburgey, seconded by Vice Approved Mayor Hornbuckle, the amendment to the bylaws was Amendment approved by the following,roll vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Veterans Hall Item 3 on the Consent Calendar was presented: Set a Initial Study and public hearing for the Initial Study and Negative Declaration Declaration for the proposed demolition of Veterans Memorial Hall at 565 West 18th Street. The City proposes to pave the site for parking. Council Member Genis stated that since the Veterans Hall was built by the WPA, is over 50 years old, and is an integral part of the community, a negative declaration would not be appropriate in this case and she would like to see a limited environmental documentation as to. why it is important to demolish the Hall rather than letting it remain. MOTION On motion by Council Member Amburgey, seconded by Hearing Set for Council Member Glasgow, and carried 4-1, Council Member June 19, 1989 Genis voting no, this item was set for public hearing on June 19, 1989, at 6:30 p.m. Improvement of Item 7(a) of the Consent Calendar was presented: Award Fairview Road of contract for Improvement of the Fairview Road Slope. Slope Council Member Genis stated that she removed this item from the Consent Calendar because she would like to see future City contracts stipulate that the contractor will maintain a drug-free work place consistent with Federal regulations. It was her opinion that if the City were going to face the problem of substance abuse, the City should not pay someone who is not willing to make the commitment. Responding to Mayor Buffa, The City Attorney stated that the subject of the City's authority in this mattter would best be handled by a report from his office to Council. MOTION Vice Mayor Hornbuckle made a motion to have the memo from Drug-free Work Council Member Genis regarding substance abuse referred Place Referred to to a study session. The motion was seconded by Council Study Session Member Glasgow, and carried 5-0. Council Member Genis stated that projects which are federally funded are now required to follow the sub- stance abuse program. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Awarded to Ryco Member Glasgow, the contract for the Improvement of the Construction Fairview Road Slope was awarded to Ryco Construction Company, Incorporated, Post Office Box 327, Gardena, for $60,170.00. 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 Council Member Genis requested that staff contact the contractor to see if a substance abuse program could be included in the contract. She requested information from the City Attorney regarding the legality of includ- ing this subject in contracts. 503 Rea Community Item 7(b) on the Consent Calendar was presented: Award Center Parking Lot of a contract for the Rea Community Center Parking Lot Maintenance and Maintenance and Landscaping. Landscaping Richard Goldstein, 1981 Wallace, Costa Mesa, inquired as to why the City is paying for Rea Community maintenance if the property is owned by Newport -Mesa Unified School District. Further discussion disclosed that the City is on a ten- year lease that renews yearly with a one-year cancel- lation notice; the City uses Rea Center extensively for various programs, and the School District does pay half on roofing repairs, and part of other improvements, as well as part of the utility repairs. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the money should be used to improve streets rather than a parking lot that doesn't belong to the City. Pat Dolan, 923 West 20th Street, Costa Mesa, stated this would not solve the problems occurring at the Center and hoped the Council does not use this as a reason for the parking lot improvement. City Manager Allan Roeder stated that the improvements were a recommendation from the Rea Task Force. Most of these are for the youth activities programs being held at Rea, such as the basketball courts, the field area being landscaped, and various other improvements to benefit other programs. MOTION On motion by Council Member Amburgey, seconded by Vice Awarded to Ryco Mayor Hornbuckle, the contract for the Rea Community Construction Center Parking Lot Maintenance and Landscaping was .awarded to Ryco Construction Company, Incorporated, Post Office Box 327, Gardena, for $72,727.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: Glasgow ABSENT: COUNCIL MEMBERS: None Final Map for Item 8 on the Consent Calendar was presented: Final Map Tract No. 13832 for Tract No. 13832, James Kaviani, developer, Post Kaviani Office Box 1523, Costa Mesa; one lot, 0.46 -acre, located at 2563 Orange Avenue, for condominium purposes. This WITHDRAWN item was withdrawn as requested by the City Manager. Safety Employees Item 13 on the Consent Calendar was presented: Resolu- Retirement Plan tion amending the Retirement Plan for Safety Employees of the City of Costa Mesa. Council Members Amburgey and Glasgow both stated they would be abstaining from voting as they are retirement plan members. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 89-149 Member Genis, Resolution 89-149, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE RETIREMENT PLAN FOR SAFETY EMPLOYEES OF THE CITY OF COSTA MESA, was adopted by the following roll call vote; AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINING: COUNCIL MEMBERS: Amburgey, Glasgow Orange County Item 17 on the Consent Calendar was presented: Agree - Fair Board ment with the Orange County Fair Board for parking lot Agreement security during Pacific Amphitheatre Concerts. Council Member Genis expressed her concern about events at the Fairgrounds as the City no longer tracks them and the City no longer has a representative at the Fair Board hearings. She requested that this subject be returned to a study session and possibly ask other departments in the City what their views may be on working with the Fairgrounds. Mayor Buffa stated the City has not had a representative for quite a while, but the City is represented through yeoman services by Mr. and Mrs. John Feeney, and also by the City's Fair Board Liaison Committee. The Mayor reported that there is a Resolution submitted by Mr. Feeney through the California Republican Assembly, requiring any Fair Board that is located within a city's limit to have a representative of the city appointed to that Fair Board; and should this legislation pass, it would give the City a greater involvement in the events that transpire at the Fair Grounds. The City Manager in response to John Feeney, stated the reason this was before Council at this time is a change in the legal opinion as to whether the police chief has the authority to sign such agreements, or should they come before Council. John Feeney, 1154 Dorset Lane, Costa Mesa, expressed his dissatisfaction with the Fair Grounds and in response to Council Member Amburgey, stated the proposed Resolution was passed through the California Republican Assembly. Assemblyman Frizzelle has indicated interest in carrying the bill if it included that.if the Fair Grounds were not located in a city, that a supervisor from that district would be appointed to the Fair Board. MOTION A motion was made by Council Member Amburgey, seconded Agreement by Vice Mayor Hornbuckle, to approve the contract and Approved authorize the Chief of Police to sign on behalf of the City. Council Member Genis stated she would be opposing the motion because she is not pleased with events going on at the Fair Grounds and feels the City is limited in staff to cover the Fair Grounds. Mayor Buffa stated he would be approving the motion as the surrounding community needs the protection and our presence is needed there. Council Member Amburgey mentioned that the agreement is at the request of the City. The City is anxious to have the police officers there to protect our citizens that live in the surrounding areas and the Amphitheatre is paying the City Police Officers on.an overtime basis, so it does not take away from staff as these officers are working on an overtime basis. Council Member Glasgow stated he would be opposing the motion since in prior years, the Police Department did not want to be involved with the Amphitheatre because it was unpopular with the community and they did not want to be identified with it. Mayor Buffa restated Vice Mayor Hornbuckle's suggestion to discuss this item at a study session. 1 L The motion to approve the contract carried by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey NOES: COUNCIL MEMBERS: Genis, Glasgow ABSENT: COUNCIL MEMBERS: None Safety Employees Sid Soffer, 900 Arbor Street, Costa Mesa, stated that Benefits he hoped any and all benefits that will be going to the Safety Employees would be retroactive. Veterans Hall Donald Bryson, 2775 Mesa Verde East, Costa Mesa, asked about the future plans for Veterans Hall. Mayor Buffa stated that the City has purchased the site and plans to tear down Veterans Hall and upgrade the Probation Facility as a home for the Veterans Organization. PUBLIC HEARING The Clerk announced the public hearing, continued from GP -89-1B Revised, the meeting of May 15, 1989, for General Plan Amendment Addendum No. 2 GP -89-1B (Revised), to amend the Master Plan of Highways to EIR No. 1037, to upgrade the Fairview Road/Baker Street intersection, Select Concept and Addendum No. 2 (Revised) to Program Environmental Plan Impact Report (EIR) No. 1037. A communication was received from Richard L. Riemer, 850 North Parton Street, Santa Ana, Attorney for Theodore and Maureen Rischard, setting forth additional comments and asking questions regarding his proposal, labeled "Alternative D" for identification purposes. The Transportation Services Manager summarized his memorandum dated May 26,. 1989, which discusses back- ground, analysis, and recommendations for the project. Gary Warkentin and Kevin Thomas, of Robert Bein, William Frost & Associates, preparers of EIR No. 1037, gave a slide presentation of the proposed projects and reviewed the Alternatives. Kevin Thomas, of Robert Bein, William Frost and Associ- ates gave a brief summary of the Alternatives. City Transportation Manager John Lower, in response to Council Member Genis, stated bicycle use in the area comes from two private schools, a library, and Costa Mesa High School; a survey done from 3:00 to 3:25 p.m., counted 19 bicycles traveling Baker Street and he stated that businesses along this section had bike racks. Discussion followed concerning bicycle lanes. Sid Soffer, 900 Arbor Street, Costa Mesa, stated he believed involved property owners were given choices, they did not give views, and asked if the traffic lights were going to be synchronized. Kevin Shannon, 2541 Greenbriar, Costa Mesa, spoke in favor of retaining bike lanes and stated this would be an appropriate time to use eminent domain to take the land and.retain the bike lanes. Drexel Daniels, 2798 Red Wing Circle, Costa Mesa, stated that Plan "D" would eliminate six trees from the Harbor Trinity site. In reference to the bike lanes, Mr. Daniels understood that staff looked at alternative bike lanes that go around the intersection which would not involve a lot of time or distance, and would solve the safety problems. 4�T t: .9: Richard L. Riemer, Attorney for Mr. and Mrs. Ricchard, expressed his appreciation to the Council for trying to to solve the problems of property owners while trying to solve the problems of the City. Mr. Riemer stated that Alternative "D" was a workable solution that addresses and solves the problem, and it would do the most public good with the least private injury. He suggested keep- ing bike lanes out of intersections for safety reasons. Teresa Morrison, 3471 Via Lido, No. 211, Newport Beach, representing the estate of William J. Cagney, owners of the Del Taco property, supported Alternative "B". Brooks W. Herring, representing Shell Oil Company, 511 North Brookhurst Street, Anaheim, stated that Shell does not have the ability to move the pump island as indicated in the staff report; the staff report shows a passing lane of 9 feet, 6 inches, and the standard distance requirement is 28 feet at this location due to the turning radius and tanker operation. He recommended Alternatives "D" or "E". Transportation Services Manager John Lower in response to John Feeney, stated that the need for the improve- ments arose when a deficient intersection service level was identified and the Arnel Enterprises Agreement does allow for payment of the intersection improvements. Mayor Buffa stated the City would be paying a portion of the cost for the project. John Feeney, 1154 Dorset Lane, Costa Mesa, suggested retaining bike lanes and that if property had to be taken to consider taking property that is benefiting from traffic. Malcolm Ross, representing C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, stated that this inter- section is dangerous for bicycles and would become more so with additional lanes put in, particularly where there are free right -turn lanes. Mr. Ross suggested rerouting the bike lanes around the intersection and stated that he would be supporting Alternative "D". Greg Salios, Moderator at Harbor Trinity Baptist Church, urged relocation of bike lanes and the approval of Alternative "C-1". Maureen Rischard, co-owner of the Villa La Costa Center and Shell Service Station properties, stated she is pleased with progress that has been made, and supports Alternatives "D" or "E"; if Alternative "B" were to be chosen, it would take away her business. She further stated children should walk bicycles across intersec- tion, not ride them. There being no other speakers, the Mayor closed the publc hearing. RECESS The Mayor declared a recess at 8:35 p.m., and the meet- ing reconvened at 8:55 p.m. A brief discussion ensued concerning the various Alter- natives and their impacts. MOTION A motion was made by Council Member Glasgow, seconded by Resolution 89-150 Council Member Amburgey, to adopt Resolution 89-150, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, 507 CALIFORNIA, CERTIFYING AS COMPLETE AND ADEQUATE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT NO. 1037, ADDENDUM NO. 2 (REVISED) FOR THE FAIRVIEW ROAD/BAKER STREET INTERSECTION IMPROVEMENT AND GENERAL PLAN AMENDMENT GP -89-1B (REVISED). The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Glasgow, seconded by Council Resolution 89-151 Member Amburgey, Resolution 89-151, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -89-1B (REVISED), AMENDING THE MASTER PLAN OF HIGHWAYS FOR THE FAIRVIEW ROAD/BAKER STREET INTERSECTION, excluding the Statement of Facts and Findings, a Statement of Overriding Consid- erations, and Conditions of Approval/Inventory of Miti- gation Measures, which will be amended by staff and brought back for ratification at the June 19 meeting, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS:. Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION A motion was made by Council Member Glasgow, seconded by Alternative "D" Council Member Genis, approving Alternative "D", moving Adopted the bicycle lanes to the sidewalk, and since the side- walk is deficient in width, restrict bicyles to walking for 300 feet east and west of the Fairview/Baker inter- section. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Gladgow NOES: COUNCIL MEMBERS: Buffa, Amburgey ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING Vacation of a Portion of Public Streets in Triangle Square Mayor Buffa opposed the motion, stating he preferred to reroute bicycles around the intersection rather than interferring with pedestrian traffic. The Clerk announced that this was the time and place set for the public hearing to order the vacation of a portion of public streets in the area bordered by Harbor Boulevard, Newport Boulevard, and West 19th Street. The Affidavits of Publishing and Posting are on file in the Clerk's office. Letters have been received from Pacific Bell and Southern California Gas Company requesting that standard easement reservation language be included in the resolution. The Deputy City Manager/Development Services reviewed the item. The Planning Commission recommended approval subject to the condition that the Resolution shall not become effective until a parcel map showing consoli- dation under common ownership of all land within the triangle block bounded by Newport Boulevard, Harbor Boulevard, and West 19th Street is approved by the Costa Mesa City Council and filed for recordation with the Office of the Orange County Recorder. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Amburgey, seconded Resolution 89-152 by Council Member Glasgow, to adopt Resolution 89-152, Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA 5-0 MESA, CALIFORNIA, ORDERING THE VACATION OF PUBLIC STREETS IN THE AREA BORDERED BY HARBOR BOULEVARD, NEWPORT BOULE- VARD, AND WEST 19TH STREET. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None Council Member Genis opposed the motion as she felt the setbacks did not allow for widening; the City is giving up a fair amount of real estate; and the City is not getting the best financial deal. PUBLIC HEARING The Clerk presented for second reading and adoption, DA -89-01 Ordinance 89-16, approving Development Agreement DA - 89 -01, between the City of Costa Mesa and the Costa Mesa Redevelopment Agency, for property bordered by Newport Boulevard, Harbor Boulevard, and West 19th Street. The Affidavits of Publishing and Posting are on file in the Clerk's office. A letter was received from Mr. B. Estergard, 665 Park Drive, No. 44, Costa Mesa, expressing disagreement with development of the Triangle Property. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed disagreement with the project as the property is not blighted, nor did the City sit down and attempt to work with the property owners on resolving any problems. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Amburgey, seconded by Ordinance 89-16 Council Member Glasgow, Ordinance 89-16, AN ORDINANCE Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, APPROVING DEVELOPMENT AGREEMENT DA -89-01 BETWEEN THE CITY OF COSTA MESA AND THE COSTA MESA REDEVELOPMENT AGENCY, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Landscaping for the public hearing to consider levying an assessment Assessment for fiscal year 1989-90 in Landscaping Assessment Dis- District No. 1 trict No. 1, Tracts 9901 and 12011, located south of Sunflower Avenue and east of Smalley Read. The Affi- davit of Publication is on file in the Clerk's office. No communications were received. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Resolution 89-153 Council Member Amburgey, to adopt Resolution 89-153, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1989- 90 WITHIN THE CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER ONE. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 509 PUBLIC HEARING The Clerk announced that this was.the time and place set Landscaping for the public hearing to consider levying an assessment Assessment -for fiscal year 1989-90 for Landscaping Assessment Dis- District No. 2 trict No. 2, Tract 10513, located in the area of Bear Street and the Corona Del Mar Freeway. The Affidavit of Publication is on file in the Clerk's office. No communications were received. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Amburgey, seconded Resolution 89-154 by Vice Mayor Hornbuckle, to adopt Resolution 89-154, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1989- 90 WITHIN THE CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER TWO. 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 PUBLIC HEARING The Clerk announced that this was the time and place set Site Coverage in for the public hearing for an ordinance amending Article Downtown PDC Zone 17, Chapter II, Title 13 of the Costa Mesa Municipal Code relating to site coverage limitations in Planned Development Commercial (PDC) zones in the Downtown Redevelopment Area. The Affidavit of Publication is on file. No communications were received. Responding to a question from Vice Mayor Hornbuckle, the Deputy City Manager/Development Services stated the site coverage was 32 to 33-1/2 percent for Triange Square. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Amburgey, seconded Ordinance 89-17 by Council Member Glasgow, to give first reading to First Reading Ordinance 89-17, AN ORDINANCE OF THE CITY COUNCIL OF Given THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 17 OF CHAPTER II OF TITLE 13 OF THE COSTA MESA MUNI- CIPAL CODE RELATING TO SITE COVERAGE LIMITATIONS IN PLANNED DEVELOPMENT COMMERCIAL (PDC) ZONES LOCATED IN THE DOWNTOWN REDEVELOPMENT AREA. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Hornbuckle, Genis ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced this was the time and place set for Fees Not Covered the public hearing for an ordinance amending Title 2 by Codes of the Municipal Code authorizing the City Council to set fees by resolution for services not covered by either the State or Municipal Codes. The Affidavit of Publication is on file in the Clerk's office. No communications were received. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Ordinance 89-18 Council Member Glasgow, to give first reading to Ordi- First Reading nance 89-18, AN ORDINANCE OF THE CITY COUNCIL OF THE Given CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 2 OF THE MUNICIPAL CODE TO ESTABLISH REGULATORY FEES NOT COVERED BY THE CALIFORNIA STATUTES OR OTHER PROVISIONS OF THE COSTA MESA MUNICIPAL CODE. The City Manager reported that fees for investigating complaints regarding bad checks are listed in the ordinance since this service requires extra personnel and they do all the follow-up on bad checks. He stated that this is only an enabling ordinance to set fees. Council Member Glasgow commented that the fee is for processing and investigating complaints about bad checks that were not prosecutable. After brief discussion, it was decided to notify the Chamber of Commerce and the Harbor Boulevard Merchants Association of the proposed ordinance. The motion to give first reading to the Ordinance carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: Buffa, Amburgey ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented Ordinance 88-19 for second reading and adoption: 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. The Deputy City Manager/Development Services offered a proposal for a condition to be placed on the rezone that would essentially spell out police and fire impacts and calls for service, and since there are no specific dollar amounts at this point, the developer would have to pay for those services in some form prior to the development project being approved and building permits issued. If acceptable, the second reading could be given with the instruction for the change in text, or continued to the next meeting. The City Attorney stated that with this change, a second reading would have to occur. The Deputy City Manager/Development Services stated that should Measure "G" be ruled unconstitutional prior to the next Council meeting, the ordinance would be brought back for second reading; if overruling occurs after second reading with conditions relating to Measure there could be wording to show the developer would not be obligated to comply with Measure "G" at that point. A motion was made by Council Member Amburgey, seconded by Council Member Glasgow, to give first reading to amended Ordinance 88-19. Council Member Genis stated she would be abstaining from the vote since she does not have sufficient information on the subject. The City Attorney stated that the information describing the subject matter is adequate. Mayor Buffa stated he would be opposing motion because it is complicated and is more subtle than it appears; the vote would be concerning Ordinance 88-19 and it would be pushing the limit as to how much flexibility there is on the agenda. Council Member Genis requested that staff be prepared to address the previous traffic ordinance adopted in August in terms of this project when it returns to Council. The motion to give first reading to amended Ordinance 88-19 failed to carry 2-2 vote, Council Members Buffa and Hornbuckle voting no, Council Member Genis abstain- ing. A motion by Mayor Buffa to continue this item to the meeting of June 19 died for lack of a second. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Continued to Member Amburgey, and carried 5-0, amended Ordinance June 19, 1989 88-19 was continued to the meeting of June 19, 1989. Measure "C" New The Clerk presented from the meeting of May 15, 1989, Sidewalk Cons truc- contract award for Measure "C" New Sidewalk Construction tion 1988-89 1988-89. Staff recommended awarding the contract to B-1 Enterprise Corporation, Post Office Box 714, Rancho Cucamonga. Staff did extensive research regarding the noncompliance with labor practices allegation, and could find no basis for B-1 Enterprise being nonresponsive or nonresponsible. Attorney William Ingalsbe, representing B-1 Enterprise Corporation, presented his arguments regarding allega- tions made at -the May 15 meeting by Richard Leyvas, representing the Cement Masons Work Preservation. A motion was made by Council Member Amburgey, seconded by Council Member Glasgow, giving the speaker an extra two minutes to speak. The motion carried 5-0. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the funding for this project was an addition to Prop "C" monies. Mayor Buffa responded that the $632,078.10 is Measure "C" monies that were approved in November, 1987, and were in addition to the balance of that fiscal year and the subsequent fiscal years' expenditures for streets, sidewalks, and parkways. Richard Leyvas, representing Cement Masons work Preser- vation, refuted statements made by Attorney Ingalsbe. A brief discussion ensued regarding the allegations against B-1 Enterprise. MOTION A motion was made by Council Member Amburgey, seconded Awarded to B-1 by Vice Mayor Hornbuckle, to award the contract for Enterprise Measure "C" New Sidewalk Construction 1988-89, to B-1 Enterprise Corporation for $632,078.10. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 10:40 p.m., and the meeting reconvened at 10:50 p.m. Narcotic The Clerk presented for first reading, amended Forfeiture Fund Ordinance 89-14, relating to the Narcotic Forfeiture Fund. The City Attorney stated that language had been added to the ordinance restricting use of the Narcotics Fund to narcotics related activities. 3 Council Member Amburgey recommended changing the first paragraph on page 2 to read: "WHEREAS, the City Council desires to limit the use of these funds for narcotics related purposes." MOTION A motion was made by Council Member Amburgey, seconded Ordinance 89-14 by Council Member Glasgow, to give first reading to Given First Ordinance 89-14, AN ORDINANCE OF THE CITY OF COSTA MESA, Reading CALIFORNIA, AMENDING TITLE 14 OF THE COSTA MESA MUNICI- PAL CODE RELATING TO THE NARCOTIC FORFEITURE FUND, as amended by Council Member Amburgey. The motion carried by the following vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Canis, Glasgow NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None R-88-09 The Clerk presented for second reading and adoption, Triangle Square Ordinance 89-15, in connection with Rezone Petition Project R-88-09, Triangle Square Project. MOTION On motion by Council Member Glasgow, seconded by Council Ordinance 89-15 Member Amburgey, Ordinance 89-15, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY BORDERED BY 19TH STREET, HARBOR BOULEVARD, AND NEWPORT BOULEVARD FROM C2 TO PDC, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Community The Clerk presented a request to appoint members to the Development Community Development Ad Hoc Committee. Ad Hoc Committee The City Manager referenced staff's memorandum dated May 26, 1989, and asked for Council's direction on appoint- ments. ppointments. Ann Hogan Shereshevsky, 2152 Elden Street, Costa Mesa, stated she did not see any notices for the committee, the special joint meeting held on May 24, 1989, or for any of the Redevelopment Agency meetings. She was of the opinion that some meetings are held secretly, and the City should have better communication. The City Manager responded that the announcement for the committee had been published for the last 30-45 days. Council Member Amburgey refuted the statement that the meetings were held secretly, stating that the Agency meetings are open to the public and are always posted. Mayor Buffa commented that regularly scheduled meetings are not put in the newspaper although some newpapers do publish them. He further stated that meetings are _ never behind closed doors, and great care is given to ensure that meetings are done correctly. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Ad Hoc Committee Mayor Buffa, to appoint Mike Chitjian, Jeffrey D. Chu, Members Appointed Jean Ann Cole, Donald B. Mikami, Jerome M._ Vandewalle, Diana Villalpando, and Matthew F. Wiley to the Commun- ity Development Ad Hoc Committee. The motion carried 3-2, Council Members Amburgey and Glasgow voting no. Ll LI Z Funds for The Clerk presented a request from the Cultural Arts Civic Playhouse Committee to provide $5,000.00 to the Costa Mesa Civic Playhouse for participation in the American Association of Community Theatres nationwide competition finals. David Lander, 3260 Minnesota, Costa Mesa, a member of the .Cultural Arts Committee, commented that the Play- house has successfully competed in the state and regional finals and are on their way to the national finals; he feels this is a nice way to promote Costa Mesa as a City of the Arts, and the City should be very proud of the Playhouse. Robert Lupeau, President of the Costa Mesa Civic Play- house, stated that they have appropriated $1,000.00 per person to attend the event. The Playhouse will be sponsoring three actors, one director, one technician, and a stagehand. One member has donated his van to transport props, and his expenses will also be paid by the Playhouse. He further stated that the Playhouse has been in existence for 24 years, and this was the first time they entered competition. A brief discussion followed regarding the various expenses that would be incurred and the fund raising being done by the Playhouse. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Approved Council Member Amburgey, to allocate $5,000.00 to the Funding Costa Mesa Civic Playhouse for participation in the American Association of Community Theatres nationwide competition finals, and directing the City Manager to take the funds from whichever account he deems appro- priate. 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 Mayor Buffa commented that the Costa Mesa Civic Play- house does not receive enough exposure or receive enough credit for their good works over the years. Special Cable The City Clerk presented a request for $500.00 from the Grant Cable Television Committee for a special cable grant for a series of programs relating to summer sports. The City Manager verified that the money would come from the Cable Television Fund. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Funding Council Member Glasgow, to approve the request. The Approved motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Cenis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented the proposed City Budget for REPORT for fiscal year 1989-90, and summarized the contents of his budget message contained in the document. He Proposed Budget reported that the total appropriation for operations for 1989-90 and capital improvements is $67,238,675.00. Scheduled for The City Manager announced that the budget is scheduled Study Session of for a Study Session on June 12, 1989, at 3:00 p.m. June 12 and Council Public discussion and final Council action will be held Meeting of June 19 at the meeting of June 19, 1989. COUNCIL MEMBERS Council Member Genis expressed her hope that future COMMENTS public works contracts will specify that contractors will maintain a drug-free work place, and abide by City Contracts all applicable state and federal laws. Living Room Vice Mayor Hornbuckle reported on the "Living Room Dialogue Dialogue" project. She stated there had been a follow- up during the latter part of the year at which time they acquired approximately 50 people that are now divided into two active sub -committees addressing housing and education, and a third sub -committee just forming that will be involved with Community Relations. She men- tioned that if people were interested in participating in this type of project to contact her or the Human Relations Committee through City Hall. Leisure Services Council Member Genis expressed her dissatisfaction with Voting Card/Wall the voting card structure that was mailed by Leisure Assessment Services regarding the assessment district. Mayor Buffa mentioned that regardless of the style of the card, the people have the choice to vote or not to vote, and urged the people to become involved. Later in the meeting, Vice Mayor Hornbuckle stated that the primary reason for the City investigating the possi- bility of walls, is because of the requests from the Homeowners Associations in Mesa Verde and College Park. Lions Club Council Member Amburgey commended the Lions Club, Aman Fish Fry Brothers Contractors, and the City staff in cleaning up Harbor Boulevard for the Fish Fry Parade and making the project work well. City Streets Council Member Amburgey referenced an article in the Orange County Register of May 17, 1989, regarding San Juan Capistrano approving laws against public drinking and public urinating. He stated that the City has an ordinance in effect concerning public drinking and recommended that the City Attorney investigate the possibility of preparing an ordinance to prohibit urinating in public. Soup Kitchen Council Member Amburgey mentioned that in the middle of July, the 90 days will have expired for SOS and the Soup Kitchen to be at their new locations. He recom- mended that Staff investigate the outcome of this move and its affect on the community, and that the item be placed on the Agenda for July 17, 1989, with a report from staff on its findings. Vice Mayor Hornbuckle suggested contacting the tenant at Rea Center as she has heard some favorable comments regarding the Soup Kitchen and SOS. Voting Cards Vice Mayor Hornbuckle commented that the primary reason Wall Assessment for the City investigating the possibility of walls, is at the request of the Homeowners Association in Mesa Verde and College Park, that the City participate. Fish Fry Vice Mayor Hornbuckle commented that the Fish Fry was wonderful, and hoped that it was financially successful as the monies go toward youth services. Mayor Buffa commented that the Fish Fry was a lot of fun, and hopefully successful for the community youth services. New Fire Trucks Mayor Buffa commented on the City's new fire trucks that were displayed in front of City Hall today, stating they are absolute state of the art, high tech fire trucks. He mentioned there are only a handful of these trucks in the country; they are manufactured in Florida, and the company that manufactures the trucks, refers to them as th Costa Mesa Pumper and the Costa Mesa Ladder, due to so many of the designs being influenced by the Fire Chief and his staff. He further stated that the City Fire Department is rated one of the best in the country and expressed his pride and appreciation of the Costa Mesa Fire Department. The Mayor further stated that the citizens paid for the equipment and for them to call the Fire Department to make arrangements to view the trucks. ADJOURNMENT The Mayor declared the meetin adjourned at 11:50 p.m. Mayor of the City61(P sta Mesa ATTEST: City Clerk of the City of Co Mesa 1 515,