Loading...
HomeMy WebLinkAbout06/19/1989 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 19, 1989 The City Council of the City of Costa Mesa, California, met in regular session June 19, 1989, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Robert Sapp, Newport Mesa Christian 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 Assistant City Attorney Eleanor Frey Deputy City Manager/Develop- ment Services Donald Lamm Finance Director Robert Oman 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 24 and Member Amburgey, and carried 5-0, the minutes of the June 5, 1989 special joint City Council/Redevelopment Agency meeting of May 24, 1989, and the regular City Council meeting of June 5, 1989, were approved as distributed. ORDINANCES ORAL COMMUNICATIONS Presentation by CMHS Perpetual Motion Dance Guard A motion was made by Council Member Amburgey, seconded by Council Member Glasgow, and carried 5-0, to read all ordinances by title onlv. Two members of the Costa Mesa High School Perpetual Motion Dance Guard thanked the Council for the funds donated by the City so that the team could participate in the Winter Guard International World Championships. They reported that the team placed seventh in the competition. The team members presented the Mayor with a picture of the Dance Guard, as well as a video tape featuring the group. Relocation of SOS Janice Davidson, 1982 Arnold Avenue, Costa Mesa, reported and Soup Kitchen that she has obtained 204 additional signatures for the Facilities petition requesting relocation of Share Our Selves (SOS) and the Soup Kitchen facilities from 661 Hamilton Street (Rea Community Center) to a nonresidential area. She stated that the petition with original signatures was filed with the City Clerk and the total number is now at 1,036. Stanley Schuda, 2895 Palau Place, Costa Mesa, mentioned that the Mesa Verde Homeowners Association has shown interest in joining with the west side residents in resolving the problem created by the SOS facility. He stated that some of the signatures on the petition represent Mesa Verde residents. 77 L Triangle Square Jim Flores, 219 Broadway, Costa Mesa, announced that he Referendum is with the group organizing a referendum against the MOTION two ordinances which were adopted in conjunction with Resolution 89-156 the Triangle Square redevelopment project. Mr. Flores Adopted contended that the ordinances are allowing the condemna- tion of viable businesses and there has been a blatant misuse of eminent domain. Racquetball Tom Hammond, 635 West Baker Street, Costa Mesa, was Program concerned about the City's terminating its association with Orange Coast College for use of the racquetball Woman of the Year courts. Mayor Buffa responded that staff will be doing further studies on the Racquetball Program. Former Mayor Mayor Buffa recognized and welcomed former Mayor Dom Recognized Raciti. ANNOUNCEMENT The Mayor announced that immediately following action McGavran vs. City on all Consent Calendar items, Council will adjourn of Costa Mesa to a closed session to discuss the case of McGavran vs. City of Costa Mesa, relating to Measure "G". This is Item No. 2 under City Attorney Reports. CONSENT CALENDAR The following items were removed from the Consent Calendar: Reading Folder Item 4, Letter and petition from Chris Link regarding the Racquetball Program at Orange Coast College; and Item 7(c), Contract award for Bid Item No. 854, Maintenance Contract for Traffic Signals and Controllers. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Resolution 89-155, A RESOLUTION OF THE Records Destruction CITY COUNCIL of THE CITY OF COSTA MESA, CALIFORNIA, for the Revenue AUTHORIZING RECORDS DESTRUCTION FOR THE REVENUE DIVISION Division OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by'the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Resolution 89-155 Amburgey, Genis, Glasgow Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Man of the Year On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Resolution 89-156, A RESOLUTION OF THE MOTION CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 89-156 COMMENDING ERIC JOHNSON ON BEING CHOSEN MAN OF THE YEAR Adopted IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Woman of the Year On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Resolution 89-157, A RESOLUTION OF THE MOTION CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 89-157 COMMENDING DIANE PRITCHETT ON BEING CHOSEN WOMAN OF THE Adopted YEAR IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, was adopted by the following roll call vote: D AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Donald Archer; Anna L. Pearman; Francesca Powell; Mercury Casualty Insurance Company/Scott Seabaugh; and John C. Stout. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: Tsuru Kobayashi, Licenses Limited, doing business at 2263 Fairview Road, Suite "J"; International Eateries Corporation, doing busi- ness at 580 Anton Boulevard, Building No. 1, Store No. 10; and Nisbet, Incorporated, doing business as Hickory Farms, 3199 Airport Loop Drive, Suite "B". Public Utilities Notice from the Public Utilities Commission that Commission Application No. 89-05-064 has been filed by Southern California Edison Company (U -338-E) for certain rate adjustments, and review of the reasonableness of Edison's operations during the period of December 1, 1987, through March 31, 1989. Notice from Ali M. Homsi, doing business as Lax Chequer Van, 447 North Serrano Avenue, Ips Angeles, advising that he has filed an application with the Public Utilities Commission for authority to serve the Orange County area with door-to-door airport shuttle van services. SET FOR PUBLIC HEARING/Solid Waste On motion by Council Member Amburgey, seconded by Vice Management Plan Mayor Hornbuckle, and carried 5-0, a resolution approv- ing the final draft of the County of Orange Solid Waste MOTION/Hearing Set Management Plan was set for public hearing on July 3, for July 3, 1989 1989, at 6:30 p.m. WARRANTS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, Warrant Resolution MOTION 1433, including Payroll 8912, was approved by the Warrant 1433 following roll call vote: 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 Baerg Kathleen and Harold Baerg was rejected. Lawrence On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Frank and Kim Lawrence was rejected. Peterson On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from William S. Peterson was rejected*. Southern On motion by Council Member Amburgey, seconded by Vice California Gas Mayor Hornbuckle, and carried 5-0, the claim frcm Southern California Gas Company was rejected. ADMINISTRATIVE Bids received for Bid Item No. 842, Decontaminate Gaso- ACTIONS line Contaminated Soil at 2300 Placentia Avenue, are on file in the Clerk's office. Since new guidelines have Bid Item 842 been received for disposal of contaminated soil, staff Decontaminate Soil recommended rejecting all bids and preparing new speci- fications incorporating the new guidelines. On motion MOTION by Council Member Amburgey, seconded by Vice Mayor Bids Rejected Hornbuckle, and carried 5-0, all bids were rejected. Bid Item 852 Bids received for Bid Item No. 852, Temporary Personnel Temporary Services, are on file in the Clerk's office. On motion Personnel by Council Member Amburgey, seconded by Vice Mayor Services Hornbuckle, contracts were awarded to the following bidders: MOTION Awarded to Kelly, Kelly Services, 3525 Highland Avenue, Suite 100, Costa Norrell, Thomas, Mesa; and Apple One Norrell Services, No. 1 Park Plaza, Suite 375, Irvine; Thomas Temporaries, 3151 Airway Avenue, Costa Mesa; and Apple One, 3940 South Bristol Street, Suite 208, Santa Ana. 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 Final Map for The Final Map was presented for Tract No. 13832, James Tract 13832 Kaviani, developer, Post Office Box 1523, Costa Mesa; Kaviani one lot, 0.46 -acre, located at 2463 Orange Avenue, for Fairview Park condominium purposes. On motion by Council Member MOTION Amburgey, seconded by Vice Mayor Hornbuckle, the map Map Approved was approved; the Council did accept on behalf of the City: the ingress/egress easement over Lot "A" for MOTION emergency and security vehicle purposes, and a three- Change Order foot public utility easement as dedicated; did also Approved approve the map pursuant to Section 66436 (a)(3)(A) of the Subdivision Map Act; and the Clerk was authorized to sign said map on behalf of the City. The motion carried by the following roll call vote: Change Order "A" AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Moffatt & Nichol Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None Design of Adams/ ABSENT: COUNCIL MEMBERS: None Change Order No. 2 The Director of Leisure Services recommended approval of Valley Crest Land- Change Order No. 2 for $6,712.00 to the contract with scaping Valley Crest Landscaping, Incorporated, 1820 South Yale Street, Santa Ana, for the Fairview Park Construction - Fairview Park Phase I. The change order is required to compensate the Construction - contractor for installation of additional drainage pipe Phase I not shown on the bid proposal and plans. On motion by Council Member Amburgey, seconded by Vice Mayor MOTION Hornbuckle, the change order was approved by the follow - Change Order ing roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "A" The Transportation Services Manager recommended approval Moffatt & Nichol of Change Order "A" for $13,500.00 to the contract with Moffatt & Nichol, Engineers, Post Office Box 7707, Long Design of Adams/ Beach, for design of aright -turn lane on eastbound Placentia Right Adams Avenue at Placentia Avenue. The change order Turn Lane reflects a design change requested by the affected n. property owner. On motion by Council Member Amburgey, MOTION seconded by Vice Mayor Hornbuckle, the change order was Change Order approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL ME2BERS: None ABSENT: COUNCIL MEMBERS: None Annual AHFP On motion by Council Member Amburgey, seconded by Vice Requalification Mayor Hornbuckle, Resolution 89-158, A RESOLUTION OF THE for 1989-90 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE QUALIFICATION OF THE CITY OF COSTA MESA MOTION FOR PARTICIPATION IN THE ORANGE COUNTY ARTERAL HIGHWAY Resolution 89-158 FINANCING PROGRAM FOR FISCAL YEAR 1989-90, was adopted Adopted 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 City Manager recommended approval of an agreement Fred S. James with Fred S. James and Company of California, Post Office Box 19538, Irvine, at a cost of $.3314 per Workers' $100.00 of payroll, to provide administrative services Compensation for the City's Workers' Compensation Plan. On motion Administration by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the agreement was approved, and the City MOTION Manager was 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, Canis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Staff recommended approval of an agreement with Orco Orco Disposal Disposal, Incorporated, 3883 Eagle Drive, Anaheim, in the amount of $28,300.00, for a special Citywide trash Citywide Trash pickup. On motion by Council Member Amburgey, seconded Pickup by Vice Mayor Hornbuckle, the agreement was approved, and the Mayor and Clerk were authorized to sign on MOTION behalf of the City. The motion carried by the follow - Agreement Approved ing 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 Bayshore Bayshore Animal Animal Hospital, Incorporated, 2077 Harbor Boulevard, Hospital Costa Mesa, to provide animal control shelter services at a cost of $30,000.00 per year. On motion by Council Animal Shelter Member Amburgey, seconded by Vice Mayor Hornbuckle, the Services agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion MOTION carried by the following roll call vote: Agreement Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Installation of a Installation of a traffic signal at the intersection of Traffic Signal at Bristol Street and Randolph Avenue has been completed Bristol/Randolph to the satisfaction of staff by Baxter -Griffin Company, by Baxter -Griffin 8210 Monroe Street, Stanton. This project was performed under the supervision of Arnel Development Company as part of the development of several Arnel projects. All costs are to be credited toward the development trip fees required from Arnel pursuant to agreements with 1 E the City. Total cost for the project was $91,668.00. MOTION On motion by Council Member Amburgey, seconded by Vice Work Accepted Mayor Hornbuckle, the work was accepted, and the Clerk was authorized to file a,Notice of Completion. 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 Racquetball Item 3 on the Consent Calendar was presented: Reading Program at OCC Reading Folder Item No. 4, A letter from Chris Link, 3226 Idaho Place, Costa Mesa, and a petition containing 189 signatures, urging the Council to continue the Racquetball Program at Orange Coast College. Chris Link submitted an addition to his aforementioned petition which contains 25 signatures of persons in favor of continuing the Racquetball Program. The Mayor advised Mr. Link that staff is investigating this matter and it will be brought back to Council with staff's recommendation. The City Manager reported that a report on the Racquet- ball acquetball Program will be submitted to Council no later than July 17, 1989. Bid Item 854 Item 7(c) on the Consent Calendar was presented: Maintenance Contract award for Bid Item No. 854, Maintenance Contract for Contract for Traffic Signals and Controllers. Traffic Signals and Controllers The City Manager recommended continuing this item for two weeks so that additional study could be done by staff. Sid Soffer, 900 Arbor Street, Costa Mesa, asked for a description of a controller. The City Manager replied that a controller is an apparatus which operates the signal components. MOTION On motion by Council Member Amburgey, seconded by Continued to Council Member Genis, and carried 5-0, Bid Item No. July 3, 1989 854 was continued to July 3, 1989, as requested by the City Manager. ADJOURNMENT TO At 6:45 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the City Clerk's office to discuss Orange County Superior Court Case No. 58 37 96, Frank McGavran vs. City McGavran and Building Industry Association of Southern of Costa Mesa California, Incorporated vs. City of Costa Mesa. The court decided that -the Measure "G" Sensible Growth Measure "G" Ordinance was invalid. MEETING RECONVENED At 7:00 p.m., Mayor Buffa reconvened the meeting and announced that in closed session, Council directed the Mayor Announced City Attorney to advise the City's defense counsel that That Appeal Will an appeal would not be -requested by Council. Not Be Requested Later in the evening, this item was again addressed at the request of the Assistant City Attorney, to discuss further enforcement of Measure "G". MOTION A motion was made by Council Member Amburgey, seconded Directed Staff to by Council Member Glasgow, directing staff to process Stop Enforcement .all projects which have been delayed by Measure "G", of Measure "G" and to stop enforcement of the measure, effective immediately. The motion carried 5-0. PUBLIC HEARING The Clerk announced that this was the time and place R-88-07 set for the public hearing for Rezone Petition R-88-07, Amburgey/Carich Ronald Amburgey and Andrew Carich, 135 Commercial Way, Costa Mesa, to rezone property at 2233 and 2239 Fairview Road from Cl to R4. There are two options to be consid- ered: Continued frcm the meeting of June 5, 1989, second reading and adoption of Ordinance 88-19. First reading of amended Ordinance 88-19, to incor- porate a condition providing for compliance with Measure "G". The Affidavit of Publication is on file. No communica- tions were received. The Deputy City Manager/Development Services mentioned that either option permits a rezone from Cl to R4. Ron Amburgey, 2736 Cibola Avenue, Costa Mesa, stated that his proposed project would be similar to the development on the adjacent property. He submitted a copy of the project plan to the Council, and pointed out that the plan contains less units than are permitted in the R4 zone, in fact, it more closely reflects R3 density. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about fees which may be required for emergency services. Steve Elmer, 206 Mayfair Lane, Costa Mesa, representing the homeowners of Garden Park Village, spoke in favor of an R3 designation, or maintaining the Cl zone. There being no other speakers, Mayor Buffa closed the public hearing. MOTION A motion was made by Council Member Glasgow, seconded Ordinance 88-19 by Council Member Amburgey, to give second reading and Adopted adopt Ordinance 88-19, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT 2233 AND 2239 FAIRVIEW ROAD FROM Cl TO R4. Council Member Genis opposed the motion, preferring R3 zoning. She explained that if something were to happen whereby the developer could not proceed with his pro- posed project, and the property were sold, the new owner could construct a project with R4 density. The motion to adopt Ordinance 88-19 carried 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 Appeal of ZA 88-06A set for the public hearing to consider an appeal of Hutchins the Planning Commission's decision for Zoning Action ZA-88-06A from Ken Hutchins, 340 Costa Mesa Street, Costa Mesa, for an amendment to a previously approved minor Conditional Use Permit for an accessory apartment to allow deletion of requirements for alley, sidewalk, and driveway paving at the above address in an Rl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A communication was received from Ruth Smith, 335 East Walnut Street, Costa Mesa, opposed to rental units in the R1 zone. A communication from William St. Clair, 351 East Walnut Street, Costa Mesa, was opposed to the requirement for paving and sidewalk construction. The Deputy City Manager/Development Services summarized the Planning staff's memorandum of June 15, 1989, directing attention to the fact that the applicant is appealing Condition No. 9, requiring that the alley behind the property be paved from Raymond Avenue to 10 feet beyond the westerly edge of the parking pad. He stated that the applicant is not appealing the sidewalk requirement. Ken Hutchins agreed with the sidewalk requirement; how- ever, he felt -that staff's recommendation, requiring paving of half the alley width directly behind his property to provide a transition from the unpaved alley to the required open parking spaces, was more appropri- ate for this application. George McGelvey, 333 East Walnut Street, Costa Mesa, agreed with the requirements of Condition No. 9. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that if the neighbors want the alley paved, they should all contribute to that improvement. Stephen Robinson, 338 Costa Mesa Street, Costa Mesa, spoke at length about discrepancies contained in the Staff Report and in the appeal submitted by Mr. Hutchins. MOTION On motion by Council Member Genis, seconded by Council Time to Speak Member Glasgow, and carried 5-0, Mr. Robinson was given Extended an additional two minutes to speak. Mr. Robinson commented that the applicant should be required to construct all improvements imposed by the Planning Commission. Sylvia Johnson, 339 Walnut Street, Costa Mesa, was of the opinion that the applicant should pave the alley in accordance with Condition No. 9. Ken Hutchins contended that his neighbors' opposition to his request is a result of an ongoing neighborhood dispute. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Amburgey, seconded Upheld Planning by Council Member Genis, to uphold the Planning Commis - Commission's sion's decision for ZA-88-06A, and adding a condition Decision stipulating that should the property owners form an Assessment District to pave the entire alley, this applicant shall be reimbursed pro rata for his share of the subject alley improvement. Vice Mayor. Hornbuckle believed the alley improvement required by Condition No. 9 was too excessive. Mayor Buffa opposed the requirement for a sidewalk. The motion upholding the Planning Commission's decision carried 3-2, Mayor Buffa and Vice Mayor Hornbuckle voting no. 5 2 -1 RECESS The Mayor declared a recess at 8:10 p.m., and the meet- ing eeting reconvened at 8:20 p.m. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of Denial set for the public hearing to consider an appeal of the to Close East 16th Transportation Commission's denial of a request to close Street from Kociuba, East 16th Street between Newport Boulevard and Irvine Vandersloot, Baron, Avenue, from James Kociuba, 2215 East 16th Street, New - House, and Garrett port Beach; Jan D. Vandersloot, 2221 East 16th Street, Newport Beach; Pat D. Baron, 486 East 16th street, Costa Mesa; and Julia House and George Garrett, 271 East 16th Street. The Affidavit of Mailing is on file in the Clerk's office. Communications were received from the following persons: Jan D. Vandersloot, 2221 East 16th Street, Newport Beach, requesting installation of additional stop signs on East 16th Street, and requesting that Council oppose the intention of the City of Newport Beach to facilitate east/west traffic on East 16th Street when the 55 Freeway is extended to Industrial Way. Mrs. A. E. Miller, 266 Palmer Street, Costa Mesa, opposing the street closure. Harry P. and Dorothy M. Grant, 236 Knox Street, Costa Mesa, opposed to the closure. J. H. Furgatch, President, Harbor Heights Homeowners Association, 210 - 16th Place, Costa Mesa, opposed to the closure. During the public hearing, a petition containing 127 signatures was submitted to the City Clerk, requesting placement of stop signs on East 16th Street at Aliso Avenue, Redlands Avenue, and Westminster Avenue, in order to slow down traffic. Another petition contain- ing 54 signatures requested installation of "No left turns to through traffic" signs on Orange Avenue, Santa Ana Avenue, and Tustin Avenue at East 16th Street. The Transportation Manager reported that in the past few months it has become apparent that the residents on East 16th Street want additional stop signs. He stated that the Transportation Commission directed staff to provide double yellow striping. It was the Manager's opinion that the traffic activity on the street does not warrant the additional stop signs requested by the residents. He also reported that to prohibit left -turns to through traffic is illegal. Ken Bozarth, 243 East 20th Street, Apartment B, Costa Mesa, opposed closure of East 16th Street because it would hamper emergency vehicle access. Jan Vandersloot, 2221 East 16th Street, Newport Beach, referenced his letter dated June 19, 1989, and sumnar- ized the contents contained therein. Mr. Vandersloot urged Council to authorize stop signs at the three intersections mentioned in his letter and in the peti- tion submitted to the City Clerk. Julia House, 271 East 16th Street, Costa Mesa, spoke in support of installing stop signs and speed humps at the 16th/Aliso, 16th/Redlands, and 16th/Westninster locations. Pat Gallagher, representing Mr. and Mrs. Park, owners of Park Place Inn, 1662 Newport Boulevard, Costa Mesa, objected to a closure of East 16th Street at Newport Boulevard because of the adverse affect it would have on his clients' business. Bruce Newbery, 239 Knox Street, Costa Mesa, opposed closure of East 16th Street. Valerie Boston, 220 Palmer Street, Apartment A, Costa Mesa, was opposed to closing the street, but she did support installation of stop signs on East 16th Street and synchronization of traffic signals on East 17th Street. Juliana Osborne, 267 East 17th Street, Costa Mesa, stated that East 16th Street is extremely dangerous for children to cross because of speeding vehicles. Gorge Garrett, 271 East 16th Street, Costa Mesa, supported installation of stop signs at the three aforementioned intersections. Jake Osborne, 267 East 16th Street, Costa Mesa, reported on three recent accidents which have occurred on East 16th Street. Peter Ellington, 275 East 16th Street, Costa Mesa, urged Council to authorize stop signs at the intersections mentioned on the petition. Faye Edelblute, 1741 Tustin Avenue, Apartment 22B, Costa Mesa, President of the Orleans Homeowners Association, spoke on behalf of 69 families who object to the East 16th Street closure. She suggested that the East 16th Street homeowners install berms. Nick Ogilvie, 479 East 16th Place, was against closure of East 16th Street, and suggested that if stop signs were installed, they should be visible to motorists. Barry Von Hemert, 2969 Catalpa Street, Newport Beach, owner of a business at 16th Street and Newport Boule- vard, was -very much opposed to closing the street but was not opposed to installing stop signs. Richard Baron, 484 East 16th Street, Costa Mesa, con- tended that stop signs would slow traffic and discourage nonresidents from using East 16th Street. Mr. Baron mentioned that placement of the double yellow lines has reduced vehicles passing each other but has not been instrumental in slowing traffic. Mark Severns, 201 East 16th Street, Costa Mesa, stated that 16th Street and Orange Avenue is one of the busiest intersections in the City. He suggested that if East 16th Street cannot be closed, other alternatives must be examined to reduce through traffic. Tom Swift, 295 East 16th Street, Costa Mesa, spoke in support of stop signs on 16th Street at the three intersections mentioned in the petition. Mr. Swift also opposed the position of the City of Newport Beach to facilitate east/west traffic on East 16th Street after the 55 Freeway is extended. Don Huebner, 250-A East 16th Street, Costa Mesa, spoke about the danger to children attempting to cross East 16th Street and suggested a crosswalk for Westminster Avenue. Mr. R. 0. Riehl, 490 East 16th Street, Costa Mesa, emphasized the need to slow traffic on this residential street. Samuel Wray, 2227 East 16th Street, Newport Beach, supported Mr. Vandersloot's presentation. Paul Schwartz, 1607 Orange Avenue, Costa Mesa, owner of a business at 166 Superior Avenue, opposed closure of East 16th Street; however, he did endorse placement of stop signs. Jim Kociuba, 2215 East 16th Street, Newport Beach, asserted that the City of Newport Beach and the State of California informed him that the standards which the City of Costa Mesa applies to residential streets are meant for major thoroughfares. Jeff Stevens, 2307 East 16th Street, Newport Beach, stated that because of the high speed vehicles travel on East 16th Street, either stop signs or speed bumps are needed. There being no other speakers, the Mayor closed the public hearing. While answering questions from the Council, the Trans- portation Manager reported that warrants for stop signs do not vary in residential or commercial areas. A motion was made by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, to deny the request for street closure; continue monitoring intersections along East 16th Street for multi -way stop sign warrants, and submit them to the Transportation Commission in three months; and continue studying methods used by other cities to control traffic speeds. The motion failed to carry, Council Members Buffa, Genis, and Glasgow voting no. MOTION A motion was made by Council Member Glasgow, seconded Closure Denied; by Council Member Genis, to deny the request for street Stop Signs closure, and to direct staff to install stop signs on Authorized East 16th Street at Aliso Avenue and at Westminster Avenue. The motion carried 3-2, Council Members Amburgey and Hornbuckle voting no. PUBLIC HEARING The Clerk announced that this was the time and place Environmental set for the public hearing to consider the Initial Determination for Study of Environmental Impacts and the Negative Declara- Veterans Memorial tion for demolition of Veterans Memorial Hall at 565 Hall West 18th Street. The City proposes to pave the site for parking. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services reported that according to the agreement with the County of Orange for purchase of the property, the City is the Lead Agency for California Environmental Quality Act (CEQA) purposes and must process the environmental documents for the demolition. Council Member Genis was not satisfied that sufficient research had been done to obtain historical status for the building. Sid Soffer, 900 Arbor Street, Costa Mesa, stated it was apparent that the City intends to upgrade the entire area. I� 5s 7 There being no other speakers, the Mayor closed the public hearing. Council Member Genis made a motiom to reject the Nega- tive Declaration. The motion died for lack of a second. MOTION A motion was made by Council Member Amburgey, seconded Adopted Negative by Council Member Glasgow, to adopt the Negative Declar- Declaration ation of Environmental Impact. The motion carried 4-1, Council Member Genis voting no. Allocation of The Clerk announced that this was the time and place set Federal Revenue for the public hearing to receive public comments on the Sharing Funds proposed use of Federal Revenue Sharing Entitlement funds to be appropriated during the 1989-90 fiscal year. The Affidavit of Publication is on file in the Clerk's office. No communications were received. Staff recommended allocating $165,000.00 for social program support. The City Manager reported that the Federal Revenue Sharing Program ceased approximately three years ago; however, the funds being allocated for the coming year represent interest earned from federal funds, and a public hearing is required before the funds can be expended. There being no speakers, the Mayor closed the Public Hearing. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Approved Member Amburgey, allocation of Federal Revenue Sharing Allocation Funds as recommended by staff was approved by the of Funds following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented Ordinance 89-14 for second reading and adoption. The ordinance relates to the Narcotics Narcotics Forfeiture Fund. Forfeiture Fund Council Member Genis asked if the funds could be used to abate gang activities if those activities involved drug use. The City Manager responded that he believed it would be appropriate to use the funds if there were .a connection between gang activities and drug use. Mayor Buffa opposed the ordinance because of the restric- tions placed on the use of the funds. MOTION On motion by Council Member Amburgey, seconded by Ordinance 89-14 Council Member Glasgow, Ordinance 89-14, AN ORDINANCE OF Adopted 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, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None PDC Zone Site The Clerk presented Ordinance 89-17 for second reading Coverage in the and adoption. The ordinance.permits 35 percent site Downtown Redevel- coverage in Planned Development Commercial (PDC) zones opment Area for properties located in the Downtown Redevelopment 52'._:. Area, and limits coverage to 30 percent in PDC zones in all other areas of the City. Vice Mayor Hornbuckle and Council Member Genis opposed the increased site coverage for the Redevelopment Area. MOTION On motion by Council Member Amburgey, seconded by Ordinance 89-17 Council Member Glasgow, Ordinance 89-17, AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 17, CHAPTER II, TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO SITE COVERAGE LIMITA- TIONS IN PLANNED DEVELOPMENT COMMERCIAL (PDC) ZONES IN THE DOWNTOWN REDEVELOPMENT AREA, was given second read- ing and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Hornbuckle, Genis ABSENT: COUNCIL MEMBERS: None Amending Master The Clerk presented Resolution 89-151A, amending Resolu- Plan of Highways tion 89-151, adopting General Plan Amendment GP -89-1B for the Fairview/ (Revised), to amend the Master Plan of Highways for the Baker Intersection Fairview Road/Baker Street intersection. The Assistant to the City Manager reported that at the meeting of June 5, 1989, six concept plans were analyzed and Council selected Alternative "D" as the preferred plan for the Fairview Road/Baker Street improvements. Resolution 89-151A includes a Statement of Facts and Findings, a Statement of Overriding Considerations, and Conditions of Approval/Inventory of Mitigation Measures prepared specifically for Alternative "D". MOTION On motion by Council Member Amburgey, seconded by Vice Resolution 89-151A Mayor Hornbuckle, Resolution 89-151A, A RESOLUTION OF Adopted THE 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, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Budget for The City Manager presented the proposed City Budget for 1989-90 fiscal year 1989-90 for public discussion. The document reflects a total appropriation of $67,238,675.00. The City Manager then summarized his memorandum of June 16, 1989, which addresses Mayor Buffa's proposal to hire two police officers for gang related duties, and Council Member Glasgow's concern over the lack of funding for construction of the Senior Citizens Center. The City Manager referenced the Memorandum of Under- standing with the Senior Citizens Corporation in which Council agreed to allocate $2.5 million toward the construction of the Senior Citizens Multipurpose Center. He reported that the architects for the project are indicating a construction start date of April or May, 1990, at which time funding will be required. The City Manager suggested that Council direct staff to ensure that the required funds are made available at such time as the project is ready to bid. This would allow staff to seek a number of funding sources and provide the Senior Citizens Corporation with the security of knowing the funds will be available when needed. 1 The City Manager then addressed the matter of adding two police positions for gang related detail, and referred to the proposal prepared by the Police Department. He reported that this program would cost approximately $156,718.00 per year. Phillip.Burns, 3099 Country Club Drive, Costa Mesa, ,supported the proposal for additional police personnel for gang related duties. He reported that gang activity has increased dramatically in the City, especially in the school system. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, stated that she surveyed 69 homes, and everyone supported the addition of police personnel to combat gang activities. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, felt it was important to address gang activities before they become major problems. Pat Dolan, 923 West 20th Street, Costa Mesa, reported that there is much concern on the west side about the gang situation, and he felt the problem is more wide- spread than has been indicated by the Police Department. Mr. Dolan also spoke about the Code Enforcement Division being understaffed. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, read a resolution from the Costa Mesa Republican Assembly which supports the addition of two full-time police officers to deal with gang related problems. Marie Maples, 461 Swarthmore Lane, Costa Mesa, thanked Council and staff for all their efforts relating to the future construction of a Senior Citizens Multipurpose Center. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about the need to stop the gang activity as soon as possible. MOTION A motion was made by Council Member Amburgey, seconded Authorized by Council Member Genis, to appropriate and fund the Appropriation gang detail in the 1989-90 budget per the City Manager's for Gang Detail memorandum dated June 16. 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 Vice Mayor Hornbuckle asked if it were possible to have the budget reflect.the fees received for each element, such as the golf course or adult sports program. The Director of Finance responded that it would be difficult to provide accurate information on revenues derived from each element, and a major revamping of the computer system would be needed to provide this data. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by 1989-90 Budget Council Member Glasgow, to approve the budget for fiscal Approved; Staff year 1989-90, directing staff to ensure that the Directed to Ensure required $2.5 million for construction of the Senior Availability of Citizens Multipurpose Center be made available at such Senior Center time as the project is ready to bid, and that the City Funds; Authorized continue to provide the Racquetball Program until Continuation of staff has submitted a report on the adult sports pro - Racquetball gram. The motion carried by the following roll call Program call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 11:10 p.m., and the meet- ing reconvened at 11:20 p.m. Victoria Street The Clerk presented staff's recommendations for final Widening Project engineering and design of the Victoria Street widening, with a request for policy direction from Council. A communication was received from Karen 011ila, 927 Wilson Street, Costa Mesa, requesting that Council consider diverting commuter traffic out of the neighbor- hood north of Victoria Street and west of Placentia Avenue. Three petitions were submitted to the City Clerk during the meeting: A petition containing 365 signatures, requesting that National and American Avenues be closed on the north side of Victoria Street, and a closure on Wilson Street east of Canyon Drive; A petition containing 315 signatures, requesting that Wilson Street be closed east of Canyon Drive; and A petition containing 344 signatures, asking for a closure on American Avenue on the north side of Victoria Street, and construction of a sound wall at the closure with pedestrian access. The Assistant to the City Manager summarized his memor- andum of June 15, 1989, which outlines those items on which Council direction is being requested: Construction of cul-de-sacs on Victoria Street from Harbor Boulevard to Canyon Drive, which are shown on Exhibit 1 attached to the memorandum. Acquisition of additional property as necessary for various cul-de-sacs, either via negotiations or eminent domain. Possibility of either a full or partial benefit assessment district to finance cul-de-sac construc- tion. Frontage road configuration with a traffic signal at National Avenue, an opening at Continental Avenue, a 26 -foot cul-de-sac curb radius on both ends, and dele- tion of a previously planned eastbound access point. Location of sound walls per Environmental Impact Report No. 10335, Exhibit 9, and previous Council direction to raise sound walls from 5 feet to 8 feet, with the option to property owners on remaining inter- secting streets to extend the wall 20 feet around the curb. Relocation of the bike trail from the south side to the north side of Victoria Street between Placentia Avenue and Canyon Drive. Direct staff to prepare the appropriate environmental documentation once Council has given policy direction. Direct staff to initiate concept designs for the Harbor Boulevard/Victoria Street intersection, specifically for right -turn lanes for eastbound and westbound Victoria Street. Wendy Ward, 840 Congress Street, Costa Mesa, requested closure of American and National Avenues at Victoria Street, and constructing a cul-de-sac on Canyon Drive at Wilson Street, so that motorists will not use these streets as a short cut. Halimah McGee, 923 Congress Street, Costa Mesa, asked that the following streets be closed to through traffic: National Avenue, American Avenue, Wilson Street at Canyon Drive, and State Avenue. Rosemary Pheasant, 924 Congress Street, Costa Mesa, suggested closure to through traffic for National Avenue, American Avenue, and State Avenue north of Victoria Street; and Wilson Street east of Canyon Drive. IZaren 011ila, 927 Wilson Street, Costa Mesa, stated that plans to widen Victoria Street completely ignore the needs of over 500 homes north of Victoria Street and west of Placentia Avenue. She contended that to relieve traffic impacts in this area, cul-de-sacs should be constructed at National Avenue/Victoria Street, American Avenue/Victoria Street, and closure of Wilson Street east of Canyon Drive, in addition to retaining the planned cul-de-sac at State Avenue/Victoria Street. Roger Gooding, 899 Joann Street, Costa Mesa, spoke in support of closures as proposed by Mrs. 011ila. Larry Richardson, 2178 Raleigh Avenue, Costa Mesa, was in favor a cul-de-sac and sound wall on Raleigh Avenue at Victoria Street. Catherine Palmer, 897 Senate Street, Costa Mesa, was opposed to the proposed traffic signal at National Avenue/Victoria Street unless National Avenue were closed on the north side of Victoria Street with pedes- trian access. She supported closure of Wilson Street at Canyon Drive or Canyon Drive west of Republic Avenue. Ed 011ila, 927 Wilson Street, Costa Mesa, was in favor of cul-de-sacs on National Avenue, American Avenue, and State Avenue on the north side of Victoria Street. Pat Dolan, 923 West 20th Street, Costa Mesa, opposed the traffic signal planned for National Avenue/Victoria Street, and suggested closures for all streets on both sides of Victoria Street. Mr. Dolan mentioned that west side residents were assured that when Victoria Street was widened, the barriers would be removed from Monrovia Avenue/20th Street, Continental Avenue/Oak Street, and Federal Avenue/ Oak Street. Steve Stiles, 2196 National Avenue, Costa Mesa, sup- ported closure of National Avenue to through traffic, and opposed installation of a traffic signal at National Avenue and Victoria Street. Connie Walker, 628 Victoria Street, Costa Mesa, whose home is being acquired by the City for the project, was concerned about having to move by the end of the month. The Mayor assured Mrs. Walker that this was not the case and urged her to meet with the Assistant City Manager in the morning. Shirley Werner, 2124 Republic Avenue, Costa Mesa, agreed with previous speakers who requested closures on Ameri- can Avenue, National Avenue, State Avenue, and Wilson Street east of Canyon Drive. Sid Soffer, 900 Arbor Street, Costa Mesa, stated.that he has always opposed the widening of Victoria Street because it will benefit Huntington Beach residents more than Costa Mesa citizens. Cindy Miller, 2199 National Avenue, Costa Mesa, spoke about speeding vehicles on National Avenue and supported the closures requested by several speakers. Council Member Amburgey stated that staff is progressing in the right direction, and that any traffic problems which still exist after the widening has been completed, can be more accurately addressed at that time. Council Member Genis was opposed to construction of cul-de-sacs because it merely results in the traffic going onto other streets, and because of the high cost of constructing them. Vice Mayor Hornbuckle announced that she would abstain from voting on the cul-de-sac proposed for Raleigh Avenue on the north side of Victoria Street. MOTION On motion by Council Member Amburgey, seconded by Vice, Directed Staff to Mayor Hornbuckle, and carried 5-0, staff was directed Initiate Concept to initiate concept design engineering and environmental and Environmental analysis for construction of additional traffic capacity Analysis for improvements at the Victoria Street/Harbor Boulevard Victoria/Harbor intersection for separate right -turn lanes on eastbound and westbound Victoria Street. MOTION On motion by Council Member Amburgey, seconded by Vice Authorized Mayor Hornbuckle, and carried 5-0, staff was directed Coordination with to coordinate with the City of Huntington Beach to Huntington Beach initiate final design and environmental analysis to for an Additional construct a Brookhurst Street second southbound Left -turn Pocket left -turn pocket to eastbound Hamilton Avenue, and from Brookhurst to upgrade the signal for east/west left -turn to Hamilton phasing. MOTION A motion was made by Council Member Amburgey, seconded Staff Directed to by Council Member Glasgow, directing staff to design Design Frontage a frontage road south of Victoria Street with a signal Road, Signal at at National Avenue, a one-way stop sign controlled National, and intersection with Continental Avenue, and 26 -foot curb Cul-de-sacs radius cul-de-sacs with on -street parking prohibited 340 feet east of Federal Avenue and 200 feet west of Union Avenue with no one-way eastbound connection between the Union Avenue cul-de-sac and Victoria Street. Mayor Buffa opposed the motion because of his concern with the traffic signal at National Avenue. The motion carried 3-2, Mayor Buffa and Vice Mayor Hornbuckle voting no. MOTION A motion was made by Council Member Amburgey, seconded Authorized by Vice Mayor Hornbuckle, authorizing construction of Construction 36 -foot or 40 -foot curb radius cul-de-sacs on Miner of Cul-de-sacs Street north of Victoria Street, on Meyer Place north of r- 533 Victoria Street, on Puente Avenue north of Victoria Street, on Sterling Avenue south of Victoria Street, and 36 -foot curb radius cul-de-sacs on Raleigh Avenue south of Victoria Street, on Wallace Avenue south of Victoria Street, and on State Avenue north of Victoria Street. The motion carried 4-1, Council Member Genis voting no. MOTION A motion was made by Council Member Amburgey, seconded Authorized by Council Member Glasgow, authorizing contruction of Cul-de-sac on a cul-de-sac on Raleigh Avenue north of Victoria Street. Raleigh North The motion carried 3-1, Council Member Genis voting no, of Victoria and Vice Mayor Hornbuckle abstaining. MOTION On motion by Council Member Amburgey, seconded by Vice Staff Directed to Mayor Hornbuckle, and carried 5-0, staff was directed Monitor Traffic to monitor traffic patterns after construction, evaluate After Construction the intersection of Wilson Street/Pomona Avenue and various other locations for traffic signal warrants and for multi -way stop sign warrants, and other alternate traffic control devices. MOTION On motion by Council Member Amburgey, seconded by Vice Staff Directed to Mayor Hornbuckle, and carried 5-0, staff was directed Meet with Property to meet with affected property owners to present the Owners Regarding option of a 20 -foot extension of a sound wall at the Sound Walls following locations, if those locations are not cul-de- sacs: west side American Avenue; west side State Ave- nue; southeast and southwest Sterling Avenue; northeast Pomona Avenue; east and west Puente Avenue; northeast Maple Street; east Maple Street; west Miner Street; east Charle Street; and investigate the feasibility of such an option at the northwest corner of Victoria Street and Pomona Avenue. MOTION A motion was made by Council Member Amburgey, seconded Staff Directed by Vice Mayor Hornbuckle, directing staff to prepare the to Prepare appropriate environmental document in conjunction with Appropriate Environmental Impact Report (EIR) No. 1033 for cul -de - Environmental sac construction at State Avenue north of Victoria Document Street, Continental Avenue opening from the frontage road onto Victoria Street, reducing the frontage road width from 40 feet to 30 feet, and relocation of the Victoria Street traffic signal from Monrovia Avenue to National Avenue. The motion carried 4-1, Mayor Buffa voting no. Council Member Genis asked if other alternatives will be submitted for consideration. The Deputy City Manager responded that alternatives will be prepared. MOTION On motion by Council Member Amburgey, seconded by Vice Authorized Mayor Hornbuckle, and carried 5-0, Council authorized Public Input public input, and directed staff on the final sound wall locations. (These items had already been accomp- lished since public input was received, and staff was given direction .to proceed with design work.) The Assistant City Manager requested direction concern- ing the acquisition of additional right-of-way: whether staff should move forward with a benefit assessment district program and bring back the cost to Council, or whether Council preferred to have staff design the cul-de-sacs and pay for them out of the City Budget. During discussion, the Assistant City Manager suggested that staff complete the design work and then Council could make a decision regarding an assessment district. d Smoking Regulations in Restaurants The City Clerk presented a report concerning smoking regulations in restaurants. The report was prepared as directed by Council on April 3, 1989, in response to a letter from Nancy Reaves, 2618 Willo Lane, Costa Mesa. The Deputy City Manager/Development Services summarized staff's memorandum dated June 2, 1989. He reported that staff could not find any provisions in State law or health codes which mandate smoking regulations in restaurants. He stated that very few complaints have been received, and until a real problem arises, staff would recommend adopting an ordinance at that time. Ted Reaves, 2618 Willo Lane, Costa Mesa, requested that Council adopt an ordinance regulating smoking in restau- rants and referred to several cities that have enacted such regulations. Sid Soffer, 900 Arbor Street, Costa Mesa, stated it was not government's job to regulate the restaurant industry. Motion to Regulate Vice Mayor Hornbuckle made a motion, seconded by Council Smoking in Public Member Genis, directing staff to develop a smoking Places, Including ordinance which would prohibit smoking in public places, Restaurants, including elevators, and which would provide smoking Failed to Carry regulations for restaurants requiring smoking and non- smoking areas. Council Member Genis preferred an ordinance which would prohibit smoking in elevators, meeting rooms, and rest rooms, without regulating smoking in restaurants. Council Member Glasgow stated that the motion goes far beyond smoking regulations in restaurants; therefore, he could not support it. Mayor Buffa objected to imposing regulations for the private sector. The motion failed to carry 3-2, Council Members Buffa, Amburgey, and Glasgow voting no. Motion to Regulate A motion was made by Council Member Genis, seconded by Smoking in Public Vice Mayor Hornbuckle, to regulate smoking in elevators, Places, Excluding hospital facilities, public meeting rooms, public rest Restaurants, rooms (including restaurant rest rooms), and public Failed to Carry transportation. The motion failed to carry 3-2, Council Members Buffa, Amburgey, and Glasgow voting no. Motion to Regulate A motion was made by Vice Mayor Hornbuckle, seconded by Smoking in Restau- Council Member Glasgow, directing staff to develop an rants Failed to ordinance regulating smoking in restaurants. The motion Carry failed to carry 3-2, Council Members Buffa, Amburgey, and Genis voting no. NEW BUSINESS The Clerk presented an ordinance amending Title 11 of the Costa Mesa Municipal Code relating to drinking in Drinking in Public public. The Deputy City Manager/Development Services recommended first reading of the ordinance as presented. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 89-19 Member Genis, Ordinance 89-19, AN ORDINANCE OF THE CITY Given First COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING Reading TITLE 11 OF THE COSTA MESA MUNICIPAL CODE RELATING TO DRINKING IN PUBLIC, was given first reading and passed 1 to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Arts Educational The Clerk presented a request from the Cultural Arts Awards Program Committee for approval and funding of an Arts Educa- tional Awards Program. Vice Mayor Hornbuckle did not agree with the awards including one elementary school and one middle school; she preferred starting this program with the three area high schools only. Motion Made to A motion was made by Vice Mayor Hornbuckle, seconded by Allocate Funds Council Member Genis, to allocate $500.00 each to Back Bay High School, Costa Mesa High School, and Estancia High School, for educational achievement awards, stipu- lating that the funds shall came from the Cultural Arts Committee budget. SUBSTITUE MOTION After discussion, a substitute motion was made by Mayor Continued Until Buffa, seconded by Vice Mayor Hornbuckle, and carried Additional Data 5-0, to continue this item until clarification of the is Received program is obtained from the Cultural Arts Committee. Orange County The Clerk presented the Orange County 20 -Year Master 20 -Year Plan of Transportation Improvements. Transportation Plan The Assistant to the City Manager referenced the City Manager's memorandum dated June 16, 1989, and mentioned that the Transportation Plan was discussed at the Study Session of June 12, 1989. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that this plan apparently is requesting a tax increase, and it was his opinion that road improvements should be funded by gasoline taxes. Motion to Adopt Vice Mayor Hornbuckle felt it was appropriate to have Resolution Died this matter presented to the voters, and made a motion for Lack of a to adopt a resolution approving the Transportation Plan Second for the purpose of placing the plan before the voters of Orange County. The motion died for lack of a second. Council Member Amburgey stated that he was in favor of transportation improvements; however, he could not support this particular plan because it is asking the public to support a 1/2 -cent tax increase without pro- viding full details. Council Members Buffa, Genis, and Glasgow indicated that they felt the plan was too vague to present to the voters. MOTION A motion was made by Council Member Amburgey, seconded Resolution by Mayor Buffa, to reject the resolution. The motion Rejected carried 4-1, Vice Mayor Hornbuckle voting no. Staff Directed to Vice Mayor Hornbuckle suggested that staff prepare a Prepare a Letter letter to be sent to the Orange County Transportation to OCTC Commission (OCTC), outlining the objections and sugges- tions of Council. Mayor Buffa directed the Assistant to the City Manager to compose a letter for the Mayor's signature for transmittal to OCTC and and all other Orange County cities. Inter -City The Clerk presented a proposed Costa Mesa/Irvine/Newport Traffic Impact Beach/Santa Ana Inter -City Traffic Impact Mitigation MOU Memorandum of Understanding (MOU). Settlement of Mayor Buffa explained that the purpose of the MOU is an Small Claims effort by the aforementioned cities to address the In-house traffic impacts each city has on the other. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council MOU Approved in Member Glasgow, and carried 5-0, Council approved in Concept concept the intent of the MOU, and the City Manager and Ordinance 89-20 Council representatives to the Inter -City Liaison Given First Committee were directed to review program requirements Reading with other participating agencies, and submit the final MOU for full Council approval. CITY ATTORNEY The Assistant City Attorney presented an ordinance REPORT amending Section 2-189 of the Municipal Code authoriz- ing in-house settlement of small claims. Settlement of Small Claims The Assistant City Attorney explained that the ordinance In-house would authorize the City's Risk Manager to settle claims MOTION up to $1,000.00, with the concurrence of the City Resolution 89-159 Attorney. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 89-20 Member Amburgey, Ordinance 89-20, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading AMENDING COSTA MESA MUNICIPAL CODE SECTION 2-189 CONCERNING SETTLEMENT OF CERTAIN CLAIMS, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The Mayor presented a resolution concerning rates of pay REPORT for employees placed under the basic pay schedule and adding one classification outside the basic pay schedule. Employees Salaries Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about police/Council negotiations regarding police salaries. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Resolution 89-159 Council Member Amburgey, to adopt Resolution 89-159, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE BASIC PAY SCHEDULE AND ESTABLISHING THE RATES OF PAY FOR CLASSIFICATIONS AND 04PLOYEES PLACED UNDER THE BASIC PAY SCHEDULE, AND ADDING ONE CLASSIFICATION AND RATE OF PAY OUTSIDE THE BASIC PAY SCHEDULE. 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 MEMBERS COMMENTS Council Member Genis suggested that the Planning staff review standards for the R3 and R4 zones to determine R3 Standards if standards for R4 could be applied to R3, yet main- taining R3 density requirements. Vehicle Council Member Genis suggested investigating a program Identification in San Diego County whereby a sticker is placed on a Program vehicle and if that vehicle is on the road after a certain hour, it is an indication that the vehicle is stolen. 1 ADJOURNMENT The Mayor declared the meeting adjourned at 1:45 a.m. Mayor of the City sta Mesa ATTEST: G? ty Clerk of the City ofCos Mesa