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HomeMy WebLinkAbout11/06/1989 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 6, 1989 The City Council of the City of Costa Mesa, California, met in regular session November 6, 1989, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Kenneth Krause, St. Joachim Catholic Church. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle (Left at 7:25 p.m.) Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: Officials Present: None City Manager Allan Raeder Acting City Attorney Eleanor Frey Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris City Clerk Eileen Phinney ANNOUNCEMENT The Mayor announced that the closed session requested by the Acting City Attorney would be held prior to Oral Communications. MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council October 16 and Member Amburgey, and carried 5-0, the minutes of the 19, 1989 regular meeting of October 16, 1989, and the adjourned regular meeting of October 19, 1989, were approved as distributed. ORDINANCES A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, to read all ordinances by title only. PROCLAMATION Mayor Buffa declared the month of November, 1989, as Costa Mesa "Costa Mesa Recycles 189", and asked all residents to Recycles 189 support this effort by the Costa Mesa Sanitary District. The Mayor presented the proclamation to James A. Wahner, President of the Sanitary District Board of Directors, who introduced the other four Board Members: Orma 0. Crank, Robert Hanson, Harry Green, and James Ferryman. ADJOURNMENT TO At 6:40 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the fifth floor Conference Room to discuss pending litigation pursuant to Government Code Pending Litigation Section 54956.9(b). MEETING RECONVENED The Mayor reconvened the meeting at 7:25 p.m. Vice Mayor Left Vice Mayor Hornbuckle left the meeting after conclusion of the closed session. ORAL COMMUNICATIONS Carl Bureman, 447 Princeton Drive, Costa Mesa, Chairman of the Cable Television Committee, announced that on Cable TV Public Thursday, November 9, 1989, at 7:30 p.m., at the Neigh - Access Awards borhood Community Center, the first public access awards will be presented. 11 1615 Defective Street Carl Bureman reported that a street light on Swarthmore Light on Lane has been on for approximately one year, including Swarthmore Lane daylight hours. He stated that he contacted Southern California Edison Company several months ago, but noth- ing has been done. Mayor Buffa asked Mr. Bureman to contact the Public Services Director, giving him the exact location of the street light, so that the Director can discuss the problem with the Edison Company. Sidewalk on Carl Bureman spoke about the absence of a sidewalk in Harbor Boulevard front of Connell Chevrolet, 2828 Harbor Boulevard. (This matter was mentioned by Roy Andreen at the Council meeting of October 2, 1989.) Mr. Bureman reported that there has been no improvement at the site for safe pedestrian access. General Plan Carl Bureman was of the opinion that the present General Update Plan is satisfactory and hoped there would not be too many amendments. est Side Janice Davidson, 1982 Arnold Avenue, Costa Mesa, Problems referred to the murder which happened a few weeks ago on Wallace Avenue, and reported that since then, two stabbings and a hit-and-run occurred in her neighbor- hood. She told of a man beating a young child at Rea Community Center. Ms. Davidson requested Council's immediate help in cleaning up the west side. Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, stated that there have been problems at the shelter for homeless families where the aforementioned murder occurred. He reported on the number of times police and fire personnel have been called to the shelter, and sug- gested a City investigation of that operation. He stated that residents are tired of the trash in the streets, people sleeping on lawns and in campers, and the drug dealers and addicts. Mr. Goldstein contended that the residence at 1980 Wallace Avenue is a known rock house, and he wanted the City to do something to resolve these problems in his neighborhood. Mayor Buffa suggested sending Code Enforcement Officers to that area to see if people are living in campers. Phil Morello, 592 Hamilton Street, Apt. C, Costa Mesa, reported that there have been other incidents occurring on Wallace Avenue which cause him concern. Mr. Morello stated that approximately one month ago, 12 or 14 addresses of properties which need to have graffiti removed were submitted at the Placentia Avenue Police Substation; however, nothing has been done. Mayor Buffa asked that Mr. Morello submit a copy of that list to the City Manager. Mr. Morello mentioned stabbings which occurred at 2019 Wallace Avenue and at Wilson Street/Pomona Avenue. Mr. Morello expressed his disappointment in the City's not responding to the complaints of the west side residents. Scott Mather, 1115 Corona Lane, Costa Mesa, Chair of the Orange Coast Interfaith Shelter where the shooting took place, reported that the shelter has been at the Wallace Avenue location for four years, and he is constantly trying to upgrade the site and keep it clean. Mr. Mather commented that the many police responses are because of calls originating from the shelter to report crimes in the area, and he emphasized that the shelter is not the cause of crime in the neighborhood. s At the request of Council Member Amburgey, Mr. Mather explained the operation of the shelter. He reported that clients are accepted on a reservation basis and are usually referred to the shelter by other social service agencies and churches. He stated that families with children are given priority, and the usual stay is 60 days although they do have a few clients on a 7 -day program. POLICE OFFICERS Mayor Buffa introduced two members of the Costa Mesa COMMENDED Police Department, Senior Police Officer Karl Schuler and Police Officer Michael Cohen who were recently commended by MADD (Mothers Against Drunk Driving). The Mayor reported that during one 12 -week assignment to the City's Driving Under the Influence Detail, these two officers arrested 430 drunk drivers and of that number, there was a 95 percent conviction rate. Senior Police Officer Schuler stated that the success of the City's Driving Under the Influence Detail is a result of team effort on the part of the entire department. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 9(e), Contract award for Installation of a Monument Sign and Other Improvements at the Donald Dungan Library; and Item 16(a) Notice of Completion for the 19th Street Widening frcm Park Avenue to Anaheim Avenue. On motion by Council Member Amburgey, seconded by Coun- cil Member Glasgow, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow Street Sweeping on A petition with signatures of 11 residents on Del Rio Del Rio Circle Circle was received requesting no -parking for street sweeping purposes. On motion by Council Member MOTION/Referred Amburgey, seconded by Council Member Glasgow, and to Transportation carried 4-0, the petition was referred to the Trans - Commission portation Commission. READING FOLDER On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Michael A. Ayres; Jesus Valencia Billa; Choice Entertainment; Teresa Hernandez; Timothy and Sheilah Lynch; Joan Montgomery; Mary E. Rossi; Marie Russi; Shirley A. Symonds; Lauretta M. Weichman; John M. Wells; David P. Wheeler; and Patrick W. Wiesen. [1 NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle WRITTEN COMMUNICATIONS On motion by Council Member Amburgey, seconded by Coun- cil Member Glasgow, Resolution 89-178, A RESOLUTION OF Records THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Destruction AUTHORIZING RECORDS DESTRUCTION FOR THE POLICE DEPART - for Police MENT 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, Amburgey, Genis, Resolution 89-178 Glasgow Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Street Sweeping on A petition with signatures of 11 residents on Del Rio Del Rio Circle Circle was received requesting no -parking for street sweeping purposes. On motion by Council Member MOTION/Referred Amburgey, seconded by Council Member Glasgow, and to Transportation carried 4-0, the petition was referred to the Trans - Commission portation Commission. READING FOLDER On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Michael A. Ayres; Jesus Valencia Billa; Choice Entertainment; Teresa Hernandez; Timothy and Sheilah Lynch; Joan Montgomery; Mary E. Rossi; Marie Russi; Shirley A. Symonds; Lauretta M. Weichman; John M. Wells; David P. Wheeler; and Patrick W. Wiesen. [1 .7 Alcoholic Alcoholic Beverage.Licenses for which parking has been Beverage approved by the Planning Division: Fujiko and Shotaro Licenses J. Abe, doing business as Shonoya, 891 Baker Street, Unit B15; Diro, Incorporated, doing business as RW's Crab Hideout, 3180 Airway Avenue; Iftikhar-Ahmad Khan and Surendra K. Penatch, doing business at 1085 Baker Street; Raed Hassan Ras and Dalal 0. Shalabi, doing business at 1031 E1 Camino Drive; Cable TV Resolution from the City of Seal Beach relative to Legislation Federal cable legislation, local authority and cable subscriber protection. 1990 Census Resolution from the City of Westminster supporting the concept of counting everyone in the 1990 census with- out regard to citizenship status. Traffic Petition containing 15 signatures of Colby Place resi- Problems on dents, requesting that the City complete the wall and Colby Place fill in the access way from Fair Drive to Colby Place to reduce parking and foot traffic, because the open- ing in the south wall provides easy access to the Mediterranean Apartments. A report from the Deputy City Manager/Develop[nent Services dated November 1, 1989, regarding the afore- mentioned petition. Zone for Mobile Communications from Costa Mesa residents requesting Home Parks Council to establish a zone for mobile home parks: Ed and Leah Dinger, 1750 Wittier Avenue, Space 5; Doug Friz, 1626 Newport Boulevard, Space 21; Rene Smith, Island View Mobile Home Park, 1660 %iittier Avenue, Space 32; and Petition containing 136 signatures submitted by the President of the Regal Club Mobile Home Park, 1846 Monrovia Avenue BUSINESS PERMIT Notice of Intention to appeal or solicit for charitable purpose was received from Jewish War Veterans USA, 851 Jewish War Presidio Drive, Costa Mesa, by soliciting donations in Veterans USA exchange for artificial poppies from November 4 through 11, 1989. On motion by Council Member Amburgey; MOTION seconded by Council Member Glasgow, and carried 4-0, the Permit Approved permit was approved with application of Municipal Code Section 9-229. WARRANTS A motion was made by Council Member Amburgey, seconded by Council Member Glasgow, to approve the following MOTION Warrant Resolutions: No. 1445, including Payroll 8920; Warrants 1445, No. 1446; and No. 1447, including Payroll 8921. The 1446, and 1447 motion carried by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle CLAIMS On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 4-0, the following claims MOTION were rejected: Claims Rejected Wallace Landholm; Claudia Muller-Stach; z ADMINISTRATIVE ACTIONS Bid Item 868 Fertilizer MOTION Awarded to Western Farm Service Bid Item 870 Street Sweeper/ Vacuum MOTION Awarded to Public Works, Incorporated Bid Item 871 Aerial Lift MOTION Awarded to Bebco Police Tow Services MOTION Awarded to Harbor Towing and G & W Towing Pacific Bell -Nos. JF946-0385, JF946-0386; JF946-0512, and JF946-0514; Carla Ray; Katheen and Michael Seminatore; and Hsiu Chih, Kai, and Pei Wang. Bids received for Bid Item 868, 20 Tons of Fertilizer, are on file in the Clerk's office. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the contract was awarded to Western Farm Service, 1015 Linda Vista Drive, Building B, San Marcos, for $6,190.40. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Bids received for Bid Item 870, One Street Sweeper/ Vacuum, are on file in the Clerk's office. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the contract was awarded to Public Works, Incorporated, 29 North Olive Street, Ventura, for $84,047.40. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Bids received for Bid Item 871, One Aerial Lift, are on file in the Clerk's office. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the con- tract was awarded to Bebco, 197 Vernon Way, El Cajon, for $24,584.58. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Bids received for Police Tow Services are on file in the Clerk's office. On motion by Council Member Amburgey, seconded by Council Member Glasgow, contracts were awarded to Rushco Enterprises, Incorporated, doing busi- ness as Harbor Towing, 964 West 17th Street, Costa Mesa, and to G & W Towing, Incorporated, 955 West 18th Street, Costa Mesa. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Purchase of Radio Staff requested approval to purchase radio equipment Equipment from for the Police Department for $7,233.48 from sole source Motorola vendor, Motorola, Incorporated, 790 The City Drive, Nexus Square, Suite 150, Orange. On motion by Council MOTION Member Amburgey, seconded by Council Member Glasgow, the Purchase purchase was approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle 1 Professional Staff requested approval of a professional services Services Contract contract with sole source vendor, Bristol Park Medical with Bristol Park Group, 722 Baker Street, Costa Mesa, to provide physical Medical Group examinations for 30 City executives at $400.00 each, for a total of $12,000.00. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the con - MOTION tract was approved by the following roll call vote: Contract AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Approved Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Purchase of Computer Staff requested approval to purchase a computer system System from Apple for the Fire Department for $16,898.84 from sole source Support Services vendor, Apple Support Services, in care of Apple Computer, Incorporated, 904 Caribbean Drive, Sunnyvale. MOTION On motion by Council Member Amburgey, seconded by Purchase Council Member Glasgow, the purchase was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Refund to Co -Well A request for refund of building permit fees totaling Contractors $5,551.60 was received from Co -Well Contractors, Incor- porated, 3554 Business Park Drive, Suite F, Costa Mesa, MOTION because construction at 3570 Hyland Avenue was cancelled Refund Approved by the developer. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the refund was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None do ABSENT: COUNCIL MEMBERS: Hornbuckle Change Order "A" Staff requested approval of Change Order "A" for W. L. Hartman and $20,000..00 to the Construction Management Services Associates contract for the Harbor/Maple Storm Drain - Phase II with W. L. Hartman and Associates, 15520 Rockfield Management Services Boulevard, Suite 120-A, Irvine, for additional inspec- for Harbor/Maple tion required to accelerate construction. On motion Storm Drain by Council Member Amburgey, seconded by Council Member Glasgow, the change order was approved by the following MOTION roll call vote: Change Order AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Approved Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Change Order No. 10 Staff requested approval of Change Order No. 10 for Valley Crest Land- $6,756.00 to the contract with Valley Crest Landscaping, scaping Incorporated, 1920 South Yale Street, Santa Ana, for additional work required for Fairview Park, Phase I. On Fairview Park, motion by Council Member Amburgey, seconded by Council Phase I Member Glasgow, the change order was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Change Order Glasgow Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Change Order No. 1 Ryco Construction Fairview Road Slope Improvements Staff requested,approval of Change Order No. 1 for $2,858.30 to the contract with Ryco Construction Company, Post Office Box 327, Gardena, because of the need to change the power source for the irrigation controller. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the change order MOTION was approved by the following roll call vote: Change Order AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Approved Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Change Order "E" Staff recommended approval of Change Order "E" for Norris-Repke $4,930.00 to the contract with Norris-Repke, Incorpor- Bid Item 845 ated, 2882 Walnut Avenue, Suite A, Tustin, for design of, North Costa Mesa the Rehabilitation of Bristol Street, Bear Street, and = Street Improvements Sunflower Avenue. Change Order "C" added the accelera- Analysis; and tion lane on the south side of Sunflower Avenue; Change MOTION Order "E" now adds the Bristol Street/Sunflower Avenue Change Order intersection. On motion by Council Member Amburgey, Approved seconded by Council Member Glasgow, the change order was MOTION approved by the following roll call vote: Agreement and AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Adjustment Glasgow Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Budget Adjustment On motion by Council Member Amburgey, seconded by Coun- No. 90-29 cil Member Glasgow, Budget Adjustment No. 90-29 for $1,062,715.00, to appropriate additional tax proceeds in Taxes in Excess of excess of the appropriation limit for Fiscal Year 1988- 1988-89 Appropria- 89, was approved by the following roll call vote: tion Limit AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow MOTION NOES: COUNCIL MEMBERS: None Adjustment Approved ABSENT: COUNCIL MEMBERS: Hornbuckle Notice of Completion Bid Item 845, Remove Two Underground Petroleum Storage Tank Protect Engi- Tanks and Install One New Tank at Fire Station No. 3, neering has been completed to the satisfaction of the Director David M. Griffith of Public Services by Tank Protect Engineering, Incor- Bid Item 845 porated, 1963 North Main Street, Orange. On motion by Remove and Install Council Member Amburgey, seconded by Council Member Storage Tanks Glasgow, the improvements were accepted; the Clerk was Analysis; and authorized to file a Notice of Completion; authorization MOTION was given to release retention funds 35 days thereafter; Improvements the Labor and Material Bond was ordered exonerated 7 Accepted months thereafter; and the Performance bond was ordered MOTION exonerated 12 months thereafter. The motion carried by Agreement and the following roll call vote: Adjustment AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Approved Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Agreement with Staff recommended approval of an agreement with David M. David M. Griffith Griffith and Associates, Limited, 12509 Oxford Street, Suite A, North Hollywood, for $35,000.00, to perform an Update OMB A-87 update of the Office of Management and Budget (OMB) A-87 Plan and User Fee Cost Allocation Plan and User Fee Analysis. Staff also Analysis; and requested approval of Budget Adjustment No. 90-27 for Budget Adjustment $45,000.00. On motion by Council Member Amburgey, No. 90-27 seconded by Council Member Glasgow, the agreement was approved, and the Mayor and Clerk were authorized to MOTION sign on behalf of the City. The motion carried by the Agreement and following roll call vote: Adjustment AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Approved Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Agreement with The City Manager requested authority to negotiate an Donald Krotee for agreement with The Donald Krotee Partnership, 515 Shalimar Drive North Main Street, Suite 200, Santa Ana, for consult - Rehabilitation ing services in connection with the Shalimar Drive 1 Rehabilitation Project. On motion by Council Member MOTION Amburgey, seconded by Council Member Glasgow, the City Authorized City Manager was authorized to negotiate an agreement for Manager to professional civil engineering services in an amount Negotiate an not to exceed $30,000.00. The motion carried by the Agreement following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Tax Transfer for A motion was made by Council Member Amburgey, seconded Santa Ana No. 3 by Council Member Glasgow, to adopt Resolution 89-179, A Annexation RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONFIRMING THE APPLICATION OF THE MOTION MASTER PROPERTY TAX TRANSFER AGREEMENT FOR THE PROPOSED Resolution 89-179 SANTA ANA NO. 3 ANNEXATION, for property located at Adopted 2016 Santa Ana Avenue. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Approving County Health Care Agency as Local Enforce- ment Agency MOTION Resolution 89-180 Adopted Mastercard Agree- ment with Security Pacific National Bank MOTION Resolution 89-181 Adopted Final Parcel Map S-88-187 Segerstrom MOTION Map Approved On motion by Council Member Amburgey, seconded by Coun- cil Member Glasgow, Resolution 89-180, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE ACTION OF THE ORANGE COUNTY BOARD OF SUPERVISORS DESIGNATING THE ORANGE COUNTY HEALTH CARE AGENCY AS THE LOCAL ENFORCEMENT AGENCY (LEA) TO CARRY OUT THE PROVISIONS OF THE Z'BERG-KAPILOFF SOLID WASTE CONTROL ACT OF 1976, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle On motion by Council Member Amburgey, seconded by Coun- cil Member Glasgow, Resolution 89-181, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING EXECUTION OF A MASTERCARD AGREEMENT WITH SECURITY PACIFIC NATIONAL BANK AND AUTHORIZING LIMITED INDEBTEDNESS THEREOF, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Staff recommended approval of Final Parcel Map S-88-187, C. J. Segerstrom and Sons, developer, 3315 Fairview Road, Costa Mesa; 2 lots, 10.05 acres, located at 601 Town Center Drive, for office building and hotel pur- poses. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the map was approved, and approval was given pursuant to the provisions of Section 66436(a)(3)(A) of the Subdivision Map Act. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Widening of Fairview Staff recommended a revision to the payment of retention Road at the I-405 by funds to Kasler Corporation, Post Office Box 387, San Kasler Corporation Bernardino, for Widening of the Fairview Road Overcross- ing at the I-405 Freeway. A motion was made by Council .,4.s r s1+ „1.. 3 MOTION Member Amburgey, seconded by Council Member Glasgow, Retention Require- revising the payment retention requirement from 10 per- ment Reduced to 5 cent to 5 percent of the total project cost to date. Percent The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Conference On motion by Council Member Amburgey, seconded by Coun- Advance cil Member Glasgow, a Conference Advance for $600.00, for a police officer to attend the Advanced Traffic MOTION Investigation/Skid School in Pittsburg, California, Advance Approved November 26 to December 2, 1989, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Contract with Item 9(e) on the Consent Calendar was presented: Con - Brandt Develop- tract award to Brandt Development, Limited, to Install ment for Donald a Monument Sign and Other Improvements at the Donald Dungan Library Dungan Library. Improvements On motion by Council Member Glasgow, seconded by Council MOTION/Removed Member Amburgey, and carried 4-0, this item was removed from Agenda from the Agenda as requested by the City Manager. Notice of Completion Item 16(a) on the Consent Calendar was presented: Com - 19th Street Widening pletion of the 19th Street Widening from Park Avenue to . - Fecit Strata Anaheim Avenue by Fecit Strata Construction Company, Construction 10727 Leland Avenue, Whittier. Council Member Genis referred to staff's recommendation relating to release of retention funds, stating that she wanted confirmation that retention funds would not be released until all parties who had filed Stop Notices had been paid by the contractor. The Director of Public Services reported that no money would be released until the Stop Notices were cleared. Council Member Amburgey was not comfortable with the recommendation concerning release of funds, and the Acting City Attorney suggested a slight modification. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -89-39 set for the public hearing to consider an appeal of the Koenigshofer Planning Commission's denial of Planning Action PA -89-39 from George Koenigshofer, 169 Merrill Place, Costa Mesa, The City Manager suggested that Council authorize filing the Notice of Completion, and by the next meeting on November 20, the Public Services Director and Acting City Attorney could provide a recommendation for release of retention funds. MOTION Work Accepted; On motion by Council Member Genis, seconded by Council Notice of Comple- Member Amburgey, the improvements were accepted; the tion Authorized; Clerk was authorized to file a Notice of Completion; Release of Reten- and the issue relating to release of retention funds tion Funds was referred back to staff. The motion carried by the Referred Back to following roll call vote: Staff AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -89-39 set for the public hearing to consider an appeal of the Koenigshofer Planning Commission's denial of Planning Action PA -89-39 from George Koenigshofer, 169 Merrill Place, Costa Mesa, for variances from covered parking (one space per unit required; none proposed for Unit 'W) and driveway width requirements (16 feet required; 10 feet proposed), in conjunction with conversion of a two -unit apartment project to condominiums at 169 Merrill Place, in an R2 zone. Environmental Determination: Exempt. The Affi- davit of Mailing is on file in the Clerk's office. A communication was received from Gary James, 2114 Elden Avenue, Costa Mesa, opposed to granting the variances. The Deputy City Manager/Development Services summarized staff's memorandum dated October 30, 1989, reporting that since the Planning Commission meeting on October 9, 1989, the applicant has been working with the Transpor- tation Services Division and has eliminated the need for the variance from covered parking requirements; there- fore, only consideration of the variance from driveway width remains. The Deputy City Manager stated that staff supported the variance for a 10 -foot access based on a special circumstance created by the lot's sub- standard width. Council Member Amburgey suggested that if the planters on each side of the driveway were eliminated, a wider access could be provided. The applicant, George Koenigshofer, mentioned that a variance from driveway width had been granted to another similar site, and staff has indicated that a 10 -foot driveway would be appropriate for his property. In reference to Council Member Amburgey's suggestion to do away with the planters, the applicant felt that the additional driveway width would serve no useful purpose and that the planters would provide a more pleasing view. Mr. Koenigshofer reported that rehabilitation of the existing older house at the front of the site would not alter the new parking plans. He submitted three letters from adjacent property owners who supported his project. Council Member Genis voiced concern about the location of the new chimney, and Mr. Koenigshofer replied that the chimney could be relocated or eliminated if neces- sary. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Glasgow, seconded PA -89-39 by Council Member Amburgey, to approve PA -89-39, includ- Approved ing a variance for a driveway width of 10 feet, based on staff's analysis and findings, and subject to condi- tions contained in the Staff Report. Council Member Genis stated that she could support the motion if the fireplace were moved because she believed the chimney is an additional intrusion, and since the applicant reported that it could be relocated, she would prefer that he do so. AMENDED MOTION After discussion, Council Member Glasgow amended his Directed Relocation motion by directing the applicant to relocate the fire - of Fireplace place away from the driveway area. The amended motion was seconded by Council Member Amburgey, and carried 3-1, Mayor Buffa voting no. y_0L- PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -89-91 set for the public hearing to consider an appeal of Coute' the Planning Commission's denial of variances frcm open space and rear yard setback requirements from Benjamin B. Coute', 16211 South Downey Avenue, Unit 2, Paramount, authorized agent for John J. Coute', 163 East 22nd Street, Costa Mesa, for Planning Action PA -89-91, for variances from rear yard setback (20 feet required, 12 feet proposed); driveway width (16 feet required, 12 feet proposed); open space (40 percent required, 38 percent proposed); and fence setback (22 feet from existing property line required, 10 feet proposed), to construct a second unit on a lot with an existing residence at 163 East 22nd Street, in an R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services showed slides of the subject site and summarized staff's memorandum dated October 30, 1989. He reported that this project had previously been approved, but because of a family illness, the applicant was not able to exercise his right to develop the project during the one-year time period; and to compound the situation, last May, the residential code setback standards were changed and the applicant must now reapply for the variance. The Deputy City Manager pointed out that during review of the project for these variances, it became apparent that the existing unit actually con- tains two bedrooms, not one bedroom. The authorized agent, Ben Coute', stated that he and the applicant have been attempting to redesign the project to comply; however, the extensive changes which would be necessary were too costly. Mr. Coute' referred to slides of the property and floor plans. Council Member Genis stated that she could not find any unusual circumstances applying to this property, in comparison to others in the neighborhood, which would support granting the variances. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Amburgey, seconded Upheld the Planning by Council Member Glasgow, to uphold the Planning Commission's Commission's decision denying variances from open space Decision to Deny and rear yard setback requirements. The motion carried Two Variances 3-1, Mayor Buffa voting no. RECESS The Mayor declared a recess at 8:25 p.m., and the meet- ing reconvened at 8:35 p.m. OLD BUSINESS The Clerk presented Ordinance 85-11 for second reading R-85-05 and adoption. The ordinance changes the zoning of Papineau property at 135 and 139 Rochester Street from CL and R2 to R3, in connection with Rezone Petition R-85-05 for William Papineau, 1610 Placentia Avenue, Costa Mesa. The Deputy City Manager/Development Services explained that the ordinance should have been given second reading after the Reciprocal Access Agreement and Land Use Restriction were recorded, and building permits issued. However, due to an oversight, the ordinance was not brought back to Council for adoption and the project has been completed and occupied. L5 Council Member Genis asked if the acoustical analysis had been prepared for the proposed development as described in the Environmental Evaluation. The Deputy City Manager responded that he could not confirm that the analysis had been submitted. MOTION A motion was made by Council Member Amburgey, seconded Ordinance 85-11 by Council Member Glasgow, to give second reading and Adopted adopt Ordinance 85-11, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 21, 22, 23, AND 24 OF TRACT 279 FROM CL AND R2 TO R3. Council Member Genis made a substitute motion to continue this item until staff can determine that the acoustical analysis had actually been submitted; how- ever, after the Deputy City Manager found that the analysis had been provided, she withdrew her substitute motion.. The motion to adopt Ordinance 85-11 carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle OLD BUSINESS the Clerk presented Ordinance 89-29 for second reading R-89-04 and adoption. The ordinance changes the zoning at Southern 2345 and 2359 Newport Boulevard from R2 to R4 in California connection with Rezone Petition R-89-04, for Southern College California College, 55 Fair Drive, Costa Mesa. Herbert Smith, 3463 Windsor Court, Costa Mesa, Chief Financial Officer for the college, spoke in support of the rezone. MOTION On motion by Council Member Amburgey, seconded by Coun- Ordinance 89-29 cil Member Genis, Ordinance 89-29, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT 2345 AND 2359 NEWPORT BOULEVARD FROM R2 TO R4, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle NEW BUSINESS The Clerk presented a request from Hossein Nabati, West Coast Cab's President of West Coast Transportation Network, Incor- Request to Change porated, 941 North Santiago Street, Santa Ana, to Logo Trailed change the company logo for West Coast Cab Company. The applicant was not present; therefore, this item was trailed. CITY MANAGER The City Manager presented revisions to Council Policy REPORT 300-2, Auto and Severance Policy; and Council Policy Council Policies 300-4, Part-time Employees Benefit Program. 300-2 and 300-4 The City Manager summarized a memorandum from the Personnel Services Director dated October 30, 1989, explaining that in Policy 300-2, the City Manager and City Attorney are referenced as named individuals; the new policy.changes that to the name of the classifica- tion and updates and clarifies the automobile allowance provisions. He also mentioned that Amended Policy 300-2 increases the automobile allowance for Department Heads from $200.00 to $300.00 per month. 1; 5IS r.. J' The City Manager discussed the revision to Policy 300-4 which would allow for a maximum accrual of 84 hours of leave for part-time employees. He stated that once this level is reached, any additional accrual would be paid at the time earned and at the rate of pay earned. MOTION A motion was made by Council Member Amburgey, seconded Revised Policies by Council Member Glasgow, to adopt revised Council 300-2 and 300-4 Policies 300-2 and 300-4, with amendments to Policy Adopted 300-2: Page 1, Change Paragraph A to read: "As the City Attorney and City Manager are "at will" employees employed at the pleasure of the City Council, they shall be afforded six months of compensation at the rate in effect at the time their employment would be terminated based on action by the City Council. This six months' compensation shall be in addition to any accrued vacation benefits. The purpose of this severance policy is to provide additional compensa- tion should employment be terminated by action of the City Council only and is not applicable should the City Attorney or City Manager voluntarily resign, retire or die while employed. The City Attorney and City Manager will provide the City Council with thirty -day notice should they voluntarily submit their resignations". (Changes are underlined.) The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle CITY MANAGER The City Manager presented Police Department Civiliani- REPORT zation - Early Retirement Incentive Program. He summar- Police Personnel ized his memorandum dated October 31, 1989, reporting Early Retirement that this program is designed to enable the City to more Incentive Program expeditiously implement the program by allowing those police officers who meet certain criteria to retire at an earlier date with full benefits. He explained that the funding for the program is made up in the difference between the salary and benefits being paid to the officer at the time of retirement and that being paid to the new employee. The City Manager emphasized that the program is not mandatory, and provides that any and all sworn Police personnel meeting the following criteria are eligible for participation: 1. Have completed 20 years of service in the City's Safety Retirement System; 2. Have attained age 50 by November 1, 1989; 3. Are within 5 years of maximum retirement bene- fits; 4. Have applied to the City's Personnel Department f -r program participation prior to December 31, 1989. The City Manager read the findings for the program: 1. The program, as presented, accomplishes the desired goals related to civilianization. L5m I 2. The program is nondiscriminatory and would be offered to all who meet the minimum criteria. 3. The program requires no new funding, as all premiums for the first year are to be paid from funds already within the Department's budget. MOTION A motion was made by Council Member Amburgey, seconded Program Approved; by Council Member Glasgow, to approve the program and City Manager authorizing the City Manager to implement the plan by Authorized to negotiating individual programs. The motion carried by Implement Program the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle NEW BUSINESS The Mayor presented from earlier in the meeting, a West Coast Cab's request from West Coast Transportation Network, Incor- Request to Change porated, to change the company logo for West Coast Lego Cab Company. The applicant was not present. The City Manager stated that he was not sure the applicant was aware that his presence would be required. MOTION On motion by -,Council Member Glasgow, seconded by Council Request Approved Member Genis, and carried 4-0, the request to change the logo was approved. CITY MANAGER On behalf of his office and the Police Department, the COMMENTS City Manager thanked the Council for attending the MADD (Mothers Against Drunk Driving) dinner at which Thanked Council Costa Mesa Police Officers were honored. for Attending MADD and United He also thanked Council Member Amburgey for attending Way Dinners the employees United Way dinner last Friday evening. COUNCIL MEMBERS Council Member Genis suggested changing the City's COMMENTS requirements so that taxi cab companies would not need Taxi Cab Lagos Council's permission to change their logos. Cable TV Public Council Member Genis reminded the public that the Cable Access Awards Television Committee will be presenting public access awards on November 9, 1989, at 7:30 p.m., at the Neigh- borhood Community Center, and the program will be shown on Channel 62. Televised Council Council Member Genis mentioned that there were some Meeting on technical difficulties which prevented the public from November 1, 1989 viewing a portion of the Council meeting of November 1, 1989, and she has been -receiving requests from the public to view the tape. The City Manager reported that permission has been received to pre-empt another program, and the meeting of November 1 will be shown again. Advertisements Council Member Genis reported that she has twice been awakened in the middle of the night by her dog's bark- ing because someone was placing advertisements on or near her front door. She recommended that these advertisers perform the activity during daytime hours, and suggested that regulation by the City may be appropriate. Speed Humps on Council Member Amburgey reported that he had the Country Club Drive opportunity to drive on Country Club Drive where speed Election Day November 7, 1989 humps were recently installed. He stated that based on his experience, the public will be well aware that they must drive slowly on this street. Council Member Amburgey mentioned that he received a call from Superior Court Judge McCartin who was not happy with the speed humps. Council Member Amburgey mentioned that November 7 is Election Day, and spoke about Measure "M" concerning an additional sales tax for transportation improvements. Mayor Buffa urged everyone to vote on November 7, stat- ing that Measure "M" and School Board races are very important issues. Earthquake Mayor Buffa announced that on November 13, 1989, at Seminar 6:30 p.m., an Earthquake Seminar will be held at the Neighborhood Community Center, and he urged citizens to attend. Police Officers Mayor Buffa referred to the earlier introduction of Honored by MADD two Costa Mesa police officers who were commended by MADD (Mothers Against Drunk Driving) for having the most driving -under -the -influence arrests, and he wanted to provide more information on the Century Club, established by MADD, for officers who have each arrested 100 drunk drivers or more. He reported that from all of Orange County, there are 22 officers from 29 cities in that club, and of the 22 officers, 8 officers are from Costa Mesa. Along with the two officers introduced earlier, Karl Schuler and Michael Cohen, the Mayor commended the other six officers: Martin Carver, Vernon Hupp, Lester Gogerty, Scott May, Steven Rautus, Michael Zangger. ADJOURNMENT The Mayor declared the meeting adjourned at 9:05 p.m. Mayor of the Cit Costa Mesa ATTEST: 11 City Clerk of the. CiAoftM