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HomeMy WebLinkAbout01/02/1990 - City Council5® REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 2, 1990 The City Council of the City of Costa Mesa, California, met in regular session January 2, 1990, 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 Chaplain Floyd Sellers, Hoag Memorial Hospital - Presbyterian. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Anburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: 'None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Assistant Development Services Director/Planning Perry Valantine Public Services Director William Morris Intergovernmental Relations Officer Cheryl Friedling City Clerk Eileen Phinney Police Chief Dave Snowden MINUTES On motion by Vice Mayor-Hornbuckle, seconded by Council December 4, 11, Member Amburgey, and carried -5-0, the minutes of the and 18, 1989 regular meeting of December 4, 1989, the adjourned meeting of December 11, 1989, and the regular meeting of December 18, 1989, were approved as distributed. ORDINANCES A motion was made by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. PRESENTATION Scott Payne, Assistant Recreation Supervisor, introduced California School the coach and members of the California Elementary Boys Flag Football School Boys "C" Division (third and fourth graders) Flag Team Football Team, who were the orange County Division champions. The plaque which the team received from the County was presented to Mayor Buffa. ORAL COMMUNICATIONS Retired Costa Mesa Police Lieutenant John Regan thanked the Council and citizens for the privilege of having Comments from served the City for the past 28 years. He commended the Lieutenant Regan Personnel Services Director on the efficient manner in which his retirement process was conducted. Problems on Palace Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, Avenue reported that the conditions on Palace Avenue have not improved since his complaint at the Council meeting of December 4, 1989. He stated that the automotive service business being conducted at 1971 Wallace Avenue is blocking access on Palace Avenue by storing dismantled vehicles. Mr. Goldstein reported that the chain link fence of another business protrudes onto Palace Avenue. Mayor Buffa requested a report from Code Enforcement staff. The City Manager offered to provide a report on the number of citations issued for illegal parking on Palace Avenue. j,25 Malathion Neva Duyndam, 163 Magnolia Street, Costa Mesa, expressed. Spraying her concern about spraying of malathion to eliminate the medfly (Mediterranean fruit fly). She commented that even though Costa Mesa has not been affected yet, she wanted to know if Council had any information on whether malathion could be harmful. Vice Mayor Hornbuckle responded that she recently received information about malathion but has not had the opportunity to.review it. She stated that she would provide the Council with copies of the data she has obtained. Traffic Task Sid Soffer, 900 Arbor Street, Costa Mesa, referred to Force his recent suggestion to form a Traffic Task Force to assist in alleviating traffic problems and to synchro- nize traffic signals. Mayor Buffa suggested that Mr. Soffer make a written request to the City Manager to have this matter placed on a Council Study Session Agenda. The City Manager stated that he would provide Mr. Soffer with a Committee Formation Application. CONSENT CALENDAR The following item was removed from the Consent Calendar: Item 8(c), Bid Item No. 874, Two Trucks. On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Connie Brazell; Michael C. Paskerian; Pacific Bell No. CF946-0624; Cindy L. Trembley; and Richard E. Willson. Orange County Communication from Orange County Model Engineers, Model Engineers Incorporated, Post Office Box 3216, Costa Mesa, requesting City assistance in completing Phase I of its facility at Fairview Park. BUSINESS PER14IT Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Costa Mesa Spanish Seventh Costa Mesa Spanish Day Adventist Church, 271 Avocado Street, Costa Mesa, Seventh Day by soliciting funds at places of business from December Adventist Church 1 through 31, 1989. On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, and carried 5-0, MOTION the permit was approved with application of Municipal Permit Approved Code Section 9-229. SET FOR PUBLIC On motion by Vice Mayor Hornbuckle, seconded by Council HARING Member Glasgow, and carried 5-0, the following item Home Occupation was set for public hearing on January 15, 1990, at Standards 6:30 p.m., in the Council Chambers of City Hall: MOTION An ordinance amending Title 13 of the Costa Mesa Hearing Set for Municipal Code regarding home occupation standards. January 15, 1990 Environmental Determination: Exempt. WARRANTS A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, to approve Warrant Resolution MOTION 1451, including Payroll 8925; Warrant Resolution 1452, Warrants 1451, including Payroll 8926; and Warrant Resolution 1453. 1452, and 1453 The motion carried by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL M124BERS: None REJECTED CLAIM On motion by Vice Mayor Hornbuckle, seconded by Council Arruda Member Glasgow, and carried 5-0, the claim from Larry Arruda was rejected. ADMINISTRATIVE ACTIONS Bid Item 869 Signs for Civic Center MOTION Awarded to Federal Sign Bid Item 872 Six Trucks MOTION Awarded to Fuller Ford; De Anza Chevrolet; and Guaranty Chevrolet One bid received for Bid Item No. 869, Signs for the Costa Mesa Civic Center, is on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, the contract was awarded to Federal Sign, 3210 Croddy Way, Santa Ana, for $23,154.32. 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 Bids received for Bid Item No. 872, Six Trucks, are on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, contracts were awarded as follows: Exhibit "A", One 1990 Ford Econoline E350; Fuller Ford, 760 Broadway, Chula Vista; $14,048.69. Exhibit "B", One 1990 Chevrolet Van; De Anza Chevrolet Company, Incorporated, 8200 Auto Drive, Riverside; $14,100.92. Exhibits "C" and "D" were not awarded at this time. Exhibit "E", Two 1990 Chevrolet Fleetside Heavy Duty Pick-up Trucks; Guaranty Chevrolet, Incorporated, 711 East 17th Street, Santa Ana; $26,146.34. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 877 Bids received for Bid Item No. 877, Five Motorcycles, Five Motorcycles are on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, MOTION the contract was awarded to Champion Motorcycles, Awarded to Incorporated, 1590 Newport Boulevard, Costa Mesa, for Champion $28,429.20. The motion carried by the following roll Motorcycles call vote: AYES:. COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 878 Bids received for Bid Item No. 878, Trees, are on Trees file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, MOTION contracts were awarded as follows: Awarded to Arbor Nursery and Arbor Nursery, Incorporated, Post Office Box 273, Varela's Nursery Azusa: 1 y53 ... �� •tel. Exhibit "A", 25 Liquidambar Styraciflua, 24 -inch box, $2,390.63; Exhibit "C", 18 Tristania Conferta, 24 -inch box, $1,721.25; Exhibit "E", 4 Melalueca Luecadendron (standard), 24 -inch box, $361.25. Varela's Nursery, Post Office Box 313, Cerritos: Exhibit "B", 20 Pyrus Calleryana Bradford, 24 -inch box, $2,018.75; Exhibit "D", 8 Pinus Canariensis, 24 -inch box, $807.50; Exhibit "F", 8 Podocarpus Gracilior, 24 -inch box, $807.50. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 879 Bids received for Bid Item No. 879, Carpeting for the Carpeting for First Floor of City Hall, are on file in the Clerk's City Hall office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, the contract was awarded to MOTION Custom Floors, Incorporated, 13902 Seaboard Circle, Awarded to Garden Grove, for $31,570.00. The motion carried by Custom Floors the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Adams/Placentia Bids received for Improvements on Adams Avenue at Improvements Placentia Avenue (right -turn pocket on eastbound Adams (Right -turn Pocket) Avenue)'are on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member MOTION Glasgow, the contract was awarded to Nobest, Incorpor- Awarded to ated, Post Office Box 874, Westminster, for $175,626.60. Nobest 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 Monument Sign and Bids received for Monument Sign and Other Improvements Other Improvements at Donald Dungan Library are on file in the Clerk's at Donald Dungan office. On motion by Vice Mayor Hornbuckle, seconded Library by Council Member Glasgow, the contract was awarded to Brandt Development, Limited, 2418 MacArthur Boulevard, MOTION/Awarded to Suite 500, Newport Beach, for $34,921.00. The motion Brandt Development carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of a VMS Staff requested authorization to purchase a VMS Master Master Traffic Traffic Signal Computer System upgrade from sole source Signal Computer vendor, Multisonics, 144 West Amerige Avenue, Fullerton, System Upgrade for $19,344.94. On motion by Vice Mayor Hornbuckle, from Multisonics seconded by Council Member Glasgow, the purchase was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Purchase Approved Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Staff requested authorization to purchase computer Computer Terminals terminals for police vehicles from sole source vendor, for Police Vehicles Motorola, Incorporated, 790 The City Drive, Nexus from Motorola Square, Suite 150, Orange, for $10,888.50. On motion by Vice Mayor Hornbuckle, seconded by Council Member MOTION Glasgow, the purchase was approved by the following Purchase Approved roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of a Staff requested authorization to purchase a surveillance Surveillance Equip- equipment conversion package for the narcotics van, for ment Conversion a total cost of $37,100.00, from the following sole Package for the source vendors: Narcotics Van from Various Vendors Contemporary Electronics Systems, 1744 West Katella Avenue, Suite 9, Orange, for various electronic equip- ment, in an amount not to exceed $13,000.00; Audio Intelligence Devices, 1400 Northwest 62nd Street, Fort Lauderdale, Florida, for specialized night -viewing camera equipment, in an amount not to exceed $5,500.00; Ross Associates, Post Office Box 1290, Upland, for various lenses and remote control devices, in an amount not to exceed $3,400.00; and Sunset Van, Incorporated, 8851 Lakewood Boulevard, Downey, for installation, equipment, and van conver- sion, in an amount not to exceed $15,200.00. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Purchase Approved Member Glasgow, the purchase was approved by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment Staff requested approval of Budget Adjustment No. 90-43 90-43/Signal at Red for $85,000.00, to provide an adequate appropriation for Lion Inn Entrance a traffic signal at the Red Lion Inn entrance on on Paularino Avenue Paularino Avenue. On motion by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, the budget adjust - MOTION ment was approved by the following roll call vote: Adjustment AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Salaries for Part- On motion by Vice Mayor Hornbuckle, seconded by Council time Employees Member Glasgow, Resolution 90-1, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ESTABLISHING THE RATES OF PAY FOR CLASSIFICATIONS AND Resolution 90-1 EMPLOYEES PLACED OUTSIDE THE BASIC PAY SCHEDULE, 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 1 Salaries for On motion by Vice Mayor Hornbuckle, seconded by Council Employees under Member Glasgow, Resolution 90-2, A RESOLUTION OF THE the Basic Pay CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Schedule ESTABLISHING THE BASIC PAY SCHEDULE AND ESTABLISHING THE RATES OF PAY FOR CLASSIFICATIONS AND EMPLOYEES PLACED MOTION UNDER THE BASIC PAY SCHEDULE, was adopted by the follow - Resolution 90-2 ing roll call vote: Adopted AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Transportation Commission recommended prohibition of on E1 Rio Circle parking along both curbs of El Rio Circle for its entire length, on Mondays from 9:00-a.m. to 11:00 a.m., for MOTION street sweeping. On motion by Vice Mayor Hornbuckle, Resolution 90-3 seconded by Council Member Glasgow, Resolution 90-3, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON EL RIO CIRCLE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Transportation Commission recommended prohibition of on Harding Way and parking along both curbs of Harding Way for its entire on Annapolis Street length, and along both curbs of Annapolis Street from Harding Way to 100 feet west of Harding Way, on Mondays MOTION from noon to 2:00 p.m., for street sweeping. On motion Resolution 90-4 by Vice Mayor Hornbuckle, seconded by Council Member Adopted Glasgow, Resolution 90-4, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBIT- ING PARKING ON HARDING WAY AND ON A PORTION OF ANNAPOLIS STREET FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 874 Item 8(c) on the Consent Calendar was presented: Bid Two Trucks Item No. 874, Two Trucks. Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, asked for an explanation of the $3,000.00 difference in price for the two trucks. The City Manager referred to staff's memorandum dated December 11, 1989, which indicates that the higher priced vehicle contains required spray equipment. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Awarded to Tam Member Amburgey, the contract was awarded to Tom Bell Bell Chevrolet Chevrolet, Post Office Box 510, Redlands: Exhibit "A", One 1990 Chevrolet Truck C-2500 with Royal Body; $15,470.02. Exhibit "B", One 1990 Chevrolet Truck C-2500 with Arrow Body and Spray Equipment; $18,565.08. 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 PUBLIC HEARING The Clerk announced that this was the time and place set Appeal of PA -87-49 for the public hearing to consider an appeal of the Mueller Planning Commission's denial of Planning Action PA -87-49 from Willy Mueller, 23321 Ancia Lane, Mission Viejo, to amend Conditions of Approval and renew a Conditional Use Permit for automotive repair within a co mercial build- ing (formerly a drive-thru dairy), located at 840 West 19th Street in a Cl zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. No communications were received. The Assistant Development Services Director/Planning summarized background information detailed in staff's memorandum dated December 27, 1989. He reported that because Conditions of Approval have not been completed since the permit was approved in 1987, the Planning Commission denied the request for renewal, and directed the applicant to vacate the premises by February 1, 1990. Vice Mayor Hornbuckle mentioned that she had visited the property earlier in the day and counted 21 cars parked on the site, most of which were inoperable, and some containing "for sale" signs. Willy Mueller mentioned that the contractor he hired failed to complete the wall. Mr. Mueller stated that staff offered three recommendations so that he could satisfy City requirements; however, he wanted them to prepare one plan for him to follow. He elaborated on his meetings with various staff members who attempted to resolve the problems for him. 1 Vice Mayor Hornbuckle asked if the applicant had obtained fire permits, and the Assistant Director replied that he had not. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Amburgey, seconded PA -87-49 Denied by Vice Mayor Hornbuckle, upholding the Planning Commis- sion's denial of Planning Action PA -87-49, and directing the applicant to vacate the property by February 1, 1990. Vice Mayor Hornbuckle's major concerns were the lack of Fire Department permits, and the number of inoperable vehicles stored on the site. Council Member Genis felt that ample time had been given to the applicant to comply with Conditions of Approval. The motion to deny the application carried 5-0. PUBLIC HEARING The Clerk announced that this was the time and place set Council Review for the public hearing for Council review of the Plan - of PA -89-79 ning Commission's approval of Planning Action PA -89-79, Gilbert/Stricker Phillip Gilbert, Form Guild, 34094 Mazo Drive, Dana Point, authorized agent for J. Richard and Ireta Stricker, 16250 Las Cimbres, Whittier, for a Conditional Use Permit with a variance from driveway width require- ments (20 feet required; 10 to 12 feet proposed), to construct a drive-thru window for an existing fast food restaurant (Taco Bell).within 200 feet of residentially zoned property located at 2900 Fairview Road, in a C2 zone. Environmental Determination: Revised Negative 1 .s 257 Declaration. The Affidavit of Mailing is on file in the Clerk's office. No communications were received. The Assistant Development Services Director/Planning referred to staff's memorandum of December 14, 1989, reporting that this project was called up for Council review by Council Member Genis because of the drive-thru facility and implications for air quality impacts. As a result of discussion held at the Council meeting of December 4, 1989, concerning another drive-thru restaur- ant and its impacts on air quality, the Assistant Director stated that a revised Negative Declaration of Environmental Impact was prepared (Page 15 of the Staff Report). Responding to Council Member Genis's question, the Assistant Director advised that even though there are no drive-thru restaurants in excess of 4,000 square feet, there is a large number of these facilities throughout the City. Vice Mayor Hornbuckle commented that the real concern is the number of trips generated, and the length of time vehicles are lined up at the drive-thru. Council Member Genis read an article on the adverse effects of carbon monoxide inhalation on persons with heart problems. The article stated that the findings of a national study indicate that the cities of Anaheim and Costa Mesa have the worst carbon monoxide concentra- tions in Orange County. Council Member Glasgow mentioned that there was a prob- lem with access to the adjacent storage garages when the first application was made for this project. The Assistant Director stated that the Planning Commission approved the request because the access issue has been resolved. Responding to questions frcm. Council, the Assistant Director reported that the drive-thru facility probably will generate 1,000 trips per day and that on-site seating has been reduced. Council Member Genis suggested moving back the order station by approximately one car length and adding a window to take in cash. The authorized agent, Phillip Gilbert, stated that food preparation takes from 20 to 40 seconds plus time to collect the money. He reported that the owner intends to have drive-thru customers handled separately from walk-up customers, and that the drive-thru window would generate an additional 40 to 80 vehicles daily. He agreed to work with staff to install a separate cash window. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that cars waiting at the drive-thru would not generate any- more carbon monoxide than vehicles stopped at congested intersections. He claimed that 1,400 trips would be the maximum that could be generated by a drive-thru facility on a daily basis. Council Member Genis questioned the validity of the AQMD (Air Quality Management District) threshold of 4,000 square feet/2,000 daily trips. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, was concerned about the traffic impact of the drive-thru facility on the Fairview Road/Baker Street intersection. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Genis, seconded by PA -89-79 Approved Council Member Glasgow, to approve Planning Action with Additional PA -89-79 with the added conditions that the order sta- Conditions tion shall be moved back one car length, an extra window shall be added for the collection of cash, and there shall be a separate food line for the drive-thru window. Council Member Amburgey stated that he could support the motion if it were modified to indicate that when busi- ness is slow, the separate cash window need not be open. AMENDED MOTION Council Member Genis amended her motion by adding that Condition the cash window shall be staffed only during peak hours. Modified The amended motion was seconded by Council Member Glasgow, and carried 5-0. PUBLIC HEARING The Clerk announced that this was the time and place set Council Review for the public hearing for Council review of the Plan - of PA -89-120 ning Commission's approval of Planning Action PA -89-120, Lambeth Lorraine Lambeth, 170 Wells Place, Costa Mesa, for vari- ances from required landscape setbacks (20 feet required at the front, 2 feet proposed; and 15 feet required on the side, 11 feet proposed); and from parking space requirements (6 spaces required; 5 spaces proposed), for property located at the above address in a Cl zone. Environmental Determination: Exempt. The Assistant Development Services Director/Planning referred to staff's memorandum of December 27, 1989, stating that the item was called up for Council review because of a concern regarding consistency with the General Plan. He reported that this site is zoned CL (Commercial Limited) with a General Plan designation of High Density Residential; that in 1982, the Council adopted a General Plan/zone consistency table that shows the CL zone to be consistent with the High Density Resi- dential designation. The Assistant Director reported that in response to the Redevelopment Agency's concerns, alternatives to the proposed parking and setback landscaping layout were designed and attached to a memorandum from the Redevelopment Agency Principal Planner dated December 21, 1989. He stated that staff recommended that in the alternative design which contains three parking spaces on each of two frontages, it would be best to move parking Space No. 1 alongside Space No. 4 because of the utility guy wire located in the area where Space No. 1 is now located. Council Member Genis asked for a report from the City Attorney concerning two issues: (1) Even though the text of the General Plan description for any of the residential uses does not make any reference to commer- cial uses, can this application be deemed legally consistent with the General Plan; and (2) General Plan law permits four amendments per year, and since the City apparently is establishing uses through a zoning consistency table rather than through a description in the General Plan, would the City be limited to four zoning amendments per year. ' . iA25 9 ,' $ 1_ `r Council Member Genis suggested that in the future, the General Plan should not be issued without including a copy of the zoning consistency table. Responding to Council Member Amburgey's question, the Assistant Director stated that with the new parking design, neither the landscape setbacks nor the parking space variances are required. Council Member Glasgow asked if the light -weight tile roof is still a requirement for the project, and the Assistant Director responded affirmatively. Lorraine Lambeth was very concerned about the delay she has encountered because of the project being called up for Council review after she and staff had worked dili- gently to produce alternative plans. Ms. Lambeth agreed with the parking plan as suggested by the Assistant Director, and confirmed that the site would be used for office purposes only. Mr. Walker, 379 East 19th Street, Costa Mesa, stated he has not been able to obtain a comprehensive planning guide for the City, and requested that complete informa- tion be made available to the public. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Amburgey, seconded PA -89-120 by Council Member Glasgow, upholding the Planning Approved Commission's approval of Planning Action PA -89-120, except that the parking and landscaping alternative recommended by staff shall be utilized: placing four parking spaces along the southeast frontage of Wells Place and two parking spaces along the southwest front- age; limiting the site to office use only; and deleting Provision No. 27 relating to relocation of the power pole guy wire (the utility company advised that the wire cannot be moved). Council Member Genis opposed the motion because it was her opinion that the project does not conform with the Redevelopment Plan, and she questioned the practice of allowing an unlimited number of amendments to the zoning consistency table when that table is part of the General Plan. Vice Mayor Hornbuckle mentioned that she voted against the application at the Redevelopment meeting because of the parking and landscaping variances, but since that issue has been resolved satisfactorily, she would support the motion. The motion to approve the application carried 4-1, Council Member Genis voting no. PUBLIC HEARING The Clerk announced that this was the time and place Request for Taxi set for the public hearing to consider a request for a Fare Increase rate increase from Orange Coast Yellow Cab, 17300 Mount Hermann Street, Fountain Valley. Both taxi companies which hold permits to operate in Costa Mesa were noti- fied of the public hearing as required by the Municipal Code. No communications were received. The City Manager referred to a memorandum from the Revenue Supervisor dated December 22, 1989, reporting that there has not been an increase in taxicab fares since 1985, and recommended that the increase be approved as outlined in the aforementioned memorandum. Bill Craig, Orange Coast Yellow Cab, stated that he would answer any questions the Council may have on the requested increase. In response to questions from Mayor Buffa and Council Member Amburgey regarding the increase in the "waiting time" rate from $15.00 per hour to $20.00 per hour, Mr. Craig explained that "waiting time" or "traffic delay" (when the cab is traveling less than 9 miles per hour) is a very minor part of a taxicab trip, and the small amount it adds to the fare will help the driver. Mr. Craig stated that the customer is not charged for the first three minutes a driver waits for that customer to enter the taxi. Council Member Amburgey objected to the riders' being penalized for traffic congestion, particularly when a 33 percent increase is being requested. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Amburgey, seconded Rate Increase by Mayor Buffa, to deny the rate increase, particularly Denied in the area of "waiting time", and directing the appli- cant to come back with a more realistic increase for that category. Council Member Genis believed it would be better to increase the "drop charge" and decrease the "waiting time" because it may encourage taxi drivers to take those routes which are less congested. The motion to deny the request carried 3-2, Council Members Hornbuckle and Glasgow voting no. RECESS The Mayor declared a recess at 8:40 p.m., and the meet- ing reconvened at 8:50 p.m. OLD BUSINESS The Mayor announced that Old Business No. 3 would be Police Presentation heard out of order because the police personnel who on Crime Activity were making the presentation were on overtime pay. in West Costa Mesa The Clerk announced that a presentation would be made by the Police Department on criminal activity in West Costa Mesa. The Police Chief explained that the presentation was prepared in response to questions from the community. He introduced several members of his staff who would be available after the presentation to answer questions from the public: Lieutenant Jim Watson, Captain Rick Johnson, Lieutenant Al Kent, Officer Tim Schennum, Sergeant Tom Curtis, Senior Officer Dennis Jefcoat, and Community Service Officer Alma Parson. The Police Chief announced that on the last Tuesday of every month, begin- ning February 20 at the police substation, the Police Department will be conducting a community forum, the purpose of which shall be to educate the community on Police Department efforts to make the City safer for its residents. He mentioned that the forum also will be a vehicle for the citizens to tell the police what they would like to see done relative to public safety. 1 261 Lieutenant Alan Kent spoke about crime prevention management in Area 1. Lieutenant Jim Watson gave a detailed report on Part 1 crimes which include murder, rape, robbery, aggravated assault, burglary (including vehicle and residential burglaries), larceny, motor vehicle theft, and arson. Lieutenant Kent presented a 1989 comparison study for three City streets: Shalimar Drive (west side); 168 apartment units; 183 Part 1 crimes and 73 general disturbances. Mission Drive (north side); 140 apartment units; approximately the same amount of Part 1 crimes and general disturbances as Shalimar Drive. Center Street (west side); almost double the number of apartment units counted in other areas; 204 calls for Part 1 crimes and 95 disturbance complaints. Police Chief Snowden stated that crime has increased in the City by 13.2 percent which is an average nationwide. He gave reasons for the increase: increase in popula- tion, changed demographics, increased reporting, having more community service officers available to take crime reports, more concerned citizens reporting crimes which may not have been reported in the past, and lastly, there are more criminals on the street. Responding to Council Member Glasgow's inquiry regarding the status of filling vacant positions, the Police Chief stated that there were 16 vacancies after recent retire- ments, and new personnel have been hired. Mayor Buffa was interested in more information about the Anti -gang Detail. The Chief responded that the team should be in operation in six to eight weeks. Vice Mayor Hornbuckle asked if crime has been increasing faster on the west side than in any other part of the City. The Chief replied that crime is increasing a little more on the west side, with the possible excep- tion of the South Coast Plaza area. Stanley Schuda, 2895 Palau Place, Costa Mesa, related an incident which happened earlier in the day near Rea Community Center. He told about four men drinking liquor from a bottle while walking in the street. Mr. Schuda stated that the police responded three minutes after his call. Phil Morello, 592 Hamilton Street, Costa Mesa, spoke about his calling the INS (Immigration and Naturaliza- tion Service) to report illegals living in his neighbor= hood, and the INS told him to call his local law enforcement agency. Mayor Buffa stated that the only agency authorized to enforce immigration laws is INS. Pat Dolan, 923 West 20th Street, Costa Mesa, stated that there'definitely is a perception of problems on the west side, nuisance problems rather than crimes as defined by the FBI. He commented on the disproportionate share of social welfare operations on the west side, 11 of which are located at Rea Community Center, and 4 to 6 half -way houses. Mr. Dolan spoke about the large number of liquor operations on the west side and the high concentration of illegal aliens. s 262 Mr. Walker, 379 East 19th Street, Costa Mesa, stated that he rarely sees the police on the east side, and there is a tremendous problem with speeding motorists. Mr. Walker was of the opinion that illegal aliens should be arrested by the locl police. Mayor Buffa again explained that immigration laws can only be enforced by Federal authorities. Sid Soffer, 900 Arbor Street, Costa Mesa, asked whether it were true that most murders are committed by family or friends of the victim. The Police Chief responded that murders are usually related to domestic situations. Council Member Glasgow commented that in past years, murders were committed by acquaintances of the victim; however, with the advent of the drug trade, this statis- tic has changed somewhat. Responding to Mr. Soffer's inquiry, the'Police Chief stated that most auto thefts are committed in the South Coast Plaza area. Patricia Schuda, 2895 Palau Place, Costa Mesa, commented on unsolved murders which have occurred in the City over the past years. Jack Fulsebakke, 119 Yorktown Lane, Costa Mesa, wanted the Police Chief to explain his relationship with Mexican authorities as to criminal backgrounds of illegals. Police Chief Snowden responded that finger- prints are obtained and sent to the various agencies, and if that person is wanted, it would probably turn up while the person was in jail or through the court system. The Chief stated that if an illegal is arrested for a crime, the INS is notified. Mayor Buffa mentioned that Judge Carter is attempting to introduce legislation which would provide for convicted felons who are in this country illegally, to be sent back to the country from which they came. OLD BUSINESS The Clerk presented additional information supporting a Sale of Property resolution declaring 523 Hamilton Street as surplus at 523 Hamilton property and declaring Council's intention to dispose Street of said property. The City Manager referred to a memorandum dated December 21, 1989, from the Director of Leisure Services. He stated that without the adjacent property, the subject site is too small to be developed as a park. (A policy adopted in 1973 established a minimum of 2.5 acres for park sites.) He added that if the property were sold, the money would go into the park fund. Council Member Genis asked what the probability was of obtaining parcels over 2.5 acres. The City Manager responded that the opportunity would probably arise when another agency, such as the State, County, or School District, has surplus land available for purchase. The City Manager advised that if Council decides to develop parks under 2.5 acres, the park system will have to be modified, and development will be expensive. Vice Mayor Hornbuckle suggested that the vacant house on the property be demolished along with the Victoria Street houses. The City Manager mentioned that there must be an asbestos inspection prior to demolition. The Vice Mayor suggested that after the General Plan 0 Review Program has been completed, the Master Plan of Parks should be reviewed. She was hesitant to sell the property because there may be a need for it in the future. Council Member Amburgey was in favor of selling the parcel because he felt it was a poor location for a park, and because Rea Center is only two blocks away. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, was of the opinion that the site was large enough for a park in a residential area. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Sale of Property- Council Member Genis, to keep the property until the Rejected Master Plan of Parks is reviewed. Mayor Buffa supported the motion, stating that there is no such thing as too much park land. He suggested asking the residents in the area what they would like to have developed on the site. The motion carried 3-2, Council Members Amburgey and Glasgow voting no. OLD BUSINESS The Clerk presented from the meeting of December 4, Change Order No. 7 1989, Change Order No. 7 for $99,900.00 to the contract Damon Construction with Damon Construction Company, 500 East Gardena Boule- vard, Gardena, in connection with Reconstruction of Mesa Reconstruction of Verde Drive Loop. Mesa Verde Drive Loop The City Manager referred to a memorandum from the Leisure Services Director dated December 21, 1989, which lists the specific items of additional work required for the project. The City Manager stated that one of his concerns is the change of design which occurred at the time of bidding, although that amount is fairly minimal in relationship to the total change order. He reported that he has directed his staff to contact other cities on how they handle these types of change orders. Council Member Glasgow was concerned about the change order because bidders for this project had made the City aware of some deficiencies and staff decided to go ahead with the bid without making corrections in order to expedite the project. However, he believed that this type of activity could subvert the bid system to the extent that people could profit from it. The City Manager pointed out that most of the items on the change order consist of increases in quantities which could not have been foreseen before the project started. Council Member Genis asked for clarification of Item 2. The City Manager explained the necessity of occasionally having to modify Green Book standards in order to bring the street to grade. He stated that in this case, staff decided additional asphalt was required to produce the appropriate finish. MOTION On motion by Council Member Amburgey, seconded by Vice Change Order Mayor Hornbuckle, the change order was approved by the Approved following roll 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 10:40 p.m., and the meet- ing reconvened at 10:55 p.m. DISCUSSION Because of the late hour, discussion was held concerning Disposition of disposition of the remaining Agenda items. It was Remaining Agenda decided that Council would continue hearing items as Items they appeared on the Agenda, but at 11:30 p.m., the City Manager's Report regarding Share Our Selves (SOS) would be addressed because of the time constraints relative to the SOS lease at Rea Community Center. The Mayor indicated that any items not heard this evening would be continued to another Council meeting. NEW BUSINESS The Clerk presented a request for rehearing to process Request for a General Plan Amendment from Dwight J. Griffith, 2121 Rehearing to East Coast Highway, Suite 280, Corona del Mar, author - Process GPA ized agent for Gary D. Burge, D.V.M., Newport Harbor Griffith/Burge Animal Hospital, 125 Mesa Drive, Costa Mesa, to change the land use designation from Medium Density Residential to Neighborhood Commercial. Council denied the request at its meeting of November 20, 1989. The Assistant Development Services Director/Planning stated that the issue is whether or not a rehearing shall be granted. Answering a question from Council Member Genis, the Assistant Director stated that a trip budget could be assigned to this property as opposed to other properties in the same General Plan designation, and suggested that it could be addressed if the request to process the General Plan Amendment were approved. Council Member Genis stated that based on that informa- tion, she could support granting a rehearing. Dwight Griffith, authorized agent for the property owner, explained that there were two areas of concern not addressed at the meeting of November 20, 1989: the property is under lease to the year 2015 to a veterinary corporation which is comprised of three veterinarians whose livelihood depends on the continued use of that facility; in addition, the surrounding area has not changed significantly in the past 40 years. He pointed out that the site is located across the street from the driving range of the Santa Ana Country Club, is a short distance from Newport Boulevard, adjacent to Dick Church's Restaurant, and only abuts on two sides to an older residential neighborhood. MOTION A motion was made by Vice Mayor Hornbuckle to grant Rehearing Granted the rehearing based on her opinion that the concerns raised at the meeting of November 20 can best be addressed by processing the amendment. The motion was seconded by Council Member Amburgey. Council Member Glasgow opposed the motion because he did not hear any new evidence which he was not aware of at the last meeting, and because he felt this was an incursion on a residential area by a nonconforming use. The motion to grant the rehearing carried 3-2, Council Members Buffa and Glasgow voting no. NEW BUSINESS The Clerk presented a .request from Council Member Genis Request for for a rehearing in the presence of a full Council of a Rehearing/Reduce request frcm Michael Wagner, 1982 Tustin Avenue, Costa Speed Limit on Mesa, to reduce the posted speed limit to 25 miles per Tustin Avenue hour on Tustin Avenue north of East 17th Street. The request was denied by the Transportation Commission, and no decision was reached at the Council meeting of Decem- ber 4, 1989. 1 lJ The Public Services Director summarized his memorandum dated December 22, 1989, which contains information on the additional speed surveys requested by Council at the meeting of December 4, 1989: A speed survey conducted December 12, 1989, on Tustin Avenue north of 19th Street shows a median speed of 31 miles per hour, and an 85th percentile speed of 36 miles per hour. The speed survey conducted December 6, 1989, on Tustin Avenue at the Boys Club shows a median speed of 34 miles per hour, and an 85th percentile speed of 39 miles per hour. Michael Wagner was appalled that Tustin Avenue has been deemed a safe route to school, yet the speed limit is considered appropriate at 35 miles per hour. He was of the opinion that since this is a residential area, the speed limit should be 25 miles per hour. Mr. Wagner commented that the memorandum does not indicate at what time of day the surveys were taken. Dick Sherrick, 3146 Country Club, Costa Mesa, spoke in support of the speed reduction, stating that 25 miles per hour is appropriate for a residential neighborhood. Council Member Amburgey stated that as indicated by the professionals over the years, the fact that the basic speed law does not establish a "zone" for speed but establishes a speed which is safe, reasonable, and prudent in a particular area. Motion Made to A motion was made by Council Member Amburgey, seconded Deny the Request by Council Member Glasgow, to deny the request for rehearing. Mayor Buffa stated that Council could make a decision at this meeting on whether or not to reduce the speed limit. SUBSTITUTE MOTION A substitute motion was made by Council Member Genis, Speed Limit seconded by Mayor Buffa, to reduce the speed limit on Reduced to 30 MPH Tustin Avenue north of East 17th Street to 30 miles per hour. Council Member Glasgow commented that regardless of the speed limit posted, motorists will drive at a speed which is safe, and if the speed limit is lowered below the 85th percentile, it cannot be enforced. Vice Mayor Hornbuckle asked if reducing the speed limit to 30 miles per hour would tie the hands of police officers. The City Manager responded that the police could cite motorists, but if the citations were contested, the court would dismiss those citations where speed limits are not substantiated by speed studies. The substitute motion carried 3-2, Council Members Amburgey and Glasgow voting no. NEW BUSINESS New Business Item Nos. 3, 4, 6, and 7 were continued to Items Continued Janury 15, 1990, at 6:30 p.m., in the Council Chambers to January 15, 1990 of City Hall: Request to Rehear Item 3: Request for rehearing of the Council's PA -89-111 decision for Planning Action PA -89-111, William D. Fancher/L & M Fancher, 1342 Bell Avenue, Tustin, authorized agent Ventures for L & M Ventures, 1901 Avenue of the Stars, Suite rr266 1060, Los Angeles, for Conditional Use Permits to allow a drive-thru restaurant with outdoor seating for a maximum of 12 costomers, and to allow off-site access with variances from street setback requirements (0 to 13 feet proposed; 20 feet required), located at 801 West 19th Street in a Cl zone. Environmental Determination: Negative Declaration. Request to Rehear Item 4: Request for rehearing of the Council's Permit 89-012 for decision concerning Entertainment Permit 89-012 from Hogue Barmichael's Daniel Baralt, Hogue Barmichael's, 1976 Newport Boule- vard. Funds Requested by Item 6: Request from the Costa Mesa Tourism, Arts and Tourism Corporation Promotion Corporation for $20,000.00 in seed funds. Transient Occupancy Item 7: Conversion of Transient Occupancy Tax to a Tax special assessment. NEW BUSINESS The Clerk presented a request for $65.00 from the Child Child Care Care Committee, to pay the registration fee for the Committee Request Chairperson to attend the Local Government Child Care for Funds Seminar. Brief discussion ensued as to whether the policy should be changed to allow the City Manager to approve requests for funds which are for small amounts, or to place them on the Consent Calendar. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Funds Approved Member Genis, the request was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None CITY MANAGER As determined earlier in the meeting, the Share Our REPORT Selves (SOS) item was taken out of order because of the SOS Relocation urgency of making a decision on relocating this agency. The City Manager presented his report dated December 28, 1989, regarding relocation of SOS from Rea Community Center. He stated that after Council's decision on July 17, 1989, to terminate SOS's lease, SOS officials and City staff worked together to locate a new site for the SOS general assistance program. He reported that only sites located in commercial or industrial areas were considered since past experience dictated that residential locations were not acceptable. The City Manager reported that within the last two weeks, a property at 1550 Superior Avenue has been located which meets the criteria for the SOS operation. The City's Intergovernmental Relations Officer stated that the site at 1550 Superior Avenue is the one that seems to be the most promising from several vantage points. She reported that the site contains 5,744 square feet; it is a three -property site; the portion of the site being discussed for SOS occupancy is located at the rear of the parcel; it is composed of one large warehouse facility and three garages; and it has a private parking area. She commented that one of the criteria most desired was that the site be located in a nonresidential area; and even though the property gener- ally meets that requirement, it does border on Anchor Trailer Port. n 267 The Intergovernmental Relations Officer reported that the property is characterized by adequate public trans- portation; is located in a manufacturing zone; and the parcel has adequate space to accommodate the full complement of the SOS programs, including the eventual relocation of the medical and dental clinics. She mentioned that in conjunction with the lease document which must be negotiated between the City and the owner of the property, staff has drafted a Memorandum of Understanding (MOU) outlining the obligations of the City and SOS. In reviewing the MOU, the Intergovernmental Relations Officer pointed out that the City's obligation would total $88,860.00 not including insurance, expenses, and the annual market adjustments; therefore, a more accur- ate figure -would be approximately $100,000.00 for the first five years. The Intergovernmental Relations Officer addressed another part of the proposal which is relocation of the Costa Mesa Job Center to the site at 1550 Superior Avenue. A final point which she mentioned was the provision that neither the City nor SOS would be allowed to impose requirements upon the operation of the other's programs, a condition requested by SOS representatives. She stated that SOS's rationale has to do with Council Policy No. 100-4 regarding financial support to illegal aliens. As for leasehold improvements on the site, the Inter- goverrmlental Relations Officer reported that staff suggested completion of substantial structural, electri- cal, and plumbing improvements to make it habitable and accommodate the needs of SOS and Job Center programs. She stated that these improvements would cost approxi- mately $50,000.00, and SOS has communicated the neces- sity for the City to assume full financial obligations for these improvements. She stated that it would take approximately two to five months to process and complete the necessary improvements, and SOS representatives have advised staff that they are not interested in ceasing operations at Rea Community Center until the new facil- ity is ready to be occupied. The City Manager mentioned that a Conditional Use Permit would be required for the site, and notices of the Planning Commission public hearing must be mailed to affected property owners as required by law. At the request of the Mayor, Jean Forbath, Share Our Selves Director, came forward to answer questions. Council Member Genis wanted to know if the SOS Budget from February, 1988, to January, 1989, includes the medical programs. Mrs. Forbath responded that the budget is for the food, financial, and clothing programs and medical is not included. Scott Mather, SOS, answered questions from Council Member Genis regarding the nonprofit corporation and its Board of Directors. Mrs. Forbath mentioned that Council was given the names, addresses, and phone numbers of the Board Members. Council Member Genis referred to a letter from Mr. and Mrs. John Feeney, 1154 Dorset Lane, Costa Mesa, request- ing the inclusion of the following conditions in any agreement with SOS: 1. That SOS will not engage in or support any illegal activities. 2. That SOS will not engage in any political activi- ties. 3. That SOS will not allow the name of SOS or Share Our Selves to be used in conjunction with any political activity. 4. That SOS make their books available to the City of Costa Mesa prior to the signing of any agree- ment and for regular review thereafter. Council Member Genis asked if SOS had any objections to including these stipulations in an agreement with the City. Scott Mather responded that SOS does not have a copy of the letter. He stated that since SOS is a non- profit corporation, it cannot lobby or enter into polit- ical agreements or it would lose its tax-exempt status. Council Member Amburgey asked for more details on SOS's affiliation with Alliance for Survival. Jean Forbath responded that they joined with Alliance for Survival in a fast-a-thon in remembrance of Thanksgiving and of hunger and peace. She stated that the Alliance offered to divide the proceeds with SOS. Mrs. Forbath did not consider this activity a political statement. It was Mayor Buffa's opinion that Alliance for Survival is an extremely politicized organization, and asked whether SOS intended to pursue a growing relationship with that organization. Jean Forbath replied that there is no formal relationship between SOS and the Alliance. Council Member Genis asked if SOS officials would consider the City's loaning them the money for reloca- tion and SOS repaying the City over a period of years. Scott Mather responded that SOS would repay the City only if SOS acquired the property sometime in the future. Mr. Mather commented that SOS would attempt to obtain donations for the site improvements. Public Testimony Pat Dolan, 923 West 20th Street, Costa Mesa, was quite amazed that the City would consider the type of agree- ment being proposed because relocation and improvement costs could be as high as $250,000.00 or more. Mr. Dolan commented that it should not be Costa Mesa's obligation to provide welfare services to SOS clients who live outside the City. Mr. Dolan objected to the provision in the MOU denying the City, as lessor, any voice regarding SOS activities on the site. Michael Steiner, owner and occupant of property at 1560 Superior Avenue, Suite A-2, Costa Mesa, asserted that the SOS use is not permitted in an Industrial Zone, and the proposed site is not appropriate because of safety reasons. Klaus Steurer, 1540 Superior Avenue, Costa Mesa, stated that he and his partner work on very expensive automo- biles, and he would lose his customers if SOS were allowed to occupy the site at 1550 Superior Avenue. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, Presi- dent of Save Our Neighborhood, commented that on July 17, 1989, Council made a decision to assist SOS in finding a new home which would be in a more compatible area; and the residents were guaranteed that January 15', 1990, would be the date for SOS to cease operations at Rea Community Center. Ms. Davidson asserted that SOS has chosen to be critical of all sites which did not meet its exact specifications, to be demanding regarding location, to lag on decisions until nearing the eviction date, and now expects the neighbors to wait again. She asked that the Council act in good faith and honor its decision of July 17. Phil Morello, 592 Hamilton Street, Costa Mesa, stated that SOS has negatively impacted the area and he and his neighbors want to reclaim their neighborhood. Bob Lin, owner of Anchor Trailer Port, 1527 Newport Boulevard, which is located to the rear of the proposed SOS site, was concerned about the safety of his tenants. He submitted a petition containing 38 signatures of park residents opposing the relocation of SOS to the Superior Avenue site. Lenny Garofalo, owner of Garf's Restaurant at 1550 Superior Avenue, did not want SOS located on the same site as his business. He contended that such a move would put him out of business. Ion Hunter, 1666 Newport Boulevard, Suite 128, Costa Mesa,_ agreed with the owner of Anchor Trailer Port, that SOS should not be located adjacent to a residential area. He also mentioned that the parking facilities were not adequate for the restaurant and SOS uses. Michael Tully, 9612 Port Clyde Drive, Huntington Beach, patron of Garf's Restaurant, was of the opinion that there was not enough parking to accommodate SOS and requested that Council reconsider the relocation. George Gibson, resident of Anchor Trailer Port, stated that the site at 1550 Superior Avenue is not large enough for SOS's programs. John Powelson, 874 Joann Street, Costa Mesa, had a problem with the SOS being located adjacent to a busi- ness which dispenses alcoholic beverages. He also stated that the site was unsafe for SOS clients because of the large amount of traffic on Superior Avenue. Bill McKay, 325 Santa Ana Avenue, Newport Beach, owner of the building at 137 Industrial Way, Costa Mesa, was concerned about adequate parking, and mentioned that there is no on -street parking in the area. Steve Quale, 9331 Tidewater Circle, Huntington Beach, director of a local charitable organization, was opposed to relocating SOS to the same site as Garf's 'because it would destroy the restaurant's business. Bob Cisek, 132 Industrial Way, Costa Mesa, stated that there are now plenty of problems with transients in the neighborhood, and there is not enough parking available. Mark Sarkisian, owner of property at 1603 Superior Avenue, Costa Mesa, contended that SOS would have a detrimental impact on the businesses and the neighbor- hood as a whole. He suggested that SOS start dealing with the issues of crime and vandalism. 274. Ellen Wright, 999 Hartford Way, Costa Mesa, thought it was time the Council realized that they have responsi- bilities to the poor, the hungry, and the homeless within the City. She stated that it made no sense to move SOS frcm its present location. Kathy Calabro, 9612 Port Clyde Drive, Huntington Beach, employee of, Garf's Restaurant, reported that when she lived near Rea Community Center, Job Center clients went to the park and harassed the citizens, spit on them, and insulted them. She stated that SOS clients got their food, went to the park, wandered through the neighborhood, and harassed the residents and the employees and customers at her work place. Gene Bounds, owner of a business at 1603 Superior Ave- nue, Costa Mesa, was extremely offended by Council's actions in hiding this issue from the residents and business people in the area. He asserted that to move SOS to the proposed site would put him and others out of business. Council Member Amburgey ccmmented that nothing was hidden, and before SOS could be relocated a public hearing would be required. RECESS The Mayor declared a recess at 1:10 a.m., and the meet- ing reconvened at 1:20 a.m. The City Clerk announced that a petition containing 38 signatures was received from residents of Anchor Trailer Port. Pat Schuda, 2895 Palau Place, Costa Mesa, stated that the property values in the area of Rea Community Center have been impacted by the presence of SOS. Karen McGlinn, 2355 Notre Dame Road, Costa Mesa, member of the SOS committee that worked with City staff to locate a new site, stated that the committee responded diligently within 24 hours. She mentioned that the committee recommended raising the 7 -foot high wall between the site and the trailer park to 12 feet so that the residents would not be impacted. Burt Butler, Anchor Trailer Port, Space 41, mentioned that the wall at the trailer park is only 5-1/2 feet high. Scott Sarkisian, 1603 Superior Avenue, Costa Mesa, stated that he deals in antiques and family heirlooms, and was afraid of transients stealing these expensive pieces. Ard Keuilian, 8561 Joyzelle Drive, Garden Grove, repre- senting the owner of the property proposed for the relocation of SOS, stated that if the City were to make a bonafide offer to lease the property, he would be willing to discuss it so those in need can be served. He stated that there was sufficient parking on the site to all tenants. Lenny Garofalo, owner of Garf's Restaurant, referenced a letter from SOS indicating it needed 40 to 50 parking spaces. He stated that this requirement did not include the clinics or the Job Center, and wanted to know how that additional parking could be provided. :.. -271 George Gibson, Anchor Trailer Port, asked Council to consider the effect SOS will have on the neighborhood, especially in light of the problems which exist at its present location. Responding to questions from Council Member Amburgey, Scott Mather, representing SOS, stated that he did not believe that Alliance for Survival was a politically motivated organization; and that he wanted SOS to be able to serve anyone it wished. Council Member Amburgey stated that the MOU was not acceptable to him because he could not commit the City to spend that amount of money when the MOU includes the type of restrictions proposed by SOS. MOTION A motion was made by Council Member Amburgey, seconded MOU Rejected by Mayor Buffa, rejecting the Memorandum of Understand- ing as drafted. Council Member Genis had concerns about the MOU because it was too large a commitment to make without examining other options. Mayor Buffa was not comfortable with the MOU because it is too open-ended, improvements are not defined, there are too many loose ends, the cost to the City could be as high as $250,000.00, and most disturbing was the fact that the City Manager does not know where the money can be obtained to fund the project. Council Member Glasgow stated that the MOU was not acceptable to him because of the paragraph that says neither the City nor SOS will be allowed to impose requirements upon the other's operation, etc. He commented that if that portion were deleted, he would have less of a problem with it. He believed the City should assist SOS in any way possible, and suggested that the people from Newport Beach, Irvine, Santa Ana, and Huntington Beach, who accused Council of being less than sensitive to SOS's needs, should be willing to help financially. Substitute Motion Vice Mayor Hornbuckle made.a substitute motion to direct Died for Lack of staff to rework the MOU based on this evening's discus - a Second sion, and to direct.the City Attorney to refrain from eviction proceedings until a report has been received from the City Manager for discussion at the next Council meeting. The motion died for lack of a second. The motion to reject the MOU carried 4-1, Vice Mayor Hornbuckle voting no. CITY ATTORNEY REPORT The Clerk presented the subrogation claim from Mercury Mercury Insurance/ Insurance/Karen Wallin. Wallin A motion was made by Council Member Amburgey, seconded MOTION by Council Member Glasgow, authorizing settlement of Settlement of the claim as detailed in staff's memorandum dated Authorized December 20, 1989. 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 CITY ATTORNEY REPORT The following items listed under City Attorney Reports Items Continued to were continued to the adjourned regular meeting of January 10, 1990 January 10, 1990, at 7:30 p.m., in the Council Chambers of City Hall: McEntee Claim Claim from Merle V. McEntee. Request for closed session pursuant to Government Code Section 54956.9(c): CCCM vs. Ned West Orange County Superior Court Case No. 42-07-28, Concerned Citizens of Costa Mesa vs. Ned West, Incorporated. Green Contract Possible litigation concerning the Harry S. Green contract at the Costa Mesa Golf and Country Club. COUNCIL MEMBERS Council Member Genis made brief statements on several COMMENTS topics: Air Quality Air quality; General Plan Urged public to attend the General Plan meetings; Purchase of Property Suggested purchase of surplus savings and loan proper- ties; Cable TV Pursue alternative cable television company; Complying with Requested a report from City Attorney regarding the Conditions for possibility of fining or penalizing those persons who CUP's do not comply with Conditions of Approval for Condi- tional Use Permits; Campaign Signs Suggested that Code Enforcement staff remove the School Board Election campaign signs, and collect the appropriate fines. South Pointe Recommended that Code Enforcement staff pursue removal Banner Signs of the banner sign at South Pointe development, and requested a report. ADJOURNMENT' The Mayor declared the meeting adjourned at 2:05 a.m. Mayor of the City Costa Mesa ATTEST:­- ity Clerk of the City of Costa esa