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HomeMy WebLinkAbout01/15/1990 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 15, 1990 The City Council of the City of Costa Mesa, California, met in regular session January 15, 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 Vice Mayor Hornbuckle. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris City Clerk Eileen Phinney Intergovernmental Relations Officer Cheryl Friedling RECOGNITION Mayor Buffa welcomed the Weebelos Boy Scouts, Cobra Den Weebelos Boy Pack 39, College Park Elementary School, and asked Scouts them to stand and be recognized. 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. REPORT The Vector Control report.by Bill Bandaruk will be given at a future meeting.. ORAL Janice Davidson, 1982. -,Arnold -Avenue, Costa Mesa, COMMUNICATIONS announced that the first graffiti committee meeting was held, and invited everyone to a one -day paint -out One -Day on February 3, 1990, at 12:00 noon, at the westside sub - Paint Out station. South Coast Sid Soffer, 900 Arbor Street, Costa Mesa, brought 36 Plaza Traffic photographs of the traffic conditions at South Coast Plaza which will be shown at a later Council meeting, Rehearing and he mentioned rehearing requests and suggested Requests that the Council consider having their discussion and comments done prior to the closing of the public hearing so the applicant would have an opportunity to rebut. CONSENT CALENDAR On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, all Consent Calendar items were Motion/Consent approved in one motion by the following roll call vote: Calendar Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following Reading Folder items were received and processed: k 233 Alcoholic Alcoholic Beverage License for which parking has been Beverage approved by the Planning Division: Elizabeth Ziebarth, Licenses doing businesss as Airport Express, 3198 Airport Loop, H-2A;.H & G Restaurant Properties, Incorporated, doing business as Kaplans, 3211 Harbor Boulevard; Hughes H. Vu, doing business as Imperial Dragon Restaurant, 3033 South Bristol, Suite 0; Private Idaho, Incorporated, doing business at 1670 Newport Boulevard. WRITTEN A motion was made by Council Member Amburgey, seconded COMMUNICATIONS by Vice Mayor Hornbuckle, to adopt Resolution 90-5, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Records Destruction MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR for Public Services THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF COSTA MESA PURSUANT TO ORDINANCE NO. 75-60. The motion MOTION carried by the following roll call vote: Resolution 90-5 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Adopted Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None L BUSINESS PER`4IT Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Orange County Council of Camp Orange County Fire, Incorporated, 513 East First Street, Tustin, by Council of Camp fund solicitation through sale of candy from January 15 Fire, Inc. to February 28, 1990. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried MOTION 5-0, the permit was approved with application of Munic- Permit Approved ipal Code Section 9-234(j). Christian Records Notice of Intention to Appeal or Solicit for Charitable Services Purpose was received from Christian Record Services, Incorporated, 444 South 52nd Street, Lincoln, Nebraska, MOTION by fund solicitation at business locations from July 1, Permit Approved 1989, to June 30, 1990. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the permit was approved with application of Munic- ipal Section 9-234(j). Meals for People Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Meals for People, Incorporated, MOTION 1140 North Lemon, Number H, Orange, by fund solicitation Permit Approved at commercial locations from January 4, to December 14, 1990. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the permit was approved with application of Municipal Section 9-234(j). SET FOR PUBLIC On motion by Council Member Amburgey, seconded by Vice HEARING Mayor Hornbuckle, and carried 5-0, the following item was set for public hearing on February 5, 1990, at 6:30 p.m, in the Council Chambers of City Hall: Ordinance An ordinance amending Title 13 of the Costa Mesa Amending Title 13 Municipal Code by amending the subdivision regulations, establishing lot line adjustment procedures, and clarifying the Zoning Administrator's authority. Environmental Determination: Exempt. MOTION Warrant 1454 Approved On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Warrant Resolution 1454, including Payroll 9001, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None ADMINISTRATIVE Bids received for Bid Item No. 880, Furnishing of ACTIONS Used Vehicles, are on file in the Clerk's office. On motion by Council Member Amburgey, seconded by Vice Bid Item 880 Mayor Hornbuckle, the contract was awarded to The Hertz Used Vehicles Corporation, 9000 Airport Boulevard, Los Angeles, for $72,887.50. The motion carried by the following roll MOTION call vote: Awarded to AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, The Hertz Amburgey, Genis, Glasgow Corporation NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Traffic Signal Interconnect at Harbor and Adams MOTION Awarded to Raymor Electric Company Purchase of Video System Project MOTION Purchase Approved Retirement Committee MOTION/Appointments Approved MOTION City Treasurer Appointed Staff requested approval for Installation of Traffic Signal Interconnect on Harbor Boulevard from Baker Street to Adams Avenue and on Adams Avenue from Mesa Verde East to Albatross Drive. On Motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the contract was awarded to Raymor Electric Company, 14930 East Ramona Boulevard, Baldwin Park, for $83,900.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Staff requested authorization to purchase professional engineering and installation services for the City Council Chambers Video System Project from sole source vendor, Broadcast -Systems Installations, 14484 Yukon Street, Hawthorne, for approximately $27,000.00. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Staff requested to appoint Captains Rick Johnson and Chuck Bassett to the Retirement Committee for two-year terms ending December 31, 1991. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the apointments were approved. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle and carried 5-0, the Director of Fi- nance, Susan L. Temple, was appointed as City Treasurer. MOTION Staff recommended approval of a License Agreement with Bus Shelter the Teachers Retirement System of the State of Illinois Approved for the placement of a bus shelter on Park Avenue at the Courtyards Shopping Center, for a 10 -year period at a .cost of $1.00 per year to the City. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract No. 13830, David Tract 13830 McHone, Developer, 17702 Mitchell North, Irvine; one McHone lot, 0.40 -acre, located at 217 Rochester Street, for condominium purposes. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the map was approved pursuant to the provisions of Section 66436(a)(3)(A) of the Subdivision Map Act and the Coun- cil did accept on behalf of the City of Costa Mesa: W-28 5 the 3 -foot public utility easement as dedicated; and the easement for emergency and security ingress and egress over Lot A; and the Clerk was authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, . Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL.MEMBERS: None Parking Prohib- The Transportation Commission recommended that parking ition on Fern- be prohibited along both curbs of Fernheath Lane between heath Lane Belfast Avenue and Conway Avenue on Mondays from 8:00 a.m. to 10:00 a.m. for street sweeping. On motion by MOTION Council Member Amburgey, seconded by Vice Mayor Horn - Resolution 90-6 buckle, Resolution 90-6, A RESOLUTION OF THE CITY COUN- Adopted CIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF FERNHEATH LANE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Amburgey, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohib- The Transportation Commission recommended that parking ition on Palmer be prohibited along both curbs of Palmer Street between Street Orange Avenue and Santa Ana Avenue on Wednesdays from 9:00 a.m. to 11:00 a.m. for street sweeping. On motion MOTION by Council Member Amburgey, seconded by Vice Mayor Resolution 90-7 Hornbuckle, Resolution 90-7, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF PALMER STREET FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Amburgey, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None California Air On motion by Council Member Amburgey, seconded by Vice Resources Board Mayor Hornbuckle, Resolution 90-8, A RESOLUTION OF THE Conformity Proce- CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, dures REQUESTING THAT THE CALIFORNIA AIR RESOURCES BOARD SCHEDULE A FORMAL PUBLIC HEARING ON THE ADOPTION OF MOTION CONFORMITY PROCEDURES INTO THE SOUTH COAST AIR QUALITY Resolution 90-8 MANAGEMENT PLAN, was adopted by the following roll call Adopted vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Amburgey, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Home Occupations for the public hearing to consider an Ordinance amending Title 13 of the Costa Mesa Municipal Code to modify pro- cedures regarding home occupations that may be permitted with,a minor conditional use permit. The Deputy City Manager/Development Services stated that the Planning Commission found it inappropriate to have employees come to the homes of those conducting business, and recommended that Council deny any code amendments, or permit home occupations to employ any personnel other than those who live in the home. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the concern with having employees in the home. MOTION A motion was made by Council Member Amburgey, seconded Ordinance by Council Member Glasgow, and carried 3-2, Council - Rejected members Hornbuckle and Genis voting no, to reject the ordinance. PUBLIC HEARING The Clerk announced that this was the time and place set PA -89-122 for a request from Council Member Genis for Council re- view of the Planning Commission's decision for Planning Action PA -89-122, Bob Davis, 7014 Llama Street, Carlsbad, authorized agent for Elizabeth W. Wade Trust, Post Office Box 6283, Santa Ana, for a Conditional Use Permit for construction of a drive-thru restaurant with outdoor seating within 200 feet of residentially zoned property, and variances from front and side landscape setback requirements (20 feet required; 10 feet proposed), located at 2990 Bristol Street in a Cl zone. Environ- mental Determination: Negative Declaration. In answer to Council Member Genis's question, Gary Brubaker, 26932 Highway Circle, Laguna Hills, repre- senting the applicant, said that a double drive-thru window is not a good system. Sid Soffer, 900 Arbor Street, Costa Mesa, pointed out that more windows would probably create more traffic, and that the applicant should be able to design the restaurant without Council's help. A motion was made by Council Member Genis to deny the variances and approve the application. The motion died for lack of a second. MOTION A motion was made by Council Member Glasgow, seconded PA -89-122 by Council Member Amburgey, and carried 4-1, Council Approved Member Genis voting no, to approve PA -89-122, subject to conditions contained in the Staff report, and based on Planning Staff analyses and findings. OLD BUSINESS The Clerk presented the revised Negative Declaration for Revised Negative PA -89-79, Phillip Gilbert, authorized agent for Declaration for J. Richard and Ireta Stricker, 16250 Las Cumbres, PA -89-79 Vbittier, for a Conditional Use Permit with a variance from driveway width requirements (20 feet required; 10 to 12 feet proposed), to construct a drive-thru window for an existing fast food restaurant within 200 feet of residentially zoned property at 2900 Fairview Road, in a C2 zone. Environmental Determination: Revised Nega- tive Declaration. (Through oversight, revised Negative Declaration was not adopted at the meeting of January 2, 1990.) The Deputy City Manager/Development Services requested that Council adopt the revised Negative Declaration which addresses the concerns of Council Member Genis. In an- swer to Council Member Genis's question, the City Attor- ney said that adoption of the recommendation by the Planning staff would be sufficient. MOTION Revised Negative A motion was made by Vice Mayor Hornbuckle, seconded by Declaration Council Member Amburgey, and carried 5-0, to adopt the for PA 89-79 Negative Declaration of Environmental Impact for Adopted PA -89-79. Stop Signs on The Clerk presented a request from staff for direction East 16th Street on removal of stop signs at East 16th Street and Aliso Avenue. ;.'.moi 8 The Public Services Director commented that subsequent to the installation of the stop signs, the Transportation Ccmmission received a petition for the removal of the stop signs, and at the Transportation Commission meeting of August 2, 1989, a study was authorized following the three-month period of the sign installation. He stated the results of the three-month study were reviewed at the December 6, 1989 meeting, and a letter was directed to the Council requesting further direction. In response to Council Member Genis's question regarding the 35-39 percent noncompliance at the stop sign, the Public Services Director said.that this average was high, but it was dependent on the traffic volumes. Council Member Glasgow suggested waiting for the study results being done on the speed humps on Country Club Drive. MOTION A motion was made by Council Member Glasgow, seconded Referred to by Council Member Amburgey, and carried 5-0, to request Transportation the Transportation Commission to reschedule this item Commission after the study regarding the speed humps on Country Club Drive was completed. NEW BUSINESS A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, and carried 5-0, to continue MOTION New Business Items 1 and 2 to February 5, 1990, at Continued to 6:30 p.m. February 5, 1990 1. Continued from the meeting of January 2, 1990, Rehearing of request for rehearing of the Council's decision for PA -89-111 Planning Action PA -89-111, William D. Fancher, Fancher authorized agent for L & M Ventures, for Conditional Use Permits to allow a drive-thru restaurant with outdoor seating for a maximum of 12 customers, 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 Declar- ation. Hogue Barmichaels 2. Continued from the meeting of January 2, 1990, Entertainment request for rehearing of the Council's decision con - Permit 89-012 cerning Entertainment Permit 89-012 from Daniel Baralt, Hogue Barmichael's, 1976 Newport Boulevard. Costa Mesa Tourism, The Clerk presented from the meeting of January 2, 1990, Arts, and Promotion a request from Costa Mesa Tourism, Arts and Promotion Corporation Corporation for $20,000.00 in seed funds. The City Manager clarified this item by saying that the corporation's intent was to obtain a line of credit to be secured by revenues from the City until such time as a formal funding source is concluded. He recommended that it could be done from the advertising and promo- tional budget. In response to Council Member Glasgow's question, the Corporation Treasurer, Frank Cole, 2842 Fairview Way, Costa Mesa, said that the line of credit was presented as an option. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Seed Funds Council Member Glasgow, to grant $20,000.00 in seed funds Approved to the Costa Mesa Tourism, Arts and Promotion Corporation. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Amburgey, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS Conversion of Transient Occupancy Tax In response to Council Member Amburgey's question, Vice Mayor Hornbuckle said that the $20,000.00 in seed funds would eventually come out of grants made to the corpora- tion frau other sources. The Clerk presented from the meeting of January 2, 1990, Conversion of Transient Occupancy Tax to Special Asses- ment. The City Attorney recommended that a task force be formed to study and formulate a resolution to establish the amount and the purposes for an assessment against the hotel and motel businesses under the Parking and Business Improvement Area Law of 1979, which is in the Streets and Highways Code. Wes Cox, General Manager of the Red Lion Hotel, reported that the hotel community supports the idea of repealing the Transient Occupancy Tax, and forming a special as- sessment to fund the arts and promotion of Costa Mesa. In answer to Council Member Glasgow's question, the City Manager said the essential requirement is that the City Council find that the hotels and motels benefit from the services provided through the assessment. In response to Council Member Genis's question, the City Attorney said that the proposed assessment under the Streets and Highways Code can be used for general promotion of business activities in areas where the businesses are located. He said that these sections include tourism, arts, and promotional activities to prcmote hotel and motel business activities in the City. He added that to the extent that the cultural and artis- tic projects would benefit these businesses, they can be assessed that fee. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Task Force Council Member Glasgow, and carried 5-0, to approve the Approved formation of a task force, to proceed to develop the resolution with the associated issues addressed, and report back to the Council. Rehearing of On motion by Vice Mayor Hornbuckle, seconded by Council PA -87-49 Member Glasgow, and carried 5-0, the following item was Mueller continued to the meeting of February 5, 1990, at 6:30 p.m.: Request to rehear Council's denial of Planning MOTION Action PA -87-49 from Willy Mueller, 23321 Ancia Lane, Continue to Mission Viejo, to amend Conditions of Approval and renew February 5, 1990 a Conditional Use Permit for an automotive repair within a commercial building (formerly a drive-thru dairy), located at 840 West 19th Street in a Cl zone. Envi- ronmental Determination: Negative Declaration. NEW BUSINESS The Clerk presented from the meeting of January 2, Request for 1990, a request for rehearing to process a General Plan Rehearing to Amendment, from Dwight J. Griffith, 2121 East Coast Process GPA Highway, Suite 280, Corona del Mar, authorized agent Newport Harbor for Gary D. Burge, D.V.M., 736 Whalers Way, Suite Animal Hospital F-250, Fort Collins, Colorado, to change the land use designation from Medium Density Residential to Neigh- borhood Commercial at 125 Mesa Drive. Council denied the request at the meeting of November 20, 1989. The Deputy City Manager commented that the Newport Harbor Animal Hospital has made this request to allow a nonconforming use to remain and actually become legalized, and wants the zoning changed from R2 to Cl. Dwight J. Griffith, 2121 East Coast Highway, Suite 280, Corona del Mar, authorized agent for Gary D. Burge, said that after 43 years of use this has been a very success- ful site and he sees little reason for it to change. Tom Carpenter, a doctor and partner of the Newport Harbor Animal Hospital, stated that there were 11-1/4 percent fewer animals in 1989 than in 1988 due to the strict leash control laws; and as the density increases in an area, the actual number of pets present will change. He said that they handle the night time emer- gencies for the Costa Mesa Animal Control. MOTION/Staff A motion was made by Vice Mayor Hornbuckle, seconded by Directed to Council Member Amburgey, and carried 3-2, Council Members Process GPA Buffa and Glasgow voting no, directing staff to process a General Plan Amendment for the Newport Harbor Animal Hospital. NEW BUSINESS The Clerk presented a request.from Orange Coast Yellow Orange Coast Cab, 17300 Herrmann Street, Fountain Valley, for rehear - Yellow Cab ing of a request for a fare increase which was denied by Request for Council on January 2, 1990. Rehearing Tom Philbin, 12152 Trask Street, Garden Grove, represent- ing Yellow Cab, pointed out that the fare rate increase had been approved in eleven other cities in Orange County. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Rehearing Granted Council.Member Glasgow, and carried 3-2, Council Members Buffa.and Genis voting no, to rehear the request. NEW BUSINESS The Clerk presented a request from Staff for Council Bus Shelters With direction on placement of bus shelters with advertising Advertising within the public right-of-way by Bustop Shelters of California, Incorporated. The City Manager wanted direction on whether staff should proceed with selection of a qualified firm to provide such shelters or to negotiate for both shelters and maintenance on existing shelters. The City Attorney stated that the bus stop proposal would be subject to the bidding requirements of the Costa Mesa Municipal Code, Section 2-170. MOTION A motion was made by Vice Mayor Hornbuckle, seconded Proposal Rejected by Council Member Glasgow, and carried 3-2, Council Mem- bers Buffa and Genis voting no, to reject the proposal. NEW BUSINESS Request for Review The Clerk presented a request from Vice Mayor Hornbuckle of Council SOS for rehearing of the Council's decision concerning relo- Relocation cation of Share Our Selves (SOS) from Rea Community Center. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Rehearing Mayor Buffa, and carried 4-1, Council Member Amburgey Granted voting no, to rehear the item based on new information. Mayor Buffa said that a new relocation site had been found, the Community Development Council facility at MacArthur Boulevard off Harbor Boulevard. He men- tioned a proposal which would allow SOS to lease approximately 4,200 square feet from that location, and terns of the lease are about the same as those for the Superior Avenue location. The Intergovernmental Relations Officer gave a slide presentation of the CDC facility with Mayor Buffa narrating and at its conclusion, he requested Council approval of the proposal. The Intergovernmental Relations Officer explained the differences between the proposals for the Superior Avenue site and the CDC site. Mayor Buffa and Council Member Genis commended staff for all the efforts put into the SOS project. In response to Council Member Glasgow's comments regarding a Conditional Use Permit already in existence for this property, the Deputy City Manager/Development Services said that SOS may fall under an accessory use category, which would not require a use permit, or if it does not fall under accessory use, and is not included in the definition for the use permit issued to CDC, a new permit would be required which would take 45 days. In response to Council Member Genis's question, the City Manager said that the Community Development Block Grant program currently provides approximately $850,000.00 per year to the City of Costa Mesa as an entitlement city and of that amount, a maximum of 15 percent can be allocated to public service programs under which the SOS program would fall. He pointed out that the CDBG program currently has two years remaining on its entitlement, and that the revenue sharing funds which have been available for the last three years for public service programs have been the interest earnings on revenue sharing funds previously set aside for the Canyon Park site. RECESS The Mayor declared a recess at 8:30 p.m., and the meeting reconvened at 8:45 p.m. The City Attorney responded to Council Member Genis's question regarding the maximum time involved after the eviction notice is served on SOS, and stated that pursu- ant to the Council's direction, an unlawful detainer has been prepared and is ready to file on January 18, 1990, six months and one day after the Council voted to extend the SOS lease for six months (July 17, 1989) exclusive of space occupied by the medical and dental clinics. The City Attorney said that an answer by SOS would be due on January 23, 1990, and thereafter, the Court would be asked to set the matter for hearing within 30 days depending on the court's calendar with an outside date of 60 days. He explained that if the court granted SOS additional time, and upon expiration of that time, if SOS had not vacated the property, the City would be entitled to obtain a writ of possession which would allow the City to have the marshals present to vacate the property. He further stated that unlawful detainers are actions that are entitled to a preference on the court's calendar, and it assumed that the City would desire to have possession of the property in as quick a manner as possible. He added that if Council decided to grant an extension of time on the notice of termina- tion, they could condition it to provide that SOS would stipulate to a judgement in an unlawful detainer action and waive their rights in defenses to that action and also stipulate to a writ of possession as a condition for an extension of time. Mayor Buffa asked for clarification in regard to the order to vacate. 1 The City Attorney responded that should all documents be in order for the immediate vacation of the property, the City could function under its own direction as to the disposition of the vacation, whether it be with immediate speed, reasonable speed, or to table the matter. Jean Forbath, 2880 Clubhouse Road, Costa Mesa, Execu- tive Director of Share Our Selves, thanked Council for considering the rehearing and for their generous consid- eration of the safety net offer to lease the Community Development Council facility. She asked for time and patience in regard to a noninterrupted service at SOS and announced that she has received a firm offer of $300,000.00 for a down payment to purchase a site. She mentioned two properties isolated, one of which has been given a firm offer. Ms. Forbath said that SOS is prepared to go it alone and asked for time to complete the building purchase and lease hold agreements. Scott Mather, 1115 Corona Lane, Costa Mesa, Chairman of the Board of Directors for SOS, thanked the Council for the CDC offer and thanked staff who worked with SOS. Mr. Mather mentioned the $300,000.00 donation from a group who will cosign for the purchase of a building, an escrow company who will handle the escrow at no cost, an architect who will provide architectural services, and a construction company and contractors who have indicated their willingness to help. He antic- ipated that by April 30, 1990, SOS would be relocated. Mr. Mather clarified for Mayor Buffa that there were two properties being considered by SOS, and CDC is a safety net option. Council Member Genis pointed out that one of the major gaps in the time line is.obtaining the Planning Commis- sion approval which would be March 27, 1990, and asked why a two-month lead time was required to process a Conditional Use Permit since only a 10 -day noticing period was necessary. The City Manager stated that Council is empowered to request the Planning Commission to have a special meeting and Council can authorize overtime for Staff and/or set aside other projects currently in the plan check process. In response to Council Member Genis's question regarding lead time for Conditional Use Permits, the Deputy City Manager/Development Services stated that 45 days is the typical time required and it is almost physically impos- sible to process permits within 30 days considering the time it takes to circulate the paperwork through the other departments, i.e Fire, Engineering, Police. Responding to Council Member Genis's inquiry, Scott Mather stated that if an extension is granted, SOS would not be willing to waive future rights for an eviction procedure.. Lee Littrell, 2055 Meyer Place, Costa Mesa, stated that this is the first time the neighborhood has heard that SOS is agreeable to make a move. He commended the Coun- cil for the many hours and dollars spent trying to solve the problem to everyone's benefit. He said the homeless will not go away, but he wanted them dispersed from the front of his home. x 292 John Michler, 3001 Red Hill Avenue, Suite 222, Costa Mesa, Director of Rainbows to End Hunger, offered assistance to SOS to keep their program in operation. He requested that Council grant SOS additional time to relocate, and offered resources to assist in their relocation. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, said that it is time SOS acknowledge the needs and rights of the working neighborhood who have been subservient to SOS's needs for nine years. She requested that the Council stand firm on their decision of July 17, 1989. Pat Dolan, 923 West 20th Street, Costa Mesa, member of the Mesa West Homeowners Association, stated that SOS is a commercial operation in a residential zone. He said that 70 percent of those served at SOS are not residents of Costa Mesa, and over 50 percent of those served are not even legal residents. He requested that Council reject spending $180,000.00 or $250,000.00 on non-residents. Barbara Littrell, 2055 Meyer Place, Costa Mesa, stated that the neighborhood has carried the burden for nine years and wants fair treatment for both the neighborhood and SOS. She asked that their rights for a safe and peaceful neighborhood not be ignored, and that the 1,000 families or more who responded to the City survey, signed petitions, wrote letters, and made phone calls, are not attempting to close SOS, only asking that SOS be relocated to a more appropriately zoned non-residential area and for the City to assist them. She requested that SOS cooperate in moving to the CDC building until their new facility is ready. James Evans, 1049 West Wilson Street, Costa Mesa, stated that he wanted his neighborhood back and that the Council should not allow an extension of time. Phil Morello, 592 Hamilton Street, Costa Mesa, stated that SOS is violating zoning requirements as would any restaurant, clothing store, food market, or other type of business operating in a residential neighborhood. He said that the neighborhood has suffered the loss of security, safety, neighborhood pride, and inequitable property value. Mr. Morello pointed out that SOS has outgrown its residential location. Deborah Rector, 1159 Paularino Avenue, Costa Mesa, Clerk of Orange County Friends Meeting of Quakers, was impressed by the creative response of the Council to the problems resulting when a suburban community attracts people of a lower income. She requested that Council extend the lease until SOS can find a new location, and show imagination and commitment in solving this issue. Jeffrey Evans, 2033 National Avenue, Costa Mesa, stated that SOS's serving 250,000 people a year, 25,000 per month, 1,000 people per day is like having a half price sale at Nordstroms in your front yard every day. He mentioned the shame tactics in the newspapers especi- ally against the Council Members and the citizens of Costa Mesa. Bob Ewing, South Coast Christian Church, 792 Victoria Street, Costa Mesa, representing his church and three other agencies, requested that Council consider the extension of time for SOS, and challenged the statis- tics brought forth by Mr. Iblan. :1,493 Juan Chavez, 2401 Richmond Way, Costa Mesa, stated he was proud to live in the United states, a free democ- racy where people can speak their thoughts and feelings. He requested that Council grant SOS an extension so that it can make the transition to. a- new home. Mary Cappellini was the interpreter for Spanish-speaking Rosa Marie Marcus, a resident of Costa Mesa. Ms. Marcus stated that she and more than 50 of her friends were in favor of SOS, not only for the medical and dental clinic, but also for the food they receive. She preferred having SOS remain in its present location because she does not have transportation. She thanked SOS for their help to the Hispanic community. Mary Jane McKnight, 100 Pinon Tree Lane, Costa Mesa, worker with hotline of Children's Home Society, stated that she refers callers to SOS for assistance and hopes that their service will not be interrupted for even a short period of time. Mary Cappellini interpreted for Spanish-speaking Veronica Secca, 19th Street and Orange Avenue, Costa Mesa. Ms. Secca spoke of her need for food and other items provided by SOS. She stated that families need food and clothing from SOS because their husbands do not make enough money to support their families. She was against the relocation of SOS. Ed Connor, 611 Anton Boulevard, Costa Mesa, member of SOS Board of Directors and liaison member between the clinic and the parent organization, reviewed the steps being taken regarding SOS. Peggy Scheideler, 874 Oak Street, Costa Mesa, stated that SOS helps the unfortunate, and she would appreciate Council's granting an extension on the lease until SOS can relocate. Stewart Jasper, liaison between the Orange County Bar Association President Jennifer King, and SOS, said that,the residents who have been impacted by SOS have also been contributors in their own way. He requested that Council allow the transitional period to take place without taking any legal action. Rabbi Bernie King, 1795 Tanager Drive, Costa Mesa, stated that the Costa Mesa citizens were compassionate and suggested -that the citizens work together. Campbell Davidson, 1982 Arnold Avenue, Costa Mesa, was opposed to extending the SOS lease. Amy Hornbuckle, 2221 Raleigh Avenue, Costa Mesa, encouraged SOS not to give up. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, said the neighbors near Rea Community Center are not against people needing food, but want their property and rights as citizens protected. Jack Fulsebakke, 119 Yorktown Lane, Costa Mesa, referred to the negative media coverage against the City Council in reference to SOS events, and said that he hoped the Council would -settle this issue immediately with the least amount of publicity. IME Ellen Wright, 999 Hartford Way, Costa Mesa, stated that she had lived on the west side in 1968 before SOS existed, and that the west side was impacted then by traffic, litter, crime, noise, and malicious mischief. She pointed out that SOS did not invent undocumented people, poverty, hunger, homelessness or drug abuse, and suggested that the Council give SOS more time for relocation. Mark Corcoran, 1949 Arnold Avenue, Costa Mesa, stated that he does not see the problems in the park on the west side as mentioned by others. He wanted SOS to continue to serve in Costa Mesa on the west side, and pointed out that his house has doubled in value since he moved there. Anne Hogan-Shereshevsky, 2152 Elden Avenue, Apartment 1, Costa Mesa, asked what would came in the place of SOS on the west side. She asked if the Council had presented the problems of the homeless, poor, and hungry at the League of Cities meeting in San Francisco. Dr. Russell, a Pediatrician from Children's Hospital in Los Angeles, and Medical Director of the free clinic in Los Angeles, stated that these poor do not have access to the welfare system; the government is failing to serve these people; and agencies such as SOS are doing a terrific job of providing services. He hoped that the Council would work with SOS in providing the services that would benefit the entire community. Karen McGlinn, 2365 Notre Dame Road, Costa Mesa, addressed a statement made regarding a reassurance that Jean Forbath would live up to the proposal presented for SOS. Pat McCully, Huntington Beach, asked if there were police patrols in the Rea Communty Center area to keep any problems at bay. Mayor Buffa responded that there have been a number of intensive programs by the Costa Mesa Police Department and the Human Relations Commis- sion, to distribute literature and make bilingual announcements regarding cultural conflicts. Shirley Cohen, Executive Director of Feedback Founda- tion, stated that they provide a program for the seniors of Costa Mesa, and SOS helps many of these people, not only in Costa Mesa, but throughout the County. She pointed out that it would take three to four months to either evict SOS, move them to CDC, or have them move to their own facility. Kathy Esfahani, 3205 Delaware Place, Costa Mesa, empha- sized the value of the servies SOS provides to the resi- dents of Costa Mesa and Orange County, and that regard- less of the path taken, there would be a delay in SOS's ability to vacate Rea Center and move to the new site. She asked that Council show its support of SOS by granting a three-month extension to April 30, 1990. RECESS The Mayor declared a recess at 10:30 p.m., and the meet- ing reconvened at 10:50 p.m. David McCoy, 1997 Fullerton Avenue, Costa Mesa, stated his concern that the war on poverty did not became a war against the poor. pz 9 ff.'s Frank Cole, 2482 Fairview Way, Costa Mesa, suggested that the City have a social impact report done along with environmental impact reports and pointed out that the problems seem greater -within the social fabric of the community than with the land use. Steve Forbath, resident of Irvine and eldest son of Frank and Jean Forbath, said that his parents work for other people, yet they are perceived as being the prob- lem itself. He requested that Council allow SOS to continue their work. He pointed out that Ms. Forbath and all the volunteers for SOS feel it is their duty to help people. There being no other speakers, the Mayor closed the public hearing. The Mayor announced that the proposal for relocation to the CDC facility would be forwarded to the CDC Board for its review and approval, and then given to the SOS Board for review and approval. Council Member Genis requested that there be similar percentages or cost distribution as there were for the 1550 Superior Avenue site. MOTION A motion was made by Mayor Buffa, seconded by Council Sublease Terms Member Genis, and carried 5-0, approving the terms of Approved; Staff the sublease between SOS and CDC for space at the Orange Dircted to County Community Development Council facility as pre - Prepare MOU sented in the memorandum of January 10, 1990, directing Staff to prepare a Memorandum of Understanding between CDC and the City; and authorizing the Mayor to sign on behalf of the City. Mayor Buffa explained that the proposed MOU commits the City to serve as the financial guarantor on the sublease arrangement and stated that this is approved in concept only with final approval to be considered at the adjourned meeting of January 23, 1990. Council Member Genis believed it important to pursue this option in the event other options for SOS did not materialize. Council Member Amburgey requested clarification on the motion as a time frame. Mayor'Buffa responded that the motion does not offer specifics about the time frame and believed it premature at this point. Vice Mayor Hornbuckle requested that a time frame be established. Mayor Buffa responded that he made the motion under the terms that the agreement does not specify time, only that the agreement is accepted as an option for SOS. Vice Mayor Hornbuckle requested that the motion be amended to have the MOU approved by Council. MOTION Mayor Buffa amended the motion to approve the MOU Amendment MOU in concept only and placed on the agenda for the Approved in adjourned Council meeting of January 23, 1990, for Concept final approval. The amended motion was seconded by Council Member Genis, and carried 5-0. Vice Mayor Hornbuckle asked for a representative of SOS to approach the microphone. Scott Mather, responding to Vice Mayor Hornbuckle, stated that they would be willing to move by April 30, presuming that the Conditional Use Permit would be approved. Mayor Buffa then requested Council to determine if the City Attorney's actions regarding eviction should remain in force, or if there were alternative suggestions. Motion to A motion was made by Vice Mayor Hornbuckle to extend Extend Lease the stay of SOS at the Rea Community Center until Failed to Carry April 30 with the understanding that at the end of that time, they would move. The motion was seconded by Council Member Glasgow for discussion purposes. Council Member Genis stated she could have supported the motion had SOS agreed to a waiver. An unidentified speaker clarified that Mr. Mather had stated that the organization would agree voluntarily to vacate, subject to the following understanding: that the City processes the CUP in good faith and there were no unforeseen delays not attributed to SOS. Scott Mather, responding to Council Member Amburgey, agreed that if the City processed the CUP in good faith and no other unforeseen problems arose by April 30, SOS would move if the new facility were ready; should the new location not be ready, SOS would close down. Council Member Amburgey was of the opinion that those at SOS who were concerned about feeding the needy, con- cerned for the homeless, and providing care for those who were destitute, allowed their personal feelings to become involved to the point where they themselves influenced Council to vote against the Superior Avenue relocation. He further stated that SOS owed it to the City and the west side residents, to relocate or close - their doors by January 17, the end of the six-month period. Council Member Amburgey made a substitute motion direc- ting the City Attorney to proceed with the eviction, if necessary, should SOS not close their doors on the 17th of January. The motion died for lack of a second. Council Member Glasgow was of the opinion that the SOS organization had been arrogant and based on their past actions, he was hesitant to support an extension of more than 2 months. Mayor Buffa stated that he was not compelled to con- sider an extension since the normal procedure for eviction allows enough time, and if it did not, the final step would be Council's direction to the City Attorney to take additional action. He opposed the extension for two reasons: this is not an extension, but an extension to an extension; and the CUP, since the location of the proposed building to be purchased is unknown. Council Member Genis could not support the extension and mentioned there were too many open ends on the agreement. ;LR3 297 General Plan Review January 17, 1990 ADJOURNMENT Mayor Buffa announced that the next General Plan Review Meeting is scheduled to be held on Wednesday, January 17, 1990, at 6:30 p.m., in the Council Chambers. 'Ihe Mayor declared the meeting adjourned at 12:20 a.m. SDI J ---Mayor of tffe City Costa Mesa ATTEST: -- ity-_Clerk of the City of Cos Mesa The motion made by Vice Mayor Hornbuckle, to approve an extension failed to carry 4-1, Council Members Buffa, Amburgey, Genis, and Glasgow voting no. CITY ATTORNEY The City Attorney requested a closed session pursuant REPORT to Goverment Code Section 54956.9, to discuss Orange County Superior Court Case No. 55-86-96, Scott Heger Scott Heger vs. vs. City of Costa Mesa, -et al. On motion by Vice Mayor City Of Costa Mesa Hornbuckle, seconded by Council Member Amburgey, and MOTION carried -5-0, the City Attorney was directed to file Appeal Authorized an appeal. COUNCIL MEMBERS Council Member Genis made brief statements on several CC MMENTS topics: 1) She complimented Council Member Glasgow on his comments regarding SOS; 2) She referred to a Council�Member letter from the President of the Hawaiian Golfers of Genis Orange County expressing their pleasure that plans for the -Golf Course have changed, and stated that copies will be given to staff; 3) She introduced a letter from the North Costa Mesa Hemeowners Association requesting a second left -turn lane and signal from southbound South Coast Drive to Fairview Road; 4) She suggested taping General Plan Study Sessions; 5) She suggested that public hearing notices be sent to occupants as well as to owners of affected properties; 6) She suggested that non -conforming use policies be re-examined. Council Member Council Member Amburgey agreed with Council Member Amburgey Genis on the nonconforming uses and suggested discus- sion at a study session. Council Member Council Member Glasgow agreed with re-examining the Glasgow policy on nonconforming use, and he was happy to hear of SOS's receiving $300,000.00 to purchase a site. Vice Mayor Vice Mayor Hornbuckle stated that SOS had not attacked Hornbuckle the City or the Council Members intentionally, and was of the opinion that her recollection of events that occurred while working on the SOS Task Force, were different from that of other individuals; and she sug- gested reviewing the rehearing procedures. General Plan Review January 17, 1990 ADJOURNMENT Mayor Buffa announced that the next General Plan Review Meeting is scheduled to be held on Wednesday, January 17, 1990, at 6:30 p.m., in the Council Chambers. 'Ihe Mayor declared the meeting adjourned at 12:20 a.m. SDI J ---Mayor of tffe City Costa Mesa ATTEST: -- ity-_Clerk of the City of Cos Mesa