Loading...
HomeMy WebLinkAbout06/18/1990 - City Council1 ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 18, 1990 The City Council of the City of Costa Mesa, California, met in regular session June 18, 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. Council Members Present: Council Members Absent: Officials Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle (The Vice Mayor left at 9:45 p.m.) Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow None City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Director of Finance Susan Temple Assistant City Engineer Robert Brock Principal Planner/Redevelop- ment Millie Summerlin Deputy City Clerk Mary Elliott MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council May 29 and Member Amburgey, and carried 5-0, the minutes of the June 4, 1990 special meeting of May 29, 1990, and the regular meeting of June 4, 1990, were approved as distributed. ORDINANCES A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, to read all ordinances by title only. Yaohan Corporation The Mayor commended the Yaohan Corporation for its gift Commended' of $20,000.00 which was distributed as follows: Share Our Selves - $10,000.00 for the SOS Building Fund; Orange County Model Engineers - $8,500.00 for the model railroad at Fairview Park; and Costa Mesa Historical Society - $1,500.00 for the acquisition of a historical reference book collection. Jean Forbath, Executive Director, Share Our Selves; Ben Viola, President, Orange County Model Engineers; and Charles Beecher, Costa Mesa Historical Society thanked the Yaohan Corporation for its generous gift and wished them success in the community. A slide presentation was given of the Yaohan store in Costa Mesa. as b PROCLAMATIONS Charles Markel, representing Mesa Pride, gave a brief Geoffrey Fortner description of the Third Annual Drawing and Essay Lay contest sponsored by that organization. Jamie Nyblade Geoffrey Fortner, a third grade student at California Mayor for the Day School, was the winner of the art contest for his colorful portrait of "My Special Place to Go in Costa Mesa"; and Jamie Nyblade, sixth grade student at Sonora School won for her essay entitled, "What I Would Do if I Could Be Mayor for a Day". Mayor Buffa read two proclamations declaring Monday, June 18, 1990, as Geoffrey Fortner Day and Jamie Nyblade, Mayor for the Day. ORAL Ernie Feeney, 1154 Dorset Lane, Costa Mesa, referred COMMUNICATIONS to the environmental document addressing the Master Plan for the Orange County Fairgrounds. She noted that Fairgrounds the City of Costa Mesa was not on the distribution list, EIR and expressed her concern with traffic impacts if the proposed Master Plan were adopted. Mrs. Feeney recom- mended that all Council Members attend the public hearing on June 28, 1990, at 7:00 p.m., at Costa Mesa High School. Conflict of Jay Humphrey, 1620 Sandlewood Street, Costa Mesa, Interest Ordinance thanked Council for moving forward on a Conflict of Interest Ordinance. Parking Richard Goldstein, 1981 Wallace, Costa Mesa, commented Problems that certain streets in the City are being neglected, namely Babcock Street between 16th and 17th Streets, where many cars are parked which belong to the Volkswagen repair shop. Mr. Goldstein also mentioned a neighbor who is parking commercial vehicles on the street. Mayor Buffa asked staff to investigate Mr-. Goldstein's complaints. CDBG Fund John Feeney, 1154 Dorset Lane, Costa Mesa, suggested Recipients that the City stipulate to recipients of CDBG funds that they shall not engage in political activities. Victoria Street Tony Kubis, 861 Victoria Street, Costa Mesa, was con - Project cerned because he had not been notified of the City's proposing another access on Continental Avenue at Victoria Street; and he was not aware of the Addendum to the EIR which addresses frontage road revisions. He contended that the revisions will have a significant impact on land use. The Public Services Director advised Mr. Kubis that notifications had been sent, and he would check further into this matter. Diana Blaisure, 2083 Continental Avenue, Costa Mesa, was concerned about the proposed access to Victoria street from the frontage road on Continental Avenue. She felt that the impact on Oak Street and Continental Avenue was ignored in the environmental analysis. Harvey Corbell, 2094 Continental Avenue, Costa Mesa, requested an environmental analysis of the impact of land use on Oak Street between Monrovia Street and Continental Avenue, and Continental Avenue between Oak Street and Victoria Street, resulting from the proposed Continental Avenue access to Victoria Street. �I 'em Patricia Taft, 2094 Continental Avenue, Costa Mesa, commented on the intolerable conditions at Continental Avenue and Oak Street caused by the diagonal diverter, and requested an environmental analysis of the impact on Oak Street and Continental Avenue from the proposed opening through the frontage road on Continental Avenue. Fire Hazard Pat Dolan, 923 West 20th Street, Costa Mesa, spoke about the canyon fire on Friday afternoon which burned three to four acres, threatening 20 to 30 homes. Mr. Dolan suggested that the City investigate why this dangerous, life-threatening condition, being the brush and debris, is allowed to exist on City property when the City has rigorous enforcement programs for private properties. Traffic Signals Sid Soffer, 900 Arbor Street, Costa Mesa, commented that he attended the Transportation Commission meeting at which traffic signals were addressed, and was happy to learn that the City's traffic consultant has completed 70 percent of Phase 1. Ahoha Palms Don Hunter, Goldenstate Mobile Homeowners, 890 West 15th Trailer Park Street, Space 98, Newport Beach, expressed his concern over the conditions at the Aloha Palms Trailer Park on 16th Street. He recommended that the City condemn the park until it can be brought up to acceptable standards. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Items Continued Member Genis, and carried 5-0, the following items were to July 2, 1990 continued to the meeting of July 2, 1990: OLD BUSINESS Discussion of Council Policy No. 100-4, funding for Council Policy 100-4 organizations who provide services to illegal aliens. Na? BUSINESS Ordinance amending the conflict of interest code of Conflict of Interest the City of Costa Mesa, and a report by the City Attorney. NEW BUSINESS Cultural Arts Recommendations from the Cultural Arts Committee on Committee grant allocations for 1990-91. CONSENT CALENDAR The following item was removed from the Consent Calen- dar: Item 8, Completion of the Adams Avenue/Placentia Avenue Improvements. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Valerie Brown; Darrell Cass; Christopher Cuthill; Craig Hendershot; Herb Roman; and Jonathan Wood. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: Absolute Visuals, Licenses doing business as Popeye's Galley, 1700 Placentia Avenue; Challita & Ayoub International, doing business as Arnie's Manhattan Restaurant and Delicatessen, 2831 Bristol Street, No. A; Connoisseur Investment Corporation, doing business as Fat Freddy's., 2949 Fairview Road; Kane West Corporation, doing business as Club Shiki, 891 Baker Street, Suite 10-A; Kawamoto and Sugawara Corporation, doing business at 688 Baker Street, Suites 9 and 10; Bradley J. Martin, doing business as Lamppost Pizza, 462 East 17th Street; and Majid A. Shounia, doing business as Qwik Korner, 612 Baker Street. Malathion Letter from Phillip Cutler, 3290 Turlock Drive, Costa Spraying Mesa, along with documentation, requesting that the City take a position on the issue of aerial spraying of malathion. SET FOR PUBLIC On motion by Council Member Amburgey, seconded by Vice HEARING Mayor Hornbuckle, and carried 5-0, the following items were set for.public hearing on July 2, 1990, at 6:30 GP -90-02B and p.m., in the Council Chambers of City Hall: R-90-05 O'Neil, et al For Thomas C. O'Neil, et al, 389 Ralcam Place, Costa Mesa, for property at 358-399 Ralcam Place: MOTION Hearing Set for General Plan Amendment GP -90-02B, to change the July 2, 1990 Land Use Designation from Low Density Residential to Medium Density Residential; and Rezone Petition R-90-05, to change the zoning from R1 to R2. Environmental Determination: Negative Declaration. WARRANTS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Warrant Resolution 1469, including MOTION Payroll 9012, was approved by the following roll call Warrant Approved vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following claims were rejected: Giselle Dicker Giselle; Landers Kathleen P. Landers; Moss David Moss; and Newton Jerald and Mary Jo Newton. ADMINISTRATIVE Bids received for Bid Item No. 892, Audio -Visual and ACTIONS Video Equipment, are on file in the Clerk's office. On motion by Council Member Amburgey, seconded by Vice Bid Item No. 892 Mayor Hornbuckle, the contract was awarded to Audio Audio -Visual and Graphic Systems, Incorporated, Post Office Box 1060, San Video Equipment Bernardino, for $5,840.56. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Awarded to Audio Amburgey, Genis, Glasgow Graphic Systems NOES: COUNCIL MEMBERS: None ABSENT: ODUNCIL MEMBERS: None Street Improvements Bids received for Street Improvements on Bristol Street, on Bristol Street, Baker Street to Sunflower Avenue; on Bear Street, Baker Bear Street, and Street to the 405 Freeway; and on Sunflower Avenue, Bear Sunflower Avenue Street to Bristol Street, Specification No. 90-04, are 1 on file in the Clerk's office. On motion by Council MOTION Member Amburgey, seconded by Vice Mayor Hornbuckle, the Awarded to contract was awarded to Excel Paving Company, 2230 Lemon Excel Paving Avenue, Long Beach, for $1,652.274.67. 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 Budget Adjustment Staff recommended approval of Budget Adjustment No. 90 - No. 90-100 100 for $155,760.00, to provide an additional appropria- Sunflower Avenue tion for intersection improvements on Sunflower Avenue Improvements at Bristol Street, Bear Street, and Plaza Drive. On Costa Mesa motion by Council Member Amburgey, seconded by.Vice MOTION Mayor Hornbuckle, the budget adjustment was approved by Adjustment the following roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Trash Pickup Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None MOTION ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract No. 14208, Briggs Tract No. 14208 Development Corporation, developer, 23046 Avenida de la Briggs Development Carlota, Suite 315, Laguna Hills; one lot, 0.91 -acre, located at 2524 and 2528 Orange Avenue, for condominium MOTION purposes. On motion by Council Member Amburgey, sec - Map Approved onded by Vice Mayor Hornbuckle, the map was approved; the Council did accept on behalf of the City the ease- ments for emergency and security vehicle purposes, and a three-foot utility easement as shown on said map; did also approve the map pursuant to the provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; and the Clerk was authorized to sign the map 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 Agreement with Staff recommended approval of an agreement with the City Newport Beach and of Newport Beach and the County of Orange, to improve Orange County three signalized intersections along Irvine Avenue at Westcliff Drive/17th Street, Dover Drive/19th Street, Irvine Avenue and Highland Drive/20th Street. On motion by Council Traffic Signal Member Amburgey, seconded by Vice Mayor Hornbuckle, the Improvements agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion MOTION carried by the following roll call vote: Agreement AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Staff recommended approval of an agreement with Costa Costa Mesa Mesa Disposal, Incorporated (formerly Orco Disposal), Disposal 2051 Placentia Avenue, Costa Mesa, for $31,130.00, to provide a special Citywide residential trash pickup. Special Citywide On motion by Council Member Amburgey, seconded by Vice Trash Pickup Mayor Hornbuckle, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the MOTION City. The motion carried by the following roll call Agreement vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with BSI Staff recommended approval of an agreement with BSI Consultants, Incorporated, 1415 East 17th Street, Santa In-house Engineer- Ana, to provide in-house transportation engineering ing Services services for an amount not to exceed $50,000.00. On motion by Council Member Amburgey, seconded by Vice MOTION Mayor Hornbuckle, the agreement was approved, and the Agreement Mayor and Clerk were authorized to sign on behalf of Approved 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 Bid Item No. 852 Staff requested authorization to renew annual contracts Temporary Personnel in connection with Bid Item No. 852, Temporary Personnel Services Services, with the following providers: Kelly Temporary Services, 3525 Hyland Avenue, Suite 100, Costa Mesa; MOTION Norrell Services, No. 1 Park Plaza, Suite 315, Irvine; Contract Renewals Thomas Temporaries, 3151 Airway Avenue, Suite H2, Costa Approved Mesa; and Apple One, 3940 South Bristol Street, Suite 208, Santa Ana. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, renewal of the contracts was approved by the following roll call vote; AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of Completion of street and storm drain improvements for Improvements for Planning Action PA -85-21, for property at 881 Baker PA -85-21 by Street, have been completed to the satisfaction of the Candel Investments Public Services Director by Candel Investments, 2900 Bristol Street, Costa Mesa. On motion by Council Member MOTION Amburgey, seconded by Vice Mayor Hornbuckle, the Work Accepted improvements were accepted and the bonds were ordered exonerated. 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 Investment and A motion was made by Council Member Amburgey, seconded Reinvestment of by Vice Mayor Hornbuckle, to adopt Resolution 90-52, A Idle City Monies RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE CITY TREASURER TO MOTION INVEST AND REINVEST IDLE MONIES OF THE CITY OF COSTA Resolution 90-52 MESA IN ELIGIBLE SECURITIES AND TO SELL OR EXCHANGE Adopted SECURITIES PURCHASED, AND AUTHORIZING SAID TREASURER TO DEPOSIT -SUCH SECURITIES FOR SAFEKEEPING IN DESIGNATED BANKS AND SAVINGS AND LOANS AND AUTHORIZING THE SAID TREASURER TO DELEGATE TO THE DEPUTY TREASURER THE CARRY- ING OUT OF ANY SUCH TASKS. 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 Notice of Completion Item 8 on the Consent Calendar was presented: Comple- Adams Avenue at tion of the Adams Avenue/Placentia Avenue Improvements Placentia Avenue (Right -Turn Pocket and Signal Modification), Specifica- Improvements tion No. 89-04, by.Nobest, Incorporated, Post Office Box 874, Westminster. Richard Goldstein,.1981 Wallace, Costa Mesa, complained about the timing of the signals on weekends and after 6:00 p.m. on weekdays. The Public Services Director 1 responded that this construction project does not include timing of the signals.. Mayor Buffa requested that staff investigate Mr.'Goldstein's complaint. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Work Accepted Member Amburgey, the work was accepted; the Clerk was authorized to file a Notice of Completion; authoriza- tion was given to release retention funds 35 days there- after; the.Labor and Material Bond was ordered exoner- ated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. 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 HEARINGS The Deputy Clerk announced the public hearing, continued R -90 -03 -and from the meeting of May 21, 1990, for Donn Hall, 930 Appeal of PA -90-25 West 16th Street, Suite E2, Costa Mesa, authorized Hall/Hayashi agent for Kenneth Hayashi, 1900 Sepulveda Boulevard, Los Angeles, for property at 2881 and 2891 Bear Street and the adjacent flood control channel: Rezone Petition R-90-03, to rezone from R3 (Multiple - family Residental, 2,000 square -foot -unit) to R4 (Multiple -family Residential, 1,500 -square -foot -unit). Appeal of the Planning Commission's denial of Planning Action PA -90-25, for a variance from maximum number of stories (2 permitted, 3 proposed with a basement garage) in conjunction with the addition of 93 units to a 39 -unit apartment project (total of 132 units, including 13 to 26 density bonus units); and a vari- ance from maximum fence height requirements (6 feet permitted, 8 feet proposed). Environmental Determination: Negative Declaration. Letters were received from 201 residents of the Mesa del Mar tract opposing the project. Jack Hammett, Mesa del Mar resident, expressed his opposition to the applica- tions via a call to the Clerk's office. The Deputy City Manager/Development Services summarized the Staff Report and the memorandum dated June 14, 1990, reporting that staff and the Planning Commission recom- mended denial of the requests. Council Member Genis was concerned about the impacts on fish and wildlife. Authorized agent Donn Hall agreed with the Conditions of Approval but took exception to the finding on Page 7, Paragraph VIII, of the Staff Report, which states: "Although the lot is unusually shaped, it is staff's opinion that the lot's shape gives greater design flexibility". Don Donaldson, Psomas and Associates, 3187 Red Hill Avenue, Suite 250, Costa Mesa, showed slides of the flood control channel. Council Member Amburgey commented that it seemed a waste of time to proceed with a lengthy discussion on these items since it was apparent that neither the Council nor the neighboring community were interested in a three- story project in this area. He suggested that the applicant work with the Mesa del Mar Homeowners Associ- ation and redesign the project as a two-story complex. Mr. Hall spoke briefly about the flood control channel improvements and referred to some of the slides shown previously. MOTION A motion was made by Council Member Amburgey, seconded Continued to by Vice Mayor Hornbuckle, to continue the public hear - August 6, 1990 ing for 30 days (during later discussion, the meeting of August 6, 1990, was stipulated), and Mr. Hall was requested to work with his client and the homeowners association in an attempt to design a more acceptable project which would be less than three stories. Vice Mayor Hornbuckle advised Mr. Hall that she is not particularly interested in an R4 designation. Sid Soffer, 900 Arbor Street, Costa Mesa, contended that the Council had already made a decision before having heard Mr. Hall's entire presentation. The motion carried 5-0, and further discussion ensued. An unidentified person asserted that the City has not considered the impacts of this project on the water supply and traffic. Council Member Genis asked for clarification of the exact meeting to which this item will be continued. Council agreed that the public hearing will be continued to August 6, 1990. Vice Mayor Hornbuckle asked whether the project would have to be referred back to the Planning Commission if a complete redesign were submitted. The Deputy City Manager/Development Services replied that there was that possibility. Council Member Amburgey requested that the City Attorney provide a report regarding density bonuses at the August 6 meeting. PUBLIC HEARING The Deputy Clerk announced the public hearing, continued PA -88-189A from the meeting of May 21, 1990, to consider an appeal Ryder/Roxburgh of the Planning Commission's denial of Planning Action PA -88-189A from Kenneth A. Ryder, Pinto & Gromet, 2201 Dupont Drive, Suite 750, Irvine, representing Claudia Roxburgh, 245 Fischer Avenue, Suite B-4, Costa Mesa, to amend a Conditional Use Permit allowing expansion of a previously approved advertising/public relations agency in an industrial condominium complex at 245 Fischer Avenue, Suite B-6, in an MP zone. Environmental Deter- mination: Exempt. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Continued to Member Amburgey, and carried 5-0, the public hearing July 2, 1990 was continued to July 2, 1990, as requested by the applicant. PUBLIC HEARING The Deputy Clerk announced the public hearing, continued Victoria Street from the meeting of June 4, 1990, regarding the Victoria Widening Project Street widening: Conflict of Interest report from the City Attorney on whether Vice Mayor Hornbuckle is disqualified from voting on the decision to construct cul-de-sac/street improvements on Raleigh Avenue north. I N�y . Report from staff regarding acquisition of additional properties and the number of owners willing"to sell. Construction of cul-de-sacs on State Avenue, Miner Street, Puente Place, Meyer Place, Wallace Avenue, Raleigh Avenue north and south, and Sterling Avenue. .A communication was.received from Sherry Wentz, 2207 Raleigh Avenue, Costa Mesa, supporting the construction of a cul-de-sac on Raleigh Avenue. Communications were received from residents requesting an environmental analysis of the impacts on land uses on Oak Street between Monrovia and Continental Avenues, and on Continental Avenue between Oak and Victoria Streets, resulting from the additional access to Victoria Street from the frontage road at Continental Avenue: Diana T. Blaisure, 2083 Continental Avenue; Elizabeth Orzeck, 2113 Continental Avenue; Robert and Marge Sanderson, 2109 Continental Avenue; Jimmie Clay, 2103 Continental Avenue; Edna and Warren Smith, no address given; Anthony Kubis, 861 Victoria Street; Richard Davila, 2129 Continental Avenue; Rosemary Dunham, 2123 Continental Avenue; Marshall Bryan, 2110 Continental Avenue; Linda Ellerman, 2104 Continental Avenue; Maria Davila, 2100 Continental Avenue; and C. L. Azlin, 2099 Continental Avenue. The City Attorney referred to his report dated June 12, 1990, Legal Opinion No. 90-17, and advised Council that after thorough investigation, it was his opinion that Vice Mayor Hornbuckle is not disqualified from voting on the improvements for Raleigh Avenue north. The Public Services Director reviewed his memorandum of June 12, 1990, which addresses the number of properties that would require full acquisitions if cul-de-sacs with radii of 40 feet were constructed, and the feelings of affected property owners regarding the sale of all or a portion of their properties to the City for the improve- ments. The Director reported that the owners of 2136 Raleigh Avenue and 2135 Sterling Avenue were willing to sell their entire parcels to the City for the project. Mary McDonald, 2152 Raleigh Avenue, Costa Mesa, stated that she previously mentioned the danger of exiting from the three driveways on Victoria Street and was under the impression that the driveways would be moved. The Assistant City Engineer responded that the driveways would be relocated as part of the final design process. Harvey Corbell, 2094 Continental Avenue, Costa Mesa, submitted the aforementioned letters from residents on Continental Avenue and Victoria Street concerning the access from the Continental Avenue frontage road to Victoria Street. D. W. McDonald, 2152 Raleigh Avenue, Costa Mesa, spoke about the need for a sound wall in the vicinity of his home, the need for an easement through the property at the northwest corner of Raleigh Avenue and Victoria Street in order to relocate the driveways, and the need for a cul-de-sac in that area. Brian Wickersheim, 2136 Sterling Avenue, Costa Mesa, reported that he was surprised to learn that the City was considering the acquisition of his property. The W: Public Services Director confirmed that since the owner of the property at 2135 Sterling Avenue is agreeable to selling his lot to the City, Mr. Wickersheim's parcel will not be needed. John Westrem, owner of property at 548 Victoria Street, Costa Mesa, stated that he was told that there would be a full take of his property. The Public Services Director responded that staff prefers to take as little of the property as possible, but if an agreement cannot be negotiated, a full take may be necessary. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, asked if cul-de-sacs were addressed in the initial Environ- mental Impact Report (EIR). The Assistant City Engineer responded that they were addressed; however, it was not until last year when Council directed staff to actually move ahead with the cul-de-sacs that the addendum to the EIR was prepared. It was Mr. Pizarek's opinion that cul-de-sacs should be constructed on all streets off Victoria Street because the impact on these streets is unknown. Mr. Pizarek also spoke about the need for proper notification to affected property owners. Richard Goldstein,'1981 Wallace Avenue, Costa Mesa, was concerned about the traffic impacts on Wilson and Hamilton Streets. Council Member Genis mentioned that she did not vote to certify the environmental documents because the traffic impact on adjacent.streets was not addresssed. Mary Surprenant, 2093 Continental Avenue, Costa Mesa, stated that it is extremely difficult to exit her drive- way now, and with the addition of 800 or 900 cars per day, it will be impossible to do so. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested notifying all affected residents to attend an informal meeting where people will feel free to discuss their problems. Larry Richardson, 2178 Raleigh Avenue, Costa Mesa, commented that it was his understanding that the only issue before the Council this evening is construction of the cul-de-sacs. There being no other speakers, the Mayor closed the public hearing. Discussion ensued regarding staff's providing additional information on the Continental Avenue access. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Design Alternative Council Member Glasgow, to approve Design Alternative No. 3 Approved No. 3 for construction of five cul-de-sacs with 36 -foot radii, as outlined in a memorandum from the Public Services Director dated May 23, 1990. AMENDED MOTION After discussion, Vice Mayor Hornbuckle amended her Staff Directed to motion to include a direction to staff to investigate Provide Cost Data the cost of constructing two cul-de-sacs with radii of for Two Cul-de-sacs 40 feet, based on the information that the property with 40 -Foot Radii owners at 2136 Raleigh Avenue and 2135 Sterling Avenue are willing to sell their entire properties to the City for this purpose. Vice Mayor Hornbuckle emphasized that a decision regarding the 40 -foot -radius cul-de-sacs would be made after staff has provided budgetary data. Council Member Glasgow declined to second the amended motion. The amended motion was seconded by Council Member Amburgey, and carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey NOES: COUNCIL MEMBERS: Genis, Glasgow ABSENT: COUNCIL MEMBERS: None ANNOUNCEMENT Mayor Buffa announced that the 1990-91 City Budget and funding for the Tourism, Arts, and Promotion Corpora- tion would be taken out of order because of Vice Mayor Hornbuckle's having to leave the meeting before its conclusion. OLD BUSINESS The City Manager presented the City Budget for fiscal 1990-91 City year 1990-91, which includes amendments discussed at the Budget Council Study Session of June 11, 1990. He reported that the document reflects a balanced budget without transferring money from the City reserve fund. The Finance Director referred to her memorandum dated June 14, 1990, which details the budget revisions made at the direction of Council. She pointed out that appropriations have been increased by $435,000.00 for capital improvements; and there is a $2,258,780.00 reduction in appropriations which represents increased or enhanced levels of service. The Director suggested that any items removed from the budget be considered during the fiscal year at which time staff would be able to make appropriate recommendations for funding from the existing budget. Former Mayor Alvin Pinkley, 1833 Fullerton Street, Costa Mesa, commended Council and staff on the revised budget, and expressed his support of maintaining a 25 percent reserve for emergencies. Sid Soffer, 900 Arbor Street, Costa Mesa, commented on former Mayor Pinkley's past contribution to the City's maintaining a sound financial status. Vice Mayor Hornbuckle stated that Council may want to consider adding some of the staff positions which were removed in the revised budget where possible. She suggested reducing the Council Contingency Fund to approximately $74,000.00 in order to restore the Risk Management Office Specialist position. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Revised Budget Council Member Amburgey, to approve the 1990-91 City Approved Budget as amended in the memorandum from the Finance Director dated June 14, 1990, with the understanding that information will be forthcoming from staff on the possibility of considering the additional positions at a later time, specifically, the Risk Management Office Specialist position and the Police DUI Team. 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 OLD BUSINESS The City Manager presented reports from staff concerning Funding -for TAP allocation of funds for the Costa Mesa Tourism, Arts, and Promotion (TAP) Corporation, including a revised financial report for the Festival of Britain. The Finance Director summarized her memorandum dated June 14, 1990, which contains information on a survey of all Orange County cities relating to Transient Occupancy Tax (TOT) rates (Page 3 of the memorandum), and four options for funding the TAP Corporation for fiscal year 1990-91. The Finance Director referred to staff's memorandum dated June 15, 1990, which addresses the revised financial impact of the Festival of Britain. She noted that according to the Festival's estimate, the City could expect'to receive approximately $603,000.00 in current and deferred revenue over the next several years; however, staff believes the figure is optimistic, and estimated that the amount would probably be.in the area of $297,600.00. Council Member Amburgey referenced his memorandum dated June 15, 1990, which contains an additional option for funding the TAP Corporation. Lori Houghton, 236 Costa Mesa'Street, Costa Mesa, Chair- person of the Cultural Arts Committee, urged Council to fund the TAP Corporation as generously as possible. Bruce Joseph, Executive Director of the Festival of Britain, 611 Anton Boulevard, Costa Mesa, described some of the events which are planned for the celebration. MOTION A motion was made by Council Member Amburgey, seconded To Approve the by Council Member Glasgow, to approve the option recom- Option Recommended mended in his memorandum of June 15, 1990: fund the by Council Member TAP Corporation in an amount between $1.5 and $2.5 Amburgey million for the first year from the Redevelopment Agency bank note fund; increase the Transient Occupancy Tax by 2 percent beginning July 1, 1991, and allocate that increase to the TAP Corporation, along with 2 percent from the present 6,percent Transient Occupancy Tax. Mayor Buffa commented that the Festival of Britain would be an excellent test case to determine the return to the City from this type of project. SUBSTITUTE MOTION A substitute motion was made by Mayor Buffa allocating $425,000.00 $400,000.00 from the unencumbered Redevelopment Agency Authorized for fund to Festival of Britain, and $25,000.00 from the Festival of budgeted Advertising and Promotional fund to the Costa Britain and TAP Mesa Tourism, Arts, and Promotion (TAP) Corporation Promotion (TAP) Corporation to allow the latter organ- ization to continue and to have minimal office expenses covered. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Amburgey, Glasgow RECESS The Mayor declared a recess at 9:45 p.m., and the meet- ing reconvened at 10:00 p.m. Vice Mayor Left Vice Mayor Hornbuckle left the meeting when recess was the Meeting declared.. Council Member Council Member Amburgey was absent during discussion of Amburgey Absent the following public hearing. PUBLIC HEARING The Deputy Clerk announced that this was the time and 1989-90 Appropri- place set for the public hearing to consider recal- tion Limit culation of the City's appropriation limit for fiscal year 1989-90, resulting in a revised limitation of M $59,989,586.00. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The City'Manager explained that this item and the next public hearing (1990-91 appropriation limit) concern a reassessment of the Gann Limitation by the Finance Director and the City Attorney. The Finance Director referred to her memorandum dated June 11, 1990, reporting that the calculation of the formula for the annual appropriation limit is admin- istered by the State of California based on the 1978-79 Base Year Appropriation; cumulative population growth from 1978-79 through 1990-91; and the lesser of the Annual Consumer Price Index (CPI) or the annual growth in per capita income. The memorandum indicates that the recalculation resulted in a net increase of approximate- ly $8.6 million for 1978-79, and the proposed resolution restates the appropriation limit for the 1978-79 Base Year and each subsequent fiscal year through 1989-90. MOTION On motion by Council Member Genis, seconded by Mayor Resolution 90-53 Buffa, Resolution 90-53, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETER- MINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR OF 1989-90, IN ACCORDANCE WITH ARTICLE XIII -B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle, Amburgey Council Member Council Member Amburgey returned to the Council Amburgey Returned Chamber prior to the following public hearing. PUBLIC HEARING The Deputy Clerk announced that this was the time and 1990-91 Appropri- place set for the public hearing to consider the City's tion Limit appropriation limit for fiscal year 1990-91 which has been established at $63,477,881.00. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The Finance Director reviewed her memorandum of June 11, 1990, which explains the calculations for the 1990-91 appropriations limit. MOTION On motion by Council Member Genis, seconded by Mayor Resolution 90-54 Buffa, Resolution 90-54, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETER- MINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR OF 1990-91, IN ACCORDANCE WITH ARTICLE XIII -B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle PUBLIC HEARING The Deputy Clerk announced that this was the time and 1990791 CDBG Funds place set for the public hearing to review and invite public comments on Costa Mesa's 1990-91 Community Development Block Grant (CDBG) application and the proposed reallocation of past years' unexpended CDBG funds. The Affidavit of Publication is on file with the Community Development Division. No communications were received. The City Manager reviewed his memorandum dated June 8, 1990, which details the recommendations made by the Ad Hoc Community Development Committee. The Redevelopment Agency Principal Planner answered questions regarding the allocation of $224,000.00 for Palace Avenue improvements. Discussion ensued con- cerning the City's past attempts to upgrade this street. Sid Soffer, 900 Arbor Street, Costa Mesa, asked ques- tions about the types of projects for which the funds could be spent, and the City Manager explained the Federal criteria. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Genis, seconded by Approved Recom- Council Member Amburgey, approving the recommendations mendations of the of the Ad Hoc Community Development Committee regarding Ad Hoc Committee the 1990-91 Community Development Block Grant applica- tion and reallocation of past years' unexpended Commun- ity Development Block Grant funds. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, NOES: COUNCIL MEMBERS: Glasgow ABSENT: COUNCIL MEMBERS: Hornbuckle MOTION A motion was made by Council Member Genis, seconded by Approved Submittal Council Member Amburgey, approving submittal of the of Applications 1990-91 Community Development Block Grant application to HUD and amendments to past years' applications to the United States Department of Housing and Urban Develop- ment (HUD). The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, NOES: COUNCIL MEMBERS: Glasgow ABSENT: COUNCIL MEMBERS: Hornbuckle NEW BUSINESS The Deputy Clerk presented Planning Action PA -90-33A, PA -90-33A Craig S. Hampton, 18102 Sky Park South, Suite A-1, Hampton/Catte Irvine, authorized agent for Catte Development, 135 Development Commercial Way, Costa Mesa, for an amendment to a previously approved Planned Development (PA -90-33), including variances from common open space requirements (25 feet of landscaping required; 10 feet proposed), and minimum garage door width requirements (18 feet required, 16 feet proposed) for property at 2109-2115 Valley Road in a PDR -MD zone. Environmental Determina- tion: Negative Declaration. The Deputy City Manager/Development Services gave a slide presentation'on the original and revised site plans, and summarized the Staff Report and staff's memorandum of June 14, 1990. He explained the plan modifications which would include rearrangement of the buildings, a reduction or increase in building separa- tion dimensions and setbacks, and changes in the origin- ally approved elevations. The Deputy City Manager reported that staff viewed the new plans as a vast improvement; however, they were not comfortable with reducing the front setback to 10 feet. He stated that the Planning Commission felt there were adequate find- ings to approve the reduced setback. Craig Hampton, architect for the project, agreed to all conditions contained in the Staff Report, and summar- ized his report dated June, 1990. He reported that he redesigned the project, taking into account the neigh- bor's concerns. While answering questions from Council Member Genis, Mr. Hampton explained that 16 feet is now the standard width for garage doors. Roger Blanchard, 1144 Sea Bluff Drive, Costa Mesa, commented that he liked the revised plan much better than the original one. Sid Soffer, 900 Arbor Street, Costa Mesa, felt it was unnecessary to require a variance for the garage door width. Ron Amburgey, 2736 Cibola Avenue, Costa Mesa, one of the project owners, commented that the revised plan addresses the concerns of the neighbors. MOTION A motion was made by Council Member Amburgey, seconded Approved Revised by Mayor Buffa, adopting the Negative Declaration of Site Plans and Environmental Impact, and approving the revised site Variances plans and variances as recommended by the Planning Commission. Sid Soffer, 900 Arbor Street, Costa Mesa, commented on the findings which were included with the Planning Commission's recommendation. The motion carried 4-0, Vice Mayor Hornbuckle absent. NEW BUSINESS The Deputy Clerk presented a request for $2,000.00 from Funding for United the United States Cycling Federation, to fund the first States Cycling annual Grand Prix. Federation The City Manager recommended that if Council were to approve the request, the money would be taken from the Advertising and Promotional account. No Action Taken The applicant was not present; therefore, no action was taken. NEW BUSINESS The Deputy Clerk presented options for design of the Design of the Senior Center Parking Facility: Senior Center Parking Facility Option No. 1 - Amend the original contract with the Senior Citizens Nonprofit Corporation, for an amount not to exceed $14,450.00, to prepare plans and speci- fications. Option No. 2 - Enter into a separate contract with Wolf, Lang, Christopher, for design services. Option No. 3 - Direct that the City contract directly with a design firm through the RFP (Request for Proposals) process. Option No. 4 - Direct that the City contract directly with a design firm through the informal bid process. The City Manager referred to a memorandum from the Community Services Director dated June 8, 1990, and recommended approval of Option No. 3. MOTION A motion was made by Council Member Amburgey, seconded Approved by Council Member Glasgow, approving Option No. 3. The Option No. 3 motion carried 4-0, Vice Mayor Hornbuckle absent. NEW BUSINESS The Deputy Clerk presented a request from Concerned CCCM vs. Ned West Citizens of Costa Mesa, Incorporated_, for funding in the estimated amount of $18,000.00, -.for court costs in connection with the Pacific Amphitheatre litigation. In addition, the City Attorney -requested a closed session, pursuant to Government Code .Section 54956.9, to discuss Orange County Superior Court Case No. 42-07-28, Concerned Citizens of Costa Mesa vs. Ned West. Request for Council Member Amburgey requested a rehearing of the Rehearing - TAP TAP Corporation item. He felt that more time was needed Corporation to discuss this issue. Conference of Mayor Buffa requested that Council Member Genis submit Mayors a report on the recent Conference of Mayors whenever it was convenient for her to do so. ADJOURNMENT TO At 11:20 p.m., the Mayor adjourned the'Meeting to a CLOSED SESSION closed session in the first floor Conference Room to discuss the request from Concerned Citizens of Costa Case No. 42-07-28 Mesa for approximately $18,000.00 to cover court costs CCCM vs. Ned West in conjunction with Orange County Superior Court Case No. 42-07-28, Concerned Citizens of Costa Mesa vs. Ned West. The Mayor did not attend the closed session. ADJOURNMENT The Mayor declared the meeting adjourned at 11:45 p.m. P Mayor of the City tv osta Mesa ATTEST: p City Clerk of the_City of Cost Mesa 1 Mayor Buffa announced that he will be abstaining from discussion on this item because of his sharing an office with a member of the Orange County Fair Board. The City Attorney requested that the closed session be held at the end of regular business. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about the possibility of a tie vote. CITY ATTORNEY The City Attorney presented Report No. 90-19, Contracts REPORT not Subject to Formal Bidding Requirements. Since this Contracts was an informational item only, no action was required. CITY MANAGER The City Manager thanked the Finance Director and staff REPORT for their work on the City Budget. COUNCIL MEMBERS Council Member Genis referred to earlier discussion on COMMENTS the Aloha Palms Trailer Park, 133 East 16th Street, and Aloha Palms requested staff to provide an update on that property. Damon Construction Council Member Genis reported that she has heard some very positive comments on the work being done by Damon Construction Company. Student Council Member Genis mentioned a memorandum she sent to Government Day each Council Member regarding a Student Government Day, and requested comments. Mayor Buffa expressed his support of her proposal. Video Policy Council Member Genis spoke about recent videos which were shown during Council meetings, and suggested adopt- ing a Council Policy. She was concerned about the video on Propositions 108 and 111 being a political advertise- ment. Request for Council Member Amburgey requested a rehearing of the Rehearing - TAP TAP Corporation item. He felt that more time was needed Corporation to discuss this issue. Conference of Mayor Buffa requested that Council Member Genis submit Mayors a report on the recent Conference of Mayors whenever it was convenient for her to do so. ADJOURNMENT TO At 11:20 p.m., the Mayor adjourned the'Meeting to a CLOSED SESSION closed session in the first floor Conference Room to discuss the request from Concerned Citizens of Costa Case No. 42-07-28 Mesa for approximately $18,000.00 to cover court costs CCCM vs. Ned West in conjunction with Orange County Superior Court Case No. 42-07-28, Concerned Citizens of Costa Mesa vs. Ned West. The Mayor did not attend the closed session. ADJOURNMENT The Mayor declared the meeting adjourned at 11:45 p.m. P Mayor of the City tv osta Mesa ATTEST: p City Clerk of the_City of Cost Mesa 1