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HomeMy WebLinkAbout08/06/1990 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 6, 1990 The City Council of the City of Costa Mesa, California, met in regular session August 6, 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 Mrs. Wendy Manker, First Church of Christ Scientist. ROLL CALL Council Members Present: Mayor Peter Buffa Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: Officials Present: Vice Mayor Mary Hornbuckle City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Risk Manager Edward Raya City Clerk Eileen Phinney ORDINANCES A motion was made by Council Member Amburgey, seconded by Council Member Glasgow, and carried 4-0, to read all ordinances by title only. ORAL COMMUNICATIONS Randy Pesqueira, 280-B 16th Place, Newport Beach, read a proclamation deploring the City for its decision Arts Funding concerning funding for the arts. Towing Business Harry Sergison, 3122 Barbados Place, Costa Mesa, spoke in Residential about problems caused by a towing business operating Area in the Mesa Verde area, in an R1 zone. He was told that the Municipal Code allows this use, and he requested that Council amend the Code so that this type of business would not be permitted in a residential neighborhood. Tree Removal Bert Ohlig, 487 Esther Street, Costa Mesa, submitted copies of a document outlining the concerns of residents near Irvine Avenue regarding installation of a sidewalk, particularly as it may affect some large trees. He spoke about the emotional, econcmic,.and environmental areas of concern. MOTION A motion was made by Council Member Genis, seconded by Authorized Addi- Council Member Glasgow, to allow additional time for tional Time to Mr. Ohlig to complete his presentation. The motion Speak carried 3-1, Council Member Amburgey voting no. Mr. Ohlig asked that the City consider construction at the intersections as shown in the second illustration on Page 2 of the document he provided. The Public Services Director reported that staff had contacted owners of property adjacent to the trees and informed them that the amended design for the handicap ramps will not affect the trees. Mayor Buffa encouraged Mr. Ohlig to keep in contact with the Public Services Director for updates on the project. A petition containing 110 signatures of area residents was submitted to the Clerk requesting adoption of a policy providing for protection of all eucalyptus trees fronting on Irvine Avenue. The following Costa Mesa residents spoke in opposition to removal of trees on Irvine Avenue: Inez Osborne, 1973 Irvine Avenue; Janet Baker, 271-A East Cabrillo Street; and Gerald Zimmerman, 420 Costa Mesa Street. Wayne Standfield, 452 Esther Street, commented that everyone in the neighborhood should have been advised of the sidewalk project. Mass Transit Phil Morello, 592-C Hamilton Street, Costa Mesa, mentioned that he had seen the Mayor on a television program regarding mass transit systems, and concurred with many of the ideas offered by the participants. Mocking Birds Janice Davidson, 1982 Arnold Street, Costa Mesa, spoke about the noisy mocking birds on her property. Police Commended Sid Soffer, 900 Arbor Street, Costa Mesa, reported that that he observed two Costa Mesa police officers trying trying to discourage a woman from committing suicide, and commended them for their concern. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 2, setting a public hearing to consider Rezone Petition R-90-06, for property at 357 West Wilson Street; Item 4, Warrant Resolution 1473; Item 5, Claim from Linda Lee McDonald; Item 6, Claim from Kimberly Boyer; Item 12, Budget Adjustment No. 91-8, to transfer Measure "C" funds as a loan for the Victoria Street widening; Item 13, Agreement with Care Resources; and Item 14, Agreement.with IRA Engineers for I-405 Access Improvements, and trip fee credit for C. J. Segerstrom for funding document preparation. On motion by Council Member Glasgow, seconded by Council Member Amburgey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow None Hornbuckle READING FOLDER On motion by Council Member Glasgow, seconded by Council Member Amburgey, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Arts Auto Parts; Luke Wayne Lounsbury, Jordan Lee Lounsbury, and Verneice Lounsbury; Helen Louise Ramsland; Mimi Houk; Scott Hall; Bret Hill Bashara; and Maria Seco. Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been Licenses approved by the Planning staff: Cora L. and Victor M. Bonilla, doing business at 727 West 19th Street; Helena Marie T. Briggs, doing business as The Wrapper, 3333 Bear Street, Unit 307; Henry Ming Lai Lau and Belinda Chiu Man Ong, doing business as Picante Mexi- can Food, 1835 Newport Boulevard, Unit D155; SFI 1 Corporation, doing business as Smart and Final, 707 West 19th Street; Adad Limited, doing business as The Neighbors Sports Tavern, 820 West 19th Street; and Trang Diem T. Nguyen, doing business as Villa Margarita, 103 Santa Isabel Avenue. An Alcoholic Beverage License application from Rubon M. Sanchez, doing business as Rio De Janiero, 580 Anton Boulevard, Unit 201, is being protested by the Planning staff based on the inconsistency between the business names shown on the ABC application and the City Business License. _Discrimination: Letter from Michael L. Harroun, World Council for Tin Lizzy Bar Human Awareness, 537 Newport Center Drive, Suite 184, Newport Beach, charging the Tin Lizzy Bar, 752 Saint Clair Street, with discrimination against hetero- sexuals. Arts Funding Letter from Douglas Barker, 1000 Physical Science Road, No. A-49, Irvine, expressing concern over a recent -arts funding decision. Letter from Stan McClure, Post Office Box 5585, Orange, commending Council on the decision to ban art grants for obscene projects. Sober Living Letter from Dr. Renee' Namaste', ARC, 3142 Cork Lane, Residence Costa Mesa, notifying Council that she is providing a social service to the community by using her home as a sober living residence for 6 to 12 residents. Fireworks Letter from Melva Neft, 3132 Madeira Avenue, Costa Mesa, requesting Council to ban the sale and use of fireworks. SET FOR PUBLIC On motion by Council Member Glasgow, seconded by Council HEARING Member Amburgey, and carried 4-0, the following item was set for public hearing on August 20, 1990, at 6:30 p.m., in the Council Chambers of City Hall: Addendum No. 3 for Addendum No. 3 to Environmental Impact Report No. 1037 EIR No. 1037 and and General Plan Amendment GP -90-03, City of Costa GP -89-03 Mesa, to amend the Master Plan of Highways for Bristol City of Costa Mesa Street by upgrading to a modified major arterial from Anton Boulevard to the I-405 Freeway, adding a north - MOTION bound and southbound through -lane, and by upgrading Hearing Set on the intersection at Anton Boulevard to three westbound August 20, 1990 left -turn lanes. ADMINISTRATIVE The Monument Sign and Other Improvements at the Donald ACTIONS Dungan Library have been completed to the satisfaction of the Community Services Director by Brandt Development Notice of Completion Limited, 2418 MacArthur Boulevard, Suite 500, Newport Donald Dungan Beach. On motion by Council Member Glasgow, seconded Library; Brandt by Council Member Amburgey, the work was accepted; the Development Clerk was authorized to File a Notice of Completion; and authorization was given to release retention and MOTION escrow funds 35 days thereafter. The motion carried by Work Accepted the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Final Map for The Final Map was presented for Tract 14217, Michael Tract 14217 Talbott, developer, 4350 Von Karman Avenue, Suite 100, Talbott Newport Beach; one lot, 0.37 -acre, located at 121 East t ,f 23rd Street, for condominium purposes. On motion by MOTION Council Member Glasgow, seconded by Council Member Map Approved Amburgey, the map was approved; the Council did accept on behalf of the City, the dedication for ingress/ egress over Lot "A" for emergency and security vehicle purposes; did also approve said map pursuant to the provision of Section 66436(c)(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, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Improvements for Street, storm drain, and traffic improvements have been S-84-378 by Red completed to the satisfaction of the Public Services Lion Inn Director by the Red Lion Inn, 3050 Bristol Street, in connection with Parcel Map S-84-378. On motion by MOTION Council Member Glasgow, seconded by Council Member Work Accepted Amburgey, the work was accepted, and authorization was given to release the $10,000.00 cash deposit. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Budget Adjustment On motion by Council Member Glasgow, seconded by Coun- No. 91-6 for I-405 cil Member Amburgey, Budget.Adjustment No. 91-6 for Access $4,700.00, to provide an appropriation for additional consulting services regarding the I-405 Access Improve - MOTION ments, was approved by the following roll call vote: Adjustment AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Approved Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Budget Adjustment On motion by Council Member Glasgow, seconded by Coun- No. 91-7 for cil Member Amburgey, Budget Adjustment No. 91-7 for Irvine Avenue $51,885.00, to provide an adequate appropriation to Traffic Signals upgrade traffic signals at seven locations along Irvine Avenue, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Adjustment Glasgow Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle R-90-06 Item 2 on the Consent Calendar was presented: Set a The Louie Group/ public hearing for Rezone Petition R-90-06, The Louie Saint -Erne Group, 210 Adams Avenue, Suite 100, Huntington Beach, authorized agent for Philip C. Saint -Erne, M.D., c/o John Flatt, 4400 MacArthur Boulevard, Suite 370, Newport Beach, to rezone property at 357 West Wilson Street from AP (Administrative and Professional) to R4 (Multiple - family Residential); one unit per 1,500 -square -foot lot area. Environmental Determination: Negative Declara- tion. Council Member Genis removed this item from the Consent Calendar to announce that she does not endorse R4 zoning; however, the City Attorney had advised her that Council could approve R3 zoning, if appropriate. MOTION On motion by Council Member Genis, seconded by Council Hearing Set for Member Glasgow, and carried 4-0, this item was set for August 20, 1990 public hearing on August 20, 1990, at 6:30 p.m., in the Council Chambers of City Hall. 7 u Warrant Item 4 on the Consent Calendar was presented: Warrant Resolution 1473 Resolution 1473, including Payroll 9015. Sid Soffer, 900 Arbor Street, Costa Mesa, wanted an explanation of a warrant resolution. Mayor Buffa replied that the document contains a list of checks being processed by the City. MOTION On motion by Council Member Amburgey, seconded by Coun- Warrant cil Member Glasgow, Warrant Resolution 1473, including Approved Payroll 9015, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle McDonald Claim Item 5 on the Consent Calendar was presented: Claim from Linda Lee McDonald. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that the Agenda contain a description of the claim. MOTION On motion by Council Member Glasgow, seconded by Council Claim Rejected Member Amburgey, and carried 4-0, the McDonald claim was rejected. Boyer Claim Item 6 on the Consent Calendar was presented: Claim from Kimberly Boyer. Sid Soffer made the same suggestion about this claim. A motion was made by Council Member Glasgow, seconded by Council Member Amburgey, and carried 4-0, to reject the Section 998 offer to compromise before trial for $2,500,000.00. Budget Adjustment Item 12 on the Consent Calendar was presented: Budget No. 91-8/Victoria Adjustment No. 91-8 for $650,000.00, to be transferred Street Project as a loan from Measure "C" Sidewalk Construction Project for additional acquisition expenditures associated with the Victoria Street Widening Project; loan to be repaid when bond funds become available in November, 1990. Sid Soffer asked for an explanation of this item. The Public Services Director reported that the Measure "C" money for Victoria Street sidewalks would be returned to that account when money from the sale of Victoria Street bonds becomes available. MOTION On motion by Council Member Glasgow, seconded by Council Adjustment Member Amburgey, the budget adjustment was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Agreement with Item 13 on the Consent Calendar was presented: An Care Resources agreement with Care Resources, Incorporated, 23840 Hawthorne Boulevard, Suite 100, Torrance, to provide Employee an employee assistance program at an estimated annual Assistance cost of $16,500.00. Program Sid Soffer asked for information on this item. The City Manager responded that assistance will be provided to employees with drug and/or alcohol abuse problems, emotional problems, etc. MOTION Council Member Genis made a motion, seconded by Council Agreement Member Glasgow, approving the agreement and authorizing Approved the Mayor and Clerk to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Agreement with Item 14 on the Consent Calendar was presented: Agree- IWA Engineers for ment with IWA Engineers, 17390 Brookhurst Street, Suite I-405 Access; and 100, Fountain Valley, for $293,930.00, to prepare an Credit for C. J. Environmental Assessment and Project Report for the Segerstrom. I-405 access improvements; and a request to authorize C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, to fund the document preparation as credit toward the Town Center Development trip fees. Sid Soffer was opposed to charging developers trip fees. MOTION On motion by Council Member Glasgow, seconded by Council Agreement Approved; Member Amburgey, the following action was taken: the Segerstrom agreement was approved, and the Mayor and Clerk were Authorized to authorized to sign on behalf of the City; and C. J. Fund Project for Segerstram was authorized to fund the project as credit Credit toward trip fees. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle ANNOUNCEMENT Mayor Buffa announced that items on the Agenda which do not require immediate action would be trailed, and if Items Continued time permitted, they would be discussed. At 11:30 p.m., to a Future Council decided it was too late to proceed with the Meeting following items, and Mayor Buffa announced that they would be scheduled for a future Council meeting: OLD BUSINESS Continued from the meeting of July 16, 1990, Public Request for Funds Service Program Screening Committee's recommendation from YMCA that $11,400.00 be allocated to Newport -Costa Mesa YMCA Child Care/Sunshine Company, 2300 University. Drive, Newport Beach. OLD BUSINESS In-house recycling proposal from The Shred Company, In-house Recycling Post Office Box 10531, Costa Mesa, for one-year Proposal/Shred Co. pilot programs at City Hall and the Police Facility. OLD BUSINESS An ordinance establishing a Parks, Recreation Facili- Parks Commission ties, and Parkways Commission. NEW BUSINESS Request from the Cable Television Committee for paid Cable TV Committee cable service for its members. NEW BUSINESS Request from the Feedback Foundation for the City to Feedback Foundation waive its monthly rental fee at Rea Center. NEW BUSINESS Request to establish a Housing Development Standard Housing Development Ad Hoc Committee in conjunction with possible amend - Ad Hoc Committee ments to the park fee schedule. NEW BUSINESS Request to appoint two members to the Senior Citizens Seniors Committee Committee. NEW BUSINESS Request from the Orange County Division, League of 20 -Year Master Plan California Cities, to reaffirm the project list sub - of Transportation mittal for the 20 -year Master Plan of Transportation Improvements for Orange County. PUBLIC HEARING The Clerk announced the public hearing, continued from R-90-03 and the meeting of June 18, 1990, for Donn Hall, 930 West PA -90-25 16th Street, Suite E2, Costa Mesa, authorized agent for Hall/Hayashi 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 Residential, 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. PA -90-25' The Deputy City Manager/Development Services reported Withdrawn by that a letter was received from the authorized agent Applicant withdrawing his appeal of Planning Action PA -90-25, and requesting that Rezone Petition R-90-03 be held in abeyance until the revised plans have been processed. He stated that the new plan changes the project from three stories to two stories and eliminates the need for variances. Bill Kessel, 1122 Mission Drive, Costa Mesa, complained about the applicant's requesting another postponement, and mentioned that the neighbors object to the proposal to cover the flood control channel. In order to clarify the matter for Mr. Kessel, Mayor Buffa explained that the proposed three-story project has been withdrawn, and the rezone will be held in abeyance until new plans for a two-story project are processed. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that the applicant was made aware that Council was not in favor of three stories, and intends to modify the plans in order to present a more favorable project. Geraldine Evans, 2838 Drake Avenue, Costa Mesa, wanted to know if affected property owners would be notified when these items come back for consideration. The Deputy City Manager responded that it would be one or two months, and that property owners within 300 feet of the project site would be notified 10 days in advance. Ms. Evans contended that many affected owners were not notified of this hearing, and suggested that the notifi- cation otifi-cation area be enlarged. Mayor Buffa announced that anyone who wanted to be notified should call the Plan- ning Division. Council Member Genis requested that notifications be mailed to all persons who testified or submitted communications. Debbie Smith, 2858 Drake Avenue, Costa Mesa, expressed her concern that even though the project will be redesigned for two stories, the height will remain the same. She explained that density, increased traffic, and shortage of parking are the issues of concern. Council Member Amburgey pointed out that if the rede- signed project meets the guidelines for the existing zone, hearings will not be required; however, if the applicant intends to use the flood control channel, a zone change would be necessary. Ed Evans (no address given) stated that covering the channel would not be economically feasible in the R3 zone. MOTION A motion was made by Council Member Amburgey, seconded R-90-03 Held by Council Member Glasgow, and carried 4-0, to hold in Abeyance Rezone Petition R-90-03 in abeyance, and if the appli- cant were to pursue the zone change, the request would be set for public hearing and notifications mailed. PUBLIC HEARING The Clerk announced that this was the time and place Measure "C" set for the public hearing to consider awarding a Maintenance for contract for Measure "C" Maintenance (Heater Remix Adams Avenue method) for Adams Avenue from Placentia Avenue to the Santa Ana River, Project No. 90-06; and to consider the apparent low bidder's noncompliance with the "Subcon- tractors' Listing Law". The Public Services Director explained the "Heater Remix" method of pavement rehabilitation, stating that this method is comparable to all new asphalt and is considerably less expensive. The Director recommended awarding the contract to low bidder, Excalibur Contract- ing, Incorporated, and to schedule a public hearing at a later date to discuss the noncompliance issue because the contractor was unable to attend this meeting. Sid Soffer, 900 Arbor Street, Costa Mesa, noted that Measure "C" funds were being used for this project. Council.Member Genis suggested coordinating with Orange Coast College in regard to a starting date for the project, in order- to minimize traffic congestion when the school opens for the fall semester. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Amburgey, seconded Contract Awarded by Council Member Glasgow, to award the contract to to Excalibur Excalibur Contracting, Incorporated, 2760 South Harbor Contracting Boulevard, Unit F, Santa Ana, for $475,629.90. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle The Public Services Director stated that a new public hearing would be scheduled to discuss Excalibur's non- compliance -with the "Subcontractors' Listing Law". OLD BUSINESS The Clerk presented Ordinance 90-10 for second reading R-90-05 and adoption in connection with Rezone Petition R-90-05, O'Neil, et al Thomas O'Neil, et al, 389 Ralcam Place, Costa Mesa. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if notifications were sent when the public hearing was held for this item. The Deputy City Manager confirmed that notices had been mailed. MOTION On motion by Council Member Glasgow, seconded by Council Ordinance 90-10 Member Amburgey, Ordinance 90-10, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING .THE ZONING OF PROPE= AT 358 THROUGH 399 2' RALCAM PLACE FROM RI TO R2, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: Hornbuckle OLD BUSINESS The Clerk presented proposals for design of the parking Design of Parking lot for the Senior Citizens Multipurpose Center. Lot for Senior Citizens Center The City Manager summarized his report dated August 2, 1990, and referred to the summary of proposals received for design of the parking lot, ranging from $12,200.00 to $37,650.00. He commented on staff's recommendation to install parking on the balance of the site, and to delay work on the senior housing for the present time. The City Manager reported that the square footage of the Senior Center has increased from 16,000 to 20,000 square feet, and based on parking demands at other centers similar in size, 147 parking spaces would be required. He suggested that parking be designed for either the entire site or at least for the balance of the site exclusive of the senior housing area. The City Manager addressed the matter of awarding a contract for the parking lot design. He reported that Wolff/Lang/Christopher Architects, Incorporated, designer of the Center itself, submitted the second lowest bid ($14,450.00) for design of the parking lot, and the lowest bid ($12,200.00) was submitted by Dave McCauley and Associates; however, Wolff/Lang/Christopher advised staff that there would be an additional cost for coordination services should this contract be awarded to another firm. The City Manager answered questions from Sid Soffer regarding the roles of the City and the Senior Citizens Nonprofit Corporation in the construction and operation of this project. Council Member Glasgow, Council representative on the nonprofit corporation board, recommended awarding the contract to Dave McCauley and Associates, the low bidder; and expressed his displeasure with Wolff/Lang/ Christopher's intimidating the City by its announcement that an additional charge would be added if another firm were awarded the parking lot design contract. Council Member Glasgow also recommended that the space origin- ally designated for senior housing be reserved, that is, the area shall not be paved, but shall be used as a temporary parking area until a decision is made about the housing. MOTION A motion was made by Council Member Glasgow, seconded by Contract Awarded Council Member Amburgey, to award the contract to Dave to Dave McCauley McCauley and Associates, 1640 Sherwood Village Circle, and Associates Placentia, for $12,200.00. After discussion regarding coordination of data between Dave McCauley and Associ- ates and Wolff/Lang/Christopher, the motion carried 4-0. MOTION Council Member Glasgow made a motion, seconded by Coun- Authorized Area to cil Member Amburgey, and carried 4-0, to set aside a be Set Aside for portion of the site for senior housing, to use it for Senior Housing parking spaces until a final determination has been made, and to direct the designer to proceed accordingly. RECESS The Mayor declared a recess at 8:25 p.m., and the meet- ing reconvened at 8:35 p.m. OLD BUSINESS The Clerk presented a request from Attorney Alan R. Request for Rehear- Burns, representing Robert Ziemer, Henry and Harry's ing of PA -88-132 Goat Hill Tavern, 1830 Newport Boulevard, to rehear Ziemer/Goat Hill Planning Action PA -88-132 denied by Council on July 16, Tavern 1990, for renewal of a previously approved Conditional Use Permit for expansion of an existing bar within 200 feet of residential property, with a variance from parking requirements at the above address in a C2 zone. Environmental Determination: Exempt. Communications were received from the following Costa Mesa residents/business owners: Michelle Huling, 126 East 18th Street, Apartment D-204, opposing the rehear- ing; Sheila Hoffman, 126 East 18th Street, Apartment D-102, stating that the bar has not caused any problems for her; Brian Theriot, 2005 Paloma Drive, supporting the rehearing; John P. Evers Jr., D.C., relating prob- lems he has encountered because of Goat Hill patrons; Donna Schaefer, 122-A Magnolia Street, opposing the rehearing; and Sheila Ward, 122-D Magnolia Street, reporting that she has been the object of derogatory name-calling by people from the Goat Hill bar. The Deputy City Manager/Development Services answered questions from Council Member Amburgey regarding Plan- ning Action procedures, including appeal and rehearing requests. The appellant, Robert Ziemer, spoke about the improve- ments he has made to alleviate neighborhood problems, and stated that his request for rehearing is based on the information contained in a letter from Attorney Alan Burns dated July 18, 1990. Mayor Buffa referred to the photographs of Sheila Ward being given medical assistance (submitted by Mr. Ziemer at the July 16 meeting), and asked Mr. Ziemer if it was a mere coincidence that he had a camera available that evening. Mr. Ziemer replied that he has a camera at the site at all times. Sid Soffer, 900 Arbor Street, Costa Mesa, was in favor of granting a rehearing. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, was opposed to granting a rehearing. John Ryan, 129 Broadway, Costa Mesa, stated that the problems with the bar have not diminished, and suggested a 10:00 p.m. closing time. Brian Theriot, 2005 Paloma Drive, Costa Mesa, Costa Mesa Planning Commissioner, stated that Goat Hill Tavern has been in existence for 31 years and he was opposed to closing down a "landmark". Mr. Theriot was of the opinion that the Planning Commission should have had the opportunity to submit recommendations. Responding to a question from Council Member Genis, the City Manager stated that Goat Hill Tavern has been at this location for 7 or 8 years. Mark Waks, owner of a business at 1822 Newport Boulevard, Costa Mesa, reported that he has not been able to main- tain evening hours because of the problems created by the bar patrons. Mr. Waks submitted the aforementioned letters from Doctor Evers and Sheila Ward. J. C. Humphries, 1836 Newport Boulevard, owner of . property at 1822 Newport Boulevard, stated that no new evidence was presented by Mr. Ziemer so the request for rehearing should be denied. Motion to Refer Council Member Amburgey stated that this issue should to the Planning have gone to the Planning Commission, and the appellant Commission Died did not have enough time to respond to allegations. A motion by Council Member Amburgey to refer this item to the Planning Commission died for lack of a second. Mayor Buffa asked if proper procedure had been followed in dealing with Planning Action PA -88-132. The Deputy City Manager responded that it was his opinion that the appropriate steps had been taken. MOTION A motion was made by Council Member Genis, seconded by Rehearing Denied Mayor Buffa, to the request for a rehearing. The .deny motion carried 3-1, Council Member Amburgey voting no. Mayor Buffa referred to the photographs of Sheila Ward receiving emergency services, and stated that he felt this confidential information should not have been publicly discussed at a land use hearing. He doubted that these photographs were taken by mere coincidence. Motion for an A motion was made by Mayor Buffa, seconded by Council Investigation Member Genis, directing the City Manager, City Attorney, Regarding Photo- and Police Chief to initiate a Council investigation graphs Failed to into how, when, and where, the photographs were taken; Carry whether any official or employee of the City contacted Mr. -Ziemer or his representatives at any time before, on, or after the date of the paramedic response; and whether any requests were received for information, such as police, fire, paramedic, or incident reports for medical records, from Mr. Ziemer, his representatives, or any other parties. The Mayor stated a complaint has been received from Sheila Ward about people shouting obscene names at her from the Goat Hill parking lot. He mentioned that another resident nearby confirmed that she also has been awakened in the middle of the night by people shouting. The motion failed to carry 2-2, Council Members Amburgey and Glasgow voting no. NEW BUSINESS The Clerk presented a recommendation for liability Risk Management insurance coverage. Program The Risk Manager summarized his memorandum of August 1, 1990, which explains two alternatives available to public entities as a means of insuring themselves against large liability losses: purchase of commercial insurance, or participation in a risk sharing pool with other public entities. MOTION A motion was made by Council Member Amburgey, seconded Authorized Member- by Council Member Glasgow, authorizing application for ship in a Liability membership in the Independent Cities Risk Management Pooling Program Liability Pooling Program at a cost of $378,396.00 for fiscal year 1990-91. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle NEW BUSINESS The Clerk presented a Memorandum of Understanding (MOU) MOU with City with the Costa Mesa City Employees Association and a Employees; resolution establishing the rate of pay for employees Salary Increases under the Basic Pay Schedule. MOTION On motion by Council Member Amburgey, seconded by Coun- MOU Approved cil Member Glasgow, and carried 4-0, the Memorandum of Understanding was approved. MOTION On motion by Council Member Amburgey, seconded by Coun- Resolution 90-66 cil Member Glasgow, Resolution 90-66, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, NEW BUSINESS ESTABLISHING THE BASIC PAY SCHEDULE AND ESTABLISHING THE Sister Cities RATES OF PAY FOR CLASSIFICATIONS AND EMPLOYEES PLACED Summer Festival UNDER THE BASIC PAY SCHEDULE, was adopted by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None MOTION/Insurance ABSENT: COUNCIL MEMBERS: Hornbuckle NEW BUSINESS The Clerk presented a request from the Planning Division Advisory Committee to form a Citizen Advisory Committee as required by Per AB 939 AB (Assembly Bill) 939, Source Reduction and Recycling Element. The City Manager referred to his memorandum of August 2, 1990, and a memorandum from the Principal Planner dated August 1, 1990. He stated that the committee would consist of representatives from various entities, such as the Costa Mesa Sanitary District, business community, Chamber of Commerce, trash hauling companies, recycling contractors, and a legal representative. The Public Services Director summarized his memorandum dated July 30, 1990, reporting that in accordance with the Municipal Code, the affected 89 property owners are responsible for installation of the utility connections at their homes from the mainline underground facility at the property line at an estimated cost of $1,000.00 to $1,500.00, depending on existing conditions at the site. The Director stated that at Council's direction, staff investigated financing alternatives: (1) Proceed with the requirements of the Municipal Code to have the property owners pay for the connections (staff's recom- mendation); or (2) Allow property owners to enter into an agreement with the City providing for the City to 1 Council Member Genis suggested that the food service industry be represented since that business generates a great deal of waste materials. MOTION/Authorized A motion was made by Council Member Amburgey, seconded Formation of a by Council Member Genis, and carried 4-0, authorizing Committee formation of the committee as recommended by staff. NEW BUSINESS The Clerk presented requests from Jan Kausen, Costa Mesa Sister Cities Sister Cities, in conjunction with the Third Annual Summer Festival Summer Festival 190 to be held on August 18 and 19, 1990: closure of Park Avenue from the southerly entrance of the Neighborhood Community Center parking lot to 18th Street; and waiver of the liability insur- ance requirement for use of Lions Park. MOTION/Insurance A motion was made by Council Member Amburgey, seconded Waived; Street by Council Member Glasgow, and carried 4-0, approving Closure Approved the requests as recommended by staff. NEW BUSINESS The Clerk presented financing alternatives for installa- Underground Utility tion of utility connections in conjunction with Under - District No. 19 ground Utility District No. 19, Victoria Street from Victoria Street Canyon Drive .to Harbor Boulevard. The Public Services Director summarized his memorandum dated July 30, 1990, reporting that in accordance with the Municipal Code, the affected 89 property owners are responsible for installation of the utility connections at their homes from the mainline underground facility at the property line at an estimated cost of $1,000.00 to $1,500.00, depending on existing conditions at the site. The Director stated that at Council's direction, staff investigated financing alternatives: (1) Proceed with the requirements of the Municipal Code to have the property owners pay for the connections (staff's recom- mendation); or (2) Allow property owners to enter into an agreement with the City providing for the City to 1 pay the initial cost with the owner reimbursing the City, including interest, within three years of the agreement. Those owners qualifying as low or moderate income within the County would be required to reimburse the City only upon selling or refinancing their homes. MOTION (See After discussion during which Council expressed their Amended Motion) concern over the cost to the property owners, a motion was made by Council Member Genis, seconded by Council Member Amburgey, to continue this item to August 20, and to notify all affected property owners that the financing alternatives will be discussed. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if undergrounding of utilities is the same as an assess- ment district. The City Attorney responded that it is similar to an assessment district and explained the difference between the two. Council Member Glasgow and Mayor Buffa were in favor of having the City pay for the connections. AMENDED MOTION An amended motion was made by Council Member Genis to Continued to continue this item to the September 17 meeting. Council September 17, 1990 Member Amburgey withdrew his second; Mayor Buffa sec- onded the amended motion, and it carried 3-1, Council Member Amburgey voting no. NEW BUSINESS The Clerk presented a request from James W. Ray, 2699 Request from James White Road, Suite 150, Irvine, to process a General Plan Ray to Process a Amendment for a 3.6 -acre site at 1262 Bristol Street, GP Amendment changing the land use designation from General Commer- cial to High Density Residential. The applicant requested a two-week continuance. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that an affected property owner with whom he is working was not notified of the impact this land use change would have on his commercial property as to the severe setback requirements. The Deputy City Manager/Development Services agreed that Mr. Soffer made a good point in that the City has a setback requirement which states that commercial property which abuts residential prop- erty must maintain a setback equal to twice the height of the building. He stated that the public notices will include information on the setbacks. MOTION On motion by Council Member Glasgow, seconded by Council Continued to Member Genis, and carried 4-0, this item was continued August 20, 1990 to August 20, 1990, as requested by the applicant. NEW BUSINESS The Clerk presented a request from Robert Cirac, 8931 Request from Bosun, Huntington Beach, authorized agent for Ed Ryan, Cirac/Ryan to same address, to process a General Plan Amendment for Process GPA a 0.3 -acre site at 116-120 - 21st Street, changing the land use designation from Neighborhood Commercial to Medium Density Residential. Douglas Young, 4949 Warner Avenue, Huntington Beach, representing the applicant, explained that the site contains two fourplexes, and the request is being made to allow the site to be divided with the existing units to remain. The Deputy City Manager/Development Services reported that if the land use were changed to Medium Density Residential and rezoned to R2, a nonconforming use would be created. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that a Specific Plan could be adopted which would give relief to affected commercial property owners. MOTION A motion was made by Council Member Genis, seconded by GP Amendment Council Member Glasgow, to accept the General Plan Accepted for Amendment request for processing. The motion carried Processing 3-1, Council Member Amburgey voting no. NEW BUSINESS The Clerk presented a request from Susan White, 2900 Request from Bristol Street, Suite J105, Costa Mesa, authorized agent White/Samee/Mesa for Tarek Samee/Mesa 21, same address, to process a 21 to Process GPA General Plan Amendment for a 1.35 -acre site at 566, 570, and 574 Hamilton Street, changing the land use designa- tion from Medium Density Residential to High Density Residential. The Deputy City Manager/Development Services reported that the request does not meet the three criteria in that the current General Plan designation and zoning are consistent, and the increase in residential intensity would not decrease traffic potential. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, was opposed to the higher density being requested. Phil Morello, 592-C Hamilton Street, Costa Mesa, asked for more specifics on the project. Mayor Buffa replied that the land use designation is the only issue being considered. MOTION On motion by Council Member Glasgow, seconded by Council Request for a GP Member Genis, and carried 4-0, the request to process Amendment Rejected a General Plan Amendment was rejected. NEW BUSINESS The Clerk presented a request from Council Member Policy on Illegal Amburgey to place an advisory measure on the ballot for Aliens the General Municipal Election to be held November 6, 1990, concerning a policy to withhold City funds frcm all organizations and persons that provide services and assistance to house, feed, or in any other fashion benefit individuals illegally immigrating to the United States as determined by the Immigration and Naturaliza- tion Service. He stated that it was important to deter- mine how the citizens of the community feel about this issue. The following Costa Mesa residents spoke in support of placing the Illegal Alien Policy on the ballot: Phil Morello, 592-C Hamilton Street; Janice Davidson, 1982 Arnold Street; Leo Martella, 450 Victoria Street; and Marie Maples, 461 Swarthmore Lane. Considerable discussion ensued as to the services that would be affected by the policy. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, asked if police and fire assistance would be affected. Coun- cil Member Amburgey commented that a policy is based on reasonableness and prudence. Motion to Place Council Member Amburgey made a motion, seconded by Coun- the Policy on the cil Member Glasgow, to adopt a resolution placing the Ballot Failed to policy on the ballot as an advisory measure. Carry Mayor Buffa.stated that he would oppose the motion since a method has not been found to make the policy workable, and mentioned that three government agencies have indi- cated their unwillingness to enforce it. 1 7 Council Member Amburgey commented that neither HUD (Department of Housing and Urban Development), INS (Immigration and Naturalization Service), nor the Justice Department have determined that the policy is illegal. The motion to adopt the resolution failed to carry 2-2, Mayor Buffa and Council Member Genis voting no. CITY ATTORNEY The City Attorney presented his Report No. 90-31, Regu- REPORT latory Concessions or Incentives in Lieu of a Density Incentives in Bonus, and pointed out that he has determined that a Lieu of a change of zone, recognition of a flood control channel Density Bonus as a buildable area, or a variance from the number of building stories constitute incentives which can be given in lieu of granting a density bonus to a qualified housing development project. No Action Required Since this item was for information only, no action was required. CITY ATTORNEY The City Attorney presented his memorandum dated July 16, REPORT 1990, requesting authority to initiate Civil Nuisance Civic Nuisance Abatement proceedings concerning property at 263 Hanover Abatement Proceed- Drive. ings for 263 Hanover Drive Marie Maples, 461 Swarthmore Lane, Costa Mesa, President of the College Park Homeowners Association, reported that this property has been in a hazardous and unsafe condition for six years. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that neighbors obtain the owner's permission to go onto the site and clean it up. MOTION A motion was made by Council Member Amburgey, seconded Authorized Abate- by Mayor Buffa, and carried 4-0, authorizing the City ment Proceedings Attorney to proceed with abatement proceedings. CITY MANAGER The City Manager presented his memorandum of August 2, REPORT 1990, regarding the establishment of a "Blue Ribbon" Fireworks Advisory Advisory Committee on Fireworks, as discussed at the Committee Special Council Meeting held on July 27, 1990. The City Manager suggested that the committee's report- ing should focus on the factual experience in Costa Mesa as to fireworks damages, and the experience in other communities. He also suggested that the committee obtain facts relating to income derived by charitable organizations from selling safe and sane fireworks, and how that income was supplanted in cities where fireworks have been prohibited. In conclusion, the City Manager spoke about the importance of establishing a purpose for the committee, that is; whether or not the committee's report and recommendations were to be for the benefit of the voters in the upcoming November election, or for the Council in its deliberations after the election. Motion to Proceed A motion was made by Council Member Amburgey directing with Committee the City Manager to proceed with the committee applica- and Submit Report tion, that the purpose of the organization will be to by October 1, solicit applicants to form a "Blue Ribbon" committee 1990, -Died from a broad cross-section.,of both the community and professional staffs to address_ the pros and cons of safe and sane fireworks, and to have a report prepared by October 1, 1990, so that the Costa*Mesa electorate can make an informed decision on the use of safe and sane fireworks. The motion died for'lack of a second. Council Member Genis preferred having a report from the committee after the election to eliminate any political pressure tied to the election. She disagreed with the make-up of the committee as proposed on the Committee Formation Application because it includes two Council Members. She preferred not having Council Members as voting members of committees except in the case of the Senior Citizens Nonprofit Corporation. Motion to Form Council Member Genis made a motion to form the commit - Committee and tee with the proposed representation contained on the Submit a Report application except that the Council Members would be after the Election nonvoting members acting in a liaison capacity, and Died that the committee submit a report to Council sometime after the November election. Mayor Buffa stated that he shared some of Council Member Genis's concerns about the make-up of the committee; however, he did not believe it would be very useful to have the committee submit a report after the election. MOTION A motion was made by Council Member Amburgey, seconded Approved Formation by Mayor Buffa, directing staff to obtain applications of a Committee for the "Blue Ribbon" committee consisting of the and Report by following membership: one from the Fire Department, October 1, 1990 one from the Police Department, one from the fireworks industry, two from nonprofit organizations, and two Costa Mesa residents, for a total of 7 members; and stipulating that the committee shall submit a report to Council by October 1, 1990. The motion carried 3-1, Council Member Genis voting no. CITY MANAGER The City Manager announced that 13 applications have REPORT been received for membership on the Monorail Committee, Monorail and that selection of the committee will be placed on Committee the Agenda for the meeting of August 20, 1990. COUNCIL MEMBERS Council Member Genis mentioned a newspaper article about COMMENT'S the State no longer requiring that the agenda be posted Post Agendas three days prior to the meeting, or oral communications and Oral during the public hearings. She preferred to retain Communications these procedures, and asked for information as to whether or not an ordinance would be required. Mailing Notices Council Member Genis spoke about the need to mail to Renters public notices to renters because they represent 50 percent of the City's population. She suggested discussing this topic at a Study Session. EIR for the Council Member Glasgow commended staff on responses Fairgrounds to the Environmental Impact Report (EIR) for the Orange County Fairgrounds, especially those submitted by Police Lieutenant Kent. Council Member Amburgey spoke of the importance of receiving answers to staff's comments since the City has some serious concerns about the proposed plans for the Fairgrounds. ADJOURNMENT The Mayor declared the meeting adjourned at 11:50 p.m. '- Mayor of the City osta Mesa ATTEST-., City Clerk of the City of Cost esa