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HomeMy WebLinkAbout03/04/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 4, 1991 The City Council of the City of Costa Mesa, California, met in regular session March 4, 1991, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by The Reverend Doyle Henderson, Costa Mesa Nazarene Church. ANNOUNCEMENT Mayor Hornbuckle directed the audience's attention to Midnight Time Limit the front page of the Agenda which now contains Council Policy 000-4, limiting the time for Council. meetings to 12:00 midnight. ROLL CALL. Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council Member Edward Glasgow Council Member Jay Humphrey Council Members Absent: Officials Present: ' None City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt City Clerk Eileen Phinney Principal Planner R. Michael Robinson MINUTES On motion by Council Member Buffa, seconded by Council February 19 Member Humphrey, and carried 5-0, the minutes of the and 22, 1991 regular meeting of February 19, 1991, and the special meeting of February 22, 1991, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, to read all ordi- nances by title only. PROCLAMATION Mayor Hornbuckle read a proclamation declaring 1991 Dace Corps 30th as the'Peace Corps of the United States of America Anniversary Year 30th Anniversary Year. Joann Townsend, Public Affairs Manager, Peace Corps Los Angeles Regional Office, and Maryanna Hof, Director at the Costa Mesa Library and a returned volunteer, accepted the proclamation from Mayor Hornbuckle. Ms. Townsend introduced returned volunteers from Costa Mesa: Kimo Look, Bill Lambeth, Barbara Beck, and Carolyn Fritzsche. ANNOUNCEMENT Mayor Hornbuckle announced that upon presentation of Old Review of General Business No. 7, Review of General.Plan Policies and Plan Policies and Issues, those issues on which straw -votes have already Issues been taken will be.reviewed and-Coundil will decide which items they may want to review once more. She emphasized that there willnot be an in-depth discussion of the items because they will -be coming back at a later time. In addition,'she stated that there will not be any discussion on whether or not the 19th Street Bridge 1 Freedom of Speech Sid Soffer, 900 Arbor Street; Costa Mesa, spoke about his right to speak on as many items as he wished during Funds for Schools Council meetings. Mr. Soffer suggested that the City allocate funds to local schools to make up for shortages which will occur when State funds are reduced. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 5, Claim from Linda Carol Disciullo; Item 6, Claim from Desiree C. Wilson; Item 7(b) Award contract for 1989-90 Measure "C" Street Maintenance, Phase I, Project V-90-06; and Items 9 and 9(a), Agreement for $5,940.00, and Easement Deed for acquisition of right- of-way at Fairview Road and Baker Street from Hubert C. Barker, et al. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN On motion by Council Member Buffa, seconded by Vice COMMUNICATIONS Mayor Genis, Resolution 91-12, A RESOLUTION OF THE CITY Records Destruction COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZ- for Clerk's Office ING RECORDS DESTRUCTION FOR THE CITY CLERK'S OFFICE OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, MOTION was adopted by the following roll call vote: Resolution 91-12 AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Adopted Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER on motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Vera M. Davis; Kenneth Seaton; Margaret Rose Seaton; and Application for Leave to Present a Late Claim from Tonya J. Marcucci. will be deleted because the final study has not been completed. ORAL Ronald Coulombe, 1022 Cannonade Circle, Costa Mesa, COMMUNICATIONS asked Council to provide assistance in mitigating the Sunflower Avenue traffic noise which is impacting hones Sunflower Avenue between Fairview Road and Baker Street. He reported Traffic Noise that noise levels have increased each year, yet nothing has been done to alleviate the situation. The Mayor made a request to the City Manager to prepare a report for Council. The City Manager suggested that Mr. Coulombe submit his concerns in writing to the Trans- portation Commission. San Joaquin Hills Joy B. Peters, 243 Ave Granada, San Clemente, employee Transportation of Cosco Wholesale in Laguna Niguel, requested Council Corridor/I-5 Free- to support Alignment No. 1 for the San Joaquin Hills Way Interchange Transportation Corridor/Interstate 5 Freeway inter- change, and to go on record in opposition to Alignment No. 2. Ms. Peters contended that if Alignment No. 2 were adopted, Cosco Wholesale would be relocated and would result in her having to terminate her employment with that company. Freedom of Speech Sid Soffer, 900 Arbor Street; Costa Mesa, spoke about his right to speak on as many items as he wished during Funds for Schools Council meetings. Mr. Soffer suggested that the City allocate funds to local schools to make up for shortages which will occur when State funds are reduced. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 5, Claim from Linda Carol Disciullo; Item 6, Claim from Desiree C. Wilson; Item 7(b) Award contract for 1989-90 Measure "C" Street Maintenance, Phase I, Project V-90-06; and Items 9 and 9(a), Agreement for $5,940.00, and Easement Deed for acquisition of right- of-way at Fairview Road and Baker Street from Hubert C. Barker, et al. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN On motion by Council Member Buffa, seconded by Vice COMMUNICATIONS Mayor Genis, Resolution 91-12, A RESOLUTION OF THE CITY Records Destruction COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZ- for Clerk's Office ING RECORDS DESTRUCTION FOR THE CITY CLERK'S OFFICE OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, MOTION was adopted by the following roll call vote: Resolution 91-12 AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Adopted Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER on motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Vera M. Davis; Kenneth Seaton; Margaret Rose Seaton; and Application for Leave to Present a Late Claim from Tonya J. Marcucci. SET FOR PUBLIC HEARING Building Stories and Accessory Structures MOTION Hearing Set for March 18, 1991 MOTION Warrant 1488 Approved ADMINISTRATIVE ACTIONS Conduit Lines for. Utility District 19, Victoria Street MOTION/Bids Rejected On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, the following item was set for public hearing on March 18, 1991, at 6:30 p.m., in the Council Chambers of City Hall: An ordinance amending Title 13 of the Costa Mesa Municipal Code pertaining to residential development to clarify the definitions of "story" and "accessory structure"; to modify the setback and review proce- dures for accessory structures; and to delete dupli- cate information. Environmental Determination: Exempt. On motion by Council Mayor.Genis, Warrant 9104, was approved by AYES: COUNCI LMember Buffa, seconded by Vice Resolution 1488, including Payroll the following roll call vote: MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey MEMBERS: None MEMBERS: None NOES: COUNCIL ABSENT: COUNCIL Bids received for Construction of Conduit Service Lines for Underground Utility District No. 19, Victoria Street from Harbor Boulevard to Canyon Drive, Project No. V-90-06, are on file in the Clerk's office. On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, all bids were rejected, and staff was authorized to include this project with the widening of Victoria Street. Joseph Cervantes On motion by Council Member Buffa, seconded by Vice Honorary Award Mayor Genis, Resolution 91-13, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MAKING MOTION JOSEPH CERVANTES AN HONORARY DETECTIVE FOR A DAY AND Resolution 91-13 AWARDING HIM A COSTA MESA POLICE DEPARTMENT BADGE, was Adopted adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion 1989-90 Street Maintenance (Crack Seal), Project 90-08, 1989-90 Street has been completed to the satisfaction of the Public Maintenance (Crack Services Director by Rubberized Crackf iller Sealant, Seal), Project 90-08 Incorporated, 8301 Handel Drive, Buena Park. On motion by Council Member Buffa, seconded by Vice Mayor Genis, MOTION the work was accepted; the Clerk was authorized to file Work Accepted a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "D" The Public Services Director recommended approval of Norris-Repke Change Order "D" for $13,500.00, to the contract with Norris-Repke, Incorporated, 2882 Walnut Avenue, Suite A, Victoria Street Tustin, to replace 72 -inch Corrugated Metal Pipe (CMP) Widening with 72 -inch Reinforced Concrete Pipe (RCP); right-of- way engineering services; modification at the Puente Avenue cul-de-sac; modification to the proposed land- scape improvements;.addition of underground utility service laterals; and modifications and improvements MOTION requested by the Costa Mesa Sanitary District. On Change Order motion by Council Member Buffa, seconded by Vice Mayor Approved Genis, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Claims.from Items 5 and 6 on the Consent Calender were presented: Disciullo and Claims from Linda Carol Disciullo and Desiree C. Wilson Wilson, respectively. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that the Agenda contain a description of the occur- rence which caused the claim to be filed. MOTION On motion by Vice Mayor Genis, seconded by Council Claims Rejected Member Humphrey, and carried 5-0, the claims of Linda Carol Disciullo and Desiree C. Wilson were rejected. 1989-90 Measure "C" Item 7(b) on the Consent Calendar was presented: Street Maintenance, Contract award for 1989-90 Measure "C" Street Mainte- Phase I, Project nance, Phase I, Project 90-12. Bids are on file in 90-12 the Clerk's office. Sid Soffer, 900 Arbor Street, Costa Mesa, felt it was necessary for the public to know about projects being contructed with funds approved by the voters under Measure "C". MOTION On motion by Council Member Buffa, seconded by Vice Awarded to Mayor Genis, the contract was awarded to Vernon Paving Vernon Paving Company, 1100 East Orangethorpe Avenue, Suite 240, Anaheim, for $849,785.86. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Items 9 and 9(a) on the Consent Calendar were presented: Barker for Baker/ An agreement for $5,940.00 with Hubert C. Barker, et al, Fairview Right -of- in care of Hoyt Lee Barker, 31 Dewey, Irvine, and an Way; and Easement easement deed, for acquisition of right-of-way at Baker Deed Street and Fairview Road. Sid Soffer, 900 Arbor Street, Costa Mesa, commented on the City's requiring land dedication when private prop- erty is being developed. MOTION On motion by Vice Mayor Genis, seconded by Council Agreement Approved; Member Buffa, the agreement was approved and the Mayor Deed Acepted and Clerk were authorized to sign; and the Clerk was authorized to accept the easement deed on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing, continued from PA -90-115 and the meeting of December 17, 1990, for Planning Action EP -90-05 PA -90-115, Malcolm Ross, South Coast Plaza, 3315 Fair - South Coast Plaza view Road, Costa Mesa, to amend the Town Center and South Coast Plaza Master Plans; and Encroachment Permit EP -90-05, to construct a pedestrian bridge across °a3 V Bristol Street between South Coast Plaza, 3333 Bristol Street, and Town Center, 695 Town Center Drive, in C1 -D and TC zones, respectively. Environmental Determina- tion: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services provided overhead slides of the proposed bridge and outlined his memorandum dated February 27, 1991, specifically addressing the clarified version of Condition No. 5, "Provisions shall be made for public access to each landing of the pedestrian bridge from the public right- of-way." He reported that the Planning Commission recommended approval, adding two new conditions: No. 7, "If, in the future, it is determined that ade- quate security cannot be provided without security fencing, such fencing shall be placed on the pedestrian bridge under the direction of the Development Services staff; No. 8, "Comply with requirements of the Uniform Building Code as to design and construction". During discussion, the Deputy City Manager confirmed that access to the bridge for the handicapped will be provided. The Public Services Director reported that a study now being prepared will address elimination of surface pedestrian traffic at both Anton Boulevard and Town Center Drive, and any recommendation would come back to Council for approval. Vice Mayor Genis suggested that Council may want to require having the bridge open 24 hours if other surface crossings are eliminated in the future. Malcolm Ross, C. J. Segerstrom and Sons (South Coast Plaza); requested that after a decision is made on the pedestrian.bridge, that Council provide some indication on whether or not they would approve the concept of a Transportation Impact Fee credit for Plaza Tower. He reported that the progress of this project is dependent on whether or not the credit is approved. Considerable discussion ensued regarding installation of a "people mover" on the bridge and the ability to have it interface with the proposed Orange County mono- rail system. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by PA -90-115 and Vice Mayor Genis, approving Planning Action PA -90-115 EP -90-05 Approved per staff evaluation and findings; directing staff to provide Council with a report on the financing and credit scenario if that bridge were used as part of the pedestrian mitigation measures for Plaza Tower; and approving Encroachment Permit EP -90-05. Vice Mayor Genis requested that the study referended by the Public Services Director indicate the amount of money in the trip fee program as far as financing if Council were to allow credit against trips frcm the IBM Tower. She feared that if trip fee funds were not closely monitored, there would not be enough money for those projects for:which the trip fees were initially intended. The Vice Mayor also went on record as wishing to preserve pedestrian access from one side of Bristol Street -to the other, and did not want to see the bridge, used exclusively for motorized, energy -consumptive transport which would preclude pedestrian access. The motion to approve the applications carried 4-1, Council Member Glasgow voting no. In regard to Mr. Ross's request for Council to provide opinions on the Transportation Impact Fee credit, Vice Mayor Genis stated that if Council were to consider the credit, she would need to see a demonstration of actual trips being reduced; also, demonstrate that an improve- ment which was to be provided with trip fees would become unnecessary. Council Member Buffa felt the concept was well worth pursuing, and commented that if Council were to accept the proposal, he would consider it an encouragement of seldom -seen measures that are specifically targeted to make an area more pedestrian -friendly, particularly in the.Town Center area. He stated that even though he agreed with the concept of having a people -moving system, he would like to see the bridge retain its full pedestrian capacity. Mayor Hornbuckle was inclined to favorably consider a reduction in the trip fees providing there is the off- setting, actual saving of pedestrian trips across Bristol Street. Council Member Glasgow commented that Council was pre- mature in approving this particular project since the public benefit has not been determined; therefore, he could not support a reduction in trip fees. PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of the meeting of February 19, 1991, to consider an appeal ZE-78-109A4 of the Planning Commission's decision for Zone Exception South Coast Plaza ZE-78-109A4, from Luminous Neon Lighting, Post Office Box 2066, Bell Gardens, authorized agent for South Coast Plaza, 3315 Fairview Road, Costa Mesa, for an amendment to the Planned Signing Program to allow a wall sign for the south elevation of the Edwards Cinema located at 3410 Bristol Street, Unit 3, in a TC zone. Environ- mental Determination: Exempt. The Deputy City Manager/Development Services, referred to staff's memorandum dated February 14, 1991, and reported that approval by the Planning Commission included Condition No. 1 requiring removal of an exist- ing 50 -square -foot pylon pole sign upon installation of the 67 -square -foot marquee sign. He stated that the applicant is specifically appealing this condition based on the argument that removal of the sign would severely restrict visibility of the theatre from traffic on Bristol Street. While answering questions from the Council, the Deputy City Manager advised Council that the proposed signage would exceed that which the sign code normally allows for theatres; however, since this is a Planned Signing Program for a larger area, there would be sufficient sign footage available for the entire site. He commented that approving the request would be legally acceptable even though the Planning Commission and staff recommended removing the pole sign. James Edwards, representing Edwards Theatres Circuit, Incorporated, 300 Newport Center Drive, Newport Beach, spoke about the need to retain the pole sign because the theatre is not visible from Bristol Street. He commented that it would cause confusion for the public in determining at which theatre a movie is being shown. Mr. Edwards offered to remove the "Edwards" copy from the pole sign, and agreed to remove the two 10 -foot window signs. There being no other speakers, the Mayor closed the public hearing. MOTION ZE-78-109A4 A motion was made by Council Member Buffa, seconded by Approved; Condition Council Member Humphrey, approving Zone Exception No. 1 Deleted; ZE-78-109A4, deleting Condition No. 1, thereby allowing Ordered "Edwards" the pole sign to remain, and stipulating that the copy Copy Removed from "Edwards" shall be removed.from the pole sign. The Pole Sign motion carried 4-1, Council Member Glasgow voting no. PUBLIC HEARING On motion by Council Member Buffa, seconded by Vice Appeal of RA -90-06/ Mayor Genis, and carried 5-0, the following public PA -90-128 hearing was continued to April 15, 1991, as requested Pope Family Trust by the authorized agent in a letter dated February 28, 1991: MOTION Appeal of the Redevelopment Agency's denial of Continued to Redevelopment Action RA -90-06, Planning Action April 15, 1991 PA -90-128, from Armitage Realty, Incorporated, 2900 Bristol Street, Suite E-101, Costa Mesa, authorized agent for Pope Family Trust, 635 San Elijo Street, San Diego, for variances from front setback require- ments (20 feet required, 10 feet proposed), and from side setback requirements (15 feet required, 5 feet proposed), and Redevelopment Agency review, in conjunction with a proposed 10,200 -square -foot, one- story commercial building at 145 East 19th Street in a Cl zone. Environmental Determination: Negative Declaration. A communication was received from the attorney for Rosemary Siler, owner of the Mesa Theatre real property at 1884 Newport Boulevard, requesting that Council deny the application. PUBLIC HEARING The Clerk announced that this was the time and place Vaction of Surplus set for the public hearing to consider the vacation of Right -of -Way at surplus right-of-way at the southeast corner of Newport Newport Boulevard Boulevard and old 17th Street. The Affidavits of and Old 17th Street Publishing and Posting are on file in the Clerk's office. No communications were received. The Public Services Director gave a brief history on the previous actions taken for the proposed abandonment, explaining that because the legal description was not correct, the process of abandoning the site had to be repeated. He recommended approval of the request and a direction to staff on disposition of the property. Jin S. Kim, 53 Bluecoat, Irvine, who operated Der Weinerschnitzel at 1696 Newport Boulevard (now closed), expressed his desire to have the opportunity to bid on the property and urged Council to uphold its decision on December 3, 1990, to proceed with the bid process. Mr. Kim also pointed out that the map indicates that there is a small, triangular-shaped piece of property adjacent to the site to be abandoned which belongs to the City. He asked why that small parcel had not been included in the abandonment. The Public Services Director responded that the title company has not been able to verify that the City owns the property which Mr. Kim referenced. Mayor Hornbuckle suggested continuing the public hearing until that issue has been resolved. �7 Sid Soffer, 900 Arbor Street, Costa Mesa, was in favor of the City disposing of the property through the bid process. Gene Scarcello, owner -of properties adjacent to the subject site, requested that he be allowed to purchase the property based on fair market value so that he could proceed with the project he presented at the Council Study Session of February 11, 1991, which would ulti- mately translate into higher tax revenues for the City. In addition, Mr. Scarcello stated that if the City sold the property to him, he would remove at no cost to the City, the billboards on his property at 17th Street and Newport Boulevard, and preserve as many large trees as possible located on City property. Frank Cole, 2482 Fairview Way, Costa Mesa, saw no need for the City to sell the property. He suggested that the site be converted into a park. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Genis, seconded by Continued to Council Member Humphrey, to continue the public hearing April 1, 1991 to April 1, 1991, so that ownership of the triangular piece of property can be verified. The motion carried 4-1, Council Member Buffa voting no. PUBLIC HEARING The Clerk announced that this was the time and place Vacation of Public set for the public hearing to vacate the public right - Right -of -Way on of -way on Sparkes Street, located between Orange and Sparkes Street Westminster Avenues and between East 17th and Ogle Streets. The Affidavits of Publishing and Posting are on file in the Clerk's office. No communications were received. The Public Services Director recommended approval of the abandonment with easements maintained for public utili- ties. He reported that vacation of the property would not prevent access to a public street from existing parcels in the area. The Director mentioned that a number of parcels which back up to the parking lot for the shopping center have a public alley to the rear which is not part of the proposed vacation. Harold Hanson, 250 Ogle Street, Costa Mesa, opposed the vacation unless the right-of-way would continue to be available for public use. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Humphrey, seconded by Vice Resolution 91-14 Mayor Genis, Resolution 91-14, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF SPARKES STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Vacation of Storm set for the public hearing to consider the vacation of Drain Easement at a storm drain easement at 1964 Federal Avenue. 1964 Federal Avenue The Public Services Director referred to his memorandum dated February 15, 1991, which explains that when the MOTION Resolution Adopted RECESS Mesa voir was Consolidated Water District constructed its reser- at 1971 Placentia Avenue, constructed into the storm nue which replaced the need fo drain. The memorandum further of the 1964 Federal Avenue site the property and requested that easement. a storm drain lateral drain on Placentia Ave - the the subject storm states that the owner would like to improve the City quitclaim the There being no speakers, the Mayor closed the public hearing. On motion by Council Member Buffa, seconded by Vice 91-15 Mayor Genis, Resolution 91-15, A RESOLUTION OF THE CITY COUNCIL OF THE CITY ,OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF A STORM DRAIN EASEMENT AT 1964 FEDERAL AVENUE; was adopted by the following roll call vote: AYES: COUNCIL 14EMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor declared a recess at 8:30 p.m., and the meet- ing reconvened at 8:45 p.m. OLD BUSINESS The Clerk presented Ordinance 91-5 for second reading Park Fees in Lieu and adoption. The ordinance relates to park fees in of Land Dedication lieu of land dedication. The City Attorney summarized his Report No. 91-11 of February 28, 1991, stating that the ordinance is substantially the same as the one submitted at the Council meeting of February 19, 1991, except that an addition has been made in reference to vesting tentative maps as being subject to the fee notice provisions. The City Attorney also referred to a finding pursuant to CEQA (California Environmental Quality Act) requirements as detailed in his report. MOTION A motion was made by Vice Mayor Genis, seconded by Ordinance 91-5 Council Member Humphrey, to give second reading and Adopted adopt Ordinance 91-5, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SECTION 13-495 TO ARTICLE 5; CHAPTER III, TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO PARK AND RECREATION FEES IN LIEU OF LAND DEDICATION NOTICE, finding that the ordinance is exempt from the provisions under the Cate- gorical Exemptions Class 8 and 17 of CEQA Guidelines. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Humphrey NOES: COUNCIL MEMBERS: Buffa, Glasgow ABSENT: COUNCIL MF14BERS: None Council Member Buffa commented that he opposed the ordinance because he felt the voters should decide on whether park fees should be raised. OLD BUSINESS The Clerk presented Ordinance 91-6 for second reading R-91-01 and adoption. The ordinance changes the zoning at Harbinger Homes 232 and 240 Sierks Street from Rl to PDR -LD in connec- tion with Rezone Petition R-91-01, Harbinger Homes. Council Member Humphrey stated that while the rezone reduces the intensity of the site, the parking leaves much to be desired., He requested staff to look into on-site parking requirements for PDR -LD zones as well as other pertinent zones in that area as opposed to multi -family dwellings only. MOTION On motion by Council Member Ordinance 91-6 Member Humphrey, Ordinance Adopted CITY COUNCIL OF THE CITY OF CHANGING THE ZONING OF PRO STREET FROM R1 TO PDR -LD, roll call vote: Buffa, seconded by Council 91-6, AN ORDINANCE OF THE COSTA MESA, CALIFORNIA, PROP AT 232 AND 240 SIERKS was adopted by the following AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hornbuckle, Buffa, Glasgow, Humphrey Genis None OLD BUSINESS The Clerk presented a request from staff to adopt the R-91-02 Negative Declaration of Environmental Impact for Kashani/ Rezone Petition R-91-02, Ordinance 91-7, changing the Eisendrath zoning at 1928 Maple Avenue from R2 to R3. Ordinance 91-7 was given first reading on February 19, 1991. The City Attorney referred to his memorandum dated March 4, 1991, which explains that in order to assure that the zone change complies with CEQA (California Environmental Quality Act) requirements, Council should set aside its prior action of February 19, 1991, adopt the Negative Declaration, and then give the ordinance first reading. MOTION On motion by Council Member Buffa, seconded by Council Previous Action Member Glasgow, the following action was taken: Set Aside; Nega- tive Declaration First reading of Ordinance 91-7, made on February Adopted; Ordinance 19, 1991, was set aside; 91-7 Given First Reading The Negative Declaration of Environmental Impact for Rezone Petiton R-91-2 was adopted. Ordinance 91-7, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY'AT 1928 MAPLE AVENUE FROM R2 TO R3, was given first reading and passed to second reading. (Second reading and adoption of the ordi- nance is being held until certain documents have been recorded.) The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Buffa, Glasgow, NOES: COUNCIL MEMBERS: Genis, Humphrey ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented from the meeting of February 4, Legal, Nonconform- 1991, a report from the City.Attorney on requiring ing Uses Conditional Use Permits for legal,. nonconforming uses. The City Attorney reviewed his Report No. 91-10 dated February 27, 1991, which is in response to Council's request made at the meeting of February 4, 1991. He identified two traditional methods of removing legal, nonconforming uses: (1.) Amortizing out the noncon- forming uses over a reasonable period of time; or (2) Immediate termination of nonconforming uses after payment of just compensation. The City Attorney reported that the third alternative detailed in his report is to adopt a zoning ordinance which converts existing nonconforming uses by granting Conditional Use Permits; however, the ordinance would apply to uses which have not been expanded or enlarged. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, asked if Hussong's Cantina, 1880 Monrovia Avenue, would be 33g included in the new procedure since Hussong's now has a nonconforming use permit: The City Attorney -responded that this procedure would involve an inventory of all legal, nonconforming uses, and at that point, staff would determine which uses would be involved. Sid Soffer, 900 Arbor Street, Costa Mesa, comminmended the City Attorney for citing case law in his report. MOTION On motion by Council Member Humphrey, seconded by Vice City Attorney Mayor Genis, and carried 5-0, the City Attorney was Directed to directed to prepare an ordinance for the Council meeting Prepare Ordinance of April 1, 1991, in accordance with his memorandum of February 27, 1991. OLD BUSINESS The Clerk presented from the meeting of February 4, Traffic on East 1991, staff's alternatives to alleviate existing traffic 19th Street conditions on East 19th Street between Newport Boulevard and Irvine Avenue, until a study is completed on the feasibility of downgrading the street from primary/ secondary to a residential street on the City's Master Plan of Highways. The Public Services Director made a presentation on the data contained in his memorandum of February 25, 1991, which includes four alternatives for traffic control, sidewalks, traffic signage, reduction in speed limit, speed humps, traffic diverters, and increased enforce- ment. He reported that staff has recommended Alterna- tive No. 2: Demarcation of travel lanes and parking areas by additional striping and raised pavement markers (Botts Dots), but less intense than Alternative No. 1; create a narrower visual effect throughout the length of East 19th Street; paint a double yellow centerline and provide narrowed corner treatment; install exclu- sive right. -turn lanes at some intersections; install "rumble strips" in each designated mid -block segment. Jan Luymes, 592 Park Drive, Costa Mesa, spoke about the impact of the 19th Street Bridge on East 19th Street traffic if that crossing is built; stated that Council's General Plan straw vote relating to Floor Area Ratios (FAR) for commercial centers will require a four -lane road on East 19th Street from Newport Boulevard to Irvine Avenue. She concluded her presentation with the comment that staff's, recommendations are merely "Band- aid" solutions. Mayor Hornbuckle mentioned that these are interim measures only until the feasibility study is completed. David Wegener, 251 East 19th Street, spoke at length about the dangerous condition of the street. He wanted sidewalks installed and stop signs erected at every alley and street intersection. MOTION On motion by.Council Member Humphrey, seconded by Vice Approved Additional Mayor Genis, and carried 5-0, Mr. Wegener was given an Time to Speak additional minute to conclude his remarks. Mr. Wegener commented that installation of "Botts Dots" is a move forward but will not slow traffic. He recommended limiting the number of left -turn lanes onto 19th Street. Kathy Dalby, 274 East 19th Street, was opposed to "rumble strips" because of the noise factor. She recom- mended installation of sidewalks and stop signs, and the speed limit reduced to 25 miles per hour. L John Tupy, 358 East 19th Street, contended that the plan recommended by staff does.not retain the residental image of the street. He felt the 35 mile -per -hour speed limit was too high, and was in favor of stop signs being installed at the Raymond Avenue intersection. Jim Miller, 245 East 19th Street, was in favor of side- walks and reducing the speed limit to 25 miles per hour. Mr. Miller asked for clarification of the location of stop signs if they were erected. The Public Services Director responded that the signs would be at the Fullerton Avenue and Raymond Avenue intersections. Bob Thagard, 320 East 19th Street, complained about the lack of police presence in that area. Bob Hoffman, 360 East 19th Street, asked when the feasi- bility study would commence. Mayor Hornbuckle responded that the intent was to start the study after the freeway lanes were open, and Council Member Humphrey commented that the intent was to have the study begin after the frontage road access is open. Mr. Hoffman supported Alternative No. 2 with two exceptions: white striping should be a continuous line; and the centerline should be a single, yellow line rather than a double line. He supported installation of sidewalks, signs indicating "not a through" street, and reduction in the speed limit to 25 miles per hour. Mr. Hoffman mentioned a newspaper article in the Los Angeles Times that indicated that Measure "M" funds would be used to widen East 19th Street. Sid Soffer, 900 Arbor Street, Costa Mesa, recommended installing stop signs. He asked about a method of petitioning the State and/or County to remove East 19th Street from their Master Plans. Michael Brion, 232 East 19th Street, opposed installa- tion of "rumble strips", and supported installing stop signs and sidewalks. Ray Diradoorian, 436 East 19th Street, suggested the use of sidewalks to narrow streets, and objected to installing "rumble strips". Jan Vandersloot, 2221 East 16th Street, Newport Beach, reported that of all the methods used to alleviate traffic on his street, stop signs were the most effective. Tony Dalby, 274 East 19th Street, wanted the City to downgrade East 19th Street on the Master Plan of High- ways. Roy Pizarek, 1923 Whittier Avenue, opposed construction of the 19th Street Bridge because of the negative impact it may have on East and West 19th Streets. Lee Heinz, Executive Director of the Costa Mesa Chamber of Commerce, stated that Malcolm Ross would be making an announcement about a meeting being hosted by the Chamber. Malcolm Ross, C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, commented that one of the important considerations on alleviating traffic on 19th Street is to ensure that the State of California does everything possible to improve Newport Boulevard so that it becomes an easy access to Pacific Coast Highway now and especi- ally after the freeway is completed. He announced that anyone interested in hearing the State's proposals should attend the Chamber of Commerce meeting at the Neighborhood Community Center on March 5, 1991, at 6:30 p.m. Mr. Ross stated that CALTRANS and City representatives will be attending. Frank Cole, 2482 Fairview Way, Costa Mesa, commented that if East 19th Street existed prior to adoption of the Orange County Master Plan of Highways, it may constitute some form of taking. He suggested that this could be a bargaining chip with the County in downgrad- ing East 19th Street. Al Eichler, 406 East 19th Street, stated that it is inconceivable that a residential street one mile long would disrupt the County Master Plan if it were down- graded. He opposed having stop signs between Tustin and Irvine Avenues. James R. White, 493 Broadway, Costa Mesa, felt it was imperative to remove East 19th Street from the Master Plan of Highways. He also supported installation of sidewalks. MOTION A motion was made by, Council Member Humphrey, seconded Alternatives by Vice Mayor Genis; to reduce the speed limit to 25 Adopted miles per hour; add signage along the length of the street to ensure the visibility of that speed limit; install stop signs at Fullerton and Raymond Avenues; paint a solid white line along the parking section; paint a single, yellow centerline and include dots; and install a stop sign at the alley between Tustin and Irvine Avenues. AMENDED MOTION Removed Alley Stop After discussion, Council Member Humphrey amended his Sign; Added Truck motion by eliminating the stop sign at the alley, and Signs adding multiple signs regarding truck traffic. The motion, as amended, carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 10:40 p.m., and the meet- ing reconvened at 10:45 p.m. OLD BUSINESS The Clerk presented from the meeting of February 19, Smoking Policy 1991, a policy to limit smoking at the Neighborhood at NCC Community Center (NCC). The Community Services Director was present to answer questions from the Council. MOTION A motion was made by Vice Mayor Genis, seconded by Mayor Smoking Banned Hornbuckle, and carried 5-0, to ban smoking inside the Neighborhood Community Center, and directing staff to provide an exterior area for smokers, which should include seating, ash trays, and trash receptacles. Vice Mayor Genis suggested extending the ban to all other City buildings, in particular, the rest rooms. The City Manager stated that he would have a draft ordinance prepared addressing smoking regulations for all public facilities, and submit it to Council for consideration. OLD BUSINESS The Clerk presented a memorandum dated February 27, Review of General 1991, regarding Proposed General Plan Policies and Plan Policies and Issues. Issues A communication was received from Geraldine Colson, 1143 Gleneagles Terrace, Costa Mesa, opposing the 19th Street Bridge. The Principal Planner summarized the February 27 report which was prepared so that Council could review key policy and land use issues prior to staff's drafting the final General Plan text and revised Environmental Impact Report. Goal, Objectives, and Policies. The Principal Planner stated that the purpose for review is twofold: to review those policy statements which were approved by split votes; to resolve inconsistencies between the policies and to refine policies based on events and actions following conclusion of the initial round of hearings. He explained that staff proposes to resolve the inconsistencies in two ways: (1) Inclusion of a preamble entitled, "Policy Interpretation" at the begin- ning of the list of Goals, Objectives, and Policies, to set forth the relationship of various policies, and prioritizing the policies where an apparent inconsist- ency exists; and (2) Actual modifications to individual policies to remove inconsistencies. The Principal Planner mentioned additional modifications which include Source Reduction and Recycling Element requirements of Assembly Bill 939, and the gas.and sales tax -related plan for Growth Management and Congestion Management. He stated that based on these projects, staff recom- mended deletion of Policies 41-44 and the addition of Policy 42 relating to recycling issues, and addition of Objective VI -D and Policies 218-221 relating to trans- portation planning issues. Land Use Intensities. The Principal Planner reminded Council that proposed intensity limits are actually two- fold: The Floor Area Ratio (FAR) in commercial and industrial designations.are only one part of the limit; the other portion is the trip rate for specific uses which when combined with the FAR, yields an allotted trip budget which could not be exceeded for new develop- ment. He pointed out that staff did not propose any modifications to the density and intensity standards approved by Council during the first round of General Plan hearings. Land Use Map Amendments. The Principal Planner reported that many of the proposed land use map amendments are to resolve remaining inconsistencies between General Plan designations and the actual use or zoning of the proper- ties. (Amendments are described in Table A and located in Figures 2 and 3A -3F of Attachment C.) He mentioned that at the January Study Session, Council expressed interest in expanding the number of parcels included in the proposed General Plan; however, staff has not proposed any additional map amendments. Transportation and Circulation Issues. The Public Services Director reviewed this portion of the report dated February 27. Master Plan of Highways. The Public Services Director mentioned that at the General Plan public hearings, the Gisler Avenue overcrossing at the Santa Ana River _ t 42: was tentatively deleted from the City's Master Plan of Highways, as well as Bluff Road south of Victoria Street; the portion of Bluff Road north of Victoria Street was deleted and the County concurs with that decision. He reported that the County is concerned with -the City's deleting the Gisler Avenue overcross- ing until an acceptable alternative is submitted to the County in order for the two Master Plans to be in conformance. The Director advised Council that the County has asked the City to defer any action on the Bluff Road deletion until the Talbert Regional Park General Development Plan is initiated. The Public Services Director stated that in regard to the 19th Street crossing at the Santa Ana River, a report is being finalized to include Council's comments from the Study Session of February 11, 1991. He expected.the consultant's report to be completed in approximately one month. The Director addressed "additional alternatives", and stated that at the above-mentioned Study Session, a suggestion was made to consider reviewing the exist- ing Master Plan to determine those improvements which might be appropriately made without significant dis- placements and/or financial costs, and to adjust land use densities to match roadway capacity. He estimated that this type of study would take a considerable amount of time and would require every- thing else to be put on hold until that study is completed. Master Plan of Bikeways. The Public Services Director reported that three bikeways are recommended for deletion in the Master Plan of Bikeways: Bear Street (Baker Street to Sunflower Avenue), Fairview Read (Baker Street to South Coast Drive), and Paularino Avenue (Bear Street to Ludington Street). He stated that the tentative vote by Council was to retain these bikeways, and he wanted Council to be aware that if Bear Street were to remain on the Master Plan as a bike lane, additional width on the bridge over the I-405 Freeway would be needed; the same is true for the Fairview Road bike lane. In regard to adding an off-road bike trail on Fairview Road (I-405 Freeway to Baker Street),,the Director reported that a minimum of 10 to 12 feet of additional right-of-way would be required on the west side of Fairview Road where residential homes are located. In view of this information, he requested that Council again review these bikeways and provide direction to staff. The Principal Planner spoke about the status of the General Plan and Environmental Impact Report, and stated that the availability of the documents would depend upon whether changes are made to land use intensities and site-specific map amendments. Mayor Hornbuckle reminded the audience that Council will not be considering the merits of policies and issues, but rather items which may warrant further review.. Discussion on Jan Luymes, 592 Park Drive, Costa Mesa, member of the Goals, Objectives, General Plan Steering Committee, spoke at length about and Policies Council votes for Goals, Policies, and Objectives, and mentioned that some items with 2-2 votes were voted on again and the tie was broken, yet, in some instances, M this was not the case. She mentioned that Steering Committee Recommendation -No. 216A, regarding special- ized housing needs, received a 2-2 vote and no further discussion occurred, nor is it listed in Attachment "A". Ms. Luymes made a similar comment on Housing Policy X -E. MOTION A motion was made by Vice Mayor Genis, seconded by Authorized Addi- Council Member Humphrey to allow an additional two tional Time to minutes for Ms. Luymes to complete her comments. The Speak motion carried 4-1, Glasgow voting no. Ms. Luymes spoke about the recommendations by the Steer- ing Committee which favor lowering of densities and intensities but are not found in Attachment "A" because they did not carry. She commented -that according to Policies 187, 188, and 206, Council must identify those intersections that are not going to work, and it seemed to her that these policies must be reserved until the traffic study identifies those intersections. Ms. Luymes recommended that Council review Objective VI -D on Page 189, which relates to promoting intergovernmental coor- dination on transportation projects and programs. Malcolm Ross, C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, stated that the City is required by law to adopt a comprehensive, legally adequate, long- term General Plan which contains specific elements that substantially comply with criteria set forth in the State Planning and Zoning law. He commented that C. J. Segerstrom and other Costa Mesa landowners are concerned about the City's not having an adequate General Plan, and more concerned with the fact that the City has been in the process of revising the General Plan for over four years. He mentioned that in 1987, the Orange County Superior Court found the City's General Plan to be inadequate for a number of reasons, and under State law, these types of defects are normally corrected within 120 days; however, the City chose to disregard the court's direction and commenced upon a total General Plan update. Mr. Ross contended that the lack of ade- quate, long-range planning by the City has prevented landowners from formulating their own plans; in effect, the City has imposed a four-year moratorium, particu- larly for property north of the freeway. He believed that in order for the City to be consistent with State law requirements, it could not continue to delay this process year after year by revisiting prior decisions on policies, and other planning issues. Mark Korando, 582 Park Drive, Costa Mesa, member of the General Plan Steering Committee, addressed Policies 169 and 197 regarding transportation.- He felt that an explanation was needed for deletion of Policy 197 since it was approved by a 4-1 vote. He also wanted the public to be given the opportunity to address any new Goals, Objectives, and Policies, specifically, Policies 218, 219, 220, and 221. In regard to Policy 169, Mr. Korando asked why it was deleted. Jeffrey Childs, Acting President of Marina Highland Homeowners Association, and member of Friends of the Santa Ana River, 1139 Aviemore Terrace, Costa Mesa, stated that construction of the 19th Street bridge is not compatible with Goal I, Objective I -B, nor with Policies 15, 43, and 44, all of which address environmental issues. Scott Williams, no address given, member of the General Plan Steering Committee, was of the opinion that Council should review the Goals, Objectives, and Policies so they are more in line with the public surveys and opinions of property owners. He -believed the General Plan could be completed within a couple of months. Janet Remington, 1164 Boise Lane, Costa Mesa, commented that she saw nothing in the Environmental Impact Report (EIR), nor in Attachment A, which addresses the corre- lation between density and crime. Mayor Hornbuckle suggested that Ms. Remington express her concerns when the Draft EIR is brought back to Council. Jan Vandersloot,.member of Friends of the Santa Ana River, 2221 East 16th Street, Newport Beach, believed there was an inconsistency between Policies 43 and 44 in that Policy 43 refers to "development in the Santa Ana River lowlands",,and Policy 44 states, "Preserve and enhance existing wetlands areas". Mayor Hornbuckle commented that "development" does not necessarily mean that structures will be built. The Principal Planner answered questions from Vice Mayor Genis concerning deletion of Policies 41 through 44, deletion of "critical and noncritical" in Policy 71, deletion of Policy 169, the affect of Measure "M" and Proposition 111 on Objective VI -D, and the deletion of Policy 275. Council Member Humphrey asked staff to investigate the deletions which occurred as a result of tie votes. Motion to Adopt A motion was made by Vice Mayor Genis to adopt staff's Recommendations recommendations for Goals., Objectives, and Policies for Attachment A (Attachment A) with the exception of Policies 53, 71, with Exceptions, 169, and 275 with the proviso that Council re-examine Failed to Carry those policies which may have been dropped because of a tie vote. The motion was seconded by Council Member Humphrey. Council Member Buffa would not support the motion because he felt all these concerns could be addressed when the final vote is taken. He spoke about the City's being without a General Plan, and the fact that the update has been going on for six years. He concluded his comments by stating that he could not support any further delays. Mayor Hornbuckle agreed that changes could be made at the time of the final vote. The motion by Vice Mayor Genis failed to carry 3-2, Council Members Hornbuckle, Buffa, and Glasgow voting no. Discussion on Land Jan Luymes, 592 Park Drive, Costa Mesa, suggested that Use Intensities Council re-examine all densities and intensities except low density residential as detailed in Attachment B, Land Use Intensity Standards. She was concerned about the Floor Area Ratio (FAR). for Regional Commercial, Business Park Mixed-use, the Fairgrounds, and Urban Center Mixed-use. She asked for data on these uses. Jan Vandersloot, 2221 East 16th Street, Newport Beach, suggested that the City model its General Plan after that of the City of Newport Beach relating to down - zoning, traffic.impacts, and calculation of FAR's. Gene Hutchins, 1808 Ringlet Court, Costa Mesa, member of the General Plan Steering Committee, stated that because it has been many months since the General Plan 11 J hearings, additional public input is warranted. He agreed with a speedy conclusion to the General Plan update process. Jeffrey Childs, 1139 Aviemore Terrace, Costa Mesa, was concerned because the proposed General Plan indicates there will be 1,300 fewer single-family homes if the Plan is implemented as written. Mark Korando, 582 Park Drive, Costa Mesa, member of the General Plan Steering Committee, pointed out that the Steering Committee recommended specific height limita- tions for commercial and mixed uses. Responding to a question from Council Member Buffa, the Principal Planner confirmed that Council adopted a four-story height limitation south of the freeway with certain exceptions, such as affordable or senior citizen hous- ing projects. Council Member During discussion, staff answered questions from the Glasgow Left Council relating to EIR and General Plan issues, and it was at this time that Council Member Glasgow left the meeting. Motion to Evaluate A motion was made by Council Member Humphrey, seconded Densities and by Vice Mayor Genis, to evaluate the densities and Intensities intensities (Attachment B). Council Member Buffa (Attachment B) opposed the motion for the same reasons he gave for Failed to Carry the first motion. Mayor Hornbuckle commented that Council will be doing this very thing when the EIR is submitted to Council at a public hearing; therefore, she was opposed to the motion. The motion failed to carry 2-2, Council Members Hornbuckle and Buffa voting no, Council Member Glasgow absent. Mayor Hornbuckle announced that the remainder of this item would be discussed at an adjourned meeting on Tuesday, March 5, 1991, at 6:30 p.m. CITY ATTORNEY The City Attorney requested a closed session pursuant REPORT to Government Code Section 54956.9(b)(1) to discuss Morton/Sencer Claim the claim from Bridget Morton and Lori Sencer. ADJOURNMENT TO At 12:20 a.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room to discuss the aforementioned claim. MEETING RECONVENED At 12:38 a.m., Mayor Hornbuckle reconvened the regular meeting and the City Attorney announced that a motion MOTION/Authorized was made, seconded, and carried, authorizing settlement Settlement of of the Morton/Sencer claim as recommended in the Claim confidential memorandum from the Risk Manager dated February 21, 1991. ADJOURNMENT At 12:40 a.m., the Mayor adjourned the meeting to Tuesday, March 5, 1991, at 6:30 p.m., to complete the remaining items on the Agenda. Mayor o the City ity of Costa Mesa ATTEST Citty Clerk of the City of Costa Me