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HomeMy WebLinkAbout12/02/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 2, 1991 The City Council of the City of Costa Mesa, California, met in regular session December 2, 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 Ms. Margaret Johnson, First Church of Christ Scientist. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council Member Jay Humphrey Council Member Joe Erickson 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 City Clerk Eileen Phinney MINUTES On motion by Council Member Buffa, seconded by Council November 18, 1991 Member Humphrey, and carried 5-0, the minutes of the regular meeting of November 18, 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. _PRESENTATION Mayor Hornbuckle read and presented to Operations Divi- sion Chief Frank J. Fantino and Captain James Michael Ellis, Certificates of Commendation for outstanding service in the Costa Mesa Fire Department, and recog- nizing their nominations by the Orange County Firemen's Association for the 1991 Orange County Overachievers Award. PROCLAMATION Mayor Hornbuckle read a proclamation declaring December "Boys and Girls 5, 1991, as "Boys and Girls Club of the Harbor Area Club of the Day" celebrating their 50 -year anniversary, and Harbor Area" presented the document to Mike Chitjian, who accepted on behalf of the Club's Board of Directors. ORAL COMMUNICATIONS There were no speakers under Oral Communications. CONSENT CALENDAR The following item was removed from the Consent Calen- dar: Item 8, Final Map for Tract No. 14450, James D. Young, developer. On motion by Council Member Buffa, seconded by Council Member Erickson, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Ila s; I READING FOLDER On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Theodore Argott; Mary K. Gordon -McDermott; Ali Khodnegah; Barker & Associates Real Estate, Incorporated; Lea M. Putkamer; and Jeff Wolfe. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: Michael Vanni and Licenses Steve Zdrakas, doing business as Ballpark Pizza -Costa Mesa, 2701 South Harbor Boulevard, Suites E4 and E5; Flouria and Mehdi Kazerooni, doing business as B C Broiler, 2866 Newport Boulevard; Sports Legends, Incorporated, doing business as Legends Sports Bar and Rib Room, 580 Anton Boulevard, Building 2, Store 201; and Majid and Samira Shounia, doing business as Qwik Korner, 612 Baker Street. WARRANTS On motion by Council Member Buffa, seconded by Council Member Erickson, Warrant Resolution 1508, including Pay - MOTION roll 9124, was approved by the following roll call vote: Warrant 1508 AYES: Hornbuckle, Genis, Buffa, Approved Humphrey, Erickson NOES: None ABSENT: None ADMINISTRATIVE The Public Services Director recommended approval of the ACTIONS Annual Plan for Disadvantaged Business Enterprise (DBE) and adoption of the resolution designating Bart Mejia as DBE Annual Plan; the DBE Coordinator for the City. On motion by Council Designation of Member Buffa, seconded by Council Member Erickson, the Liaison Officer Annual Plan was approved, and Resolution 91-87, A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, MOTION CALIFORNIA, DESIGNATING A DISADVANTAGED BUSINESS ENTER - Plan Approved; PRISES LIAISON OFFICER, was adopted by the following Resolution 91-87 roll call vote: Adopted AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Traffic Signal Bids received for Traffic Signal Modifications on Harbor Modifications: Boulevard at Mesa Verde Drive East, Harbor Boulevard at Harbor; 16th the Harbor Shopping Center Entrance, and Installation of Project No. 91-12 Traffic Signal Interconnect on 16th Street Between Placentia Avenue and Superior Avenue, Project No. 91-12, MOTION are on file in the City Clerk's office. On motion by Awarded to Council Member Buffa, seconded by Council Member Signal Maintenance Erickson, the contract was awarded to Signal Mainte- nance, Incorporated, 2720 East Regal Park Drive, Anaheim, for $132,487.00. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Agreement The Public Services Director recommended approval of South Coast Plaza Purchase Agreement and Escrow Instructions for acquisi- tion of property owned by South Coast Plaza, a partner - Intersection ship, an entity of C. J. Segerstrom and Sons, 3315 Improvements, Fairview Road, Costa Mesa, for $290,350.00, for inter - Bristol and Anton section improvements at Bristol Street and Anton Boule- vard. On motion by Council Member Buffa, seconded by MOTION Council Member Erickson, the agreement was approved, and Agreement Approved the Mayor was authorized to sign on behalf of the City. The motion carried by the following roll call vote: 119 AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Arterial Highway The Public Services Director recommended adoption of Financing Program three resolutions requesting projects to be included in the 1992-93 fiscal year Arterial Highway Financing Program (AHFP). A motion was made by Council Member Buffa, seconded by Council Member Erickson, to adopt the following resolutions: Rehabilitation of Resolution 91-88, A RESOLUTION OF THE CITY COUNCIL OF Placentia Avenue THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE 1992-93 ARTE- RIAL HIGHWAY FINANCING PROGRAM THE REHABILITATION OF PLACENTIA AVENUE BETWEEN WILSON STREET AND ADAMS AVENUE. Rehabilitation of Resolution 91-89, A RESOLUTION OF THE CITY COUNCIL OF Fairview Road THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE 1992-93 ARTE- RIAL HIGHWAY FINANCING PROGRAM THE REHABILITATION OF FAIRVIEW ROAD FROM BAKER STREET TO THE I-405 FREEWAY. Improvement of Resolution 91-90, A RESOLUTION OF THE CITY COUNCIL OF Adams Avenue THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE 1992-93 ARTE- RIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF ADAMS AVENUE. MOTION The motion carried by the following roll call vote: Resolutions 91-88, AYES: Hornbuckle, Genis, Buffa, 91-89, and 91-90 Humphrey, Erickson Adopted NOES: None ABSENT: None Agreement D91-142 The Public Services Director recommended approval of County of Orange Agreement D91-142 that gives authority to the County of Orange to construct street improvements on a portion of Street Improve- Santa Isabel Avenue and to construct sidewalks along ments, Construction Santa Isabel and Santa Ana Avenues, at no cost to the of Sidewalks City. On motion by Council Member Buffa, seconded by Council Member Erickson, the agreement was approved, and MOTION the Mayor and City Clerk were authorized to sign on Agreement Approved behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Final Map for Item 8 on the Consent Calendar was presented: Final Map Tract 14450 for Tract No. 14450, James D. Young, developer, 31 Young Argonaut, Aliso Viejo, 2 lots, 0.765 -acre, located at 182 and 186 Albert Place, and 185 and 189 23rd Street, for condominium purposes. The City Clerk read the corrected description: Final Map for Tract 14450, James D. Young, developer, 31 Argonaut, Aliso Viejo, 13 lots, 0.765 -acre, located at 182 and 186 Albert Place, and 185 and 189 23rd Street, to construct 11 residential condominium units, including 2 lots for common open space and access. MOTION On motion by Vice Mayor Genis, seconded by Council Map Approved Member Buffa, and carried 5-0, the map was approved pursuant to provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; the Council did accept on behalf of Associate Planner Kimberly Brandt summarized the Agenda ,Report dated December 2, 1991, stating that Arnel has complied with the terms of the Development Agreement except regarding the processing of a Quit Claim Deed and temporary Right -of --Way Agreement which are the final requirements of CalTrans before construction can begin on Phase III, I-405 northbound/South Coast Drive off ramp/Fairview Road off ramp project. Leonard Hampel, Rutan and Tucker, Attorneys at Law, 611 Anton Boulevard, Suite 1400, Costa Mesa, representing Arnel Development Company, stated that the only issue at hand was Arnel's good faith compliance during the previous year. He reviewed the payment of fees, and he stated that the Quit Claim Deed was meaningless as the -- parcel was previously dedicated to the City; however, Arnel will execute and return the document to CalTrans immediately if that is required. The Director of Public Services responded to questions from Vice Mayor Genis regarding the Fairview Road/Baker Street intersection, stating that: (1) Arnel has deposited sufficient funds based on appraisals for the right-of-way, approximately $680,000.00; and (2) two of the properties at the intersection are service stations, and the City Attorney's office is negotiating to allow the City to determine if there is any soil contamination. The City Attorney stated that the owners of the property would be responsible if soil contamina- tion exists. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that questions addressed to staff might be done earlier so a written report could be prepared. There being no other speakers, the Mayor closed the public hearing. MOTION/Superseded A motion was made by Council Member Buffa, seconded by by Substitute Council Member Erickson, to find and determine that Motion Arnel Development Company has demonstrated good faith compliance with the terms and provisions of the Metro Pointe Development Agreement, DA -88-02, and to direct 'Arnel to continue to comply with the terms of the agreement. Mayor Hornbuckle asked if it would be appropriate to make approval of the Development Agreement conditional upon receiving the Quit Claim Deed. The City Attorney the City: (1) the easement for ingress/egress over Lots "A" and "B" for emergency and security vehicle purposes; and (2) the 3.00 -foot public utility easement as shown on the map; and the City Clerk was authorized to sign on behalf of the City. PUBLIC HEARING The City Clerk announced that this was the time and Annual Review of place set for the public hearing for annual review of DA -88-02, Metro 'Development Agreement DA -88-02, John Biggs, Arnel Devel- Pointe/Arnel opment Company, 950 South Coast Drive, Suite 200, Costa Development Mesa, authorized agent for R & A, Parcel 5, and A & R, Parcel 4, for Metro Pointe Phases 2 and 3, to allow the ultimate construction of 1,285,056 square feet of office development in the 900 block (odd numbers) of South Coast Drive, in a PDC zone. The Affidavits of Mailing and Publication are on file in the City Clerk's office. A communication was received from Dave Leighton, Presi- dent, North Costa Mesa Homeowner's Association, request- ing Council to restudy the entire project. Associate Planner Kimberly Brandt summarized the Agenda ,Report dated December 2, 1991, stating that Arnel has complied with the terms of the Development Agreement except regarding the processing of a Quit Claim Deed and temporary Right -of --Way Agreement which are the final requirements of CalTrans before construction can begin on Phase III, I-405 northbound/South Coast Drive off ramp/Fairview Road off ramp project. Leonard Hampel, Rutan and Tucker, Attorneys at Law, 611 Anton Boulevard, Suite 1400, Costa Mesa, representing Arnel Development Company, stated that the only issue at hand was Arnel's good faith compliance during the previous year. He reviewed the payment of fees, and he stated that the Quit Claim Deed was meaningless as the -- parcel was previously dedicated to the City; however, Arnel will execute and return the document to CalTrans immediately if that is required. The Director of Public Services responded to questions from Vice Mayor Genis regarding the Fairview Road/Baker Street intersection, stating that: (1) Arnel has deposited sufficient funds based on appraisals for the right-of-way, approximately $680,000.00; and (2) two of the properties at the intersection are service stations, and the City Attorney's office is negotiating to allow the City to determine if there is any soil contamination. The City Attorney stated that the owners of the property would be responsible if soil contamina- tion exists. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that questions addressed to staff might be done earlier so a written report could be prepared. There being no other speakers, the Mayor closed the public hearing. MOTION/Superseded A motion was made by Council Member Buffa, seconded by by Substitute Council Member Erickson, to find and determine that Motion Arnel Development Company has demonstrated good faith compliance with the terms and provisions of the Metro Pointe Development Agreement, DA -88-02, and to direct 'Arnel to continue to comply with the terms of the agreement. Mayor Hornbuckle asked if it would be appropriate to make approval of the Development Agreement conditional upon receiving the Quit Claim Deed. The City Attorney responded that the only finding required is that Arnel is either in compliance or not. SUBSTITUTE MOTION A substitute motion was made by Council Member Erickson, Arnel Found to be seconded by Council Member Humphrey, and carried 5-0, in Compliance amending the original motion by adding that the Quit Claim Deed shall be provided within 15 days or this item shall be scheduled for another public hearing. NEW BUSINESS The City Clerk presented a feasibility study of down - Downgrade of grading East 19th Street from a primary/secondary road - East 19th Street way to a residential street. A communication was received from Robert Hoffman, President of Eastside Homeowner's Association, supporting the initiation of cooperative studies with the County of Orange to down- grade the Master Plan of Arterial Highways. The Director of Public Services summarized the Agenda Report dated November 21, 1991. He stated that the source of the cooperative study funds, estimated to be $35,000.00 to $40,000.00, has not been determined but the study may be partially funded by the County. Brahn Walker, 379 East 19th Street, Costa Mesa, stated that at a previous meeting it was determined that dele- tion of the 19th Street bridge would render the EIR and the General Plan defective. The City Attorney responded that another environmental document would be required to cover deletion of the bridge, also the downgrading of 19th Street. He explained that an environmental document is used only to provide information to the Council regarding the consequences of their decisions. Mr. Walker also commented on the condition of Newport Boulevard during construction. MOTION On motion by Council Member Buffa, seconded by Council Time Schedule Member Erickson, and carried 5-0, the time schedule of Deferred Council's action of February 4, 1991, was deferred so that it coincides with a previous direction to pursue a cooperative study with the County of Orange. Council Member Erickson suggested that a copy of the Agenda Report and Request for Proposal be sent to the East Side Homeowners Association for review and input. He stated that the issue is larger than just East 19th Street, the study will address traffic for the entire area as it relates to East 19th Street, Costa Mesa Street, Flower Street, Broadway, etc. COUNCIL MEMBERS Mayor Hornbuckle congratulated the students attending COMMENTS the meeting for wisely choosing a meeting that was short. Copley/Colony Council Member Erickson, Council liaison to the Cable Rate Increase Television Committee, read a letter from Shelley Lash, Chairperson of the Committee, which expressed concern about the rate increase by Copley/Colony Cablevision, effective January 1, 1992, stating that the increase is ill timed because of the recession, and requesting a delay until the economy turns in a more positive direction. GPA for Downgrading Vice Mayor Genis commented that she would like to see of Bridges and a General Plan Amendment initiated to provide for Roadways downgrading of bridges and roadway segments. She also stated that the census data has been certified and Census Data should be treated as final. AMOURNMENT The Mayor declared the meeting adjourned at 7:40 p.m. Mayor o T the City of Costa Mesa ATTEST: City Clerk of the City ofCos a Mesa