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HomeMy WebLinkAbout12/16/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 16, 1991 The City Council of the City of Costa Mesa, California, met in regular session December 16, 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 Vice Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Kenneth Krause, St. Joachim Catholic Church. 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 Redevelopment Project Manager .Muriel Berman MINUTES On motion by Council Member.Buffa, seconded by Council December 2, 1991 Member Humphrey, and carried_5-0, the minutes of the regular meeting of December .2, 1991, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, to read all ordinances by title only. ORAL Barbara Lichman, Attorney at Law, McKittrick, Jackson, COMMUNICATIONS DeMarco and Peckenpaugh, 4041 MacArthur Boulevard, Koll-Irvine Center Newport Beach, representing Koll-Irvine Center Property Property Owners Owners Association, asked that her allotted time to Lawsuit speak be extended to 5 minutes. On motion by Council Member Erickson, seconded by Council Member Humphrey, MOTION and carried 5-0, Ms. Lichman was granted an additional Granted Additional 2 minutes to speak. Time to Speak Ms. Lichman stated that the Koll-Irvine Center Property Owners have filed suit against the County of Orange and and against SNAFUEL, Incorporated, alleging public and private nuisance, strict liability, and interference with prospective economic advantage. She summarized the inherent problems with the SNAFUEL Tank Farm at John Wayne Airport and requested the City's active involve- ment in the litigation. Koll-Irvine Lawsuit Dan Curtis, 3187-F,Airway Avenue, Costa Mesa, President, Koll-Irvine Center Community Association, representing 109 property owners, stated 69 letters have been written regarding this lawsuit, and: (1) properties have been. devalued by unsightly storage tanks above -ground, (2) the tanks are detrimental._to employers, and (3) insur- ance policies may be -cancelled or premiums increased. He requested political and financial -support to have the tanks relocated underground. - ,S 1 ti- i99 John McCray, 3199-A Airport Loop Drive, Costa Mesa, requested the City's support in the lawsuit. He spoke on potential earthquakes in the area of John Wayne Airport, and also on the subject of code conformance. Ed Stewart, 3188-K Airport Avenue, Costa Mesa, commented on the report prepared by Michael Brandman Associates, Incorporated, for the County of Orange regarding air- craft incidents at John Wayne Airport, and this report was cited by the airport as justification for placement MOTION of fuel tanks above -ground. On motion by Council Member Granted Additional Humphrey, seconded by Council Member Erickson, and Time to Speak carried 5-0, Mr. Stewart was granted an additional minute to speak. He then spoke about the cost differen- tial between above- and below -ground fuel tanks. Judith Jelinek, 3184-H Airway Avenue, Costa Mesa, suggested the tank farm be deactivated while mitigation measures are put in place or alternative fueling solu- tions are found. She noted that an Environmental Impact Report was not carried out on this project nor was noti- MOTION fication given to surrounding properties. On motion by Granted Additional Council Member Erickson, seconded by Council Member Time to Speak Humphrey, and carried 5-0, Ms. Jelinek was granted an additional minute to. speak. She stated this issue also affects the South Coast Plaza area, travelers in the airport, and many Costa Mesa residents. Charles Morgan Fred Janson, 1800 Newport Boulevard, Newport Beach, a Fund member of the Costa Mesa Downtown Merchants Association, reported on a fund that has been started to aid a Costa Mesa businessman, Charles Morgan, and his family who were displaced by a fire in their home. Traffic Signal Sid Soffer, 900 Arbor Street, Costa Mesa, commented on Coordination the traffic signals and traffic enforcement on Newport Boulevard and at the intersection of Harbor Boulevard and Adams Avenue. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 4, Pacific Amphitheatre claim; Item 6, Sole source purchase of traffic signal computer; and Item 11, Building, Housing, and Fire Codes Board of Appeals. On motion by Council Member Buffa, seconded by Council Member Humphrey, 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 READING FOLDER On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Lisa Bainbridge; Angela Brough; Gary and Tamera Brown; Gale and Terry Burgert; Lori Costa; Joanne Fretty; James Kirkpatrick; Peter Petersen; and Joseph and Cathy Romero. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: GA Eatery, Incorpo- Licenses rated, doing business as Emporio Armani Express, 3333 South Bristol Street, Suite 1201; and Rosemary and Santiago Najera, doing business as Jaime's, 820 West 19th Street. English Letter from Thomas S. Brachko, 16732 Cedarwood Circle, Language Cerritos, requesting that Council adopt a resolution Amendment in support of House Resolution 123, The Language of Government Act. SET FOR PUBLIC On motion by Council Member Buffa, seconded by Council HEARING Member Humphrey, and carried 5-0, the following item was Residential Devel- set for public hearing on January 6, 1992, at 6:30 p.m., opment Parking in the Council Chambers of City Hall: and Open Space Requirements An ordinance amending the Costa Mesa Municipal Code to increse the parking requirements and to reduce the MOTION/Hearing Set open space requirement for residential development. for January 6, 1992 Environmental Determination: Negative Declaration. VARRANTS On motion by Council Member Buffa, seconded by Council Member Humphrey, Warrant Resolution 1509, including Pay - MOTION roll 9125, was approved by the following roll call vote: Warrant 1509 AYES: Hornbuckle, Genis, Buffa, Approved Humphrey, Erickson NOES: None ABSENT: None ADMINISTRATIVE The Personnel Services Director recommended reappoint - ACTIONS ment of Police Captain Rick Johnson and Fire Captain Retirement Committee Chuck Bassett to the Retirement Committee. On motion by Appointments Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, Captains Johnson and Bassett MOTION/Johnson and were reappointed for a two-year term ending December 31, Bassett Reappointed 1993. Purchase of Mobile The Finance Director recommended authorizing purchase Street Sweeper of one mobile street sweeper. On motion by Council Member Buffa, seconded by Council Member Humphrey, MOTION purchase from Nixon -Egli Equipment Company, 12030 Clark Purchase Approved Street, Santa Fe Springs, for $113,073.93, was approved by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Agreement SLTPP-5312 The Public Services Director recommended approval of with CALTRANS State -Local Entity Master Agreement No. SLTPP-5312 with the State of California, Department of Transportation. Transportation The agreement is required for the purpose of obtaining Funding funds under Senate Bill 300 for transportation improve- ments. On motion by Council Member Buffa, seconded by MOTION Council Member Humphrey, 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: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Notice of Completion Bristol Street and Baker Street Rehabilitation and Storm Clayton Engineering Drain Improvements, from Baker Street to Bear Street, Project No. 91-05,. was completed to the satisfaction of Bristol and Baker the Public Services Director on November 22, 1991, by Rehabilitation and Clayton Engineering, Incorporated, 23011 Moulton Parkway, Storm Drain Improve- Suite J-11, Laguna Hills. On motion by Council Member ments, Project No. Buffa, seconded by Council Member Humphrey, the work was 91-05 accepted; the City Clerk was authorized to file a Notice of Completion; authorization was given to release reten- MOTION tion funds 35 days thereafter; the Labor and Material Work Accepted Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months there- after. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Amendment to The Chief of Police recommended approval of Amendment County of Orange No. 4 to the Helicopter Maintenance Agreement with the Helicopter Mainte- County of Orange, Sheriff -Coroner Department. On motion nance Agreement by Council Member Buffa, seconded by Council Member Humphrey, the agreement was approved, and the Mayor and MOTION City Clerk were authorized to sign on behalf of the Amendment Approved City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Claim from Item 4 on the Consent Calendar was presented: Claim Pacific Amphi- from Pacific Amphitheatre. Sid Soffer, 900 Arbor theatre Street, Costa Mesa, noted that staff had been including a description of each claim on the agenda which was not MOTION done for Item 4. The City Attorney responded that the Claim Rejected notation, "breach of a mutual release with the City", was inadvertently omitted. On motion by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, the claim was rejected. Purchase of Traffic Item 6 on the Consent Calendar was presented: Sole Signal Computer source purchase of a traffic signal computer for from Winko-Matic $116,706.18 from Winko-Matic Multisonics Corporation, Multisonics 950 West Central Avenue, Suite C, Brea, and authorize trade-in of eight surplus controllers. Sid Soffer, 900 MOTION Arbor Street, Costa Mesa, stated he was opposed to the Purchase Approved; City spending additional money on traffic computer Trade-in Authorized equipment. On motion by Council Member Erickson, sec- onded by Council Member Humphrey, the purchase was approved, and the trade-in was authorized. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Building, Housing, Item 11 on the Consent Calendar was presented: Create and Fire Codes Building, Housing, and Fire Codes Board of Appeals. The Board of Appeals City Manager recommended that this item be removed from the Consent Calendar and be placed either under: (1) New MOTION Business for discussion this evening, or (2) Old Bus - Continued to iness on the January 6, 1992, agenda. On motion by January 6, 1992 Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, this item was continued to the Council meeting of January 6, 1992. PUBLIC HEARING The City Clerk announced that this was the time and Appeal of PA -88-116 place set for the public hearing to consider an appeal Howell/Island of the Planning Commission's decision revoking Planning Trader Action PA -88-116 for Gregory Howell, 1500 Newport Boule- vard, Costa Mesa, representing Island Trader, and Lanfranco Family Trust, 1514 Newport Boulevard, Costa Mesa, for a Conditional Use Permit to allow a restaurant,. Island Trader, in a commercial building within 200 feet of residentially zoned property, located at 1500 Newport Boulevard in a C2 zone. Environmental Determination: Negative Declaration. A communication was received from Pearl Sze, 1502 Orange Avenue, Costa Mesa, in support of revoking Planning Action PA -88-116. The Affidavit of Mailing is on file in the City Clerk's office. X32 The Deputy City Manager/Development Services summarized the Agenda Report dated December 5, 1991. He stated that recently the Island Trader has reduced the problems affecting the surrounding neighbors. Assistant Planner Steven Clarke noted that there have been fewer com- plaints from the neighbors. The following people spoke in support of revoking the permit: Jerry Tucker, 466 Flower Street, Costa Mesa, owner of property at 508 North Newport Boulevard; Charles Clow, 1672 Tustin Avenue, Costa Mesa, co-owner of property at 1509 Orange Avenue; Monika Sloan, 507 Orange Avenue, Newport Beach, owner of property at 3411 East 15th Street; Tim Goodman, 507 Orange Avenue, New- port Beach; Patricia Jorgensen, 1672 Tustin Avenue, Costa Mesa, co-owner of property at 1509 Orange Avenue; Jean Park, 789 Paularino Avenue, Costa Mesa, owner of property at 190 East 15th Street; and Jill Broten, 1513 Orange Avenue, Costa Mesa. The following persons spoke in opposition to revoking the permit: Rick Braeutigam, 220 Old Newport Boulevard, Costa Mesa; and William Ryan, no address given. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the object of the General Plan is to avoid this type of situation. Greg Howell, Island Trader, reviewed the original Plan- ning Commission report of August 8, 1988, including the original seating plan of the restaurant and bar, and he responded to several specific concerns. He suggested that the problems could be minimized so that it would be possible to coexist peacefully with the neighbors. Lieutenant James Watson, Costa Mesa Police Department, responded to a question from Council Member Erickson by relating that during the past 60 days there have been no significant occurrences at the Island Trader location, noting that an officer has checked this bar on a regular basis. There being no other speakers, the Vice Mayor closed the public hearing. MOTION - A motion was -made by Council Member Buffa, seconded by Planning Commis- Council Member Humphrey, to uphold the decision of the sion's Decision Planning Commission to revoke Planning Action PA -88-116, Upheld including the findings referenced in the Planning Commission action: (1) The evidence in the record demonstrates that use of the premises as a bar is substan- tially incompatible with development in the same general area and is materially detrimental to other properties within the area; (2) The evidence in the record demon- strates that granting of a Conditional Use Permit to allow the premises to remain as a bar with incidental sale of food will be materially detrimental to the health, safety, and general welfare of the public and otherwise injurious to property and improvements within the immediate neighborhood; and (3) The evidence in the record demonstrates that current use of the premises constitutes a public nuisance in that it is offensive to the senses of, and an obstruction to, the free use of public and private property so as to interfere with the comfortable enjoyment of life or property by an entire neighborhood or considerable number of persons. The motion carried 5-0. PUBLIC HEARING `Ihe City Clerk announced that this was the time and 1991-96 Comprehen- place set for the public hearing to consider the 1991-96 sive Housing Comprehensive Housing Affordability Strategy, CHAS, for Affordability the following: Strategy (a) Resolution authorizing the City Manager to act as the City's official representative to submit the CHAS and all certifications contained therein; and (b) Authorize the City Manager to act in connection with submission of the CHAS and to provide such additional information as may be required. The Affidavit of Publishing is on file in the City Clerk's office. The Redevelopment Project Manager summarized the Agenda Report dated December 6, 1991. There being no speakers, the Vice Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Council Resolution 91-91 Member Humphrey, Resolution 91-91, A RESOLUTION OF THE Adopted; City CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Manager Authorized AUTHORIZING SUBMISSION TO THE UNITED STATES DEPARTMENT to Act Re CHAS OF HOUSING AND URBAN DEVELOPMENT A COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) FOR FISCAL YEAR 1991-1996, was adopted; and the City Manager was authorized to act in connection with submission of the CHAS and to provide such additional information as may be required. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None RECESS The Vice Mayor declared a recess at 8:05 p.m., and the meeting reconvened at 8:20 p.m. NEW BUSINESS The City Clerk presented a General Plan Amendment General Plan Amend- request from Paul Turigliatto, Interinsurance Exchange ment Request of the Automobile Club of Southern California, 2601 Automobile Club South Figueroa Street, Los Angeles, to change the land use designation of 29.5 acres at 3333 Fairview Road from Industrial Park to Urban Center Commercial to allow expansion of Automobile Club facilities. The Deputy City Manager/Development Services reviewed the Agenda Report dated December 2, 1991, stating that if this request is approved for processing, an Environ- mental Impact Report will be required, and the General Plan Amendment would be heard by Council in approxi- mately June, 1992. Paul Turigliatto, Director, Administrative Services, Automobile Club of Southern California, related that the Automobile Club has been in Costa Mesa since 1957, purchased the 29.5 acres on Fairview Road in 1980, and invested over $55,000,000.00 in this development. He then gave a brief overview of the current need for expansion. Council Member Erickson stated he met with the appli- cants the previous week to discuss the proposed GPA, and he expressed appreciation for the positive traffic management programs employed at.the facility. Council Member Buffa also commended the applicant for being a good corporate citizen, specifically in regard to their employee transportation.system. Scott Williams, no address given, stated that he agreed with the Agenda Report and that approval of this request would eventually generate an appreciable increase of MOTION traffic. On motion by Council Member Erickson, seconded Granted Additional by Council Member Humphrey, and carried 5-0, Mr. Time to Speak Williams was granted an additional minute to speak. He stated that his objection to the application was on the grounds that there would be a substantial increase in the daily vehicle traffic, a volume that would signifi- cantly decrease the intersection capacity utilization, and the noise level and carbon monoxide level would increase. MOTION On motion by Council Member Buffa, seconded by Council Continued to Member Erickson, and carried 5-0, this was item was February 18, 1992 continued to the meeting of February 18, 1992. NEW BUSINESS The City Clerk presented a General Plan Amendment General Plan Amend- request from Newport Pacific Development Corporation, ment Request 4400 MacArthur Boulevard, Suite 900, Newport Beach, to Newport Pacific change the land use designation of property located at 2777 Bristol Street from Low Density Residential to High Density Residential to allow construction of a 54 -unit senior citizen condominium project. The Deputy City Manager/Development Services summarized the second GPA request as reported in the Agenda Report of December 2, 1991. Moe Mohanna, Newport Pacific Development Corporation, spoke about the proposed condominium project, noting that: (1) the range of sales prices are within the affordability guidelines set by Council; (2) the pro- posed plan would generate less traffic; and (3) there is a great demand for,affordable senior citizen housing. He requested the opportunity to present additional information on the overall compatibility of this project. The Deputy City Manager/Development Services commented there was concern regarding changing a single parcel of land to high density which will be entirely surrounded by a low density designation. Amos Deacon, 9702 Windes Drive, Orange, owner of proper- ty at 2777 Bristol Street, asked questions regarding the zoning of the property surrounding the subject site. The Deputy City Manager/Development Services showed an overhead slide which demonstrated the zoning of the property adjacent to 2777 Bristol Street. Geraldine Evans, 2838 Drake Avenue, noted the pattern of traffic leaving this property which would be through the Mesa del Mar tract. MOTION On motion by Council Member Buffa, seconded by Council Request Rejected Member Humphrey, and carried 5-0, the request to proceed with the GPA was rejected. NEW BUSINESS The City Clerk presented the General Plan Amendment General Plan Amend- request from Rudy Mariman, 341 Bayside Drive, Suite 3, ment Request Newport Beach, to change the land use designation of the Mariman rear 12 feet of property located at 332 and 340 Hamil- ton Street from Low Density Residential to High Density Residential to facilitate the conversion of an existing apartment project to condominiums, located at 2110 Thurin Avenue and 2111 Doctors Circle. The Deputy City Manager/Development Services reviewed the third GPA per the Agenda Report of December 2, 1991. 1 Rudy Mariman stated that by requesting a General Plan Amendment for this project, he is endeavoring to satisfy the open space and parking requirements. MOTION On motion by Council Member Erickson, seconded by Request Rejected Council Member. Humphrey, and carried 5-0, the request to proceed with the GPA was rejected. NEW BUSINESS The City Clerk presented an Ordinance amending Section Fire Department 7-1 of Title 7 of the Costa Mesa Municipal Code pertain - Functions ing to the functions of the Costa Mesa Fire Department. The City Attorney reported that this ordinance was prepared at the request of Fire Chief Jim Reed. He pointed out that the new language begins on Page 1 of the Ordinance, Section 1, first paragraph under Section 7-1, beginning with "The functions of the Fire Depart- ment shall include...", and then enumerates the functions that are currently being provided by the Fire Department. MOTION On motion by Council Member Humphrey, seconded by Mayor Ordinance 91-29 Hornbuckle, Ordinance 91-29, AN ORDINANCE OF THE CITY Given First COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING Reading SECTION 7-1 OF TITLE 7 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO THE FUNCTIONS OF THE COSTA MESA FIRE DEPARTMENT, was given first reading and passed to second reading by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented the lease with Newport -Mesa Lease with Newport Unified School District through January, 1992, for use Mesa Unified of property at Costa Mesa High School for the Paul School District Brecht botannical collection. The City Manager reviewed the Agenda Report dated December 5, 1991, noting that the existing program is appropriated from the Community Services Department for the balance of the current fiscal year. Paul Brecht, 4201 Williwaw Drive, Irvine, explained that his collection of over 10,000 plants, many of which are rare, are targeted for a botannical garden; and his collection of horticulture books, accumulated over a period of 40 years, could be organized into a reference library. Roy Pizarek, 1923 Whittier. Street, Costa Mesa, suggested Canyon Park as a potential location for the botannical garden. Council Member Buffa suggested extending the lease for six months in order for Mr. Brecht to continue working with staff to investigate alternative funding sources. Mayor Hornbuckle suggested that this item be considered at the mid -year financial review in January, 1992. Vice Mayor Genis asked if the collection is moved to a permanent location outside of Costa Mesa, does the City stand guilty of making a gift of the public funds for storage of the collection over the ensuing period, and the City Attorney responded that during this period of implied offer of dedication, probably not; however, the fact that funds are being expended for a collection that the City does not own is questionable. Council Member Humphrey stated he would support a six- month extension of the lease if at the end of that time, a final decision is reached as to disposition of the botannical garden. MOTION On motion by Council Member Buffa, seconded by Council Lease Extended to Member Erickson, the lease was extended for six months, June 30, 1992 to June 30, 1992. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None NEW BUSINESS The City Clerk presented a request to initiate a semi - Residential Traffic annual "Residential Traffic Monitoring Program" based on Monitoring Program available funding to proactively identify and address traffic conditions in residential areas. The Public Services Director reviewed the Agenda Report dated December 9, 1991. He clarified that the program would address traffic problems every two years, not every six months. MOTION On motion by Council Member Buffa, seconded by Council Program Approved Member Humphrey, and carried 5-0, the "Residential Traffic Monitoring Program" was approved. NEW BUSINESS The City Clerk presented a request from the Costa Mesa Downtown Merchants Downtown Merchants Association for an Advertising and Grant Promotional Grant relating to the Newport Boulevard rehabilitation project. Council Member Buffa summarized the Agenda Report dated December 13, 1991, and Council Member Erickson stated that the original request from the applicant was for $8,000.00, a later request was for $24,000.00, and it is recommended that the initial request be approved. The City Manager stated that this grant would be for a four-month period covering the pavement -rehabilitation project that starts the first part of January. Randy Garell, Executive Director., Downtown Merchants Association, stated the $24,000.00 request was intended to provide aid for an additional year, and he reported on the financial difficulties faced by this group. MOTION On motion by Council Member Buffa, seconded by Council Funds Approved Member Erickson, a grant of $8,000.00 was approved by the following roll call vote: AYES: Hornbuckle, Buffa, Humphrey, Erickson NOES: Genis ABSENT: None NEW BUSINESS The City Clerk presented a request from the Parks, Victoria Street Recreation Facilities and Parkways Commission to add Widening landscaped medians to the Victoria Street Widening Landscaped Medians Project. The City Manager reviewed the Agenda Report dated December 11, 1991. Mayor Hornbuckle noted that a state- ment on Page 11 of this report indicated that she supported the alternate project; however, although she supports the concept of medians, she does not support this particular modification at this point in time. John DeWitt, Vice Chairman, Parks, Recreation Facilities, ,and Parkways Commission, 200 Balearic Drive, Costa Mesa, gave a lengthy presentation regarding the importance of using raised, landscaped medians to beautify the City, as detailed in his letter addressed to Council dated December 10, 1991. A discussion ensued regarding fund- ing of the proposed medians. The Director of Public Services, responding to an inquiry from Council Member Erickson, stated that the addition of the medians would add several months to the construction of the Victoria Street widening. Roy Pizarek, 1923 Whitter Avenue, Costa Mesa, commended Mr. DeWitt on his thorough presentation, and he commented on the "softening" effects of having the raised, land- scaped medians on busy thoroughfares. He asked if they could be installed at this late date, and the Director of Public Services responded that any change to the contract at this time would be major and would include a considerable amount of design work. Dick Mehren, Parks, Recreation Facilities, and Parkways Commission Member, 1824 Kinglet Court, Costa Mesa, supported having landscaped medians added to Victoria Street, stating that the City needs to improve the aesthetics of the streets. MOTION A motion was made by Council Member Buffa, seconded by Proceed with Council Member Erickson, to proceed with the proposal Medians/Continue to add landscaped medians to the Victoria Street Widen - to January 6, 1992 ing Project, and to place this item on the agenda for the meeting of January 6, 1992, with a directive to staff to provide further clarification on the issue of an Environmental Impact Report addendum, if necessary, and firm costs. Point of Clarifi- Mr. DeWitt pointed out that the informational item cation from the Director of Public Services dated December 11, 1991, specified that through November 23, 1987, raised and/or painted medians are mentioned as possibilities in the EIR, and he clarified that he does not propose that driveways be blocked with the medians. SUBSTITUTE MOTION A substitute motion was made by Mayor. Hornbuckle, Continued to seconded by Vice Mayor Genis, to continue this item to January 20, 1992 the meeting of January 20, 1992, with the directive to staff as stated in the original motion, and to include information on how the deletion of the 19th Street bridge would affect the viability of the medians. The motion carried 4-1, Council Member Buffa voting no. CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORTS Government Code Sections 54956.9(a) and 54956.9(c) to Humphrey; Koll- discuss the following matters: Humphrey v. City of Irvine Center Costa Mesa, and Koll-Irvine Center Property Owners Association, et al. Vice Mayor Genis announced that closed session would be held after close of regular business. CITY MANAGER The City Manager responded to the request to report on REPORT the possibility of cable televising the General Plan General Plan meetings from the Neighborhood Community Center (NCC) in Meetings at NCC January, 1992, stating that since there is no cable access at NCC, it would not be possible to have live coverage of the January 8 meeting; however, it may be possible televise the meeting of January 29. MOTION A motion was made by Council Member Erickson, seconded General Plan Meet- by Mayor Hornbuckle, to hold the General Plan meeting ing Dates and of January 8, 1992, in the Council Chambers of City Locations Approved Hall, and the meeting of January 29, 1992, at the Neighborhood Community Center. The motion carried 5-0. 08 -e-V C� using raised, landscaped medians to beautify the City, as detailed in his letter addressed to Council dated December 10, 1991. A discussion ensued regarding fund- ing of .the proposed medians. The Director of Public Services, responding to an inquiry from Council Member Erickson, stated that the addition of the medians would add several months to the construction of the Victoria Street widening. Roy Pizarek, 1923 Whitter. Avenue, Costa Mesa, commended Mr. DeWitt on his thorough presentation, and he commented on the "softening" effects of having the raised, land- scaped medians on busy thoroughfares. He asked if they could be installed at this late date, and the Director of Public Services responded that any change to the contract at this time would be major and would include a .considerable amount of design work. Dick Mehren, Parks, Recreation Facilities, and Parkways Commission Member, 1824 Kinglet Court, Costa Mesa, supported having landscaped medians added to Victoria Street, stating that the City needs to improve the aesthetics of the streets. MOTION A motion was made by Council Member Buffa, seconded by Proceed with Council Member Erickson, to proceed with the proposal Medians/Continue to add landscaped medians to the Victoria Street Widen - to January 6, 1992 ing Project, and to place this item on the agenda for the meeting of January 6,. 1992, with a directive to staff to provide further clarification on the issue of an Environmental Impact Report addendum, if necessary, and firm costs. Point of Clarif i- Mr. DeWitt pointed out that the informational item cation from the Director of Public Services dated December 11, 1991, specified that through November 23, 1987, raised and/or painted medians are mentioned as possibilities in the EIR, and he clarified that he does not propose that driveways be blocked with the medians. SUBSTITUTE MOTION A substitute motion was made by Mayor Hornbuckle, Continued to seconded by Vice Mayor Genis, to continue this item to January 20, 1992 the meeting of January 20, 1992, with the directive to staff as stated in the original motion, and to include information on how the deletion of the 19th Street bridge would affect the viability of the medians. The motion carried 4-1, Council Member Buffa voting no. CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORTS Government Code Sections 54956.9(a) and 54956.9(c) to Humphrey; Koll- discuss the following matters: Humphrey v. City of Irvine Center Costa Mesa, and Koll-Irvine Center Property Owners Association, et al. Vice Mayor Genis announced that closed session would be held after close of regular business. CITY MANAGER The City Manager,responded to the request to report on REPORT the possibility of cable televising the General Plan General Plan meetings from the Neighborhood Community Center. (NCC) in Meetings at NCC January, 1992, stating that since there is no cable access at NCC, it would not be possible to have live coverage of the January 8 meeting; however, it may be possible televise the meeting of January 29. MOTION A motion was made.by Council Member Erickson, seconded General Plan Meet- by Mayor Hornbuckle, to hold the General Plan meeting ing Dates and of January 8, 1992, in the Council Chambers of City Locations Approved Hall, and the meeting of January 29, 1992, at the Neighborhood Community Center.. The motion carried 5-0. 1 ;1 1 COUNCIL MEMBERS Council Members Erickson, Humphrey, Buffa, and Genis COMMENTS wished everyone a happy and safe holiday season. Bill of Rights Mayor. Hornbuckle reminded everyone that December 15th was the 200th birthday of the Bill of Rights. ADJOURNMENT TO At 11:00 p.m., the Vice Mayor adjourned the meeting to a CLOSED SESSION closed session in the first -floor Conference Room, to discuss the two items previously announced by the City Attorney. MEETING RECONVENED The Vice Mayor reconvened the meeting at 11:15 p.m. The following action was taken: Humphrey v. City of By a vote of 3-0, Council Member Humphrey absent and Costa Mesa Vice Mayor Genis abstaining, the settlement offer regarding Eleanore Humphrey v. City of Costa Mesa, MOTION Orange County Superior Court Case No. 64-01-99, was Settlement Approved approved in accordance with the City Attorney's confidential memorandum dated December 10, 1991. MOTION By a vote of 5-0, Koll-Irvine Center. Property Owners Koll-Irvine v. Association, et al. v. County of Orange, et al., Orange County Continued County Superior. Court Case No. 67-52-53, was continued to January 6, 1992 to the meeting of January 6, 1992. ADJOURNMENT At 11:20 p.m., the Vice Mayor adjourned the meeting to adjourned special Council meetings on January 8, 1992, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa; and on January 29, 1992, at 6:30 p.m., at the Neighborhood Community Center, 1845 Park Avenue, Costa Mesa, for the purpose of holding the continued public hearing on the 1990 General Plan. ayor ofe City of Costa Mesa ATTEST: t5l �'v - � (9.) (A ` City Clerk of the City of Cos Mesa