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HomeMy WebLinkAbout02/05/1996 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 5, 1996 The City Council of the City of Costa Mesa, California, met in regular session February 5, 1996, 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 led by Mayor Pro Tem Buffa, and invocation by the Reverend Conrad Nordquist, St. John the Divine Episcopal Church. ROLL CALL Council Members Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle (arrived at 7:15 p.m.) Council Member Sandra Genis Council Member Gary Monahan Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Personnel Services Director Steve Hayman Community Services Director Keith Van Holt Budget and Research Officer Richard Averett Transportation Services Manager Peter Naghavi Associate Planner Kimberly Brandt Management Analyst Paula Schaefer Assistant to the City Manager Ann Gyben Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member January 15, 1996 Monahan, and carried 4-0, Council Member Hornbuckle absent, the minutes of the regular meeting of January 15, 1996, were approved. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Gens, and carried 4-0, to read all ordinances and resolutions by title only. NEIGHBORHOOD Council Member Monahan commended Anne Firestone, Merrill WATCH PROGRAM Place, for hosting the January, 1996, Neighborhood Watch meeting. ANNOUNCEMENTS Mayor Erickson announced that a continuation had been recommended for Public Hearing No. 3, Planning Action PA -96-09, establishing a Master Plan for the former Costa Mesa High School farmland; and No. 3(a), Amendment to Site Specific Agreement No. 1 with the Newport -Mesa Unified School District and the State to develop athletic fields on the same property. 1,®4 PRESENTATION Yurires Sanchez, 598 Joann Street, Apartment B, Costa Mesa, Alternative Education representing the Alternative Education Center (AEC) at Monte Vista Center Report High School, reported on her volunteer work at Whittier Elementary School as a representative of AEC's community service program, and detailed her previous work experience. She introduced friends and members of her family who were in attendance. PRESENTATION The City Manager commended the following Costa Mesa City City Service Awards employees for their years of dedication and service: acknowledge- ment for 30 years of service was given to Florine Reichle, Sanitary District; and Keith Van Holt, Community Services. Employees honored for 25 years of service were Police officers Tom Boylan and Jim Watson; and Jim Morrison, Central Services. ORAL COMMUNI- Anne Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa, CATIONS reported that she works with the American Association of Retired Ballot Measure No. Persons (AARP) who strongly oppose ballot Measure No. 199, with 199, "Rental the misleading title of "Rental Assistance". She asserted that the Assistance" measure would allow mobile home park landlords to raise rents .without restrictions. She urged Council to oppose this measure which will appear on the March 26, 1996, Primary Election ballot. Pothole/Street Repair Larry Weichman, 1175 Boise Way, Costa Mesa, representing the and Alley Upgrading Costa Mesa North Homeowners Association, related that a large pothole on Baker Street at Coolidge Avenue presents a potentially dangerous situation. The Public Services Director indicated that the pothole will be repaired.. Mr. Weichman asked that the City's alleys in the same neighborhood be upgraded with additional lighting and repaving. As a member of the Coalition for Responsible Govern- ment, he reported as follows on resident response to a recent circular which asked where they would choose to spend $16 million: street repair of Adams Avenue between Harbor Boulevard and Royal Palm Drive; increased number of police officers; more gang detail; a new pool at Costa Mesa High School; and return the money to the taxpayers. The Public Services Director responded to the Adams Avenue street repair by stating that this section of road had not been repaired because of the upcoming widening of the Harbor Boule- vard/Adams Avenue intersection, which should be accomplished by late summer, 1996. Proposed Water Mike Healey, 2144 Iris Place, Costa Mesa, a Director of the Mesa District Merger Consolidated Water District, expressed concern regarding the proposed merger of the District with other independent districts. He stated that since his appointment to the Board of Directors in September, 1995, he has attempted to better understand the current water situation, and felt that to lose experienced, professional water managers at this time, as mandated by Assembly Bill 2109, would be foolhardy. Mayor Erickson announced that this issue would be addressed at the Council Study Session scheduled for Monday, February 12, 1996, at 4:00 p.m., in Conference Room 1A. Costa Mesa High Peter Garrett, 2719 Lorenzo Avenue, Costa Mesa, stated that his School Ball Fields residence is located next to Costa Mesa High School, and he did not object to the baseball fields. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR 9, Retirement of police service dog, Igor. MOTION/Approved On motion by Mayor Pro Tem Buffa, seconded by Council Member Except Item 9 Genis, and carried 4-0, the remaining Consent Calendar items were approved as recommended. S READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Michael Bowie; Bill and Judith Buckley; Susan Burgess; Jean D. Girado; Anita Goodall; Judith Karim; Cathy Kitto; Claudia Lapin; Earlene Roe; Kimberly Skeen; Flora Annette Suitor; Monique Suitor, a minor; and Dana Watheri. Alcoholic Beverage Alcoholic Beverage Licenses for which parking has been approved Licenses by the Planning staff: Cora L. and Victor M. Bonilla, doing business as La Carreta, 745 West 19th Street; Lien Hoang Le and Ta Trung Nguyen, doing business as Vans Liquor, 145 East 19th Street; and Dung Viet Doan, doing business as Alta Dena Dairy, 1085 Baker Street. Public Utilities Notice R.90-01-012 from the Public Utilities Commission regarding Commission revisions to General Order (GO) 159, an Order Instituting Rulemaking on the Commission's own motion to develop revisions to General Orders and Rules applicable to citing and environmental review of cellular module radiotelephone utility facilities. SET FOR PUBLIC HEARING/Adopted Resolution 96-5, Setting a Hearing on March 4, 1996, to Vacate Easement WARRANTS Approved Warrant 1616; Payroll 9601 REJECTED CLAIMS Twentieth Century/ Allen MacDonald Nestel Raza Woolery ADMINISTRATION ACTIONS/Awarded Doctor's Circle, Project 95-16, to Hillcrest Resolution 96-5, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF A RESERVA- TION EASEMENT FOR PUBLIC UTILITIES IN LOT 1, BLOCK C, BERRY TRACT, was adopted, setting a public hearing on March 41 1996, at 6:30 p.m., in the Council Chambers of City Hall. Warrant Resolution 1616, funding City operating expenses in the amount of $2,048,370.00; and Payroll 9601 for $1,419,538.00, were approved. The following claims were rejected: Twentieth Century Insurance/Lori Allen (vehicle collision). Bruce MacDonald (alleged violation of civil rights/motor vehicle impounded). Noah Nestel (alleged dangerous condition on Bay Street). Shanaz Raza (reimbursement for alleged lost rent). Dennis Woolery (reimbursement of vehicle tow fees). Bids received for Doctor's Circle Street Improvements, Project No. 95-16, are on file in the City Clerk's office. The contract was awarded to Hillcrest Contracting, Incorporated, Post Office Box 1898, Corona, in the amount of $62,073.00. Approved Agreement An agreement with Mike Linares, 2713 North Dayna Street, Santa with Mike Linares Ana, for $66,000.00, to renew Community Development Block for CDBG/HOME Grant(CDBG)/HOME contract staff services, was approved; and the Staff Services City Manager was authorized to sign on behalf of the City, subject to final approval as to form by the City Attorney. Approved Agreement A License Agreement with Orange County Fixed Guideway Agency, with Fixed Guideway 300 North Flower Street, .Suite 720, Santa Ana, for use of a City Agency for Use of office for one year to store records, was approved, and the Mayor City Office was authorized to sign on behalf of the City. 1.15 106 Approved Contract Contract No. 8CA95607 with the California Department of Forestry 8CA95607 with State and Fire Protection, for $1,644.00, to distribute grant funds under Forestry and Fire the Small Business Administration Tree Planting Program, for 120 for Tree Planting parkway trees, was approved. Adopted Resolution Resolution 96-6, A RESOLUTION OF THE CITY COUNCIL OF 96-6 Authorizing THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING Keith Van Holt to AND DIRECTING KEITH VAN HOLT TO EXECUTE Execute Contract CONTRACT NO. 8CA95607 REGARDING DISTRIBUTION OF GRANT FUNDS UNDER THE SMALL BUSINESS ADMINISTRATION TREE PLANTING PROGRAM, was adopted. Approved Budget Budget Adjustment No. 96-38, recognizing $8,220.00 in grant Adjustment No. 96-38 ' revenue and reallocating $1,645.00 to cover the administrative fee, was approved. Retirement of Police Item 9 on the Consent Calendar was presented: Retirement of police Dog, Igor ! service dog, Igor; and purchase agreement with Police Officer Paul Ellis. Council Member Genis suggested that Igor come forward to be recognized for his years of service to the City. Police Lieutenant Dennis Cost summarized the Agenda Report dated January 25, 1996, and presented him with a retirement badge. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, thanked Officer Ellis and commended Igor for a job well done. On motion by Mayor Pro MOTION Tem Buffa, seconded by Council Member Genis, and carried 4-0, Approved Agreement the agreement was approved, and the City Manager was authorized to- sign on behalf of the City. i PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Uniform Building from the meeting of January 15, 1996, regarding the 1994 Uniform Code Fees Administrative Code and 1994 Uniform Building Code fees. A communication was received from the Building Industry Association, Orange County Chapter, 9 Executive Circle, Suite 100, Irvine, suggesting that if fees were increased, it should be over a two- to three-year period, and current projects should be exempt. The Budget and Research Officer summarized the Agenda Report dated January 25, 1996. There being no speakers, the Mayor closed the public hearing. Motion to Adopt Fees ! A motion was made by Council Member Genis, seconded by Mayor Withdrawn, Item Erickson, to adopt the subject fees. After discussion, Council Trailed Member Genis withdrew her motion, and the item was trailed until the arrival of Council Member Hornbuckle. Council Member Genis commented that even with an increase, the City will not recover 100 percent of its costs, and Costa Mesa would still have the second lowest fee, next to the City of Newport Beach, who are currently reexamining their fees. She felt that the user should generate as much as possible towards the cost of services being received, and 'the average taxpayer should not be expected to absorb the cost for others. Council Member Monahan objected to the 40 percent increase, noting that it was quite drastic. He felt that if all the fees involved in this process were considered, such as traffic impact fees which are high, they would balance out. Council Member Genis pointed out that since the City's fees are very low, any attempt to bring them within a normal range would require a high percentage of increase.. Mayor Erickson supported the fee increase because it benefits the user. Mayor Pro Tem Buffa wished to retain the current fees. 1 Later in the meeting, Council Member Hornbuckle expressed her opinion that the fees should cover the cost of the service, and in turn, those costs should be reduced wherever possible. MOTION Council Member Genis reiterated her earlier motion to approve the Adopted Resolution 1994 Uniform Building and Administrative fees by adopting 96-7 Approving 1994 Resolution 96-7, A RESOLUTION OF THE CITY COUNCIL OF Building and Admin- THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING istrative Fees AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES FOR BUILDING SAFETY SERVICES PROVIDED BY THE CITY OF COSTA MESA. The motion was seconded by Mayor Erickson, and carried 3-2, Council Members Buffa and Monahan voting no. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued City Hall and Police from the meeting of January 15, 1996, regarding seismic retrofit Seismic Retrofit schemes: exteriort'steel braced frames scheme for City Hall; and exterior concrete shear walls scheme for the police facility. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Public Services Director reviewed the Agenda Report dated January 19, 1996, and presented renderings of the three retrofit alternatives. There being no speakers, the Mayor closed the public hearing. Council Member Hornbuckle arrived at 7:15 p.m. MOTION On motion by Council Member Monahan, seconded by Council Approved Shear Wall Member Genis, and carried 5-0, the exterior concrete shear wall Option for Police retrofit for the Police facility was approved. Motion to Approve A motion was made by Council Member Monahan to approve the Concrete Moment exterior concrete moment resisting frames for City Hall, directing Resisting Frames for staff to review funding options., The motion died for lack of a City Hall Died second. A consensus of Council opinion held that none of the options were particularly attractive. MOTION/Approved On motion by Mayor Pro Tem Buffa, seconded by Council Member Steel Braced Frames Genis, and carried 4-1, Council Member Monahan voting no, the for City Hall exterior steel braced frames retrofit for City Hall was approved. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place PA -96-09, Newport- set for the public hearing to consider Planning Action PA -96-09, Mesa Unified School City of Costa Mesa, authorized agent for Newport -Mesa Unified District/Costa Mesa School District, to establish a Master Plan for the former Costa High School Farm- Mesa High School farmland, to provide two lighted soccer fields, land; and Amendment three lighted basketball courts, additional parking area, and to to Site Specific relocate the existing school football field and track and field Agreement No. 1 facilities, located at 2650 Fairview Road in an I & R zone. Environmental Determination: Negative Declaration. W. Amendment to Site Specific Agreement No. 1 between Newport - Mesa Unified School District, the 32nd District Agricultural Association, and the City, to develop athletic fields on the agricultural property at Costa Mesa High School. The Affidavit of Publication is on file in the City Clerk's office. A proposal was received from A. G. Kawamura, President of the Orange County Harvest, 17200 Jamboree Road, Irvine, regarding use of the four -acre buffer zone and infrastructure. EM MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Continued to Hornbuckle, and carried 5-0, these items were continued to the March 4, 1996 1 meeting of March 4, 1996. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Fire Station No. 1, ; set for the public , hearing to consider a resolution finding an Royal Palm, ADA exemption from the ADA Guidelines and California Disabled Access Exemptions Regulations for Fire Station No. 1 main entrance at 2803 Royal Palm Drive, Costa Mesa; and City Attorney's Report No. 96-7. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The City Attorney reviewed his report dated January 17, 1996. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Adopted Resolution Monahan, and carried 5-0, Resolution 96-8, A RESOLUTION OF 96-8 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AN EXEMPTION FROM THE ADA GUIDELINES AND. CALIFORNIA DISABLED ACCESS REGULATIONS FOR FIRE STATION NO. 1 MAIN ENTRANCE AT 2803 ROYAL PALM DRIVE, COSTA MESA, was adopted. PUBLIC HEARING j The Deputy City Clerk announced that this was the time and place State Regulated set for the public hearing to consider an ordinance repealing Section Care Facilities 13-126, adding Sections 13-111 and 13-133, and amending Sections and Work Furlough 13-40, 13-136, and 13-148, of the Costa Mesa Municipal Code Facilities I regarding state regulated care facilities and work furlough facilities in residential zoning districts. ' Environmental Determination; Exempt. The Affidavit of Publication is on file in the City Clerk's office. A communication was received from Jimmy Kawato, 1547A i Wintergreen Place, Costa Mesa, submitting his arguments to the proposed ordinance. The Deputy City Manager/Development Manager summarized the Agenda Report dated January 26, 1996. Council Member Genis pointed out that several definitions in the proposed ordinance are very similar, for example, those for Intermediate Care Facility/Developmentally Disabled Habilitative and Intermediate Care Facility/Developmentally Disabled -Nursing, and asked that they be clarified. The Associate Planner responded to her question regarding substantive changes in the ordinance. Mayor Erickson stated for the record that he and the City Attorney discussed the communication from Mr. Kawato dated January 29, 1996. The City Attorney, in response to allegations in that letter, stated that he could not locate a State statute which indicated that residential care facilities for the elderly, accommodating seven or more persons, are commercial; Health and Safety Code Section 1569.85 mandates that the City not discriminate against this type of facility and that they be treated as residential uses, which negates Mr. Kawato's theory that these are commercial facilities and are treated differently by the City; and determined that the conditional use permit is the only viable method of control. There being no speakers, the Mayor closed the 'public hearing. MOTION ! On motion by Council Member Hornbuckle, seconded by Council Ordinance 96-3 Member Monahan, and carried 5-0, Ordinance 96-3, AN Given First Reading j ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING SECTION 13-126, ADDING SECTIONS 13-111 AND 13-133, AND AMENDING SECTIONS 13-40, 13-136, AND 13-148, OF THE COSTA MESA MUNICIPAL CODE REGARDING STATE REGULATED CARE L FACILITIES AND WORK FURLOUGH FACILITIES IN RESIDENTIAL ZONING DISTRICTS, was given first reading and ADJOURNED TO passed to second reading. SPECIAL REDEVELOPMENT At 7:40 p.m., Mayor Erickson adjourned the regular City Council AGENCY MEETING meeting to a special. Redevelopment Agency meeting. ROLL CALL Agency Members Present: Chairperson Mary Hornbuckle Vice chairperson Sandra Genis Agency Member Peter Buffa Agency Member Joe Erickson Agency Member Gary Monahan Officials Present: Executive Director Allan Roeder NEW BUSINESS The Mortgage Credit Certificate Program was presented: Mortgage Credit Certificate Program Resolution adopting a Mortgage Credit Certificate Program in cooperation with the County of Orange, authorizing an application by the County on behalf of the Agency to the California Debt Limit Allocation Committee for an allocation of authority to issue mortgage credit certificates and the transfer of such allocation to the County of Orange. Cooperative agreement with the County of Orange for participation in the County of Orange Mortgage Credit Certificate Program. Amendment to 1995-1996 Redevelopment Agency low and moderate income housing budget, allocating $15,000.00 for all County administrative fees and any necessary contract staff fees. Temporary allocation of $30,000.00, representing one percent (1 %) of requested Mortgage Credit Certificate funds. The Management Analyst reviewed the Agenda Report dated February 5, 1995. MOTION On motion by Agency Member Erickson, seconded by Agency Resolution 199-96 Member Monahan, and carried 5-0, the following action was taken: Adopted; Approved Agreement, Housing Resolution 199-96, A RESOLUTION OF THE CITY OF COSTA Budget Amendment, MESA REDEVELOPMENT AGENCY ADOPTING A and Temporary MORTGAGE CREDIT CERTIFICATE PROGRAM IN Allocation COOPERATION WITH THE COUNTY OF ORANGE, AUTHORIZING AN APPLICATION BY THE COUNTY ON BEHALF OF THE AGENCY TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE FOR AN ALLOCATION OF AUTHORITY TO ISSUE MORTGAGE CREDIT CERTIFICATES AND THE TRANSFER OF SUCH ALLOCATION TO THE COUNTY OF ORANGE, was adopted; The cooperative agreement with the County of Orange was approved, and Chairperson Hornbuckle was authorized to sign on behalf of the Agency; Amendment to 1995-1996 low and moderate income housing budget was approved; and The temporary allocation was approved. 110 COUNCIL MEET- At 7:50 p.m., Chairperson Hornbuckle adjourned the Special ING RECONVENED Redevelopment Agency meeting, and reconvened the regular City Council meeting. OLD BUSINESS The Deputy City Clerk presented from the meeting of January 15, East 19th Street 11996, East 19th Street and the use of speed humps for traffic control and East Side Speed on the east side: Humps Install -traffic control devices, including advisory signage and speed humps at each end of East 19th Street and other selected east side area streets. Install freeway guide signs directing motorists to utilize Westcliff Drive/17th Street and Irvine Avenue to access the SR -55 and SR - 73 freeways. Further exploration of various traffic control methods that may be effective in addressing concerns for excessive speeds in residential area. The Transportation Services Manager reviewed the Agenda Report 1dated January 29, 1996, and responded to questions from Council. !During his presentation, he stated that the City of Newport Beach is !agreeable to working with Costa Mesa on directional signs to the ;freeway. Mayor Erickson stated for the record that Albert Eichler, ;406 East 19th Street, Costa Mesa, who was not in attendance, had ;requested that the City again look at the ordinance regarding .commercial trucks weighing over 3,000 pounds on residential streets. ,Bill Halle, 480 East 18th Street, Costa Mesa, described the high - ,speed and dangerous manner in which many drivers exit Irvine Avenue onto East 18th Street, and objected to the possible "bandaid effect" of the proposed actions, meaning that it will not solve the ;problem but will divert the focus. Jan Vandersloot, 2221 East 16th Street, Newport Beach, reported that speed humps installed on East 16th Street approximately one year ago work very well in lowering speeds to 25 miles per hour and decreasing the volume of traffic by 40 percent. He supported the proposed speed humps, and stated that because of the grid pattern, traffic should be diverted to the major arterial highways. 'Nancy Nunan, 353 Broadway, Costa Mesa, did not feel believe that speed humps would solve the problem. Jeff McConville, 466 East 19th Street, Costa Mesa, asked why 22nd Street would not receive speed humps. The Transportation Manager responded that 22nd Street is a designated secondary street on the City's Master Plan of Highways; therefore, speed humps cannot be installed. Peter Campbell, 215 East 19th Street, Costa Mesa, offered suggestions on how to alleviate the traffic problems in this area. Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, President of the East Side Homeowners Association, supported changing the east side traffic pattern to encourage use of business streets. She proposed, improving 17th Street, including widening the street to facilitate the movement of traffic past the businesses. Council Member Hornbuckle submitted that sign Design No. 5, as shown on Page 5 of the Agenda Report, was preferable: "Slow Down", next line "Residential Area", next line "Children". Motion to Proceed A motion was made by Council Member Hornbuckle directing staff With Speed Humps to install the 14 speed humps as shown on the Agenda Report and Signs Died Primary List; to proceed with. the signage in coordination with those speed humps, at the same locations using the wording as previously stated; directing staff to further explore traffic control measures including the possibility of prohibiting commercial trucks over three tons from traversing the residential neighborhood; and directing staff to investigate the possibility of installing a stop sign at Westminster Avenue and 19th Street. The motion died for lack of a second. Mayor Pro Tem Buffa opposed the motion because of the possible delay in emergency vehicle response time due to the installation of speed humps at the ends of the north/south streets. MOTION Mayor Pro Tem Buffa made the same motion as that made by Deleted Speed Council Member Hornbuckle, deleting installation of speed humps Humps; Authorized at this time, suggesting that they be addressed in conjunction with Sign Installation the investigation of various traffic control methods; directing staff to coordinate with the City of Newport Beach to review the timing of traffic signals on 17th and 19th Streets at Dover and Westcliff Drives to guide traffic onto 17th Street instead of 19th Street; designating the installation of sign No. 5, reading "Slow Down - You are Entering a Residential Neighborhood"; and adding to the 1996-97 Council goals, "further exploration of various traffic control methods that may be effective in addressing concerns for excessive speeds in residential areas". The motion was seconded by Council Member Hornbuckle, and carried 5-0. Council Member Hornbuckle agreed to adding the exploration of traffic control methods to the Council's goals only if it did not delay the process. Council Member Genis asked staff to consider the use of the ; Woenerf configuration, or "teardrops", during the investigation of alternate strategies. OLD BUSINESS' The Deputy City Clerk presented the amended Fairview Park Fairview Park RFP Request for .Proposal (RFP). The Community Services Director summarized the Agenda Report dated January 29, 1996. David Prather, 1202 Las Arenas, Costa Mesa, expressed his concerns about the animal community in Fairview Park, specifically amphibians. He read three quotes from a 1995 reptile magazine regarding the decline in the range and number of the Western toad. Mr. Prather stated that there are many volunteer groups willing to hand -restore the area with native plants, install walkways, and, if Council wishes, build a nature center. He asked that the Native American community be included in this process. Robert' Graham, 3260 Dakota Avenue, Costa Mesa, opposed the installation of ball fields at Fairview" Park in the area that the railroad now occupies, and proposed using the name "Costa Mesa Junction" in lieu of "Goat Hill". Jan Vandersloot, 2221 East 16th Street, Newport Beach, emphasized the environmental sensitivity of vernal pools. He reported that the pools are the largest in Orange County, one of the largest in Southern California, and are a unique resource which needs to be preserved. He endorsed establishing youth facilities on the east side of the park. 112 !Judith Gielow, 469 East 18th Street, Costa Mesa, member of the !Fairview Park Committee, speaking on her own behalf, supported the amended RFP as outlined in the Committee's letter dated January l23, 1996, Attachment B to the Agenda Report. Janet Remington, 1164 Boise Way, Costa Mesa, expressed her opinion that a nature -oriented park should not be impacted by noise ;from ball games. MOTION jA motion was made by Council Member Hornbuckle, seconded by Approved Amended Council Member Genis, to approve the amended RFP, to incorporate RFP the following Fairview Park Committee wording for Item D, ;Paragraph 3, and to direct staff to send the RFP to qualified landscape architectural firms: "This element, however, shall include one alternative which reviews the opportunity for 'active' recreation in that area immediately adjacent to Estancia High School/Parsons Elementary School, and/or the park area easterly of Placentia Avenue, potentially in conjunction with field reconfiguration on the school sites under the Joint Use Agreement with the Newport -Mesa School District. For this alternative; the extent of 'active' recreational uses shall be approximately one (1) soccer field and two (2) youth baseball/softball fields. Proposed placement of 'active' recreational uses shall not conflict with any vernal pool or other environmentally or culturally significant resource: " Council Member Monahan opposed the motion because he did not support limiting the potential number of ball fields in Fairview Park, and suggested changing the current wording or eliminating restric- tions. He further added that his intent is to obtain various designs of Fairview Park which may indicate space for additional ball fields without disturbing the environmental regions and the model train area. Council Member Hornbuckle shared her concern regarding the park area east of Placentia Avenue, and felt that a boundary should be placed on active recreational use.. Mayor Erickson supported the motion and hoped that creative planning will be used relating to the City's Joint Use Agreement with the Newport -Mesa Unified School District concerning the Estancia High School/Parsons School site. After discussion, Council Member Hornbuckle suggested amending the motion by substituting the following as the last sentence of Item D, Paragraph 3, "For this alternative, the extent of active recreational uses shall be the maximum number of fields possible without impacting other uses, including the vernal pools." Council Member Genis declined to second the proposed change explaining that the wording could open the door to constructing fields in all areas except where the vernal pools and artifacts are located. ' The motion carried 471, Council Member Monahan voting no. RECESS The Mayor declared a recess at 8:45 p.m., and reconvened the meeting at 8:55 p.m: NEW BUSINESS j The Deputy City Clerk presented a request from the Federal Request from FAA Aviation Administration (FAA) to waive fees for use of the Adams for NCC Fee Waiver Room at the Neighborhood Community Center (NCC) on April 25, June 11, September 26, and November 12, 1996, from 6:30 p.m. to 113 10:00 p.m., to conduct aviation safety seminars. A communication was received from James F. Ure, 1164 Salvador Street, Costa Mesa, urging Council to approve the request. The Community Services Director reviewed the Agenda Report dated January 8, 1996. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Waiver Approved Member Hornbuckle and carried 5-0, waiving the fee based on the community safety impact, limiting the waiver to one meeting per quarter (applicable to any government agency), directing staff to create an appropriate change which incorporates the concept of approving a waiver of fees at Council's discretion for other "government agencies", using the standard definition of that term from the Local Agency Formation Commission (LAFCO), with the proviso that all meetings be open to the public. NEW BUSINESS The Deputy City Clerk presented a resolution establishing and Parking Violation adopting schedules:o,'f,rates for parking violations issued by the City. Rates The Budget and Research Officer summarized the Agenda Report dated January 23, 1996. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Adopted Resolution Monahan, and carried 5-0, Resolution 96-9, A RESOLUTION OF 96-9 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ESTABLISHING AND ADOPTING SCHEDULES OF RATES FOR PARKING VIOLATIONS ISSUED BY THE CITY OF COSTA MESA, was adopted. NEW BUSINESS The Deputy City Clerk presented Route 73 and Interstate 405 Route 73/Inter- improvements/initial study/environmental assessment. The Public state 405 Improve- Services Director reviewed the Agenda Report dated February 1,. ments 1996, pointing out that the public comment period ends on February 13, 1996, and input directed to the City will be forwarded to the State of California Department of Transportation (CALTRANS). Robert Graham, 3260 Dakota Avenue, Costa Mesa, hoped the City would ensure that the railroad underpass under the I-405 freeway will accommodate a bicycle trail in the future, and felt that the new freeway on-ramp will increase southbound Harbor Boulevard traffic which will be dangerous to bicyclists. The Transportation Manager explained that the bicycle trail under the I-405 freeway is currently on the City's Master Plan of Bikeways, and consideration is being given to bicycle lanes on Hyland Avenue and South Coast Drive. Janet Remington, 1164 Boise` Lane, Costa Mesa, questioned the traffic studies for this project, and felt that new ones should be conducted. She commented that the proposed improvements end at Euclid Street which will severely impact Costa Mesa. Mayor Pro Tem Buffa confirmed that the Monday, February 12, 1996, Study Session will address Newport Coast Drive, the Growth Management Area action, the alternate alignment, and the City's relationship with the City of Irvine. Alan Remington, 1164 Boise Way, Costa Mesa, added that side streets will be jammed with automobiles attempting to avoid the bottleneck at Euclid Street which will cause a major impact on Fairview Road, Harbor Boulevard, Sunflower and Adams Avenues, and South Coast Drive. Mr. Remington asked that the bridges be deleted from the City's Master Plan of Highways to ensure that the bridge at Gisler Avenue will not be constructed. 114 Heather Somers, 427 East 17th Street, Suite 307, Costa Mesa, suggested that the City ask the County to prepare an environmental impact report which addresses the effects of the additional traffic on Costa Mesa streets. She also endorsed removal of the bridges from the Master Plan of Highways, as well as from the County Master Plan of Arterial Highways. Jeff McConville, 466 East 19th Street, Costa Mesa, supported the request for an environmental impact report and removal of the bridges from the City and County plans. The Transportation Manager reported that this project provides for improvements to cope with increased traffic which will be caused by the toll road and normal growth; the 73 Freeway must be upgraded to maintain a satisfactory level -of -service, even without installation of the toll road; and a delay of this project would jeopardize the City's traffic situation on the I-405 freeway and the funding sources committed to improvements. Council Member Genis made the following comments: CALTRANS should respond to all comments made by members of the public regarding this subject; an alternate solution to installing the Gisler Avenue/Garfield Avenue bridge should be provided; residents must be protected from noise pollution; and an alternative to the "take it or leave it" approach should be provided. Al Fisher, Chief of the Environmental Planning Branch, CALTRANS, District 12, remarked that responses will be made to all comments, whether from cities, individual citizens, the state, etc., and will be included in the environmental document. He stated that the document which is now circulating contains the tentative opinion that there are no significant impacts; and upon review and response to comments received, a decision will be made as to whether a negative declaration would be the appropriate document. Mayor Pro Tem Buffa reported that the CALTRANS I-405 and j Route 55 improvements are a large project which will take years to complete, and the upgrade will not stop at Euclid Street. He endorsed the improvements as potentially alleviating a severe impact on the City's streets. He did not believe that the Gisler Avenue j bridge over the Santa Ana River would be constructed. MOTION ! A motion was made by Mayor Pro Tem Buffa, seconded by Council Acknowledged ! Member Monahan, and carried 5-0, to acknowledge that input had Receipt of Input been received for inclusion in the City's response to CALTRANS. NEW BUSINESS The Deputy City Clerk presented an agreement with the Orange Gisler Avenue County Flood Control District for the Gisler Avenue Bicycle Bridge. Bicycle Bridge The Transportation Manager reviewed the Agenda Report dated January 26, 1996. MOTION Authorized Use of AB 2766 Funds; Approved Agreement Robert Graham, 3260 Dakota Avenue, Costa Mesa, reported on the bicycle trail landscaping along the Santa Ana River near Victoria Street, and commented on the ultimate beauty when completed. He felt that the proposed bridge will be a tremendous asset to the City, On motion by Council Member Genis, seconded by Mayor Pro Tem Buffa, and carried 5-0, the use of Assembly Bill 2766 funds for bridge construction was authorized, the agreement was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. ■ NEW BUSINESS The Deputy City Clerk presented findings for the Broadway/ Broadway/Fullerton Fullerton Avenue intersection traffic safety. Communications were Avenue Intersection received from the following area residents requesting a four-way Traffic Safety stop at the intersection: Terry family, no address given; Mary Morris, 173 Broadway; Cal Kloeckner, 167 Broadway; Kim Kloeckner, 167 Broadway; Susanne E. Davis, 126-A Broadway; Mark H. Schrader, 130 Broadway; resident at 132-E Broadway; Ann Waterman, 135-C Broadway; and Brad Humphreys, 423 Broadway. The Transportation Manager summarized the Agenda Report dated January 25, 1996. Council Member Monahan enumerated relevant issues: install a stop sign to slow traffic and prevent accidents; extend the bicycle lane towards the alley; remove the 40 feet of red curb on the southwest corner to allow parking in front of businesses; and return the tapered dual turn lane to its original configuration. Council Member Genis suggested that these additional items receive full staff review before consideration by Council. Duvall Hecht, 132 Broadway, Costa Mesa, objected to the installation of the "wishbone", or tapered dual turn lane, on Broadway since it narrows the street and has imposed a dangerous situation for those who park at the curb. He felt that the bicycle lane was adequate but could be extended another one-half block. Mr. Hecht supported the installation of a stop sign at Broadway and Fullerton Avenue to control traffic. MOTION A motion was made by Council Member Monahan, seconded by Authorized Stop Signs Council Member Hornbuckle, and carried 5-0, directing staff to and Removal of Red install stop signs on eastbound and westbound Broadway at the Curb intersection with Fullerton Avenue, and to remove the red curb on the southwest corner to allow one more parking space. Motion to Convert A motion was made by Council Member Monahan to convert the Dual -Turn Lane Died tapered dual -turn lane to a centerline divider, and to extend the bike lane to the alleyway. The motion died for lack of a second. MOTION/Staff to A motion was made by Council Member Monahan, seconded by Investigate Turn Lane Council Member Hornbuckle, and carried 5-0, directing staff to and Bike Path investigate the conversion of the above-mentioned dual -turn lane and extension of the bike lane. NEW BUSINESS The Deputy City Clerk presented Senate Bill 1411, allowing for an Senate Bill 1411, off-site sign display to be placed adjacent to a landscaped freeway Off -Site Sign Display at the request of the City. A. communication was received from Don Partch, General Manager of Nabers Cadillac, 2600 Harbor Boulevard, Costa Mesa, supporting Senate Bill. The Assistant to the City Manager summarized the Agenda Report dated January 31, 1996. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Authorized Support Member Monahan, and carried 471,, Council Member Hornbuckle for Senate Bill voting no, to support Senate Bill 1411, and to authorize the Mayor to relay this information in writing to the author of the bill. Council Member Hornbuckle opposed the motion because she found that type of sign to be inappropriate. Mayor Erickson thought that this is a matter of local control. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request for Government Code Section 54956.9(a) to discuss Cassandra Randall, Closed Session: et al. v. City of Costa Mesa, Orange County Superior Court Case Randall v. City No. 74-00-00. 116 Motion to Reject Statutory Demand Withdrawn CITY MANAGER'S REPORT/Redevelop- ment and Housing Analyst Classification Motion to Adopt Resolution Estab- lishing New Class- ification Died MOTION Retained Management Analyst Classification i !A motion was made by Mayor Pro Tem Buffa, seconded by Council Member Hornbuckle, to reject plaintiff's statutory demand to !compromise as outlined in the Assistant City Attorney's confidential ,memorandum dated February 1, 1996. After discussion, the motion was withdrawn. Mayor Erickson announced that closed session 4would be held at the conclusion of regular business. The Assistant to the City Manager presented a resolution amending Resolution No. 95-72 by establishing the new classification of ;Redevelopment and Housing Analyst for job classifications ;represented by the Costa Mesa City Employees Association. The jPersonnel Services Director summarized the Agenda Report dated ;January 26, 1996, reporting that the Personnel Department, in conjunction with Redevelopment, had attempted to ascertain the comparable salary for this position in the private sector but found no direct comparison to this classification. He stated that the Analyst will be required to have a broad grasp of all of the Redevelopment and Housing elements, and the classification is being differentiated because of the supervisory responsibilities. i A motion was made by Council Member Hornbuckle to adopt the !resolution amending ' Resolution 95-72 by establishing the new classification of Redevelopment and Housing Analyst for job classifications represented by the Costa Mesa City Employees Association. The motion died for lack of a second. Council Member Hornbuckle believed that the incumbent in this position has specialized knowledge and skills which are required for Redevelopment activities, as well as Community Development Block Grant (CDBG) and HOME activities. Mayor Erickson acknowledged that the individual is capable but balked at the amount of money involved. Council Member Genis stated that persons fill this position in other cities, such as Associate Planners and certain managers, and felt that the increase is above the average. On motion by Council Member Monahan, seconded by Mayor Pro Tem Buffa, and carried 4-1, Council Member Hornbuckle voting no, declining adoption of the resolution and retain the Management Analyst classification. Council Member Monahan objected to the position because it is becoming more expensive to use CDBG, HOME, and Redevelopment funds. CITY MANAGER'S The Personnel Services Director presented a resolution amending REPORT/New Resolution No. 95-24 by establishing the new classification of Classification of Investigator for classifications and employees placed outside the Investigator basic pay schedule. He summarized the Agenda Report dated January 29, 1996, commenting that the purpose is to enable retiring personnel to complete ongoing projects. ! MOTION On motion by Council Member Genis, seconded by Council Member Adopted Resolution Monahan, and carried 5-0, Resolution 96-10, A RESOLUTION OF 96-10 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION 95-24 BY ESTABLISHING THE NEW CLASSIFICATION OF INVESTIGATOR FOR CLASSIFICATIONS AND EMPLOYEES PLACED OUTSIDE THE BASIC PAY SCHEDULE, was adopted. 1 COUNCIL Council Member Monahan announced that he would meet with the COMMENTS/Specific Newport Boulevard Study Committee on February 6, 1996, to Plan for Newport finalize the draft Specific Plan to receive public input. Banner Usage Council Member Genis reported that there are many new businesses in the City using banners instead of permanent signs. She acknowledged that, this is permitted in accordance with the sign ordinance but suggested that the situation be investigated. ADJOURNMENT TO At 10:25 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in first floor Conference Room C, to discuss the items previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 10:35 p.m., and the action RECONVENED taken during closed session was announced. MOTION In'Cassandra Randall, et al. v. City of Costa Mesa, Orange County Rejected Statutory Superior Court Case No. 74-00-00, by a vote of 5-0, Council Demand in Randall v. rejected the plaintiff s statutory demand to compromise as City recommended in the Assistant City Attorney's memorandum dated February 1, 1996. ADJOURNMENT The Mayor declared the meeting adjourned at 10:40 p.m. r Ma of the City of Costa Mesa ATTEST: 21Z�2�-17 Deputy City C16k of the City of Costa Mesa 117