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HomeMy WebLinkAbout05/06/1985 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MAY 6, 1985 The City Council of,the City of Costa Mesa, California, met in regular session May 6, 1985, 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 Boy Scout Troop 339, and Invocation by the Reverend Rob Wilson, South (bast Christian Church. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Council Member Schafer, seconded by Vice April 15 and Mayor Hornbuckle, and carried 5-0, the minutes of the 16, 1985 adjourned and regular meetings of April 15, 1985, and the adjourned meeting of April 16, 1985, were approved as distributed and posted. ORDINANCES A motion was made by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. ORAL Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, repre- COMMUNICATIONS senting the Mesa West Homeowners Association, announced that the association has scheduled a forum for May 14, 19th Street 1985, at 7:00 p.m., at the Neighborhood Community Improvements Center, 1845 Park Avenue. The purpose of the forum is to discuss future improvements on 19th Street, such as, the extension of that street, construction of the 19th Street bridge across the Santa Ana River, and the pro- posed marina. Mr. Pizarek also mentioned that there will be representatives present frau the City, the County of Orange, the Coastal Cammission, and the Open Space Environmental Association. CONSENT CALENIIAR Item 12(a), Acceptance of 95 percent of the work per- fonued on the 17th Street Signal System by Four Simon, Incorporated, was removed from the Agenda. Item 16(c), Removal of traffic signal at Wilson Street and Pomona Avenue, and installation of a stop sign for northbound traffic on Parona Avenue, was removed from the Consent Calendar. On motion by Council Member Schafer, seconded by Council Member Wheeler, the remaining Consent Calendar items were approved in one motion by - the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, 'Schafer, Halal, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, a communication frau Opposing Bus Route the resident at 201 Lillian Place, Costa Mesa, opposing on Orange Avenue the bus route on Orange Avenue, was referred to the Orange County Transit District. F_� READING FOLDER On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the following fading Folder items were received and processed: Claims Claims received by the City Clerk: Irene E. Anderson; James A. Bailey; Attorney Stuart P. Jasper on behalf of Gundar E..Viesturs, Lori England, and Bradford Wallis; Farmers Insurance Group/Jackie Conley; Attorney Robert Ezra on behalf of Edna Harris; Attorney C. R. "Bud" Marsh on behalf of Timothy B. Kuck, a minor, by and through his Guardian Ad Litem, Robert Kuck; Attorney John S. Parise on behalf of Karen Lougi; Pacific Bell; Fidel byes; and Applica- tion for,Leave to Present a Late Claim from Attorney Robert J. Findley on behalf of Beatrice Lorene Sinsel. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Daniel J. and Rita M. Garofalo, -doing business as Garf's }Lastaurant and Lounge, 1550 Superior Avenue, Section D; and Forty Carrots, Incorporated, doing business at 3333 Bristol Street, Suite 185. Public Notice frau the Public Utilities Commission regarding Utilities Application No. 83-12-53 frcm Southern California Commission Edison Company, for authority to increase rags for electric service. Local Agency Notices received from the Local Agency Formation Formation Commission: Commission Notice that the.Cammission will make a determination concerning proposed Engineer's No. 212 Annexation to the Costa Mesa Sanitary District, located in the general area of Newport Boulevard and Vanguard Way. Notice of public hearing concerning proposed City of Santa Ana detachment from the Municipal Water District of Orange County. SET FOR PUBLIC On motion by Council Member Schafer, seconded by Council HEARING Member Wheeler, and carried 5-0, the following items were set for public hearing on May 20, 1985, at 6:30 p.m., in the Council Chambers of City Hall: R-85-06 Razone Petition R-85-06, Alan J. Gussin, authorized Gussin/Criclamay agent for C. James Crickmay, 781 Wast 18th Street, Costa Mesa, and Nora Carter, 785 Wast 18th Street, Costa Mesa, for permission to change the zoningat the above addresses frau R2 to R3. Envirormental Determination: Negative Declaration. SP-79-01A/R--85-07 Specific Plan SP -7.9-01A and Razone Petition R-85-07, Chung/Grant Nelson P. H. Chung, authorized agent for Gene Grant, 2608 South Harbor Boulevard, Santa Ana, for an amend- ment to the specific plan and a rezone from R2 to R3 for property located at 2025 Wallace Avenue. Environ- mental Determination: Negative Declaration. R-85-08 Rezone Petition R-85-08, Rob Patterson, authorized Patterson/ agent for Professional Pacific Investments, Incorpor- Professional ated, 1520 Nutmeg Place, Suite 101, Costa Mesa, for Pacific permission to rezone a vacant lot west of 2039 Wallace Avenue from R2 to R3. Environmental Determination: Negative Declaration. REJECTED CLAIMS On motion by Council Member Schafer, seconded by Council Aoun Member Wheeler, and carried 5-0, the claim frau Elias Aoun was rejected. 212. Colleton On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Ronald Colleton was rejected. Gockley/Lukas On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Karen Gockley and Robert Lukas was rejected. Stag Farm/ On motion by Council Member Schafer, seconded by Council Kasubuchi Member Wheeler, and carried 5-0, the claim from State Farm Mutual Auto Insurance/Alan Kasubuchi was rejected. Gavin On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Bonita Gavin was rejected. Cooney On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Roderick S. Cooney, Jr. was rejected. Reynolds On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Richard M. Reynolds was rejected. Progressive On motion by Council Member Schafer, seconded by Council Specialty/Osban Member Wheeler, and carried 5-0, the claim from Progres- sive Specialty Insurance Company/Jonathan Osban was rejected. ADMINISTRATIVE ACTIONS Bids received for 1984-85 Street Maintenance, Phase III, Reconstruction of Colorado Lane, Colorado Place, 1984-85 Street Michigan Avenue, and Dakota Avenue, are on file in the Maintenance, Clerk's office. On motion by Council Member Schafer, Phase III seconded by Council Member Wheeler, the contract was awarded to R. J. Noble Campany, 15505 East Lincoln Ave - MOTION nue, Orange, for $257,988.00. The motion carried by the Awarded to following roll call -vote: R. J. Noble AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1984-85 Street Bids received for 1984-85 Street Maintenance, Various Maintenance/Mesa Streets in the Mesa Verde Area, are on file in the Verde Area Clerk's office. On motion by Council Member Schafer, seconded by Council Member Wheeler, the contract was MOTION awarded to Blair Paving, Incorporated, 4055 East La Awarded to Palma Avenue, Anaheim, for $235,113.70. The motion Blair Paving carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements Bids received for Improvements at Rea Corununity Center at Rea Center are on file in the Clerk's office. On motion by Council Member Schafer, seconded by Council Member Wheeler, MOTION the contract was awarded to HJH Western Contractors, Awarded to Incorporated, 14450 Hoover Street, Westminster, for HJH Western $80,875.30. The motion carried by the following roll Contractors call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/ The Director of Public Services has recanmended approval Basmaciyan-Darnell of an agreement with Basmaciyan-Darnell, Incorporated, 4262 Campus Drive, Suite B-1, Newport Beach, for 0 Study for Bicycle $5,092.00, for a study to examine alternatives for an Trail in.Vi. ity off-street bicycle trail between Fairview Road and of TeWinkle Park Newport Boulevard in the vicinity of TeWinkle Park and Costa Mesa High School. On motion by Council Member MOTION Schafer, seconded by Council Member Wheeler, the Agreement agreement was approved, and the Mayor and Clerk wire Approved authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/County The Director of Public Services has recarmended approval of Orange of an agreement with the County of Orange for County financial participation in the 19th Street widening, AHFP Project/19th Park Avenue to Fullerton Avenue, in conjunction with the Street Widening Arterial Highway Financing Program (AHFP). The total cost of the project is $1,371,553.80 and the County will MOTION contribute $523,000.00. On motion by Council Member Agreement Schafer, seconded by Council Member Wheeler, the agree - Approved ment was approved, and the Mayor and Clerk were author- ized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/County The Director of Public Services has recommended approval of Orange of an agreement with the County of Orange and the Orange County Harbors, Beaches and Parks District, for a joint Bicycle Bridge project with the County and the City of Huntington Beach Across Santa Ana to construct a bicycle bridge across the Santa Ana River River south of Adams Avenue. The cost to the City will be $22,013.00 and these funds are currently being held in trust by the County Auditor out of the Stag Senate Bill 621 Bike Trail Fund. The County will act as lead agency for this $373,000.00 project, and the City of Huntington Beach will also contribute one year's share of SB.621 MOTION funds. On motion by Council Member Schafer, seconded by Agreement Council Member Wheeler, the agreement was approved, and Approved the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order The Director of Public Services has requested approval Nos. 9, 10, 11, of the following change orders in connection with con - 12, and 13 struction of Assessment District No. 82-2, South Coast Clarke Contracting Metro Center, by Clarke Contracting Corporation, 1218 South Alameda Street, Canpton: Assessment District No. 82-2, South No. 9 - $7,879.51; No. 10 - $1,749.67; 11 - $3,930.44; Coast Metro.Center No. 12 - $1,268.98; and No. 13 - $17,556.00; Total $29,846.64. The change orders are for additional work required because of minor plan revisions and increased scope of work. MOTION On motion by Council Member Schafer, seconded by Council Change Orders Member Wheeler, the change orders were approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 2j'a Notice of Completion The 1983-84 Street Maintenance Program, Phase II 1983-84 Street Reconstruction of Kornat Drive, Lemnos Drive, Chios Maintenance, Phase Road, and Europa Drive, has been completed to the satis- II/ Sully -Miller faction of the Director of Public Services by Sully" Miller Contracting Company, 6145 Santiago Canyon load, MOTION Orange. On motion by Council Member Schafer, seconded Work Accepted by Council Member Wheeler, the work was accepted; the Clerk was authorized to file a Notice of Completion; authorization was given to release the retention funds 35 days after filing the Notice of Completion; the Labor and Material Bond was ordered exonerated seven months after filing the Notice of Completion; and the Perfomu- ance Bond was ordered exonerated one year after filing the Notice of Completion. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Bid Item 653, Demolition of Structures at 282 and 286 Bid Item 653 - Del Mar Avenue, has been completed to the satisfaction Demolition of of the Director of Public Services by William L. Olson, Structures/Olson Incorporated, Lost Office Box 3786, Granada Hills. On motion by Council Member Schafer, seconded by Council MOTION Member Wheeler, the work was accepted; the Clerk was Work Accepted authorized to file a Notice of Completion; authorization was given to release the retention funds and to exoner- ate the Perfonmance Bond 35 days after filing the Notice of Completion; and the Labor and Material Bond was ordered exonerated seven months after filing the Notice of Completion. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements in The improvements in Tract No. 11499, 1142 Buckingham Tract No. 11499/ Drive, have been completed to the satisfaction of the McLain Development Director of Public Services by McLain Development Com- pany, 4 Corporate Plaza, Suite 101, Newport Beach. On MOTION motion by Council Member Schafer, seconded by Council Work Accepted Member Wheeler, the work was accepted and the bonds were ordered exonerated. The motion carried by the following roll call ,vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements in The improvements in Tract No. 12011, Sunflower Avenue Tract No. 12011/ and Smalley Read, have been completed to the satisfac- Standard-Pacific tion of the Director of Public Services by Standard - Pacific Corporation, 1565 West MacArthur Boulevard, MOTION Costa Mesa. On motion by Council Member Schafer, Work Accepted seconded by.Council Member Wheeler, the work was accepted and the bonds were ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements in The improvements in Tract No. 12070, 2165 Canyon Drive, Tract No. 12070/ have been completed to the satisfaction of the Director Webber -Pacific of Public Services by Alan Webber -Pacific Building Con - Building cepts, 221 Indianapolis Avenue, Huntington Preach. On motion by Council Member Schafer, seconded by Council 1 MOTION Member Wheeler, the work was accepted and the bonds were Work Accepted ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: `COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Commission has recommended that parking be Parking on [nest prohibited on West 18th Street from the western City 18th Street boundary to Whittier Avenue for street sweeping. On motion by Council Member Schafer, seconded by Council MOTION Member Wheeler, Resolution 85-34, being A RESOLUTION OF Resolution 85-34 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted PROHIBITING PARKING ON WEDNESDAYS BETWEEN 4:00 A.M. AND 6:00 A.M. ON A PORTION OF WEST 18TH STREET FOR THE PUR- POSE OF STREET SWEEPING, was adopted by the following roll call Vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Commission has recommended that parking be Parking on prohibited on Ludington Avenue from Paularino Avenue to Ludington Avenue Traverse Drive for street sweeping. On motion by Coun- cil Member Schafer, seconded by Council Member Wheeler, MOTION Resolution 85-35, being A RESOLUTION OF THE CITY COUNCIL Re solution 85-35 OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARK - Adopted ING ON TUESDAYS BETWEEN 6:00 A.M. AND 8:00 A.M. ON A PORTION OF LUDINGTON AVENUE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Accounts Receivable The Revenue Supervisor has recommended that the unpaid Write-offs invoices attached to his memorandum of April 8, 1985, be written off as bad debts. The total amount is $7,576.06 and represents 1.443 percent of the total dollar amount MOTION billed during the fiscal year. On motion by Council Write-offs Member Schafer, seconded by Council Member Wheeler, Approved approval was given to write off the listed invoices as bad debts., The motion carried by the following roll call vote: AYES: COUNCIL ME24BERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Stale -dated The Revenue Supervisor has recommended that the four Checks checks listed in his memorandum of April 8, 1985, be canceled. The checks, totaling $59.05, were issued MOTION over one year ago. On motion by Council Member Schafer, Checks seconded by Council Member Wheeler, authorization was Canceled given to cancel the checks by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Removal of Traffic Item 16(c) on the Consent Calendar was presented: A Signal at Wilson/ recommendation from the Traffic Oc mmission to remove the Pomona; Install traffic signal at Wilson Street and Pomona Avenue, and Stop Sign for to install a stop sign for northbound Pomona Avenue. Northbound Pomona This recommendation is consistent with traffic signal policies adopted by the City Council. 216 MOTION Because of the many students from Wilson School crossing Delay Removal of at the Wilson Street/Pomona Avenue intersection, Vice Signal and Notify Mayor Hornbuckle made a motion to delay removal of the Wilson School signal until after the school year ends in late June, and directing staff to notify Wilson School of the signal removal so that its staff can in turn notify the parents. The motion was seconded by Council Member Hall, and carried 5-0. MOTION . On motion by Vice Mayor Hornbuckle, seconded by Council Removal of Signal Member Hall, authorization was given to remove the Approved; and signal at the intersection of Wilson Street and Pomona Resolution 85-36 Avenue after the close of the school year, with the Adopted stipulation that electrical equipment will not be Adopted removed until after the traffic patterns are monitored Hertzog, Hornbuckle, sufficiently to ensure that no problems develop; and Resolution 85-36, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE None ERECTION OF A STOP SIGN ON POMONA AVENUE AT WILSON ABSENT: COUNCIL MEMBERS: STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS On motion by Council Member Wheeler, seconded by Vice Towing Rates Mayor Hornbuckle, Ordinance 85-9, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY -OF COSTA MESA, CALIFORNIA, MOTION REVISING THE PROCEDURE FOR SETTING THE RATE SCHEDULE FOR Ordinance 85-9 TOWING SERVICES, was given second reading and adopted by Adopted the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None R-85-01 The Clerk presented Ordinance 85-10 for second reading Butler/Fairview and adoption. The ordinance changes the zoning of Stag Hospital certain Fairview State Hospital property at 2501 Harbor Boulevard from I and R (Institutional and creational) to PDR -HD (Planned Development Residential - High Density) in connection with Rezone Petition R-85-01, Merrill Butler. Council Member Wheeler expressed his opposition to high density zoning for the site. MOTION On motion by Council Member Hall, seconded by Council Ordinance 85-10 Member Schafer, Ordinance 85-10, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PARCEL OF LAND LYING WITHIN LOT A OF THE BANNING TRACT, IN THE RANCHO SANTIAGO DE SANTA ANA, FROM I AND R TO PDR -HD, was given second reading and adopted by the following roll call vote: .AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Removal of Vehicles On motion by Council Member Hall, seconded by Council on Private and City Member Schafer, Ordinance 85-12, being AN ORDINANCE OF Properties THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELATING TO REMOVAL OF VEHICLES PARKED ON PRIVATE PROP - MOTION ERTY OR CITY PROPERTY, was given second reading and Ordinance 85-12 adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer,. Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 217 ;..,.".Visitors Bureau The Clerk presented from the meeting of December 17, 1984, a report from the Costa Mesa Visitors Bureau and a request for funds to cease operation. The City Manager reported that Council had previously approved an allocation of $60,000.00 for three years; however, the Visitors Bureau ceased operation in Janu- ary, 1985. The Visitors Bureau Board has requested $4,305.72 from the City to pay outstanding bills. He also mentioned that the Board intends to ask the Costa Mesa Chamber of Commerce to form a committee to handle the function of the Visitors Bureau and to continue to promote the City as a tourist destination. Robert Seddelmeyer, General Manager of The Westin South Coast Plaza Hotel and representative of the Visitors Bureau Board, confirmed the report of the City Manager and answered questions from the Council concerning the assets shown on the Bureau's Balance Sheet of March 15, 1985. Nate Reade, Executive Manager of the Costa Mesa Chamber of Commerce, agreed that the Bureau's assets should be turned over to the City; however, he did ask that the Chamber be authorized to distribute the Visitors Bureau brochures. MOTION A motion was made by Vice Mayor Hornbuckle authorizing Authorization the City to accept the liabilities and assets of the Given to Accept Costa Mesa Visitors Bureau, and if the Chamber of Com - Bureau's Assets merce Committee finds they are in need of the office and Liabilities equipment, encourage them to come before us with a request for that equipment; and stipulating that the brochures are to remain with the Chamber of Commerce Committee for distribution. The motion was seconded by Council Member Schafer. Council Member Wheeler stated that when he first bard of this program, he though that it was a direct subsidy of the private sector because City funds were expended in such a manner as to draw tourism, primarily benefit- enefitting tingthe hotels and commercial sector. He also commented that it was a waste of taxpayers' money to assume the liabilities of a defunct program. The City Attorney recommended that the motion be modi- fied to indicate that the City is assuming only those liabilities shown on the Bureau's Balance Suet. Vice Mayor Hornbuckle amended her motion as recommended by the City Attorney. The amended motion was seconded by Council. Member Schafer and carried 4-1, Council Member Wheeler voting no. Costa Mesa Float/ The Clerk presented a request from the Costa Mesa - Lions Club Newport Harbor Lions Club to place the City float in 10 Orange County parades at a cost of $650.00 for each parade, or a maximum amount of $6,650.00. The City Manager reported that this is an annual request from the Lions Club and mentioned that if the City of Costa Mesa does not enter its float in other cities' parades, then those cities will not enter the annual Fish Fry parade. Les Becker, representing the Lions Club, presented a sketch of the Costa Mesa float. MOTION On motion by Council Member Wheeler, seconded by Council Funds Member Schafer, the request was approved by the follow - Authorized ing roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None in7ARRANTS On motion by Council Member Wheeler, seconded by Council Member Schafer, Warrant Resolution 1284 was approved by MOTION the following roll call vote: Warrant 1284 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Approved Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Wheeler, seconded by Council Warrant 1285 Member Schafer, Warrant Resolution 1285, including Pay - Approved roll 8508, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented a resolution increasing the REPORTS monthly pay ranges for executive employees by approxi- mately $1,000.00 per month. If approved, the new Executive Salaries salary schedule will become effective May 12, 1985. The City Manager answered questions from Council Member Wheeler concerning the pay increases for all other employees. Council'Member Wheeler cccrmented that it was not fair to give executive personnel a larger per- centage of increase than the other employees. MOTION On motion by Council Member Hall, seconded by Council IL -solution 85-37 Member Schafer, Resolution 85-37, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING RATES OF PAY FOR EXECUTIVE JOB CLASSIFICA- TIONS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing, continued from Request for the meeting of February 4, 1985, to consider requests Increase in from G and W Towing, Incorporated, 132 Industrial Way, Towing Rates Costa Mesa, and from Harbor Towing, 964 West 17th Street, Costa Mesa, for an increase in towing rates. William Rush, owner of Harbor Towing, reported that his original request for towing increases was made in June, 1984, but because 11 months have already gone by, those increases are no longer valid. Mr. Rush referred to the proposed rates which hie had submitted with his letter of May 1, 1985, and ccmnented that the rates proposed by the City are the lowest in Orange County. He further mentioned that insurance - rates for towing operators have increased 250 percent. Mr. Rush answered questions from the Council, stating that his request for higher rates than those agreed upon earlier in the year is based on the fact that he was not aware of the insurance increase until February, 1985. In response to Council Member Wheeler's inquiry, Mr. Rush stated that purchase of the property which he fomnerly leased has not caused a financial problem, only the insurance increase. There being no other speakers, the Mayor closed the public hearing. 1 219 MOTION' Council Member Hall expressed agreement with Mr. Rush's Resolution 85-38 request and made.a motion to adopt Resolution 85-38, Adopted with Rags being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Proposed by Harbor COSTA MESA, CALIFORNIA, FIXING THE RATE SCHEDULE FOR Towing CERTAIN TOWING SERVICES PURSUANT TO SECTION 9-284 OF THE COSTA MESA MUNCIPAL CODE, approving the rates pro- posed by Mr. Rush. The motion was seconded by Council Member Schafer. Council Member reeler disagreed with the motion stating that the rates proposed by Mr. Rush are based on selec- tive information only. Further discussion ensued and Vice Mayor Hornbuckle expressed her desire to support the rates recaumanded by staff. The City Manager pointed out that the rates being considered this evening do not include police towing rates. He.also mentioned that the rate schedule being discussed this evening will be autanatically adjusted on its anniversary date. The motion to adopt Resolution 85-38 as stated by Coun- cil Member Hall carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Schafer, Hall NOES:. COUNCIL MEMBERS: Hornbuckle, Meeler ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:00 p.m., and the meet- ing eeting reconvened at 8:10 p.m. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of set for the public hearing to consider an appeal of ZE-84-195A the Planning Commission's denial of Zone Exception Yildiz ZE-84-195A from Oyvar Yildiz, 27 Sonrisa, Irvine, for a Conditional Use Permit for a 33 -unit motel with a manager's unit, a Conditional Use.Permit for excess canpact spaces, and variances from parking design and set -back requirements, located at 2656 Newport Boulevard in a C2 zone. Environmental Determination: Negative Declaration previously adopted. The Affidavit of Mail- ing is on file in the Clerk's office. No C=nunications have been received. The Development Services Director reported on the Senior Planner's memorandum of April 30, 1985. The Planning Carnmission approved a sign variance and denied an amend- ment to expand an approved 31 -room motel and a manager's unit to 33 rooms and a manager's unit. The amendment includes three requests. The f irst two, a Conditional Use Permit for excess canpact parking and a variance for reduced parking dimensions were accept- able cceptable because of recent City Council direction regarding these standards in conjunction with the Canpact Car Parking Study. The third request for a variance frau side yard setback requirements was found to be unaccept- able. nacceptable. The Planning Cmaission and staff findings for denial related to the lack of site hardship since the lot is typical of the numerous lots along Newport Boule- vard (60 feet by 300 feet) and because of the visual impact of the building from the residential uses to the east. Side yard setbacks in cam ercial zones were established to ensure that at least one side yard would be available for adequate fire or emergency access to the rear of the site. Since the Fire Department required an on-site hydrant and fire sprinklers in the units, the additional access to the rear is not criti- cal. The setbacks also serve to control the overall intensity of development by regulating building mass or bulk. The Development Services Director recammended that if the amended plan is approved because of sprinklers being installed, then the,Municipal Code should be amended so that other applicants may enjoy the same consideration. Council Member Wheeler asked if the original plan for 31 units was approved without variances, and the Director responded that it was; however, the applicant did have a problem obtaining building permits for the original design. The appellant, Oyvar Yildiz, was present and introduced his architect, Ali Davasligil, A & D Design Association, 5851 rnbstminster Avenue, Suite A, Westminster. Mr. Davasligil submitted a -petition containing six signatures of owners of surrounding properties who are in favor of the proposed project. Mr. Davasligil summarized his letter which contains 13 reasons for approval of the variance, and copies of the letter were submitted to each Council Member. Sid Soffer, 900 Arbor Street, Costa Mesa, disagreed with the findings of staff. There being no other speakers, the Mayor closed the public hearing. Council Member Hall cammented that the motel would cut off the noise from Newport Boulevard for those people residing on Elden Avenue. Council Member Hall made a motion to approve Zone Exception ZE-84-195A based on the finding that the building of the motelfran'lot line to lot line will afford both noise and pollution protection for the residents on Elden Avenue from the traffic on Newport Boulevard, and subject to all conditions including modification of Condition No. 32 as reccm-vended by the Planning Gcmission. The motion was seconded by Council Member Schafer. Council Member Wheeler disagreed with the finding stating that because no site hardship nor exceptional circumstances exist, the variance should not be granted. Council Member Hall expressed his opinion that it is not reasonable to require setbacks because the building will shield noise fran the surrounding neighbors. Vice Mayor Hornbuckle and Council Member Schafer stated that it would be difficult for them to approve a project with no setbacks. Mayor Hertzog called for a vote on the motion to approve the application. The motion failed to carry, Council Members Hertzog, Hornbuckle, Schafer, and Wheeler voting no. MOTION A motion was made by Vice Mayor Hornbuckle, seconded ZE-84-195A by Council Member Wheeler, to uphold the Planning Denied Gcmmission's denial of ZE-84-195A based on the Plan- ning Commission's findings. The motion carried 4-1, Council Member Hall voting no. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -85-02 set for the public hearing to consider an appeal of Schwartz/Navarro the Planning Cammission's decision for Planning Action PA -85-02 from Gus Navarro, 735 Lakme Avenue, Wilmington, J authorized agent for Wilford Schwartz, 5655 Union Pacific Avenue, City ,of .Cmuerce, for a sign variance or a planned signing program for a new retail building at 610 and 620 hb st 17th Street in a C2 zone. Environ- mental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director referred to staff's memorandum of April 30, 1985, stating that on April 8, 1985, the Planning Commission approved a Planned Sign- ing Program for the Federated/Standard Brands ccamner- cial development at the corner of Wast 17th Street and Superior Avenue to allow a ccmbined ground sign for both Federated and Standard Brands, and to allow additional letter height for the Federated wall sign. The appli- cants have appealed the Commission's decision regarding the letter heights for the Federated wall sign. The Sign Ordinance limits letter heights to 28 inches for the site. The Commission and staff recommended approval of 32 inches in height for the four larger letters and 22 inches in height for the remaining letters. This canpramise .is consistent with other Planned Signing Programs and variances approved by the Planning Canmission. The applicant is proposing that the larger letters be alloyed to be 48 inches and the smaller letters 36 inches. Studies substantiated by the California Institute of Technology indicate that letter heights of 24 and 30 inches are readable frau distances of 1,000 and 1,250 feet while letter heights of 36 .and 48 inches are readable frau distances of 1,500 and 2000 feet. Since the building is set back 165 feet from the street, adequate visibility is provided by the lower letter heights recamTended by the Comnission and staff. Kirk Lamb, 1141 - 17th Street, Santa Monica, Vice President - Store' Planning, The Federated Group, and representing Mr. Schwartz, stated that because of the location of the building on the site, the letter height requested by the appellant is needed for additional visibility. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Meeler, seconded Cammission's by Council Member Schafer, and carried 5-0, upholding Decision Upheld the Planning Cc mmission's decision based on the find- ings and recommendations of the Commission and staff. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -85-59 set for the public hearing to consider an appeal of Aane-Wiley/Allstar the Planning Commission's denial of Planning Action Inns PA -85-59 frau Acme -Wiley Corporation of California/ Allstar Inns, 9359 Feron Street, Rancho Cucamonga, authorized agent for C. J. Segerstran and Sons, 3315 Fairview Road, Costa Mesa, for a sign variance at 1441 Gisler Avenue in a Cl zone. Environ -rental Detennina- tion: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A cammunication has been received from C. J. Segerstram and Sons, requesting that the -appeal be withdrawn. MOTION On motion by Council Member 4Abeeler, seconded by Mayor Appeal . Hertzog, and carried 5-0, this item was withdrawn as Withdrawn requested by the applicant. 222 PUBLIC HEARING The Clerk announced that this was the time and place Council Review set for the public hearing to consider a request frcm of PA -85-66 the City Council to review Planning Action PA -85-66, Belding/Wade Devon A. Belding, 4920 Campus Drive, Newport Beach, authorized agent for Elizabeth W. Wade, Post Office Box 6283, Santa Ana, for a Conditional Use Permit to allow an automotive dealership with outdoor display at 2990 Bristol Street in a Cl zone. Environmental Determina- tion: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A canmu-iication has been received fran the authorized agent, Devon A. Belding, requesting a continuance to May 20, 1985. Ms. Belding was present and stated that she is asking for the continuance because the repre- sentative for the applicant, Avis lent A -Car System, Incorporated, cannot be present at this meting. MOTION On motion by Council Member Schafer, seconded by Council Held Over Member Wheeler, and carried 5-0, this item was continued to May 20 as requested. PUBLIC HEARING The Clerk announced that this was the tim and place Abandorment North set for the public hearing to abandon excess City right- of ightof Flower Street of -way located north of Flower Street and perpendicular to Orange Avenue. Environmental D-atennination: Exempt. The Affidavit of Publication is on file in the Clerk's office, and the property was posted as required by law. No Cc munications have been received. The Development Services Director reported that in 1984 the Planning Coamission approved Parcel Map S-84-380 to create two lots with a variance from lot area require- ments. As a Condition of Approval, the Engineering Division required a 2.5 -foot dedication off the alley between Orange and Westminster Avenues. Due to unfore- seen difficulties presented by the location of the existing block wall on the site, the strip cannot be used for its. intended purpose. As a result, the Engineering Division requested that the excess right- of-way ightof-way be abandoned. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Schafer, seconded by Council Resolution 85-39 Member Wheeler, Resolution 85-39, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF SURPLUS CITY RIGHT-OF-WAY LOCATED NORTH OF FLOWER STREET AND PERPENDICULAR TO ORANGE AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle., Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented Planning Action PA -85-53, Costa Mesa PA -85-53 Redevelopment Agency, authorized agent for Dennis W. Redeveloiment Hogland, J. C. Humphries, John A. Hughes, Roy McCardle, Agency/Hogland Lilyan Takaha, Helen S. Wada, Yuri H. Mukai, June et al Primasing, Robert Ziemer, Mario Tamballini, Dominic J. Raciti, and Philmer J. Ellerbroek, for a variance for reduced parking, and a Conditional Use Pennit for off- site parking in conjunction with a previously approved building rehabilitation project at 1800 through 1844 Newport Boulevard," and at 111, 113, and 117 Broadway in a C2 zone. Environmental Detemination: Exempt. The Develogment Services Director suYmarized staff's memorandum of April 30, 1985, and reported that the 1 4 �� application was made by the RL-developnent Agency on behalf'of the property owners in the Demonstration Block. The application relates only to the redesign of the parking lots. Because rehabilitation of the parking lots would -greatly improve the appearance of the sites and improve traffic circulation, the Planning Cammission and Planning staff have recommended approval subject to conditions. The Director of Public Services sumnarized the events which have occurred since the City awarded a contract for the reconstruction of Golf Course Drive, including removal of the median. The contract was awarded at the Council meeting of April 1, 1985, and demolition of the street and median camnenced during the week of April 15. Vice Mayor Hornbuckle recommended that the landscaping consist of drought resistant foliage. The Director responded that he would notify the Fedevelopment staff of her request. MOTION A motion was made by Council Member Schafer, seconded PA -85-53 by Council Member Hall, and carried 5-0, to approve Approved Planning Action PA -85-53 subject to modifications and conditions contained in the Staff Report. PA-85-70/Tentative Council Member Hall announced that he would like to Tract No. 12067R camnent on the next item under New Business. The con - Daugherty and ments were related to Planning Action PA -85-70 and Hart/McClellan the 'Tentative Map for Tract No. 12067R, Noel Hart, Daugherty and Hart, 1180 North Coast Highway, Laguna Beach, authorized agent for Rollo W. McClellan, 2424 Windward Lane, Newport Beach, for a Planned Development Review for a 16 -unit planned residential project and a 17 -lot subdivision forproperty located north of Arbor Street and west of Vbittier Avenue in a PDR -LD zone. Environmental Determination: Negative Declaration. Council Member Hall stated that after reviewing the applications, he believes the proposed development is proper for the site; however, at the Council meeting of April 15, 1985, a petition was submitted fron the homeowners in the im4iediate area asking that the Council consider at a future meeting the possibility of the City purchasing this particular parcel of land as an addition to Canyon Park. Council Member Hall explained that he had no opinion as to whether or not the property should be included in the park, but if, in fact, the Council considers Mr. McClellan's application on its merits, it may preclude any option of including that site in the park. In view of that possibility, he suggested that Council consider the request of the homeowners and have staff prepare a report containing appraisal and improvement costs, the cost of compensating the property owner for that parcel, and the practicality of adding that property to Canyon Park. MOTION Council Member Hall made.a motion directing the City PA-85-70/Tract Manager to prepare a report detailing the potential and 12067R Held Over; possible costs, uses, problems or benefits of including Report Requested the subject parcel as so mentioned under Planning Action PA -85-70 in the park area, said report to be considered at the Council meeting of June 3, 1985; and to continue Mr. McClellan's applications to that same meting to be heard after action has been taken on the report concern- ing the addition of the subject site to Canyon Park. The motion was seconded by Vice Mayor Hornbuckle, and carried 5-0. Golf Course The Clerk presented a request fron Costa Mesa residents Drive Median to re -install the median on Golf Course Drive. The Director of Public Services sumnarized the events which have occurred since the City awarded a contract for the reconstruction of Golf Course Drive, including removal of the median. The contract was awarded at the Council meeting of April 1, 1985, and demolition of the street and median camnenced during the week of April 15. 2.2 During the weekend of April 20, several calls from neighbors in the area were placed to Council Members canplaining about the removal of the median. Two meet- ings eetings were held with;the haneowners, and their complaints were over the removal of the median, destruction of the existing landscaping, and lack of any advance notifica- tion of the median's removal. Staff had recommended that the medians not be replaced because the landscaping was difficult to maintain, and watering of the medians was causing deterioration of the pavement. The Public Services,Director suggested three alterna- tives: (1) Leave project as it is without replacing the median. (2) If the median;is replaced, staff has recce mended extruded curbs with tree wells only, patterned concrete throughout the remainder of the median, no irrigation system, and watering of the trees to be done by water truck. (3) Per the request of the residents in that area, replace the median with a full depth sculptured median, fully. planted landscape area containing shrubs, ground cover, and trees, as %ell as a full irrigation systema In response to questions frau the Council, the Public Services Director reported that if the reccomendation of staff is accepted, the expected life of the recon- structed street should be between 20 and 30 years. He suggested that reconstruction of the street be completed now and then the City could go out to bid for construc- tion of the median. That process would take approxi- mately three to six months. Because the residents are concerned about traffic safety prior to the median being constructed, Council Member Hall suggested the use of some sort of barriers in the median area until construction can commence. The Public Services Director responded that he would investigate that possibility. Vice Mayor Hornbuckle suggested the use of drought resistant landscaping. Herb Grimm, 2725 Starbird Drive, expressed concern over the loss of the trees which were in the median since it was constructed approximately nine years ago. He stated that residents in the area were upset because they were not notified of the City's intention to remove the median because the median was originally constructed to prevent traffic generated by the Vista del Lago apartment project frau traveling through the residential streets. Mr. Grimm also mentioned that the City did not enforce the no -parking provisions on Golf Course Drive. Mr. Grimm urged the Council to approve the proposal submitted by the homeowners. John Murray, 2721 Skylark Circle, urged the Council to install a six-foot wide median primarily as a safety factor. Bernard Simon, 1779 Tanager Drive, stated that the City's notification procedures are not adequate. 225 Fred Grimm spoke again and stated that in 1975, a condi- tion imposed for the Mesa Verde Villas project was that vehicles could only exit onto Golf Course Drive, but the sign indicating this has disappeared. He asked that the City provide for the enforcement of that condition. Dick Mehren, 1824 Kinglet Court, stated that the design of the street was a problem at the outset. The City staff now states that the street is too narrow for the median and that is what homeowners originally told the City. Mr. Mehren also commented on the fact that the no -parking regulation is not being enforced. He sug- gested that the road design be changed, that five feet added to the width of Golf Course Drive would be an excellent improvement. Mr. Mehren recarnnended that a decision be delayed until a permanent solution can be found. Hugh Wilkoff, 2702,Starbird Drive, asked the Council to make an immediate decision to install a six-foot median. MOTION Council Member Hall made a motion to restore the median Install Full on Golf Course Drive to a full depth median, with land- Depth andDepth Median scaping and trees to be determined at a future time, on Golf Course and to install a curb of standard height. The motion Drive was seconded by Council Member Schafer, and carried 5-0. WITHDRAWN MOTION A motion was made by Council Member Hall, seconded by Discuss Landscaping Council Member Schafer, to again contact the homeowners with Haneowners to find out if they would like to have exactly the same Committee landscaping as they had before, or if they would like to have any changes in landscaping; and if, in fact, there are some changes requested by the haneowners that will improve appearance, root problems, watering, mainte- nance, etc., that Council should reflect upon and possibly accept those recommendations of the homeowners. Council Member Hall emphasized that this does not pre- clude the homeowners fran asking again for exactly the same landscaping as they had before. Vice Mayor Hornbuckle canmented that one of the problems causing deterioration of the original median was the excessive amount of watering required for the landscap- ing. She asked that low water use plants be selected to preserve our resources. Council Member Meeler stated that Council already knows what the haneowners want and that there is no need to have further discussion with the homeowners ccmmittee. Herb Grimm reported that the homeowners want the same trees or Maple trees, but not Indian Hawthorne. He" also stated that the ccmittee is open for more discus- sion. Council Member Schafer commented that she would like to have a time schedule for the landscaping so that cample- tion is not unduly delayed. Ted Gazda, 2792 Bluebird Circle, objected to further committee study and requested that a canparable median be installed as soon as possible. At the. request of Vice Mayor Hornbuckle, Council Member Hall repeated his motion, and thereafter, the Vice Mayor added an amendment: If staff determines that there are better or more suitable low water use plants for the median, that those suggestions be presented to the home- owners for their review prior to being presented to the Council. Council Member Hall agreed to include that modification. 226 Council Member Wheeler again stated that the Council already knows what landscaping the hcmeowners desire and that is what should be approved. Council Member Hall withdrew his motion. MOTION Council Member Wheeler moved to restore the median to Median to be its original condition prior to construction with the la stored to exception that it will be full depth curbing, it will Its Original also contain appropriate tree wells, and that it is to Condition be fully landscaped as recanmended by the homeowners, including landscaping with either Mellaluca or Maple trees, ground cover being pampas grass, Japanese bunch grass, or Korean grass as determined by staff from among those choices. The motion was seconded by Council Member Schafer, and carried 5-0. MOTION On motion by Council Member Wheeler, seconded by Mayor Temporary Median Hertzog, and carried 5-0, staff was directed to procure Authorized a temporary median to be placed as soon as possible on Golf Course Drive to try to alleviate the problems in the interim until construction is canpleted. Mayor Hertzog announced that the no -parking regulation will be enforced. Sunflower Avenue The Clerk presented a request from the City of Santa Median Ana to modify the newly constructed raised median on Sunflower Avenue east of Bristol Street in order to restore left turns into the Sunflower Plaza Shopping Center in Santa Ana to prevent loss of business. The Director of Public Services reported on the recam- mendations from the Traffic Commission and from staff. The Traffic Commission suggested that no left turns be allowed exiting the shopping center, and to work with the City of Santa Ana to provide easier and safer access into the center. Staff recommended that the median be retained as con- structed because they believe the shopping center has adequate and efficient access, and the median is needed to improve traffic circulation and to eliminate poten- tial hazards. Staff pointed out that it may be very difficult to turn left at the location during the after- noon peak period because westbound traffic stopped for Bristol Street may back up the short distance to the median opening, concluding that a "No Left Turn 4:00 - 6:00 P.M." would be necessary if a left -turn median opening is allowed. Dan Young, 1030 West MacArthur Boulevard, Santa Ana, member of the Santa Ana City Council, submitted a design for a left turn lane which he believed would be viable for this location. He explained that the installation of the median has caused a substantial loss of business for those merchants in the shopping center. Mr. C. T. Sutaria, Santa Ana Traffic Engineer, was present and spoke in support of the proposed design sub- mitted by Mr. Young. 'While responding to questions from the Council, he indicated that the left -turn lane being proposed can accamodate up to three vehicles waiting to to enter the shopping center. Council Member Wheeler cammented that there is insufficient parking at the center and it was his opinion that there would be a definite backup of traffic. During discussion, Mr. Young mentioned that the design he proposed would prohibit left turns out of the center onto Sunflower Avenue, that the cost of reconstruction and any necessary signage would be funded by the City of Santa Ana. He agreed that no U-turns should be allowed frau- the left -turn lane, and that if the left- turn eftturn lane does present a traffic problem, it will be the responsibility of the City of Santa Ana to recon- struct the median to its original condition. In response to Council Member Schafer's request for a statement fran staff, the Director of Public Services reported that it is staff's opinion that because of the high volume of westbound traffic, it will make it very difficult to canplete a left turn. The Director also pointed out that the City of Santa Ana had approved the design of the present median prior to construction, and voiced his concern over possible liability exposure and the potential hazard. Motion to Approve Council Member Hall moved to modify the median on Sun - Left Turn Pocket flower Avenue in accordance with the detailed drawing Failed to Carry submitted by the representatives fran the City of Santa Ana, based on the finding that the representations of Santa Ana that there should not be significant accident problems here, camienting that he did not envision any liability due to their design; that the median be modi- fied subject to funding by Santa Ana, including all necessary signage for the area, and that if in the future the area is redeveloped, it shall not take place based on the use of this new left -turn pocket in the median; that the left -turn pocket be reviewed on an annual basis, and if at such time there are significant safety problems because of the left -turn lane, the problems will be brought back to us for further review; and the median shall also be posted with no left turns during peak afternoon hours which have been determined to be between 4:00.p.m. and 6:00 p.m., and if it is discovered that more appropriate times are needed for left turns, those times shall be utilized. The motion was seconded by Vice Mayor Hornbuckle. Council Member Wheeler expressed his disagreement with the motion because of the dangerous condition mentioned by staff. The motion failed to carry 3-2, Council Members Hertzog, Schafer, and Wheeler voting no. Council Member Wheeler made a motion to retain the medianas constructed; however, because the business owners frau the Sunflower Plaza Shopping Center wanted to be heard, Mayor Hertzog invited them to speak. Ken Everson, 514 Poinsettia Avenue, Corona del Mar, owner of a business in the center, stated that business has dropped considerably since the median was installed. Also, that the conditions which now exist are more hazardous than the left -turn lane as proposed by the City of Santa Ana. Jim Aynes, 2811 Loreto Avenue, Costa Mesa, opposed the left -turn lane concept because of the.liability it would create for the City of Costa Mesa. Ted Siede, 3941 South Bristol Street, Unit D, Santa Ana, reported that there are only seven stores in the center so there would not be more than three cars ( the . maximum for the proposed lane) waiting to make a left -turn. He also mentioned that business has been adversely affected because of the median. Sid Soffer, 900 Arbor Street_, Costa Mesa, asked for an opinion as to who is liable if a rear-end'collision 228 occurs in the left -turn lane. The City Attorney responded that the issue is: does the left -turn pocket create a hazard? He commented that only a jury could determine if the City created the hazard. Helen Youngerman, 3225 South Sycamore Street, Santa Ana, owner of a business in the shopping center, spoke in support of installing the left -turn pocket. Bob Chapman, 2037 South Capella Court, Costa Mesa, asked if it were feasible to install a traffic signal at this location. The Mayor responded that it would be too costly. Helen Willington, 4414 Larkstone Avenue, Orange, owner of a yogurt shore in the center, urged the Council to install the left -turn pocket because there had been no accidents prior to the construction of the median. Terry Woods, representing Giuliano's Delicatessen which is located in the center, suggested checking the number of accidents which have occurred prior to construction of the median to determine if it is an economic risk for the City of.Costa Mesa. �i MOrTION Council Member Hall stated that he would like to make Installation of a motion exactly as he stated it earlier, approving the Left Turn Pocket installation of the left -turn pocket. The motion was Approved seconded by Vice Mayor Hornbuckle, and carried 3-2, Council umbers Schafer and Wheeler voting no. COUNCILMANIC COMMENTS Council Member Wheeler stated that he wanted to apolo- gize to Ernie and John Feeney because they put up with Storm Drain a lot of trouble during construction of the storm drain Construction project at Fairview Road and Baker Street. He commented that the discomfort that they put up with during that construction has resulted in a change for the times of construction at Bear and Baker Streets, and their incon- venience has resulted in changes which will make it much more convenient for many hundreds of residents in that area. He concluded by thanking the Feeneys on behalf of the City. Assemblyman Council Member Hall stated that he would like to have Ferguson on record his personal commendation to Assemblyman Gil Commended Ferguson for his recent comments in the State Assembly referring to Assemblyman Hayden as a traitor. PA-85-70/Tract A gentleman associated with the McClellan project, 12067R Planning Action PA -85-70 and Tentative Tract 12067R, McClellan expressed his disappointment over the Council's deci- sion to continue these items to June 3, 1985. League of Cities Mayor Hertzog received permission to vote on behalf of the City for persons who have been nominated for seats on various League of Cities camnittees. ADJOURNMENT At 12:10 a.m. , the Mayor adjourned the meting to a closed session on May 15, 1985, at 5:00 p.m., in the fifth floor Conference Roan of City Hall, to discuss personnel matters. - Ma r of the Cit sta Mesa ATTEST: _ y C erk of the City of Costa sa