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HomeMy WebLinkAbout10/21/1985 - City Council37.9 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 21, 1985 The City Council of the City of Costa Mesa, California, met in regular session October 21, 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, followedby the Pledge of Allegiance to the Flag, and Invocation by the Reverend Douglas McKenzie, Harbor Christian Fellowship. 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 Wheeler, seconded by Council September 16, Member Schafer, and carried 5-0, the minutes of the 1985 regular meeting of September 16, 1985, were approved. September 19, 20; On motion by Vice Mayor Hornbuckle, seconded by Council October 1, 2, 3, Member Hall, and carried 5-0, the minutes of the and 7, 1985 adjourned meetings of September 19 and 20, and October 1, 2, and 3; and the regular meeting of October 7, 1985, were approved. ORDINANCES A motion was made by Council Member Wheeler, seconded by Council Member Hall, and carried 5-0, to read all ordinances by title only. PROCLAMATION The Mayor read portions of a proclamation declaring Jewish War Veterans November 4 through 11, 1985 as "Jewish War Veterans Patriotic Poppy Patriotic Poppy Week" in the City of Costa Mesa. Week The proclamation was presented to the Commander of Harry Hoff Post No. 595, Jewish War Veterans. PRESENTATION Jackie Long, Instructor, Japan Karate Federation, Plaque from the reported on the results of the A.A.U. Karate Junior Japan Karate National Championships in New Orleans, Louisiana, on Federation August 22, 1985. Six members of the team won gold medals, one member was awarded a silver medal, and five members received bronze medals. Ms. Tong introduced several members of the karate team and thereafter pre- sented a plaque to the Council in appreciation for the funds they allocated for the cczmpetition. ORAL Jim Aynes, 2811 Loreto Avenue, Costa Mesa, stated he was COMMUNICATIONS pleased with the proclamation honoring the Jewish War Veterans. Mr. Aynes mentioned that the Veterans Refurbishing of Memorial Hall, similar in architecture to the Redevelop - Veterans Hall ment area, is in need of refurbishing. He asked if the Council would consider funding the refurbishment of that MOTION structure. A motion was made by Council Member Wheeler, Staff Directed seconded by Vice Mayor Hornbuckle, and carried 5-0, to Obtain Cost directing staff to obtain an estimate of the cost to Estimate refurbish the hall. Fast Food Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, reported Franchises that he.took a survey of fast food franchises on the west side and noted that there were 12 on West 19th Street between Pamona Avenue and Harbor Boulevard. He asked that Council prohibit any more fast food fran- chises on West 19th Street. 330 McClellan Roy Pizarek lodged a complaint against the grading being Property done on the McClellan property,,located on Sundance Drive adjacent to Canyon Park. Ha reported that bull- dozers had been operating from 6:00 a.m. to 10:00 p.m. for three consecutive days until the City Manager and Vice Mayor Hornbuckle had it stopped. Mr. Pizarek cammented that the property was not watered during the bulldozing and caused extreme mounts of dust and dirt to penetrate the area. In addition, Mr. Pizarek reported that dirt was being dumped onto the Canyon Park property and he was informed by staff that it was being done with City approval. Mayor Hertzog responded that staff would look into the matter and informed Mr. Pizarek that the property owner was cautioned about the times of day when work can be done. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 2, request frau High Hopes Neurological Recovery Group for use of the Neighborhood Community Center; Item ,4, request from House of Furniture for a 60 -day extension to close out its business; Item 10(g), claim from Craig Courtney, et al; Item 11(g), award of contract for a pavement manage- ment program - removed from the Agenda; Item 14(a), Change Order No. 3 to the contract with Artistic Landscape and Engineering, Incorporated, in connection with Fairview Bike Trail I - removed from the Agenda; and Item 19(c), Notice of Completion for Fairview Bike Trail I - removed from the Agenda. On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, Resolution 85-87, being A RESOLUTION OF THE Records Destruction CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK, MOTION PUBLIC SERVICES, AND DEVELOPMENT SERVICES DEPARTMENTS Resolution 85-87 OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. Adopted 75-60, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Attorney Walter R. Zech on behalf of Kurt Biezunski; Jeffrey D. Dingman; Geraldine E. Douglas; Kathryn Gabbard; Lisa S. Hill; Automobile Club of Southern California/Pamela and Peter Kuehn; Gwendolyn Maxa; Attorney Michael J. Merline on behalf of Marlo Mullin; Attorney Gary L. Moorhead on behalf of Evelyn Paladines; Attorney I_� Michael Cristin on behalf of Janet L. Savidan and William Scott Savidan, a minor; Deborah Smith; Attorney Timothy J. Ryan on behalf of Anh Thu Vo; David and Julie White; and Application for Leave to Present a Late Claim from Greg Martin, Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Courtyards of Costa Mesa CVS, Incorporated, doing business at 1835-C Newport Boulevard; Sandra L. Star - buck, doing business as Lotus Roan, 1548 Adams Avenue, Suite F; La Siesta Restaurants Corporation, doing business at 1835-D Newport Boulevard; Dianne Varon, doing business as Broadway Flower Shop, 2750 Harbor Boulevard, Suite 2B; S.W.H. Corporation, doing busi- ness as Mimi's„Cafe, 1835-F Newport Boulevard; and Jaws, Incorporated, doing business as Deja Vu, 2285 Newport Boulevard. Public Notice from Southern California Gas Company and Utilities Pacific Lighting Gas Supply Company that they have Commission filed Application No. 85-09-034 with the Public Utili- ties Commission, requesting approval to decrease rates by $117.6 million, reflecting decreases in the cost of gas. Local Agency Notices of public hearings from the Local Agency Formation Formation Commission concerning the following proposed Commission annexations to the Costa Mesa Sanitary District: Engineer's No. 218 located at the southwest corner of Bear Street and Sunflower Avenue; Engineer's No. 219, located at the northeast corner of Bear Street and Paularino Avenue; Engineer's No. 220, located in the area of Harbor Boulevard and Gisler Avenue; Engineer's No. 221, located in the area of Fairview Road and Fair Drive;.Engineer's No. 222, located in the area of Placentia Avenue and Canyon Drive; and Engineer's No. 223, located in area of Bear and Baker Streets. Share Our Communication from Share our Selves Corporation, 601 Selves Hamilton Street, Costa Mesa, containing a financial report on the funds dispensed to the needy. Metropolitan Letter from The Metropolitan Water District of South - Water District ern California concerning Congressional legislation which will authorize a Coordinated Operation Agreement (ODA) between the State Water Project and the Federal Central Valley Project. The legislation will increase water use efficiency of both projects and will help guarantee the protection of the environment in the Sacramento -San Joaquin Delta. Swan Drive Letter from Priscilla Garcia, 2778 Albatross Drive, Closure Costa Mesa, thanking the Council for authorizing the closure of Swan Drive at Placentia Avenue. Business Letter from Don Augustine, Battery Mart, 1934 Newport Taxes Boulevard, Costa Mesa, asserting that a problem exists with the procedure used to determine the amount of business tax charged by the City. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Friends of the Purpose has been received from Friends of the Costa Mesa Costa Mesa Libraries, 1855 Park Avenue, Costa Mesa, by conducting a Libraries one -day book sale at the Harbor Shopping Center on Octo- ber 26, 1985. On motion by Vice Mayor Hornbuckle, MOrTION seconded by Council Member Hall, and carried 5-0, the Permit Approved permit was approved with application of Section 9-234(j) of the Municipal Code. 382 Jewish War Veterans Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from Jewish War Veterans of U.S.A., 1128 Rutland Road, Unit 2, Newport Beach, by soliciting poppy donations from November 1 through 11, MOTION 1985. On motion by Vice Mayor Hornbuckle, seconded by Permit Approved Council Member Hall, and carried 5-0, the permit was approved with application of Section 9-234(j) of the Municipal Code. Girl Scout Notice of Intention to Appeal or Solicit for Charitable Council Purpose has been received from the Girl Scout Council of Orange County, 1620 Adams Avenue, Costa Mesa, to allow sale of calendars from October 18 through November 24, 1985, and for sale of cookies frau January 23 through MOTION March 23, 1986. On'motion by Vice Mayor Hornbuckle, Permit Approved seconded by Council Member Hall, and carried 5-0, the permit was approved with application of Section 9-234(j) of the Municipal Code. SET FOR PUBLIC On motion by Vice Mayor Hornbuckle, seconded by Council HEARING Member Hall, and carried 5-0, the following items were set for public hearing on November 4, 1985, at 6:30 p.m., in the Council Chambers of City Hall: Burtner/Fodor For Bob Burtner, authorized agent for Robert Fodor, for property at 543 Victoria Street. Environmental Determination: Negative Declaration. GP -85-3A General Plan Amendment GP -85-3A, to change the Land Use Designation frau Medium Density Residential to High Density Residential. R-85-10 Rezone Petition R-85-10, to rezone the property frau R2 to R4. R-85-14 Rezone Petition R-85-14, City of Costa Mesa, to rezone City of Costa 11 parcels frau C2 (General Business District) to Cl Mesa (Local Business District) or CL (Commercial Limited District), located at 1600, 1604, 1648-1670 Newport Boulevard, 186-198 East 16th Street, 1605 Orange Avenue, and property at the southeast corner of East 17th Street and Newport Boulevard in a C2 zone. Environmental Determination: Negative Declaration adopted for Specific Plan SP -85-01. REJECTED CLAIMS On motion by Vice Mayor Hornbuckle, seconded by Council Bornia/Milan Member Hall, and carried 5-0, the claims from Michael Bornia and Judy Milan were rejected. Brandt On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, the claim from Leland Brandt was rejected. Brandt On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, Application for Leave to Present a Late Claim from Lee Brandt was denied. Farmers Insurance/ On motion by Vice Mayor Hornbuckle, seconded by Council Caron Member Hall, and carried 5-0, the claim from Farmers Insurance Group/Herman Caron was rejected. Cianciola/Euphoria On motion by Vice Mayor Hornbuckle, seconded by Council Clothing Company Member Hall, and carried 5-0, the claim from James and Daphne Cianciola/Euphoria Clothing Company was rejected. Coats On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, the claim from Charlotte Coats was rejected. 1 Gnuse On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, the claim from Julia Gnuse was rejected. Granger On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, the .claim from Rick Dell Granger was rejected. State Fanm/ On motion by Vice Mayor Hornbuckle, seconded by Council Kasubuchi Member Hall, and carried 5-0, the claim from State Fane Mutual/Alan and.Vivian Kasubuchi was rejected. Kosak On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, the claim frau Michael Kosak.was rejected. Reed On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, the claim from Phillip Reed was rejected. Rogers On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, the claim fran Daniel H. Rogers was rejected. Village Way On motion by Vice Mayor Hornbuckle, seconded by Council Management Member Hall, and carried,5-0, the claim from Village Way Management, Incorporated, was rejected. ADMINISTRATIVE ACTIONS One bid received for Bid Item 675, Install Air Condi- tioning Equipment,,is.on file.in the Clerk's office. Bid Item 675 On motion by Vice Mayor Hornbuckle, seconded by Council Air Conditioning Member Hall, the contract was awarded to Graham Brothers Heating and Air Conditioning, Incorporated, 2952 Century MOTION Place, Costa Mesa, in the amount of $7,688.00. The Awarded to motion carried.by the following roll call vote: Graham Brothers AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler ,NOES: .COUNCIL MEMBERS.: None ABSENT: COUNCIL MEMBERS: None Bid Item 682 Bids received for Bid,Item,682, One Tractor/Loader/ Tractor/Loader/ Backhoe, are on file in the Clerk's office. On motion Backhoe by Vice Mayor Hornbuckle, seconded by Council Member Hall,:the contract was awarded to Glenn B. Doming, MOTION Incorporated, 1744 East Holt Boulevard, Ontario, in the Awarded to amount of $26,933.54. The motion carried by the follow - Glenn B. Dorning ing roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler -NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 685 Bids received for Bid Item 685, Self Contained Breathing Self Contained Apparatus, are on file in the Clerk's office. On motion Breathing Apparatus by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, all bids -were rejected, and staff MOTION was directed to send revised specifications to all Bids Rejected interested vendors. Bid Item 688 Bids received for Bid Item 688, Five Pick-up Trucks, are Five Pick-up Trucks on file in the Clerk's office. -On motion by Vice Mayor Hornbuckle, seconded by Council.Member Hall, the con - MOTION tract was awarded to Tom Bell Chevrolet Company, 800 Awarded to Alabama Street, Redlands, at $8,088.00 each, for a total Ton Bell Chevrolet of $40,440.00 .plus six percent tax. 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 383 384 Bid Item 689 Bids received for Bid Item 689, One Station Wagon, are One Station Wagon on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, the con - MOTION tract was awarded to Tran Bell Chevrolet Company, 800 Awarded to Alabama Street, Redlands, in the amount of $11,069.00 Ton Bell Chevrolet plus tax. The motion carried by the following roll call vote: Management and AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Inspection Services Schafer, Hall, Wheeler for Harbor/Maple NOES: COUNCIL MEMBERS: None Storm Drain, ABSENT: COUNCIL MEMBERS: None Donald Dungan Bids received for Construction of the Donald Dungan Library Branch Library are on file in the Clerk's office. On MOTION motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member,Hall, the contract was awarded to Rainey Awarded to Rainey Construction Company, Incorporated, 601 West Lambert Construction Road, Suite B, La Habra, in the amount of $1,262,800.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Design of Signals Schafer, Hall, Wheeler and Right -turn Lane ,NOES: COUNCIL MEMBERS: None on Adams Avenue ABSENT: COUNCIL MEMBERS: None Management and Proposals received for management and inspection during Inspection Services during,construction of the Harbor/Maple Storm Drain, for Harbor/Maple Phase II, are on file in the Public Services Department. Storm Drain, On motion by Vice Mayor Hornbuckle, seconded by Council Phase II Member Hall, the contract was awarded to Harris and Associates, 2250 Imperial Highway, Suite No. 252, MOTION E1 Segundo, in an amount not to exceed $27,000.00. The Awarded to Harris motion carried by the following roll call vote: and Associates AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Design of Signals Proposals received for design of traffic signal improve - and Right -turn Lane ments and a right -turn lane on Adams Avenue at Placentia on Adams Avenue Avenue; and traffic signal improvements at Adams Avenue and Albatross/Shantar Drives are on file in the Public MOTION Services Department. On motion by Vice Mayor Horn - Award to Greer buckle, seconded by Council Member Hall, the contract and Company was awarded to Greer and Company, 4095 East La Palma Avenue, Suite L, Anaheim, in an amount not to exceed $9,500.00. 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 - Golden Staff has recommended approval of an agreement with Coast Laboratories sole source vendor,;Golden Coast Laboratories, Incor- porated, 13876 Harbor Boulevard, Building 3-B, Garden Blood Tests Grove, in the approximate amount of $10,000.00 per year, for blood alcohol, drug, and blood type tests for the MOTION Police Department. On motion by Vice Mayor Hornbuckle, Agreement Approved seconded by Council Member Hall, the agreement was approved, and the Mayor was 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 Budget Adjustment On motion by Vice Mayor Hornbuckle, seconded by Council No. 86-09/TeWinkle Member,Hall, Budget Adjustment No. 86-09 for $7,250.00, Park for reconstruction of a parking lot at TeWinkle Park, was approved by the following roll call vote: 385 MOTION AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Adjustment Approved Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: ;COUNCIL MEMBERS: None Change Order No. 30 The Director of Public Services has recommended approval Clarke Contracting of Change Order No., 30, in,.the amount of $1,696.00, to the contract with Clarke Contracting Corporation, 1218 Assessment District South Alameda Street, Compton, for additional storm No. 82-2, South drain work on Avenue of the Arts, in connection with Coast Metro Center Assessment District No. 82-2, South Coast Metro Center. On motion:by Vice Mayor Hornbuckle, seconded by Council MO'T'ION Member Hall, the change order was approved by the fol - Change Order lowing roll call vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS:. None ABSENT: COUNCIL MEMBERS: None Agreement - Security The Housing and Community Development staff recommended Pacific Bank approval of an agreement with Security Pacific Bank, Post Office Box 4430, Downey, for loan processing Commercial services in;connection with the Commercial Rehabilita- Rehabilitation tion Program. On motion by Vice Mayor Hornbuckle, Program seconded by Council Member Hall, the agreement was approved, and the Mayor and Clerk were authorized to MOTION sign on behalf of the City. The motion carried by the Agreement Approved following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES:.,COUNCIL MEMBERS:. None ABSENT: COUNCIL MEMBERS: 'None Agreement - OCTD The Director of Public -Services has recommended approval of an agreement with the Orange County Transit District Bus Shelters (OCTD),.11222-Acacia Parkway,,Garden Grove, providing for reimbursement to the City for purchase of 18 bus MOTION shelters for various locations under a federally funded Agreement Approved program. On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, the -agreement was approved, and 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 Improvements for Improvements for,Zone Exception ZE-84-48, for property ZE-84-48/Lanting located at 2450 Newport Boulevard, have been completed to the satisfaction,of the Director of Public.Services MOTION by Jerry Lanting, 2870 Marguerite Parkway, Suite 202, Work Accepted Mission Viejo. On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, the work was accepted and the passbook for,.$22,00.0.00 was 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 Final Map for Tract The Final Map and a Subdivision Agreement were presented 12464/Newport Harbor for Tract 12464, Newport Harbor Builders, 1539 Monrovia Builders Avenue, Newport_Beach; one lot, 0.33 -acre, located at 2221 Canyon Drive, for condominium purposes. On motion MOTION by Vice,Mayor Hornbuckle, seconded by Council Member Map and Agreement Hall, the map and,agreement were approved; the Council Approved did accept on behalf of the City the ingress/egress easement over Lot -.5 for emergency and security vehicle purposes -as dedicated; did approve said map pursuant to the provisionsof Section 66436(c)(1) of the Subdivision Map Act; the Clerk was authorized to sign said map, and the Mayor and Clerk were authorized to sign the agree- ment 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 Notice of Completion Closure of Swan Drive at Placentia Avenue has been Swan Drive Closure completed to the satisfaction of the Director of Public Services -by DeAnnond Construction Company, 10491 MOTION Calabash, Fontana. -On motion by Vice Mayor Hornbuckle, Work Accepted seconded by Council Member Hall, the work was accepted; the. Clerk was authorized to file a Notice of Completion; Council authorized release of the retention funds 35 days after filing the Notice of Completion; the Labor and Material Bond was ordered exonerated 7 months after filing the Notice of Completion; and the Performance Bond was ordered exonerated 12 months after filing the Notice of Completion. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Traffic Signal Modifications for Harbor Boulevard and Traffic Signals for Wilson Street have been completed to the satisfaction of Harbor and Wilson the Director of Public Services by L. E. Meyers Company, Grissom and Johnson Division, Post Office Box 17747, MOTION Irvine. On motion by Vice Mayor Hornbuckle, seconded by Work Accepted Council Member Hall, the work was accepted; the Clerk was authorized to file a Notice of Completion; Council authorized release of the retention funds 35 days after filing the Notice of Completion; the Labor and Material Bond was ordered.exonerated 7 months after filing the Notice of Completion; and -the Performance Bond was ordered exonerated 12 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 Fees for High -Rise Fire Inspection MOTION Resolution 85-88 Adopted On motion by Vice Mayor Member Hall, Resolution THE CITY COUNCIL OF THE SETTING FEES FOR ANNUAL HIGH=RISE BUILDINGS, wa; call vote: Hornbuckle, seconded by Council 85-88, being A RESOLUTION OF CITY OF COSTA MESA, CALIFORNIA, FIRE DEPARTMENT INSPECTIONS OF adopted by the following roll AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None New Rate of Pay for On motion by Vice Mayor Hornbuckle, seconded by Council Building/Housing Member,Hall, Resolution 85-89, being A RESOLUTION OF THE Aide CITY COUNCIL OF'THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 85-50, ADOPTING A NEW RATE OF MOTION COMPENSATION FOR CLASSIFICATION OF BUILDING/HOUSING Resolution 85-89 AIDE, was adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler -NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Revision of Truck The Traffic Commission has recommended the addition of Route System several streets to the truck route system. The addi- tions are West 17th:Street between Placentia Avenue and 1 387' High Hopes Item2 on the.Consent Calendar was presented: Request from High Hopes Neurological Recovery Group, Incorpor- ated, 661 Hamilton Street, Suite 300, Costa Mesa, to use the Neighborhood Com munity,Center for a banquet on Janu- ary 24,-1985,.and requesting that the City consider MOTION underwriting the rental cost in full or part. On motion Request Withdrawn by Council Member Hall, seconded by Council Member Schafer, and carried 5-0, this item was withdrawn as requested by the applicant. Business Permit Item 4 on the Consent Calendar was presented: Request House of Furniture from House of Furniture, 1959.Harbor Boulevard, Costa Mesa, for a 60 -day extension to close out its business MOTION with an expiration date of December 1, 1985. On motion Permit Approved -by Council Member -Hall, seconded by Council Member Schafer, and carried 5-0, the permit was approved as recommended by staff. Courtney Claim Item 10(g) on the Consent Calendar was presented: Claim Ircm Craig Courtney, et al. Council Member Hall stated that he was.acquainted with .the claimant and therefore MOTION would not be voting on this item. On motion by Council Claim Rejected Member Wheeler, seconded by Council Member Schafer, and carried 4-0, Council Member Hall abstaining, the claim was rejected. Superior Avenue, Bear Street between Baker Street and Sunflower Avenue, and Fair Drive between Harbor Boule- MOTION vard.and Newport Boulevard. .On motion by Vice Mayor Resolution 85-90 Hornbuckle, seconded by Council Member Hall, Resolution Adopted 85-90, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .COSTA MESA, CALIFORNIA, DECLARING AND DESIGNAT- ING CERTAIN ADDITIONAL TRUCK ROUTES IN THE CITY OF COSTA MESA, was adopted,by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS:. None ABSENT: COUNCIL MEMBERS: None Conference Advances On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, a Conference Advance for $700.00, for a MOTION police officer to attend the Police Discipline and Advance Approved Labor Problems Conference in San Francisco, November 11 to 13, 1985, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: .COUNCIL MEMBERS: None MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Advance Approved Member Hall, a Conference Advance for $645.00, for an animal control officer to attend the State Humane Officers Training Academy.in San Diego, November 16 to 23, 1985, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: .COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 659 Bids received for Bid Item 659, Lease/Purchase Rates for Lease/Purchase Equipment, are on file in the Clerk's office. On motion Rates for Equipment by Vice Mayor Hornbuckle, seconded by Council Member Hall, the contract was awarded to First Interstate MOTION Lasing, Incorporated, 245 South Los Robles Avenue, Awarded to First Pasadena, in the amount of $1,715,882.28. The motion Interstate Lasing carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None High Hopes Item2 on the.Consent Calendar was presented: Request from High Hopes Neurological Recovery Group, Incorpor- ated, 661 Hamilton Street, Suite 300, Costa Mesa, to use the Neighborhood Com munity,Center for a banquet on Janu- ary 24,-1985,.and requesting that the City consider MOTION underwriting the rental cost in full or part. On motion Request Withdrawn by Council Member Hall, seconded by Council Member Schafer, and carried 5-0, this item was withdrawn as requested by the applicant. Business Permit Item 4 on the Consent Calendar was presented: Request House of Furniture from House of Furniture, 1959.Harbor Boulevard, Costa Mesa, for a 60 -day extension to close out its business MOTION with an expiration date of December 1, 1985. On motion Permit Approved -by Council Member -Hall, seconded by Council Member Schafer, and carried 5-0, the permit was approved as recommended by staff. Courtney Claim Item 10(g) on the Consent Calendar was presented: Claim Ircm Craig Courtney, et al. Council Member Hall stated that he was.acquainted with .the claimant and therefore MOTION would not be voting on this item. On motion by Council Claim Rejected Member Wheeler, seconded by Council Member Schafer, and carried 4-0, Council Member Hall abstaining, the claim was rejected. OLD BUSINESS The Clerk presented for second reading and adoption Council Procedures Ordinance 85-26, relating to Council procedures and and Claims Against claims against the City. the City Council Member Wheeler stated that he is not opposed to the custan.of having an invocation given at the Council meetings; however, he did not believe it should be the law of the City. MOTION On motion by Council Member Hall, seconded by Vice Mayor Ordinance 85-26 Hornbuckle, Ordinance 85-26, being AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA RELATING TO CITY COUNCIL PROCEDURES AND TO CLAIMS AGAINST THE CITY FOR MONEY OR DAMAGES, 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 Fortunetelling On motion by Council Member Hall, seconded by Council Member Wheeler, Ordinance 85-27, being AN ORDINANCE OF MOTION THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 85-27 ADDING FORTUNETELLING AS A PERMITTED USE IN THE Cl AND Adopted C2 ZONES AND DELETING PROHIBITION OF FORTUNETELLING, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Accessory On motion by Council Member Schafer, seconded by Council Apartments Member Wheeler, Ordinance 85-29, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION CONCERNING ACCESSORY APARTMENTS IN SINGLE-FAMILY DWELL - Ordinance 85-29 INGS, was given second reading and adopted by the Adopted following roll call vote: AYES: .COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Uses Underroof On motion by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, Ordinance 85-30, being AN ORDINANCE OF MOTION THE CITY COUNCIL OF.THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 85-30 CLARIFYING WORDING IN SECTIONS PERTAINING TO CONDUCTING Adopted USES UNDERROOF, was given second reading and adopted by the following roll call vote: . AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, J ..Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Speed Limit on The Clerk presented from the meeting of August 5, 1985, Orange Avenue a request from Robert Boullon, 201 Lillian Place, Costa Mesa, for speed.limit reduction on Orange Avenue. A communication has been received frau Anne Brown, 238 Fairway Place, Costa Mesa,.urging the Council to reduce the speed limit on Orange Avenue to a safe speed, and to have that limit enforced. She also asked that signs be posted reading, "Slow - Children at Play". A communication has been received from Robert Boullon stating the reasons why he is requesting that the speed limit -on Orange Avenue be reduced from 35 to 25 miles .per hour. Robert Boullon was present and read portions of his above communication which states various reasons for 1, 389 reducing the speed limit: there are no sidewalks along Orange..Avenue; there are many,vehicles parked on that street;and.many,vehicles exiting from driveways and alleys into traffic (which As obscured by the parked cars); there are many children who play in the street, wait for the bus, and ride their bikes/skateboards in the street;..large;busses are routed on Orange Avenue which is inappropriate; and the street has only one lane for each direction— MOTION irection— MOTION A motion was made -by Council --Member Hall, seconded by . Staff Directed to Vice Mayor Hornbuckle, to.reduce the speed on Orange Prepare Ordinance Avenue to 25 miles per hour. After discussion, Council to Reduce Speed Member Hall amended his motion by directing staff to prepare an.ordinance which will reduce the speed limit from 35 to 25 miles per hour on Orange Avenue from Mesa Drive to the southern City. limits. The amended motion was seconded by Vice Mayor Hornbuckle, and carried 5-0. Request from Yellow The Clerk presented from the meeting of September 16, Cab -to Increase 1985, a.request from Coast Yellow.Cab Cooperative, Taxicab Rates Incorporated, doing business,as Orange Coast Yellow Cab, 17300.Mount Hermann Street-, Fountain Valley, to increase taxicab rates. In a memorandum dated October 7, 1985, the Revenue Supervisor.reca mended approval of the requested fare increase based upon the financial condi- tion of, the company, increased operating costs (especi- ally insurance premiums), and the fact that this cab company has not requested a fare increase in over four years. At the request of .Council Member Wheeler, the Director of Finance explained the ratio tests referenced in staff's October 7 memorandum. MOTION on motion.by Council. Member, Hall, seconded by Vice Mayor Rate Increase Hornbuckle, and carried 5-0,,,the.increase in taxicab Approved rates was approved,. Sign Ordinance The Clerk presented a request fron the law firm of Interpretation Rutan and Tucker, Post Office Box 1950, Costa Mesa, respresenting Vista Paint.Store, 2931 Bristol Street, for an interpretation of .the Sign Ordinance. MOTION On motion by Council Member!Hall, seconded by Council Held Over Member Wheeler, and carried 5-0, this item was con- tinued to November 4, 1985, as requested by staff. General Plan The Clerk presented a request from C. J. Segerstrom and Amendment Hearing Sons, 3315 Fairview Road, Costa Mesa, for designation Date requested by of a fourth General.Plan Amendment hearing date in 1985 Segerstroms for General Plan Amendment GP -83-1B, Revised, the Hone Ranch project. The Development Services Director reviewed staff's memorandum of October 15, 1985. General Plan Amendment GP -83-1B, Revised, is a request to amend and reallocate building height and square footage allowances approved for the-Segerstron Hone Ranch project. The application was filed prior to the September 13 moratorium deadline for General Plan Pmendments. The Environmental.Impact Report (EIR) is being prepared and will be submitted in early December which is suffi- cient time to allow the Planning Commission to hold its hearing on December 23. Under that schedule, the City Council hearing,could be held on February 17, 1986. The Director commented on the third alternative which would be -to establish January 13, 1986, as the Planning Commission's first General Plan Amendment hearing in 1986. iThe advantage .of a,January 13 hearing rather than a December 23'hearing is that itis further removed from the busy Christmas season. ;In conclusion, the Director summarized the options available for the Plan- ning Commission hearing: (1) Assign fourth hearing date of December 23,.1985; (2) Assign early 1986 hearing date of January 13, 1986;:(3) Retain current schedule of February 10, 1986. MOTION A motion -was -made by Council Member Wheeler, seconded Retain Current by Vice -Mayor Hornbuckle, to retain the current schedule Schedule and of February 10, 1986. Schedule Joint Omission/Council In response to a question from Vice Mayor Hornbuckle, Study Session the Development Services Director stated that by retain- ing the current schedule, this item will come before the Council at its meeting of March 3, 1986. During discussion concerning a date for a Study Session, Council Member Schafer suggested that a joint session be held with'the Planning Commission. Thereafter,, Council Member'Wheeler amended his motion by adding that staff shall schedule a joint Planning Commission/City Council Study Session prlorlto the February 10, 1986, Commission meeting. The amended motion was seconded by Vice Mayor Hornbuckle, and carried 5-0. Bilingual. The Clerk presented a resolution establishing bilingual Compensation compensation for police personnel. Council Member Wheeler announced that he had instituted the pay bonus program for officers to learn to speak Spanish and Vietnamese in order to serve minorities in the community and at that time had included paramedics; however, investigation has determined that there is not quite -the need among the paramedics as there is for the police personnel. MOTION A motion was made by Council Member Wheeler, seconded by Bilinqual Program Vice Mayor Hornbuckle, approving the bilinqual program Approved and as outlined in the memorandum, with attachments, fran Resolution 85-91 the Personnel Director to.the City Manager dated Septem- Adopted ber, 1985, and adopting Resolution 85-91, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 85-50, ESTAB- LISHING BILINGUAL- COMPENSATION. 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 WARRANTS On motion by Council Member Schafer, seconded by Council MOTION Member• Hall, Warrant Resolution 1299 was approved by the Warrant 1299 following roll -call vote: Approved AYES:. COUNCIL'MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Schafer, seconded by Council Warrant 1300 Member Hall, Warrant Resolution 1300, including Payroll Approved 8519, was approved by the following roll call vote: - AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Schafer, seconded by Council Warrant 1301 Member Hall, Warrant Resolution 1301, including Payroll Approved 8520, was approved by the following roll call vote: it 1 1 Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL -MEMBERS: None City Manager The City. Manager stated that since this was the last Farewell Statement Council meeting during his -tenure with the City, he wished to,thank the citizens -of Costa Mesa for allowing him to serve this great community.. Addressing the employees of the City, he stated that they are the people who make the.organization function and commended them for implementing the -policies of the City Council. The City Manager; -expressed appreciation to the Council Members for their.devotion to their constituency, and expressed regret that;there.are not more positive strokes to make their positions more enjoyable. He urged the Council, for the.stability of the community, to work out.their problems •in a mature manner. The Manager commented that the,Council was elected to repre- sent -the entire community, not just certain segments. He asked that they forget future elections and to employ the objectivity necessary for the betterment of the community. - The City Manager.commended his immediate staff, especi- ally his secretary, for their outstanding contributions. Addressing his successor, Allan Roeder, the City Manager stated that he had no qualms in turning the City over to Mr. Roeder because,he is a bright, dedicated, and a well qualified professional. Each Council Member commended the City Manager on his excellent Job in guiding the Council and the City. PUBLIC HEARING The Clerk announced that this was the time and place R-85-11 set for the public hearing to consider Rezone Petition Grant/Woodmansee R-85-11, James;Grant, 119 Apolena, Balboa Island, authorized agent for Louise L. Woodmansee, 18312 Park View Lane, Unit 101., Huntington Beach, for permission to rezone property at 607 Hamilton Street from R2 to R3. Envirormental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development,Services Director reported that the applicant proposes to rezone two adjacent properties 391 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL. MEMBERS: None ABSENT:-. COUNCIL MEMBERS: None CITY MANAGER REPORTS The City Manager presented a resolution amending the Retirement Plan for;Safety,Bmployees. He summarized Amendment to Safety his memorandum of October.l, 1985, pointing out that Employees Retire- the amendment implements the "CHP Formula" for all ment Plan safety employees retiring on or after January 1, 1986. The change will allow employees to retire starting at age 50 at 2 percent of final compensation for each year of covered service,.escalating-to.age 55 and beyond at 2.7 percent of final compensation for each year of covered service with a maximum benefit of 75 percent of final compensation.; MOTION On motion by Council,Member Hall,, seconded by Council Resolution 85-92 Member Wheeler, Resolution 85-92, being A RESOLUTION OF Adopted THE CITY COUNCIL.OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE RETIREMENT.PLAN FOR.SAFETY EMPLOYEES OF THE CITY OF COSTA_MESA, was adopted 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 stated that since this was the last Farewell Statement Council meeting during his -tenure with the City, he wished to,thank the citizens -of Costa Mesa for allowing him to serve this great community.. Addressing the employees of the City, he stated that they are the people who make the.organization function and commended them for implementing the -policies of the City Council. The City Manager; -expressed appreciation to the Council Members for their.devotion to their constituency, and expressed regret that;there.are not more positive strokes to make their positions more enjoyable. He urged the Council, for the.stability of the community, to work out.their problems •in a mature manner. The Manager commented that the,Council was elected to repre- sent -the entire community, not just certain segments. He asked that they forget future elections and to employ the objectivity necessary for the betterment of the community. - The City Manager.commended his immediate staff, especi- ally his secretary, for their outstanding contributions. Addressing his successor, Allan Roeder, the City Manager stated that he had no qualms in turning the City over to Mr. Roeder because,he is a bright, dedicated, and a well qualified professional. Each Council Member commended the City Manager on his excellent Job in guiding the Council and the City. PUBLIC HEARING The Clerk announced that this was the time and place R-85-11 set for the public hearing to consider Rezone Petition Grant/Woodmansee R-85-11, James;Grant, 119 Apolena, Balboa Island, authorized agent for Louise L. Woodmansee, 18312 Park View Lane, Unit 101., Huntington Beach, for permission to rezone property at 607 Hamilton Street from R2 to R3. Envirormental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development,Services Director reported that the applicant proposes to rezone two adjacent properties 391 3�Fd fran R2 to R3 for the purpose of constructing 11 apart- ments. The proposal meets Council criteria to encourage the combination of lots into larger development sites as indicated in the Staff Report. Staff and the Plan- ning Commission recommended adoption of the Negative Declaration, approval of the rezone petition, and delay- ing second reading of the rezone ordinance until the two lots have been legally combined. Council Member Wheeler stated his opinion that the project will negatively impact the Rl and R2 neighbor- hoods•"and that the west side does not need any more spot zoning. He commented that he did not believe the the mitigation measures are sufficient to mitigate the impact on' -the Rl neighborhood. Vice Mayor Hornbuckle announced that she would be voting against the rezone because she felt that the west side already has its fair share of apartments. The.Vice Mayor also commented that since there is no project at this time, she would prefer to wait until after Council has reviewed the General Plan. In response to Council Member Hall's question, the Development -Services Director reported that lot combina- tion density bonuses are a General. Plan Policy and that this request meets that criteria. He also reported that there have been approximately five or six lot combina- tions in the subject area. The Director requested that the Council inform the staff,of any policy changes. Council-Member•Wheeler commented that he would like to change the lot combination policy. Council•Member Hall pointed out that in this case, where the request meets the criteria, the applicant proceeded in -good faith and now there are indications that the policy may be changed. He'stated that it would be unfair to the applicant to deny the request. The Mayor called for a vote on the motion to adopt the Negative Declaration and to give first reading to Ordi- nance 85-32. The motion carried by the following roll call vote: AYES: •COUNCIL MEMBERS: Hertzog, Schafer, Hall NOES: COUNCIL MEMBERS: Hornbuckle, Wheeler ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Request frau Harry for the public hearing,to,consider a request from Harry Baddon to Perfonn Baddon Chevron Towing, 2700,Shannon Street, Santa Ana, Towing Services for a Certificate of Public Convenience and Necessity to perform towing services within the City of Costa Mesa. The Affidavit of Publication is on file in the Clerk's office. James Grant was present to answer questions from the Council; however, there were no questions. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hall, seconded by Ordinance 85-32 Council Member Schafer, to adopt the Negative Declara- Given First tion of Environmental Impact; to give first reading to Reading Ordinance 85-32, being AN ORDINANCE OF THE CITY COUNCIL OF THE•CITY OF COSTA MESA, -,CALIFORNIA, CHANGING THE ZONING OF -A PORTION, OF LOT 21, FAIRVIEW FARMS, FROM R2 TO R3;,and to delay second reading of the ordinance until the applicant submits evidence of a recorded Lot Line Adjustment or Parcel Map legally combining the two parcels. Council Member Wheeler stated his opinion that the project will negatively impact the Rl and R2 neighbor- hoods•"and that the west side does not need any more spot zoning. He commented that he did not believe the the mitigation measures are sufficient to mitigate the impact on' -the Rl neighborhood. Vice Mayor Hornbuckle announced that she would be voting against the rezone because she felt that the west side already has its fair share of apartments. The.Vice Mayor also commented that since there is no project at this time, she would prefer to wait until after Council has reviewed the General Plan. In response to Council Member Hall's question, the Development -Services Director reported that lot combina- tion density bonuses are a General. Plan Policy and that this request meets that criteria. He also reported that there have been approximately five or six lot combina- tions in the subject area. The Director requested that the Council inform the staff,of any policy changes. Council-Member•Wheeler commented that he would like to change the lot combination policy. Council•Member Hall pointed out that in this case, where the request meets the criteria, the applicant proceeded in -good faith and now there are indications that the policy may be changed. He'stated that it would be unfair to the applicant to deny the request. The Mayor called for a vote on the motion to adopt the Negative Declaration and to give first reading to Ordi- nance 85-32. The motion carried by the following roll call vote: AYES: •COUNCIL MEMBERS: Hertzog, Schafer, Hall NOES: COUNCIL MEMBERS: Hornbuckle, Wheeler ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Request frau Harry for the public hearing,to,consider a request from Harry Baddon to Perfonn Baddon Chevron Towing, 2700,Shannon Street, Santa Ana, Towing Services for a Certificate of Public Convenience and Necessity to perform towing services within the City of Costa Mesa. The Affidavit of Publication is on file in the Clerk's office. 393 A communication has.been received from G and W Towing, Incorporated, 132 Industrial Way, Costa Mesa, stating that the applicant's office is in Santa Ana and the Municipal Code requires that an office be located in Costa Mesa. In addition, the letter questions whether or not the applicant has obtained the necessary permits from .the City of Santa Ana for storage of vehicles. The City Manager reported that in response to the ques- tions raised in G and W Towing's letter, staff has ascertained that the applicant has an office at 117-D Baker Street, Costa Mesa, and that the City of Santa Ana has confirmed that permits have been issued for Mr. Baddon to store vehicles in that city. Harry Baddon was present and in response to questions from the Council, provided the following information: office space is shared with Custom Towing; his storage facility is just outside the Costa Mesa City limits; only one vehicle at any one time will be stored at the .Baker Street address; and that the maximum time needed to retrieve a vehicle will be two hours, and most prob- ably will be less than two hours. Mr. Baddon also agreed to all conditions. There being no other speakers, the Mayor closed the public hearing.' MOTION On motion by Council Member Hall, seconded by Council Certificate Member Schafer, and carried 5-0, the Certificate of Approved Public Convenience and Necessity was approved subject to conditions recommended by staff. RECESS The Mayor declared a recess at 8:30 p.m., and the meet- ing reconvened at 8:40 p.m. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-83-175A set for the public hearing to consider an appeal of Brown/Carver the Planning Commission's denial of Zone Exception Development ZE-83-175A from Mitchell K. Brown, Urban Assist, Incor- porated, 3151 Airway Avenue, Suite A-2, Costa Mesa, authorized agent for Carver Development, 17 Corporate Plaza Drive, Newport Beach, concerning an amendment to a previously approved site plan to allow a deceleration lane and a right-in/right-out access to Red Hill Avenue from a recently constructed unoccupied industrial build- ing at 3183 Red Hill Avenue, in an MP zone. Environ- mental. Determination: Exempt. -The Affidavit of Mailing is on -file in the Clerk's office. No communications have been received. The appeal indicates that the project was approved with access via a driveway on McCormick Avenue; however, the building fronts on Red Hill Avenue and is not visible from McCormick Avenue nor the driveway entry. The apel- lant further stated that he provided studies which indicate no negative traffic impacts to Red Hill Avenue, and inventories of Red Hill Avenue frontage between the 405 and 73 Freeways show that this parcel has unique circumstances which will not provide the basis for others to request similar access to Red Hill Avenue. The Development Services Director referred to staff's memorandum of October 16, 1985, including the study prepared by the appellant. The memorandum states that the two-story industrial building was constructed with frontage on -Red ,Hill Avenue but with access on McCormick Avenue. The new building is located behind an existing industrial structure. During -the entire process, appli- cant was informed that a driveway on Red Hill Avenue would not be permitted. The Transportation Services staff is of the opinion that the justifications -submitted by the applicant did not adequately mitigate the concerns detailed in their memorandum of August 30, 1985, one of which is that the requested access violates the fundamental limited access concept for Red Hill Avenue. In addition, staff does not believe access to Red Hill Avenue is the reason the site has not leased. During discussion, the Development Services Director reported that the requested driveway would decrease the landscaped area; nevertheless, the setback still would be within Code requirements. Jerry King, No. 1 Civic Plaza, Suite 250, Newport Beach, representing the applicant, explained why the site is unique,in access and location. Mitchell Brown, authorized agent, gave a presentation during which he indicated the present businesses which have -Red Hill Avenue accesses. Mr. Brown agreed to participate in the cost of a future traffic signal at Red Hill Avenue/Airport-Loop Drive/Pullman Street; however, while responding to'questions fram Council Member Hall, he offered to pay the entire cost of the signal. ..It was also pointed out that the subject signal is not on the City's high priority list for new signals. In response to Council Member Schafer's inquiry concern- ing conditions of approval, the Director of Public Services referred to his memorandum of October 21, 1985, and attached Fact Sheet. The memorandum contains two conditions if the project is approved, as well as recommended language if Council directs the applicant to participate in the cost of"a future traffic signal. Council Member Wheeler suggested that a McCormick Avenue address may be more beneficial in locating the building. Mr. King responded that the project is not visible from McCormick Avenue, and most people recog- nize Red Hill Avenue as a main thoroughfare. Vice -Mayor Hornbuckle commented that if there is a low traffic volume to the site as indicated by the Director of Public Services, it appears that a deceleration lane should be permitted as an alternate to an abrupt turn at the intersection at McCormick Avenue. The Public Services Director responded that the concern is that others on Red Hill Avenue will offer the same argument. Vice Mayor Hornbuckle asked if the driveway could be designated as an entrance only. Mr. Brown responded that it may be feasible; however, people usually exit by the same route by which they entered. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the applicant's request. There being no other speakers, the Mayor closed the public hearing. Council Member Schafer reported that it had taken 15 minutes for her to locate the subject site. MOTION A motion was made by Council Member Schafer, seconded ZE-83-175A by Council Member Hall, -to approve the driveway on Red Approved Hill Avenue in conjunction with the driveway on McCormick Avenue, based on the following findings: the intent will not be detrimental to the surrounding area nor to the subject property; the island on Red Hill Avenue allows only a right turn for southbound 395 traffic; the applicant has submitted a traffic study stating that the,proposed deceleration lane and right-in/right-out driveway will not adversely impact the traffic on Red Hill Avenue; the building requires an identity on Red Hill Avenue; and approval is subject to the,following conditions: (1) applicant shall prepare improvement plans and construct subject driveway utiliz- ing a deceleration,lane and street type entrance design under the direction of.the Public Services Director; (2) ,applicant shall obtain,an Engineering Division permit prior to construction within the public right- of-way;,and (3) applicant shall prepare improvement plans, and when the need arises, construct a traffic signal at the intersection of Red Hill Avenue/Pullman Street/Airport I.00p Drive under the direction of the Public Services Director. Condition Anended After discussion, Council Member.Schafer amended the motion by changing Condition No. 3 to state that prior to construction, the applicant shall submit to the City a cash deposit for 50 percent of the cost of the traffic signal.. The amended motion was seconded by Council Member Hall, and thereafter further discussion ensued. Vice Mayor Hornbuckle reiterated her desire for an entrance -only driveway. Council Member Wheeler agreed with that concept because he felt vehicles turning right onto Red Hill Avenue will impede traffic. The.anended motion to approve the project carried 4-1, Council Member Wheeler voting.no. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-84-168/ set for the public hearing to consider an appeal of the RA-84-15/Verdult Redevelopment Agency's decision for Zone Exception ZE-84-168/Redevelopment Action:RA-84-15 fran Winston Verdult, 1761 Newport Boulevard, Costa Mesa, for a Conditional -Use -Permit to allow auctions in conjunction with an existing jewelry shop; a variance from parking requirements; and a variance from landscaped setback requirements, located.at.the above address in a C2 zone. Environmental Determination:, Exempt. The Affidavit of Mailing is on file in the.Clerk's office. A camunication has been received frau Jeff Martin, 589 Park. Drive, Costa Mesa, opposing the parking vari- ance. Because of a family emergency, the applicant requested that the.,public hearing be continued to the meeting of November 18, 1985.. Mark Korando, 582 Park Drive, Costa Mesa, spoke in opposition to the variance because of the congested parking conditions which now exist in that area. Mr. Korando mentioned that approximately 18 vehicles are being stored at the rear of the subject building and that prevents anyone from parking in that lot. He also informed the Council that the recently installed fence is on the property line and causes a sight distance problem for vehicles exiting the property. Vice Mayor Hornbuckle requested staff to investigate the information provided by Mr. Korando and to have their findings available at the November 18 meeting. MOTION Council Member Hall made a motion to continue this item Held Over to .November 18, 1985, as requested by the applicant. The motion was seconded by Council Member Wheeler, and carried 5-0. 396 PUBLIC HEARING The Clerk announced that this was the time and place Council Review of set for the public hearing for Council review of the PA -85-128 Planning Commission's approval of Planning Action Ellis/Fainbarg PA -85-128, Richard Ellis; 3175 Airway Avenue, Costa Mesa, authorized agent for Allan Fainbarg, 2323 North Tustin Avenue, Suite L, Santa Ana, for a variance from parking -requirements to allow use of required parking spaces to park trucks and trailers in conjunction with a moving and storage -business at 3175 Airway Avenue in an MP zone. Environmental 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 -October 15, 1985, which states that staff recommended denial because the site had already been granted a substantial parking variance in the past (113 spaces required, 37,spaces provided) and because inade- quate parking remained on the site due to storage of trailers and the restriction of parking in former spaces. _ The Planning Commission approved the request for six months based in part on the fact that the City's Code and -standards do not specifically address the parking and truck storage needs of trucking busi- nesses. The Ccmmission recommended that the ordinance be reviewed during the six-month approval period. The Director also reported that complaints had been received from adjacent property owners to the west because applicant's truck drivers were using their lot to access the subject property although permission to do so had not been granted. In response to'Council Member Schafer's question, the Development Services Director stated that a loading dock off McCormick Avenue was added without City approval and it blocks access to the parking spaces. Ron Larson, Cor -o -van, 3175 Airway Avenue, representing the authorized agent, reported that the loading dock was there when he leased the property from Mr. Fainbarg. In response to questions from Council Member Hall, Mr. Larson explained the use of the property for loading and unloading; parking, and storage of trailers. While answering questions from Council Member Wheeler, Mr. Larson stated that the illegal signs have been removed, a smaller dumpster is now located within the enclosure, and employees park on the street or in avail- able parking spaces. Sid Soffer, 900 Arbor Street, Costa Mesa, disagreed with the City's Code concerning parking requirements, and commented that if the curb is not painted red, it is not illegal to park on the street. There being no other speakers, the Mayor closed the public hearing. Based on -the findings of staff, Council Member Wheeler moved to deny the permit and to direct the applicant to correct all illegal conditions within 60 days. The motion died for lack of a second. MOTION A motion was made by,Council Member Hall, seconded by PA -85-128 Council Member Schafer, to approve Planning Action Approved PA -85-128 as recommended by the Planning Commission, subject to all conditions as modified by the Planning Commission at their meeting of September 10, 1985, and based on the following findings: a business license cannot be issued for a business other than a storage, or 397 a van and storage, organization; the building is not useful for any type of high,labor intensive operations; the business owner/applicant, as is so indicated, has worked out any differences with the adjacent property owners and has overcome their previous objections, obvious by the fact that no public comment in opposition to the item has been received tonight; and based on the fact that if Council does not want to issue the permit, the applicant will be put out of business. Council Member Wheeler disagreed with the findings stating that the Staff Report indicates that complaints had been received from the adjacent property owners; a parking variance had been granted in the past; the Staff Report indicates the applicant has not worked with the community; parking is a problem; and by having his employees park on the street, the applicant is using the streets for his private gain. Council Member Hall reiterated that no one was present at the meeting this evening to oppose the application, no communications were received in opposition, and the only negative comments were received by phone calls to the Planning staff. He stated that employees have the privilege of parking on the street if they so wish. Referring to one of the slides, Council Member Hall pointed out that there are no cars parked in front of the subject building, only three vehicles are parked on the street in front of the adjacent business, and there are cars parked in front of other businesses on Airway Avenue. Council Member Hall commented that possibly the parking variance should not have been granted in 1972; however, it was granted; the permitted use is for stor- age; and to deny the applicant use of the building for which it had been approved would be inverse condemnation of the building. Council Member Wheeler responded that the argument is not that the employees cannot park on the streets, but if the argument is taken to its logical conclusion, Council would do away with parking requirements and allow a developer to build without requiring any parking because his employees can always park on the streets. He stated that obviously some kind of balance must be reached and it is not being reached in this instance. Council Member Wheeler commented that the balance was not reached when the massive variance was granted in the first place, and that there seems to be some sort of argument that because the variance was granted in the first place, we should go ahead and make the situation worse by allowing further parking to be decreased. He stated that he did not believe that Council can go by one photo and say this is the condition as it exists at the worst times. He mentioned that he gives as much credence to people who call and complain about a prob- lem as those who cane before the Council, and concluded his statements by stating that he would vote against the application because to approve it would make a bad situation worse. Council Member Hall responded that again, as far as the adjacent property owners are concerned, none of them were concerned enough to appeal this matter, and Council Member Wheeler was the one who asked to bring this before the Council after the Planning Commission had approved it, and that he did not understand Council Menber'Wheeler had this item brought up for review after the Commission made a good decision on the application. Council Member Hall stated again that he agrees that there was a mistake made by granting the parking vari- ance orginally. 398 The Mayor called for the vote on the motion to approve Planning Action PA -85-128. The motion carried 3-2, Council Members Hornbuckle and Wheeler voting no. Council Member Wheeler requested that he be allowed to make further camments on this item. He explained that the reason he asked for this matter to be reviewed by the Council is because the application was approved by a 3-2 vote of the Planning Commission. He stated that he did not believe a 3-2 vote by an administrative body was a clear-cut decision in the least, and that these types of decisions deserve the attention of the Council. RECESS The Mayor declared a recess at 10:45 p.m., and the meet- ing reconvened at 10:55 p.m. PUBLIC HEARING The Clerk announced,that this was the time and place Residential Noise set for the public hearing to consider an amendment to Ordinance the ordinance concerning residential noise control. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director summarized staff's memorandum of October 161, 1985, and reported that the City's noise ordinance, adopted in 1984, inadvertently anitted the exemptions for construction activities during'certain hours of the day and for emergency work and equipment. Because it is not practical to construct buildings or undertake emergency repairs without exceed- ing the specified noise limits, staff recommended that the previous exemptions be reinstated. As indicated in the ordinance, emergency machinery, vehicles, or work would be exempt from noise limita- tions. Construction equipment, vehicles, or work would be exempt between the hours of 7:00 a.m. and 8:00 p.m. There was a misconception in the previous ordinance that construction could not take place between 8:00 p.m. and 7:00 a.m. when, in fact, construction can take place any time of the day or night but it is subject to the limi- tations of the noise ordinance during the latter hours. In concluding his summary, the Director stated that the revised ordinance adopted in 1984 contained a specific section relating to noise variances (Section 14-720). Minor modifications are proposed to this section to make it consistent with variance processing and fee provi- sions contained elsewhere in Title 13. The Planning Camnission recommended adoption of the amendments. There being no speakers, the Mayor closed the public hearing. A motion was made by Council Member Wheeler to adopt . the Negative Declaration of Environmental Impact, and to give first reading to Ordinance 85-33 with the fol- lowing modifications Change Section 13-725(b) to read: "Construction equipment, vehicles or work between the hours of 8:00 a.m. (instead of 7:00 a.m) and 7:00 p.m. (instead of 8:00 p.m.), provided that all required permits for such construction, repair or remodeling have been obtained frau the appropriate City departments. The motion died for lack of a second. MOTION On motion by Council Member Hall, seconded by Council Ordinance 85-33 Member Schafer, the Negative Declaration of Environ - Given First Reading mental Impact was adopted; and Ordinance 85-33, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING RESIDENTIAL NOISE, as presented, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall Wheeler ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Supplemental EIR set for the public hearing to consider the Supplemental and ZE-81-206A Environmental Impact Report (EIR) and Zone Exception City of Costa Mesa ZE-81-206A, City of Costa Mesa, for an amendment to the Master Plan for the Costa Mesa Civic Center, to allow addition of a fire station containing 7,100 square feet for property located at 2450 Vanguard Way in an I and R zone. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director referred to staff's memorandum of October 9, 1985, reporting that the EIR is a supplement to the.Civic Center Ccmplex Expansion EIR for the heliport and Communications building which was certified in January, 1982. As discussed in the Supplemental EIR, fire personnel will use sirens on Vanguard Way, where there are adja- cent residential areas, only when it is. necessary to warn traffic. As a result, potential adverse noise impacts should be substantially reduced, particularly at night when there are fewer cars on the streets. The fire station will increase the central City fire protec- tion and paramedic service, and this benefit should offset the noise impacts generated by emergency vehicle sirens. The Planning Commission recommended certifica- tion of the Supplemental EIR and approval of ZE-81-206A, subject to conditions contained in the Staff Report. In response to comments received on the draft EIR, staff has recommended that the following mitigation measures be added as Conditions of Approval: Condition No. 26 - The landscape plan shall indicate deciduous trees to be planted along windows facing south to the greatest extent possible as an energy conservation measure. Condition No. 27 - If feasible, solar hot water heat- ing shall be incorporated into the design of the fire station. Condition No. 28 - Prior to issuance of building per- mits, a flow analysis shall be ccmpleted for the Costa Mesa Sanitary District demonstrating the capacity of the sewer lateral serving the site. If the sewer capacity is not sufficient to serve the fire station, sewer system improvements, as determined necessary by the Costa Mesa Sanitary District, shall be made. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hall, seconded by EIR Certified and Council Member Schafer, to certify the Supplemental ZE-81-206A Approved Environmental Impact Report (EIR) as accurate and ccan- plete; and to approve Zone Exception ZE-81-206A, subject to all conditions and based on the analysis and findings contained in the Staff Report and the recommendation of the Planning Commission, and with the addition of Condi- tions No. 26, No. 27, and No. 28. Council Member Wheeler disagreed with the motion because he felt the mitigation measures are inadequate in that the fire and paramedic personnel will need to use the sirens for emergencies to avoid liability, and this will severly impact the surrounding neighborhood for a long distance. In addition, Council Member Wheeler commented that the Costa Mesa Fire Department is one of the finest in the Country as shown by,the City's insurance ratings, and in view of this, he felt that the $750,000.00 would be better spent for roads, increased police services, parks and recreation, or flood control. He stated that if another fire station is needed, it should be located in the South Coast Plaza area where the high-rise buildings have created a great danger for catastrophe. Mayor Hertzog responded that one new fire station is being planned for the Metro section and another station for North Harbor Boulevard. The motion to certify the EIR and approve the applica- tion carried 4-1, Council Member Wheeler voting no. NEW BUSINESS The Clerk presented Planning Action PA -85-171, Gerald R. Anderson, Anderson Surveying, 1442 East Irvine Boule- PA-85-171 vard, Tustin, authorized agent for Mobil Oil Corpora- Anderson/Mobil Oil tion, 612 South Flower Street, Los Angeles, for a Conditional Use Permit to remodel and expand an existing gasoline station, to rebuild the canopy, and to add a convenience store at 3195 Harbor Boulevard in a Cl zone. Environmental Determination: Exempt. The Development Services Director reviewed staff's memorandum of October 16, 1985, noting that although the project was approved by the Planning Commission at its October 15 meeting, the Cc mission forwarded the appli- cation to the City Council for a policy determination regarding the sale of alcoholic beverages (beer and wine) at gasoline station mini -markets. The Planning Commission directed staff to investigate the issue of alcoholic beverage sales at gasoline sta- tion mini -markets to determine if there are any studies linking alcoholic beverage sales at service stations with traffic accidents. Indications are that 10 percent of California cities now prohibit such sales and many more cities are now considering similar restrictions. Additionally, Assembly Bill 1433 has been introduced in the State legislature to prohibit alcoholic beverage sales at gas station mini -markets. The Commission directed staff to prepare an ordinance prohibiting the further sale of alcoholic beverages at gas station mini -markets. One of the decisions which must be made is whether or not existing mini -markets will be "grandfathered". Staff recommends against the adoption of an ordinance which applies to existing mini - markets. Don Robbins, 17822 East 17th Street, Tustin, represent- ing Mobil Oil Corporation, was present to answer ques- tions frcam the Council. Responding to Mayor Hertzog's question, Mr. Robbins stated that in the two instances where a city denied the request to sell alcoholic bever- ages, he cancelled the entire remodeling project. Bob Hanson, 3261 Oregon Avenue, Costa Mesa, reported that he lives in the neighborhood of the subject project and was opposed to the sale of alcoholic beverages at that site. He reported that there is a 7-11 store and an Arco gasoline station in the immediate area that sell alcoholic beverages. 401 Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the applicant's request. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by PA -85-171 Approved; Mayor Hertzog, to approve PA -85-171 subject to all Sale of Alcoholic conditions contained in the Staff Report and with the Beverages Prohibited addition of Condition No. 29, prohibiting alcoholic beverage sales at the gas station mini -market. Council Member Hall stated that he is opposed to drink- ing alcoholic beverages in vehicles; however, he suggested a modification of Condition No. 29: Approval for the sale of alcoholic beverages for consumption on or off premises shall be held in abeyance until action on AB 1433 has been concluded. He stated that if the State pre-empts local control in this matter, then the staff's efforts will have been in vain. Vice Mayor Hornbuckle responded that she did not agree with the modification of the condition because she felt that the Council must make their position clear to the public, regardless of the outcome of AB 1433. Council Member Wheeler was of the opinion that the pend- ing legislation is no reason to delay action on this item. He reported that in eight years in the legal profession, not once did a defendant purchase the alcoholic beverage at a gasoline station mini -market. He also commented that the prohibition would set up discrimination between those businesses already approved to sell alcoholic beverages and the new businesses. The motion by Vice Mayor Hornbuckle carried 3-2, Council Members Hall and Wheeler voting no. MOTION Staff Directed to A motion was made by Vice Mayor Hornbuckle, seconded by Prepare Ordinance Mayor Hertzog, directing staff to prepare an ordinance prohibiting the sale of alcoholic beverages at gasoline station mini -markets exempting existing mini -markets. The motion carried 3-2, Council Members Hall and Wheeler voting no. PA -85-173 The Clerk presented Planning Action PA -85-173, Dick All American Seismore, All American Asphalt, Post Office Box 2229, Asphalt/State of Corona, authorized agent for the State of California, California Department of Transportation, Post Office Box 85406, San Diego, for Conditional Use Permits for outdoor work for storage and crushing of asphalt, and for an asphalt processing company on Newport Boulevard between the 55 Freeway and Mesa Drive. Environmental Determination: Negative Declaration. The Planning staff and Planning Commission recommended denial. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council PA -85-173 Member Wheeler, and carried 4-1, Council Member Hall Denied voting no, PA -85-173 was denied based on the recommenda- tions of the Planning Commission and staff, and based on the findings and analysis contained in the Staff Report. Speed Limit on The Clerk presented a request from the Traffic Commis - South Coast Drive sion to establish a speed limit on South Coast Drive. The Director of Public Services reported that the Traffic Commission recommended posting of a 45 -mile - per -hour speed limit from Fairview Road westerly, and a 40 -mile -per -hour speed limit from Fairview Road easterly. The Commission also recommended a review of these limits six months after posting to insure appro- priate compliance. 402 Mayor Hertzog expressed her preference for a speed limit of 40 miles per hour for the entire street. MOTION On motion by Council Member Hall, seconded by Council Ordinance 85-34 Member Schafer, Ordinance 85-34, being AN ORDINANCE OF Given First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 10-332 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO ESTABLISH SPEED LIMITS ON SOUTH COAST DRIVE, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: Hertzog ABSENT: COUNCIL MEMBERS: none Revisions to Speed The Clerk presented revisions to the speed limit ordi- Limit Ordinance nance to eliminate inconsistencies with currently posted speed limits on Fairview Road, Ludington Street, Anton Boulevard, and Sakioka Drive. MOTION On motion by Council Member Hall, seconded by Council Ordinance 85-35 Member Wheeler, Ordinance 85-35, being AN ORDINANCE OF Given First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 10-332 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO ESTABLISH SPEED LIMITS ON FAIRVIEW ROAD,'LUDINGTON STREET, ANTON BOULEVARD, AND SAKIOKA DRIVE, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MR14BERS: Hertzog ABSENT: COUNCIL MEMBERS: None Gann Limitation A motion was made by Council Member Wheeler to place the following question on the November, 1986, ballot: "Shall the City of Costa Mesa eliminate residential property taxes?" Yes or no. The motion was seconded by Vice Mayor Hornbuckle. Council Member Hall asked for a legal opinion on the split roll. The City Attorney responded that because this item is very complex, he would need a few weeks to research the matter and to present the Council with a written opinion. Council Member Schafer stated that it was her opinion that commercial and residential revenues should be treated equally, and as far as placing the matter on the ballot, she felt that the Council should hold a study session to determine what alternatives are avail- able. Council Member Wheeler stated that the rational basis for the distinction between cammercial and residential property taxation and the Gann Limitation is the fact that the overabundance of Commercial development in the City severely impacted the residential neighborhoods in terns of air quality, traffic, noise, and other types of pollution. Since the commercial sector has created the problem for the residential sector, it seems the bene- fits should flow to the residents and not to the commer- cial sector. He also stated that even if this City does not pass its Gann limit, there is still an opportunity to cut the size of government. Mayor Hertzog responded that the Council agreed that there was enough time to put the item on the ballot after the necessary study has been completed. 1 Council Member Hall ccmYmented that the intimation has been made that if we don't vote for the motion, we are against letting the voters decide on the issue of spending their taxes. The Gann Limitation Initiative specifically states that when a certain limitation is reached, the voters decide how they want the money spent. Elimination of the residential property tax has been proposed. If every Council Member could place every idea he ever had on the ballot, we could probably come up with 10 or 15 different ideas and it would be confusing to the voters. At this point in time, to make a decision to put this item on the ballot may possibly be a disservice to the voters. He mentioned that at the goal setting session a couple of months ago, one of the items he brought up for investigation was the Gann Limitation, recognizing the fact that the City would be reaching its appropriations limit. As far as the Gann Limitation is concerned, there is a period of two years from the time we reach our appropriations limit to make a decision, either to appropriate it back to the tax- payers, to do nothing and let it return to the State, or go to the voters and have the appropriation limit increased. He stated that he preferred to leave the options open, study the issue, and present to the voters that which willbe most beneficial at the appropriate time. The Mayor pointed out that the Council meetings will be televised when cable installation has been completed throughout the entire City. Gann Limitation Council Member Hall stated that he had another cc went concerning commercial and residential property taxes. In any business, taxes become a part of the operating expenses along with the amount added for profit, and if the Council wants to save money for the consumer, then business taxes should be eliminated so that consumers will pay less for their goods. Senior Citizens Committee MOTION Alternate Member Appointed ADJOURNMENT Vice Mayor Hornbuckle announced that there are two open- ings on the Senior Citizens Cciramittee for alternate members and that one application has been received. The Vice Mayor made a motion to appoint Maita Linehan as an alternate member of the committee. The motion was seconded by Council Member Hall, and carried 5-0. The Mayor declared the ATTEST: -- meeting adjourned at 11:55 p.m. r of the Zitya Mesa ` Cry Clerk of the City of Cost esa The motion by Council Member Wheeler failed to carry 3-2, Council'Members Hertzog, Schafer, and Hall voting no. COUNCILMANIC COMMENTS Council Member Wheeler stated that he has been informed by John Merritt, Copley/Colony Cablevision of Costa Televised Council Mesa,.that he has investigated the installation of Meetings television cameras in the Council Chambers and that it can be done very quickly upon request of this Council. Council Member Wheeler made a motion to have a letter sent to Copley/Colony asking them to televise the Council meetings as soon as possible. The motion died for lack of a second. The Mayor pointed out that the Council meetings will be televised when cable installation has been completed throughout the entire City. Gann Limitation Council Member Hall stated that he had another cc went concerning commercial and residential property taxes. In any business, taxes become a part of the operating expenses along with the amount added for profit, and if the Council wants to save money for the consumer, then business taxes should be eliminated so that consumers will pay less for their goods. Senior Citizens Committee MOTION Alternate Member Appointed ADJOURNMENT Vice Mayor Hornbuckle announced that there are two open- ings on the Senior Citizens Cciramittee for alternate members and that one application has been received. The Vice Mayor made a motion to appoint Maita Linehan as an alternate member of the committee. The motion was seconded by Council Member Hall, and carried 5-0. The Mayor declared the ATTEST: -- meeting adjourned at 11:55 p.m. r of the Zitya Mesa ` Cry Clerk of the City of Cost esa