Loading...
HomeMy WebLinkAbout11/04/1985 - City CouncilC11.4 ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 4, 1985 The City Council of the City of Costa Mesa, California, met in regular session November 4, 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, and Invocation by the Reverend Paul Thomas, Church of Christ. Council Members Present: Council Members Absent: Officials Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler None City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Council Member Schafer, seconded by Council October 21, 1985 Member Wheeler, and carried 5-0, the minutes of the regular meeting of October 21, 1985, were approved. ORDINANCES A motion was made by Council Member Hall, seconded by. Council Member Wheeler, and carried 5-0, to read all ordinances by title only. PROCLAMATION Mayor Hertzog read a proclamation declaring the month of Alzheimer's Disease November, 1985, as "Alzheimer's Disease Public Awareness Public Awareness Month". The proclaanation was presented to Paula Hess, Month Orange County Chapter, Alzheimer's Disease and Related Disorders Association, Incorporated, Costa Mesa. REPORT Bill Bandaruk, 2448 Andover Place, Costa Mesa's repre- Vector Control sentative on the board of the Orange County Vector District Control District, presented his annual report concerning the District. He mentioned that the District operates on an annual budget of $2 million and assists in the control of mosquitos, flies, rats, squirrels, raccoons, etc. Mr. Bandaruk reported that in the City of Costa Mesa, the District responds to approximately 10 citizen complaints per month regarding mosquitos, and 58 calls concerning rats. He summarized the routine inspections made annually by the District. Mayor Hertzog made the following announcement: Old Business Item No. 4, Interpretation of the Sign Ordi- nance, will be removed from the Agenda; and Public Hearing No. 5, Appeal of Planning Action PA -85-164 will be continued to November 18, 1985. ORAL Paul Hacker, 1943 Whittier Avenue, Costa Mesa, commented COMMUNICATIONS on the 16 -unit project being developed by Cal -American Development Financial Corporation on the "McClellan" property located on Sundance Drive adjacent to Canyon Development Park. Mr. Hacker asked if there were certain staff Adjacent to members responsible for enforcing the Conditions of Canyon Park Approval for the project. The City Manager replied that Development Services and Public Services personnel carry out that duty. Mr. Hacker commented that from what he has observed, the developer may not be conforming to the conditions. Vice Mayor Hornbuckle responded, that the Council has not ignored the concerns.of.the-home- owners, staff has been investigating the matter, and the homeowners will be receiving a response from the City. 1 Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, stated that it appears the developer is not following the guidelines set forth for the project. He asked why the developer deposited 6,200 square feet of dirt into Canyon Park, and if it was done with City permission. Denise Curry, President of the Mesa West Homeowners Association, 1851 Parkglen Circle,'Costa Mesa, reported that she has received conflicting information from staff regarding this development. The City Manager responded that the property owners' concerns are being addressed and a response will be forthcoming shortly. Council Meeting Denise Curry, 1851 Parkglen Circle, Costa Mesa, stated Decorum that she had submitted a letter to the Mayor approxi- mately two weeks ago regarding the decorum at Council meetings. Ms. Curry asked for a written response. PA -85-147 Douglas Yates, 274 Cecil Place, Costa Mesa, voiced his Johnson objections to Council's decision for Planning Action PA -85-147, for Gary Johnson, 268 Flower Street. At the meeting of September 16, 1985, the Council approved an addition to a nonconforming second unit in an Rl zone. Mr. Yates was of the opinion that this action has set a dangerous precedent and that these additional multiple -family dwellings result in more vehicles being parked on the street. Council Member Wheeler announced that he voted against the application. General Plan Amend- Jerry Odegaard, 6447 Via de La Reina, Bonsall, referred ment for 221-1/2 to a General Plan Amendment which was approved in 1982, Avocado changing the land use designation at 221-1/2 Avocado Street from commercial to residential. The site is adjacent to Mr. Odegaard's commercial property. Mr. Odegaard reported that at the time the application was approved, the City indicated that when the residential property is developed, mitigating measures would be taken so that his commercial property would not be adversely affected. He advised that grading has now begun at 221-1/2 Avocado Street and asked what miti- gation measures will be taken. The Development Services Director responded that Mr. Odegaard can file for a variance. Mayor Hertzog advised Mr. Odegaard that staff will investigate the matter and he will be contacted. Redevelopment Sid Soffer, 900 Arbor Street, Costa Mesa, stated that it Area Expansion has been brought to his attention that the City is now deciding on whether or not to expand the Redevelopment area to include property containing approximately 600 acres and which is bordered by Arbor Street, Newport Boulevard, Whittier Avenue, and the Super Block. Coun- cil Member Schafer responded that the City has been discussing Project Area No. 3 for West 19th Street and offered to give Mr. Soffer a map of the discussion area. DR -85-30 Sid Soffer, 900 Arbor Street, Costa Mesa, stated that Soffer he had received a copy of a Planning staff memorandum dated November 4, 1985, concerning Development Review DR -85-30, for his property at 540 Bernard Street. Mr. Soffer expressed disagreement with the contents of the memorandum and commented that staff has too much authority. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 4(c), Award of contract for construc- tion of Landscaped Street Median on Golf Course Drive; Item 8(a), Agreement with Corporate Center Associates in connection with the Santa Ana -Delhi Storm Drain; and Item 8(b), Agreement with Raymond Crisp, for consultant services. A() On motion by Vice Mayor Hornbuckle, 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, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None QRiIM1iDWI COMMUNICATIONS . On motion by Vice Mayor Hornbuckle, seconded by Council Speeding Vehicles Member Wheeler, and carried 5-0, a recommendation from on Oriole Drive James W. Gaube, 1812 Oriole Drive, Costa Mesa, to install "pavement undulations" on Oriole Drive to pre- MOTION/Referred to vent excessive speed of vehicles, was referred to the Traffic Commission Traffic Commission. READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the following Reading Folder items were .received and processed: Claims Claims received by the City Clerk: Pamela Ann Huehn; Attorney John A. Luetto on behalf of Mark R. Jamieson; Debra S. Rowe on behalf of Shari Ann Rowe, a minor; Denise Shillito; and Holroyd Way-Mostyn Watkins. Local Agency Notices of public hearings from the Local Agency Formation Formation Commission concerning the following annexa - Commission tions: Proposed Reorganization No. 85 (detachment from Costa Mesa Sanitary District and annexation to Irvine Ranch Water District). Proposed annexation to the City of Newport Beach, designated Bayview Annexation, for property located at the southwest corner of Jamboree Road and Bristol Street. Swan Drive Letter from Barbara A. Kraiss, 2725 Albatross Drive, Closure, Costa Mesa, thanking the Council for authorizing the closure of Swan Drive at Placentia Avenue. REJECTED CLAIMS On motion by Vice Mayor Hornbuckle, seconded by Council Flaherty Member Wheeler, and carried 5-0, the claim from Eliza- beth Flaherty was rejected. Hill On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Lisa H. Hill was rejected. Hopkins On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Terry E. Hopkins was rejected. Maxa On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Gwendo- lyn Maxa was rejected. Mullin On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Marlo Mullin was rejected. Paladines On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Evelyn Paladines was rejected. Smith On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Deborah Smith was rejected. 1 ADMINISTRATIVE Bids received for Bid Item 690, Furnish Various Trucks, ACTIONS are on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, Bid Item 690 contracts were awarded as follows: Various Trucks Exhibit "A", one step -side pick-up truck, awarded to MOTION GMC.Truck and Bus Group, 6901 South Alameda Street, Awarded to GMC Truck Los Angeles, for $9,960.82; and Bus; Connell - Chevrolet; and Exhibit "B", two extended cab trucks with animal con - De Anza Chevrolet trol bodies, awarded to Connell Chevrolet Company, 2828 Harbor Boulevard, Costa Mesa, for $34,441.52; -Exhibit-"C", one two -yard dump truck, awarded to De Anza Chevrolet, 8200 Auto Drive, Riverside, for $16,187.34. 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 Harbor/Maple Stoma Bids received for Construction of the Harbor/Maple Storm Drain Drain, Phase I, are on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member Wheeler, the.contract was awarded to Advanco Awarded to Advanco Constructors, Incorporated, 1500 West Ninth Street, Constructors Upland, for $1,216,316.00. The motion carried by the following roll call vote: AYES: ODUNCIL.MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements for Improvements for Development Review DR -83-04 have been DR -83 -04/U -Haul completed to the satisfaction of the Director of Public Company Services by U -Haul Company, 920 West Commonwealth Ave-. nue, Fullerton, for property located at 2680 Newport MOTION Boulevard. On motion by Vice Mayor Hornbuckle, seconded Work Accepted 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 for Improvements for Zone Exception ZE-84-89 have been ZE-84-89/Mesa completed to the satisfaction of the Director of Public Breeze Apartments Services by Mesa Breeze Apartments, Limited, 23201 Lake Center Drive, Suite 200, E1 Toro, for property located MOTION at 867 West 19th Street. On motion by Vice Mayor Work Accepted Hornbuckle, seconded by Council Member Wheeler, the work was accepted and the cash deposit was ordered exoner- ated. 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 SB 821 Funds for On motion by Vice Mayor Hornbuckle, seconded by Council Bicycle/Pedestrian Member Wheeler, Resolution 85-93, being A RESOLUTION OF Plan THE CITY COUNCIL,OF THE CITYOF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN MOTION FUNDS AUTHORIZED UNDER SENATE BILL 821 AND APPROVING Resolution 85-93 THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN, was Adopted adopted by the following roll call vote: 408 Agreement/Dymon Del Mar Avenue Widening MOTION Agreement Approved Agreement/City of Santa Ana Signal Maintenance at Sunflower/ Fuchsia/Raitt MOTION Agreement Approved .AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Director of Public Services has reccmended approval of an agreement with Stephen J. I7ymon, 150 Del Mar Ave- nue, Costa Mesa,.for acquisition of property at the above address for the Del Mar Avenue widening. The agreement stipulates payment by the City of $128,000.00 for the land and improvements. On motion. by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, 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 The Director of Public Services has recommended approval of a.joint traffic signal maintenance agreement with the City of Santa Ana for Sunflower Avenue at Fuchsia/Raitt Streets.. Maintenance costs will be shared on the basis of the number of legs approaching the intersection with- in each.city: 25 percent for Santa Ana, and 75 percent for Costa Mesa. On motion by Vice Mayor Hornbuckle, seconded by Council Member -Wheeler, 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 Camp Fire Council A request has been received from Orange County Council Request for Funds of Camp Fire, Incorporated, 513 East First Street, ' Tustin, for a donation of $2,000.00 from General Revenue MOTION Sharing funds to provide the "I Can Do It" program at MOTION Pomona and Whittier elementary schools. On motion by Funds Authorized Vice Mayor Hornbuckle, seconded by Council Member Wheeler,.funding was approved, and staff was authorized to execute a Secondary Recipient Agreement. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Change Order No. 3 NOES: COUNCIL MEMBERS: None Artistic Landscape ABSENT: COUNCIL MEMBERS: None Refund to California A request has been received from California Pacific Pacific Properties Properties, 3401 West Sunflower. Avenue, Suite 250, Santa 1 Ana, for refund of plan check fees for $24,562.20 in South Coast Plaza II connection with the South Coast Plaza II Mall project. Plan Check No. 634 was canceled and resubmitted as MOTION accelerated Plan Check No. 705-85A. On motion by Vice Refund Approved Mayor Hornbuckle, seconded by Council Member Wheeler, the refund was approved by the following roll call vote: AYES: _COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 3 The Director of Public Services has requested approval Artistic Landscape of Change Order No. 3 for $4,246.81, in conjunction with the contract with Artistic Landscape and Engineering, Fairview Bike Trail, Incorporated, 8445 Dearborn.Avenue, South Gate, for Phase I construction of.Fairview Bike Trail, Phase I. The 1 409 change order is for the addition of three barrier posts for the temporary terminus of the bike trail near the MOTION City Corporation Yard. On motion by Vice Mayor Horn - Change Order buckle, seconded by Council Member Wheeler, the change Approved order was approved 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 Construction of Fairview Bike Trail, Phase I, has been Fairview Bike Trail, completed to the satisfaction of the Director of Public Phase I/Artistic Services by Artistic Landscape and Engineering, Incor- Landscape porated, 8445 Dearborn Avenue, South Gate. On motion by Vice Mayor Hornbuckle, seconded by Council Member MOTION Wheeler, the work was accepted; the Clerk was authorized Work Accepted to filea Notice of Completion; authorization was given to release retention funds immediately; the Labor and Material Bond was ordered exonerated 7 months after the Notice of Completion has been filed; and the Performance Bond was ordered exonerated 12 months after the Notice of Completion has been filed. 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 Construction of corrective measures necessary for the Civic Center HVAC Civic Center Heating, Ventilation, and Air Conditioning System, Phase I/ (HVAC) System, Phase I, has been ccr_mpleted to the satis- Honeywell faction of the Director of Public Services by Honeywell, Incorporated, 3176 Pullman Street, Suite No. 109, Costa MOTION Mesa. On motion by Vice Mayor Hornbuckle, seconded by Work Accepted Council Member Wheeler, the work was accepted; the Clerk was authorized to file a Notice of Completion; after the Notice of Completion has been filed, Council authorized release of retention funds 35 days thereafter; exonera- tion of the Labor and Material Bond 7 months thereafter; and exoneration of the Performance Bond 12 months there- after. 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 Business Permit for Notice of Intention to Appeal or Solicit for Charitable Spanish Seventh Day Purpose has been received from Spanish Seventh Day Adventist Church Adventist Church, 271 Avocado Street, Costa Mesa, by door-to-door solicitation from November 15, 1985, to MOTION January 11, 1986. On motion by Vice Mayor Hornbuckle, Permit Approved seconded by Council Member Wheeler, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). Golf Course Drive Item 4(c) on the Consent Calendar was presented: Award Landscaped Median of contract for Construction of the Landscaped Street Median on Golf Course Drive between Mesa Verde Drive East and Tanager Drive. Mr. J. L. Fredrick, 2775 Mesa Verde Drive East, Apart- ment 5-104, Costa Mesa, who had obtained signatures of residents opposing the median for Golf Course Drive, again asked the Council to reconsider the project. He felt that the amount of money which has been spent in the past, and which will be spent for the new median, is excessive. Mr. Fredrick also commented that the proposed median will impair maneuverability of emergency vehicles. o A motion was made by Council Member Hall to continue this item to investigate the cost. The motion died for lack of a second. MOTION On motion by Council Member Wheeler, seconded by Council Awarded to Walsh Member Schafer, the contract was awarded to Walsh Engi- Engineering neering Company, 1124 North Richfield Road, Anaheim, for $59,571.50. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Wheeler NOES: COUNCIL MEMBERS: Hall ABSENT: COUNCIL MEMBERS: None Agreement/Corporate Item 8(a) on the'Consent Calendar was presented: A Center Associates reimbursement agreement with Corporate Center Asso- ciates,,3401 West Sunflower Avenue, Suite 250, Santa Santa Ana -Delhi Ana, in connection with the Santa Ana -Delhi Storm Drain. Storm Drain The agreement provides for reimbursement of approxi- mately $191,879.35 to the City for work on the storm drain at the Corporate Center site, located at the northeast corner of Bristol Street and Paularino Avenue. Council Member Wheeler stated that since he has not seen the Hydrology Report nor the agreement, he preferred to continue the item untilhe has reviewed these documents. MOTION A motion was made by Council Member Wheeler, seconded Held Over by Vice Mayor Hornbuckle, to continue this item to November 18, 1985. The motion carried 4-1, Council Member Hall voting no. Agreement/Crisp Item 8(b) on the Consent Calendar was presented: An agreement with Raymond Crisp, 1783 West Greenleaf Ave- Ccimunity nue, Anaheim, at a rate not to exceed $30.00 per hour, Development for consulting services relative to the City's Housing Consultant and Community Development Program. The consultant will be replacing the full time employee who will be on a leave of absence for approximately three months. Council Member Wheeler was opposed to the contract since it calls for an hourly rate much higher than that paid to the regular employee. Council Member Wheeler made a motion to refer this item back to the Ccam►unity Development Division so that staff can solicit others to perform at the rate now being paid to the -permanent employee. The motion died for lack of a second. MOTION On motion by Council Member Hall, seconded by Council Agreement Approved Member Schafer, 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 NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented Ordinance 85-33, concerning residen- tial noise control. Residential Noise Control Council Member Wheeler announced that he would vote against the ordinance because he felt the time for con- struction should be frcam 8:00 a.m. (instead of 7:00 a.m) to 7:00 p.m. (instead of 8:00 p.m.). MOTION On.motion by Council Member. Hall, seconded by Council Ordinance 85-33 Member Schafer, Ordinance 85-33, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING RESIDENTIAL NOISE CONTROL, 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 Speed Limit on On motion by Council Member Hall, seconded by Council South Coast Drive Member Wheeler, Ordinance 85-34, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AMENDING SECTION 10-332 OF THE MUNICIPAL CODE OF THE Ordinance 85-34 CITY OF COSTA MESA TO ESTABLISH SPEED LIMITS ON SOUTH Adopted COAST DRIVE, 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 Speed Limits on On motion by Council Member Schafer, seconded by Council Various Streets Member Wheeler, Ordinance 85-35, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AMENDING SECTION 10-332 OF THE MUNICIPAL CODE OF THE Ordinance 85-35 CITY OF COSTA MESA TO ESTABLISH SPEED LIMITS ON FAIRVIEW Adopted ROAD, LUDINGTON STREET, ANTON BOULEVARD, AND SAKIOKA DRIVE, 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 Sign Ordinance. The Clerk presented from the meeting of October 21, Interpretation for 1985, a request from the law firm of Rutan and Tucker, Rutan and Tucker/ Post Office Box 1950, Costa Mesa, representing Vista Vista Paint Paint Store, 2931 Bristol Street, for an interpretation of the Sign ordinance. MOrTION On motion by Council Member Schafer, seconded by Council Referred to Member Hall, and carried 5-0, this item was removed frcx► Planning the Agenda and referred to the Planning Commission as Commission requested by staff. Policy for Costa The Clerk presented recommendations from Rod Sackett, Mesa Golf Course 2308 La Linda Place, Newport Beach, regarding a policy for the Costa Mesa Golf Course. The recommendations were contained in his letter of August 28, 1985. Reports have been submitted to the Council from the Leisure Services Department dated October 11 and Octo- ber'22, 1985, in response to Mr. Sackett's statements. Since Mr. Sackett could not attend the meeting, Charles Smith, 900 MacKenzie Place, Costa Mesa, read a three- page letter from Rod Sackett dated October 31, 1985, concerning present Golf Course policies. The afore- mentioned letters and reports are on file in the Clerk's office. Some concerns stated in Mr. Sackett's letter were that members of the Men's and Wcmen's Clubs are given preferential treatment in that they may call in one-half hour earlier than non-members to obtain tee times; and there are too many tournaments sponsored by the clubs. In response to a portion of staff's report, Mr. Smith stated that neither he nor other golfers with whcm he is acquainted have ever seen comment cards available at the golf course. In response to Council Member Wheeler's inquiries, the City Manager reported that club tournaments have been reduced to two weekends per month; the number of persons who may play in a tournament has been increased; and comment cards are available. 412 Paul Crcmmelin,.1701 Golf Course Drive, President of the Men's Club, reported on the charitable activities of the club, stating that it is a nonprofit, nonpolitical organization. Vice Mayor Hornbuckle suggested that the ccamnent cards be given out with the score cards. Council Member Hall commended the Men's Club members for their efforts over the years in supporting and promoting the golf course. WARRANT'S On motion by Council Member Hall, seconded by Council Member Wheeler, Warrant Resolution 1302, including Pay" MOTION roll 8521, was approved by the following roll call vote: Warrant 1302 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Approved Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Warrant 1303 Member Wheeler, Warrant Resolution 1303 was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER REPORTS The City Manager introduced an item which was not on the Agenda: Purchase of one Spectrolab Nightsun SX 16 Searchlight for Searchlight for the City's new 500-E police helicopter Police Helicopter from sole source vendor, Spectrolab, a subsidiary of Hughes Tool Company. The cost of the searchlight is $15,500.00 and is F.A.A. (Federal Aviation Adminis- tration) approved.. MOTION On motion by Council Member Hall, seconded by Council Purchase Approved Member Wheeler, authorization was given to purchase the SX 16 searchlight. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: .00UNCIL MEMBERS: None City Manager The City Manager thanked the Council for appointing him Comments on His to this position, and thanked staff and the community Appointment for their support. The new City Manager then introduced members of his family who were present and expressed his appreciation for their support. RECESS The Mayor declared a recess at 8:20 p.m., and the meet- ing reconvened at 8:35 p.m. PUBLIC HEARING The Clerk announced that this was the time and place GP-85-3A/R-85-10 set for the public hearings for Bob Burtner, 2214 Burtner/Fodor Newport Boulevard, Costa Mesa, authorized agent for Robert'Fodor, for property at 543 Victoria Street: General Plan Amendment GP -85-3A, to change the Land Use Designation from Medium Density Residential to High Density Residential. Rezone Petition R-85-10, to rezone the property frcin R2 to R4. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. 1 1 413 The Senior Planner reviewed staff's memorandum dated October 31, 1985, and stated that although the applica- tion requests a rezone to R4, the possibility of select- ing R3 zoning was -discussed. He pointed out that the parcel does not meet the minimum lot width criteria normally applied to R4 rezones; however, it does meet the criteria for R3 zoning. A General Plan Amendment to High Density Residential would be required for either R3 or R4 zoning. Both the Planning Commission and Planning staff recom- mended denial of the applications because it may not be appropriate at this time to redesignate individual parcels to High Density Residential. Such an action could be seen as starting a trend of increasing density in that block, and review of the Council's overall General Plan goals and objectives should be completed before such a�trend is begun: Bob Burtner was present and stated that because the width of the parcel does not meet R4 zone requirements, he is requesting R3 zoning. He commented that there is R4 zoning on the,adjacent property, and R3 zoning for the parcel would provide an excellent buffer between the R4 and R2 properties. While'responding to questions from the Council, Mr. Burtner indicated that he is planning a 23 -unit project containing one- and two-bedroom apartments, a portion of which will be "affordable" housing. There being no other speakers, the Mayor closed the public hearing. Council Member Hall stated that since there already is R4 zoning on the block, the request for R3 is reason- able and the proposed project will provide needed hous- ing for the community. Thereafter, Council Member Hall made a motion to approve General Plan Amendment GP -85-3A by adopting Resolution 85-94. The motion was seconded by Council Member Schafer. During discussion, Vice Mayor-Hornbuckle stated that Victoria Street is too narrow to accommodate the addi- tional traffic which will be generated by this project. Council Member Wheeler agreed with the Vice Mayor's statement, and commented that a 23 -unit project is too dense for the area. The motion to approve the General Plan Amendment failed to carry 4-1, Council Members Hertzog, Hornbuckle, Schafer, and Wheeler voting no. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council GP -85-3A Denied Member Wheeler, and carried 4-1, Council Member Hall voting no, General Plan Amendment GP -85-3A was denied. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council R-85-10 Denied Member Wheeler, and carried 4-1, Council Member Hall voting no, Rezone Petition R-85-10 was denied. PUBLIC HEARING The Clerk announced that this was the time and place set R-85-14 for the public hearing for Rezone Petition R-85-14, City City of Costa Mesa of Costa Mesa, to rezone 11 parcels from C2 (General Business District) to Cl (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 adopte& for Specific Plan 8P-85-01. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning staff received phone calls from Herbert Sampson, 1604 Newport Boulevard, and from Paul Schwartz, 1607 and 1609 Orange Avenue, requesting C1 zoning for their properties. The Senior Planner summarized staff's memorandum of October 31, 1985, which contains the background of the subject properties. In March, 1985, Council approved General Plan Amendment GP -85-1C, changing the land use designation for properties at 1604 Newport Boulevard and 1609 Orange Avenue from Medium Density Residential to Commercial Center; however, Rezone Petition R-85-04, changing the zoning from R2 to C2 was denied. At that time, Council directed staff to prepare a specific plan for the area bordered by Newport Boulevard, Orange Ave- nue, 16th Street, and 17th Street, excluding the Von's shopping center. In September, 1985, Specific Plan SP -85-01 was adopted. Part of the plan stated that the existing C2 properties were to be rezoned to CL, exclud- ing the trailer park properties. The Planning Commis- sion has recommended C1 zoning rather than CL. Dick Dodd, 19345 Marcy Drive, Santa Ana, reported that his mother owns property at 17th Street and Newport Boulevard where the new Club 17 Restaurant is located. Mr. Dodd asserted that neither he nor many of the other property owners were notified of the hearing for the Specific Plan. He urged the Council to re -open the hearing so that the property owners could participate. It was Mr. Dodd's opinion that the trailer park parcels should be studied in conjunction with the Specific Plan, and he also commented that CL zoning is not acceptable. In response to a question from Council Member Schafer, the Senior Planner reported that names and addresses of the property owners are taken from the Orange County Assessor's roll. Because of considerable discussion at the Planning Commission meeting of October 14 regard- ing notification for this rezone application, staff made an investigation and found changes had been made in the Assessor's records. In order to assure fair hearings, the rezone was rescheduled for the Commission's meeting of October 28. After reviewing the new and old Assessor Parcel numbers, staff found that the same names and addresses appeared on both lists. Council Member Schafer asked if there would be an adverse affect on the properties if the rezone were to be referred to a Study Session. The Development Serv- ices Director responded that there is no urgency in making a decision for the Specific Plan area or the rezone. During discussion, the City Manager stated that if the Council wishes to schedule this matter for a Study Ses- sion, December 9, 1985, would be the earliest date available. Vice Mayor Hornbuckle suggested that all property owners who did not receive notifications come forward to give their names and addresses to the Clerk. Council Member Wheeler preferred that all property owners, whether notified or not, give their names and addresses for the record, including the addresses of the properties they own, and to state whether or not they were notified of the public hearings. Paul Schwartz stated that he is attempting to sell his properties at 1607 and 1609 Orange Avenue, in combina- tion with the Herbert Sampson property at 1604 Newport 4z� Boulevard. He mentioned that they could readily sell the properties if they were zoned Cl; however, Mr. Schwartz's properties are located outside the Specific Plan area. In response to Vice Mayor Hornbuckle's questions, the Development Services Director reported that in order for the Schwartz properties to be included in the area study, Specific Plan SP -85-01 would have to be amended and a rezone filed. Ray Thomas, 3762 Montego Drive, Huntington Beach, owner of property at 1626-1628 Newport Boulevard, stated that the City's notifications, as well as his tax bill, are sent to the trailer park, and mail often is lost when it is sent to that address. Mr. Thomas indicated that he -did receive a notice for the October 28 Commission meeting, and although the October 14 notification may have been lost, he was told about that meeting. Mr. Thomas reported that his trailer park is primarily a "travel trailer park" and he wants his property rezoned. William Draganza, 395 Santa Isabel Avenue, Costa Mesa, owner of property at 1662 Newport Boulevard, stated that the notice sent to.him for the Planning Commission meeting of October 14 was written in such a way that it indicated that his property was not included in the Specific Plan area; nevertheless, he did attend that meeting. He also received a notification for the Octo- ber 28 meeting which showed his property as being in the study area.. Mr. Draganza advised the Council that he intends to build a 58 -unit motel on his parcel and that the project is now in plan check. Roger Ledin, 718 Heliotrope Avenue, Corona del Mar, owner of.property at 1648-52 Newport Boulevard, reported that the only notice he had received was for the October 28 meeting. Sid Soffer, 900'Arbor Street, Costa Mesa, complained that proper notifications are not.being sent to the property owners. MOTION A motion was.made by Council Member Hall, seconded by Held Over Council Member Hornbuckle, and carried 5-0, scheduling this item for the Study Session of December 9, 1985, at 2:00 p.m., and the public hearing was continued to the Council meeting of January 6, 1986. RECESS The Mayor declared a recess at 10:30 p.m., and the meet- ing reconvened at 10:45 p.m. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -85-153 set for the public hearing for appeal of the Planning Parker Commercial/ Commission's denial of Planning Action PA -85-153 from Vanguard Partners Parker Commercial Brokerage Company, 129 West Wilson Street, Suite 100, Costa Mesa, authorized agent for Vanguard Partners, Limited, 881 Dover Drive, Suite 15, Newport Beach, for a sign variance for second story signage and to allow excess letter height at 129 West Wilson Street in a C2 zone. Environmental Determina- tion: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director summarized staff's memorandum of October 31, 1985. The application is to allow excess letter height for two wall signs above the first floor level for a two-story office building. The Planning Commission denied the request. Although staff orginally recommended against the application, they did recommend approval of a modified request which included iG only one second story sign on the corner fascia oriented towards Newport Boulevard. Conditions were recommended which would limit total signing on-site to the single, second story sign containing 70 square feet, and to the one existing monument sign containing 15 square feet. Therefore, approval was not based on site hardship but rather on a trade-off against the total amount of sign area which could be placed on the property: 300 square feet along Newport Boulevard; 200 square feet on Wilson Avenue; a ground sign on Newport, 25 feet high, 120 square feet; a ground sign on Wilson, 20 feet high, 60 square feet. Although variances have been granted for other properties along Newport Boulevard, staff has cautioned that approval of this application may set a precedent for similar requests for other two-story office buildings in the vicinity: medical offices at Victoria Street and Newport Boulevard; professional offices at Fairview Road and Avocado Street, and at 2220 Fairview Road. Terry Parker was present and spoke in support of the modified request, stating that because of the dense tree foliage on the property, it is difficult to see a sign unless it is.on the second story. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Schafer, seconded PA -85-153 by Vice Mayor Hornbuckle, to.approve Planning Action Approved PA -85-153, taking into consideration staff's memorandum of October 31, 1985, the applicant's appeal, and the Staff Report of August 14, 1985, and based on two find- ings: the trade-off represents a great reduction in sign area in comparison with the total amount of sign area which could be placed on the property; and the second story sign will be approximately the same height as an allowable pole sign without the unsightly pole or can. Council Member Wheeler suggested an amendment to the motion by adding additional findings: the circumstances set forth by Council Member Schafer are unusual circum- stances and that similar privileges are enjoyed by other similar properties in the vicinity; and the proposed signage is compatible with the intent of the Sign Code. Council Member Schafer agreed to the suggested amendment to her motion, adding that approval is subject to the conditions contained in the Staff Report. The amended motion was seconded by Vice Mayor Hornbuckle, and car- ried 5-0. Council Member Wheeler commented that there is no valid reason to have people come before the Council for a variance when they are willing to reduce the signage down to 20 percent of what is allowed in order to get a second story sign. He also asked that Council consider a change in the Sign Ordinance to reflect his sugges- tion. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -85-154 set for the public hearing for appeal of the Planning Riha Commission's denial of Planning Action PA -85-154 from .Richard Riha, 901 Liard Place, Costa Mesa, for a Condi- tional Use Permit for excess garage area, with variances from front and side setback requirements, in conjunction with construction of a second garage for an existing single-family residence, located at the above address in 1 I' s an Rl 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 reviewed staff's memorandum dated October 30, 1985, pointing out that Mr. Riha's appeal indicates that the need for off-street parking is important; and that he will reduce the garage area so that the requirements for a driveway length of 19 feet, and a side setback of 5 feet will be satisfied. Staff noted that the minimum front setback requirement of 20 feet still would not be provided and that there is excessive garage area (887 square feet proposed, 700 square feet permitted). The Director further reported that the second garage will be used for storing of antique cars. Staff's concernAs that 'a second drive approach on the same frontage will be needed for the site. Two driveways on the same frontage fora property of this width have been discouraged by the Transportation Services staff because it could cause adverse traffic circulation impacts and reduce on -street parking. The Director also referred to staff's memorandum dated November 4, 1985, which states that two neighbors in the vicinity have dual driveways on one frontage; however, no permits were found for the last five years allowing the second approaches. A third property in the vicinity has two driveways but since it is a corner lot, there is no more than one driveway per frontage. Richard Riha referred to the slides of the property and explained the design of the second garage. He com- mented that he is attempting to take cars off the street, and that he is in need of storage space for the antique cars which he restores. Mr. Riha reported that his neighbors have written letters supporting his request. Council Member Schafer asked Mr. Riha if he would agree to an additional condition (Condition No. 9) which would state, "To keep the property from being used for a non- residential use, there shall be no more than three antique restored cars on the property at any one time, and they shall be kept inside the garages at all times". Mr. Riha agreed to that condition. Council Member Schafer requested that the letters submitted from the following neighbors supporting the application be entered into the record: Mrs. Donald Strickland, 896 Liard Place; Nancy and Patrick Smith, 904 Liard Place; Edward L. Pollard, Sr. and Leslie A. Hall, 905 Liard Place; Charles C. Ives, 3089 Klondike Avenue; Mrs. L. Barga, 3074 Yukon Avenue; Richard and Ann Knapp, 900 Liard Place; and Rick Navarrette, 910 Liard Place. Roy Wendlandt, 901 Peace Place, opposed the request because he felt that others in the area will expect the same privilege. Vice Mayor Hornbuckle was concerned because storage of cars is not a residential use. Mayor Hertzog reported -that she had visited the site and it is an'unusual lot. There being no other speakers, the Mayor closed the public hearing. 18 MOTION . A motion was made.by Council Member Hall, seconded by PA -85-154 Council Member Schafer, approving Planning Action Approved PA -85-154 with the modification to the original request that a five-foot side setback and 19 -foot driveway shall be provided; subject to all conditions contained in the Staff Report and the condition recommended by Council Member Schafer; and based on the findings that approval will not create a negative affect on the health, safety, or welfare of the neighbors, and approval will provide more off-street parking for the site. PUBLIC HEARING The Clerk announced that this was the time and place set Community for the public hearing to receive public input regarding Development the City's application for a Section 108 loan guarantee, Section 108 Loan which is a loan against future Community Development .Block Grants (CDBG)'and which will be repaid via future block grants over a,six-year period. The Affidavit of Publication is on file in the Clerk's office. No com- munications have been received. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the loans are beim made to -buy -property for redevelopment. Vice Mayor Hornbuckle referred Mr. Soffer to staff's memorandum of November 4, 1985, next to last paragraph, which outlines the uses for the funds. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Schafer, seconded Loan Application by Vice Mayor Hornbuckle, to approve an application for Approved a Section.108 loan guarantee,.which is a loan against future Community Development Block Grants, and which will be repaid via future block grants over a six-year period. Council Member Wheeler stated that he was unwilling to commit three years of CDBG funds for projects that may not have as much benefit than if those funds are used on an ad hoc basis as projects arise. He was of the opinion that the CDBG program will not cease its funding and felt that the Section 108 loan under these condi- tions was not advisable at this time. Vice Mayor Hornbuckle disagreed with Council Member Wheeler's comments in that she believed it made good sense to borrow against future allocations, and since the City will be using the funds,in the approximate Council Member .Wheeler recommended another finding that the property has a -unique lot size. Council Member Hall so amended his motion. The amended motion was seconded by Council Member Schafer, and carried 4-1, Vice Mayor Hornbuckle voting no. PUBLIC.HEARING The Clerk announced that this was the time and place Appeal of PA -85-164 set for the public hearing for appeal of the Planning ICN Pharmaceuticals Commission's denial of Planning Action PA -85-164 from ICN Pharmaceuticals, Incorporated, 3300 Hyland Avenue, Costa Mesa, for a sign variance for signage above the first story and excess letter height, located at the above address in an MP zone. Environmental Determina- tion: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. MOTION On motion by Council Member Hall, seconded by Council Held Over Member Wheeler, and carried 5-0, this item was continued to the meeting of November 18, 1985. PUBLIC HEARING The Clerk announced that this was the time and place set Community for the public hearing to receive public input regarding Development the City's application for a Section 108 loan guarantee, Section 108 Loan which is a loan against future Community Development .Block Grants (CDBG)'and which will be repaid via future block grants over a,six-year period. The Affidavit of Publication is on file in the Clerk's office. No com- munications have been received. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the loans are beim made to -buy -property for redevelopment. Vice Mayor Hornbuckle referred Mr. Soffer to staff's memorandum of November 4, 1985, next to last paragraph, which outlines the uses for the funds. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Schafer, seconded Loan Application by Vice Mayor Hornbuckle, to approve an application for Approved a Section.108 loan guarantee,.which is a loan against future Community Development Block Grants, and which will be repaid via future block grants over a six-year period. Council Member Wheeler stated that he was unwilling to commit three years of CDBG funds for projects that may not have as much benefit than if those funds are used on an ad hoc basis as projects arise. He was of the opinion that the CDBG program will not cease its funding and felt that the Section 108 loan under these condi- tions was not advisable at this time. Vice Mayor Hornbuckle disagreed with Council Member Wheeler's comments in that she believed it made good sense to borrow against future allocations, and since the City will be using the funds,in the approximate 41$ same percentages that it has.in the past, it makes good sense to receive the money now and use it for some major projects. The motion to approve the loan application carried 4-1, Council Member Wheeler voting no. COUNCILMANIC ; COMMENTS Council Member Wheeler mentioned that at his request, staff was instructed to draft a toxic waste ordinance Toxic Waste that would require registration of toxic waste with the Ordinance City's central ccmmunications'system. He reported that the County's model ordinance for which staff has been waiting, has finally been prepared. Council Member Wheeler advised that the City of Irvine has also drafted a toxic waste ordinance. In view of this information, MOTION Council Member Wheeler made a motion directing staff to Staff Directed obtain a copy of .the Irvine ordinance so that both to Obtain Irvine ordinances can be,compared before Council decides which Ordinance type of.ordinance it wants to adopt. The motion was seconded by Vice Mayor Hornbuckle, and carried 5-0. Blowers in Council Member Wheeler expressed his opinion that the Residential blowers being used in residential neighborhoods to blow Neighborhoods dust from one vacant area to,another vacant area are a health and noise hazard. He mentioned that he believed the City of Newport Beach has adopted an ordinance prohibiting the use of blowers. Council Member Wheeler made a motion directing staff .to draft an ordinance similar to the one adopted by Newport Beach so that Council could debate and discuss the ordinance. The motion was seconded by Vice Mayor Hornbuckle, Council Member Hall commented that before this type of ordinance is drafted, Council should consult with the Orange County Gardening and Landscaping Association, the Southern California Gardening Association, and other such organizations to understand the reason why there has been an expanded use of blowers, that reason beim the water shortage that occurred several years ago. He stated that if blowers are eliminated, water will be wasted. council Member Hall suggested that Council investigate this issue before an ordinance is drafted. He also mentioned that it was his understanding that Council,Members.would not suggest new ordinances under Councilmanic Canments.without the necessary background information. The motion to draft an ordinance similar to the Newport ._Beach ordinance failed to.carry 3-2, Council Members Hertzog, Schafer, and Hall voting no. Council Member Schafer suggested that memoranda be sent to.each Council Member prior to new subjects being presented. Council Member Wheeler responded that he had dictated a memorandum; however, because of a mix-up with the tape he submitted to staff, the information was not ready in time for this meeting. He requested that this item be included on the Agenda for the November 18 meeting under New Business. Gann Limitation Council Member Wheeler requested that the Study Session in January, 1986, include the topic of the Gann Limita- tion, and in order to have.a reasonable discussion about what the -City will do with its Gann limitation, Council MOTION Member Wheeler made a motion requesting a legal opinion Requested Legal from -the City.Attorney on the constitutionality of Opinion for January split -roll taxation, that'is, the ability to tax resi- Study Session dential properties at a different rate than commercial properties. A�� Council Member Hall stated that January was too soon to discuss the Gann Limitation because he did not believe enough information would be available at that time. In response to Council Member Schafer's question as to when enough material will be available, the City Manager stated that the earliest date would be after the first of the year; however, he could not confirm that all the facts will have been obtained by that time. Mayor Hertzog commented that all issues must be investi- gated before discussion is held. Council Member Wheeler responded that he needed time to qualify -this issue as an initiative, and thereafter amended his motion: the following question shall be placed on the ballot, "Shall the City eliminate resi- dential property tax?% He later withdrew the amended motion. Vice Mayor Hornbuckle asked the City Attorney if he could have a legal opinion ready in six weeks, and he responded affirmatively. The original motion, to have the City Attorney's legal opinion on a split -roll taxation placed on the January Study Session, carried 5-0. MOTION During later discussion, Council Member Hall made a Place Gann Issue motion that the issue of the Gann Limitation be brought on Study Session forward to the City Council at a Study Session after Agenda when Staff staff has advised Council that they have sufficient has Sufficient information to have a viable Study Session on this Information subject. Council Member Wheeler stated that the motion was made only to miss the deadline for putting the item on the ballot. Mayor Hertzog commented that there is no problem with the decision to put -the Gann Limitation on the ballot, but Council must have adequate information. The motion was seconded by Council Member Schafer, and carried 3-2, Council Members Hornbuckle and Wheeler voting no. Amphitheatre Council Member Wheeler referred to a ruling by the Lawsuit Court of Appeal on the Amphitheatre lawsuit brought by Concerned Citizens of Costa Mesa (CCCM) and stated that CCCM was successful in one out of three issues. CCCM was not successful regarding the California Environ- mental Quality Act (CE)QA) issue. Council Member Wheeler reported that he has conferred with CCCM's attorney and indications are that CCCM wishes to proceed with a petition to the California Supreme Court; however, they do not have the funds to do so. It was his opinion that the present Supreme Court would rule in favor of the people. 'Council Member Wheeler stated that he would like to see the City give financial assistance in order to get the CEQA issue before the California Supreme Court. Council Member Wheeler made a motion to retain CCCM's attorney for $2,000.00 so that he can take this issue to the California Supreme Court. The motion was seconded by Vice Mayor Hornbuckle. A substitute motion was made by Council Member Hall, seconded by Mayor Hertzog, referring this matter to the City Attorney for his opinion on the advisability of pursuing the issue to the Supreme Court. Council Member Wheeler mentioned that there is a time limit of 30 days to file the petition. Mayor Hertzog asked the City Attorney for his opinion. The City Attorney replied that he was not positive whether the petition to the Supreme Court must be filed within 30 days or whether CCCM must first file for a petition for rehearing before the Court of Appeal. The City Attorney also asked the Council to consider the fact that the Court of Appeal at least has rendered an opinion that is a very significant one and is favorable to the efforts to control the noise from the Amphi- theatre, that is, the Court ruled that CCCM can proceed to trial against the Amphitheatre and the Fair Board on a private nuisance theory. If the Supreme Court were to agree to review the case, that decision by the Court of Appeal would be nullified. After further discussion, Council Members Wheeler and Hall withdrew their motions. MOTION On motion by Council Member Wheeler, seconded by Vice Funds for Appeal Mayor Hornbuckle, the City Manager was authorized to Authorized spend up to $2,000.00 to fund the appeal of the CEQA Environmental Impact Report issue to the California Supreme Court if such an appeal is deemed tactically advisable by CCCM and the City Attorney. 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 Youth Board Vice Mayor Hornbuckle commended Mayor Hertzog on her idea for a Youth Board or Teen Camnission. Fairview Regional Vice Mayor Hornbuckle thanked the City Manager and Park staff for their efforts concerning the purchase of Fairview Regional Park from the County of Orange. Gann Limitation Vice Mayor Hornbuckle urged the Council to cane to a decision soon regarding the Gann Limitation issue. Costa Mesa Vice Mayor Hornbuckle reported that she had received a Canmunity quarterly news bulletin frau the Costa Mesa Cc m►unity Advisory Group Advisory Group, and she received 13 or 14 phone calls frau citizens asking why the City mailed that publica- tion, which the City did not. The Vice Mayor stated that after investigation, she found that the bulk mailing number was issued to Dave Vaporean, telephone number 544-9470, who is a resident of Yorba Linda. She stated that she plans on calling Mr. Vaporean concerning the publication. Misrepresentation Vice Mayor Hornbuckle reported that it has cane to her of City Staff attention that a certain Dave Ellis, who conducted a meeting with Nabers Cadillac and College Park residents, represented himself to homeowners as a Costa Mesa plan- ner. The Vice Mayor stated that she received a call fron Linda Dixon who reported that Mr. Ellis initially told her he was a Planning Camnissioner, and after she complained about what was happening in her neighborhood, Mr. Ellis replied he was merely a planner with the City. ADJOURNMENT The Mayor declared the meeting adjourned at 12: 5 a.m. Maylgr of the City of Mesa ATTEST: _C ty Clerk of the City*ofCosttJMe 42 .