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HomeMy WebLinkAbout06/02/1986 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 2, 1986 The City Council of the City of Costa Mesa, California, met in regular session June 2, 1986, 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 Chaplain William R. Parry, Hoag Memorial Hospital -Presbyterian. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Public Services, City Clerk, Senior Planner MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council May 19, 1986 Member Wheeler, and carried 5-0, the minutes of the regular meeting of May 19, 1986, were approved as distributed. ORDINANCES A motion was made by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. ORAL COMMUNICATIONS Jim Aynes, 2811 Loreto Avenue, Costa Mesa, reported that he has received information that the Chamber of Commerce Political Action Committee will be interviewing poten- November 4, 1986, tial candidates for City Council on June 5, 1986, from Election 4:30 to 7:00 p.m., in connection with the November 4, 1986, election. Mr. Aynes then announced that the Costa Mesa Citizens Coalition will be interviewing potential City Council candidates on June 12, 1986, at 7:00 p.m., at Estancia High School. He further stated that those people endorsed by the Coalition will have the support of the Mesa Action political committee. Trailer Park Don Hunter, Alternate Director of Golden State Mobil - Complaints home Owners League, Incorporated (GSMOL), Rost Office Box 876, Garden Grove, complained about not being able to distribute political.literature at certain trailer parks. He also suggested that the City assist trailer park residents in purchasing the property. Roy Thomas, 3762 Montego Drive, Huntington Beach, stated that if anyone wants to distribute literature at mobile home parks, the proper procedure is to ask the park managers for permission to do so. Michael Szkaradek, 1555 Mesa Verde Drive East, Costa Mesa, contended that the letter to the City Council from Glen Greener, the Trailertown owner's representative, contained some inaccuracies. Dawn Wipperman, 2054-B Maple Avenue, Costa Mesa, stated that an elderly.tenant of Trailertown Mobile.Home Park, 327 West Wilson Street, Costa Mesa, was asked by the owner's wife, Mrs. Dougher, to sign a new lease without the tenant having the opportunity .to read the document. Lillian Seaman, resident of Trailertown, Space -No. 40, confirmed Mrs. Wipperman's statement, reporting that she is the tenant who was asked to sign the new lease. 1 I,ra Sid Soffer, 900 Arbor Street, Costa Mesa, objected to the possibility of the City using taxpayers money to help trailer park residents purchase the land. Bill Schofield, Alternate Director of GSMOL, cemented that other cities have loaned money to park residents so that they could purchase the property. Animal Tom Nastri, 881 Senate Street, Costa Mesa, reported Poisonings that his dog was one of many who have been poisoned in the past few weeks, and expressed his dissatisfaction with the City's manner of dealing with the problem, especially the Animal Control Division and the Police Depar tnent. Teresa Gastelum and Connie Patania, 885 Senate Street, Costa Mesa, stated that their pet had also been poisoned, and neither Animal Control nor the Police would respond to their calls for assistance. The City Manager responded that the residents deserved to have some answers and that a full investigation would be made immediately. Transition Zone Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, thanked Study (RUDAT) Senior Planner Perry Valantine, Vice Mayor Hornbuckle, and the Regional Urban Development Assistance Team (RUDAT) for the excellent meetings concerning the problems in the Transition Zone (West 19th Street). Doug Yates, 274 Cecil Place, Costa Mesa, also commended the staff for the excellent RUDAT meetings. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 8(d), Claim from Jeanne Orr; and Item 14(a), Request for traffic signalization on Sunflower Avenue and Greenville Street/Wimbledon Way. On motion by Council Member Schafer, seconded by Council Member Wheeler, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None �wyW COMMUNICATIONS On motion by Council Member Schafer, seconded by Council Member Wheeler, Resolution 86-59, being A RESOLUTION OF Woman of the Year THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMENDING PATRICIA DINGER ON BEING CHOSEN WOMAN OF THE MOTION YEAR IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, Resolution 86-59 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 Man of the Year On motion by Council Member Schafer, seconded by Council Member Wheeler, Resolution 86-60, being A RESOLUTION OF MOTION THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 86-60 COMMENDING LEWIS (LOU) DINGER ON BEING CHOSEN MAN OF THE Adopted YEAR IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Records Destruction: On motion by Council Member Schafer, seconded by Council Clerk, Public Member Wheeler, Resolution 86-61, being A RESOLUTION OF Services, Develop- THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ment Services AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERIC, PUBLIC SERVICES, AND DEVELOPMENT SERVICES DEPARTMENTS MOTION OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. Resolution 86-61 75-60, 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 Records Destruction for Finance MOTION Resolution 86-62 Adopted READING FOLDER On motion by Council Member Schafer, seconded by Council Member Wheeler, Resolution 86-62, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPART- MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 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 On motion by Council Member Schafer, 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: Attorney Harry Lerner on behalf of Mark Bertuleit; Attorney Daniel Ottolia on behalf of Alfredo DeCarvalho; Karen L. Henricks; Joseph Higgins; Barbara Holland on behalf of Pinecreek Village Apartments; and Southern Cali- fornia Edison Company. Alcoholic Alcoholic Beverage License application for which Beverage parking has been approved by the Planning staff: Licenses Joe and Lorraine Young, doing business as The Unique Eatery, 3176 Pullman Street, Suite No. 125. Local Agency Notice from the Orange County Local Agency Formation Formation Commission that a public hearing will be held June 4, Commission 1986, on the proposed annexation to Sanitation Dis- trict fib. 7, designated Annexation 1�b. 124 ( Santa Ana Heights Island Annexation). SET FOR PUBLIC HEARING On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the following items were set for public hearing June 16, 1986, at 6:30 p.m., in the Council Chambers of City Hall: Revenue Sharing Allocation of Federal Revenue Sharing funds for Fiscal Year 1986-87. R-86-06 Rezone Petition R-86-06, Chris R. Stephens, authorized Stephens/Peterson agent for Peterson Living Trust, for permission to rezone property at 602, 606, and 610 Center Street from R2 to R3. Environmental Determination: Negative Declaration. R-86-07 Rezone Petition R-86-07, John Bruno, authorized agent Bruno/Maloney for J. William Maloney, for permission to rezone property at 2490 Harbor Boulevard from Cl (Local Busi- ness) to CL (Commercial Limited). Environmental Determination: Negative Declaration. REJECTED CLAIMS On motion by Council Member Schafer, seconded by Council Crocker Bank Member Wheeler, and carried 5-0, the claim from Crocker National Bank was rejected. rl U 11 1 Linkiewicz On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Joe Linkiewicz was rejected. Uottes On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Madeline IDttes was rejected. Edison Ccnpany On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Southern California Bdison Company was rejected. ADMINISTRATIVE ACTIONS Bids received for Bid Item 722, Uniforms for Police and Fire Personnel, are on file in the Clerk's office. On Bid Item 722 notion by Council Member Schafer, seconded by Council Uniforms Member Wheeler, the contract was awarded to Uniform Center, Incorporated, 1249 West Katella Avenue, Orange. MOTION The notion carried by the following roll call vote: Awarded,to AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Uniform Center Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 723 Bids received for Bid Item 723, Traffic Signal Mainte- Traffic Signal nance, are on file in the Clerk's office.. On motion by Maintenance Council Member Schafer, seconded by Council Member Wheeler, the contract was awarded to Superior Signal MOTION Service Corporation, 7224 Scout Avenue, Bell Gardens, Awarded to for $2,889.23 per month. The motion carried by the Superior Signal following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS;, None Bid Item 725 Bids received for Bid Item 725, 165 Gutter Brooms, are Gutter Brooms on file in the Clerk's office. On motion by Council Member Schafer, seconded by Council Member Wheeler, the MOTION contract was awarded to San Diego Rotary Broom company, Awarded to Post Office Box 847, Escondido, for $9,444.60. The San Diego Rotary motion carried by the following roll call vote: Broom AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Sole Source On motion by Council Member Schafer, seconded by Council Purchase of Member Wheeler, purchase of computer equipment from sole Computer Equipment source vendor, Multisonics, Incorporated, 144 West Anerige Avenue, Fullerton, in an amount not to exceed MOTION $7,800.00, was approved by the following roll call vote: Purchase Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Director of Public Services recommended approval of Jaycox Disposal an agreement with Jaycox Disposal Company, Incorporated, doing business as Orco Disposal, 1016 Katella Avenue, Special Citywide Anaheim, for $26,600.00, to conduct a special Citywide Trash Pickup trash pickup. On motion by Council Member Schafer, seconded by Council Member Wheeler, the agreement was MOTION approved, and the Mayor and Clerk were authorized to Agreement Approved sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Fire Department staff recommended approval of an Boyle Engineering agreement with Boyle Engineering Corporation, Post Office Box 7350, Newport Beach, for $18,500.00, to Civic Center provide plans and specifications for construction of Fire Station the Civic Center Fire Station. On motion by Council Member Schafer, seconded by Council Member Wheeler, the MOTION agreement was approved, and the Mayor and Clerk were Agreement Approved authorized to sign on behalf of the City. The motion Approved carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None Prohibition of ABSENT: COUNCIL MEMBERS: Nine Change Order "A" The Director of Public Services recommended approval of Harris & Associates Change Order "A" for $35,686.25, to the contract with Harris and Associates, 2250 Imperial Highway, Suite 252, Harbor/Maple Storm E1 Segundo, for increased contruction management and Drain inspection services for the Harbor/Maple Storm Drain, Phase I. On motion by Council Member Schafer, seconded MOTION by Council Member Wheeler, the change order was approved Change Order by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Nene Prohibition of The Traffic Commission recommended parking prohibition Parking on Gisler along the northerly curb of Gisler Avenue from Harbor Boulevard westerly to Iowa Street. On motion by Council MOTION Member Schafer, seconded by Council Member Wheeler, Resolution 86-63 Resolution 86-63, being A RESOLUTION OF THE CITY COUNCIL Adopted OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARK- ING ON A PORTION OF GISLER AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Commission recommended parking prohibition Parking on Pomona along the westerly curb of Pomona Avenue from West 17th Street southerly to Farad Street. On motion by Council MOTION Member Schafer, seconded by Council Member Wheeler, Resolution 86-64 Resolution 86-64, being A RESOLUTION OF THE CITY COUNCIL Adopted OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARK- ING ON A PORTION OF POMONA AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Nene Claim from Item 8(d) on the Consent Calendar was presented: Claim Jeanne Orr from Jeanne Orr. Council Member Wheeler was of the opinion that the City should pay the claim. A motion was made by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, to pay the claimant; however, after discussion, the Vice Mayor withdrew her second. MOTION A motion was made by Council Member Schafer, seconded by Claim Rejected Vice Mayor Hornbuckle, to reject the claim from Jeanne Orr. The motion carried 4-1, Council Member Wheeler voting no. Signal at Sunflower Iteim 14(a) on the Consent Calendar was presented: A and Greenville/ request for traffic signalization at Sunflower Avenue Wimbledon and Greenville Street/Wimbledon Way. The Traffic 1 165 Commission recommended that the request be denied and staff directed tocontact the City of Santa Ana regard- ing left turns on Greenville Street. A communication has been received from the orange County Transit District supporting the request for a traffic signal at the subject intersection. Jim Willems, 1119 Sunflower Avenue, Costa Mesa, spoke at length about the increased traffic in the Sunflower/ Greenville/Wimbledon area. Mr. Willems stated that it is extremely difficult to walk or drive across Sunflower Avenue; vehicles must enter the intersection in order to see oncoming traffic; and that the area is extremely dangerous for children attending nearby schools. While answering questions from the Council, the Public Services Director reported that Greenville Street is in the City of Santa Ana, and 75 to 100 percent of Sunflower Avenue is within Costa Mesa's City limits. He also mentioned that the subject intersection is fifth on the City's traffic signal priority list. Council Member Wheeler suggested using CENTROCCS fees for the signalization. The Public Services Director responded that this intersection is not on the CENTROCCS list; also, the City of Santa Ana would have to approve the use of those funds. It was the Director's opinion that restricting the turn movements at the intersection would be more effective than signalization. Harry Hjorth, 24701 Raymond Way, Space 96, E1 Toro, owner of property which is leased by Kinder -Care Learn- ing Center, 2515 Sunflower Avenue, Santa Ana, requested retention of the loading zone.at the school site. The following persons also spoke in support of traffic signalization at the subject intersection:_ Joe Troxell, 3411 Lavender Lane, Costa Mesa; Eric Willems, 106 West Stevens Avenue, Santa Ana; Bill Schwenneker, 3478 Wimbledon Way, Costa Mesa; Gloria McKee, 1112 Dennis Drive (Wimbledon Village), Costa Mesa; Hugh Foreman, 3186 Airway Avenue, Costa Mesa; Harold Willems, 2730 Rene Drive, Costa Mesa; Mike Hilton, 3498 Queens Court, Costa Mesa; and Mr. Morales, 3928-A South Flower Street, Santa Ana. Sid Soffer, 900 Arbor Street, Costa Mesa, disagreed with the recommendation of the Traffic Commission. council Member Schafer suggested contacting the City of Santa Ana staff requesting that they work with Costa Mesa to resolve the traffic problem. The Director of Public Services stated that he could have a letter sent to SantaAna within a week, and have a report prepared for the first Council meeting in July. The City Manager recommended that if the Council wishes, they should direct staff to contact the Santa Ana Traf- fic Division, as well as Santa Ana Councilman Young. Some months ago, the City Council approved Councilman Young's request to allow the City of Santa Ana to construct a median opening on Sunflower Avenue east of Bristol Street. Steve Willens, 3496 Wimbledon Way, Costa Mesa, stated that the intersection is a public nuisance and lawsuits will be filed because of the design of the intersection. Karen Rice, teacher at Kinder -Care Learning Center, reported that vehicles travel at an excessive speed along Sunflower Avenue and asked if the City would add additional police patrols during peak hours. The City Manager responded that additional police personnel will patrol the area. MOTION On motion by Council Member Hall, seconded by Council Staff Directed to Member Schafer, and carried 5-0, staff was directed to Contact Santa Ana investigate all the information presented tonight, and Regarding Signal to make every effort to coordinate with the City of and Submit a Report Santa Ana relative to the requested traffic signaliza- July 7, 1986 tion at the Sunflower/Greenville/Wimbledon intersection, and to report back to the Council at the meeting of July 7, 1986. Council Member Wheeler commented that in addition to developers fees being utilized for freeway improvements, he would like to see these funds used for improvements in all areas impacted by new developments. RECESS The Mayor declared a recess at 8:15 p.m., and the meet- ing eeting was reconvened at 8:25 p.m. OLD BUSINESS The Clerk presented Ordinance 86-10 for second reading and adoption. The ordinance changes the zoning in the R-86-01 area bordered by Baker Street, Fairview Road, the City Council Corona del Mar (73) Freeway, and the Orange County Flood Control Channel. The Senior Planner provided Council with a corrected exhibit for Resolution 86-52, adopted at the meeting of May 19, 1986. The new exhibit corrects a small portion of the map showing High Density Residential instead of Medium Density Residential. Also, the first copy of Ordinance 86-10 submitted to the Council was in error, and the corrected copy contains the following change on Page 1, Lines 2 and 3: delete "(excluding the front 200 feet)" and add "(excluding the portion within 200 feet of the centerline of Baker Street)". Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the validity of the modification. The Senior Planner responded that the proposed changes reflect the motion made by the Council at the May 19 meeting. Jan Luymes, 592 Park Drive, Costa Mesa, asked why General Plan Amendments were being acted upon when a moratorium is in effect. Vice Mayor Hornbuckle responded that the amendments being heard by the Council are those which were filed prior to the moratorium. MOTION On motion by Council Member Hall, seconded by Council Ordinance 86-10 Member Wheeler, Ordinance 86-10, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING IN AN AREA BORDERED BY BAKER STREET, FAIRVIEW ROAD, CORONA DEL MAR (73) FREEWAY, AND THE ORANGE COUNTY FLOOD CONTROL CHANNEL, 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 Traffic The Clerk presented proposed Traffic Commission duties Commission and responsibilities, which are detailed in the letter Duties to the Council from the Traffic Commission Chairman dated May 20, 1986. r� 6 '�Y In his memorandum dated May 29, 1986, the City Manager recommended approval of the proposed duties, and to direct staff to prepare a resolution setting the Traffic Commission compensation at $30.00 per member per meeting. Council Member Schafer preferred a compensation of $30.00 per month regardless of the number of meetings. Vice Mayor Hornbuckle suggested paying $30.00 per meet- ing eeting with a limit of four meetings per month; however, she stated that she would support a limit of two meet- ings per month. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the ability of the Traffic Commissioners to make recom- mendations to the Council. Roy Pizarek, 1923.Whittier Avenue, Costa Mesa, was in favor of the Commissioners being compensated and recom- mended that Commission meetings be held in the evenings so more people could attend. Council Member Schafer made a motion to pay each Cmmmis- sioner $30.00 per meeting per month, stipulating that the Commission shall hold one meeting per month in the evening. The motion died for lack of a second. Council Member Schafer moved to compensate each Gommis- sioner $30.00 per meeting with a limit of two evening meetings per month. The motion died for lack of a second. _ Vice Mayor Hornbuckle questioned the appropriateness of changing the times of the meetings from morning to evening without first consulting the with Traffic Commissioners and obtaining information as to the additional cost of paying staff for evening hours. Council Member Wheeler stated that Traffic Commission should hold evening meetings because it is more conven- ient for the public. MOTION A motion was made by Council Member Hall, seconded by Expansion of Vice Mayor Hornbuckle, to expand the roll of the Traffic Duties and Rate Commissioners as detailed in the letter to the Council of Pay Approved dated May 20, 1986; to establish a rate of pay for each Commissioner at $30.00 per meeting with a maximum of two meetings per month; and to investigate the possibility of incorporating evening meetings into the Commission's schedule. The motion carried 3-2, Council Members Schafer and Wheeler voting no. Cultural Arts The Mayor presented applications from the public who are Committee interested in serving on the Cultural Arts Committee. Appointments On motion by Council Member Hall, seconded by Council MOTION Member Schafer, and carried 5-0, the following appli- Committee Members cants were appointed to the Cultural Arts Committee: Appointed Jan Bigler, Darien Ainsley, Beth Baumann, Ted Baker, and Mike Chitjian. WARRANTS On motion by Council Member Wheeler, seconded by Council MOTION Member Schafer, Warrant Resolution 1323, including Pay - Warrants 1323 and roll 8610, and Warrant Resolution 1324, were approved by 1324 Approved, the following roll call vote: -I; � P! LI COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY The City Attorney referred to his memorandum of June 2, REPORTS 1986, concerning the Pacific Amphitheatre lawsuit. He reported that the Court of Appeal ruled against the City Pacific and held that the City cannot enforce its noise ordi- Amphitheatre nance against the Pacific Amphitheatre. The court Lawsuit reasoned that the amphitheatre activities were "govern- mental" (not "proprietary") and therefore not subject to local jurisdiction. The City Attorney recommended that the Council adjourn its June 9, 1986, Study Session to a closed meeting to discuss the City's next action. CITY MANAGER The City Manager presented the proposed City Budget for REPORTS fiscal year 1986-87, and summarized his Budget Message. Proposed 1986-87 The total proposed appropriation for operations and City Budget capital improvements is $47,628,480.00 and represents a 2.0 percent decrease compared to the adjusted 1985-86 Budget. Total revenues are estimated at $47,202,370.00, with cash resources of $1,522,500.00 for a resource total of $48,724,870.00. The sales tax source, composed of retail sales and transient occupancy taxes, represents the largest resource category at 43.9 percent with a projected 8.6 percent increase compared to 1985-86. The general property tax estimate is $7,254,280.00, representing 14.9 percent of total resources and reflects a 9.8 percent increase compared to the prior estimated figure. Estimated revenue from other agencies is $5,645,650.00 and reflects a decrease of 11.9 percent. The decrease is due to the expiration of the Federal Revenue Shar- ing Program and the 30 percent reduction in funding for the Housing and Community Development Block Grant Program. The City Manager recommended that the Council's current policy of maintaining a cash reserve of 25 percent of the operating budget be continued, and that policy is provided for in this budget. The document was accepted for review at a Study Session on June 3, 1986, at 2:00 p.m., in the first floor Con- ference Roan, and is scheduled for public discussion at the Council meeting of June 16, 1986. PUBLIC HEARING The Clerk announced that this was the time and place SP-85-OIA set for the public hearing for Specific Plan SP -85-01A, City Council Costa Mesa City Council, regarding criteria for Cl zoning and zoning alternatives for existing trailer parks, for properties bordered by Newport Boulevard, East 16th Street, Orange Avenue, and East 17th Street, in C2 and R2 zones. Environmental Determination: Negative Declaration adopted September 3, 1985, for Specific Plan SP -85-01. The Affidavit of Publication is on file in the Clerk's office. Nc communications have been received. 1 169 The Senior Planner summarized the background of the Specific Plan. Specific Plan SP -85-01, as amended and approved by the Council on September 3, 1985, is con- tained on Page 22 of the Specific Plan document. On January 6, 1986, Council directed staff to draft an amendment to Specific Plan SP -85-01 to permit Cl zoning and to designate existing businesses in the Specific Plan area as permitted uses. Council also directed staff to include steps within the Cl zoning to allow various levels of development intensity. On February 3, 1986, staff presented a mobile home/ trailer park study. Council voted not to establish a new zoning classification for mobile home parks. This action rescinded Council action taken September 3, 1985. (On September 3, Council directed that a new mobile home/trailer park zoning category be established and a study prepared=setting forth alternatives.) The amendments for Specific Plan SP -85-01A recommended by the Planning Commission on May 12, 1986, are shown on Pages 23 to 25 of the Specific Plan document. For clarification, staff recommended that the following wording be added to Paragraph 6, Page 25: "If commer- cial zoning is applied to the trailer park properties, development shall be subject to the appropriate develop- ment standards of this Specific Plan". Richard Dodd, 201 Shipyard Way, Berth "A", Cabin "F", Newport Beach, urged the Council to approve the Planning Commission recommendations because they allow the City to retain control and yet provide owners the incentive to combine properties. Don Hunter, representing Golden State Mobilhome Owners League, Pest Office Box 876, Garden Grove, asked what provisions were included for relocation of mobile home park residents. The Senior Planner responded that the Specific Plan does not include rezoning of mobile home/ trailer park properties. Dawn Wipperman, 2054-B Maple Avenue, Costa Mesa, spoke about notifying trailer park residents of the hearings. Mayor Hertzog responded that rezoning of trailer proper- ties is not an issue this evening. There being no other speakers, the Mayor closed the public hearing. Council Member Wheeler stated that he could not support the Specific Plan amendment because it does not protect trailer park residents. He also opposed PDC (Planned Development - Commercial) zoning. MOTION A motion was made by Council Member Hall, seconded by Resolution 86-65 Council Member Schafer, to adopt Resolution 86-65, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING SPECIFIC PLAN SP -85-01A, including the recommendations and modifications from the Planning Commission, and staff's modification of Para- graph 6, Page 25, of the Specific Plan document. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None h i1 J_ A,✓ PUBLIC HEARING The Clerkannounced the public hearing, continued from R-85-14 the meeting of May 5, 1986, for Rezone Petition R-85-14, City Council Costa Mesa City Council, to rezone 11 parcels from C2 (General Business) to Cl (Local Business) or CL (Commer- cial Limited) located at 1600, 1604, 1648-1670 Newport Boulevard, 186-198 East 16th Street, 1605 Orange Avenue, and the southeast corner of East 17th Street and Newport Boulevard. Environmental Determination: Negative Declaration adopted for Specific Plan SP -85-01. The Senior Planner mentioned that the rezone does not include mobile home parks. Richard Dodd, 201 Shipyard Way, Newport Beach, stated that the proposed rezone meets the property owners' needs. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Vice Mayor Ordinance 86-11 Hornbuckle, the Negative Declaration of Environmental Given First Impact was adopted; and Ordinance 86-11, being AN ORDI- Reading NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF ELEVEN PARCELS AT 1600, 1604, 1648-1670 NEWPORT BOULEVARD, 186-198 EAST 16TH STREET, 1605 ORANGE AVENUE, AND 141 EAST 17TH STREET FROM C2 TO Cl, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Senior Planner requested that the next two public hearings be considered at the same time because they involve related lot combinations. The Clerk announced the following public hearings which were continued from the meeting of May 5, 1986: PUBLIC HEARING Rezone Petition R-85-16, Richard H. Dodd, authorized R-85-16 agent for Paul Schwartz, for permission to rezone Eodd/Schwartz property at 1607 Orange Avenue from R2 (Multiple - family Residential) to Cl (Local Business Commercial). Environmental Determination: Negative Declaration. PUBLIC HEARING Rezone Petition R-85-18, Richard H. Dodd, authorized R-85-18 agent for Herbert F. Sampson, for permission to rezone Dodd/Sampson property at 1604 Newport Boulevard and 1609 Orange Avenue from R2 (Multiple -family Residential) to Cl (Local Business Commercial). Environmental Determina- tion: Negative Declaration. The Planning Commission and Planning staff recommended giving first reading to the rezone ordinances and delay- ing second reading and adoption until the lots have been combined. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council Ordinances 86-12 Member Schafer, the following action was taken: and 86-13 Given First Reading The Negative Declaration of Environmental Impact for Rezone Petition R-85-16 was adopted; and first read- ing was given to Ordinance 86-121 being AN ORDINANCE l r OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING AT 1607 ORANGE AVENUE FRCM R2 TO Cl, delaying second reading and adoption until the lots have been combined -or for a maximum of one year; The Negative Declaration of Environmental Impact for Rezone Petition R-85-18 was adopted; and first read- ing was given to Ordinance 86-13, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING AT 1604 NEWPORT BOULEVARD AND 1609 ORANGE AVENUE FROM R2 TO Cl, delaying second reading and adoption until the lots have been combined or for a maximum of one year. 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 RECESS The Mayor declared a recess at 9:55 p.m., and the meet- eeting ingwas reconvened at 10:05 p.m. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -86-64 set for the public hearing to consider an appeal of Robbins/Mobil Oil Conditions of Approval No. 8, for a one-year approval, and No. 28, locate one central driveway on Harbor Boule- vard, from Donald A. Robbins, Mobil Oil Corporation, 17822 East 17th Street, Tustin, in connection with Planning Action PA -86-64, for a Conditional Use Permit to remodel a gas station and to include a car wash at 3195 Harbor Boulevard in a Cl zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. No communi- cations have been received. The Senior Planner referred to staff's memorandum dated May 28, 1986. In October, 1985, the Planning Commission approved Planning Action PA -85-171, for a Conditional Use Permit to remodel and expand the existing gas sta- tion and to add a convenience store. Conditions of Approval included the standard renewal condition, that is, requiring administrative renewal every two years after the initial one-year approval period. A single driveway was proposed for the Harbor Boulevard frontage; therefore, no condition requiring such was necessary. Transportation Services has routinely recommended one driveway per frontage because it allows for safer on - and off-site traffic circulation patterns. The City Council also heard the above application since it was the first gasoline/mini-market where a condition prohibiting sales of alcoholic beverages was included. The appellant was not present. A motion was made by Council Member Hall to approve Planning Action PA -86-64 based on the findings and analysis contained in the Staff Report, and subject to all conditions recommended by the Planning Omission except with Condition No. 8, one-year approval, deleted. The motion died for lack of a second. During discussion, Council Member Hall stated that he felt the one-year approval period was unfair because it may hamper the applicant's ability to obtain a loan for the improvement. Council Member Wheeler commented that Council Member Hall's point is a valid one; however, he did not believe the standard one-year approval should be deleted until after the Council has had the opportunity to re-evaluate that condition. MOTION A motion was made by Vice Mayor Hornbuckle, seconded Planning Commission by Council Member Wheeler, adopting the Negative Conditions of Declaration of Environmental Impact, and upholding the Approval for Planning Commission's decision for approval of Planning PA -86-64 Upheld Action PA -86-64, based on the analysis and findings contained in the Staff Report and subject to all condi- tions recommended by the Planning Commission. The motion carried 5-0. MOTION On motion by Council Member Hall, seconded by Council Directed Study Member Wheeler, and carried 5-0, staff was directed to of CUP Ordinance investigate the possibility of modifying or excluding the one-year and subsequent two-year approval periods from the Conditional Use Permit Ordinance. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -86-72 set for the public hearing to consider the appeal of Strader Condition of Approval No. 10, requiring construction of a sidewalk, from Ruby C. Strader, in connection with Planning Action PA -86-72, for variances from rear yard coverage and vehicle backout, in conjunction with a carport addition to an existing accessory structure containing a garage and a recreation room at 413 Broadway in an Rl zone. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. Communications have been received from Mr. and Mrs. Bill Beck, 419 Broadway, and Mr. and Mrs. J. Common, 409 Broadway, both stating that the Strader's are not cur- rently nor have they ever used the rec-room as a rental residence. The Senior Planner reviewed staff's memorandum dated May 27, 1986, which indicates that most of the off-site public improvements in R1 developments have been condi- tions on the original subdivision tract map. Although not required by ordinance, sidewalks have been required on Rl lots where significant improvements are planned or where a variance or a Conditional Use Permit is approved. Staff's memorandum states that General Plan Policy No. 202 requires sidewalk installation as a Condition of Approval for all building permits in excess of a specified value. Although no valuation was identified in the policy, the Engineering Division has utilized the value of $2,000.00 to trigger sidwalk installation. Based on valuation charts used by the Building Safety Division, the estimated valuation of the proposed carport is $4,500.00 The Senior Planner pointed out that only two parcels on this street (including the subject site) are without sidewalks. Council Member Hall was of the opinion that $2,000.00 was too low to require sidewalk installation and would therefore recommend deletion of Condition No. 10. Council Member Wheeler suggested re-evaluating the policy, and directing the appellant to make a cash deposit for the cost of the sidewalk. If the Council changes the policy, the money could be refunded. 1173 Vice Mayor Rornbuckle commented that it is important to have City sidewalks completed. Robert Strader, representing the appellant, stated that it is not appropriate to require installation of the sidewalk. James Conlon, 409 Broadway, was opposed to the require- ment for construction of a sidewalk. Mark Korando, 582 Park Dive, Costa Mesa, spoke in support of the sidewalk requirement. Dave Slaughter, 2435 Orange Avenue, Costa Mesa, reported that he formerly lived at 250 Broadway and it was his opinion that a sidewalk is not needed on that street. There being no other speakers, the Mayor closed the public hearing. A motion was made by Council Member Hall to grant relief from Condition No. 10 based on two findings: the dollar amount utilized to require sidewalk construction is unrealistic; and the Council has granted relief many times before. The motion died for lack of a second. MOTION After further discussion, a motion was made by Council Upheld Planning Member Wheeler, seconded by Vice Mayor Hornbuckle, to Commission Action- uphold the action of the Planning Commission regarding for Condition Condition No. 10; directing staff to prepare a report No. 10; Directed on what alternatives the Council might be able to use Staff to Provide and to submit that report within four months; to allow Alternatives the appellant to deposit the projected cost of the sidewalk in an interest-bearing account acceptable to the City until a determination is made as to what the standards will be, and at that time, if the application falls within those standards, then the appellant would be required to install the sidewalk with the money in the account; and if the standards would affect tonight's Council action so that the appellant would not have to install.the sidewalk,, then the money would be refunded; and in the interim, the appellant would be able to proceed with the project. Council Member Hall stated that he could not vote yes or no on the motion as it was stated. The motion car- ried 4-0, Council Member Hall abstaining. PUBLIC HEARING The Clerk announced that this was the time and place Levying Assessment set for the public hearing to consider levying an in Landscaping assessment for Landscaping Assessment District No. 1, Assessment Tracts 9901 and 12011, located south of Sunflower District No. 1 Avenue and east of Smalley Road. The Affidavit of Publication is on file in the Clerk's office. Ab communications have been received. There beim no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council Resolution 86-66 Member Wheeler, Resolution 86-66, being A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1986-87 WITHIN THE CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER ONE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Levying Assessment set for the public hearing to consider levying an in Landscaping assessment for Landscaping Assessment District No. 2, Assessment Tract 10513, located west of Bear Street and north of District No. 2 the Corona del Mar (73) Freeway. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council Resolution 86-67 Member Schafer, Resolution 86-67, being A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1986-87 WITHIN THE CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER TWO, was adopted by the following roll Towing Rate call vote: Increases AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle MOTION Schafer, Hall, Wheeler Resolution 86-68 NOES: COUNCIL MEMBERS: None Adopted ABSENT: COUNCIL MEMBERS: None NEW BUSINESS RATE SCHEDULE FOR CERTAIN TOWING SERVICES PURSUANT TO The Clerk presented Planning Action PA -86-57 (Redevelop - PA -86-57 ment Action RA -86-06), S. A. Andranian, for a variance Andranian from rear setback requirements to add ti%u apartments to a site with an existing house at 179 Flower Street in an R2 zone. Environmental Determination: Exempt. The Planning Commission denied the variance on April 28, 1986, and the Redevelopment Agency approved RA -86-06 on May 13, 1986. Mr. Andranian offered to pave the half width of the alley adjacent to his property, and pay his share of the cost to construct the entire alley when the other property owners contribute their share. Mr. Andranian also agreed to all conditions. Council Member Wheeler stated that the lot is over- built and that the adjacent single-family residences will be negatively impacted. MOTION A motion was made by Council Member Hall, seconded by PA -86-57 Council Member Schafer, approving PA -86-57 subject to Approved all conditions, including the modifications contained in staff's memorandum of May 27, 1986. The motion carried 3-2, Council Members Hornbuckle and Wheeler voting no. Towing Rate The Clerk presented proposed rate increases for certain Increases towing services within the City. MOTION A motion was made by Council Member Hall to adopt Resolution 86-68 Resolution 86-68, being A RESOLUTION OF THE CITY COUN- Adopted CIL OF THE CITY OF COSTA MESA, CALIFORNIA, FIXING THE RATE SCHEDULE FOR CERTAIN TOWING SERVICES PURSUANT TO SECTION 9-284 OF THE COSTA MESA MUNICIPAL CODE, incorporating deletion of "Freeway Tow" and adding "Extra Heavy Duty Towing at $125.00 per hour". The motion was seconded by Council Member Schafer, and carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCILMANIC COMMENTS Council Member Wheeler congratulated the Lions Club Fish Fry for a great fish fry and parade. 1 Senior Citizens Vice Mayor Hornbuckle reported that she has received Committee a letter from Gerry Speheger submitting her resignation from the Senior Citizens Committee because of health problems. The Vice Mayor suggested appointment of alternate Maita Linehan to the committee. MOiTION On motion by Vice Mayor Hornbuckle, seconded by Council Speheger Resignation Member Hall, and carried 5-0, the resignation of Gerry Accepted; Linehan Speheger was accepted, and Maita Linehan was appointed Appointed to the Senior Citizens Committee. Vice Mayor Hornbuckle mentioned that t:o new alternate members are needed. Apartment Vice Mayor Hornbuckle reported that she and Council Association Member Hall attended a meeting of the Apartment Asso- Meeting ciation of Orange County which was very informative. The Vice Mayor indicated that the City could probably obtain some good ideas for rehabilitation of certain City areas, such as Shalimar Drive and Center Street. Alternate Council Vice Mayor Hornbuckle moved to place on a Study Session Identification Agenda as soon as possible, suggestions from the City Manager for alternate forms of identification for Coun- cil Members. The motion was seconded by Council Member Hall, but failed to carry 3-2, Council Members Hertzog, Schafer, and feeler voting no. ADJOURNMENT The Mayor declared the meeting adjourned at 11:15 p.m. a r -of the City o a Mesa ATTEST: _ ity Clerk,bf the CiAof7a,a