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HomeMy WebLinkAbout10/06/1986 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 6, 1986 The City Council of the City of Costa Mesa, California, met in regular -session October 6, 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 the Reverend Paul Thomas, Church of Christ. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MINUTES On motion by Council Member Schafer, seconded by Council September 15, 1986 Member Wheeler,.and carried 5-0, the minutes of the regular meeting of September 15, 1986, were approved as distributed. ORDINANCES A motion was made by Vice Mayor Hornbuckle; seconded by Council Member Wheeler, and carried 5-0, to read all ordinances by title only. PROCLAMATION Mayor Hertzog read a proclamation proclaiming the week Red Ribbon Week of October 27 through November 3, 1986, as "Red Ribbon Week" in the City of Costa Mesa. Californians For Drug - Free Youth and the California Department of Alcohol and Drug Programs are asking citizens to take this oppor- tunity to demonstrate their commitment to drug-free lives by wearing red ribbons from October 27 through November 3. The proclamation was presented to a repre- sentative of the sponsors of this activity. ANNOUNCEMENTS The Mayor made the following announcements: Public Hearing No. 1, concerning the Sakioka property, will be continued to the Council meeting of November 3, 1986. Public Hearing No. 2, appeal of the Planning Commis- sion's denial of Zone Exception ZE-78-48A2, will be referred back to the Planning Commission. Old Business No. 2, appointment of the Cable Television Committee, will be referred to the Council Study Session of October 13, 1986. ORAL Mildred Kniss, Costa Mesa Mobile Estates, 327 West COMMUNICATIONS Wilson Street, Costa Mesa, reported that the owner of the park intends to increase the number of spaces which Costa Mesa will result in senior citizens' mobile homes being Mobile Estates moved to other spaces. She contended that in the past, there were seniors' mobile homes that had been moved, damaged, and never repaired. Mayor Hertzog asked Ms. Kniss to submit the names of the senior citizens who have had problems because of reloca- tion of their mobile homes. Glen Greener, 14 Field, Irvine, representing the owner of the park, urged the Mayor to have Ms. Kniss identify the seniors who have been wronged. Council Member Wheeler advised Ms. Kniss that the plot plan for Costa Mesa Mobile Estates was being discussed at the Planning Commission Study Session, which was in session in the first floor Conference Room. He sug- gested that she attend that meeting. Long Tenn James Miller, fornmer Costa Mesa police officer, who was Disability Pay injured while on duty, submitted documentation concern - for Former ing problems he has had with the Personnel Department Poiice Officer and James Benefits in attempting to collect disability payments. Mr. Miller reported that the City Manager and City Attorney have been doing their utmost to resolve the matter; however, the delays caused by the Personnel Department have caused a great hardship. The City Manager reported that there are certain legal opinions he must obtain from the City Attorney and the attorney for James Benefits before he can release the funds. He mentioned that the Long Term Disability plan has serious flaws. The City Attorney advised that he would have a report for the Council at their meeting of October 14. Council Member Wheeler recommended that the City lend Mr. Miller $1,000.00 for 90 days at 7 percent simple interest; however, Mr. Miller declined the offer. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that an agreement be executed between Mr. Miller and the City whereby Mr. Miller would obtain funds immedi- ately, and if it were found that he was not entitled to those funds, Mr. Miller would repay the money. Mayor Hertzog responded that she was confident that the City Manager and City Attorney would be able to resolve the problem soon. Excessive Speed Lance Thompson -Hailstone, 1102 E1 Camino Drive, Costa on El Camino Drive Mesa, stated that since his complaint last March about the excessive speed and traffic on E1 Camino Drive, he has attended numerous Traffic Commission meetings. He disagreed with staff's findings and the Traffic Commis- sion's recommendations as stated in the Traffic Commis- sion minutes of September 3, 1986. Mr. Thompson - Hailstone commented that since the police contend that the 25 -mile -per -hour speed limit cannot be enforced, closure of E1 Camino Drive should be considered. Council Member Hall suggested that the Public Services staff explore means of remedying the traffic problem inasmuch as they have produced very innovative plans for other areas of the City. Lee Dean, 1199 E1 Camino Drive, Costa Mesa, asked when the E1 Camino Drive issue would come before the Council. The Mayor responded that it will be scheduled for the meeting of November 3, 1986. Mr. Dean offered to distribute notices of the Council meeting to the area residents. He opposed closure of the street and recom- mended an increase in police patrols, installation of a stop sign at the Monterey Avenue/E1 Camino Drive intersection, and installation of signs warning motor- ists that they are approaching a 25 -mile -per -hour zone. West Side Street Pat Dolan, 923 West 20th Street, Costa Mesa, spoke in Closures opposition to the temporary street closures approved by Council September 15, 1986: Monrovia Avenue at 20th Street, Continental Avenue at Oak Street, and across Federal Avenue north of Oak Street. It was his opinion that these closures would adversely affect West 20th Street because motorists would not be aware of the street closures and would use West 20th Street as a turnaround. Mr. Dolan asserted that posting signs warn- ing motorists of the closures will not be effective. He submitted a plan which he believed was more viable than the plan approved by the Council. Mr. Dolan also voiced his concern about the parking situation on West 20th Street, reporting that the street is only 30 feet wide. The Director of Public Services reminded Mr. Dolan that the closures are temporary, staff will be monitoring the area, and if the temporary closures are not effec- tive, changes will be made. Evelyn Dolan, 910 West 20th Street, and Clarice Crusha, 904 West 20th Street, objected to the proposed closures. The City Manager reported that police personnel will be diverting traffic before it gets to 20th Street, that flyers were being mailed and signs posted giving notice of the street closures. Pat Dolan spoke again to reiterate his disagreement with the proposed street closures. Vice Mayor Hornbuckle commented that she received many calls from residents on West 20th Street who disagreed with Mr. Dolan's viewpoint. Historical Society Betty Jean Beecher, 200 Magnolia Street, Costa Mesa, Anniversary member of the Costa Mesa Historical Society, announced that the society will be celebrating its 20th anniver- sary on Sunday, October 26, 1986, from 11:00 a.m. to 3:00 p.m., at the Neighborhood Community Center. She requested waiver of the fees for use of the center. MOTION A motion was made by Council Member Hall, seconded by Waiver of Fee Council Member Wheeler, and carried 5-0, denying the Denied request to waive the $150.00 fee for use of the center. MOTION On motion by Council Member Hall, seconded.by Mayor Donation to Pay Hertzog, authorization was given to donate $150.00 to Fee Approved the,Historical Society to be used to pay the fee for use of the Neighborhood Community Center. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: ODUNCIL MEMBERS: None EIR for Victoria Sid Soffer, 900 Arbor Street, Costa Mesa, attempted to Street Widening discuss Item 10 on the Consent Calendar, Environmental Impact Report (EIR) for the Victoria Street widening, because he believed it was relevant to the west side street closures. Mayor Hertzog informed Mr. Soffer that since the Victoria Street EIR is an Agenda item, his comments should be made when that item is presented. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 8(d), Claim from Irene Jeanson; Item 10, Agreement for Environmental Impact Report for Victoria Street widening; Item 13, Budget Adjustment No. 87-25, X31 _ Q� WRITTEN COMMUNICATIONS Golf Course Policies MOTION/Referred to. Leisure Services Santa Ana River Flood Protection Agency Membership for Buena Park MOTION Resolution 86-103 Adopted Alcohol and Drug Abuse Prevention MOTION Resolution 86-104 Adopted READING FOLDER Environmental Impact Report Study for the Monrovia Avenue closure; Item 14(a), Completion of Installation of the Tot Lot at Lions Park; Item 17(b), Parking prohibition on Mendoza Drive for street sweeping; Item 17(c), Parking prohibition on Valencia Street for street sweeping; Item 17(d) Parking prohibition on Mission Drive for street sweeping; Item 17(e), Installa- tion of a stop sign on Date Place at Cinnamon Avenue; and Item 17(f), Establish Cinnamon Avenue as a through street. On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None A letter was received from Rod Sackett, 2308 La Linda Place, Newport Beach, concerning policies at the Costa Mesa Golf Course. On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, this item was referred to the Leisure Services Director for an updated report. A letter was received from the Santa Ana River Flood Protection Agency, 811 North Broadway, Suite 600, Santa Ana, requesting the City of Costa Mesa to ratify inclu- sion of the City of Buena Park as a member of the Agency. On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, Resolution 86-103, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RATIFYING MEMBERSHIP OF THE CITY OF BUENA PARK IN THE SANTA ANA RIVER FLOOD PROTECTION the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: AGENCY, was adopted by Hertzog, Schafer, None None Hornbuckle, Hall, Wheeler A letter was received from the Attorney General and the Superintendent of Public Education requesting Council to adopt a resolution concerning alcohol and drug abuse prevention. On motion by Vice Mayor Hornbuckle, sec- onded by Council Member Hall, Resolution 86-104, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING THE PROGRAM OF ALCOHOL AND DRUG ABUSE PREVENTION A HIGHEST PRIORITY FOR THE 1986-87 SCHOOL YEAR, 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 Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Gertrude T. Anderson; Mac Auerbach on behalf of Martin Auerbach; Law firm of Di Marco and Araujo on behalf of James Chapman Bell; Lafayette N. Coons, II; Attorney Patricia A. McDonald on behalf of Charles Stewart Gardner, guardian of Renee Francis Gardner; Charles W. Jobbins; Sue M. Moore on behalf of John P. Moore; Attorney Theodore S. Wentworth on behalf of Warner Alfred Raskin; Orlean C. Schroeder; MaryAnne Somerville; and Mr. and Mrs. Nicholas Varzak. 46- ; 0 Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Aurica, Incorporated, doing business as Pronto Ristorante, 3333 Bristol Street, Suite 2224; Carter, Hawley Hale Stores, Incorporated, doing business as The Broadway, 2nd and 3rd floors, 3333 Bear Street; E1 Torito Restaurants, Incorporated, doing business at 633 Anton Boulevard; JoJo's Restaurants, Incorpor- ated, doing business as Coco's, 1507 South Coast Drive and 2750 Harbor Boulevard; Gianfranco and Maria Marin, doing business as Luigi's, 1862 Placentia Avenue; and Zeb's World Famous Boathouse, Incorporated, doing business as Henry N Harry's Goat Hill Tavern, 1830 Newport Boulevard. Public Notice frcan the Public Utilities Commission that Utilities Southern California Gas Company has filed Applica- Commission cation No. 86-09-029, for reduction of certain rates effective January 1, 1987, and Application No. 86-09- 030, to increase certain rates effective January 1, 1987. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Knights of Purpose was received from Knights of Columbus, 270 Robin Columbus Hood Lane, Costa Mesa, by soliciting funds October 10 to 12, 1986, with Tootsie Rolls to be offered when a dona- MOTION tion is given. On motion by Vice Mayor Hornbuckle, Permit Approved seconded by Council Member Hall, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). Seventh Day Notice of Intention to Appeal or Solicit for Charitable Adventist Church Purpose was received from Seventh Day Adventist Spanish Church, 271 Avocado Street, Costa Mesa, by door-to-door solicitation October 18 to December 27, 1986, for world - MOTION wide missions. On motion by Vice Mayor Hornbuckle, Permit Approved seconded by Council Member Hall, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). Girl Scouts Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Girl Scout Council of Orange County, 1620 Adams Avenue, Costa -Mesa, by selling calendars October 16 to November 16, 1986, and by sell - MOTION ing cookies January 22 to March 22, 1987. On motion by Permit Approved Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, the permit was approved with applica- tion of Municipal Code Section 9-234(j). REJECTED CLAIMS On motion by Vice Mayor Hornbuckle, seconded by Council Bertuleit Member Hall, and carried 5-0, the claim from Mark Bertuleit was rejected. Miku On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, the claim from Brett Miku was rejected. Mora/Baldwin On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, the claim from Gerald Mora, Ronald Mora, Irene Baldwin, and Walter Baldwin, was rejected. ADMINISTRATIVE Bids received for Bid Item 736, One Personal Computer, ACTIONS are on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, the Bid Item 736 contract was awarded to Gateway Computer, 22722 Lambert Personal Computer Street, Suite 1707, E1 Toro, for $7,482.54. The motion carried by the following roll call vote: -1Q,& 't; MOTION Awarded to Gateway Computer AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 738 Bids received for Bid Item 738, Remove Parkway Trees; Remove Parkway Remove and Replace Adjacent Curb and Gutter and Side - Trees; Replace walk, are on file in the Clerk's office. On motion Curb and Gutter by Vice Mayor Hornbuckle, seconded by Council Member and Sidewalk Hall, the contract was awarded to General Procurement Delhi Channel and Construction Company, Incorporated, 3100 Airway MOTION Avenue, Suite 138, Costa Mesa, for $139,150.00. The Awarded to motion carried by the following roll call vote: General AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Procurement Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Tustin/19th Storm Bids received for Construction of the Tustin Avenue/19th Drain Street Storm Drain are on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member Hall, the contract was awarded to Mike Prlich Awarded to and Sons, 9316 Klingerman Street, South E1 Monte, for Mike Prlich and $1,787,619.00. The motion carried by the following roll Sons call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "B" The Director of Public Services recommended approval of CH2M Hill Change Order "B" for $25,000.00, to the contract with Mladen Buntich CH2M Hill, 2150 Red.Hill Avenue, Suite A, Santa Ana, for Concrete Box at completion of the design of a triple 20 -foot by 16 -foot Bristol/Santa Ana concrete box at Bristol Street and the Santa Ana -Delhi Delhi Channel Channel. The additional work is required because specific design changes were made by the County of MOTION Orange. On motion by Vice Mayor Hornbuckle, seconded Change Order by Council Member Hall, the change order was approved Approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract 12815, Newport Tract 12815 Harbor Builders,'Incorporated, 891 Production Place, Newport Harbor Newport Beach; 7 lots, 0.967 -acre, located at 2066 and Builders 2070 Orange Avenue, for condominium purposes. On motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member Hall, and carried 5-0, the map was approved; the Map Approved Council did accept on behalf of the City the ingress/ egress easement for emergency and security purposes as dedicated; and the Clerk was authorized to sign the map on behalf of the City. Notice of Completion Installation of the Santa Ana -Delhi Channel Storm Drain Santa Ana -Delhi from the Orange County Facility (FO1) to Trinity Drive Channel Storm Drain has been completed to the satisfaction of the Director Mladen Buntich of Public Services by Mladen Buntich Construction Company, 9946 Rancho Caballo Drive, Sunland. On motion MOTION by Vice Mayor Hornbuckle, seconded by Council Member Work Accepted Hall, the work was accepted; the Clerk was authorized to file a Notice of Completion; authorization was given to release 50 percent of the retention funds 35 days there- after; the Labor and Material Bond was ordered exoner- ated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: 1 285 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Installation of the Storm Drain in the Easement between Anaheim/Maple Storm Anaheim and Maple Avenues and Street Construction for Drain Anaheim Avenue has been completed to the satisfaction of Husby Construction the Director of Public Services by Husby Construction, 3457 Paseo Flamenco, San Clemente. On motion by Vice MOTION Mayor Hornbuckle, seconded by Council Member Hall, the Work Accepted work was accepted; the Clerk was authorized to file a Notice of Ccmpletion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements for Improvements for Parcel Map S-84-376, located on Harbor Parcel Map S-84-376 Boulevard between Newport Boulevard and 19th Street, by Pacific Savings have been completed to the satisfaction of the Director Bank of Public Services by Pacific Savings Bank, 1901 Newport Boulevard, Costa Mesa. On motion by Vice Mayor MOTION Hornbuckle, seconded by Council Member Hall, the work Work Accepted was accepted, and the cash deposit of $5,000.00 was ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements,for Improvements for Parcel Map S-84-389, located on South Parcel Map S-84-389 Coast Drive between Bear Street and San Leandro Lane, by Arnel have been completed to the satisfaction of the Director Development of Public Services by Arnel Development Company, 505 North Tustin Avenue, Suite 150, Santa Ana. On motion by MOTION Vice Mayor Hornbuckle, seconded by Council Member Hall, Work Accepted the work was accepted. 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 Parking Prohibition The Traffic Commission has recommended that parking be on East 19th Street prohibited along the northerly curb of East 19th Street for 202 feet east of Fullerton Avenue, for implementa- tion of a left -turn pocket. On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, Resolution MOTION 86-105, being A RESOLUTION OF THE CITY COUNCIL OF THE Resolution 86-105 CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON Adopted A PORTION OF EAST 19TH STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Permit Parking on The Traffic Commission has recommended that Littleton Littleton Circle Circle be included in the Permit Parking District in the College Park tract. On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, Resolution 86-106, MOTION being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Resolution 86-106 COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON LITTLETON Adopted CIRCLE NEAR,THE ORANGE COUNTY FAIRGROUNDS BETWEEN 6:00 P.M. AND 11:00 P.M. WITHOUT RESIDENT PERMIT, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference On motion by Vice Mayor Hornbuckle, seconded by Council Advances Member Hall, and carried 5-0, the following Conference Advances were approved: Conference Advance for $998.00, for a police officer to attend a Narcotics Investigation Course in Sacramento, October 5-17, 1986. Conference Advance for $596.00, for two police officers to attend a Background Investigation Course in San Jose, October 27-30, 1986. Jeanson Claim Item 8(d) on the Consent Calendar was presented: Claim from Irene Jeanson. Richard Preston, 121 Collins Avenue, Newport Beach, representing Ms. Jeanson, asked why the claim was rejected. Mr. Preston contended that even though the accident did not occur on City property, the senior dance was City -sponsored. MOTION After brief discussion, a motion was made by Vice Mayor Held Over Hornbuckle, seconded by Council Member Hall, to continue this item to November 3, 1986, in order to obtain more information from the City Attorney. The motion carried 4-1, Council Member Wheeler voting no. Agreement/Phillips Item 10 on the Consent Calendar was presented: An Brandt Reddick agreement with Phillips Brandt Reddick, 18012 Sky Park Circle, Irvine, for preparation of an Environmental EIR for Victoria Impact Report (EIR) for the Victoria Street widening Street Widening from Canyon Drive to Harbor Boulevard. The agreement stipulates that the cost shall not exceed $25,360.00. Council Member Wheeler commented that since he is not in favor of widening Victoria Street, he did not intend to vote for approval of this item. He suggested that Council first decide if widening the street is a real possibility before spending money for an EIR. MOTION A motion was made by Council Member Hall, seconded by Agreement Vice Mayor Hornbuckle, approving the agreement, and Approved authorizing the Mayor and Clerk 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 Budget Adjustment Item 13 on the Consent Calendar was presented: Budget No. 87-25/EIR Study Adjustment No. 87-25 for $13,000.00, to conduct an for Monrovia Avenue Environmental Impact Report Study for the Monrovia Closure Avenue closure. The City Manager reported that in order to accomplish the closure on October 13, it will be necessary for the Council to approve the rental of barricades on an emergency basis at a cost of $7,000.00. 1 287 Staff contacted 12 vendors of construction barricade equipment and found only two who carried the necessary concrete barriers. The City Manager recommended obtain- ing the barriers from Alcorn Fence Company, 1570 East Edinger Avenue, Santa Ana, whose quotation of $7,000.00 was the lowest submitted. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Adjustment Member Hall, Budget Adjustment No. 87-25 for $13,000.00 Approved was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Rental of Member Hall, authorization was given to rent the street Barriers barriers from Alcorn Fence Company for $7,000.00. The Approved 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 Item 14(a) on the Consent Calendar was presented: Lions Park Tot Lot Completion of Installation of the Tot Lot at Lions Park Hondo Company by Hondo Company, 18392 East 17th Street, Santa Ana. Doug Yates, 274 Cecil Place, Costa Mesa, was of the opinion that the cost for this project was excessive. He commented that his children have had severe problems with wooden climbing apparatus such as the one installed at Lions Park. Mr. Yates stated that the substance used to coat the apparatus causes rashes on some people. The City Manager responded that the total cost for the Lions Park improvements was $78,239.00 and included replacement of the irrigation system. He reported that the project went out to bid and the contract was awarded to the lowest bidder. MOTION On motion by Council Member Hall, seconded by Vice Mayor Work Accepted Hornbuckle, the work was accepted; the Clerk was author- ized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exoner- ated 12 months thereafter. 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 Parking Prohibition Items 17(b), 17(c), and 17(d) on the Consent Calendar for Street Sweeping were presented: Parking prohibition for street sweeping on Mendoza Drive, on Mendoza Drive, Valencia Street, and Mission Drive. Valencia Street, and Mission Drive Council Member Wheeler opposed the parking prohibition for street sweeping because it was not requested by the residents and because he believed the prohibition would cause much inconvenience in the area. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 86-107 Member Hall, Resolution 86-107, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON MONDAYS BETWEEN 8:00 A.M. AND 10:00 A.M. ON A PORTION OF MENDOZA DRIVE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: LqS AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 86-108 Member Hall, Resolution 86-108, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON MONDAYS BETWEEN 8:00 A.M. AND 10:00 A.M. ON A PORTION OF VALENCIA STREET FOR THE PUR- POSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 86-109 Member Hall, Resolution 86-109, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON MONDAYS BETWEEN 8:00 A.M. AND 10:00 A.M. ON A PORTION OF MISSION DRIVE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Stop Sign on Date Items 17(e) and 17(f) on the Consent Calendar were pre - Place at Cinnamon sented: Installation of a stop sign on Date Place at Avenue; Establish Cinnamon Avenue, and establishing Cinnamon Avenue as a Cinnamon Avenue through street. as Through Street Council Member Wheeler opposed these two actions because he believed they were unnecessary. He mentioned that he lives in the neighborhood of Date Place and Cinnamon Avenue and he did not receive a notice of the Traffic Commission hearing. - Based on the information contained in the Traffic Commission minutes of September 3, 1986, the following action was taken: MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 86-110 Member Hall, Resolution 86-110, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF A STOP SIGN ON DATE PLACE AT CINNAMON AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 86-111 Member Hall, Resolution 86-111, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING CINNAMON AVENUE AS A THROUGH STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:10 p.m., and the meet- ing reconvened at 8:25 p.m. OLD BUSINESS The Mayor presented a report concerning the Senior Citizens Needs Assessment Study. Senior Citizens Needs Assessment The City Manager referred to a memorandum frau the Leisure Services Director dated September 29, 1986, which summarizes recommendations frau Bette L. Davis and Associates, the firm authorized by Council to conduct the study: 1. A separate, independent senior center should be developed in Costa Mesa designed to meet the needs of the seniors. 2. The Neighborhood Community Center would be used more effectively for other programs if the seniors were housed in their own facility. 3. The City should attempt to locate a senior center in an existing building. 4. If the conversion of an existing building is not feasible, then a new center should be constructed. 5. A separate nonprofit corporation should be estab- lished to provide management of the center, to employ staff, and to conduct the business of the seniors center on behalf of the City. 6. A City official should be designated to act as liaison between the corporation and the City. 7. The corporation should be in place before selection, renovation, or construction of a senior center. 8. Minimal staffing for the center should consist of a director, an activities coordinator, an outreach/ services coordinator, at least one senior aide, clerical support, and janitorial and maintenance staff. . The City Manager requested Council direction on four policy issues: 1. Does the Council wish to commit resources for a senior citizens center? 2. If resources are to be committed, shall staff pursue the establishment of a nonprofit corporation to coordinate the project and future operation? 3. If a nonprofit foundation is to be established, which organizations in Costa Mesa should be repre- sented on that board. Staff recommended that the Senior Citizens Committee be assigned the task of making recommendations for board membership. 4. Declare the Council's intent to consider the repurchase of the Mardan School site for a seniors center. Gordon Dean, Chairman of the Senior Citizens Committee, read the committee's recommendations: 1. City should create an office of Director of Senior Affairs which should report directly to the City Manager. 2. City should authorize formation of a nonprofit corporation to plan and implement construction of an appropriate Senior Multipurpose Center. r-� F�q,An 3. City should establish a committee of representa- tives of various interested senior groups to act in an advisory capacity to plan, design, and construct a Senior Multipurpose Center. Carol Hoffman, President of the Board of Trustees of the Mardan Foundation, 695 West 19th Street, Costa Mesa, stated that the Mardan Board was pleased to learn that the City is considering purchase of the Mardan site for a Senior Citizens Center. In her letter to the City dated July 28, 1986, Ms. Hoffman reported that the Board of Trustees and the faculty came to the conclusion that because of the overcrowded classrooms, the poor condition of portable buildings, and the comparable appearance of most other schools, Mardan must be remodeled or expanded, or consideration must be given to relocating the school. In that letter, the Board of Trustees asked the City to release Mardan from certain restrictions in the original 1979 purchase agreement. Ms. Hoffman requested that the City make a decision concerning the purchase within 30 days, or by the end of November, 1986, at the latest, so that the Mardan Board could proceed with its plans. Council Member Wheeler stated that he believed the City should purchase the property even though it may not be used as a Senior Citizens Center. He commented that if the City found that it could not utilize the property and were to sell it after a year or so, it would not be a financial loss to the City. He suggested that Council exercise its right of first refusal. During discussion, Ms. Hoffman reported that Mardan had been offered $2 million for the site based on the deed restrictions being removed. Council Member Wheeler stated that there would be no benefit to the City if the restrictions were removed. Council Members Hertzog, Hornbuckle, and Hall agreed that it was essential to work out a program that would be beneficial to both the City and Mardan. Richard Preston, 121 Collins Avenue, Newport Beach, reported that the number of senior citizens in the City is increasing and larger facilities are needed. Mark Korando, 582 Park Drive, Costa Mesa, expressed his opinion that purchase of the site would be advantageous to the City,, regardless of the usage. In response to Council Member Schafer's inquiry, the City Manager stated that an estimated appraisal of the site could be obtained in approximately 30 days. Anne Shereshevsky, 2152 Elden Avenue, Costa Mesa, member of the Senior Citizens Committee, read a prepared state- ment reporting that there are now approximately 12,500 senior citizens in the City who need the space and environment to receive all necessary human and social services. Doug Yates, 274 Cecil Place, Costa Mesa, was in favor of purchase of the Mardan property by the City. 1 Council Member Hall mentioned that the City Manager is investigating other properties for the Senior Citizens Center. He thanked staff, the.Senior Citizens Commit - MOTION tee, and Bette L. Davis and Associates, for their input. Commit Resources A motion was made by Council Member Hall, seconded by for Seniors Center Vice Mayor Hornbuckle, and carried 5-0, to commit neces- sary resources for a Senior Citizens Center. MOTION On motion by Council Member Hall, seconded by Vice Mayor Establish a Hornbuckle, and carried 5-0, authorization was given to Nonprofit establish a nonprofit corporation for the operation of Corporation the Senior Citizens Center. MOTION On motion by Council Member Hall, seconded by Council Seniors Committee Member Schafer, and carried 5-0, the Senior Citizens Directed to Provide Committee was directed to establish the criteria and Criteria for Board make-up of the Board of Directors for the nonprofit of Directors corporation. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Requested a Report Council Member Hall, directing staff to provide a report for Repurchase of within 30 days if possible, but not longer than 60 days, Mardan Site concerning the possibility of repurchasing the Mardan site. Council Member Wheeler suggested that the motion also include that the Mardan Board of Trustees be put on notice that the City intends to exercise its right of first refusal. The City Manager recommended that Council authorize him to expend funds, in an amount not to exceed $5,000.00, to have an appraisal done of the Mardan site. AMENDED MOTION Vice Mayor Hornbuckle amended her motion to include the Exercise Right of above recommendations from Council Member Wheeler and First Refusal; the City Manager. The amended motion was seconded by Authorized Funds Council Member Hall, and carried by the following roll for Appraisal call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Gordon Dean, Chairman of the Senior Citizens Committee, thanked the Council for their support to provide a Senior Citizens Center. Cable Television On motion by Council Member Hall, seconded by Council Committee Member Schafer, and carried 5-0, appointment of a Cable Television Committee was referred to the Study Session MOTION/Referred of October 13, 1986, at 1:00 p.m., in the fifth floor to Study Session Conference Room of City Hall. WARRANTS On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, Warrant Resolution 1335, including Payroll MOTION 8619, was approved by the following roll call vote: Warrant 1335 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 1336 Member Hall, Warrant Resolution 1336 was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY The City Attorney referred to a confidential memorandum REPORTS from the Assistant City Attorney to the Insurance Com- mittee dated October 1, 1986, recommending settlement Jackson Lawsuit of the Alexander W. Jackson, et al, lawsuit. On motion by Council Member Hall, seconded by Council Member MOTION Schafer, the recommended settlement was authorized by Settlement the following roll call vote: Authorized AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Browne Lawsuit The City Attorney referred to a confidential memorandum frcam the Assistant City Attorney to the City Council dated October 1, 1986, recommending settlement of the MOTION Roy W. Browne lawsuit. On motion by Council Member Settlement Hall, seconded by Council Member Schafer, the recon -- Authorized mended settlement was authorized by 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 summarized his memorandum of October 2, 1986, concerning a request from the Bridge Task Force Pedestrian Bridge/ for a CENTFCCCS (Central Orange County Circulation Traffic Study Study) fund allocation. The Task Force was established to determine the feasibility and method of construction for a pedestrian crossing on Bear Street between South Coast Plaza and South Coast Plaza II. Task Force members are Council Member Schafer and representatives from six of the major department stores at South Coast Plaza. The Task Force has been discussing the need for traffic and pedestrian data for Bear Street, South Coast Drive, and Sunflower Avenue. The purpose in collecting the additional information is to assess existing traffic patterns, determine changes in those traffic patterns once South Coast Plaza II is opened, and document pedes- trian activity. This data would serve as the basis for determining the need for a pedestrian bridge or grade separation, the origin and destination of such a facil- ity, and long -tern capacity demand. Without such data, it would be difficult for the Task Force to focus on the bridge issue. A study would cost between $10,000.00 and $15,000.00. The Task Force discussed possible funding options and asked if CENTROCCS funds could be used since these funds were contributed by developers in the South Coast Plaza area for transportation facility design and improvement. Allocation of developer fees for the study does not commit the use of those funds for construction of such a facility. Council Member Wheeler was of the opinion that the developer and store owners should pay for the study since they will be the beneficiaries of a pedestrian bridge. Council Member Schafer commented that the study is to determine traffic circulation, and if traffic were alleviated, the City and taxpayers would benefit also. MOTION A motion was made by Council Member Hall, seconded by CENTROCCS Funds Council Member Schafer, authorizing an allocation from Authorized CENTROCCS funds in an amount not to exceed $15,000.00 [1 0 for the traffic study. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Gann Appropriation The City Manager reviewed his memorandum of October 2, Limit 1986, concerning the Gann Appropriation Limit. The City exceeded its limitation for fiscal year 1985-86, and in compliance with Article XIII -B of the Constitution of the State of California, the City is required to either reduce tax revenues as an offset to the appropriation excess, or seek voter approval for an appropriation increase. This decision must be made within a two-year period. After the City's final audit in September, 1986, it was detennined that the excess proceeds of taxes for fiscal year 1985-86 is $547,046.00. Since Costa Mesa is one of the few cities Statewide to deal with the Gann limitation issue, there are no firm guidelines to follow. The City Manager recommended that the Council take affirmative action in complying with the State Constitution by adopting a resolution which establishes a cash reserve of.$547,046.00, and dictates that interest be apportioned to this cash reserve until some determination is made as to its ultimate disposition. MOTION On motion by Council Member Hall, seconded by Council Resolution 86-112 Member Schafer, Resolution 86-112, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AND IMPOUNDING A CASH RESERVE FOR THE FISCAL YEAR 1985-86, TO COMPLY WITH ARTICLE XIII -B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, 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 HEARINGS On motion by Vice Mayor Hornbuckle, seconded by Council EIR, GP -86-1D, Member Hall, and carried 5-0, the following public hear - and R-86-02 ings were continued to the meeting of November 3, 1986: Urban.Assist/ Sakioka For Urban Assist, Incorporated, 3151 Airway Avenue, Costa Mesa, authorized agent for Roy K. Sakioka, MOTION Incorporated/Sakioka Farms, Incorporated, 14850 East Held Over Sunflower Avenue, Santa Ana, for property located south of Sunflower Avenue, east of Sakioka Drive, and west of Main Street and the Costa Mesa Freeway: Environmental Impact Report for General Plan Amendment GP -86-1D; General Plan Amendment GP -86-1D, to change the land use designation from High Density Residential to Urban Center Residential, and to increase the Commercial Center use from 391,000 to 1,438,000 square feet; and Rezone Petition R-86-02, to rezone from PDR -HD (Planned Development Residential -High Density) to PDR -UC (Planned Development Residential -Urban Center). PUBLIC HEARING On motion by Council Member Schafer, seconded by Council Appeal of ZE-78-48A2 Member Hall, and carried 5-0, the following item was Ramsay/Associated referred back to the Planning Commission because the Ventures applicant has new plans to submit: V 9 MOTION Appeal of the Planning Commission's denial of Zone Referred Back to Exception ZE-78-48A2 from Donald W. Ramsay, 3825 Planning Commission Birch Street, Newport Beach, authorized agent for Associated Ventures, for an amendment to a Planned Signing Program at 250 and 290 Bristol Street, in a Cl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications were received. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of PA -86-146 appeal of the side setback requirement in connection Easton/Small with the Planning Commission's approval of Planning Action PA -86-146 from Mike Easton, Post Office Box 1438, Costa Mesa, authorized agent for Mark J. Small, 1640 Caraway Drive, Costa Mesa, in conjunction with construc- tion of a carport/deck onto an existing apartment at 1640 Caraway Drive, in an R3 zone. Environmental Deter- mination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications were received. The Development Services Director referred to staff's memorandum of October 1, 1986, and the Staff Report. He stated that the Planning Commission approved a five- foot encroachment of the structure into the 15 -foot rear setback since it would not encroach any further than the remainder of the building, and because a 20 -foot wide alley provides enough building separation for sufficient light, air, and privacy between the properties. The Commission approved the side setback variance allow- ing the deck/carport to encroach only as far as the existing building, rather than allowing it at zero set- back as requested by the applicant. The structure, as approved, would encroach two feet into the required 10 -foot setback. The applicant appealed the Commission's decision on the side setback variance because he believes the addition will enhance the appearance of the building, provide recreational space for tenants of the four-plex, and provide more covered parking. In staff's opinion, the proposed deck would be available for tenants of one unit only since it would be constructed next to the front door of this one unit, and provide a covered area for one parking space and the trash bin. Staff has recommended that Council uphold the Planning Commission's approval of the rear setback variance; increase the side setback variance approved by the Plan- ning Commission by six inches for a minimum setback of 7.5 feet; and delete Condition Nos. 11, 12, and 13. The Development Services Director commented that staff was under the impression that the applicant agreed with the additional six-inch setback for a total encroachment of 2-1/2 feet; however, it now appears that applicant wants to encroach five feet. Mike Easton, authorized agent, contended that properties at 3110 and 3090 Mace Avenue, and at 3129 Cinnamon Ave- nue, have setbacks ranging from 5 feet, 2 inches, to 5 feet, 10 inches, and he was asking for the same privi- lege for his property. Mr. Easton reported that although he would prefer zero setback, an additional 2-1/2 feet (for a total of 5 feet) would be acceptable. Mayor Hertzog commented that Mr. Easton was submitting a request which is different from the one he presented to the Planning Commission. 1 Council Member Wheeler stated that the plans for a set- back of 5 feet proposed by Mr. Easton are not the same as those submitted to the Planning Commission; there- fore, Mr. Easton should agree to a setback of 7-1/2 feet or sutmit his new plans (5 -foot setback) to the Planning Ccmmission. Council Member Hall commented that if Mr. Easton insisted on requesting a 5 -foot setback, he must go back to the Planning Commission with the new request. Mr. Easton agreed to go back to the Commission. Mark Korando, 582 Park Drive, Costa Mesa, remarked that the City does not have sight distance standards and suggested that County standards -be implemented. The Public Services Director responded that the City does use the County sight distance standards. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council Referred Back to Member Wheeler, and carried 5-0, this item was referred Planning Commission back to the Planning Commission so that the applicant could submit his new plans for a 5 -foot side setback. Council Member Council Member Wheeler left the Council dais and did Wheeler Leaves not participate in the voting for the next public hearing. PUBLIC HEARING The Clerk announced the public hearing to consider an Ali's Appeal of application from Shaukat A. Ali, California Wine Vault, PA -86-158 695 Town Center Drive, Suite 170, Costa Mesa, appealing Taeger/Segerstrcm the Planning Commission's approval of Planning Action PA -86-158, Stanley D. Taeger, 611 Anton Boulevard, Suite 710, Costa Mesa, authorized agent for C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, for Conditional Use Permits for outdoor sales of pre- pared foods, in conjunction with outdoor jazz concerts at 611 Anton Boulevard and 695 Town Center Drive, in a TC zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications were received. The Development Services Director reported that the concerts have been going on for eight years. He sununar- ized staff's memorandum dated September 24, 1986, which states that Mr. Ali filed the appeal because he believes that selling food at the concerts has an adverse and unfair effect on his business (a sandwich shop). Mr. Ali also stated that he would have attended the Planning Commission hearing but did not receive a notice. The findings in the Staff Report take into consideration the impacts the use may have on traffic, parking, noise levels, etc.; however, they do not consider financial impacts on surrounding tenants. Secondly, State law requires that only property owners listed on the latest County Tax Assessor rolls be notified of public hearings for such applications. Karen Wholey, representing Stanley Taeger and South Coast Plaza Town Center, was present to answer questions from the Council. She commented that she does not know the basis for'Mr. Ali's complaint. Mr. Ali was not present. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hall, seconded by Commission's Council Member Schafer, to uphold the Planning CommiS- Approval Upheld sion's approval of Planning Action PA -86-158. The motion carried 4-0, Council Member Wheeler absent. Council Member Council Member Wheeler returned to the dais at this Wheeler Returns time. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of appeal of the Planning Commission's denial of Planning PA -86-172 Action PA -86-172 from Al Pigneri, 1400 Quail Street, Pacific Building Suite 190, Newport Beach, for a variance from front Concepts/Pigneri setback requirements for encroachment of a parking space, in conjunction with construction of a five -unit apartment project at 2206 Canyon Drive, in an R2 zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. No communications were received. The Development Services Director referred to staff's memorandum of September 25, 1986. He reported that the Planning Commission denied the variance to allow a 10 -foot encroachment of a parking space into the required 20 -foot setback. The appellant believes that the lot width and topography present a site hardship justifying the variance; how- ever, the width of the lot is 66 feet which is 16 feet wider than minimum lot width requirements for this zone. Although the lot does slope to the rear, the fifth unit is set back at the absolute minimum allowed by Code thereby fully using this sloped area. During the Plan- ning Commission hearing, the appellant stated that the diagonal rear property line also presents a hardship; however, staff notes that the lot still exceeds the minimum area required for the five units (15,000 square feet) by 219 square feet. Craig Hampton, Pacific Building Concepts, 234 East 17th Street, Suite 205, Costa Mesa, authorized agent for appellant, Al Pigneri, stated that there is a site hard- ship because the slope is too steep to be utilized. Council Member Schafer commented developers of other similar properties designed their projects so that a variance would not be required. Council Member Wheeler suggested reducing the size of the units. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of granting the variance. Al Pigneri reiterated that the lot width and topography present a site hardship justifying the variance. There being no other speakers, the Mayor closed the public hearing. Council Member Wheeler cc m ented that the design of the project is the problem, not the size and topography of the property. MOTION A motion was made by Council Member Wheeler, seconded by Congnission's Council Member Schafer, to uphold the Planning Commis - Denial Upheld sion's denial of Planning Action PA -86-172. The motion carried 4-1, Council Member Hall voting no. NEW BUSINESS The Clerk presented a request to set a public hearing Request for Hearing date from William M. Vega, President, Coastline Commun- from Coastline ity College, 11460 Warner Avenue, Fountain Valley, to Community College appeal the denial of the Traffic for directional signs on Harbor Boulevard and Adams Avenue. MOTION On motion by Council Member Hall, seconded by Council . Hearing Set Member Wheeler, and carried 5-0, the public hearing was set for November 3, 198.6. COUNCILMANIC Council Member Hall referred to the Planning Commission COMMENTS Chairman's memorandum dated September 17, 1986, which addresses the possibility of forming an Assessment Assessment District District for the area north of the San Diego (405) for Area North of Freeway, to deal with traffic planning and necessary 405 Freeway traffic improvements. MOTION A motion.was made by Council Member Hall, seconded by Staff Directed to Council Member Wheeler, directing staff to explore the Explore Concepts concepts contained in the aforementioned memorandum and to report their findings to the Planning Commission so that the Commissioners can decide if they want to proceed with the project. During discussion, Vice Mayor Hornbuckle suggested that staff submit their evaluations at a joint City Council/ Planning Commission study session. AMENDED MOTION Council Member Hall amended his motion by adding that Staff to Report staff shall report their appraisal at a joint Council/ at Joint Study Commission study session, stipulating that the study Session session shall be chaired by the Planning Commission. The amended motion was seconded by Council Member Wheeler, and carried 5-0. Televised Council In response to an inquiry from Vice Mayor Hornbuckle, Meetings the City Manager reported that a proposal has been received from Copley/Colony Cablevision to televise the Council meetings. He indicated that telecasting should commence during the early part of 1987. ADJOURNMENT At 10:50 p.m., the Mayor declared the meeting adjourned to October 14, 1986, at 6:30 p.m., in the Council Chambers of City Hall, for the purpose of holding a joint public hearing with the Costa Mesa Redevelopment Ageny. The Mayor announced that the regularly scheduled Study Session of October 13, 1986, will commence at 1:00 p.m. instead of 2:00 p.m., in order to evaluate applicants' resumes for the Cable Television Committee. The Mayor also announced that the Council meeting of October 20, 1986, will be canceled because Council Members will be attending the League of California Cities Annual Meeting. yo the City of esa ATTEST: City Clerk of the City of Cos a Mesa