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HomeMy WebLinkAbout04/06/1987 - City CouncilR83UEAR MEETING OF THE CITY COUNCIL . CITY OF COSTA MESA APRIL 6, 1987 The City Council of the City of Costa Mesa, California, met in regular session April 6, 1987, 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 Vice Mayor, followed the Pledge of Allegiance to the Flag led by former Mayor Dom Raciti, and Invocation by Father Kenneth Krause, St. Joachim Catholic Church. ROLL CALL Council Members Present: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MINUTES On motion by Council Member Hornbuckle, seconded by March 14 -and 16, Mayor Hall, and carried 5-0, the minutes of the special 1987 meeting of March 14, and the regular meeting of March 16, 1987, were approved as distributed. ORDINANCES PROCLAMATION "National Tele- communicator's Week" PROCLAMATION "Earthquake Preparedness Month" .A. motion was made by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, to read all ordinances by title only. Vice Mayor Anburgey read a proclamation declaring the week of April 12-18, 1987, as "National Telecommunica- tor's Week". The document was presented to Gary Gray, Vice President, Associated Public Communication Officers. Vice Mayor Amburgey read a proclamation declaring the month of April, 1987, as "Earthquake Preparedness Month. The document was presented to Vincent Whelan, Costa Mesa's Director of Communications. PROCLAMATION Vice Mayor Amburgey read a proclamation declaring the "American Horne week of April 26 through.May 2, 1987, as "American Week" Home Week". Mary Janks, President, Newport Harbor -Costa Mesa Board of Realtors, accepted the proclamation. PROCLAMATION Mayor Hall read a proclamation declaring April 6, 1987, "Robert C. Briggs as "Robert C. Briggs Day". The ddcument commends Mr. Day" Briggs for his service.td the community, especially his ded icat ion to veterans' affairs.- ORAL ffairsORAL COMMUNICATIONS There were no speakers under Oral Cd munications. CONSENT CALENDAR The following item was removed from the Consent Calen- dar: Item 11, request from Bullock's Department Stores for refund of construction fees. On motion by Council Member Buffa, seconded by Council Member Wheeler, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None L WRITTEN On motion by Council Member Buffa, seconded by Council COMMUNICATIONS Member Wheeler, Resolution 87-11, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OGSTA MESA, CALIFORNIA, Finance Department AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPART - Records Destruction MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-40, was adopted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Resolution 87-11 Hornbuckle, Buffa Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Street Sweeping A letter was received from Raymond R. Schnierer, 2057 on Mandarin Drive Mandarin Drive, Costa Mesa, requesting that his street be posted for no parking on street sweeping days. On MOTION motion by Council Member Buffa, seconded by Council Referred to Traffic Member Wheeler, and carried 5-0, the request was Commission referred to the Traffic Commission. READING FOLDER On motion by Council Member Buffa, 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 John Newman on behalf of Francis Joseph Abrams; Thomas F. Clickner; Attorney John Newman on behalf of Robert Ellis; Law Offices of Fensten & Gelber on behalf of Helene Christine Fabre, previously known as Helene Christine Yassai; Kathy D. Forsberg; Aetna Life and Casualty on behalf of Harry S. Green; Arnold E. Haglund; Attorney Ann Avery Andres on behalf of Katie L. Libolt, by guardian ad litem Rebecca Libolt, and David R. Libolt; Randall Moreno; Attorney James Cesena on behalf of Maria G. Standefer; Joseph Tinnierello; Daniel and Tonja Webb; and Barbara Whitlock. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Patricia arra Stephen Perkey, doing business as The Metro Eihporium, 535 Anton Boulevard; Abdul Ansari, doing business as California Wine Vault, 695 Town Center Drive, Suite 170; Aruck Enterprises, Incor- porated, doing business as Bangkong Four, 3333 Bear Street, Suite 3/Q2-8; Pong Son and Ung Uoi Kim, doing business as Southwood Liquor Store, 2230 Harbor Boulevard; and South Coast Plaza Restaurants, doing business as Piret's, 3333 Bristol Street, Suite 1085. Public Notices of Hearings and Ruling from the Public Utility Utilities Commission for Application No. 87-02-019 Commission from Southern California Edison Company (U 338-E), concerning adjustment of billing factors. Recommendation Eetter from James H. Cesena, 745 West Chapman Avenue, for Safe Orange, containing "safety recommendations for Skateboarding skateboarding on overpasses and inclined streets". BUSINESS PERKITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Veterans of Foreign Wars, Veterans of Coast Line Post No. 3536 and Auxiliary, 565 West 18th Foreign Wars Street, Costa Mesa, by offering "Buddy Poppies" to the public on May 15 and 16, 1987. On motion by Council MOTION Member Buffa, seconded by Council Member Wheeler, and Permit Approved carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). United Scottish Notice of Intention to Appeal or Solicit for Charitable Society Purpose was received from United Scottish Society, Incorporated,. 2317 Robinhood Place, Orange, by holding ZJ50 Ritchey On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the claim from Rose M. Ritchey was rejected. Southern California On motion by Council Member Buffa, seconded by Council Gas Conpany Member Wheeler, and carried 5-0, the claim from South- ern California Gas Company was rejected. Apartment Energy a cultural event and festival at the Orange County MOTION Fairgrounds May 23 and 24, 1987. On motion by Council Penuit Approved Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the permit was approved with application ADMINISTRATIVE of Municipal Code Section 9-234(j). El Bekal Shrine Notice of Intention to Appeal or Solicit for Charitable Temple Purpose was received from E1 Bekal Shrine Temple, 1170 Bid Item 747-A East Pacifico Avenue, Anaheim, by selling tickets to a Street Sweeper circus to be held at the Orange County Fairgrounds MOTION May 9, 1987. On motion by Council Member Buffa, sec- Pennit Approved onded by Council Member Wheeler, and carried 5-0, the Awarded to permit was approved with application of Municipal Code Public Works, Inc. Section 9-234(j_), and subject to conditions recommended by staff. REJECTED CLAIMS NOES: COUNCIL MEMBERS: None On motion by Council Member Buffa, seconded by Council Floyd Member Wheeler, and carried 5-0, the claim from Catherine Floyd was rejected. Wise/Gaskill On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the claim from Shelly Wise for Brandy Lynn Gaskill, a minor, was rejected. McCollum On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the claim from Richard McCollum was rejected. Pacific Bell On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the claim from Pacific Bell was rejected. Ritchey On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the claim from Rose M. Ritchey was rejected. Southern California On motion by Council Member Buffa, seconded by Council Gas Conpany Member Wheeler, and carried 5-0, the claim from South- ern California Gas Company was rejected. Apartment Energy On motion by Council Member Buffa, seconded by Council Services Member Wheeler, and carried 5-0, an Application for Leave to Present a Late Claim fron Apartment Energy Services was denied. ADMINISTRATIVE ACTIONS Bids received for Bid Item 747, Revision A, Vacuum Street Sweeper, are on file in the Clerk's office. Bid Item 747-A On motion by Council Member Buffa, seconded by Council Street Sweeper Member Wheeler, the contract was awarded to Public Works, Incorporated, 29 North Olive Street, Ventura, MOTION for $78,408.20. The motion carried by the following Awarded to roll call vote: Public Works, Inc. AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 758 Bids received for Bid Item 758, Various Trucks, are on Various Trucks file in the Clerk's office. On motion by Council Member Buffa, seconded by Council Member Wheeler, the contract MOTION was awarded to Tom Bell Chevrolet, 800 Alabama Street, Awarded to Ton Redlands, as follows: Bell Chevrolet Exhibit "A" - Three Pickup Trucks with Straight Side Body, $24,327.00; and Exhibit "B" - One Pickup 'Duck, $10,033.96. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 761 Bids received for Bid Item 761, Drapes for the Neigh - Drapes for the borhood Community Center, are on file in the Clerk's Neighborhood office. On motion by Council Member Buffa, seconded by Community Center Council Member Wheeler, the contract was awarded to Holmes Drapery, 1701 East Edinger Avenue, Suite F-2, MOTION Santa,Ana, for $5,746.12. The motion carried by the Awarded to following roll call vote: Holmes Drapery AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 764 Bids received for Bid Item 764, Floor Coverings for the Floor Coverings Police Building and Mesa Verde Library, are on file in the Clerk's office. On motion by Council Member Buffa, MOTION seconded by Council Member Wheeler, the contract was Awarded to awarded to Custom Floors, Incorporated, 13902 Seaboard Custom Floors Circle, Garden Grove, for $13,387.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Vista Park Bids received for Vista Park Slope Renovation and Rest - Improvements roan Replacement are on file in the Clerk's office. On motion by Council Member Buffa, seconded by Council MOTION Member.Wheeler, the contract was awarded to Hondo Awarded to Company, Incorporated, 1201 East Hunter Street, Santa Homo Company Ana, for $111,556.00. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Rea Center Bids received for Improvements at Rea Community Center Improvements are on file in the Clerk's office. On motion by Council Member Buffa, seconded by Council Member Wheeler, the MOTION contract was awarded to Zagros Company, 30 Wintersweet, Awarded to Irvine, for $179,948.00. The motion carried by the Zagros Company following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order Nos. ..The Director of Public Services requested approval of 42, 44, 45, and 46 Change Order Nos. 42, 44, 45, and 46, for $1,161.31, Clarke Contracting $1,888.04, $898.26, and $984.61, respectively, to the contract with Clarke Contracting Corporation, 1218 Assessment District. South Alameda Street, Compton, for additional work No. 82-2/South Coast required for Assessment District No. 82-2, South Coast Metro Center Metro Center. On motion by Council Member Buffa, seconded by Council Member Wheeler, the change orders MOTION were approved by the following roll call vote: Charge Orders AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "A" The Director of Public Services requested approval of Norris-Repke Change Order "A" for $3,700.00, to the contract with Norris-Repke, Incorporated, 507 East First Street, Harbor Boulevard Rehabilitation MOTION Change Order Approved Tustin, to perform a construction survey for the Harbor Boulevard Rehabilitation project. On motion by Council Member Buffa, seconded by Council Member Wheeler, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None Change Order "A" The Director of Public Services requested approval of Brown and Caldwell Change Order "A" for $57,200.00, to the contract with Brown and Caldwell, 150 South Arroyo Parkway, Pasadena, Cherry Lake Storm in connection with design of the Cherry Lake Storm Drain Drain project. Additional work is required because of the County's revised criteria. On motion by Council MOTION Member Buffa, seconded by Council Member Wheeler, the Change Order change order was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Addendum No. 1 The Director of Public Services recommended approval of Dokken Engineering Addendum No. 1 for $17,500.00, to the contract with Dokken Engineering, 3217 Ramo Circle, Sacramento, in Fairview Road connection with design of the Fairview Road overcrossing Overcrossing at I-405. The change is for additional work to include at I-405 design of the southbound approach. On motion by Council MOTION Member Buffa, seconded by Council Member Wheeler, MOTION Addendum No. 1 was approved by the following roll call Addendum vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Police Chief recommended approval of an agreement Motor Car Dealers with the Motor Car Dealers Association of Costa Mesa, Association c/o Roy E. June, Post Office Box 3050, Costa Mesa, to provide surveillance cars for the Police Department. Surveillance Cars On motion by Council Member Buffa, seconded by Council Member Wheeler, the agreement was approved, and the MOTION Police Chief was authorized to sign on behalf of the Agreement City. The motion carried by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Director of Leisure Services recommended approval Edison Canpany of an agreement with Southern California Edison Company, 7333 Bolsa Avenue, Westminster, for lease of Gisler Park Gisler Park at a cost to the City of $1,100.00 per year. On motion Kase by Council Member Buffa, seconded by Council Member Wheeler, the agreement was approved, and the Mayor was MOTION authorized to sign on behalf of the City. The motion Agreement carried by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Director of Public Services recommended approval Edison Company of Special Use License Agreement No. 04-86-OO1CH with Southern California Edison Company, Post Office Box 410, Sunflower Bike Long Beach, for use of right-of-way for the Sunflower Trail Bike 'Nail at a cost to the City of $100.00 per year. I t MOTION On motion by Council Member Buffa, seconded by Council Agreement Member Wheeler, the agreement was approved, and the Approved Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with CALTRANS Fairview Road Overcrossing at I-405 MOTION Agreement Approved Agreement with McCulloch Architects Corporation Yard Improvements MOTION Agreement Approved The Director of Public Services recommended approval of Cooperative Agreement No. 3819 with the California Department of Transportation (CALTRANS), in connection with widening the Fairview Road overcrossing at I-405. On motion by Council Member Buffa, seconded by Council Member Wheeler, the agreement was approved, and the Mayor arra Clerk were authorized to sign on behalf of the City. The motion carried by.the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None The Director of Public Services recd mended approval of an agreement with McCulloch Architects, 260 Newport Center Drive, Newport Beach, in an amount not to exceed $20,000.00, for design of improvements at the Corpora- tion Yard, 2300 Placentia Avenue. On motion by Council Member Buffa, seconded by Council Member Wheeler, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Landscaping A motion was made by Council Member Buffa, seconded by Assessment Council Member Wheeler, to adopt Resolution 87-12, being District No. 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INITIATING PROCEEDINGS FOR RENEWAL OF MOTION CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT Resolution 87-12 NO. 1, Tracts 9901 and 12011, located south of Sunflower Adopted Avenue and east of Smalley Road. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Landscaping Assessment District No. 2 MOTION Resolution 87-13 Adopted A motion was made by Council Member Buffa, seconded by Council Member Wheeler, to adopt Resolution 87-13, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INITIATING PROCEEDINGS FOR RENEWAL OF CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 2, Tract 10513, located west of Bear Street and north of Route 73. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None Notice of Completion The 1985-86 Parkway Maintenance Program (Plant New Trees S & M Landscaping and Repair Landscape) has been completed to the satis- faction of the Director of Public Services by S & M 1985-86 Parkway Landscaping (formerly Al -Mac Landscaping), 355 South Maintenance (Trees Irwindale Avenue, Azusa. On motion by Council Member arra Landscape) Buffa, seconded by Council Member Wheeler, the work was fdac � ? Notice of Conpletion Signalization at Sunflower Avenue and Fuchsia Drive/ Paul Gardner Raitt Street has been completed to the satisfaction of the Director of Public services by Paul Gardner Corpor- Signalization at ation, 901 South Sultana Avenue, Ontario. On motion Sunflower and by Council Member Buffa, seconded by Council Member Fuchsia/Raitt Wheeler, the work was accepted, and the Clerk was authorized to file a Notice of Canplet ion . The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Work Accepted Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements Improvements in connection with Planning Action PA -86-56 for PA -86-56 have been completed to the satisfaction of the Director Stephens of Public Services by Chris Stephens, 4040 MacArthur Boulevard, Suite 314, Newport Beach. On motion by MOTION Council Member Buffa, seconded by Council Member Work Accepted Wheeler, the work was accepted, and the bonds were ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None National Cc munity On motion by Council Member Buffa, seconded by Council Development Week accepted; the Clerk was authorized to file a Notice of MOTION Completion; authorization was given to release retention Work Accepted funds 35 days thereafter; the Labor and Material Bond Authorized Letter was ordered exonerated 7 months thereafter; and the Sent to Congressman Performance Bond was ordered exonerated 12 months there- Badham after. The motion carried by the following roll call HCDA Ad Hoc vote: Committee AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa MOTION/Authorized NOES: COUNCIL MEMBERS: None Solicitation of ABSENT: COUNCIL MEMBERS: None Notice of Completion Widening of the west side of Bristol Street from Anton Fleming Engineering Boulevard to Town Center Drive, and construction of a right -turn lane at Town Center Drive has been canpleted Bristol Street to the satisfaction of the Director of Public Services Widening by Fleming Engineering, Incorporated, 8281 Commonwealth Avenue, Buena Park. On motion by Council Member Buffa, MOTION seconded by Council Member Wheeler, the work was Work Accepted accepted; the Clerk was authorized to file a Notice of Completion; and authorization was given to reimburse $638,097.76 to South Coast Plaza. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Conpletion Signalization at Sunflower Avenue and Fuchsia Drive/ Paul Gardner Raitt Street has been completed to the satisfaction of the Director of Public services by Paul Gardner Corpor- Signalization at ation, 901 South Sultana Avenue, Ontario. On motion Sunflower and by Council Member Buffa, seconded by Council Member Fuchsia/Raitt Wheeler, the work was accepted, and the Clerk was authorized to file a Notice of Canplet ion . The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Work Accepted Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements Improvements in connection with Planning Action PA -86-56 for PA -86-56 have been completed to the satisfaction of the Director Stephens of Public Services by Chris Stephens, 4040 MacArthur Boulevard, Suite 314, Newport Beach. On motion by MOTION Council Member Buffa, seconded by Council Member Work Accepted Wheeler, the work was accepted, and the bonds were ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None National Cc munity On motion by Council Member Buffa, seconded by Council Development Week Member Wheeler, and carried 5-0, the Mayor was author- ized to send a letter of support to Congressman Robert MOTION Badham concerning House Resolution 91, designating the Authorized Letter week of April 19, 1987, as "National Cc maunity Develop - Sent to Congressman ment Week", and urging him to vote against any further Badham cutbacks in Community Development Block Gant funding. HCDA Ad Hoc On motion by Council Member Buffa, seconded by Council Committee Member Wheeler, and carried 5-0, the City Manager was authorized to solicit applications for the Housing and MOTION/Authorized Community Development Act (HCDA) Ad Hoc Committee. Solicitation of The ad hoc committee will review the City's 1987-88 Applications Caumunity Development Block Grant allocations. 41 5 Parking Prohibition The Traffic Ccmmission reccmmended parking prohibition on 17th Street along both curbs of 17th Street for 200 feet west of Placentia Avenue. On motion by Council Member Buffa, MOTION seconded by Council Member Wheeler, Resolution 87-14, Resolution.87-14 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Adopted COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF 17TH STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission recommended parking prohibition on Sterling Avenue from 7:00 a.m. to 4:00 p.m. on school days along the northerly curb of Sterling Avenue for 50 feet east of MOTION. Pomona School for a bus stop. On motion by Council Resolution 87-15 Member Buffa, seconded by Council Member Wheeler, Adopted Resolution 87-15, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARK- ING ON A PORTION OF STERLING AVENUE ON SCHOOL DAYS FROM 7:00 A.M. TO 4:00 P.M. FOR A BUS STOP, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Stop Signs on Based on speed surveys, volume counts, accident investi- National Avenue gation, and sight distance, the Traffic Commission at Senate Street recarnaended installation of a two-way stop on National Avenue at,Senate Street. On motion by Council Member MOTION Buffa, seconded by Council Member Wheeler, Resolution Resolution 87-16 87-16, being A RESOLUTION OF THE CITY COUNCIL OF THE Adopted CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING INSTALLATION OF STOP SIGNS ON NATIONAL AVENUE AT SENATE STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Stop Signs on Based on speed surveys, volume counts, accident investi- National Avenue gation, and sight distance, the Traffic Commission at Congress Street recommended installation of a two-way stop on National Avenue at Congress Street. On motion by Council Member MOTION Buffa, seconded by Council Member Wheeler, Resolution Resolution 87-17 87-17, being A RESOLUTION OF THE CITY COUNCIL OF THE Adopted CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING INSTALLATION OF S7DP'SIGNS ON NATIONAL AVENUE AT OONGRESS STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The 'Traffic Ccumiss ion recommended parking prohibition on College Avenue along both curbs of College Avenue for 125 feet both north and south of Baker Street for installation of MOTION traffic signal loops on College Avenue. On motion by Resolution 87-18 Council Member Buffa, seconded by Council Member Adopted Wheeler, Resolution 87-18, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF COLLEGE AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Two-hour Parking The 'Traffic Canmission recommended changing the two-hour on Broadway time limit parking along both curbs of Broadway, Fuller- ton Avenue to Newport Boulevard, to the hours between MOTION 9:00 am. and 9:00 p.m. only. On motion by Council Resolution 87-19 Member Buffa, seconded by Council Member Wheeler, Adopted Resolution 87-19, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A TWO-HOUR PARKING TIME LIMIT FROM 9:00 A.M. TO 9:00 P.M. ON A PORTION OF BROADWAY, was adopted by the following following roll.call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Refund Request A request was'received from L-M/M Building Account, 333 frau L-M/M Marine Avenue, Balboa Island, for refund of a $7,500.00 Building Account cash deposit. Alley improvements at 215 Knox Street have been canpleted in connection with Planning Action MOTION PA -86-11 and Development Review DR -86-02. On motion Refund Approved by Council Member Buffa, seconded by Council Member Wheeler, the refund was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Request for Refund Item 11 on the Consent Calendar was presented: Request from Bullock's from Bullock's Department Stores, 800 South Hope Street, Los Angeles, for refund of $23,096.24 in construction fees. Jack McCarley, Vice President of Public Affairs for Bullock's, reported that the City set a valuation of over $14 million for Bullock's South Coast Plaza parking structure; however, the contractor for Bullock's advised the City that the valuation should be much lower because the actual cost was $7,204,599.00, or 48 percent of the City's valuation. Based on this information, Mr. McCarley requested the refund. The Development Services Director referred to staff's memorandum of March 23, 1987. Staff reported that to determine valuation, Sections 304(a) and (b) of the Uniform Building Code, 1979 Edition, are applied to the building valuation data chart (1983 publication) as found in the Building Standards. This standard is uniformly applied throughout the industry. The Direc- tor pointed out that valuation of a building is the estimated cost to replace the building based on current replacement costs as determined by Code. Clifford Suen, Project Manager for Bullock's, commented that he could not find any reference to architectural fees or replacement costs in the Building Code. Mayor Hall suggested continuing this item so that more information could be obtained. Responding to a question from Council Member Buffa, the City Manager reported that there have been no other requests for refund of construction fees. Council Member Wheeler referred to the statement by the Finance Director on the Refund Request Form: to compute construction permit fees on the basis of final actual construction costs would reimburse the City for less than half of its actual costs. 1 Council Member- Hornbuckle asked if the method used for this project is the standard used for all developments. The Development Services Director responded affirma- tively, pointing out that the City's present valuation is based on 1983 building values, now four years old. Mr. Suen mentioned that sometimes valuation is higher than actual costs, but not almost double. Responding to a question from Vice Mayor Amburgey, Mr. Suen stated that he is familiar with the standard used by the City, and that most cities use the same standard. Sid Soffer, 900 Arbor Street, Costa Mesa, disagreed with the City's method of valuation. Council Member Hornbuckle commented that since the City has the same standards for all developments, an excep- tion should not be made for one company. Council Member Buffa was in favor of continuing this item so that more information could be obtained. Mayor Hall suggested a 60 -day continuation. MOTION A motion was made by Council Member Hornbuckle, seconded Request for by Council Member Wheeler, to the deny the request for Refund Denied a refund. The motion carried 3-2, Council Members Hall and Buffa voting no. NEW BUSINESS Council Member Buffa suggested that New Business Item No. 8 be heard at this time because of the many young people who were in attendance concerning this matter. AYSO Sports The Clerk presented Item 8 under New Business: Request Exchange Program fram Jeff Elsten, of the American Youth Soccer Associa- tion (AYSO), for City participation in a youth sports exchange program. Jeff Elsten introduced Frank Buday and Pete Oliver, his associates in planning a youth sports exchange program. Fifteen members of the soccer team were also introduced. Mr. Elsten outlined the goals of AYSO, some of which are to plan a series of soccer matches with Russian and Japanese teams; identify Russian and Japanese sister cities and deliver to their ambassadors the key to the City of Costa Mesa; and engage in fund-raising activi- ties to finance these events. Mr. Elsten reported that the estimated cost for these activities is $70,000.00, and the projected time of the tournaments is June/July, 1988. He proposed that the City match funds raised by the team spread over a 15 - month period. Council Member Hornbuckle suggested referring this item to a Study Session because the material from Mr. Elsten was not received until 5:30 p.m. and there was not sufficient time to study it. Mr. Elsten presented each Council Member with an AYSO T-shirt. MOTION On motion by Mayor Hall, seconded by Council Member Referred to Buffa, and carried 5-0, this item was referred to the Study session Study Session of May 11, 1987. 415's OLD BUSINESS The Clerk presented for second reading and adoption, Ordinance 87-5, reorganization of the Clerk's office. Reorganization of Clerk's Office Council Member Wheeler opposed transferring the responsibility of the Clerk's office from the City Council to the City Manager. Council Member Hornbuckle favored the change because she felt it was more appropriate for the Clerk's office to be under the supervision of the City Manager. MOTION. On motion by Mayor Hall, seconded by Council Member Ordinance 87-5 Hornbuckle, Ordinance 87-5, being AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MAKING AN ORGANIZATIONAL CHANGE CONCERNING THE OFFICE OF THE CITY CLERK, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle NOES: COUNCIL MEMBERS: Wheeler, Buffa ABSENT: COUNCIL MEMBERS: None Literacy Center The Clerk presented from the meeting of March 16, 1987, a recommendation by Council Member Buffa to establish a Literacy Center. Council Member Buffa referred to his memorandum dated March 16, 1987, which contains a summary of the illiter- acy problems existing in the community. The first-year costs for the program are estimated between $67,000.00 and $83,000.00; however, Council Member Buffa suggested that there are alternatives which may be less expensive. Council Member Buffa mentioned the potential of utiliz- ing cable television, and was of the opinion that the literacy program would be an excellent "pilot program" for the Cable Television Carnmittee's cc mnunity grant process. Council Member Hornbuckle had many concerns about the proposal: it may not be a proper role for the City because she believes libraries and schools would be more appropriately suited for this type of program; there are established literacy organizations with a good track record; the estimated costs are considerable and may impact other City budget programs; there may be a duplication of efforts; and lastly, Council Member Hornbuckle suggested that the City/School Liaison Committee would be a more appropriate committee to be involved with the program. Council Member Buffa disagreed with the comment that the school district may be a more appropriate agency to deal with the program because he believed that the educa- tional system is a source of the illiteracy problem. Council Member Wheeler agreed with the concept of the program; however, he recommended that no more than $30,000.00 to $40,000.00 be budgeted. Motion to Continue A motion was made by Mayor Hall to continue to explore to Explore Program the possibility of a literacy program and have Council Died for Lack of a Member Buffa report back to the Council with more Second information. The motion died for lack of a second. MOTION Council Member Buffa moved.to solicit some alternative Referred to ideas as well as camnents from existing literacy Study Session organizations to be considered at the Study Session 1 1 of May 11, 1987. The motion was seconded by Council Member Wheeler, and carried 5-0. Council Member Hornbuckle suggested, and Council Member Buffa agreed, that forming a support or advisory group would be very useful. Appointment to The Clerk presented from the meeting of March 16, 1987, Cable Television appointment of an additional member to the Cable Tele - Committee vision Camammittee. MOTION A motion was made by Mayor Hall, seconded by Council Gretchen Miller Member Hornbuckle, and carried 5-0, appointing Gretchen Appointed Miller to the committee. Sid Soffer, 900 Arbor Street, Costa Mesa, complained because the Vice Mayor had not asked for comments from the audience. Appointments to Council Member Hornbuckle referred to her memorandum Senior Citizens dated April 2, 1987, which contains her recommendations Committee for appointments to the Senior Citizens Committee. In addition, Council Member Hornbuckle recommended that Mary Bennett be named as an alternate member. Pat Dolan, 923 West 20th Street, Costa Mesa, agreed with Mr. Soffer's comment that the public should be invited to speak on each item. MOTION On motion by Council Member Hornbuckle, seconded by Linehan, Neft, Mayor Hall, and carried 5-0, the following action was Vasilou, and taken: Bennett Appointed Mary Bennett was appointed as Alternate Member; Maita Linehan , Melva Neft, and Virginia Vasilou were reappointed to two-year terms. Prohibition of The Clerk presented the Traffic Commission's recammnen- Parking on South dation to prohibit parking along the southerly curb of Coast Drive South Coast Drive from Fairview Road to San Leandro Drive, except in front of 1111 South Coast Drive. Communications have been received in opposition to the parking prohibition fran Alice Forney and Marianne Tobin, both residents of The Woods Condominiums, 1111 South Coast Drive. The Director of Public Services reported that staff will monitor that area and if there appears to be a problem, the matter can be brought back to the Traffic Commiss ion . MOTION On motion by Council Member Hornbuckle, seconded by Resolution 87-20 Council Member Buffa, Resolution 87-20, being A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOINIA, PROHIBITING PARKING ON A PORTION OF SOUTH COAST DRIVE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS The Vice Mayor declared a recess at 8:00 p.m., and the meeting reconvened at 8:10 p.m. PROCLAMATION The Vice Mayor read a proclamation declaring "Janie "Janie Walker Day" Walker Day". The document commends Janie, an 11 -year City employee, on being chosen by the Orange County � If 0 University Drive Extension MOTION Delete University Drive from Master Plan of Arterial Highways, Etc. AMENDED MOTION Added Mitigation Measures Reserve Officer Association as "Reserve Officer of the Year for the County of Orange" for 1987. The Clerk presented staff's recommendations concerning the University Drive extension: (a) Receive and forward Council Position Paper to the County of Orange. (b) Remove University Drive from the Master Plan of Arterial Highways contingent upon completion of a comprehensive analysis demonstrating that the deletion would not result in unacceptable environmental and traffic impacts. (c) Request the County of Orange to determine financial impacts to provide for construction of mitigation measures if University Drive is deleted. (d) Request the County of Orange to provide analysis of funding mechanisms, responsible agencies, and estimated time frames to construct mitigation measures. Two communications were received in favor of removing University Drive from the Master Plan of Arterial Highways: William Buck Johns, Inland Group, Incorporated, 14211 Yorba Street, Tustin; and Thomas Tierney, 2412 Mesa Drive, Santa Ana Heights. Frank Robinson, 1007 Nottingham Road, Newport Beach, representing Friends of Newport Bay, agreed with the staff's recommendations. He reported that the State, Department of Interior, and the Coastal Commission are opposed to extension of University Drive. A mtion was made by Council Member Hornbuckle, seconded by Council Member Wheeler, to take the following action: (a) Amend the Council Position Paper by deleting the recazmendations and forward it to the County of Orange. (b) Remove University Drive from the Master Plan of Arterial Highways. (c) Request the County of Orange to complete a comprehensive analysis demonstrating that the deletion would not result in unacceptable environmental and traffic impacts. (d) Request the County of Orange to determine finan- cial impacts to provide for construction of miti- gation measures if University Drive is deleted. (e) Request the County of Orange to provide analysis of funding mechanisms, responsible agencies, and estimated time frames to construct mitigation measures. After discussion, Council Member Hornbuckle amended the motion by adding: (f) Inform the County of Orange that the Council sup- ports the following mitigation measures: '�r -c-, :i. 1. Four lanes of travel in each direction on Bristol Street. 2. Increase from eight to ten lanes approxi- mately 2.8 lane miles on the Corona del Mar Freeway. 3. Construct connections between northbound 55 to southbound 73 and northbound 73 to southbound 55 freeways. 4. Implement other mitigation measures identi- fied in additional environmental impact and traffic studies. Council Member Wheeler seconded the amended motion and it carried 5-0. WARRANTS On motion by Mayor Hall, seconded by Council Member Wheeler, Warrant Resolution 1353, including Payroll MOTION 8706, and Warrant Resolution 1354, were approved by the Warrants 1353 following roll call vote: and 1354 Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY REPORTS The City Attorney referred to a confidential memorandum dated March 26, 1987, concerning settlement of the Bielby Lawsuit Bielby lawsuit. MOTION A motion was made by Mayor Hall, seconded by Council Settlement Member Hornbuckle, authorizing settlement of the lawsuit Authorized as recommended in the above-mentioned memorandum. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Gutierrez Lawsuit The City Attorney referred to a confidential memorandum dated March 23, 1987, concerning settlement of the Gutierrez lawsuit. MOTION A motion was made by Mayor Hall, seconded by Council Settlement Member Wheeler, authorizing settlement of the lawsuit Authorized as recommended in the above-mentioned memorandum. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Request for Closed The City Attorney requested a closed session at the Session close of regular business to discuss pending litigation pursuant to Government Code Section 54956.9(a). On MOTION motion by Council Member Buffa, seconded by Council Closed Session Member Wheeler, and carried 5-0, the closed session was Authorized authorized. CITY MANAGER The City Manager presented a communication dated REPORTS March 12, 1987, fron Alan Weber, Chairman, Fairview Park Citizens Committee, recommending renaming Fairview Park, Renaming and outlining a process to select a new name through a Fairview Park Citywide contest. MOTION On motion by Mayor Hall, seconded by Council Member Recommendations Hornbuckle, and carried 5-0, the committee reconmenda- Approved tions were approved. PUBLIC HEARING The Clerk announced the public hearing to consider EIR No. 1035 Environmental Impact Report (EIR) No. 1035 regarding Monrovia Avenue closure of Monrovia Avenue to through traffic between Closure 19th and Victoria Streets. The Affidavit of Publica- tion is on file in the Clerk's office. A communication was received from Daniel R. and Bonnie Nerison, 2009 Continental Avenue, Costa Mesa, in favor of retaining the barriers on Continental and Federal .Avenues. A communication was received from Chester Gamboni, 914 West 20th Street, Costa Mesa, opposed to the use of barriers on the west side. The Director of Public Services emphasized that the issue before the Council was to certify the EIR as being in ccanpliance of CEQA (California Environmental Quality Act) requirements, and that alternatives will be discussed at a future public hearing. Pat Dolan, 923 West 20th Street, Costa Mesa, suggested simultaneous hearings on both the Monrovia Avenue closure arra the Victoria Street widening alternatives because they are interrelated. There being no other speakers, the Vice Mayor closed the public hearing. Responding to questions frau the Council, the Director of Public Services reported that a tentative date of May 4, 1987, has been calendared for the Victoria Street EIR. During discussion concerning notification of residents, the City Manager suggested that the same people who were notified of previous meetings concerning Monrovia Avenue and Victoria Street be notified of the Council public hearings. Mark Korando, 582 Park Place, Costa Mesa, asked that the public hearing be reopened so that the public could speak on this matter. The Council agreed to reopen the public hearing for comments on the Monrovia Avenue EIR only. Sid Soffer, 900 Arbor Street, Costa Mesa, did not read the EIR; however, he felt the public hearing should not be closed until after Council discussion. Vice Mayor Amburgey announced that only comments regard- ing the EIR would be heard. There being no other speakers, the Vice Mayor closed the public hearing. Council Members Hornbuckle and Hall were in favor of holding a Town Hall meeting to discuss Monrovia Avenue arra Victoria Street prior to the public hearings. Council Member Wheeler commented that as the initiator of the Town Hall meeting program, and at the risk of sounding antidemocratic, he opposed a Town Hall meeting in this instance because there have been previous Town Hall meetings concerning these streets, and he felt the testimony may be repetitious. Council Member Wheeler suggested receiving final public input at the Council meeting for which these items are scheduled. 1 MOTION On motion by Mayor Hall, seconded by Council Member EIR Certified Wheeler, arra carried 5-0, the EIR was certified as having been completed in compliance with the California Environmental Quality Act (CEQA), and as having been reviewed and considered prior to final action on the Monrovia Avenue closure. MOTION On motion by Council Member Wheeler, seconded by Council Hearings Set Member Buffa, and carried 5-0, public hearings for the for May 18, 1987 Victoria Street EIR, Monrovia Avenue alternatives, and Victoria Street widening were set for public hearing on May 18, 1987, and staff was directed to notify all residents who were previously notified. PUBLIC HEARING The Clerk announced that this was the time and place R-87-06 set for the public hearing for Rezone Petition R-87-06, Sariaslan/ Abbas Sariaslan, 2070 Business Center Drive, Suite 160, Bachtiari Irvine, authorized agent for Andre Bachtiari, to rezone property at 745 and 749 Paularino Avenue from R2 to R3. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director summarized the Staff Report. Specific Plan SP -78-02 was adopted in 1978, and amended in 1982, for the residential area between Baker Street and Paularino Avenue to encourage parcel consoli- dation by permitting R3 zones if minimum lot width and area standards can be satisfied. The Planning Cornnis- sion and Planning staff recommended approval of the rezone, with second reading of the ordinance being held until the lots have been legally combined. Sid Soffer, 900 Arbor Street, Costa Mesa, was concerned about surrounding residents being notified. He reported that there was 'a woman at the Planning Commission meet- ing who was opposed to the rezone because the additional traffic generated by higher density would adversely impact Paularino Avenue. She was not present, and he thought it may be because notifications were not mailed. There being no other speakers, the Vice Mayor closed the public hearing. Council Member Wheeler was opposed to the higher density because of adverse impacts to the single-family resi- dences to the north. MOTION A motion was made by Mayor Hall, seconded by Council Ordinance 87-6 Member Hornbuckle, to adopt the Negative Declaration of Given First Environmental Impact; to give first reading to Ordinance Reading 87-6, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROP- ERTY AT 745 AND 749 PAULARINO AVENUE FROM R2 TO R3; and directing that second reading and adoption shall be delayed until the lots are combined through either a Lot Line Adjustment or Parcel Map process. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing to consider a Certificate for request for a Certificate of Public Convenience and Towing Services/ Necessity from FBC Industries, doing business as Jim's Jim's Towing Towing Service, 935 West 18th Street, Costa Mesa, to provide towing services within the City limits. The Affidavit of Publication is on file in the Clerk's office. Notifications of the public hearing were sent to all certificate holders as required by law. The City Manager referred to a memorandum from the Director of Finance dated March 11, 1987, which recom- mended granting a Certificate of Public Convenience and Necessity to Jim's Towing Service. In addition, the Planning Commission approved Planning Action PA -87-20, authorizing a tow service with storage and impound facilities at 935 West 18th Street. The memorandum indicates that although it was not possible to analyze the financial condition of Jim's Towing Service, based upon the sound financial condition of the parent corporation, the Director found no problem with the financial status of the applicant. Council Member Wheeler was of the opinion that as long as an applicant can furnish the required insurance, the City should not be concerned about the financial status of a company. He suggested deleting reference to the financial condition of a company as a requirement for granting a certificate. Robert B. Lewis, 1101 Grove Lane, Newport Beach, Chair- man of the Board and Chief Executive Officer of FBC Industries, stated that FBC has an impeccable financial background, and Jim's Towing Service is a solely -owned subsidiary of FBC. There being no other speakers, the Vice Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by Certificate Council Member Wheeler, and carried 5-0, granting a Granted Certificate of Public Convenience and Necessity to Jim's Towing Service, stipulating that the applicant shall continue to meet and fulfill the conditions of Planning Action PA -87-20, and shall provide proof of insurance as required by the Municipal Code and approved by the City Attorney. PUBLIC HEARING The Clerk announced the public hearing for an applica- Pizarek Appeal tion from Ray Pizarek, 1923 Whittier Avenue, Costa Mesa, of PA -87,49 representing the Mesa West Homeowners Association, Mueller appealing the Planning Commission's approval of Planning Action PA -87-49, Willy Mueller, for a Conditional Use Permit for automotive repair within an existing commer- cial building (formerly a drive-through dairy), located at 840 West 19th Street in a Cl zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. No ccommunica- tions have been received. The Development Services Director summarized staff's memorandum of March 25, 1987, and the Staff Report. The applicant proposes to enclose the existing drive-through areas of the existing building and use them as service bays. Vehicles would access the property via one drive- way on West 19th Street at the southeasterly portion of the property. Egress would be provided at the north- westerly portion of the property and the alley would be utilized to return to West 19th Street. The applicant proposes construction of a six-foot block wall along the westerly property line to serve as a noise buffer and security device. The block wall, along with the dis- tance of the subject use from the residential zone, should reduce any adverse impacts. Roy Pizarek, representing the Mesa West Homeowners Association, objected to the project because he believes there is an over -use of the same type of businesses in the area. He objected to use of the alley for egress. 46,E Tom Rocke, 853 Governor Street, Costa Mesa, spoke in favor of the project because he believed it would upgrade the area. Pat Dolan, 923 West 20th Street, President of the Mesa West Homeowners Association, reported that the Board of Directors is concerned about noise generated by the auto repair use and -its adverse impact on the residen- tial area. There being no other speakers, the Vice Mayor closed the public hearing. Mayor Hall favored the project because the proposed improvements would be an asset to the neighborhood. Council Member Hornbuckle canmented that auto repair will be conducted inside the building, and the permitted hours of operation will mitigate the noise factor, In addition, if there is a problem at the site, the Condi- tional Use Permit can be revoked. She noted that no Federal Avenue residents have cane forward to object to the proposed use. Council Member Wheeler opposed the project because of adverse affects on the residential zone. Council Member Buffa stated that the concerns of the residents are serious and reasonable, and suggested that if there are problems, the residents should file com- plaints with the City. MOTION. A motion was made by Mayor Hall, seconded by Council PA -87-49 Member Hornbuckle, to approve Planning Action PA -87-49 Approved based on the analysis and findings of staff and the recommendation of the Planning Commission, and subject to all conditions contained in the Staff Report, with the addition of Condition No. 23, "If, at any time, local streets are used for testing vehicles in viola- tion of traffic ordinances, the Conditional Use Permit may be revoked". The motion carried 4-1, Council Member Wheeler voting no. PUBLIC HEARING The Clerk announced the public hearing to consider a Residential proposed amendment to Title 13 of the Costa Mesa Density Municipal Code regarding residential density calcula- Calculations tions in the R2, R3, and R4 zones. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director reviewed staff's memorandum dated March 27, 1987. In 1984, sections of the Municipal Code relating to the calculation of densi- ties in the multiple -family residential zones (R2, R3, and R4) were amended to allow the rounding -up of frac- tional dwelling units to the next full number, with two limitations. First, only fractional units above one- half could be rounded -up. Second, the round -up could not be permitted if the resulting density exceeded the the limitations of the General Plan. Concerns were expressed by Council, Planning Commission, and the public regarding the round -up criteria, especi- ally for small projects where densities could be rounded up frau two to three units, or from three to four units. Because of this concern, Council directed staff to prepare amendments to the Code which would control the degree of round -up in R2, R3, and R4 zones. r r.`� l "S 31 The proposed ordinance would increase the threshold for rounding -up residential density calculations by includ- ing a third stipulation. The Planning Commission recam ended that the ordinance not allow rounding -up if the degree of increase exceeded five percent of the calculated density. The table included with staff's memorandum provides a canparison of the proposed five percent threshold with other alternatives. Another alternative would be not to allow rounding -up at all. Jan Luymes, 592 Park Drive, Costa Mesa, asserted that the proposed ordinance does not address the number of units which should be permitted. She opposed rounding - up to occur without property owners being notified. Steve Willems, 3496 Wimbledon Way, Costa Mesa, cammented that rounding -up is detrimental to the R2 zone. Michael Nutter, 3469 Plumeria Place, Costa Mesa, sug- gested an amendment to the ordinance stipulating that residents in the area shall be notified of projects where rounding -up could occur. Mark Korando, 582 Park Drive, Costa Mesa, contended that as written, the proposed ordinance has a built-in vari- ance.. He reccm ended that public hearings be held and residents notified whenever rounding -up is to be con- sidered. Mr. Korando requested continuing this public hearing so that other alternatives can be considered. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested another method for round -up density calculations. There being no other speakers, the Vice Mayor closed the public hearing. Council Members Hall and Buffa supported the proposed ordinance because it is more restrictive. Council Member Wheeler opposed rounding -up because it allows more density. He suggested repealing the ordinance. Council Member Hornbuckle stated that because there are very few requests for rounding -up, the ordinance is not necessary. She recanmended that when there is a request to round -up, the applicant shall apply for a variance. Further discussion ensued concerning the possibility of continuing the public hearing and having staff furnish additional information. MOTION On motion by Mayor Hall, seconded by Council Member Ordinance 87-7 Buffa, Ordinance 87-7, being AN ORDINANCE OF THE CITY Given First COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING Reading SECTIONS 13-136(A)(2), 13-148(A)(2) AND 13-174(A)(2) OF THE COSTA MESA MUNICIPAL CODE REGARDING RESIDENTIAL DENSITY CALCULATIONS IN THE R2, R3, AND R4 ZONES, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Hornbuckle, Wheeler ABSENT: COUNCIL MEMBERS: None AMENDED MOTION A motion was made by Council Member Hornbuckle, seconded Delay Second by Mayor Hall, to delay second reading of Ordinance 87-7 Reading of until the meeting of May 18, 1987. The motion carried Ordinance 87-7 by the following roll call vote: 1 467 AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS The Vice Mayor declared a recess at 10:15 p.m., and the meeting reconvened at 10:25 p.m. PUBLIC HEARING The Clerk announced the public hearing to consider a Satellite Antenna proposed amendment to Title 13 of the Costa Mesa Munici- Regulations pal Code regarding satellite antenna regulations. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Mayor Hall requested a continuation of this item because he had not had the opportunity to study the documents. MOTION On motion by Mayor Hall, seconded by Council Member Held Over Hornbuckle, and carried 5-0, the public hearing was continued to April 20, 1987. NEW BUSINESS The Clerk presented Zone Exception ZE-82-84F3, Curci- England Company, c/o Transpacific Development Company, ZE-82-84F3 21515 Hawthorne Boulevard, Suite 500, Torrance, author- Curci-England/ ized agent for Sakioka Farms, Incorporated, 14850 East Sakioka Sunflower Avenue, Santa Ana, for an extension of time for a Final Development Plan for a 12 -story office building containing 237,110 square feet, and a 3 -level parking structure; a Conditional Use Permit for excess compact spaces; and a variance from parking stall size, located at 955 Anton Boulevard in a PDC zone. Environ- mental Determination: Environmental Impact Report for General Plan Amendment GP -78-3A (Revised) accepted November 19, 1979. The Development Services Director summarized staff's memorandum of April 2, 1987, reporting that each of the six buildings proposed for the South Coast Metro Center, conceptually approved under a Preliminary Development Plan for approximately 1.3 million square feet, requires a Final Development Plan. Authority for review of Final Development Plans was delegated to the Planning Commis- sion. The proposed extension of time is for the Final Development Plan for the third of three 12 -story build- ings and a three-level parking structure, thereby completing Metro Center, Phase I, at 765,000 square feet. Condition of Approval No. 6 indicates that approval is valid for one year and may be extended if building permits are not obtained within that period. Drawings were submitted for plan check in July, 1985; however, the applicant decided to delay construction, and a one- year retroactive extension was requested. The extension to April 25, 1987, was approved by the Planning Commis- sion. The applicant is now requesting an additional extension to April 25, 1988. Max Nardoni, Transpacific Development Company, was present to answer questions from the Council. Council Member Buffa expressed his desire for open space where surface parking now is shown. Mr. Nardoni responded that he would notify the architect and plan- ners of that suggestion. Responding to Council Member Hornbuckle's inquiry, the Development Services Director reported that final deci- sions for Final Development Plans could be reverted to the Council if they so desired. MOTION Extension Granted Motion to Revert Final Decision for Final Develop- ment Plans to the City Council failed to carry On motion by Mayor Hall, seconded by Council Member Hornbuckle, and carried 5-0, a one-year time extension for Zone Exception ZE-82-84F3 to expire April 25, 1988, was approved. A motion was made by Council Member Buffa, seconded by Council Member Hornbuckle, reverting final decision for all Final Development Plans to the City Council. Vice Mayor Anburgey suggested that they first investi- gate the reason Council authorized the Planning Cominis- sion to make the final decision. The Development Services Director reported that when the Preliminary Development Plan canes forth, everything is in place and the Final Development Plan is the same. Thereafter, Council Member Hornbuckle withdrew her second in order to obtain further clarification. The notion was then seconded by Council Member Wheeler, and failed to carry 3-2, Council Members Hall, Amburgey, and Hornbuckle voting no. MOTION On motion by Council Member Wheeler, seconded by Council Referred to Member Hornbuckle, and carried 5-0, this matter was Study Session referred to the first available Study Session agenda, and the Development Services staff was directed to pre- pare a report on the rationale of having delegated to the Planning Canmission the duty of making final deci- sions on Final Development Plans if that rationale can be ascertained. PA -87-57 The Clerk presented Planning Action PA -87-57, Bruce Ayres Ayres, Tustin Village, Incorporated, Drawer "A", Huntington Beach, for a Planned Development Review for two canmercial/retail buildings, a one-story and a two-story, totalling 30,700 square feet, with a variance frau front setback requirements, located at 355 Bristol Street in a PDC zone. Environmental Determination: Negative Declaration. The Development Services reported that the Planning CamAssion recanmended approval; however, the variance frau front setback requirements was withdrawn because the site plan was revised to provide the required 25 - foot front landscaped setback prior to the Planning Canmission hearing. The applicant, Bruce Ayres, was present and agreed to all conditions. MOTION On motion by Mayor Hall, seconded by Council Member PA -87-57 Hornbuckle, and carried 5-0, the Negative Declaration Approved of Environmental Impact was adopted, the front setback variance was withdrawn, and the Planned Development Review (PA -87-57) was approved subject to all conditions contained in the Staff Report. Uses in Industrial The Clerk presented an initial study of permitted and Zones conditional uses in Industrial zones. MOTION Mayor Hall canmented that this study is associated with Held Over the Council's goals, and for that reason, made a motion to continue this item for 90 days. The motion was sec- onded by Council Member Buffa, and carried 5-0. Police Heliccpter The Clerk presented a request frau Mike Hilford, 410 Program West Pacific Coast Highway, Newport Beach, for Council review of the police helicopter program. 1 1�111�� 9 Four communications were received in support of the police helicopter program: Oceanview Park Homeowners Association; Jeanne Moody, 3151 Samoa Place, Costa Mesa; Robin Lassen, 3119 Gibraltar Avenue, Costa Mesa; and Denise C. Curry, 1851 Parkglen Circle, Costa Mesa. Two phone calls in favor of the helicopter program were received from Laura Rakinas and Charles Percell. One phone call opposed to the program was received from Carroll Dietze. A communication was submitted during the Council meeting from Citizens for a Safe Costa Mesa, signed by 67 neigh- bors, residents, and employees in the City, urging the Council to increase and upgrade the helicopter program. A second communication was submitted during the Council meeting, signed by 28 citizens and merchants in the City, expressing their support of continuing the heli- copter program. Mike Hilford, representing Committee for the Peaceful Elimination of Police Helicopters, expressed his opinion that helicopters are less effective than patrol cars. He suggested increasing the number of patrol cars so that the police would be more visible in the neighbor- hoods. Mr. Hilford requested that the Council delay replacing the destroyed helicopter for six months, and asked for all records pertaining to the City's heli- copter program. Robin Lassen, 3119 Gibraltar Avenue, Costa Mesa, a 35 - year resident of the City, supported the police heli- ccpter program. Ms. Lassen asserted that the committee represented by Mr. Hilford has seized upon the tragedy of the helicopter accident to pursue their cause to eliminate police helicopter programs. She stated that the timing was inappropriate. Joe Lukins, 2851 Tabago Place, Costa Mesa, 23 -year resident of the City, expressed his opinion that the accident involving the Newport Beach and Costa Mesa helicopters occurred because they flew in a reckless manner and in violation of FAA (Federal Aviation Administration) rules. He suggested grounding the helicopters until the findings of the FAA have been released. Council Member Wheeler questioned the accusations made by Mr. Lukins without his providing evidence. Bob Harrington, 1653 Labrador Drive, Costa Mesa, went on record as being a.strong supporter of the helicopter program because of the immediate response he had received when there was a vandalism problem in his neighborhood. He urged the Council to replace the helicopter as soon as possible. Mildred.Kniss, 327 West Wilson Street, Costa Mesa, supported the program, stating that the helicopters provide a feeling of security for the senior citizens in her mobile home park. John Libolt, 1301 West 13th Street, Upland, father of deceased Costa Mesa helicopter pilot, Mike Libolt, strongly supported the continuation of the program. He counted that criminals would be happy to see the program discontinued. Nancy Wilcox, 344 - 22nd Street, Costa Mesa, reported that she lives east of the City limits within the unincorporated area of the County. Ms. Wilcox opposed the Costa Mesa helicopter program as it now exists. She believed that the helicopter should only be used in life threatening situations. Ms. Wilcox was in favor of adding more patrolmen to enhance the relationship between the police and the citizens. She also reported that the Costa Mesa helicopter was flying over Anaheim Stadium during a Rams football game. Council Member Wheeler informed Ms. Wilcox that the City has mutual aid contracts with other cities, and the City is compensated in those cases. Jeff Elsten, Costa Mesa, requested the Council to purchase a new helicopter and modern equipment. He stated that the program is very beneficial in protect- ing private property. Jeanne Moody, 3151 Samoa Place, Costa Mesa, suggested that the Newport Beach resident who spoke earlier should not have a voice in a decision concerning the Costa Mesa helicopter program. She opposed the suggestion to put more patrol cars on the streets because traffic conges- tion in the summer, comprised mostly of beach goers, would render the units immobile. Dawn Goldstein, 1981 Wallace Avenue, Costa Mesa, was in favor of continuing the program because of the greater visibility from the air than from the ground. John Feeney, 1154 Dorset Lane, Costa Mesa, expressed 100 percent support for the police. He asked the Council to purchase a new helicopter, to expand the program, and to give the police.any other state of the art equipment they need. Dennis Patterson, 592 Hamilton Street, Costa Mesa, opposed police helicopters, and supported putting more patrolmen -on the street. He suggested that the Council delay purchase of a new helicopter until after the investigation of the accident has been completed. Bob Chapman, 2037 Capella Court, Costa Mesa, related that last summer, a young child in his neighborhood would have drowned had it not been for the immediate response of the police helicopter personnel. Charles Gardner, 2191 Pacific Avenue, Costa Mesa, contended that his daughter had been "buzzed" by the helicopter while riding a horse at Fairview Park. He reported that the pilots train over that park and it is dangerous for them to do so. Mr. Gardner stated that his complaints have been ignored. Janie Walker, 32 -year resident of the City, and 11 -year employee with the Costa Mesa Police Department, told of several incidents in which she and her family needed the assistance of the police. The immediate response by the police helicopter prevented serious harm to other police officers on the ground, to herself, and to members of her family. Ms. Walker believed that money should not be an issue when it saves lives. She reported that Costa Mesa received an award from the FAA for its safety record. Becky Aollard, widow of Jeffrey Pollard, who was aboard the Costa Mesa helicopter as an observer at the time of 1 the accident, spoke in support of continuing the program so that maximum safety can be provided to the community. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his support of police helicopters, and suggested that the City provide the public with more information about the function of the program. Lani Wilson, fiancee of Mike Libolt, explained that the helicopter is a support system for the ground units, and this is a perfect example of team work. As to using helicopters in only certain situations, Ms. Wilson commented that thieves do not submit a schedule of their crimes. Meg Ketchum, widow of police helicopter pilot, James Ketchum, asserted that the program speaks for itself. She urged the Council not to delay in replacing the lost helicopter. MOTION Mayor Hall spoke about the excellent helicopter program Authorized and its safety record, and thereafter moved to continue Continuation with the progress of the helicopter program in the City of Helicopter of Costa Mesa. The motion was seconded by Council Program Member Wheeler, and carried 5-0. Council Member Buffa reported that he was a passenger in the City's helicopter the previous evening, and comanted that visibility from the air is amazing. He mentioned that the helicopter is able to coordinate the ground forces, and as such, is a very effective weapon. Council Member Buffa believed that most of the citizen opposition is based on misunderstanding, and the City should educate the public on the helicopter uses. Responding to questions from the Council, the City Manager stated that.staff has been in the process of determining what equipment is available to replace the lost helicopter. Council Member Hornbuckle mentioned that she has been a passenger in the police helicopter several times so that she could become more informed. She also was amazed at the excellent visibility. Council Member Hornbuckle commented that to her knowledge, not many citizens are vigorously opposed to the program. Council Member Wheeler stated that when he first was elected to the Council, he was very opposed to the helicopter program; however, after he learned of its many uses, he has become a staunch supporter of the program. Vice Mayor Anburgey cammented that as an ex -police officer, and knowing the uses of the helicopter, it cannot be replaced with patrol cars or vice versa. RECESS The Vice Mayor declared a recess at 12:15 a.m., and the meeting reconvened at 12:20 a.m. Request to Process The Clerk .presented a request from Aubrey Oliger, 2121 General Plan Doctors Circle, Costa Mesa, to process a General Plan Amendment from Amendment to change the land use designation at 2110 Oliger and 2124 Thurin Street from Medium Density Residential to High Density Residential. The Development Services Director summarized staff's memorandum dated March 25, 1987. Staff recommended denying the request because it does not satisfy the acceptance criteria in Council Policy 500-2. 171 � Staff also recommended that if Council authorizes staff to process the General Plan Amendment, further direction should be provided to expand the Study Area to include properties between 2110 and 2144 Thurin Street, at 325 Victoria Street, and 2111 and 2121 Doctors Circle. In 1985, a similar General Plan Amendment was requested for the same properties. The General Plan review was expanded to cover the larger area bordered by Thurin Street, Victoria Street, and Doctors Circle. The Plan- ning Commission recommended to the City Council that the request be denied; however, the item was never heard by the City Council because the applicant became ill arra withdrew the request. Mayor Hall asked if the Staff Report fron 1985 would still be applicable. The Development Services Director responded that the Negative Declaration probably would be sufficient, and the Staff Report could be updated. Bob Chapman, 2037 Capella Court, Costa Mesa, represent- ing the applicant, stated that Mr. Oliger intends to build affordable housing on the site, and in order to do so, a High Density Residential designation is needed. Sid Soffer, 900 Arbor Street, Costa Mesa, was in favor of the Study Area being expanded to include the entire block. Mike Korando, 582 Park Drive, Costa Mesa, opposed the request for High Density Residential. Mayor Hall suggested a review of the entire area reccrm- mended by staff. Council Member Wheeler commented that the request does not meet the requirements of Council Policy 500-2, and the applicant did not take advantage of the study that was done in 1985. Council Member Hornbuckle stated she would consider reviewing the 1985 report as is, but not if it must be updated. Mayor Hall responded that he would consider reviewing the 1985 report as is if he had a copy of it at this time. MOTION A notion was made by Mayor Hall, seconded by Council Directed Staff to Member Buffa, directing staff to do a General Plan Prepare GP Study study to include the area mentioned in the memorandum for Area Shown of March 25, 1987. The motion carried 3-2, Council in Memorandum Members Hornbuckle and Wheeler voting no. Social Program The Clerk presented recommendations from Council Members Funding Hornbuckle and Buffa concerning allocation of social program funds. In their memorandum dated April 2, 1987, Council Members Hornbuckle and Buffa reported that on March 23 and 25 they held interviews with the organizations who had applied for funds. Based upon interviews arra review of applications submitted, they recommended funding to the organizations listed in the memorandum. The allocations were based on $150,000.00 available in General Revenue Sharing and $149,750.00 in Community Development Block Grant funds. MOTION On motion by Mayor Hall, seconded by Council Member Funding Approved Buffa, the recommended allocations were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Junior Golf Rate The Clerk presented a request to re-establish a junior golf rate at the Costa Mesa Golf and Country Club. In his memorandum dated March 13, 1987, the Director of Leisure Services detailed the proposed junior rates. MOTION On motion by Mayor Hall, seconded by Council Member Junior Golf Hornbuckle, and carried 5-0, the junior golf rates Rates Approved recommended by staff were approved. COUNCILMANIC Council Member Hornbuckle referred to letters of COMMENTS commendation sent by Police Chief Snowden to Explorer Scouts Julian Tosh and Rudy Lopez. She suggested Explorer Scouts having the Mayor send a letter of commendation also. Commended The Council agreed with that recommendation. Imagination Council Member Hornbuckle recotmended having a procla- Celebration mation prepared declaring April 25 through May 10, 1987, as "Imagination Celebration Days". This celebration highlights the arts and cross-cultural experiences in the County. The Council supported the recommendation. ADJOURNMENT TO At 12:45 a.m., the Vice Mayor adjourned the meeting to CLOSED SESSION a closed session in the first floor Conference Room to discuss pending litigation. ADJOURNMENT At 1:10 a.m., the regular meeti reconvened and the Vice Mayor declared the ing adjourned. May o the City of Costa -Mesa City Clerk -of the City of Cos Mesa 473