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HomeMy WebLinkAbout04/20/1987 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 20, 1987 The City Council of the City of Costa Mesa, California, met in regular session April 20, 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 Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Pastor Lothar V. Tornow, Christ Lutheran Church. ROLL CALL Council Members Present: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Assistant City Engineer, City Clerk MINUTES On motion by Council Member Hornbuckle, seconded by April 6, 1987 Council Member Buffa, and carried 5-0, the minutes of the regular meeting of April 6, 1987, were approved as mended. ORDINANCES A motion was made by Council Member Wheeler, seconded by Council Member Buffa, and carried 5-0, to read all ordinances by title only. ANNOUNCEMENTS Mayor Hall made the following announcements: Item 2 under New Business, request for funds for AYSO team, will not be acted upon this evening because the required application forms will not be available until May 1, 1987. Item 4 under New Business, request fran the City of Orange for support of its billboard litigation, will be continued to the meeting of May 4, 1987. Item 6 under New Business, Senior Citizens Committee appointments, will be.continued to the meeting of May 4, 1987. " PROCLAMATION Mayor Hall read a proclamation declaring April 25 to "Imagination May 10, 1987, as "Imagination Celebration Days". The Celebration Days" proclamation was presented to Mike Comer, Treasurer of the Imagination Celebration organization. Junior Warren's Mayor Hall presented a letter of commendation to the Clubs Commended members of the General Federation of Women's Clubs, Costa Mesa Juniors, commemorating April 20-26, 1987, as National Federation Week for Junior Warren's Clubs. The letter was presented to Linda Feffer. ORAL Henry Armantrout, 1068 Visalia Drive, Costa Mesa, COMMUNICATIONS representing the North Costa Mesa Homeowners Associa- tion, referred to his recent letter to the Development Herne Ranch Project Services Director concerning the C. J. Segerstron Herne Ranch project. He requested permission to fly balloons at the heights of the two buildings proposed for Home Ranch so that residents would have some idea of the view ffr an their properties if the proposed project were approved. The City Manager reported that the Seger- strans have been told of the homeowners' suggestion. Mayor Hall stated that the homeowners will be advised of the Council's decision. L 7-� `,5 Parking at Costa Mildred Kniss, 327 West Wilson Street, Costa Mesa Mobile Mesa Mobile Estates Estates, complained about the parking situation at the nubile home park, asserting that parking spaces were overlapping the lot lines. Ms. Kniss contended that the owner of the park has not followed the plot plan which he submitted to the City. Irene Raney, resident of the park, Space 25, reported that she has had a problem with the park owner concern- ing the location of her parking space. Glen Greener, representing the park owner, stated that Ms. Raney's problem could be easily resolved, and he would do so privately. Responding to Council Member Wheeler's question about parking spaces overlapping lot lines, the Development Services Director reported that there are no lot lines in a mobile home park, only spaces. The Director also reported that since the last inspection, parking spaces at the park were adequate. 1986-87 Street Victor Larsen, 1629 White Oak Street, mentioned that he . Maintenance (Street had appeared before the Council at the meeting of Febru- Reconstruction and ary 2,. 1987, concerning the length of time it has taken Parkway Maintenance) the contractor, Blair Paving, to complete the street and parkway reconstruction. Blair Paving Hillary Larsen, 1629 White Oak Street, asked how much longer they must wait to have the parkway completed and the sprinklers replaced. Mayor Hall announced that this issue will be addressed when Item 5(c) on the Consent Calendar, contract award to Blair Paving for Harbor Boulevard rehabilitation, is discussed. He asked all interested persons to wait until then to give their input. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 5(c), Contract award for Harbor Boulevard Rehabilitation; Item 7(a) Budget Adjustment No. 87-78 for $638,100.00, for City's share of Bristol Street widening; Item 8, Release funds to Clarke Contracting Corporation for Assessment District No. 82-2; Item 9(b), Resolution requesting OCUIT funds for Harbor Boulevard Rehabilitation; and Item 9(c), declaring as public streets, portions of Presidio Square, Junipero Drive, and Arlington Drive. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, 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 READING FOLDER On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Attorney Robert J. Gokoo on behalf of Susan Lee Hallock; Sedighe Sadate Hosseini; Tahereh Sadet Hosseini; Zahra Seyedeh Hosseini; Eshrat Khangari; Michael D. Long; Jose V. Molano; Attorney Richard M. Hawkins on behalf of Richard Perlin; Karen Stitt; and Application for Leave to Present a Late Claim frcm.law offices of Ginsberg and Caesar on behalf of Brill Transfer. Alcoholic Alcoholic Beverage License application for which Beverage parking has been approved by the Planning staff: License James P. Corbett and Charles A.. Costa, doing business as The Keg, 1125 West Victoria Street, Buildings K and L. State Controller A statement containing the amount estimated to be paid Revenue to each city and county as its share of revenues to be Apportiorment apportioned by the State Controller during fiscal year ending June 30, 1988, from Highway Users Taxes, Motor Vehicle License Fees, and Off-highway Motor Vehicle License Fees. Reduction of Resolution from the City of Newport Beach supporting Hazardous Waste the use of practices that minimize hazardous waste and the preparation of a"hazardous waste management plan by the County of Orange, pursuant to Assembly Bill 2948. Air Safety Resolution from the City of Cerritos urging Congress and PA -87-15 to initiate emergency expert analysis of three Segerstram dimensional radar as an interim remedy to air safety problems; and supporting the California Legislature MOTION in urging all counties in the State to support the Hearing Set emergency request study of bistatic radar, and to for May 4, 1987 provide funding for same. Smoking Communication from Stephen H. Goldberger, M.D., 275 Regulations Victoria Street, Costa Mesa, concerning regulations mandating nonsmoking areas in public places. SET FOR PUBLIC A notion was made by Council Member Hornbuckle, seconded HEARING by Council Member Buffa, to adopt Resolution 87-21, REJECTED CLAIMS being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Weed Abatement COSTA MESA, CALIFORNIA, DETERMINING AND DECLARING THAT Abrams RUBBISH AND WEEDS ARE A PUBLIC NUISANCE; DIRECTING THE MOTION FIRE CHIEF OR HIS DESIGNEE TO REMOVE SAID RUBBISH AND Resolution 87-21 DESTROY SAID WEEDS AS REQUIRED BY LAW; FIXING THE TIME Adopted/Setting a .FOR HEARING ALL OBJECTIONS OR PROTESTS; AND DIRECTING Hearing for May 18, THE ABATEMENT OF SAID RUBBISH AND WEEDS, setting a 1987 public hearing on May 18, 1987, at 6:30 p.m., in the Council Chambers of City Hall. 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 EIR No. 1036 On motion by Council Member Hornbuckle, seconded by and PA -87-15 Council Member Buffa, and carried 5-0, the following Segerstram items were set for public hearing on May 4, 1987, at 6:30 p.m., in the Council Chambers of City Hall: MOTION Environmental Impact Report No. 1036 and Planning Hearing Set Action PA -87-15, C. J. Segerstram and Sons, 3315 for May 4, 1987 Fairview Road, Costa Mesa, for an office/commercial development.containing 722,400 square feet, including one 12 -story -and one 20 -story office building with a 15,000 -square -foot child care center, located on South Coast Drive between Fairview Road and Harbor Boule- vard, in a PDC zone. REJECTED CLAIMS On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the claim from Abrams Francis J. Abrams was rejected. Fabre (Yassai) On motion by Council Member Hornbuckle, seconded by Council Member Buffa, arra carried 5-0, the claim from Helene Christine Fabre (previously Yassai) was rejected. Moreno On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the claim from Randall Moreno was rejected. Southern On motion by Council Member Hornbuckle, seconded by California Gas Council Member Buffa, and carried 5-0, the claim frcxn Southern California Gas Ccanpany was rejected. Standefer On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the claim frcmn Maria G. Standefer was rejected. Tinnierello On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the claim from Joseph Tinnierello was rejected. ADMINISTRATIVE ACTIONS Bids received for Bid Item 745, Revision "A", Remove and Replace Five Underground Fuel Storage Tanks, are on file Bid Item 745-A in the Clerk's office. On motion by Council Member Fuel Storage Hornbuckle, seconded by Council Member Buffa, the Tanks contract was awarded to Hekimian and Associates, Incor- porated, 15142 Goldenwest Circle, Westminster, for MOTION $103,734.00. The motion carried by the following roll Awarded to call vote: Hekimian AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 766 Bids received for Bid Item 766, Install New Lighting Lighting for Fixtures and Lamps at TeWinkle Park Softball Diamonds, TeWinkle Park are on file in the Clerk's office. On motion by Council Softball Diamonds Member Hornbuckle, seconded by Council Member Buffa, the contract was awarded to Amtech Lighting Services, 9637 MOTION Remer Street, South El Monte, for $19,347.00. The Awarded to motion carried by the following roll call vote: Amtech Lighting AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Traffic Signals Bids received for Installation of Traffic Signals at at Baker Street Baker Street and College Avenue are on file in the and College Avenue Clerk's office. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, the contract was MOTION awarded to Sierra Pacific Electrical Contracting, 2542 Awarded to Avalon Street, Riverside, for $75,878.00. The motion Sierra Pacific carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1986-87 Parkway Bids received for 1986-87 Parkway Maintenance (Denver Maintenance Drive, Ludington Street, Marquette Circle, Grand Haven Circle, Fayette Circle, and Baker Street and Mendoza Drive) are on file in the Clerk's office. On motion by MOTION Council Member Hornbuckle, seconded by Council Member Awarded to Buffa, the contract was awarded to B-1 Enterprise B-1 Enterprise Corporation, Post Office Box 714, Rancho Cucamonga, for $199,130.20. 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 MOTION Low bidder for the aforementioned 1986-87 Parkway Approved Request Maintenance project, Artistic Landscape and Engineering, to Withdraw Bid 8445 Dearborn Avenue, South Gate, made a request to withdraw its bid because of a mathematical error. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, approval was given to withdraw the bid, and the Bid Bond was 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 Change Order No. 1 The Director of Public Services requested approval of JWM Engineering Change Order No. 1 for $23,863.59, to the contract with JWM Engineering, 18226-A McDermott, Irvine, for addi- Victoria Street tional work required for construction of the Victoria Storm Drain Street storm drain. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, the change MOTION order was approved by the following roll call vote: Change Order AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Hornbuckle; seconded by No. 87-80 Council Member Buffa, Budget Adjustment No. 87-80 for I-405 Access Study $40,000.00, to prepare environmental documents for the I-405 Access Study, was approved by the following roll MOTION call vote: Adjustment AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Increasing The Director of Public Services reccmmended an increase Development Trip in development trip charges for fiscal year 1987-88 Charges fran $78.00 per trip to $95.00 per trip. On motion by Council Member Hornbuckle, seconded by Council Member MOTION Buffa, Resolution 87-22, being A RESOLUTION OF THE CITY Resolution 87-22 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING Adopted DEVELOPMENT TRIP CHARGES WITHIN COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference On motion by Council Member Hornbuckle, seconded by Advances Council Member Buffa, a Conference Advance for $485.00, for a police officer to attend the Chemical Agent MOTION Instructor Conference in Oceanside, May 4-8, 1987, was Advance approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Hornbuckle, seconded by Advance Council Member Buffa, a Conference Advance for $645.00, Approved for a police officer to attend the Counter Measures in Polygraph Conference in Ontario, May 8-10, 1987, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Harbor Boulevard Rehabilitation Item 5(c) on the Consent Calendar was presented: Rehabilitation of Harbor Boulevard from. Baker Street to MacArthur Boulevard. Staff recommended awarding the contract to Blair Paving, Incorporated, for $590,815.00. 1 9 19- Mayor Hall explained that this item was removed from the Consent Calendar because of the problems encountered with Blair Paving in completing the 1986-87 Street Maintenance project (Street Reconstruction and Parkway Maintenance for Country Club Drive, Oxford and Green - briar Lanes, Myrtlewood Street, and Jacaranda Avenue). Victor Larsen, 1629 White Oak Street, commented that after four months, Blair Paving still has not completed parkway reconstruction. Mrs. Larsen reported that work commenced December 10, 1986, arra curbs and gutters were completed by January 1, 1987. The Engineering staff had advised her that there would be a 3 -1/2 -week delay in paving the streets because of required pressure tests; however, to date, the work has not been completed. Mrs. Larsen stated that the contractor has not replaced the broken sprink- lers, water is coning up through the ground, and a one - foot ditch on her property has not been filled. She mentioned that Blair Paving completed reconstruction of Adams Avenue in Huntington Beach within four weeks. William Polder, 1628 White Oak Street, suggested that the problem may be with the City's scheduling of the work. Mr. Polder reported that he offered to replace his lawn if the contractor would clean up the debris. Motion Made to A ration was made by Vice Mayor Anburgey, seconded by Award Contract to Mayor Hall, to award the contract for the Harbor Boule- Griffith Company vard rehabilitation to the second lowest bidder, Griffith Company, in the amount of $676,455.00. SUBSTITUTE MOTION Council Member Hornbuckle made a substitute motion to Continue to continue this item to the meeting of May 4, 1987; May 4, 1987 directing Blair Paving to submit a written response as soon as possible explaining why the street and parkway maintenance project has not been completed; and direct- ing staff to prepare a report on what has occurred to delay completion of the project. AMENDED SUBSTITUTE At the suggestion of Council Member Buffa, Council MOTION Member Hornbuckle amended the substitute motion by Directed Blair adding that Blair Paving shall complete the street Paving Complete and parkway maintenance project by May 4. The amended Work by May 4 motion was seconded by Council Member Buffa, and further discussion ensued. Council Member Wheeler made a recommendation to direct staff to -provide information on possible sources for additional funds (approximately $86,000.00) if the contract were to be awarded to the next lowest bidder. Council Member Buffa responded that the substitute motion does not address awarding the contract to the second lowest bidder, and he was confident that staff would provide Council with funding sources by the next Council meeting. The substitute motion, as amended, carried 4-1, Vice Mayor Amburgey voting no. Mayor Hall reminded staff to advise Blair Paving of Council's action. Budget Adjustment Item 7(a) on the Consent Calendar was presented: Budget No. 87-78/Bristol Adjustment No. 87-78 for $638,100.00, for the City's Street Widening share of the cost for the Bristol Street widening south- bound at Anton Boulevard. 430 �� v Michael Nutter, 3469 Plumeria Place, Costa Mesa, asked for clarification of this allocation. The City Manager explained that when development fees are collected they are deposited in the City's General Fund. When funds are needed for a specific project, they are transferred into an account for that project. MOTION On motion by Council Member Buffa, seconded by Vice Adjustment Mayor Amburgey, Budget Adjustment No. 87-78 was approved Approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Release Funds to Item 8 on the Consent Calendar was presented: Request Clarke Contracting to release remaining funds on deposit, in the amount of for Assessment $16,813.36, to Clarke Contracting Corporation, 1218 District No. 82-2 South Alameda Street, Canpton, in connection with Assessment District No. 82-2, South Coast Metro Center. MOTION Removed frau On recanmendation by the City Attorney, this item was Agenda removed from the agenda. OCUTT Funds for Item 9(b) on the Consent Calendar was presented: A Harbor Boulevard resolution requesting Orange County Unified Transporta- tion Trust (OCUTT) funding for resurfacing Harbor Boule- vard between Baker Street and MacArthur Boulevard. The Assistant City Engineer made a reccmmendation to continue this item to the next Council meeting so that the resolution will be adopted at the same time the contract is awarded for rehabilitation of Harbor Boule- vard. MOTION On motion by Council Member Hornbuckle, seconded by Held Over to Council Member Buffa, and carried 5-0, this item was May 4, 1987 continued to May 4, 1987. Presidio, Junipero Item 9(c) on the Consent Calendar was presented: Three and Arlington resolutions declaring as public streets portions of Presidio Square,. Junipero Drive, and Arlington Drive. MOTION Held Over to On motion by Council Member Hornbuckle, seconded by May 4, 1987 Council Member Wheeler, and carried 5-0, this item was continued to May 4, 1987. OLD BUSINESS The Clerk presented the Traffic Cammission's revised street sweeping guidelines. Street Sweeping Vice Mayor Amburgey suggested an amendment to Guideline Guidelines No. 5, first sentence: "Special consideration will be given in areas with dense on -street parking. (The end of that sentence, "where current off-street parking standards are not met", was deleted.) MOTION Guidelines On motion by Vice Mayor ATburgey, seconded by Council Approved Member Hornbuckle, and carried 5-0, the guidelines were approved as amended. WARRPNTS On motion by Council Member Buffa, seconded by Council Member Hornbuckle, Warrant Resolution 1355, including MOTION Payroll 8707, was approved by the following roll call Warrant 1355 vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented a request from Sergeant REPORTS Dennis Cost for a leave of absence from December 7, 1987, to May 31, 1988. Sergeant Cost will have accrued Leave of Absence two months of vacation time at this point, and would for Sergeant Cost need a four-month leave of absence without pay. Council Member Wheeler supported leaves of this type because police work is a high -stress occupation. He suggested that the Police Association consider advancing a proposal for an institutionalized program, to allow officers to take these types of leaves without pay in order to maintain the high quality of the Costa Mesa Police Department. MOTION- On motion by Vice Mayor Amburgey, seconded by Council Leave Approved Member Wheeler, and carried 5-0, the leave of absence for Sergeant Cost was approved. PUBLIC HEARING The Clerk announced the public hearing, continued from Satellite Antenna the meeting of April 6, 1987, to consider a proposed Regulations amendment to Title 13 of the Costa Mesa Municipal Code regarding satellite antenna regulations. The Development Services Director reviewed staff's memorandum dated March 20, 1987. The first draft ordinance (Exhibit 1) presented a concern to the Plan- ning Commission because Conditional Use Permits would be required for all satellite antennas in residential zones, and because setbacks and buffering would be required for all satellite antennas in all nonresiden- tial zones adjacent to a residential zone regardless of whether or not the antenna was visible from the adjacent residential zone. Based on the CoRnnission's concerns, staff drafted a second version (Exhibit 2). The latter draft ordinance would allow review of satellite antennas in residential zones, and nonresidential zones adjacent to residential zones, by the Zoning Administrator as a Minor Condi- tional Use Permit. The second draft ordinance also includes qualitative criteria for evaluation. Both draft ordinances permit installation of unscreened antenna dishes in nonresidential zones not adjacent to residential zones. Pat Dolan, 923 West 20th Street, Costa Mesa, was opposed to any regulation of antenna dishes, and contended that to do so is in violation of the Federal Communications Commission (FCC) regulations. There being no other speakers, the Mayor closed the public hearing. Council Member Wheeler agreed with Mr. Dolan's comments, and voiced his opinion that the satellite antenna ordi- nance is unnecessary. Mayor Hall commented that amendments could be made prior to second reading of the ordinance to ensure that it does not violate FCC standards. Council Member Buffa stated that he would reluctantly support the proposed ordinance (Exhibit 2); however, he believed the problem would take care of itself. Council Member Buffa commented that he would like to see some regulation for extremely large antenna dishes, such as the one in the Vista del Lago tract, because of the adverse impact it has had on surrounding residents. MOTION On motion by Council Member Hornbuckle, seconded by Vice Ordinance 87-8 Mayor Amburgey, Ordinance 87-8 (Exhibit 2), being AN (Exhibit 2) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Given First CALIFORNIA, OONCERNING THE LOCATION AND TREATMENT OF Reading SATELLITE DISH ANTENNAS, was given first reading and passed to second reading 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, continued from Appeal of PA -86-81 the meeting of February 17, 1987, to consider an appeal Cloer/Shih of the Planning Ccnmission's denial of Planning Action PA -86-81 frau Walter Cloer, 16669 Mt. Michaelis, Fountain Valley, authorized agent for Kermin Shih, 1951 Newport Boulevard, Costa Mesa, for a variance from screening required in conjunction with legalization of an existing satellite dish at 1951 Newport Boulevard in a C2 zone. Environmental Determination: Exempt. Mayor Hall suggested withdrawing this item and having it reviewed by the Development Services,Director. The Council agreed with the recamnendation and there- after, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by PA -86-81 Vice Mayor Amburgey, and carried 5-0, Planning Action Withdrawn PA -86-61 was withdrawn. RECESS The Mayor declared a recess at 7:50 p.m., and the meet- ing reconvened at 8:00 p.m. PUBLIC HEARINGS The Clerk announced that this was the time and place set Ball/Arnel for the public hearings for David L. Ball, Bristol -Baker Investment Campany, Orangethorpe Professional Office Center, c/o Arnel Development Company, 950 South Coast Drive, Suite No. 200, Costa Mesa, for property located at 655 Baker Street: EIR 1034 Environmental Impact Report 1034 for General Plan Amendment GP -87-1A, Rezone Petition R-87-01, and Planning Action PA -87-43. GP -87-1A General Plan Amendment GP -87-1A, to change the land use designation of six acres from General Commercial to High Density Residential. R-87-01 Rezone Petition R-87-01, to rezone 16 acres from R2 (Multi -family Residential) and C2 (General Business District) to R4 (Multi -family Residential) or PDR -HD (Planned Development Residential -High Density). PA -87-43 Planning Action PA -87-43, for a Planned Development Review for a 440 -unit apartment project, with an amendment to the Bristol Street Specific Plan to allow building height in excess of 30 feet on 16 acres. The Affidavit of Publication is on file in the Clerk's off ice . No ccu mun icat ions have been received. The Development Services Director summarized each item for the project.as detailed in staff's memoranda dated April 13 and 14, 1987. Environmental Impact Report (EIR) No. 1034 addresses environmental impacts associated with amending the General Plan for the southerly 5.85 acres frau General 483 Canmercial to High Density Residential, and with rezon- ing the entire site from R2 and C2 to PDR -HD. Impacts of the apartment project are also evaluated. Certifi- cation of the EIR does not obligate the Council to approve any portion of the project. It merely means that impacts and measures for their mitigation are accurately identified. General Plan Amendment GP -87-1A and Rezone Petition R-87-01 involve the Whelan property at 655 Baker Street. The General Plan Amendment is to redesignate approximately six acres at the southernmost portion of the property from General Co mrcial to High Density Residential. The Rezone Petition proposes to redesig- nate the entire site from R2 and C2 to PDR -HD. Planning Action PA -87-43 is a Planned Development Review for a 400 -unit apartment project. Although an amendment to the Bristol Street Specific Plan was proposed, staff determmined that the amendment is not necessary. Staff's interpretation of the Specific Plan is that it does not prohibit buildings in excess of two stories/30 feet in this area of Bristol Street. The project will contain one-, two-, and three-bedroom units. The plan has been revised by transposing the location of the driveway and tennis court. This was done at staff's request. During discussion, Council Member Wheeler expressed concern that the EIR did not adequately address all future developments for the area. The applicant, David Ball, made a request to allow construction between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Mayor Hall commented that if approval were given for these hours, and complaints were received about noise on Saturdays, the Council may shorten the Saturday hours of construction to be from 10:00 a.m. to 7:00 p.m. Council Member Hornbuckle noted that the plan does not provide for a play area, and asked if such an area could be included at the southwest corner of the property. Mr. Ball responded that in his opinion, the need for a play area is very minimal for this type of project, and the liability would be very costly; however, he did agree to discuss it. John Feeney, 1154 Dorset Lane, Costa Mesa, opposed the number of apartments that have been approved by the Council. He believed that the Council should be encour- aging hone ownership. Mr. Feeney stated that crime rates increase in high density rental areas. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that because of the high cost of land in Costa Mesa, it is not always economically feasible to construct single- family homes. Roy Pizarek, 1923 Waittier Avenue, Costa Mesa, commented that if there were just one child in the complex, a play area should be provided. There being no other speakers, the Mayor closed the public hearing. Council Member Wheeler stated that the EIR is grossly inadequate because it fails to address the millions of square feet of space that will be added in this area, the tens of thousands of cars per day which will be generated by future developments, and it does not consider traffic impacts from the cities of Irvine and Newport Beach. MOTION A notion was made by Council Member Buffa, seconded by EIR Certified Vice Mayor Amburgey, to certify EIR No. 1034 for General Plan Amendment GP -87-1A, Rezone Petition R-87-01, and Planning Action PA -87-43, as having been completed in compliance with the California Environmental Quality Act (CEQA), and as having been reviewed and considered by the City Council prior to final action on the project. The motion carried 4-1, Council Member Wheeler voting no. Council Member Wheeler opposed General Plan Amendment GP -87-1A because it does not meet the Council's goals, it does not provide for affordable housing, the density overburdens City streets with traffic, and overburdens City services. In addition, Council Member Wheeler commented that three Council Members have received tens of thousands of dollars in contributions from these developers, and either the contributions should be explained, or those Council Members should disqualify themselves from voting. Council Member Buffa stated that he would prefer R1 zoning; however, there is a need for housing, especially rentals. MOTION On motion by Vice Mayor Amburgey, seconded by Council Resolution 87-23 Member Buffa, Resolution 87-23, being A RESOLUTION OF Adopted/Approving THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, GP -87-1A ADOPTING GENERAL PLAN AMENDMENT GP -87-1A, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Council Member Wheeler opposed the PDR -HD zoning proposed for Rezone Petition R-87-01 because of the high density it would allow. Council Member Hornbuckle commented that the open space being provided is more than is required and it offsets the density; however, it does not make up for the addi- tional traffic which will be generated. MOTION On motion by Council Member Buffa, seconded by Vice Ordinance 87-9 Mayor Amburgey, Ordinance 87-9, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading/Approving CHANGING THE ZONING OF APPROXIMATELY 16 ACRES AT 655 Option I BAKER STREET FROM R2 AND C2 TO PDR -HD, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler, Hornbuckle ABSENT: COUNCIL MEMBERS: None Council Member Wheeler expressed his opposition to Planning Action PA -87-43 because there are many adverse impacts which cannot be mitigated; the project will increase the City's population by approximately 800 people and will overburden existing City services; traffic circulation in the area has not been adequately addressed; the project has visibility and safety prob- lems because it is adjacent to a commercial area; the 1 recommended improvements are inconsistent with the existing plans for the streets and highways in the area; and the project is too dense. Council Member Hornbuckle was concerned with the addi- tional traffic which would be generated by the project. She also believed that the Saturday construction hours of 7:00 a.m. and 7:00 p.m. should be reduced. Vice Mayor Amburgey commented that the project was very attractive and would be a vast improvement over the weeded fields and dilapidated farm house and water tower which now exist. As to crime rate, the Vice Mayor contended that regardless of the density of an area, crimes still are committed. He agreed with Council Member Hornbuckle's recommendation for a play area in the southwest area of the site. MOTION A motion was made by Vice Mayor Amburgey, seconded by PA -87-43 Council Member Buffa, approving Planning Action PA -87-43 Approved subject to all conditions contained in the staff report. AMENDED MOTION After further discussion, Vice Mayor Amburgey amended Conditions and the motion to include the following: Modifications Added Approval is based on the findings and analysis con- tained in the Staff Report, and the recommendation of the Planning Commission. Applicant shall confer with staff and/or Council Member Hornbuckle concerning installation of a play area in the southwest portion of the site. Condition of Approval No. 1 shall reflect the wording contained in the Planning Ccmammission Minutes dated March 23, 1987, "The 59 storage garage spaces, and storage for RV's and other storage, shall be for the exclusive use of tenants of the project". Code Provision No. 26 shall be modified as stated in the Staff Report. Hours of construction shall be frcn 7:00 a.m. to 7:00 p.m., Monday through Saturday, and should there be an excessive amount of complaints, the hours of construction on Saturdays shall be frcan 10:00 a.m. to 7:.00 p.m. Solar energy shall be used to heat the swimming pools. The motion carried 3-2, Council Members Hornbuckle and Wheeler voting no. NEW BUSINESS The Clerk presented a letter from Lou Petros, Costa Mesa High School, 2650 Fairview Road, Costa Mesa, Grad -Night Costa Mesa High Fund .Raising Chairman, requesting a donation from the School Grad -Night City for the Grad -Night party to be held June 18, 1987. Party Lou Petros, 205 East Edgewater, Balboa, reported that this will be the first Grad -Night Party at Costa Mesa High School. The estimated cost is $10,000.00, and he requested a $2,000.00 donation from the City. To date, $5,200.00 has been received by the fund-raisers. Mr. Petros mentioned that he has solicited donations frau the private sector but the response has been poor. John Vento, 4407 Kirkwood Avenue, Orange, Senior Class President, explained that the Grad -Night party is to provide entertainment for the graduates so that they need not attend parties where alcohol and/or drugs are available. C C� Jocelyn James, 2573 Fordham Drive, Costa Mesa, reported on how the $10,000.00 would be spent: $4,000.00, enter- tairment; $3,000.00, decorations; $1,000.00, food; $1,000.00, gifts; and $1,000.00, miscellaneous expenses. She reported that this project has resulted in parents becoming mare involved in school activities. Responding to Council Member Hornbuckle's question, Ms. James explained the regulations which have been imposed for the party. The party is scheduled from 8:00 p.m. to 5:00 a.m. Students cannot leave the party unless parents are called. Once students have left the party, they cannot return. Students who arrive at the party intoxicated are kept there to recuperate. Tenth and Eleventh grade parents will work five-hour shifts. Steven Kiskamp, 3101 South Fairview Street, Apartment No. 30, Santa Ana, Senior at Costa Mesa High School, asked that the Council support this activity, stating that he was looking forward to a party free of smoke, alcohol, and drugs. The following Costa Mesa residents who are involved with the project asked for the City's financial support: Meriam Day, 2819 Francis Lane; Flo Martin, 2442 Andover Place; and Lynne English, 2334 Minutemen Way. Council Member Hornbuckle was concerned about using tax- payers' money for a party. She suggested the students offset the donation by helping to clean up Lions Park after the fish fry. Council Member Wheeler commented that at first he was hesitant about making this type of donation; however, since the City donates funds for the Costa Mesa float; has waived certain insurance requirements for the fish fry; and donates to "Arts on the Green", he believed a contribution for this activity is justified. Council Member Buffa indicated his support of the request because the activity addresses the massive problem of teen drinking. Vice Mayor Anburgey did not oppose giving financial assistance; however, he did believe the students should be willing to reciprocate by donating some time to the City. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his opinion that people should be willing to work for the money they request. Mr. Soffer then donated $20.00 to the Grad -Night fund. Jocelyn James spoke again to inform the Council that the concept of the party was to give the Senior Class a gift. Ms. James suggested that possibly the parents could help clean up after the fish fry. Council Member Wheeler ccnmented that the Council did not ask for reciprocation from other youth groups to whom funds were allocated. MOTION A motion was made by Council Member Wheeler, seconded Request for by Council Member Buffa, to appropriate $2,000.00 to Funds Approved Costa Mesa High School's Grad -Night party, with the stipulation that no one shall be turned away because of their financial situation, and those students attending at no cost shall remain anonymous. 4 S 7 Council Member Buffa suggested assistance from the Leisure Services Department, including use of banquet tables, ' folding chairs, etc. MOTION AMENDED Council Member Wheeler amended his motion by adding that Leisure Services the Leisure Services Department staff shall consider an Staff to Assist in kind donation as suggested by Council Member Buffa. Fund-raising The amended motion was seconded by Council Member Buffa. Carnmittee Council Member Hornbuckle did not agree with involving the Leisure Services Department because staff is quite busy with regular duties. Council Member Hornbuckle recanmended that the fund- raising committee contact the City Manager to discuss the possibility of in kind services from the Leisure Services Department, and to determine if there are any volunteers to help with the fish fry clean-up. SEODND AMENDMENT Council Member Wheeler again amended his motion to TO MOTION include the aforementioned recommendation by Council City Manager to Member Hornbuckle. The amendment was seconded by Determine Services Council Member Buffa. Available The motion as twice amended now reads, "Appropriate $2,000.00 to Costa Mesa High School's Grad -Night party, with the stipulation that no one shall be turned away because of their financial situation, and those students attending at no cost shall remain anonymous; and direct- ing the fund-raising committee to contact the City Manager to discuss the possibility of in kind services from the Leisure Services Department, and to determine if there are any volunteers to help with the fish fry clean-up. The motion carried 5-0. RECESS The Mayor declared a recess at 10:15 p.m., and the meeting reconvened at 10:30 p.m. Request for Funds The Clerk presented a letter fram Dan Demara, 3067 fran AYSO Killybrooke Lane, Costa Mesa, requesting funds towards the sponsorship of a local boys AYSO (American Youth Soccer Organization) team. Because the required application forms will not be available until May 1, 1987, the Mayor suggested that this item be withdrawn. MOTION On motion by Council Member Buffa, seconded by Council Request Member Hornbuckle, and carried 5-0, the request was Withdrawn withdrawn. Request from The Clerk presented a letter from Thrifty Oil Company, Thrifty Oil to 10000 Lakewood Boulevard, Downey, requesting the Council Reconsider to reconsider Ordinance 86-2, regulating concurrent sale Ordinance 86-2 of alcoholic beverages and gasoline. Mayor Hall asked about the procedure for repealing an ordinance. The City Attorney responded that because Ordinance 86-2 concerns a zoning matter, the request to repeal the ordinance must first be considered by the Planning Commission. Mayor Hall recommended referring this item to a Study Session. Council Member Hornbuckle commented that she is not interested in repealing Ordinance 86-2. The City Attorney informed the Council that there is litigation pending with Thrifty Oil Company. Based upon that information, the Mayor commented that it would be inappropriate to discuss the request this evening. The Mayor also mentioned that there is pending legislation which may pre-empt the City's ordinance. Council Member Wheeler stated that since there is no evidence indicating that Ordinance 86-2 is necesary, there was no need to refer this item to a Study Session. He suggested preparation of a draft ordinance repealing Ordinance 86-2 for Council consideration. As to pending litigation, Council Member Wheeler asked if Thrifty Oil Company would dismiss the lawsuit and waive all costs if Ordinance 86-2 were repealed. Al Johnson, Thrifty Oil Company, responded that he would be willing to dismiss the case and waive costs if the ordinance were repealed. Les Hausrath, 1221 Broadway, Oakland, attorney for Thrifty Oil Company, confirmed Mr. Johnson's statement. Council Member Buffa announced that he was not in favor of reconsidering the ordinance. MOTION A rmtion was made by Vice Mayor Amburgey, seconded by Referred to Mayor Hall, to refer this item to the first available Study Session Study Session to receive input from the City Attorney. The motion carried 3-2, Wheeler and Buffa voting no. Motion to Draft Council Member Wheeler moved to direct staff to prepare Ordinance Repealing an ordinance which would repeal Ordinance 86-2 to be Ordinance 86-2 reviewed at the Study Session. The motion failed to Failed to Carry carry 3-2, Council Members Hall, Hornbuckle, and Buffa voting no. Request fron City The Clerk presented a letter from the Mayor of the City of Orange for of Orange requesting Council consideration to provide Support of its any and all political, legal, and moral support concern - Billboard Lawsuit ing that City's billboard litigation. MOTION On motion by Council Member 6�ieeler, seconded by Council Held Over to Member Buffa, and carried 5-0, this item was continued May 4, 1987 to May 4, 1987, in order to obtain more information. Funding for Costa The Clerk presented a request from the Costa Mesa - Mesa Float Newport Harbor Lions Club for funding of the Costa Mesa float. Vice Mayor A-nburgey reported that the float will be entered in 10 parades at a cost of $775.00 per parade. MOTION A ration was made by Vice Mayor Puburgey, seconded by Funds Authorized Council Member Hornbuckle, approving funds for the Costa Mesa float for 10 parades, and stipulating that between now and next year's parades, consideration shall be given to entering the float in only those cities which reciprocate by entering their floats in the Costa Mesa parade. 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 Seniors Committee On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, appointments of new MOTION/Held Over members to the Senior Citizens Committee was continued to May 4, 1987 to May 4, 1987. Rate'Increases The Clerk presented a resolution increasing rates for for Towing . towing services within the City of Costa Mesa. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about wrecked vehicles being stored on Monrovia Avenue. He submitted photographs to the City Manager. Council agreed that the matter should be investigated and the nuisance stopped. MOTION On motion by Council Member Wheeler, seconded by Council Resolution 87-24 Member Buffa, Resolution 87-24, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FIXING THE RATE SCHEDULE FOR CERTAIN TOWING SERVICES PURSUANT TO SECTION 9-284 OF THE COSTA MESA MUNICIPAL CODE, was adopted by the following roll call vote: AYES: COUNCIL MD14BERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Cable Television The Clerk presented a progress report from the Cable Committee Report Television Cammittee and a request for funding. Council Member Buffa camnented that the Progress Report dated April 15, 1987, is self-explanatory and commended the cam-nittee members on their excellent work. Council Member Hornbuckle reccnunended amending the Cable Canmi.ttee's bylaws by alternating the two-year terns of office. To initiate the staggered terns, she suggested appointing half of the present members to one-year terns and the other half to two-year terns so that all terns of office will not expire at the same time. Council Member Hornbuckle suggested drawing names to determine the duration of the present members' appointments. MOTION On motion by Council Member Hornbuckle., seconded by Report Received; Council Member Wheeler, the following action was taken: Bylaws Adopted; Funds Authorized The Progress Report was received and filed. The bylaws were adopted, including the amendment concerning staggered terns of office as recanmended by Council Member Hornbuckle. Approved staff time and costs for printing, mailing, and tabulating a Needs Assessment Survey to determine what kinds of community access programming subscribers want to see. Approved staff time and costs for printing and distribution of a brochure on camunity access. Approved grant application and process. Stipulated that the requested funds are to be taken frau franchise fees. 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 Council Member Wheeler congratulated the Cable Tele- vision Canmittee members for their excellent report. COUNCILMANIC Council Member Buffa reported that he is exploring the COMMENTS possibility of having a City Hall -oriented cable pro- gram for the purpose of keeping the community informed, City Cable Program with the hope of receiving citizens' feedback. Political Signs Council Member Wheeler asked if staff is working on an ordinance to have candidates pay for removal of their political signs after an election. The City Manager responded that Council Members Hornbuckle and Buffa were appointed by Council to streamline election reforms. A report, which includes this subject, will be available in approximately two weeks. Directional Council Member Wheeler requested staff to look into the Signs problem of existing signs which give directions to new condominium developments. The Development Services Director responded that the matter would be investi- gated. Underground Vice Mayor Amburgey commented on the improved appear- Utilities.on ance of Fair Drive now that the utility poles have been Fair Drive removed. ADJOURNMENT The Mayor declared the me ingadjourr}ed at��J11:05. Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Costa sa