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HomeMy WebLinkAbout06/01/1987 - City Council- . 51 RB3UTAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 1, 1987 The City Council of the City of Costa Mesa, California, met in regular session June 1, 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 the Reverend Conrad Nordquist, St. John the Divine Episcopal Church. ROLL CALL Council Members Present: Hall, Amburgey, Wheeler, Hcrnbuckle, Buffa Council Members Absent: Nine Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MINUTES Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, had May 4 and 13, written comments which she wanted added to the minutes 1987 for the meting of May 4, 1987. The comments concerned the Home Ranch project (Environmental Impact Report and Planning Action PA -87-15). Mayor Hall directed Ms. Genis to submit her camments to the City Clerk for review. The minutes for May 4, 1987, will be on the Agenda for June 15, 1987. MOTION On motion by Council Member Hornbuckle, seconded by Minutes for Council Member Buffa, and carried 5-0, the minutes May 13 Approved of the special meting of May 13, 1987, were approved as distributed. ORDIlMNCES A notion was made by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, to read all ordinances by title only. ORAL James Bieber, 9711 Villa Pacific Drive, Huntington COMMUNICATIONS Beach, reported that he attended a rally at the University of California, Irvine, earlier in the day, Complaint about and one of the anti -war speakers was Council Member Council Member Wheeler. Mr. Bieber stated that when he and his brother Wheeler commented that Mr. Borpane had worked for the Cuban government, Council Member Wheeler said, "shut up, you slime ball", and that when he attempted to show a sub- committee report to Council Member Wheeler, he said, "that's HUAC crap, get it out of my face". Mr. Bieber also stated that Council Member Wheeler used profanity. Mr. Bieber demanded an apology from Council Member Wheeler. Council Member Wheeler cammented that he had attended the rally as an individual, not as a representative of the City. He added that Mr. Bieber arra his group had been screaming at speakers during the rally in an attempt to abridge the First Amendment rights of those present. Council Member Wheeler thought that Mr. Bieber should apologize to those present at the rally. Costa Mesa Mobile Mildred Kniss, 327 West Wilson Street, resident of Estates Costa Mesa Mobile Estates, complained about dust from construction activity at the site. She also lodged a complaint about the gas being turned off without the tenants being notified. Soffer Camments Glen Greener, representing the owner of the mobile home park, reported that after the contractor accidently cut a gas line last week, the line was repaired as soon as possible and the repair work was approved by Southern California Gas Campany. While the repairs were being made, residents were advised of the gas outage. Heidi De Young, also a resident of the park, lodged a complaint against the owners of the park (the Doughers), citing certain regulations which she felt were too stringent. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that he still has not been told whether Sterling and Palace Avenues were streets or alleys. Mr. Soffer requested a change in procedure whereby the public could rebut canments made by the Council after a public hearing has been closed. CONSENT CALENIAR On motion by Council Member Buffa, seconded by Council Member Wheeler, all 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 Buffa, seconded by Council Member Wheeler, and carried 5-0, the following Reacting Folder items were received and processed: Claims Claims received by the City Clerk: Attorney Stephen Colby on behalf of Wannes Loy Abajian, aka John Abajian; Carol Carter/Gerald Heumann; Attorney Mary Stearns on behalf of Leonid Korenberg; Danielle Minto; Richard Murphy on behalf of Francis Murphy, a minor; arra Brenda Lee Rogers. SET FOR PUBLIC On motion by Council Member Buffa, seconded by Council HEARING Member Wheeler, and carried 5-0, distribution of Federal Revenue Sharing Funds was set for public hearing on Federal Revenue June 15, 1987, at 6:30 p.m., in the Council Chambers of Sharing Funds City Hall. REJECTED CLAIMS On motion by Council Member Buffa, seconded by Council Member Wheeler, arra carried 5-0, the claim frau Attorney Finni Philip Putnam, for David A. Finni, was rejected. Godbe On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the claim from Attorney Gorge Rudolph, for Deborah L. Godbe, was rejected. Izbinski On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the claim fram Attorney John Rapillo, for Michael A. Izbinski, was rejected. Lazar On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the claim frau Jonathan Lazar was rejected. Lang On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the claim fran Michael D. Long was rejected. McBreen/Southern On motion by Council Member Buffa, seconded by Council Marine and Member Wheeler, and carried 5-0, the claim fran McBreen Aviation and Associates/Southern Marine and Aviation Under- writers, Incorporated, was rejected. [1 0 Stitt Young CLAIM ACCEPTED Cole ADMINISTRATIVE ACTIONS Bid Item No. 749-A Re -roof City Buildings MOTION Awarded to Confini Roofing Bid Item No. 768 Computer Terminals MOTION Awarded to Century Conputer Change Order No. 1 Signal Construction Traffic Signals at Harbor/Gisler MOTION Change Order Approved Agreement with Fairgrounds for Bicycle Trail MOTION Staff Authorized to Negotiate Agreement Conference Advance MOTION Advance Approved On motion by Council Member Wheeler, arra Stitt was rejected. Member Buffa, seconded by Council carried 5-0, the claim from Karen On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the claim from James V. Young was rejected. On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, Application for Leave to Present a Late Claim from Kathryn A. Cole was granted, and her claim was accepted. Bids received for Bid Item No. 749, Revision "A", Re -roof City Buildings, are on file in the Clerk's office. On motion by Council Member Buffa, seconded by Council Member Wheeler, the contract was awarded to Conf ini Roofing Service, Incorporated, 1140 North Lemon Avenue, Suite "P", Orange, for $15,875.00. 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 One bid received for Bid Item 768, 15 Used Lear Siegler ADM42 Terninals, is on file in the Clerk's office. On motion by Council Member Buffa, seconded by Council Member Wheeler, the contract was awarded to Century Computer Brokers, 5741 Buckingham Parkway, Building "A", Culver City, for.$5,565.00. 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 The Director of Public Services recommended approval of Change Order No. 1 for $2,898.93, to the contract with Signal Construction Company, 2720 East Regal Park Drive, Anaheim, in connection with Modification of Traffic Signals on Harbor Boulevard at Gisler Avenue. 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: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Director of Public Services requested authorization to negotiate an agreement to reimburse the Fairgrounds, 88 Fair Drive, Costa Mesa, for construction of a bicycle trail system along the east and south perimeters of the Fairgrounds property in conjunction with the roadway construction now underway. Approximate cost of the bicycle trail will be $60,000.00, and will be fully funded by special SB 821 Bikeway Funds which the City receives annually from the State. On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, staff was authorized to negotiate said agreerrent . On motion by Council Member Buffa, seconded by Council Member Wheeler, a Conference Advance for $541.00, for a police officer to attend a Conflict Management Course in Monterey, June 22 and 23, 1987, was approved by the following roll call vote: 53 AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Bornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented for second reading and adoption, Ordinance 87-10, changing the zoning of certain prop - R -87-05 erties on Princeton Drive from R1 to Cl in connection Nabors with Rezone Petition R-87-05, Richard Nabors. MOTION On motion by Council Member Flornbuckle, seconded by Ordinance 87-10 Council Member Wheeler, Ordinance 87-10, being AN Adopted OIDINANCE CF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF 464 PRINCETON DRIVE AND THE REAR 18 FEET OF 454 AND 458 PRINCETON DRIVE FROM Rl TO Cl, vas given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey., Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None Brandishing The Clerk presented for second reading and adoption, Replicas of Ordinance 87-11, regarding brandishing replicas of Firearms firearms. MOTION On motion by Council Member Buffa, seconded by Vice Ordinance 87-11 Mayor Amburgey, Ordinance 87-11, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERSIING BRANDISHING REPLICAS OF FIREARMS, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None List of Positions The Clerk presented Ordinance 87-12, revising the list Covered by Conflict of positions covered by the City's Conflict of Interest of Interest Code Code. In a memorandum dated June 1, 1987, the Development Services Director reported that the Assistant Develop- ment Services Director/Planning was erroneously omitted from the list. Mayor Hall recommended adding the aforementioned posi- tion to the list of positions, and once more giving first reading to the ordinance so that the change can be incorporated. MOTION On motion by Council Member Hornbuckle, seconded by Ordinance 87-12 Council Member Buffa, Ordinance 87-12, being AN ORDI- Given First NANCE CF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Reading CALIFORNIA, REVISING THE LISTING OF POSITIONS COVERED BY THE CONFLICT OF INTEREST (DDE OF THE CITY OF COSTA MESA, including the position recommended by the Develop- ment Services Director, vas given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL ME24BERS: None ABSENT: COUNCIL MEMBERS: None Literacy Center The Clerk presented a proposal for establishment of a Literacy Center. Council Member Buffa recommended continuing this item for 30 days. Council Manber Hornbuckle asked if Council Member Buffa could obtain additional information on the Adult Learn- ing Center at Davis Middle School before this item comes back to the Council. Council Member Buffa replied that he would do so. MOTION On motion by Council Member Buffa, seconded by Council Held Over to Member Wheeler, and carried 5-0, this item was continued July 6, 1987 to the meeting of July 6, 1987. AYSO Request for. The Clerk presented a request frcan the American Youth Funds Soccer Organization.(AYSO) for assistance arra guidance in forming an all-star soccer team to represent Costa Mesa in international tournaments. The City Manager announced that this request had been discussed at the Council Study Session of May 11, and that an AYSO representative was in attendance to make a presentation. Mayor Hall reported that a private donation will be solicited to finance the trip to Seattle to the Sister Cities Conference for an AYSO representative. Jeff Elsten, 3206 Nebraska Place, Costa Mesa, Co- chairman, American Youth Friendship Tour, Russia '88, referred to his letter of January 20, 1987, which out- lined the goals of the organization. Mr. Elsten stated that the organization has abandoned the trip to Japan; that they are interested in identifying a Russian sister city to Costa Mesa; and that their financial goal has been reduced to $50,000.00 because of the cancellation of the trip to Japan. Mr. Elsten requested a grant of $10,000.00 fram the City for the project. In response to Council Member Wheeler's question concerning expenditure of funds, Jeff Elsten referred to the budget submitted to the Council at the May 11 Study Session. Mr. Elsten also reported that to date, they have raised $2,500.00 for the tour. Council Members Hall, Amburgey, Buffa, and Hornbuckle, agreed that the project is an important one; however, the amount of money being requested is extremely high when compared to other requests/donations with which the Council has been involved. Council Members Buffa and Hornbuckle mentioned the homeless and needy in the camunity who require support from the City. Council Member Wheeler commented that the citizens will garner broad benefits from the AYSO tour, and unless the the people of the United States and the Soviet Union exchange cultures and ideas, we are headed for a nuclear disaster. Jeff Elsten suggested that instead of a lump sum being granted, the City consider a matching -fund situation." Motion Made to A motion was made by Vice Mayor Amburgey, seconded by Ibnate $2,000.00 Mayor Hall, to donate $2,000.00 to AYSO for the trip to Russia. SUBSTI'IUTE MOTION Council Member Wheeler made a substitute motion to $2,500.00 Crant authorize an immediate grant of $2,500.00 to AYSO, Authorized; and authorizing an additional grant of $2,500.00 upon Matching Funds proof that AYSO has raised matching funds after this Authorized date. The motion was seconded by Council Member Buffa, and carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Toheeler, Hornbuckle, Buff a NOES: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: None Wimbledon Way The Clerk presented a report by staff on the Wimbledon Closure Way closure. A letter was received frau David L. Robinson, Property Administrator, Villageway Management, Incorporated, Post Office Box 4708, Irvine, expressing strong support for creation of a cul-de-sac where Wimbledon Way presently intersections with Sunflower Avenue. A letter was received frau Malcolm C. Ross, Director of Planning and Design, C. J. Segerstran and Sons, 3315 Fairview Road, Costa Mesa, supporting the Wimbledon Way closure. A letter was received fran Ed Chalberg, 3441 Santa Clara Circle, Mesa Woods Tract, along with a petition contain- ing 172 signatures of residents of Wimbledon, Mesa Woods, Summerfield, and Award Homes, opposing the proposed closure of Wimbledon Way. A letter dated May 28, 1987, was received' fran the Board of Directors, Wimbledon Village Association, requesting that this item be continued to June 15, 1987. Bruce Garlich, 3401 Wimbledon Way, member of the Board of Directors, Wimbledon Village Association, reported that the board members decided that they would like to have the closure discussed tonight instead of continuing it to June 15 as requested in their letter dated May 28. During discussion, Council Members Hornbuckle and Wheeler expressed their concern that many citizens who were under the impression that this item would be con- tinued as stated on the Agenda, may not be present this evening. In view of this, they suggested that the Wimbledon Way closure be continued. Scott Williams, 3465 Santa Clara Circle, reported that he met with the Wimbledon Way Homeowners Association last Saturday to voice the concerns of the Mesa Woods residents. He was.told at that time that the Wimbledon Way Board requested a continuance; therefore, people from the adjacent cc munities are not present. Mike Hylton, 3498 Queens Court, member of the Wimbledon Way Homeowners Association, stated that a four-page document was prepared but was not distributed to the Wimbledon Village residents because of the request to continue the item. Michael Nutter, 3469 Plumeria Place, Costa Mesa, mentioned that there are no reports for the public's information, assuming that it was because the item was recamirended for continuance. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that the Agenda statement, "Continue to June 15, 1987" is merely a recommendation, and it is his understand- ing that Council could proceed with the hearing. MOTION A notion was made by Council Member Hornbuckle, seconded Held Over to by Vice Mayor Amburgey, and carried 5-0, to continue the June 15, 1987 Wimbledon Way closure to June 15, 1987. Further discussion ensued concerning the means of noti- fying affected residents of the June 15 hearing date. Mayor Hall commented that the Wimbledon Board of Direc- tors should notify their members as well as other home- owner associations. Council Members Hornbuckle and Amburgey suggested having those citizens present this evening notify other residents. Council Member Wheeler recanm nded posting notices on the bulletin boards of the affected tracts. The City Manager canmented that the news media could be contacted requesting them to publish the information. Steve Willems, 3456 Wimbledon Way, stated that if the City would provide a summary of the Wimbledon Way alternatives, he would assist in circulating it to the residents. Council Member Hornbuckle recanmended that the Public Services Director's two-page memrandum dated May 26, 1987, be made available for distribution. I-405 Freeway The Clerk presented a report from the Public Services Director dated May 26, 1987, concerning accelerated 1-405 Freeway improvements. Two projects within the I-405 Access Study recommended for acceleration are the South Coast/Hyland I-450 on- ramp and the South Coast/Arnel I-405 off -ramp. Responding to questions frau Council Member Wheeler, the Public Services Director reported that two devel- opers have indicated their willingness to proceed with design of the two projects. Staff proposes to include in the reimbursement agreement, a. stipulation that the developers'will be given credit against any future assessments imposed by an assessment district for trans- portation improvements. Council Member Hornbuckle was concerned about the design work being completed, and then having CALTRANS (Cali- fornia Transportation Department) rejecting the design. The City Manager replied that the intent is to draw up the reimbursement agreement allowing the developers to proceed with the design work. This is in advance of the Environmental Impact Statement for the entire I-405 improvements as well as approval by CALTRANS/FHWA (Federal Highway Administration). The reimbursement agreement will stipulate that should the work be unacceptable, no credit wi11 be allowed against future assessments since,there is no certainty at this time that an assessment district will be created. Also, there would be no liability on the City's part to fund designs for projects which were not concluded. Council Member Buffa was in favor of moving forward with the two projects because of the immediate need for improvements at these locations. Council Member Wheeler asked if the City has developed a chart listing the priority areas within the I-405 Access Study. The Public Services Director responded that priorities have not been completed; however, he believed the subject projects would rank fairly high on the list. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, referred to a meting he had attended some time ago at Bear Street School. Discussion was held concerning a San Leandro/I-405 off -ramp, and at that time Mayor Hall stated that he would look into the matter because traffic would be exiting into a residential area. Mayor Hall and the Public Services Director responded that the original exhibit was incorrect and that there will not be an off -ramp at San Leandro Lane. Dave Ball, Arnel Development Canpany, 950 South Coast Drive, Costa Mesa, reported that he had called the Public Services Director's office last week to tell him that the alignment was incorrect. He mentioned that a few years ago, vhen Arnel's General Plan change was approved, Arnel made a dedication for a freeway off -ramp, and the legal description is on file in the office of the Public Services Director. Council Member Wheeler cam-ented on the I-405 Access Study. When the I-405 Access Study was originally proposed by the City, the idea was to identify improve- ments which would have to be made to accommodate future developments in North Costa Mesa. Staff found that if every square foot in North Costa Mesa were developed, $90 million in traffic improvements would be required. Originally, the intent was to take care of a problem that existed, and an assessment district permits the City to assess people who are already in the area. Council Member Wheeler stated that there is a misconcep- tion that traffic improvements will not be made unless all developments are approved. He believed it was premature to support design of the subject projects before the I-405 Access Study is completed and before there is an opportunity for the City to list its priori- ties. Council Member Wheeler believed there are some faulty assumptions, for example, the two projects proposed for immediate design will primarily service the Segerstrem Home Ranch and Arnel projects. Also, the City has been advised that Costa Mesa Residents for Responsible Growth intend to commence an action, setting aside the decision of the Council approving Home Ranch, and the outcome of the lawsuit must be known first. Finally, regarding the other project, there may be faulty assumptions as to what will be built there since it is no secret that there are initiatives at the County level which will severely restrain intense commercial development, nor is it a secret that there may be initi- atives at the local level to accomplish the same end. Responding to Council Member Hornbuckle's questions concerning the possibility that CALTRANS may not approve the South Coast/Arnel off -ramp, the Public Services Director reported that there was a concern expressed by staff that the proposed ramp will be considered an isolated, or stand-alone ramp. The Federal Highway Administration (FHWA) generally prefers a project where there are both on- and off -ramps. The City staff, consultant's staff, and some at CALTRANS intend to show in their presentation that this particular ramp is being discussed in conjunction with interchange improvements on Bristol Street, and that this ramp will alleviate traffic at the Bristol Street interchange. The Director reported that the South Coast/Arnel ramp will also alleviate traffic at the Fairview Road ramps. Respond- ing to Council Member Hornbuckle's last question, the Director stated that the South Coast/Hyland ramp would alleviate traffic at the Harbor interchange. Council Member Hornbuckle was of the opinion that the subject projects would alleviate existing traffic prob- lems regardless of whether or not development continues. The City Manager mentioned that the reimbursement agree- ment will be brought back to Council for review. Request for Funds The Clerk presented a letter fram Sandra K. Straub, frau Estancia PISA President, Estancia High School, requesting a High School grant of $2,000.00 to defray costs for the all night graduation party to be held June 18, 1987. Sandra Straub, 1708 Minorca Place, Costa Mesa, was present to answer questions, stating that she would be mcst happy if the Council were to approve the request. Council Member Wheeler asked that she identify any students who are not financially able to participate in grad night, and to help them in an anonymous manner. Ms. Straub agreed to do so. Vice Mayor Amburgey reiterated comments he made at the time Costa Mesa High School presented a similar request, that is, that the schools should not assume that these funds will be available in future years. MOTION On motion by Council Member Buffa, seconded by Council Funds Authorized Member Hornbuckle, a grant of $2,000.00 was authorized for Estancia High School's grad night party. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Ibrnbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None WARRANTS On motion by Council Member Wheeler, seconded by Council Member Buffa, Warrant Resolution 1359, including Payroll MOTION 8710, and Warrant Resolution 1360 were approved by the Warrants 1359 and following roll call vote: 1360 Approved ASS: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:15 p.m., and the met- ing reconvened at 8:30 p.m. CITY ATTORNEY Mayor Hall presented a report concerning settlement of REPORTS the Biezunski lawsuit as outlined in the confidential memorandum dated May 27, 1987. The Mayor announced that Biezunski Lawsuit since one Council Member has requested a closed session Referred to to discuss this matter, a closed session will be held Closed Session at the end of regular business. Council Member Buffa reiterated that he believes the two projects are very high priorities for the City, and he was not concerned with the priorities of either Home Ranch or Arnel. He commented that the present traffic situation is uhacceptable and this was an excellent opportunity for the City to assist in expediting these improvements. MOTION In reference to the I-405 Freeway improvements described Staff Authorized in the me orandum dated May 26, 1987, Council Member to Enter into Buffa made a motion authorizing staff to enter into Negotiations for negotiations for a reimbursement agreement for design Reimbursement of the South Coast/Hyland I-405 on-ramp and the South Agreement Coast/Arnel I-405 off -ramp. The motion was seconded by Vice Mayor Amburgey, and carried 4-1, Council Member Wheeler voting no. Request for Funds The Clerk presented a letter fram Sandra K. Straub, frau Estancia PISA President, Estancia High School, requesting a High School grant of $2,000.00 to defray costs for the all night graduation party to be held June 18, 1987. Sandra Straub, 1708 Minorca Place, Costa Mesa, was present to answer questions, stating that she would be mcst happy if the Council were to approve the request. Council Member Wheeler asked that she identify any students who are not financially able to participate in grad night, and to help them in an anonymous manner. Ms. Straub agreed to do so. Vice Mayor Amburgey reiterated comments he made at the time Costa Mesa High School presented a similar request, that is, that the schools should not assume that these funds will be available in future years. MOTION On motion by Council Member Buffa, seconded by Council Funds Authorized Member Hornbuckle, a grant of $2,000.00 was authorized for Estancia High School's grad night party. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Ibrnbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None WARRANTS On motion by Council Member Wheeler, seconded by Council Member Buffa, Warrant Resolution 1359, including Payroll MOTION 8710, and Warrant Resolution 1360 were approved by the Warrants 1359 and following roll call vote: 1360 Approved ASS: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:15 p.m., and the met- ing reconvened at 8:30 p.m. CITY ATTORNEY Mayor Hall presented a report concerning settlement of REPORTS the Biezunski lawsuit as outlined in the confidential memorandum dated May 27, 1987. The Mayor announced that Biezunski Lawsuit since one Council Member has requested a closed session Referred to to discuss this matter, a closed session will be held Closed Session at the end of regular business. F0701 : �W" The City Attorney reported that the closed session is authorized under Government Code Section 54957(a)(2) dealing with pending litigation. Pacific The City Attorney reported that he wished to discuss an Amphitheatre item which is not on the Agenda concerning the lawsuit Lawsuit filed by Concerned Citizens of Costa Mesa v. 32nd District Agricultural Association and Ned West (opera- tors of the Pacific Amphitheatre) . The Orange County Superior Court issued a Preliminary Injunction that generally requires the concerts at the Amphitheatre to comply with the noise standards in the City's settlement agreement with the Fair Board. The City Attorney referred to the Special Council Meet- ing eet,ing held earlier in the day when Council authorized the ;Mayor to support the Concerned Citizens with a bond '-for $20,000.00. At 5:00 p.m. this evening, the City Attorney was informed that the bonding company who was to issim the bond had decided not to do so. In view of this information, the City Attorney asked that this matter be discussed this evening, and that the Mayor be authorized to sign a new bond with a different bonding company. The City Attorney suggested that Council make a deter- mination that since this matter was not on the Agenda, it is appropriate to take action tonight. It requires a decision by the Council that the need to take action arose after the posting of the Agenda last Thursday. Because the bond was cancelled sometime today, the City Attorney was of the opinion that this was sufficient grounds to act upon the matter, arra requested a motion to that effect. MOTION A notion was made by Council Member Hornbuckle, seconded Action by Council Member Wheeler, and carried 5-0, determining Authorized that because the subject bond was cancelled sometime today, and the need to take action arose after posting of the Agenda last Thursday, it was appropriate to take action at this time. MOTION A nation was made by Council Member Buf fa, seconded by Mayor Authorized Council Member Wheeler, authorizing the Mayor to sign a to Sign Bond bond on behalf of the City, as an indemnitor, such bond to be in the amount of $20,000.00 and obtained by the Concerned Citizens of Costa Mesa as required by the Court's Preliminary Injunction. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Ibrnbuckle, Buffa NOES: COUNCIL MEMBERS: Nene ABSENT: COUNCIL MEMBERS: None CITY MANAGER REPORTS The City Manager presented the Three-year Performance Review of the Cable System. Three-year Cable Performance Review On March 5, 1984, the City of Costa Mesa and Copley/ Colony Cablevision of Costa Mesa, Incorporated, signed a 15 -year cable Franchise Agreonent. Included in that agreement was a stipulation that a Performance Review of the system be jointly conducted by Copley/Colony and the City every three years. March 5th of this year marked the third anniversary of the Francise Agreement, and the subject docunent is the first Three-year Performance Review. The City Manager stated that the document is exception- ally thorough and above industry standards. He recommended that Council accept and approve the final i Three-year Performance Review (including modifications recommended by Council), and reported that the document will be available for public review. Vice Mayor Amburgey asked about wiring for the Police Station and the Communications Center. The City Manager referred to Pages 8 and 9 of the Performance Review and stated that staff will follow-up on these installations. Council Member Wheeler asked when the Council Chambers will be ready for televising meetings. The City Manager replied that Copley/Colony is expected to award the contract shortly, and construction time will be approximately 60 days. In answer to another question from Council Member Wheeler, the City Manager reported that installation of cable in the Chambers will be paid fron Franchise funds. Responding to Mayor Hall's inquiry, the City Manager reported that the system has been modified to allow for future expansion and upgrading. Council Member Hbrnbuckle mentioned that the City no longer has authorityto regulate rates per the Cable Act of 1984. Council Member Buffa commented that although the marri- age with Copley/Colony has not been ideal, it has been virtually ideal compared to other city franchises. Council Member Wheeler stated that -although the City cannot regulate rates, it does have the ability to allow conpeting franchises to cane into the area. MOTION On motion by Vice Mayor Amburgey, seconded by Council Performance Member Buffa, and carried 5-0, the Three-year Perform - Review Accepted ance Review of the Cable Television System was accepted and Approved and approved. 1987-88 City The City Manager presented the proposed city budget for Budget fiscal year 1987-88. He announced that the document will be available in the City Clerk's office the next day. It will also be available at the local libraries. The total proposed appropriation for operations and capital improvements is $56,655,360.00. The appropria- tion for operations is $44,865,145.00, and the capital improvement appropriation is $11,790,215.00. In the Protection of Persons and Property Category, the City Manager proposed a Civilian Report Taking Program which reflects the addition of six Police Aide positions. This program would relieve police officers from clerical duties to perform. patrol activities. Also in the Protection of Persons and Property Category, the City Manager recommended nine additional fire posi- tions with a hiring schedule of April, 1988. These nine positions will canprise a second ergine company for the Civic Center Fire Station which is scheduled to be in operation in March, 1988. The first engine company of nine fire positions was approved in the 1986-87 budget. In the Canmunity Health and Environment Section, the . City Manager recommended increasing the Parkway Recon- struction Program from $350,000.00 to $1,200.000.00. This program will provide for tree removals, sidewalk, curb, and gutter repair, as well as required street repairs to eliminate damage and hazardous locations. Also included is the second phase of the parkway renovation of Mesa Verde Drive Loop, including street recons truct ion. In the Transportation Section, the City Manager proposes an appropriation of $2,020,000.00 for the Street Mainte- nance Program. An appropriation of $2,300,000.00 is proposed for capital improvement projects at I-405 and Fairview Road. No general revenues are proposed for these projects since $1,700,000.00 will come from the Federal Aid Urban Program, and the remaining will be obtained from Developer Trip Charges. In the Leisure Time Services Category, an appropriation of $200,000.00 has been included for limited improve- ments at the Fairview Park site. The City Manager is also proposing a new Playground Program to offer after- school activities for "latch key" children at four elenentary school sites. Included within the Senior Citizens Program is a substantial appropriation for the City's contribution to the newly formed Costa Mesa Senior Citizens Corporation. Under General Governrrent, the City Manager pointed out that the City's liability insurance coverage terminated June 30, 1986. The budget includes an appropriation to obtain coverage for the 1987-88 fiscal year. In order to respond to the liability problem, an appropriation has been recommended to obtain consulting risk manage- irent services which will assist in reducing the City's liability exposure. Also in the General Government Section, the City Manager recommended one additional clerical position in the Personnel office because of the drastic increase in clerical requirements. Total current revenues are estimated at $52,657,060.00 with cash resources of $4,428,500.00, for total resources of $57,085,560.00. The sales tax source, composed of retail sales and transient occupancy taxes, represents the largest resource category at 41 percent. The general property tax estimate represents 13.2 per- cent of total resources. Revenue from other agencies is estimated at $8,426,000.00 which reflects a 49.3 percent increase. The City Manager canmented that an important issue which must be considered is Proposition 4, the appropriations limit initiative. The City exceeded the appropriation limit in fiscal year 1985-86 and it is expected that the City will again exceed the limit in fiscal year 1986-87. Any revenues defined as "proceeds of taxes" will require specific Council action. In conclusion of his summary, the City Manager commented that based upon present established policy, the budget provides for maintaining a 25 percent reserve of the operating budget. He suggested that in view of other community needs, the Council may wish to re-evaluate this policy during the coning fiscal year. 1987-88 Budget The City Manager complirrented staff for. their work on Referred to June 4 the proposed budget. He also mentioned that the Council Study Session and will be discussing the 1987-88 preliminary budget at a June 15 Council Study Session scheduled for June 4, 1987, at 12:00 p.m., Meeting in the fifth floor Conference Room of City Hall. In addition, the budget will be presented at the Council meeting of June 15, 1987, for public discussion. PUBLIC. HEARING The Clerk announced that this was the time and place R-87-07 set for the public hearing to consider Rezone Petition Sieminski/Robert/ R-87-07, E. Richard Siaminski, c/o Sage Development Madurowicz/Malis Corporation, 8055 West Manchester Avenue, Playa del Rey, authorized agent for Elisabeth Robert, 10444 Brooktree Terrace, San Diego, Bodgan Madurowicz, 216 Second Street, Encinitas, and Dorothy Malis, 613 Plumer Street, Costa Mesa, to rezone four contiguous lots at 1981 and 1985 Pomona Avenue and at 1980 Sterling Avenue, from R2 to R3. Envirormental Determination: Negative Dec larat ion . The Affidavit of Publ icat ion is on file in the Clerk's office. No cammunications have been received. The Development Services Director summarized the Staff Report. The General Plan designation for the properties is High Density Residential. The requested rezone to R3 is consistent with both the High Density Residential General Plan and Specific Plan designations. The Staff Report indicates that the proposed zoning, with a 25 percent density bonus, would permit 23 units. Richard Sieminski reported that he is in the process of canbining the lots. There being no other speakers, the Mayor closed the public hearing. Council Member Buffa relunctantly supported the rezone but mentioned that he does not like either density bonuses or round -up calculations. Council Member Wheeler preferred the property remaining R2 which would permit 16 units. Referring to the Staff Report, he noted that the properties to the north, east, and west are zoned R2. Council Member Hornbuckle also apposed R3 zoning stating that this area is already overcrowded. MOTION A motion was made by Vice Mayor Amburgey, seconded by Ordinance 87-13 Mayor Hall, adopting the Negative Declaration of Given First Environmental Impact, and giving first reading to Reading Ordinance 87-13, beim PN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZON- ING OF PROPERTIES AT 1981 AND 1985 POMONA AVENUE AND AT 1980 STERLING AVENUE FROM R2 TO R3, stipulating that second reading and adoption of the ordinance will be held until the lots are legally combined. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler, Hornbuckle ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Appeal of PA -87-52 for the public hearing to consider an appeal of the 10- Berger/Jennings foot setback requirement in connection with the Planning Commission's approval of Planning Action PA -87-52 from Gershon Berger, American International Leasing, 2138 Newport Boulevard, Costa Mesa, authorized agent for James S. Jennings, for a Conditional Use Permit for an auto leasing business in an existing commercial build- ing, with a Conditional Use Permit and a variance frcm. front setback requirements, to allow outdoor display of vehicles in front of the building, located at the above address in a C2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director reviewed his mermran- dum dated May 27, 1987. The Planning Commission approved a Conditional Use Permit for auto leasing sub- ject to modifications and conditions, deleting Condition of Approval No. 2, and Code Provision Nos. 2 and 3. The business owner appealed the decision based on conditions which were deleted by the Planning Commission because the cutdoor display was denied. The Planning Commission denied the outdoor display since a similar request for an adjacent property was previously denied. Had the Planning Commission approved the outdoor display, staff recanmended installation of a 10 -foot deep planter to ensure that cars would be set back at least 10 feet from the front property line. The 10 -foot setback is consistent with the setbacks approved for other auto dealerships that have expanded or remodeled. The applicant was not present. Frank Russ, 2140 Newport Boulevard, owner of the busi- ness adjacent to the subject site, reported that it is extremely dangerous to enter or exit his driveway when vehicles are parked at the front of applicant's prop- erty. He commented that it is also very dangerous for children using the sidewalk. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that certain areas should be designated for certain uses, arra he could not understand the necessity for a Condi- tional Use Permit for an auto leasing business. Council Member Wheeler agreed with Mr. Soffer's comment and mentioned that the City is reviewing permitted uses in various zones. There being no other speakers, the Mayor closed the public hearing. MOTION A imtion was made by Council Member Buffa, seconded by Auto Leasing Vice Mayor Amburgey, approving the auto leasing business Approved; Display in connection with Planning Action PA -87-52, denying the of Vehicles Denied; request to display automobiles, reinstating Condition of Reinstate Previous Approval No. 2 and Code Provision Nos. 2 and 3 relating Deletions by to the requirement for a 10 -foot landscaped setback. Commission The motion carried 5-0. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -87-69 set for the public hearing to consider an appeal of the Badieozzaman/Mekis/- Planning Commission's denial of Planning Action PA -87-69 Italiano from Amir Badieozzaman, A & A Car Rental and Sales, Incorporated (Cheap Wheels), 222 West Wilson Street, Costa Mesa, authorized agent for Jayme Mekis and Frank Italiano, for a Conditional Use Permit for rental and sales of cars with storage of cars within an existing greenhouse, located at the above address in a C1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A letter was received from Norma Hertzog, 2252 Heritage Drive, Costa Mesa, opposing the requested use. The Development Services Director reviewed his menoran- dum dated May 27, 1987. The Planning Commission denied this application on May 11, 1987, and directed the business owner to discontinue business and the applicant J to remove the greenhouse within 120 days. The Planning Commission also recamnended that the existing greenhouse be removed because a greenhouse removal agreement signed by the property owner requires removal of the greenhouse when it becames unsightly, and the greenhouse is no longer being used to stare plants per the original intent and approval. The business owner states that he was canpensated for relocation of his business when his former property on West 19th Street was acquired by the Redevelopment Agency. The business owner agreed not to be relocated by the Agency, preferring to receive canpensation for relocat ion . Although a business license was issued to the business owner, Amir Badieozzaman, for his West 19th Street location, it was erronecusly transferred to the new address on Wilson Street by the Finance Department without first consulting with the Planning Division. Council Member Theeler referred to Section III -B of the Staff Report which states that since the business relocated here, there have been no complaints regard- ing the use. Amir Badieozzaman reported that the City was aware of his new location on Wilson Street and issued a business license for that site. He mentioned that the greenhouse has been cleaned up and he intends to store only a few vehicles in that structure. He explained that sales of cars are usually to people who have rented them; there are usually no cars stored on the lot because of his reasonable rental rates; and most rentals are on a month-to-month basis. He further reported that the post office rents vehicles from him on an emergency basis. Council Member Hornbuckle asked if there would be enough parking if the greenhouse were removed. Mr. Badieozzaman replied that the greenhouse has nothing to do with his business, and whether or not the structure is removed is of no importance to him. He did mention that the green- house would be convenient for storage when it rains. Jayme Mekis, co-owner of the property with Frank Italiano, asserted that the greenhouse is structurally sound, two-hour fire walls were constructed, and she and Mr. Italiano are in the process of upgrading the structure. Ms. Mekis reported that they too were forced to move, and it was difficult finding a location which was affordable and suitable for their business. She mentioned the expenses incurred by the move, such as dedication to the City, and installation of sidewalk, curbs, gutters, and driveway. Ms. Mekis stated that being able to store cars in.the greenhouse will keep the cars clean; however, if storage is not allowed, she will convert the structure back to a nursery. Frank Italiano, co-owner of the property, stated that they have dedicated land and spent a great deal of money to upgrade the parcel. He was of the opinion that the City should not tell them what may be stored in the structure and reported that he is now storing art work. Council Member Meeler replied to the statement by Mr. Italiano on the City's right to determine what may or may not be stored, stating that sone storage may be hazardous. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the main issue was being overshadowed by the greenhouse issue. His opinion was that since Mr. Badieozzaman does not care whether or not the greenhouse remains, the City did issue a business license, and no complaints have been received, the Conditional Use Permit should be approved. There being no other speakers, the Mayor closed the public hearing. Vice Mayor Amburgey had no objection to the car leasing business; however, he did believe that the greenhouse should be removed because it is unsightly, and because the property owners have not lived up to the agreement with the City. MOTION A nDt ion was made by Vice Mayor Amburgey, seconded by Approved Car Mayor Hall, approving a Conditional Use Permit to allow Rental and Sales car rental and sales at 222 West Wilson Street, subject to Conditions of Approval Nos. 2 and 3, and Ordinance Provi s ions Nos. 1 and 2. Amir Badieozzaman agreed to the conditions and provi- sions, reporting that Code Provision No. 1, concerning legalization of signs, has already been accomplished. Council Member Buffa opposed the motion because he did not approve of a car leasing business being located at this site. AMENDED MOTION Council Member Hornbuckle asked if findings were needed. Added Findings Mayor Hall and Council Member 1*1eeler recommended three findings: (1) Per staff's analysis, no complaints have been received in the past year regarding the use; (2) There is no reasonable probability of an adverse impact on surrounding properties; and (3) Evidence presented satisfies the conditions set forth in Costa Mesa Municipal Code Section 13-346. Vice Mayor Amburgey amended the motion to include the findings. The amended motion was seconded by Mayor Hall, and carried 4-1, Council Member Buffa voting no. Motion to Remove A motion was made by Vice Mayor Amburgey, seconded by Greenhouse Failed Council Member Hornbuckle, directing that the greenhouse to Carry shall be removed in 60 days since it does not conform to the terms of the agreement of 1982 between the City and the property owners, and because the greenhouse is unsightly. Council Member Wheeler stated that prior to the green- house being removed, property owners Mekis and Italiano should be given the opportunity to present their case at a Council hearing. He was of the opinion that the structure is not abandoned and there is no indication that it is unsafe. Council Member Buffa would not support the motion since the agreement does not stipulate that if the structure is not used as a greenhouse, it is abandoned. Council Member Hornbuckle stated that the issue is not abandonment but that the structure is unsightly. She asked for an explanation of that part of the agreement which refers to the greenhouse becoming nonconforming. The Development Services Director explained that the "Greenhouse Removal Agreement" deals with Zone Exception ZE-82-136, rich approved the nursery business. Since 67._ that use has been terminated on the site, there has not been any legal use cf the greenhouse. Whether the owners stored artifacts, cars, or whatever, in essence, the greenhouse has not been used legally since the termination cE the nursery business. Fran staff's point of view, it would be determined that this is an abandon- ment of the structure. Council Member Hornbuckle asserted that since ZE-82-136 was approved for a nursery business and that use no longer exists, the structure is nonconforming, as well as unsightly, and she reported that she would vigorously uphold the motion. The motion to remove the greenhouse failed to carry 3-2, Council Members Hall, Wheeler, and Buffa voting no. Responding to Mayor Hall's inquiry, the Development Services Director reported that in view of the Council's action not to have the greenhouse removed, the property owners cannot use the structure for any other purpose except a nursery business unless permission is received. RECESS The Mayor declared a recess at 10:40 p.m., and the meet- ing reconvened at 10:45 p.m. PUBLIC HEARING The Clerk announced that this was the tins and place Appeal of PA -87-89 set for the public hearing to consider an appeal of the Miller Planning Cammission's denial of Planning Action PA -87-89 frau Robert Miller, 830 Governor Street, Costa Mesa, for a variance from side -setback requirements for an addi- tion to an existing single-family residence, located at the above address in an R1 zone. Environmental Deter- mination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No cammunications were received. The Development Services Director reviewed his memoran- dum of May 27, 1987, and the Staff Report. The existing house has a 5 -foot left side setback which is the mini- mum required. Applicant is proposing a 2 -foot left side setback for both the first and second stories. Also, the new garage is shown as 25 feet in width, 5 feet wider than minimum Code requirements. Robert Miller explained that the garage will not be 25 feet wide because the stairway is included in that dimension. Mr. Miller commented that the neighbor adjacent to him (on the side where the addition is to be made) is not opposed to the project. He also reported that he had signatures of 18 neighbors who support the application; however, the signatures were not submitted for the record. Council Member Hornbuckle referred to Page 1, Section III, Analysis E, and asked Mr. Miller if he was aware that the Building Division noted that the project may not be feasible because of Code requirements related to energy conservation, and natural light . and ventilation. Mr. Miller indicated that he asked staff about this and no one gave him an answer. In addition, he believed that this analysis did not apply to him because the nearest house is 22 feet away. Mr. Miller disagreed with the requirements of the Engineering Division, stat- ing tating it will cost him several thousand dollars in fees which he would not have to pay if he moved the garage by 3 feet. Council Member Hornbuckle pointed out that there would be a problem if his neighbor wanted to build out towards the same property line. In response to Council Member Hornbuckle's request for clarification, the Development Services Director stated that the Unifozn► Building Code for Type 5 construction (which is vhat the applicant is proposing) , stipulates that when a building is located less than 5 feet from the property line, a one-hour fire wall is required, and no windows are permitted along the entire length and height of the wall. Brief discussion followed concerning Code Provisions listed by the Engineering Division and the fees for same. Julius Vasquez, 834 Governor Street, Costa Mesa, spoke in support of the project, stating that the remodeling will improve the appearance of the neighborhood. Sid Soffer, 900 Arbor Street, Costa Mesa, was of the opinion that the applicant should be allowed to proceed with his plan. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Anburgey, seconded by PA -87-89 Council Member Hornbuckle, to uphold the Planning Denied Camnission's denial of Planning Action PA -87-89. Further discussion ensued. Council Member Buffa opposed the motion to deny because Mr. Miller has lived at this location for a long time and the neighbors are in favor of the project. Council Member Hornbuckle canmented that a variance requires findings of special circumstances and there has been no indication that special circumstances exist. In addition, the garage is wider than required by Code, and even though present neighbors have no objections to the project, future neighbors may. Council Member Wheeler noted that no site hardship has been proven; no legal grounds to approve a variance have been shown. He suggested that Mr. Miller either purchase three feet of his neighbor's property or obtain a 99 -year lease frau him. Sid Soffer asked to'speak again for clarification. He asserted that the definition of site hardship is errone- ous and he could prove it through case law. Mayor Hall suggested that Mr. Soffer present the case law to the City Attorney and Mr. Miller can file for a rehearing within seven calendar days. Responding to Council Member Hornbuckle's request for clarification, the City Attorney reported that Govern- ment Code provisions say something to the effect that the variance must be justified by findings showing that there are special circumstances relating to the size, shape, topography, and possibly to "use", that cause the property to be denied a privilege enjoyed by other similar properties in the neighborhood. If a variance is granted, a finding must indicate that the variance does not grant a privilege to that property that is not shared by other properties in the area. The motion to uphold the Planning Commission's denial of PA -87-89 carried 3-2, Council Members Hall and Buffa voting no. PUBLIC HEARING The Clerk announced that this was the time and place Landscaping set for the public hearing to consider a resolution Assessment District levying an assessment for fiscal year 1987-88 in No. 1 - Tracts 9901 Landscaping Assessnent District No. 1, Tracts 9901 and and 12011 12011, located south of Sunflower Avenue and east of Smalley Road. The Affidavit of Publ icat ion is on file in the Clerk's office, and Resolution of Intention No. 87-33, setting the public hearing, was posted as required by law. No communications have been received. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Wheeler, seconded by Council Resolution 87-41 Member Buffa, Resolution 87-41, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1987-1988 WITHIN THE CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBSR ONE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Landscaping set for the public hearing to consider a resolution Assessment District levying an assessment for fiscal year 1987-88 in No. 2 - Tract 10513 Landscaping Assessment District No. 2, Tract 10513, located west of Bear Street and north of Route 73. The Affidavit cf Publication is on file in the Clerk's office, and Resolution of Intention No. 87-34, setting the public hearing, was posted as required by law. No camnunications have been received. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Resolution 87-42 Council Member Buffa, Resolution 87-42, being A RESOLU- Adopted TION CF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FCR FISCAL YEAR 1987- 1988 WITHIN THE CITY OF COSTA MESA LANDSCAPING ASSESS- MENT DISTRICT NUMBER TVQO, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBSRS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Lbrnbuckle, Buffa None None PUBLIC HEARING The Clerk announced that this was the time and place Abandonment of a set for the public hearing to consider the abandonment Portion of Newport of a portion of Newport Boulevard at the Costa Mesa Boulevard at the Courtyards. The Affidavit of Publication is on file Courtyards in the Clerk's office, the property was posted as required by law, and affected utility conpanies were notified cf the public hearing. A canmunication was received fran Southern California Gas Company, Post Office Box 3334, Anaheim, requesting a permanent easement. The Clerk reported that a clause in the resolution provides for the easement. A canmunication was received frau Southern California Edison Company, Post Office Box 2069, Westminster, indicating that there were no objections to the abandonment. Michael Nutter, 3469 Plumeria Place, Costa Mesa, stated that it appeared that part of the footing of one of the buildings (The Courtyards) encroaches upon the area that is planned for abandonment, and it seems that this was a mistake made by the builder, although there is som indication that the City may be involved in this matter. Mr. Nutter suggested that the City charge the builder for costs incurred to process the abandonment. There being no other speakers, the Mayor closed the public hearing. Council Member Hornbuckle asked for a brief explanation from staff. The Public Services Director reported that either through construction error, design error, inspec- tion error, or survey error, a portion of the building's footing column encroached into the public right-of-way. In order to alleviate that problem, it was proposed to abandon approximately 128 square feet, retaining the appropriate pedestrian access rights. Council Member Wheeler agreed with Mr. Nutter's comments and suggested that the builder either remove the build- ing or pay the City for the property. Sid Soffer, 900 Arbor Street, Costa Mesa, asked for clarification in that he could not understand how the property could be abandoned when it is still being used. Council Member Buffa did not agree with charging,the builder for 128 square feet of land; however, he did agree with the suggestion that the builder pay for the City's cost for processing this abandonment. Vice Mayor Pmburgey commented that it will cost the City as much to determine the abandonument processing cast as the processing itself. MOTION On motion by Council Member Hornbuckle, seconded by Vice Resolution 87-43 Mayor Anburgey, Resolution 87-43, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF A PORTION CF NEWPORT BOULEVARD AT THE COSTA MESA COURTYARDS, was adopted by the follow- ing roll call wte : AYES: COUNCIL MEMBERS: Hall, Amburgey, Fbrnbuckle, Buffa NOES: COUNCIL MEMEERS: Wheeler ABSENT: COUNCIL MEMBERS: None NEW BUSINESS. The Clerk presented a report concerning the need to Cable Television appoint two members to the Cable Television Cammittee. Committee The City Manager's memorandum of May 22, 1987, states that Mary Lou MacKenzie has moved to Santa Ana and is no longer eligible to serve. Michael Lawler has resigned due to a conflict in his schedule. The Council had the option of choosing two replacements from applications already on file, or directing staff to solicit new applications. Council decided to appoint new members from the appl icat ions on file. MOTION On motion by Council Member Hornbuckle, seconded by Appointed Armenta Council Member Wheeler, arra carried 5-0, Raymundo P. and Las to the Arimenta and Shelley L. Lash were appointed to the Cable Ccmmi.ttee Cable Television Committee. COUNCILMANIC Council Mamber Wheeler announced that in conjunction COMMENTS with a few other attorneys and a group known as "Orange County Tomorrow", an initiative has been drafted that Initiative/Growth deals with growth in the County. He stated that if in Orange County any Council Member has not seen a draft of the initia- tive, he will see to it that a copy is made available. Responding to Council Member Buffa's questions, Council Member Wheeler reported that the initiative states that no building permits shall be issued until all roads from the project to the arterials, both primary and second- ary, are at LOS D at the intersections and LOS C at the links. Additionally, the initiative states that no building permits shall be issued unless it is shown that there will be no negative impacts on police, fire, schools, or parks. The initiative defines "negative impact" as maintaining the current level of service. Conferences Council Member Hornbuckle urged all Council Members to attend the Mayors and Council Members Conference in Monterey, June 22, 23, and 24, 1987. She attended last year and was very impressed with the information avail- able at the meetings. Council Member Hornbuckle also suggested that the other Council Members attempt to attend the Community Services Conference in San Diego which is scheduled for April, 1988. Chamber of Vice Mayor Amburgey commented that the City and the Commerce Chamber of Ccmmerce have been working together for a long period of time, and that the Chamber has been inviting Council Members, Planning and Traffic Camnis- sioners, canmittee members, and staff, to Chamber functions at no cost to the City. He recently learned that the City is not a member of the Chamber and recan- mended that the City join at an approximate cost of $1,090.00. He asked that this iter be placed on a future Agenda for Council consideration. ADJOURNMENT At 11:30 p.m., the Mayor adjourned the meeting to a closed session in the first floor -,Conference Room to discuss periling litigation regarding the Biezunski law- suit. No action was taken. At 11:45-p ' .-M. , the Mayor adjourned the meeting to a Study Session on June 4, 1987, 12:00 p.m., in the fifth91QQr Conference Room of City Hall, to review the 19 -88 City Budge-. t Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Costa esa