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Home My WebLink About06/15/1987 - City Council73 RD3UTAR MEETING CF THE CITY COUNCIL CITY OF ODS TA MESA JUNE 15, 1987 The City Council of the City of Costa Mesa, California, met in regular session June 15, 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 the Pledge of Allegiance to the Flag, and Invocation by the Reverend Charles D. Clark, First United Methodist Church. ROLL CALL Council Members Present: Hall, Amburgey, Wheeler, Ibrnbuckle, Buffa Council Members Absent: Ibne Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MINUTES A letter was received from Sandra Genis, 1586 Mytlewood May 4, 1987 Street, Costa Mesa, requesting comments be added to the minutes of May 4, 1987, concerning the Home Ranch Project, Environmental Impact Report 1036 and Planning Action PA -87-15. After reviewing the tape of the meeting and the comments, the City Clerk recommended acceptance of the minutes as written as they accurately reflect what took place at the meeting. Council Member Wheeler stated that he had listened to the tape of the meting, and in lieu of the request from Sandra Genis to include certain remarks in the minutes, requested approval of the minutes of May 4, 1987, with the following additions: Page 19,' seventh paragraph, after the word, "traffic", add "and questioned whether IBM field employees would be ccminrg to the office during peak hour traffic times to place their children in the day care center." Page 21, seventh paragraph, after the word, 'opinions", add "She indicated she would try to confine her remarks to a few major points due to time constraints"... Page 21, seventh paragraph, after the word, "footage", add 'on Parcel A."... Page 21, seventh paragraph, after the word, "California", add "because the General Plan does not include intensity requirements. Further, the General Plan does not meet the requirements of -Stevens vs. Glendale, a California case. Ms. Genis also maintained that the EIR was inade- quate because it did not state the reason that certain alternatives were not economically feasible and that the project submitted did not conform to Section 65302c of the Building Code." Page 22, second paragraph, after the word "received", add "Ms. Genis stated that the covering of the channel was not included in the draft EIR which was circulated to State agencies." Page 23, at end of tenth paragraph..."Mayor Hall stated that the square footage on Parcel A did not represent an overall increase for Home Ranch because the intensity of the remaining areas could be reduced in the future. For the same reason, he did not believe the project would have any growth -inducing impact on the remainder of Hane Ranch." Council Member Wheeler said this addition is slightly different than what Sandra Genis requested be placed in the minutes. Council Member Wheeler stated that other additions and deletions Sandra Genis requested be inserted in the minutes were not on the tape of the meeting. A motion was made by Council Member Wheeler, seconded by Council Member Hornbuckle, to approve the minutes of May 4, 1987, with the above additions. Council Member Buffa stated an objection that Ms. Genis is an officer in an organization called Citizens for Responsible Growth which is currently in litigation against the One South Coast Project, Segerstrom and Sons, and the City of Costa Mesa to set aside the EIR for that project and also challenging the General Plan of the City. Further, Ms. Genis' concerns about these minutes which, if approved, would then become public record are much more than semantic. If the minutes were molded at the request of a litigant in a current action against the City, bear in mind that whoever else is involved in that litigation could also request verbatim transcripts and tapes fran the City Clerk's office. Council Member Fbrnbuckle asked the City Attorney if this information were used in a lawsuit would the court use these minutes; listen to tapes of the r eeting; or, ask for a verbatim transcript. The City Attorney responded if a verbatim transcript were prepared, it would be the official evidence of what actually was said at the hearing but a decision has not been made whether a verbatim transcript of the proceedings will be prepared. If not, the minutes are the only record that exists as to what was said. Mayor Hall said if verbatim statements were inserted in the minutes they would become quite extensive and the minutes are not meant to be verbatim. If someone wants specifics they can get a transcript. He expressed concern about putting verbatim comments in the minutes unless asked for since the minutes could then become huge documents. He referred to one of Council Member Wheeler's additions as being repetitive of what was already said. Mayor Hall referred to Sandra Genis ccmmending the staff member responsible for the prepara- tion of the minutes in her letter and said if verbatim camronts were inserted, proponents of the project should also have an opportunity to amend the minutes with verbatim ccmurents. Council Member Wheeler commented that in his two and one-half years as Council Member, this was the first time the citizens have ever asked to have items included in minutes. Further, the statements were actually made at the hearing, and in the interest of having then complete, should be included in the minutes. He said if that is not the desire of Council, they will be included under the dissent portions. Council Member Hornbuckle withdrew her second to the motion on the basis that the litigants will probably use verbatim transcript or tapes of the meeting. Council Member Wheeler said under his priviledge, pursuant to the Costa Mesa Municipal Code, Section pertaining to the Minutes, if Council disapproves inclusion of these conments in the minutes, he will dissent from the decision. A ration was made by Council Member Wheeler, under his dissent, to include the previously stated additions as well as the following additional corrections to the minutes and in anticipation of no second to the motion dissented frcm the decision not to include them and requested these remarks also be included in the minutes. Page 17, second paragraph, after the words, "Costa Mesa" add "a real estate broker,"... Page 17, add to end of paragraph four, "Mr. Lawler stated that he has had business dealings with the Segerstrom's and hopes to have a business partnership with them in the future." Page 18, paragraph five, after the words, "Costa Mesa", add "a real estate investor arra broker," ... Page 18, paragraph nine, after the words, "Costa Mesa", add "former Mayor of Upland, California,"... Page 18, paragraph ten, after the words, "Costa Mesa", add "a former City Council candidate and recipient of $500.00 from the Segerstrcm's. Page 19, add to end of paragraph five, "She stated that she was a Director of the Costa Mesa Art League, which receives free gallery space from the Segerstran's." Mayor Hall requested the City Attorney respond to Council Member Wheeler's canments to dissent. The City Attorney responded that he believes there is a provision in the procedure of the Municipal Code mere a Council Member can request reasons for his dissenting to be included in the minutes. After his review of the Code, Council Member Wheeler said the Section which applies to this situation is titled Minutes which states that he has an absolute right to have them included. Further, there is another Section under Conduct of the Meeting that states he may request, through the Mayor, that his canments be included. He will make the request that his comments be included, and if not approved, will stand on his privilege to include them. The City Attorney responded this has never been used before and he will review the Sections of the.Code if so directed. MOTION On motion by Vice Mayor Amburgey, seconded by Council May 4, 1987, Member Buffa, approval of the minutes of May 4, 1987, Minutes Held Over was continued to the meeting of July 6, 1987, to give to July 6, 1987 the City Attorney time to research Sections of the Code. The motion carried 4-1, Council Member Wheeler voting no. MOTION On motion by Council Member Buffa, seconded by Council Minutes of May 18, Member Hornbuckle, and carried 5-0, the minutes of the 1987, Approved regular meeting of May 18, 1987, were approved as distributed. MOTION A notion was made by Council Member Buffa, seconded by Minutes of June 1, Council Member Wheeler, and carried 5-0, to approve the 1987, Approved minutes of the regular meeting of June 1, 1987. MOTION A motion was made by Council Member Hornbuckle, seconded Minutes of Special by Council Member Buffa, to approve minutes of the Meeting of June 1, special meeting of June 1, 1987, as distributed. The 1987, Approved motion carried 5-0. MOTION A motion was made by Council Member Hornbuckle, seconded Minutes of Adjourned by Council Member Buffa, to approve as distributed, the Meeting of June 4, minutes of the adjourned meeting of June 4, 1987. The 1987, Approved motion carried 5-0. M ORDINANCES A motion was made by Council Member Wheeler, seconded by Vice Mayor Amburgey, and carried 5-0, to read all ordinances by title only. RESOLUTION On motion by Council Member Buffa, seconded by Council Wanan cf the Member Wheeler, Resolution 87-44, being A RESOLUTION OF Year THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OJMMENDIN;z BEA AMBURGEY ON BEING CHOSEN WOMAN OF THE MOTION YEAR IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, Resolution 87-44 was adopted. The motion carried by the following roll Adopted call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RESOLUTION On motion by Council Member Buffa, seconded by Council Man of the Year Member Hornbuckle, Resolution 87-45, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- MOTION FORNIA, COMMENDING NNTE READE ON BEING CHOSEN MAN OF THE Resolution 87-45 YEAR IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, Adopted was adopted. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL ME24EERS : Ibne ABSENT: COUNCIL MEMBERS: None Mayor Hall presented the resolutions to Bea Amburgey and Nate Reade and thanked them for their services to the corununity. ORAL Jim Hatcher, 768 West 20th Street, Unit C, Costa Mesa, CCMMUNICATIONS asked about a meeting regarding the status of Palace Avenue. Mayor Hall responded that Mr. Markel is gather - Palace Avenue ing the necessary information for the meeting and will probably be notifying everyone within the next couple of weeks. Fair Drive Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about Improvements an article in the Orange County Section of the Los Angeles Times regarding improvements on Fair Drive. The Director of Public Services cam-ented the actual project went frau Fairview Road to Elden Avenue and was funded by the Southern California Edison Company's overhead line money that is allocated to the Cities from the Public Utilities Commission, no City funds were spent on that project. A $1 million cost was to underground the overhead lines that went frcn Fairview Road to Elden Avenue. The only City participation is going to be partial funding of the traffic signal which will be installed across fran the new entrance to the Fair- grounds and the City's driveway. One South Coast Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, Place requested that before any building, grading, or other permits are issued by the City of Costa Mesa for development at One South Coast Place, that a Hold Harm- less Agreement be entered into with the developer so as not to leave the City financially liable for issuing permits for development that may later have been found to be illegally issued. CONSENT CALENDAR The following items were removed fron the Consent Calendar: Item 6(g), Claim of Bernard Simon; Item 9, request drawdown of $1,020,000 in Section 108 funds; Item 10(a), Agreement with C. J. Segerstrom and Sons; Item 10(b), Agreement with 32nd District Agricultural 1 Association; Item 12, Resolution making a declaration regarding surplus in the Improvement Fund for Assess- ment District No. 82-1, Sterling Avenue. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, 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 WRITTEN COMMUNICATIONS On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, Resolution 87-46, being A RESOLUTION OF Records Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, for Finance AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPART - Department MENT CF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler Resolution 87-46 Hornbuckle, Buffa Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, arra carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: A. Irene Bell; Nelva Eymert; Kevin R. Kelly; and Becky Pollard and her minor child, Lin Pollard. Alcdlolic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Bhagwan S. Deol, doing business as Spicy Bits, 1835-D Newport Boulevard, Suite 156; Kchar and Theresa Erbabian, doing business as No Substitute, 1835-D Newport Boulevard, Suite 153; Majid Pour and Freidoon Tehrani, doing business as Yummy, 1560 Superior Ave- nue, Suite A-1; Circle K Convenience Stares, 488 East 17th Street; and Circle K Convenience Stores, 2346 Newport Boulevard. Public Letter from Southern California Edison Ccmpany regard - Utilities ing its Application U 338-E to the Public Utilities Commission Commission concerning the San Onofre Nuclear Generat- ing Stat ion . Notification from the Public Utilities Commission of public hearings for Southern California Gas Company Application No. 87-01-033 concerning rate schedules. Notice from the Public Utilities Commission concern- ing a petition from the City of Berkeley in opposition to Decision No. 82-01-18 in regard to tariffs for all electric and communication utilities in the State of California. Tentative Communication frcm the City of Santa Ana requesting Tract 13093 a report regarding Tentative Tract No. 13093, located in the general area of Alton Avenue, Greenville Street, and MacArthur Boulevard. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from United Family Associates, Family Thrift Store Incorporated, doing business as Family Thrift Store, 940 East Santa Clara Street, Ventura, for telephone solici- tation of material discards from July, 1987, to June, MOTION 1988. On motion by Council Member Hornbuckle, seconded Permit Approved by Vice Mayor Amburgey, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). City of Angeles Notice of Intention to Appeal or Solicit for Charitable Mission Church, Purpose was received from City of Angeles Mission Church, Incorporated Incorporated, 1660 East 49th Street, Los Angeles, to solicit funds from June 1, 1987, to June 1, 1988. On MOTION motion by Council Member Hornbuckle, seconded by Vice Permit Approved Mayor Amburgey, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). SET FOR On motion by Council Member Hornbuckle, seconded by Vice PUBLIC HEARING Mayor Amburgey, and carried 5-0, the following items were set for public hearing on July 6, 1987, at 6:30 p.m. GP -87-2A and Lawrence Campeau and James G. 6Nhite, Jr., authorized R-87-02 agents for Frank W. and Jean K. Skinner, for property Campeau/White/ located at 817 Victoria Street. Environmental Dater - Skinner minat ion : Negative Dec larat ion . MOTION General Plan Amendment GP -87-2A, to change the land Set for use designation from Low Density Residential to July 6, 1987 Medium Density Residential. Rezone Petition R-87-02, to rezone from Rl to R2. REJECTED CLAIMS On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from Attorney Ellis John Newman, for Robert Ellis, was rejected. Korenberg On motion by Council Member Ibrnbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from Attorney Mary Stearns, for Leonid Korenbertg, was rejected. Krajzynski On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from Karen R. Kraj zynski , was rejected. Murphy On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from Richard Murphy for himself aryl. on behalf of Francis Lawrence Murphy, a minor, was rejected. Walker On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from Kenneth A. Satin arra Associates on behalf of Deborah Walker, was rejected. Lane ADMINISTRATIVE ACTIONS Purchase of Three Used 1984 Ford Tempos MOTION Purchase Approved Cornerstone Celebration/Donald Dungan Library On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from Attorney Julius Aarons, for Jason C. Lane, was rejected. Staff recommended purchase of three used 1984 Ford Tempos from sole source vendor, Theodore Robins Leasing, Incorporated, 2060 Harbor Boulevard, Costa Mesa, for $11,766.00. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, a request from David King, Senior Warden, Mar Vista Ledge No. 820, Free and 719 Accepted Masons, 1599 Superior Avenue, Suite B-9, Costa MOTION Mesa, to conduct a symbolic cornerstone celebration at Cornerstone the Donald Dungan Library on September 19, 1987, was Approved approved. Agreement Addendum The Leisure Services Director recommended approval of an with Golf Plan Golf addendum agreement with Golf Plan Golf Course Construc- Course Construction tion Company, Post Office Box 1823, Santa Rosa, and Company/Southwest Southwest Growers and Landscaping, Incorporated, 21251 Growers and Land- Bushard Street, Huntington Beach, for the Phase III scaping design and construction of Mesa Linda Golf Course in the amount of $485,000.00. On motion by Council Member Phase III D_ -sign Hornbuckle, seconded by Vice Mayor Amburgey, the adden- and Construction/ dum agreement was approved, and the Mayor and Clerk were Mesa Linda Golf authorized to sign on behalf of the City. The motion Course carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler MOTION Hornbuckle, Buffa Agreement Addendum NOES: COUNCIL MEMBERS: None Approved ABSENT: COUNCIL MEMBERS: None Agreement with The Director of Public Services recommended approval of Orco Disposal an agreement with Jaycox Disposal Company, Incorporated, doing business as Orco Disposal, Post Office Box 4468, Special City-wide Anaheim, for $28,300.00, for special city-wide trash Trash Pickup pick-up. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the agreement was MOTION approved, and the Mayor and Clerk were authorized to Agreement Approved sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler lbrnbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Director of Public Services recommended approval of Moffatt and Nichol an agreement with Moffatt and Nichol Engineers, 250 West Engineers Wardlow Road, Long Beach, for $19,800.00, for design of right -turn pocket on eastbound Adams Avenue at Placentia Design of Right -turn Avenue,. On motion by Council Member Hornbuckle, Pocket, Adams at seconded by Vice Mayor Amburgey, the agreement was Placentia approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the MOTION following roll call vote: Agreement AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Appropriations The City Manager recommended approval of a resolution Limit, Fiscal determining and adopting an appropriations limit for Year 1987-88 fiscal year of 1987-88, in accordance with Article XIII -B of the Constitution of the State of California. MOTION On motion by Council Member Hornbuckle, seconded by Vice Resolution 87-47 Mayor Amburgey, Resolution 87-47, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR CF 1987-88, IN ACCORDANCE WITH ARTICLE XIII -B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hbrnbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission recommended adoption of a reso- on Baker Streetr lution prohibiting parking on the south curb of Baker Street for a distance of 600 feet west of Newport Boule- vard. On motion by Council Member Hornbuckle, seconded MOTION Resolution Adopted by Vice Mayor Amburgey, Resolution 87-48, beim A 87-48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF BAKER STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ASSENT: COUNCIL MEMBERS: Hall, Amburgey, feeler, Hornbuckle, Buffa None None Parking Prohibition The Traffic Commission recommnded adoption of a reso- Royal Palm Drive lution prohibiting parking on Fridays between 9:00 a.m. and 12:00 noon on both curbs of Royal Palm Drive for its length between Ponderesa Street and Elm Avenue for MOTION street sweeping purposes. On motion by Council Member Resolution 87-49 Hornbuckle, seconded by Vice Mayor Amburgey, Resolution Adopted No. 87-49, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON FRIDAYS BETVEEN 9:00 A.M. and 12:00 NOON ON A PORTION OF ROYAL PALM DRIVE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, V\heeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ASSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Ccmnission recommended adoption of a reso- Elm Avenue lution prohibiting parking on Thursdays, between 2:00 a.m. and 4:00 a.m., on both curbs of Elm Avenue for its length between Lemon Street and Harbor Boulevard for MO'T'ION street sweeping purposes. On motion by Council Member Resolution 87-50 Hornbuckle, seconded by Vice Mayor Amburgey, Resolution Adopted No. 87-50, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODSTA MESA, CALIFORNIA, PROHIBITING PARKING ON THURSDAYS, BETVEEN 2:00 A.M. AND 4:00 A.M. ON A PORTION OF ELM AVENUE FOR THE PURPOSE CF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, [feeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Dbne ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission recommended adoption of a reso- Ponderesa Street lution prohibiting parking on Fridays, between 9:00 a.m. and 12:00 noon, on both curbs of Ponderosa Street for MOTION its length between Royal Palm Drive and Lemon Street for Resolution 87-51 street sweeping purposes. On motion by Council Member Adopted Hornbuckle, seconded by Vice Mayor Amburgey, Resolution 87-51, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON F RI DAYS BETWEEN 9:00 A.M. AND 12:00 NOON ON A PORTION OF PONDEROSA STREET FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Txbeeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Caumission recommended adoption of a reso- Ponderesa Street lution prohibiting parking on Thursdays, between 2:00 a.m. and 4:00 a.m., on both curbs of Ponderosa Street for its length betwe-en Lemon Street and Harbor Boulevard MOTION for street sweeping purposes. On motion by Council Resolution 87-52 Member Hornbuckle, seconded by Vice Mayor Amburgey, Adopted Resolution 87-52, being A RESOLUTION CF THE CITY COUNCIL OF THE CITY CF COSTA MESA, CALIFORNIA, PROHIBITING PARK- ING ON THURSDAYS BETWEEN 2:00 A.M. AND 4:00 A.M. ON A PORTION OF PONDEROSA STREET FOR THE PURPOSE OF STREET SWEEPING, vas adopted by the following roll call wte: [1 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Vheeler, Ebrnbuckle, Buffa Ibne None Parking Prohibition The Traffic Commission recommended adoption of a reso- Lemon Street lution prohibiting parking on Fridays, between 9:00 a.m. and 12:00 noon, on both curbs of Lee= Street for its MOTION entire length for street sweeping purposes. On motion Resolution 87-53 by Council Member Ebrnbuckle, seconded by Vice Mayor Adopted Amburgey, Resolution 87-53, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON FRIDAYS BETWEEN 9:00 A.M. AND 12:00 NOON ON A PORTION OF LEMON STREET FOR.THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Sheeler, Hornbuckle, Buffa NOES: COUNCIL ME EERS : Ibne ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission recommended adoption of a reso- Hickory Place lution prohibiting parking on Fridays, between 9:00 a.m. and 12:00 noon, on both curbs of Hickory Place for its MOTION entire length for street sweeping purposes. On motion Resolution 87-54 by Council Member Ebrnbuckle, seconded by Vice Mayor Adopted Amburgey, Resolution 87-54, being A RESOLUTION OF THE CITY CF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON FRIDAYS BETWEEN 9:00 A.M. and 12:00 NOON ON A PORTION OF HICKORY PLACE FOP, THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None DR -86-03, Sony Office and Service Center MOTION Work Accepted Claim from Bernard Simon Improvements'in connection with Development Review DR -86-03, have been completed to the satisfaction of the Director of Public Services by Sony Office and Service Center, 2729 Bristol Street, Costa Mesa. On motion by Council Member Fbrnbuckle, seconded by Vice Mayor Amburgey, the improvements were accepted, and the bonds were ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler - Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None Item 6(g) on the Consent Calendar was presented: Claim from Bernard Simon. Bernard Simon, 1779 Tanager Drive, Costa Mesa, spoke about protectors on City lawn mowers and expressed his concern that the objects thrown which scratched his car could have injured someone walking on the sidewalk. Mayor Hall requested the City Manager investigate guards on City lawn mowers. Council Members Wheeler, Buffa, and Hornbuckle left the Council Chambers to look at Mr. Simon's automobile. MOTION On motion by Council Member Buffa, seconded by Vice Settlement Mayor Amburgey, settlement of the claim for $316.00 Approved was approved. The motion carried by the following roll call vnte: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler Fbrnbuckle, Buffa NOES: COUNCIL MEMBERS: Nine ABSENT: COUNCIL MEMBERS: None Drawdown in Item 9 on the Consent Calendar was presented: Request Section 108 Funds drawdown of Section 108 funds, authorize the City Manager to execute all necessary documents pertaining to Canmunity the loan, and assign all proceeds to the Redevelopment Development Agency. Block Grant Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the allocation of funds. The City Manager summarized the application for Commun- ity Develcpmnt Block Grant (CDBG) Fund drawdowns from the Section 108 program. Funds will be from the Federal Government to the Community Development Block Grant Program. These funds will be utilized to acquire resid- ual City parcels on 19th Street, between Newport Boule- vard and Harbor Boulevard, which are currently owned by the City and undeveloped. These parcels were purchased through gas tax funds for street widening purposes. Further, the residual parcels are trio small to develop individually. The application is for the Agency to utilize the funds to acquire those parcels from the City as well as to acquire a parcel fran a willing seller on Harbor Boulevard. One of the intents of the Redevelop- ment Agency is to package parcels of substandard size in order that they may be developed by a private interest at some time in the future. MOTION A motion was made by Council Member Hornbuckle, seconded Drawdown of Funds by Vice Mayor Amburgey, to approve the drawdown of Approved $1,020,000.00 in Section 108 funds; authorize the City Manager to execute all necessary documents pertaining to the loan; and assign all proceeds to the Redevelopment Agency. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Uieeler Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None Agreement with Item 10(a) on the Consent Calendar was presented: Segers tram Agreenent with C. J. Segerstram and Sons, 3315 Fairview Road, Cesta Mesa, concerning the responsibility for Bear/Sunflower construction of certain improvements and contribution Property of Development Trip Charges in connection with the development of property at the southwest corner of Bear Street and Sunflower Avenue. No'Action Taken The City Manager requested continuance of this item so additional work can be completed. The Mayor granted the City Manager's request and stated no further action is required. Agreement with Item 10(b) on the Consent Calendar was presented: 32nd District Agreement with 32nd District Agricultural Association, Agricultural 88 Fair Drive, Costa Mesa, for police services during Association the 1987 Orange County Fair, July 9 through 19, 1987, in the amount of $7,408.89. Public Services Sid Soffer, 900 Arbor Street, Costa Mesa, asked if this During Orange agreement was to pay the police officer's salaries while County Fair working at the Orange County Fair, and what laws will they enforce while working there; State, County, or City. The City Manager responded this standard annual agreenent provides for police liaison services during the fair, including parking lot patrol as well as traffic control around the peripheral areas. The City is reimbursed for all expenses under this contract. I I The City Attorney stated the reason the Fair Board utilizes City police officers is to enforce State Penal Code Provisions. MOTION A notion was made by Council Member Hornbuckle, seconded Agreement Approved by Council Member Buffa, to approve the agreement, and authorize the Chief of Police to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler Ebrnbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None Improvement Fund Item 12 on the Consent Calendar was presented: Reso- Surplus, Assessment lution regarding the Improvement Fund for Assessment District No. 82-1, District No. 82-1, Sterling Avenue. Sterling Avenue Sid Soffer, 900 Arbor Street, Costa Mesa, asked for clarification of this item and what improvements were made. The Public Services Director responded this was for the Sterling Avenue construction project, completed approximately one year ago, and included acquisition of right-of-way and construction of asphalt and concrete V -gutters for drainage. MOTION On motion by Council Member Hornbuckle, seconded by Resolution 87-55 Council Member Buffa, Resolution 87-55, being A RESO- Adopted LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MAKING A DECLARATION REGARDING SURPLUS IN THE IMPROVEMENT FUND FOR ASSESSMENT DISTRICT' NO. 82-1, STERLING AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented the recommendations for the Street Sweeping Program: Street Sweeping 1. Convert standby sweeper to daily service. Program 2. Strive to maintain weekly service. 3. Proceed to schedule all residential sweeping after 8:00 a.m. 4. Proceed to post all higher volume residential streets to minimize passing of parked cars in heavy traf f is . 5. Proceed to post where requested on a neighbor- hood basis, rather than on a street -to -street basis. 6. Post alternate sides only where justified by heavy daytime parking demand. MOTION After discussion, a motion was made by Council Member Street Sweeping Hornbuckle, seconded by Council Member Buffa, to accept Program Accepted the Street Sweeping Program as outlined in staff's letter. The motion carried 5-0. Vice Mayor Amburgey commended staff on their preparation of the street sweeping guidelines as being an excellent example of cooperation with the community and City's staff in Council's desires to continue to make Costa Mesa a clean place to live and work. Conflict of The Clerk presented for second reading and adoption, Interest Code Ordinance 87-12, Conflict of Interest Code. MOTION On motion by Council Member Buffa, seconded by Council Ordinance 87-12 Member Wheeler, Ordinance 87-12, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE LISTING OF POSITIONS COVERED BY THE CON- FLICT OF INTEREST CODE OF THE CITY OF COSTA MESA, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Wimbledon Way The Clerk presented from the meting of June 1, 1987, alternatives for Wimbledon Way. A petition was received containing 120 signatures indicating the preferences of the Wimbledon Village res idents: Option 1 - Close Wimbledon Way at Sunflower Avenue. 76 in favor. Option 2 - Close Wimbledon Way in the middle at our pool. Two in favor. Option 3 - Install unrestricted traffic signal at Sunflower Avenue. 12 in favor. Option 4 - Install restricted traffic signal at Sunflower Avenue. 22 in favor. Option 5 - No option. Two in favor. Six comments were received not relating to the options. Vice Mayor Amburgey spoke about the amount of time spent on this item to date. Staff has acccmplished restriping of Sunflower Avenue arra is presently designing a traffic signal for Wimbledon Way and Sunflower Avenue. Traffic counts were taken indicating the amount of through traf- fic did not warrant action being taken on Wimbledon Way. He also referred to a letter from the Wimbledon Village Homeowners Assocation, dated June 10, 1987, asking that no action be taken regarding the closure of Wimbledon Way at this time. Council Member Wheeler said the Council realizes there is a safety problem in the area and for this reason a signal will be installed at Sunflower Avenue and Wimbledon Way. He indicated conflicting petitions have been received resulting in confusion as to what the people really want. He suggested the City send out questionnaires asking what the people in the area want done and to proceed with the survey in the same manner as was done for Swan Drive/Albatross Drive with the survey covering the area bordered by Sunflower Avenue, Fairview Road and the I-405 Freeway. The City Manager said it would be at least 90 days before staff could begin such a project since staff is in the process of preparing over 5,000 notices for the Victoria Street project in addition to notification for the Monrovia Street closure. Blaise Bonazza, 1161 Princess Court, Costa Mesa, con- curred with the recommendation made by Council Member Wheeler, and also expressed his concern about safety. Council Member Hernbuckle suggested having restricted turning movements, which will be installed on the traffic signal for Wimbledon Way and Sunflower Avenue, 1 an cpportunity to work to see if this will meet the needs of the people. Mayor Hall concurred and asked staff if the restricted turning movements do not meet the needs, codifications could be made to change the functioning of the signal at a later date, and the Director of Public Services replied, yes. Maggie Ross-Clunis 3484 Queens Court, Costa Mesa, Vice President, Wimbledon Village Homeowners Association, spoke about the majority of homeowners not wanting Wimbledon Way closed at this time. After discussions with the Director of Public Services and review of staff's recommendations, the homeowners have narrowed the alternatives outlined in staff's memorandum of May 26, 1987, to the following: 1A. As proposed by the Homeowners -Association. 6. Closure at Danielle/Summerset. Mayor Hall asked staff to define what the dollar amounts would be for the suggested alternatives and the Director of Public Services replied $24,000.00, to $713,000.00. Mike Hylton, 3498 Queens Court, Costa Mesa, said the initial petition to close Wimbledon Way received 171 signed petitions out of 188 homes. Since that initial petition there have been changes; a turn signal has gone in. He said the board for the Wimbledon Way Home- owners Association did a sampling of approximately 71 residents and the responses were so far off from the initial petition there has to be a problem. A second petition survey conducted slows a majority of 63 percent were in favor of closure at Wimbledon Way. He said residents of Mesa Woods are saying this would have an impact on them, but the Kunzman Report indicated it would not. Ed Chalberg 3441 Santa Clara Circle, Costa Mesa, stated that a petition with 172 signatures opposing closure of Wimbledon Way as being representative of residents in Mesa Woods as well as Award Homes, Summerset Hanes, and Greenbrock Hanes. He reported that of the people con- tacted, 100 percent did not want a closure at Wimbledon Way. The main concern is one of controlling speed. Council Member Hornbuckle said Council needs to consider the residents in the entire area. Bill Schwenneker, 3478 Wimbledon Way, Costa Mesa, was concerned about traffic and Wimbledon Way being used as a major thoroughfare. He commented the main issue is safety and asked if the City has adopted guidelines for street closures and if there are traffic count qualifi- cations for closures. Mayor Hall replied, yes, 2,000 cars per day buta street closure can be approved with- out the qualification. Vern Murray, 3490 Wimbledon Way, Costa Mesa, spoke about the issue of safety. He suggested stop signs, police to enforce speed limits, a crosswalk to the park, something to slow the speed of traffic down. The Council discussed.the possibilities of posting speed limits, adding a crosswalk to the park, speed bumps, and rumble strips. Council Member Hornbuckle said Danielle Drive is one of the main streets off Wimbledon Way and asked if it warrants a three-way stop. The Public Services Director replied the traffic study showed the existing traffic volume and counts indicated neither Salinas Avenue nor Danielle Drive warranted stop signs. The Public Services Director made the following recom- mendations: 1. Leave the turn restriction in at Wimbledon Way and Sunflower Avenue. 2. Install 25 mile per -hour signs on Wimbledon Way. 3. Stencil Wimbledon Way in several locations. 4. Install stop signs at Wimbledon Way and Danielle Drive. 5. Proceed with the design of the traffic signal at Wimbledon Way and Sunflower Avenue with turn restrictions as part of the design. After instal- lation, see if this alleviates the problem before re -assessing. Vern Murray wanted a stop sign at the hairpin curve at the other end of Wimbledon Way in addition to the one reconm nded at Danielle Drive. Fred Elliott, 3485 Wimbledon Way, Costa Mesa, said if a survey is taken by the City it should be representative of all the people in the area. He also asked if the limited cul-de-sac, as stated in Option lA by the home- owners, is a legal option. The Public Services Director replied it is not a standard cul-de-sac but can be done. Mr. Elliott asked if the City has assigned a police officer to monitor traffic and issue traffic citations on Wimbledon Way and the City Manager responded police officers are not assigned specific streets. Radar studies have been done in the area which substantiate the figures in the Traffic Study in terms of speed. Sid Soffer suggested police officers be assigned to enforce speed on Wimbledon Way for two hours a day, weekdays, for a three-week period. RECESS The Mayor declared a recess at 8:35 p.m. and the meeting reconvened at 8:45 p.m. Wimbledon Way Mayor Hall asked the Director of Public Services to sum - Continued marize his comments as to what is a resonable approach on a technical basis and the Director of Public Services recommended the following: Install stop signs at Danielle Drive and Wimbledon Way; stencil 25 miles per hour on Wimbledon Way in several locations; install 25 miles per hour speed zone signs; check existing signing and put up curve warning or speed warning signs for the curve; leave existing turn restrictions in at Wimbledon Way and Sunflower Avenue, and proceed with the design and installation cf the traffic signal on that basis. Steve Schwartz, 3499 Wimbledon Way, Costa Mesa, said he resides at the corner of Wimbledon Way arra Sunflower Avenue and is convinced the only way the problem can be solved is with the closure of Wimbledon Way. He is willing to put up $7,500.00 toward the closure. He said the main issue is safety. Steve Willems, 3496 Wimbledon Way, Costa Mesa, expressed the need to control traffic and speed in the area. He requested a stop sign at Danielle Drive and also at Queens Court. MOTION Stencil Speed Limits; Install Curve Warnings; Maintain Turn Restrictions; Continue Design of Traffic Signal; and Additional Police Enforcement Approved On motion by Council Member Wheeler, seconded by Council Member Fbrnbuckle, and carried 5-0, the following recom- mendations were approved: 1. Stencil 25 miles per hour speed limit on Wimbledon Way. 2. Install speed curve warning signs on Wimbledon Way east of Queens Court. 3. Maintain turn restrictions at Wimbledon Way and Sunflower Avenue. 4. Continue with the design and installation of the traffic signal, with turn restrictions, at Sunflower Avenue and Wimbledon Way. 5. Provide additional police enforcement for traffic. MOTION On motion by Council Member Wheeler, seconded by Council Resolution 87-56 Member Hornbuckle, Resolution 87-56, being A RESOLUTION Adopted, Appoving OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Stop Signs on FORNIA, AUTHORIZING INSTALLATION OF STOP SIGNS ON Wimbledon Way at WIMBLEDON WAY AT DANIELLE DRIVE, was adopted by the Danielle Drive following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Waeeler Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: QDUNCIL MEMBERS: None MOTION On motion by Council Member Wheeler, seconded by Council Resolution 87-57 Member Buffa, Resolution 87-57, being A RESOLUTION OF Adopted, Approving THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Stop Signs on AUTHORIZING INSTALLATION OF STOP SIGNS ON WIMBLEDON WAY Wimbledon Way and AND QUEENS COURT, was adopted by the following roll call Queens Court vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION A motion was made by Council Member Wheeler, seconded Staff Directed to by Council Member Buffa, and carried 3-2, Vice Mayor Design a Survey Amburgey and Council Member Hornbuckle voting no, directing staff to: 1. Design an objective survey listing alternatives with positive arra negative affects of each alter- native. 2. Bring the draft of the survey before Council in approximately five months.. Municipal Code The Clerk announced an ordinance amending Sections Round up Rule 13-136(A)(2), 13-148(A)(2) and 13-174(A)(2) of the Costa in R2, R3 and Mesa Municipal Code regarding rounding -up residential- R4 esidentialR4 Zones density calculations in R2, R3, and R4 zones. The Development Services, Director summarized staff's merrorandum of June 11, 1987, and the attached recom- manded ordinance proposed by the City Attorney. If this ordinance is passed, requests for zone changes would be required frau anyone requesting changes in density des ignat ions . Sid Soffer asked about property which might fall short of being legal by a fraction and the differences in opinions this creates. • Mark Korando, 582 Park Drive, Costa Mesa, stated his intent in requesting this ordinance was to let people have notice that something was out of the ordinary. MOTION On motion by Council Member Hornbuckle, seconded by Ordinance 87-14 Council Member Buffa, Ordinance 87-14, being AN ORDI- Given First NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Reading CALIFORNIA, AMENDING SECTIONS 13-136(A)(2), 13-148(A)(2), AND 13-174(A)(2) OF THE COSTA MESA MUNICIPAL CODE REGARDING ROUNDII3-UP RESIDENTIAL DENSITY CALCULATIONS IN R2, R3, AND R4 ZONES, was given first reading, and Council will explore a poten- tial round -up rule which would be granted through a Coalitional Use Permit process at the study session of July 13, 1987, prior to second reading and adoption. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Hall ABSENT: COUNCIL MEMBERS: None WARRANTS On motion by Council Member Buffa, seconded by Council Mamber Hornbuckle, Warrant Resolution 1361, including MOTION Payroll 8711, was approved by the following roll call Warrant 1361 vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY The City Attorney requested a closed session as author - REPORTS ized under Governrment Code Section 54956.9(a) regarding pending litigation, and the Mayor announced that a Pending Litigation closed session will be held at the end of regular Closed Session business. CITY MANAGER The City Manager presented the proposed City Budget for REPORTS fiscal year 1987-88, which has been available in the City Clerk's office as well as the local library. He City Budget for recognized the Director of Finance and City's management 1987-88 Fiscal for an ecceptional job in preparing the budget and Year reccmmended its adoption. Howard Minder, 432 East 18th Street, Costa Mesa, asked if block walls were part of the appropriation for improvements on Mesa Verde Drive and the City Manager responded block walls were not included in this appro- priation. Mr. Minder asked about funding for the widening of Fairview Road and access routes to the freeway. The City Manager responded the majority of funds are Federal Funds for freeway improvements. MOTION A motion by Council Member Wheeler, seconded by Vice Budget Adopted Mayor Amburgey, to adopt the budget for fiscal year 1987-88, as presented, carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Operating Reserve The City Manager requested direction regarding possible adjustments to the City Council's policy of maintaining a 25 percent cperatirg reserve, and summarized his memorandum of June 12, 1987. He requested staff bring this iten back for further clarification at the study session of July 13, 1987, if it is Council's desire to reduce the cperating reserve. Council Member Wheeler asked when a Risk Managment employee will be added to staff, and the City Manager replied probably within three to four months. Council Member Wheeler suggested bringing this item back to Council after a Risk Manager has had time to determine what type of reserve is necessary in this posture. Sid Soffer said he does not think it should be a per- centage, and concurred with Council Member Wheeler's comments. MOTION A motion was made by Council Member Wheeler, seconded Defer Judgment by Council Member Hornbuckle, to defer judgment on Until a Later Council's policy of reducing the retention of the Date Operating Reserve to below 25 percent until evaluation is made by a Risk Manager and staff on other issues and ramifications of the 25 percent. Substitute Motion Council Member Buffa presented a substitute motion, Withdrawn seconded by Mayor Hall, to eliminate a specific per- centage of Operating Reserve from City Council's policy to be replaced by a policy wherein any projects not reflected in the 1987-88 approved Budget, be brought back to Council for item -by -item consideration. In addition, at no time will the percent in the reserve go below 25 percent. After discussion, Council Member Buffa withdrew his motion. Original Motion The original motion made by Council Member Wheeler Approved carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Buffa, seconded by Council Increase for Social Member Wheeler, staff was directed to investigate the and Cultural possibility of an increase of $150,000.00 for Cultural Program Support Program support and $100,000.00 for Social Program support, to be reallocated from the existing Budget as Staff Directed to a Budget Adjustment, and to be brought back to Council Investigate on July 6, 1987. 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 Gann Appropriation The City Manager requested direction in the disposition Limit of "excess proceeds of taxes" according to the Gann Appropriation Limit and referred to his memorandum of June 4, 1987, outlining the following options: 1. Seek voter approval for appropriation increase. 2. Dual Ballot Measure. 3. City Council Imposed Tax Reduction. 4. Recalculation of the "Base Year". Jan Luymes, 592 Park Drive, Costa Mesa, spoke about the types of items to be put on a ballot and suggested ballot ideas be put out in the Community Newsletter for input from the public. Sid Soffer asked if the proposals reccmmended by staff and Council are put to a vote, will it be at election time, and the Mayor replied it is being proposed to be added to this November's ballot. 90 Mildred Kniss, 327 West Wilson Street, Costa Mesa, spoke about directing money to the senior citizens and low incane people in the City. MOTION On motion by Vice Mayor Amburgey, seconded by Mayor Hall, Directed Staff to staff was directed to prepare and make arrangements to Place Initiatives place initiatives on the November 3, 1987, ballot to on Ballot and approve additional funds to replace or repair existing Solicit Public streets, curbs, gutters and sidewalks, along with tree Input removal, and have staff determine a percentage of funds which could be used to construct sidewalks in areas where none presently exist; and, solicit input from the public as to which initiatives they would like to see placed on the ballot. Mayor Hall said when the Gann Initiative was passed, it put the responsibility for increase of Government spend- ing with the voters. Substitute Motion A motion was made by Council Member Wheeler, to refund Died for Lack of the excess appropriations in the form of a property tax Second cut. The motion died for lack of a second. Original Motion After discussion, the original motion made by Vice Mayor Approved Amburgey carried 4-1, Council Member Wheeler voting no. RECESS The Mayor declared a recess at 11:00 p.m. and the meet- ing reconvened at 11:10 p.m. Agreement The City Manager presented a recanmendation from staff Robert Bein, Frost to approve an agreement with Robert Bein, Frost and and Associates Associates, 14725 Alton Parkway, Irvine, not to exceed $298,300.00, for the North Costa Mesa Arterial Improve - North Costa Mesa ment Study, including an Environmental Impact Report. Arterial Improve- ment Study The City Manager replied to a question posed by Council Member Hornbuckle that the project is scheduled to be canpleted in 10 months. The matter will be brought before Council periodically to define high and low priority improvements. Council Member Wheeler referred to staff's letter of June 8, stating a budget adjustment will be submitted to Council in the future, and the Director of Public Services replied staff proposes to bring before Council, after July 1, a recommendation for a budget adjustment with funding from the Developer Trip Charges Fund. MOTION On motion by Council Member Buffa, seconded by Vice Agreement Mayor Amburgey, the agreement was approved, and the Approved Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hcrnbuckle, Buffa NOES: COUNCIL MEMBERS: None AESENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Allocation of for the public hearing to consider allocation of Federal Federal Revenue Revenue Sharing Funds. The Affidavit of Publication is Sharing Funds on file in the Clerk's office. No ccimmunications were received. There being no speakers, the Mayor closed the public hearing. MOTION A ration was made by Council Member Hornbuckle, seconded Allocation of by Council Member Buffa, to approve the allocation of Funds Approved $150,000.00, as outlined in the Public Notice fran the Finance Department. The motion carried by the following roll call wte : AYES: COUNCIL MEMBERS: Hall, Amburgey, [heeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced this is the time and place set for Appeal of RA -87-06 application frcm Mark A. Korando, 582 Park Drive, Costa and PA -87-46 Mesa, and Jan Luymes, 592 Park Drive, Costa Mesa, Markel appealing the Redevelopment Agency's approval of Redevelopment Action RA -87-06, Planning Action PA -87-46, Charles Markel, for review of building elevations, and review of a third dwelling unit at a site where a second unit was recently constructed, located at 581 Park Drive, in an R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's off ice . Na camun icat ions were received. The Director cf Development Services presented the site plan and summarized Charles Markel's request and staff's report. Mark Korando, appellant, spoke about petitions from property owners in the area opposing an additional unit to the property. He caumented when most of the property owners purchased their property they knew exactly how many units were allowed on each property. He referred to the majority of findings in staff reports recanmending denial. Jan Luymes, appellant, spoke about this project as being the same as was denied by Council last year, and which Mr. Markel did not appeal. She does not feel it should be reconsidered and presented a transparency demonstra- ting why a variance should be denied. Further, it is incompatible since there are no other three -unit canplexes on the street and additional traffic and parking problems are not needed. Charles Markel, 2851 Club House Road, Costa Mesa, said he has met requirements for approval frcn both the Redevelopment Agency and Planning Canmission and main- tained this is a good project. In response to a question by Mayor Hall, Mr. Markel stated he would not object to another condition stipu- lating that the garages would be available only to residents and not rented out to separate entities. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about canpli.ance with requirements and Council's right to deny approval. There being no other speakers, the Mayor closed the public hearing. Council Member Buffa spoke about this project meeting all Code requirements and the tract record of the devel- oper indicating he is a concerned citizen in the camunity. Council Member Wheeler stated that he will vote against approval for the following reasons: The project is not canpatible with the Redevelopment Agency's goals because the rurrber of units are not compatible with a single- family neighborhood arra not compatible with the goal of preserving existing areas; the curve design of the street is inadequate to handle increased traffic and therefore not compatible with the Redevelopment Agency's goal to increase traffic circulation and to eliminate inadequate traffic circulation; the fact the project is adjacent to a commercial area further indicates the project is not compatible with the goals of Council not to locate residential next to commercial; excessive parking on the street has created sight distance prob- lems which are not compatible with goals relating to traffic and parking; many of parking problems are created from spill-over of vehicles from surrounding areas which do not provide sufficient parking. MOTION A motion was made by Council Member Buffa, seconded by RA -87-06 and Vice Mayor Amburgey, to uphold approval of Redevelopment PA -87-46 Approved Action RA -87-06 and Planning Action PA -87-46. The option carried 3-2, Council Members Hornbuckle and Wieeler voting no. PUBLIC HEARING The Clerk announced that this was the time and place set Appeal of PA -87-70 for an appeal of the Planning Ca-mnission's denial of a DuPuie/Butlet Conditional Use Permit for retail auto sales in connec- tion with Planning Action PA -87-70, frcam Bill Dupuie, 1666 Superior Avenue, Costa Mesa, authorized agent for John Butler, 19542 Sierra Canon Road, Irvine, for a Conditional Use Permit for outdoor storage and a vari- ance from front setback requirements to allow a vehicle display area in conjunction with an existing car sales facility, located at 1666 Superior Avenue in an MG zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No ccmmunica- t ions were received. The Director of Development Services summarized staff's menDrandum of June 8, 1987, and the request received from Bill Dupuie, authorized agent for John Butler, doing business as Cove Motoring. He requested if the project is approved, one of the conditions would be that on-site customer parking be provided on an on-going basis. Request for Bill Dupuie, 213 Dahlia Avenue, Corona del Mar, withdrew Variance from his request for a variance from front setback require - Front Setback ments. He requested approval of a Conditional Use Requirements Permit for retail sales and feels the location is condu- withdrawn cive to the neighborhood because of the heavy automotive repair and restoration businesses in the area and because it is bordered by a retail zone. Mayor Hall stated staff is requesting five on-site park- ing spaces and asked Mr. Dupuie if his request is approved could he provide those spaces and maintain them in a relatively open position since a Conditional Use Permit could be revoked if conditions are not met. Mr. Dupuie responded he could provide the parking spaces. Cindy DuPuie, 213 Dahlia Avenue, Corona del Mar, said they would be willing to maintain two less automobiles for sale or consignment on the premises in order to maintain required parking spaces. Sid Soffer suggested the number of vehicles allowed for sale at one time be made a part of the Conditional Use Permit. After discussion of staff's report, number of parking spaces, and number of vehicles for sale, Mayor Hall 1 asked Mr. Dupuie if he agrees to all conditions outlined in staff's report with the exception of Condition No. 4, which was withdrawn, and Mr. Dupuie indicated he does agree. There being no other speakers, the Mayor closed the public hearing. MOTION Conditional Use A motion was made by Council Member Wheeler, seconded by Permit Approved with Council Member Buffa, and carried 5-0, to approve the Deletion of Condi- Conditional Use Permit based on the analysis of staff tion of Approval and subject to the Conditions of Approval with the dele- No. 4 tion of Condition No. 4. NEW BUSINESS The Clerk presented the Automobile Dealers Task Force Automobile Dealers Report: Task Force Report 1.- Direct the Development Services Department to develop new procedures and requirements which facilitate the development and operation of auto- mobile dealerships. 2. Request that the Motor Car Dealers Association prepare and submit a proposal for off-site sign- age. MOTION ` � A motion was made by Council Member Wheeler, seconded Report and by Council Member Hornbuckle, to approve the Automobile Recommendations Task Force Report and Recommendations. The motion car - Approved ried 5-0. Council Member Wheeler congratulated the Automobile Dealers Task Force for the good job they are doing. Cultural Arts The Clerk presented a request to appoint a new member to Committee the Cultural Arts Committee. Council Member Wheeler, as a member of "the committee, said applications have been received fore -a replacement for Barbara Grady oho submitted her; resibnation and who had served as a member of the committee -since its incep- tion. MOTION A motion was made by Council Member'Wheeler, seconded Lori Houghton by Council Member Hornbuckle, and carried 5-0, appoint - Appointed to irg Lori Houghton, 236 Costa Mesa Street, Costa Mesa, to Committee the Cultural Arts Committee. Council Member Hornbuckle requested that the Cultural Arts Committee make a recommendation to Council regard- ing staggered terns of office for their committee, and Council Member Wheeler said he will bring this matter before then at the next meeting. COUNCILMANIC Council Member Wheeler spoke about the lack of interest COMMENTS in the Youth Committee. Youth Committee Council recommended soliciting members for the committee after the fall school semester begins and writing a letter to the person who expressed interest in serving on the conmittee. Campaign Fund Council Member Wheeler reported recent allegations Conspiracy regarding Assemblyman Gil Ferguson's entering into a Allegations conspiracy to hide the source of goods and services to the campaigns of Vice Mayor Amburgey and Council Member Buffa, and evidence shows that there has been an under- reporting on behalf of those candidates. Council Member Wheeler believes there is an issue as to whether there was a conspiracy to violate the Political Reform Act in Costa Mesa during the 1986 election. MOTION A motion was made by Council Member Wheeler, requesting Ask District an urgency measure, asking the District Attorney's Attorney to office to investigate to determine whether or not there Investigate Died is sufficient information supporting the allegations to for Lack of Second take the matter to the Grand Jury. The motion died for lack of a second. Developmnt Vice Mayor Amburgey commended the Developmnt Services Services Department Department for an excellent job on their public infor- Commended mation folder containing information to assist citizens of Costa Mesa in becaning better informed of the City's processes for obtaining building permits. ADJOURNMENT TO At 12:50 a.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor conference room to discuss pending litigation. ADJOURNMENT At 1:10 a.m. the Mayor adjourned the meting to a closed session on June 16, 1987, at 4:00 p.m., in the fifth floor conference room of City Hall, for a meting with the City's labor negotiator. Ma f the City of Costa Mesa ATTEST: City Clerk of the City of Costa Me 1