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HomeMy WebLinkAbout07/06/1987 - City CouncilRE3ULAR MEETING OF THE CITY COUNCIL CITY OF OOSM MESA JULY 6, 1987 The City Council of the City of Costa Mesa, California, met in regular session July 6, 1987, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Bruce Mattern, Director of Public Services. POLL CALL Council Members Present: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Council Members Absent: Ibne Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, Deputy City Clerk Former Mayor Former Mayor Alvin Pinkley and his wife, Lucy, were Recognized recognized by Mayor Hall. Mr. Pinkley spoke about a television program he had viewed Sunday which compared the Costa Mesa Fire Depart- ment to the Los Angeles Fire Department, and reported that the Costa Mesa Fire Department was far superior. Mr. Pinkley also mentioned the CSP organization which deals with youth services. The organization uses a portion of the Adams Avenue fire station for their activities, and invited the Council to visit the CSP facilities. MINUTES The Mayor presented the Council minutes for the regular May 4, June 15, meting of May 4, the regular meting of June 15, and and June 16, 1987 the adjourned meting of June 16, 1987. A motion was made by Council Member Wheeler, seconded by Council Member Hornbuckle, to approve; the minutes of May 4, 1987, with the corrections arra additions he made at the June 15, 1987, meeting. Mayor Hall and Vice Mayor Amburgey asked for the City Attorney's report as requested at the last meeting. The City Attorney responded that the Code provides for any Council Member to have placed into the minutes his/her reasons for dissenting to a Council vote. He stated that Council Member Wheeler has made a request to add his reasons for opposing the May 4 minutes as written. Further, Council can approve the minutes as presented, and then in Council Member Wheeler's dissent to that vote, he has the right to have placed into tonight's minutes the reasons for his dissent to the Council's vote approving the May 4 minutes. The City Attorney mentioned that Council Member Wheeler has already stated his reasons and they are contained in the minutes for June 15. MOTION Council Member Hornbuckle withdrew her second to Minutes of May 4, Council Member Wheeler's motion, aryl made a motion June 15, and to approve the minutes of May 4, June 15, and June 16, June 16, 1987, 1987, as recorded by the City Clerk's office. The Approved nation was seconded by Council Member Buffa. Council Member Wheeler stated that he will oppose the motion because it includes approval of the May 4, 1987, minutes. The motion to approve the minutes of May 4, June 15, and June 16, 1987, carried 4-1, Council Member Wheeler voting no. Council Member Council Member Wheeler dissented frau the minutes of Wheeler Dissents May 4, 1987, because he did not believe they accurately reflected what transpired at that meeting, and included in his dissent, -his corrections and additions contained in the June 15, 1987, minutes. ORDINANCES A motion was made by Council Member Wheeler, seconded by Council Member Buffa, and carried 5-0, to read all ordinances by title only. PROCLAMATION The Mayor proclaimed July 20, 1987, as "Space Explora- Space Exploration tion Day". The proclamation will be on display in the Day lobby of City Hall. PRESENTATION The Mayor presented a Certificate of Achievement to Certificate of Robert Oran, Director of Finance. The certificate was Achievement to awarded by the Government Finance Officers Association Finance Director of the United States and Canada. ORAL Roy Center, 2650 Fairview Road, Costa Mesa, canmended COMMUNICATIONS the Leisure Services Department's karate program and Jackie Long, karate team instructor. Mr. Center Karate Team mentioned that they will be requesting funds for the upcoming tournaments. Jackie Long spoke about the upcaning karate tournaments and introduced members of the team. Former Mayor Recognized Fortner Mayor Arlene Schafer was recognized by the Mayor. Costa Mesa Mildred Kniss, resident of Costa Mesa Mobile Estates, Mobile Estates 327 West Wilson Street, Costa Mesa, reported that dirt and debris still exist on the site because of construc- tion work. She asked if the trailer park owner had submitted a plot plan, and the Mayor responded that the plan has been received by the Planning Division. Traffic on Country Mr. F. R. Weber, 3199 Country Club Drive, Costa Mesa, Club Drive referred to a petition from Residents Against Traffic .and Stress (RATS) regarding the excessive traffic on Country Club Drive. The petition contained signatures representing 86 households. Mayor Hall advised Mr. Weber that the petition will be referred to the Traffic Commission. College/Baker Phil Becerril, 3006 College Avenue, Costa Mesa, spoke Intersection about a traffic study which was to be done for the College Avenue/Baker Street intersection, the proposed closure of College Avenue south of Shannon Lane, and the parking prohibition along both curbs of College Avenue for approximately 150 feet. The Public Services Director reported that a closure is not being proposed; however, a traffic signal for the College/Baker intersection is in the design stage. Mr. Becerril mentioned that no one on College Avenue had received notice of ' the no -parking regulation. Mayor Hall stated that staff will investigate the matter and asked Mr. Becerril to leave his phone number with the Public Services Director. °Z` ; City/Salcido Dave Salcido, 954 West 17th Street, Costa Mesa, reported Lawsuit that the City has filed a lawsuit against him and he wanted the'Council to be aware of the lawsuits that are being filed. Mayor Hall responded that the City Attorney will be submitting a report to the Council on this matter. Traffic on Margaret Dean, 1199 E1 Camino Drive, Costa Mesa, voiced El Camino Drive her concern about excessive traffic on El Camino Drive next Saturday night when the Orange County Fair and a concert at the amphitheatre will be in progress. The City Manager reported that there will be additional traffic officers on duty that evening, and barricades will be utilized in the College Park area. Mrs. Than suggested blocking off the southbound Fairview Road left -turn pocket at El Camino Drive for approxi- mately 1-1/2 hours. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 3, Letter from Mesa Verde Homeowners Association concerning construction of walls and medians; Item 13, Resolution regarding a freeway development proposal from the Automobile Club; Item 16, Authorization for certain nonsafety employees to issue citations for infractions; and Item 21(e), Parking prohibition on Killybrooke Lane. WRITTEN COMMUNICATIONS Records Destruction for Finance MOTION Resolution 87-58 Adopted Block Wall on East Side of Fairview Road MOTION Referred to Leisure Services READIlNG3 FOLDER 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 On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, Resolution 87-58, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPART- MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMEERS: None ABSENT: COUNCIL MEMBERS: None On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, a petition containing 60 signatures submitted by Carol A. Nylander, 1198 Boise Way, Costa Mesa, suggesting that a block wall be con- structed along the east side of Fairview Road between the 405 Freeway and Bismark Way, was referred to the Leisure Services Director for a report. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Attorney Donald S. DiBella on behalf of Thomas 0. Davidson; Craig Loan Davies; Loretta Anne Heath (nee Lozano); R. G. Kennedy; Attorney Ann A. Andres on behalf of Katie Lorraine Libolt, a minor, by her guardian Rebecca Libolt, and David R. Libolt; Pacific Bell; Attorney Robert J. Gokoo on behalf of Vons Companies, Incorpor- ated; and Attorney Roger P. Tomalas on behalf of Lani C. Wilson. 1 [1 i !: Alcoholic Alccholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses John S. Otteman, doing business as Hussong's Cantina, 1880 Monrovia Avenue; Kisung and Kwang Ock Park, doing business as Take Ten Cafe, 3303 Harbor Boulevard, Unit K-9; Safeway Stores 25, Incorporated, doing business as Liquor Barn No. 2064, 1726 Superior Avenue; Anh T. and Xuong P. Sam, doing business at 1125 Victoria Street, Suite "S"; Ardeshir Shahrestani, doing busi- ness as Chix BBQ, 427 East 17th Street, Suite "C"; The Southland Corporation, doing business as 7 -Eleven Store No. 2115-27007, 2244A-1 Fairview Road; and The Vons Ccmpanies, Incorporated, doing business as The Pantry Supermarkets, 1178 Baker Street. Public Notice from the Public Utilities Commission concerning Utilities Application No. 87-06-021 from Southern California Commission Gas Company, requesting an increase in its gas rates to recover costs of its Hazardous Substance Site Cleanup Program incurred January 1, 1985, through May 31, 1988. AB 2191 Resolution frau the City of Hawaiian Gardens support - School District ing Assembly Bill 2191, relating to election of school Trustees district trustees by trustee area. AB 2190 Letter from the City of San Clemente opposing Assembly Mandated District Bill 2190 relating to mandated district elections for Elections cities. BUSINESS PER4ITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from United Way of Orange County, United Way 13252 Garden Grove Boulevard, Garden Grove, by fund so 1 icitat ion by direct mil, corporate donat ions , and rallies at major canpanies frau July, 1987, to June, 1988. On motion by Council Member Hornbuckle, seconded MOTION by Vice Mayor Amburgey, and carried 5-0, the permit was Permit Approved approved with application of Municipal Code Section 9-234(j). Fund for Public Notice of Intention to Appeal or Solicit for Charitable Interest Research Purpose was received from Fund.for Public Interest Research, 1147 South Robertson, Suite 203, Los Angeles, MOTION by soliciting funds from May through September, 1987. Permit Approved On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the permit was approved with application of Municipal Code Section 9-234(j). REJECTED CLAIMS On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim frau Attorney Abajian Stephen A. Colby on behalf of Wannes Loy Abajian was rej ected . Price On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim fram Attorney John A. Luetto on behalf of Timothy Q. Price, was rejected. Rutenbeck On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from Attorney Michael J. Bazyler on behalf of William D. Rutenbeck was rejected. ADMINISTRATIVE Bids received for Bid Item No. 767, Construct Interior ACTIONS of S.W.A.T. Van, are on file in the Clerk's office. On motion by Council Member Hornbuckle, seconded by Vice Bid Item No. 767 Mayor Amburgey, the contract was awarded to B & B Coach Construct Interior Works, Incorporated, 15661 Producer Lane, Suite E/F, of S.W.A.T. Van Huntington Beach, for $15,008.90. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Awarded to Hornbuckle, Buffa B & B Coach Works NOES: COUNCIL MEMBERS: Nene ABSENT: COUNCIL MEMBERS: None Senior Citizens On motion by Council Member Hornbuckle, seconded by Vice Cammittee Mayor Amburgey, and carried 5-0, the following action was taken concerning the Senior Citizens Canmittee: MOTION New Members Bob Hanson was appointed to the canmittee as the Appointed and seventh voting member for a two-year term. Amended Bylaws Approved Bob Ford was appointed to the canmittee as the third alternate member. Changes in the committee's bylaws were approved. AHFP Qualification On motion by Council Member Hornbuckle, seconded by Vice for 1987-88 Mayor Amburgey, Resolution 87-59, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ESTABLISHING THE QUALIFICATION OF THE CITY OF COSTA MESA Resolution 87-59 FOR PARTICIPATION IN THE ORANGE COUNTY ARTERIAL HIGHWAY Adopted FINANCING PROGRAM FOR FISCAL YEAR 1987-88, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nene ABSENT: COUNCIL MEMBERS: None Salary Increases On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, Resolution 87-60, being A RESOLUTION OF MOTION THE CITY COUNCIL OF THE CITY OF COSTA, MESA, ESTABLISHING Resolution 87-60 THE BASIC PAY SCHEDULE, ESTABLISHING RATES OF PAY FOR Adopted CLASSIFICATION AND EMPLOYEES PLACED UNDER THE BASIC PAY SCHEDULE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nbne ASIS EDIT : COUNCIL MEMBERS: None Bid Item No. 659 Staff requested approval of Amendment No. 2 to the Amended Agreements/ Escrow Agreement and Amendment No. 2 to the Lease/ First Interstate Purchase Agreement dated May 20, 1987, with First Leasing Interstate Leasing, Incorporated, 245 South Los Robles City's ccst as $200.00 per day Avenue, Pasadena, in connection with Bid Item Ne. 659, Juvenile Work extending the agreements through September 30, 1987. Program Because equipment delivery and installation were Amburgey, the agreement was approved by delayed, all funds were not used by the December 31, MOTION 1986, deadline. On motion by Council Member Hornbuckle, Amendments seconded by Vice Mayor Amburgey, the amendments were Approved approved by the following roll call vote: Hall, Amburgey, Wheeler, AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nene NOES: ABSENT: COUNCIL MEMBERS: None 1 Agreement with Staff requested approval of an agreement with the County County of Orange of Orange for the Juvenile Work Program, stipulating the City's ccst as $200.00 per day for a crew of 10 or more Juvenile Work more. On motion by Council Member Hornbuckle, seconded Program by Vice Mayor Amburgey, the agreement was approved by the following roll call vete: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Agreement Hornbuckle, Buffa Approved NOES: COUNCIL MEMBERS: Nene ABSENT: COUNCIL MEMBERS: None Design of West 19th On motion by Council Member Hornbuckle, seconded by Vice Street Widening Mayor Amburgey, the following action was taken concerning design of the West 19th Street widening between Park and Redevelopment Anaheim Avenues: Agency/Lincoln Properties Addendum No. 3 to the agreement with the Costa Mesa Redevelopment Agency and Lincoln Property Company,, MOTION 16152 Beach Boulevard, -Suite 140 East, Huntington Addendum No. 3 Beach, to include the design, was approved. Approved Letter agreement with Lincoln Property Company, MOTION providing for reimbursement of approximately Letter Agreement $28,280.00 by the City for the design work, was Approved approved and the City Manager was authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 2 The Director of Leisure Services requested approval of Zagros Company Change Order No. 2 for $7,195.00, to the contract with Zagros Company, 30 Wintersweet Way, Irvine, for the Rea Improvements at Community Center Improvements. Most of the changes Rea Center are for additional concrete and A. C. work ( removal and replacement). On motion by Council Member Hornbuckle, MOTION seconded by Vice Mayor Amburgey, the change order was Change Order approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: Norte Change Order No. 2 The Director of Public Services requested approval of Hekimian and Change Order No. 2 for $12,000.00, to the contract with Associates Hekimian and Associates, Incorporated, 15142 Goldenwest Circle, Westminster, for Bid Item No. 745, Revision A, Bid Item No. 745, Remove and Replace Five Underground Storage Tanks; and Revision A, Replace Budget Adjustment No. 88-05 for $12,000.00. The change Storage Tanks order is for removal, closure, and disposal of one fuel tank located at the Baker Street fire station. On Budget Adjustment motion by Council Member Hornbuckle, seconded by Vice No. 88-05 Mayor Amburgey, the change order and budget adjustment %ere approved by the following roll call vote: MOTIOWChange Order AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, and Budget Hornbuckle, Buffa Adjustment Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ibne Budget Adjustment On motion by Council Member Hornbuckle, seconded by No. 88-03 Vice Mayor Amburgey, Budget Adjustment No. 88-03 for $330,000.00, for the North Costa Mesa Arterial Improve - MOTION ment Study, was approved by the following roll call Adjustment vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Dbne ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Hornbuckle, seconded by No. 88-04 Vice Mayor Amburgey,. Budget Adjustment Ne. 88-04 for $68,000.00, to construct a bike trail from Mesa Drive MOTION to Vanguard Way, and to cancel a $20,000.00 appropria- Adjustment tion for design of a bike trail from Mesa Drive to Approved Fairview Road, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Vhieeler, Fbrnbuckle, Buffa Abne None Notice of Completion The Storm Dain System arra Street Reconstruction for JWM Engineering Victoria Street between Pomona and Placentia Avenues MOTION has been completed t, the satisfaction of the Director Victoria Street of Public Services by JWM Engineering, Incorporated, Storm Drain 18226-A McDermott West, Irvine. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the MOTION work was accepted; the Clerk was authorized to file a Work Accepted Notice of Completion; authorization was given to release retention funds 35 days thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Parking Prohibition Hornbuckle, Buffa on Hamilton Street NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion The Tustin Avenue -19th Street Storm Drain has been Prlich and Sons completed to the satisfaction of the Director of Public Services by Mike Prlich and Sons, 9316 Klingerman Tustirr19th Stone Avenue, South E1 Monte. On motion by Council Member Dain Fbrnbuckle, seconded by Vice Mayor Amburgey, the work was accepted; the Clerk was authorized to file a Notice MOTION of Completion; authorization was given to release Work Accepted remaining retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exoner- ated 12 rmnths thereafter. The motion carried by the following roll call wte: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Fbrnbuckle, Buffa NOES: COUNCIL MEMBERS: Dbne ABSENT: COUNCIL MEMBERS: None Stop Signs at The Traffic Commission recommended that stop signs be Airway/Baker/Ike installed on Airway Avenue at Baker Street/Ike Jones Jones Road Road. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, Resolution 87-61, being A MOTION RESOLUTION OF THE.CITY COUNCIL OF THE CITY OF COSTA Resolution 87-61 MESA, CALIFORNIA, AUTHORIZING INSTALLATION OF STOP SIGNS Adopted ON AIRWAY AVENUE AT BAKER STREET/IKE JONES ROAD, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nine ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission recommended parking prohibition on Coolidge Avenue at all times aloud the northerly and southerly sides 1 [1 of the medians on Coolidge.Avenue between Baker Street MOTION and Paularino Avenue. On motion by Council Member Resolution 87-62 Hornbuckle, seconded by Vice Mayor Amburgey, Resolution Adopted 87-62, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION CF COOLIDGE AVENUE, was adopted by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission recommended parking prohibition on Hamilton Street at all times along the southerly curb of Hamilton Street from Harbor Boulevard westerly to Meyer Place. On 1 [1 En MOTION motion by Council Member Hornbuckle, seconded by Vice Resolution 87-63 Mayor Amburgey, Resolution 87-63, being A RESOLUTION OF Adopted THE CITY�-COUNCIL CF THE CITY CF OOSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF HAMILTON STREET, was adopted by the .following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tbeeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The 'Traffic Commission recommended parking prohibition on Charle Street along both curbs of Charle Street between Hamilton Street and Bernard Street for the purpose of street sweeping.. On motion by Council Member Hornbuckle, MOTION seconded by Vice Mayor Amburgey, Resolution 87-64, Resolution 87-64 being A RESOLUTION CF THE CITY COUNCIL OF THE CITY OF Adopted COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON TUESDAYS BETWEEN 6:00 A.M. AND 8:00 A.M. ON A PORTION CF CHARLE STREET FCR THE PURPOSE CF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission recommended parking prohibition on James Street along both curbs of James Street between Pomona and Wallace Avenues for. the purpose of street sweeping. On MOTION motion by Council Member Hornbuckle, seconded by Vice Resolution 87-65 Mayor Amburgey, Resolution 87-65, being A RESOLUTION OF Adopted THE CITY COUNCIL CF THE CITY CF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON WEDNESDAYS BETWEEN 8:00 A.M. AND 10:00 A.M. ON A PORTION CF JAMES STREET FOR THE PURPOSE CF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Vdheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking ' Prohibit ion The Traffic Commission recommended parking prohibition on'Wallace Avenue along both curbs of Wallace Avenue between West 18th Street and Shalimar Drive for the purpose of street MOTION sweeping. On motion by Council Member Hornbuckle, Resolution 87-66 seconded by Vice Mayor Amburgey, Resolution 87-66, being Adopted A RESOLUTION CF THE CITY COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON WEDNESDAYS BETWEEN 8:00 A.M. AND 10:00 A.M. ON A PORTION OF VIALIACE AVENUE FCR THE PURPOSE CF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Walls and Medians Item 3 on the Consent Calendar was presented: Letter in Mesa Verde from John W. De Witt, President, Mesa Verde Homeowners Association, Post Office Box 4102, Costa Mesa, concern- ing establishment of an Assessment District to fund construction of walls and landscaped medians within Mesa Verde. Council Member Buffa was concerned about this item because details for an Assessment District have not yet been cbtenmined. The City Manager commented that the Council is in the process of establishing a policy for construction of walls, and homeowners should be aware of the cast of an Assessment District before the procedure commences. He reported that the Leisure Services Director can prepare a report and make a recommendation after the policy for block walls is adopted. During discussion concerning development of a notifica- tion procedure by the Leisure Services Director, Council Member Buffa asked if Council could see the notification :before it is mailed. Vice Mayor Amburgey suggested -discussing this matter at a Town Hall meeting in Mesa Verde after a -report has been completed. Council, Member Hornbuckle was concerned with the state- ment in Mr. De Witt's letter indicating that the City has,pledged 50 percent funding towards wall construc- tion. She wanted to emphasize that this is not an accurate statement since the Council has not yet adopted a block wall policy. MOTION On motion by Council Member Hornbuckle, seconded by Vice Staff Directed to Mayor.Amburgey, and carried 5-0, the Director of Leisure Prepare a Report Services was directed to prepare a report concerning the request from the Mesa Verde Homeowners Association. Freeway Development Item 13 on the Consent Calendar was presented: A Proposal from the resolution regarding a freeway development proposal to Automobile Club the year 2000 from the Automobile Club of Southern California. Council Member Buffa commended the Auto Club -for its areawide proposal, and suggested that other large companies slow the same concern. Council Member [xheeler commented that because he did not remember receiving the proposal, and it was not resub- mitted for this meeting, he could not vote in favor of the resolution.. MOTION On motion by Council Member Buffa, seconded by Vice Resolution 87-67 Mayor Anburgey,,Resolution 87-67, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOIIIA, REGARDIN3 A FREEWAY IEVELOPMENT PROPOSAL TO THE YEAR 2000 FROM THE AUTOMOBILE CLUE, OF SOUTHERN CALIFORNIA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: . Tnheeler ABSENT: COUNCIL MEMBERS: None Authorizing Certain Item 16 on the Consent Calendar was presented: A Employees to Issue resolution authorizing certain nonsafety employees in Citations the Public Services Department to enforce violations of Costa Mesa Municipal Code Section.15 pertaining to public works. Mark Norando, 582 Park Drive, Costa Mesa, asked if these would be the new employees who will be hired for report writing.. The City Manager responded that these are employees in the Engineering Division who are currently responsi- ble for administering construction projects. Title 15 of the Municipal Code sets forth certain controls with which contractors and others must comply. The cita- tion authority would allow these Employees to write citations for infractions while they are in the field, rather than hawing to wait fora Code Enforcement Officer to perform that task. MOTION On motion by Council Member Hornbuckle, seconded by Resolution 87-68 Council 'Member Buffa, Resolution 87-68, being A RESOLD- Adopted- TION -(F ,THE CITY COUNCIL -CF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING ENUMERATED EMPLOYEES TO ISSUE INFRACTION.CITATIONS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, HQrnbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Parking.Prohibition Item 21(e) on the Consent Calendar was presented: A on Killybrooke Lane recommendation fran.-the Traffic Commission to prohibit parking along both curbs of Killybrooke Lane frau Baker Street northerly fbr' 500 feet, for the purpose of street. sweeping. A letter was received from Joan Morrow, 3023 Royce Lane, Costa Mesa, suggesting that all north/south streets be swept .at one time, and east/west streets at another time. A petition containing '38 signatures was received sug- gesting two options: (1) north/south streets swept on one day, and east/west streets on another day; (2) one side of'street swept on one day, and the other side on' another'day. ..Doug Morrow, 3023 Royce Lane,'stated that this is not a problem for Killybrooke Lane only, but it affects seven other streets off Baker Street between Harbor Boulevard and Fairview Road'. He recommended sweeping residential streets ori a day other. than the day Baker Street is swept. MOTION 'Council Member Wheeler made .a motion, seconded .by Mayor Killybrooke " Hall,, to hold the Killybrooke LLane "street sweeping Sweeping Held in abeyance until Council receives a copy of the Traffic in Abeyance Commission minutes, with the possibility of changing the street 'sweeping tune so that it is not done on the same day as Baker Street. Council Member Hornbuckle pointed out that she had read the Traffic Commission minutes and it seemed that there was little opposition at that meeting, and suggested referring this item back to the Traffic Commission. AMENDED MOTION Council Member Wheeler amended his motion by referring Referred.Back this item to the Traffic Commission for re-evaluation to Traffic under the new City street sweeping standards. The Commission amended motion was seconded by Mayor Hall, arra carried 5-0. Council. Member Hornbuckle suggested that staff notify Mr. and"Mrs. Morrow of the Traffic Commission hearing so that they could notify those people who signed the petition. OLD BUSINESS The Deputy Clerk presented for second reading and adop- tion, Ordinance 82-10, being AN ORDINANCE OF THE CITY R-82-02 `COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING Kobor THE ZONING CF LOT 4, BLOCK F, BERRY TRACT; AND PORTIONS OF LOTS 9,..10, AND 11 OF TRACT 3897 FROM R3 TO R4, in Ordinance 82-10 connection with Rezone Petition R-82-02, George Kobor, for property located at 2881 and 2891 Bear Street. The Development Services Director reported that in 1982 the ordinance was given first reading with second read- ing eading and adoption being delayed until the lots were legally combined. Council Member Hornbuckle felt uncomfortable voting on the ordinance because the request is five years old and she has not had the opportunity to review the project. She recommended adopting a time -limitation between first reading and adoption of an ordinance. Responding to Council Member Buffa, the Director stated that staff could have the staff reports for Rezone Petition R-82-02 available within 30 days. The applicant was not present. MOTION . A motion was made by Council Member Buffa, seconded.by Continued to Council. Member Hornbuckle, and carried 5-0, continuing August 3, 1987 this item to August 3, 1987, so that staff could provide the necessary reports fior the project. Council Member Wheeler also requested staff to provide an update of the zoning for surrounding properties. Ordinance 86-2 The Deputy Clerk presented Ordinance 86-2 regarding Concurrent Sale concurrent sale of alcoholic beverages and gasoline. of _Alcoholic Beverages and The City Manager referred to his memorandum of July 2, Gasoline 1987. Staff has requested direction from Council to either retain the existing ordinance and enforce it, or initiate action to repeal the ordinance. In addition to these options, the City Manager suggested a third option: Direct staff to redraft Ordinance 86-2 so that it will concur with Assembly Bill 937.. Tbdd Amspoker, Attorney for Food arra Fuel Retailers for Econonic Equality (FREE) aril Thrifty Oil Company, stated that AB 937 is now being considered by the State Senate, and approval is expected. Mr. Amspoker asserted that passage of AB 937 will eliminate -the need for Ordinance 86-2. Council Member Hornbuckle noted that AB 937 is only effective until -January 1, 1990. Mr. Amspoker replied that this is an interim provision to see how effective the regulation will be. Al Johnson, Thrifty Oil Company, 10000 Lakewood Boule- vard; Downey, urged the Council to repeal Ordinance 86-2 because of its adverse affect on property rights. He mentionedthe drastic reduction of business:at two sites:- Newport Boulevard/Bay Street and Baker Street/ Randolph Avenue. Responding to Council Member Wheeler's question, Mr. Johnson responded that Thrifty Oil Company will dismiss the pending litigation with no cost to the City if Ordinance 86-2 were repealed. Mr. Amspoker stated that FREE also agrees with that stipulation. Russell Fontaine, 4901 Burgundy Drive, Oakley, Cali- fornia,,Research Analyst on alcoholic beverages,:stated that he was unable to answer.certain questions from the Council:at the Study Session of.May 11, 1987, and he was present this evening to respond to those inquiries. Mr. Fontaine reported that according to a study done by Dr. Larry Berg, 46 pereent'of people who make alcoholic beverage ,purchases do drink and drive regardless of the location -.of the purchase. Two percent of these people arrested.for driving under the influence (DUI) have purchased the alcoholic beverages from a mini mart/ gasoline station business. Bars have the largest percentage of alcoholic beverage purchases for outside - the -home consumption; supermarkets have the largest 1 percentage of.. purchases for at-home consumption. Mr. Fontaine,.contended that -the least guilty purchase loca- tion it olving DUI is a,: convenience store/gasoline stationbusiness. Michael Nutter, 3469-Plumeria Place, Costa Mesa, was in favor of -retaining Ordinance 86-2 until it is pre- empted by AB 937. 1 w. Sid Soffer, 900 Arbor Street, Costa Mesa, was in favor of -repealing Ordinance 86-2. MOTION Rescind Ordinance A.nntion was made by,Vice Mayor Pmburgey, seconded.by 86-2; Initiate New Mayor'Hall, to rescind Ordinance 86-2 and initiate an Ordinance Reflecting 'ordinance reflecting AB 937. AB 937 Council Member Buffa cpposed the motion because he felt AB 937'erodes local authority. He contended that if the bill passes, -'the City could not prohibit the sale of gasoline/alccholic beverages at the same site. Council Member Hornbuckle agreed with the concerns voiced by Council Member Buffa. She also commented that if the Council does adopt a new ordinance, it should not include.a. tenni-nation-date. Later, Council Member Hornbuckle emphasized that she would not support the motiom since it includes recission of Ordinance 86-2; however, she would support a motion which stated that the present ordinance would be redrafted to reflect AB 937 Council Member Vheeler stated .that he would oppose the motion because it does not go far enough. He supported complete repeal of .Ordinance. 86-2. AMENDED, MOTION Amend 20rdinanee Vice Mayor Anburgey amended his motion: Amend Ordinance 86-2 -to. Conform 86-2 to. conform with AB 937.. The amended motion was with AB 937 seconded by Mayor Hall. Responding to Council Member Wheeler's request for c larif icat ion, Mr. Amspoker and Mr. Johnson agreed to dismiss the lawsuit at no cost to the City if the new ordinance substantially conforms to ,AB 937. The motion carried 3-2, Council Members Wheeler and Buffa voting no. Study of Permitted The Deputy Clerk presented frau the meeting of April 6, .Uses.in Industrial 1987, a study concerning permitted uses in Industrial Zones Zones. Council Member Wheeler suggested permitting all noir retail.uses in'the Industrial Zone. Sid Soffer, 900 Arbor Street, -Costa Mesa, concurred with Council Member Wheeler's recommendation. Council Member Hornbuckle preferred staff's Reccmmenda- tion No. 2 contained in thememorandumof June 30, 1987: "Evaluate the balance of:canmercial and industrial land uses within the overall context.-cf the revised General Plan'-. MOTION Evaluate Balance A motion was made by Council Member Hornbuckle approving of Commercial/ Recanmendation No. 2 as stated in the above paragraph; Industrial; Allow allowing auto detailing and outdoor work, as well as Auto Detailing and canmercial office uses with little or no customer Outdoor Work and traffic. The motion was seconded by Council Member . Certain Office Uses Wheeler, and carried 5=0. Literacy Center The Deputy Clerk presented from the meeting of June 1, 1987, establishment of a Literacy Center. Council Member Buffa referred to his memorandum dated July 2, 1987, and recommended establishment of a "literacy hotline" with recorded messages in English, Spanish, and Vietnamese. Council Member Buffa also suggested a Literacy Information Sheet containing data on available classes. He estimated an initial cost of $1,000.00, and $100.00 per month thereafter. Council Member Buffa stated that after approximately six months, a more definite picture of the extent of the need for such a center can be determined. Council.Member Hornbuckle was not in favor of the City getting involved, stating that it is not an appropriate role for the City. She believed the hotline program should be_a function of the libraries. Council Member Hornbuckle reported that the school district is attempt- ing to meet the needs of the illiterate at the Davis Middle School site. Vice.Mayor Amburgey expressed agreement with Council Member.Hornbuckle, stating that the literacy issue should be a school district or library program, but if these entities were not anxious to provide the services, the City should go forward with a literacy program. MOTION A motion was made by Council Member Buffa directing the Directed Staff to City Manager to provide a simple one-page Information Provide Information Sheet that identifies available adult literacy programs; Sheet and Establish to establish a hotline in English, Spanish, and Viet- Hotline ietHotline namese, for a total cost not to exceed $1,500.00; and directing staff to report back to Council six months after the hotline has been installed advising of the number ,of calls received. The motion was seconded by Council Member Wheeler, and carried 4-1, Council Member Hornbuckle voting no. VARRANTS On motion by Council Member Buffa, seconded by Council Member Wheeler, Warrant Resolution 1362, including MOTION Payrolls 8712 and 8713, and Warrant Resolution 1363 were Warrants 1362 approved by the following roll call vote: arra 1363 -Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: tbne ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 9:00 p.m., and the meet- ing reconvened at 9:10 p.m. CITY ATTORNEY The City Attorney presented his request for authoriza- REPORTS tion to settle the subrogation claim from Mercury Insurance Grcup/Toan Tan Nguyen as outlined in the Mercury/Nguyen confidential mmorandum dated June 29, 1987. Claim On motion by Council Member Wheeler, seconded by Council MOTION Member Buffa, authorization was given to settle the Settlement claim.as detailed in the aforementioned memorandum. The Authorized motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None Request for Closed The City Attorney requested a closed session, authorized Session by. Government Code Section 54956.9(a), to discuss pend- ing litigation. The Mayor responded that closed session will be held after the close of regular business. Item Taken Out of The Mayor announced that the next item was being taken .Order out of order so that the consultants present for Public Hearing No. 6 could make their scheduled airplane flight. PUBLIC HEARING The Deputy Clerk announced the public hearing to discuss Redevelopment the Costa Mesa Redevelopment Agency Downtown Redevelop - Agency Downtown ment Project.1987 Tax Allocation Refunding Bonds. The Project .1987 Tax Affidavit of Publication is on file in the Clerk's Bonds office. Db communications were received. Issuance of the bonds is for the purpose of refunding the Agency's outstanding Downtown Redevelopment Project Tax Allocation Bonds, Series 1984, in the amount of $4,715,000.00, and to refund an amount not to exceed $5,000,000.00 in principal of the Agency's note to the City of Costa Mesa. There being no speakers, the Mayor closed the public heari nag . MOTION On motion by Council Member Buffa, seconded by Council Resolution 87-69 Member feeler, Resolution 87-69, being A RESOLUTION OF Adopted .THE CITY COUNCIL OF.THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE CITY OF COSTA MESA OF ITS DOWNTOWN REDEVELOPMENT PROJECT, 1987 TAX ALLOCATION REFUNDING BONDS, IN A PRINCIPAL AMOUNT NOT TO EXCEED $9,250,000.00, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, feeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT.: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented a resolution establishing the REPORTS_ classification of Communications Operations Manager. The duties of the new classification are detailed in the Communications City Manager's memorandum dated June 29, 1987. Operations Manager On motion by Vice Mayor Amburgey, seconded by Council MOTION Member Uieeler, Resolution 87-70, being A RESOLUTION OF Resolution 87-70 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted AMENDING RESOLUTION NO. 86-96 AND ADOPTING A CLASSIFICA- TION UNDER THE EXECUTIVE SALARY SCHEDULE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, feeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Installation of The City Manager presented a recanmendation to disburse Video `System in $145,000.00 to Copley/Colony Cablevision of Costa Mesa, Council Chambers Incorporated,, 200 Paularino Avenue, Costa Mesa, for by Copley/Colony construction of a video production system in the Council Chambers and installation of wiring in the City Hall complex. The project was previously discussed at a Council Study Session, and details are contained in memoranda from the Communications Director dated June 9 and June 25, 1987. MOTION Disbursement of On motion by Council Member Buffa, seconded by Council Funds Approved Member feeler, disbursement of $145,000.00 to Copley/ Colony for the aforementioned project was approved by the following roll call wte: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 11-0 Agreement with The City Manager presented an agreement with Continental Continental. Construction Technology Corporation, 217 East Alameda Constructian Avenue, Suite 215, Burbank, for consulting inspection Technology services. Consulting The City Manager summarized his memorandum dated July 2, Inspection 1987. Within the past two months, two City Building Services Division inspectors have suffered on-the-job accidents, and a third inspector's illness has not been determined as yet. In order to properly service building inspec- tion requests, it will be necessary to hire three temporary contract inspectors to replace the disabled employees. Council Member Wheeler stated he had severe reservations about contracting out inspection services because it is a particular field that is rife with the opportunity for bribes and pay-offs at job sites, and the City does lose some control on how inspections are performed. Under the circumstances, Council Member Wheeler reluctantly agreed to vote to approve the contract. MOTION On motion by Vice Mayor Amburgey, seconded by Council Contract Member Hornbuckle, the contract with Continental Approved Construction Technology was approved by the following roll call vete: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nene ABSENT: COUNCIL MEMBERS: None PUBLIC HEARINGS The Deputy Clerk announced the public hearings for GP -87 2A and Lawrence Campeau and James G. .White Jr., 2925 College R-87-02 Avenue, Suite A-31 Costa Mesa, authorized agents for Caaupeau/Mite/ Frank W. and Jean K. Skinner, Post Office Box 11238, Skinner Costa Mesa, for property located at 817 Victoria Street: General Plan Amendment GP -87-2A, to change the land use designation from Low Density Residential to Medium Density Residential; Rezone Petition R-87-02, to rezone from Rl to R2. Environmental Dete rminat ion : Negative Dec larat ion . The Affidavit of _Publication is on file in the Clerk's off ice . N:) commun icat ions %ere received. The Development Services Director reviewed the Staff Report. Four options are shown in the report, Option IV being the request made by the applicant: Medium Density land use designation and R2 zoning. The Planning Commission and Planning staff recommended approval of General Plan Amendment GP -87-2A, Option IV, as well as approval of Rezone Petition R-87-02. Lawrence Campeau, Authorized Agent, reported that the applicant is willing to dedicate 28 feet for the Victoria Street widening; of the 20 to 25 oak trees on the property, all but 4 or 5 will be retained; and a 25 -foot sideyard setback has been proposed between the subject property and the single-family residences. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the request. There being no other speakers, the Mayor closed the public hearing. In answer to a question frau Council Member Hornbuckle, the Development Services Director reported that the proposed project would generate approximately 96 trip ends per day. Council Member Wheeler opposed the request because he believed it was inconsistent zoning, was detrimental to the Rl properties', and would adversely impact traffic in the area.. Council Member Buffa was of the opinion that the site is not appropriate .for R1 zoning, and the applicant's proposal would upgrade the neighborhood. Vice Mayor Amburgey agreed with Council Member Buffa's cc ments, adding that R2 zoning would be better than Cl. Council Member Hornbuckle opposed the request because of the additional trip ends it would generate. MOTION. On motion by Council Member Buffa, seconded by Vice Resolution 87-71 Mayor Anburgey, the following action was taken: Adopted; Ordinance 87-15 Given First " The Negative Declaration of Environmental Impact was Reading adopted;. Resolution 87 -71, -being A RESOLUTION OF THE CITY COUNCIL OF -THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -87-A2, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, approv- ing Option IV, was adopted; arra Ordinance 87-15, being COUNCIL OF THE CITY OF CHANGING THE ZONING OF TO R2, was given first reading. AN ORDINANCE OF THE CITY ODSTA MESA, CALIFORNIA, 817 VICTORIA STREET FROM R1 reading and passed to second The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler, Hornbuckle ABSENT: ,COUNCIL MEMBERS: Ibne ..PUBLIC HEARING The Deputy Clerk announced the public hearing to rehear Rehearing of Planning. Action PA -87-89 requested by Robert Miller, 830 PA -87-89 Governor Street, Costa Mesa, for a variance frcan side Miller setback requirements for an addition to an existing sinrglefamily residence, located at the above address in an R1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No . camun icat ions ware received. Since Council had already considered this project on June 1, 1987, a presentation by the Development Services Director was not necessary. Robert Miller reported.that Sid Soffer would speak for him regarding .variance findings. _Sid Soffer, 900 Arbor Street, Costa Mesa, contended that the City is not using the proper basis to approve or deny a variance. He read.from the Government Code which indicates that a variance frau the zoning ordinance shall only be granted when there are special circum- stances applicable to the property including size, shape, topography, location, or surroundings. The City Attorney ccmmented that pursuant to the Government Code, when a variance is granted, findings must indicate that the variance does not grant a privi- lege.to that property which is not shared by other properties in the area as it relates to size, shape, topography, location, or surroundings. Mr. Soffer argued that it puts an unfair burden on the applicant.. He proposed that a special circumstance for this site would be that the more pleasing applicant's property becomes, the more incentive there will be for others in the area to upgrade their properties. Mr. Soffer also mentioned that a three-foot side setback would be acceptable to Mr. Miller. A two -foot setback had been proposed. There being no other speakers, the Mayor closed the public hearing.. MOTION A nDtion was made by Vice Mayor Pmburgey, seconded by PA -87-89 Council Member Wheeler, upholding the Planning Cammis- Denied sion's and the Council's denial of Planning Action PA -87-89. The motion carried 3-2, Council Members Hall and Buffa voting no. PUBLIC HEARING The Deputy Clerk announced the public hearing to rehear Rehearing of Planning Action PA -87-52, requested by Christine Lopez, PA -87-52 American International Leasing, 2138 Newport Boulevard, American Costa Mesa, in connection with the Council's approval International of an auto leasing business, denial of display of Leasing vehicles, and reinstatement of previously deleted conditions and Code provisions. Environmental Deter- mination: Exempt. The Affidavit of Mailing is on file in the Clerk's off ice . Db carnnun icat ions were received. The Development Services Director reviewed previous actions by the Planning Ccmmission and the Council. On April 27, 1987, the Planning Canmission approved the auto leasing business, denied outdoor display of vehicles along Newport Boulevard, and waived conditions concerning landscaping requirements. On June 1, 1987, the Council approved the auto leasing business, denied outdoor display of vehicles, and rein- stated Condition No. 2 and Ordinance Provis ions Nos. 2 and 3 relating to installation of a 10 -foot front land- scaped setback. Ms. J. J. Jezowski, representing American International Leasing, stated that she.did not know why their repre- sentative (Gershon Berger) was not present at the June 1 Council meeting, and reported that he is no longer an employee cf the canpany. Ms. Jezowski submitted several photographs of the subject site and spoke in support of allowing display of vehicles along Newport Boulevard, and waiving the requirement for the 10 -foot planter. While answering questions from the Council, Ms. Jezowski stated that the business moved to the subject location in December, 1986, arra the business will be moving when the lease expires at the end of 1987. Ms. Jezowski asserted that the vehicles are not an eyesore and would not block the view of.drivers entering or exiting New- port Boulevard. She requested that display of vehicles be allowed until the end of the year. Frank Russ, 2140 Newport Boulevard, stated that it is very difficult to exit his driveway when vehicles are displayed at the front of the subject site. Ther e:beinf no other speakers, the Mayor closed the public ,hearing. . Auto Leasingby Mayor Hall, upholding Council's previous decision for Approved;.Outdoor Planning Action PA-87-52.by allowing the auto leasing Display .Denied: business, denying,'the outdoor display of vehicles, but Waived .Condit ions. waiving Condition of.Approval No. 2, arra .Code Provision for Landscaping, Nos 2 and 3, relating to the landscaped setback. Council Member Buffa suggested amending the motion by adding that staff shall inspect the site by January 30, 1988! and if the -business is still there, landscaping conditions shall be reinstated. AMENDED MOTION.. Council Member Hornbuckle responded that in lieu of Approval Limited Council Member Buffa's suggestion, she preferred to to Six�Months approve the leasing business for six months only, and so amended.her motion. Council Member Wheeler opposed the motion because he believed the landscaping conditions should be retained. MOTION Continued to July 20, 1987: PUBLIC HEARING ,Appeal of PA -87-99 Steiner Staff recammended continuing this item for two weeks sine the Planning Commission action does not becane final until seven days after Redevelopment Agency action. The application is scheduled for the Agency meeting of July 8, 1987. Sid.Soffer, 900 Arbor Street, Costa Mesa, commented on necessary;findings for: approval or denial of variances. On motion by Council'Member Buffa, seconded -by Vice Mayor Amburgey, and carried 5-0, this item was continued to July 20, 1987. The Deputy Clerk announced the public hearing for an appeal of the Planning Cammission's denial of Planning Action PA -87-99 frau Michael Steiner, 336 East 17th Street., Costa Mesa, authorized agent for A. Sandy Steiner,,requesting,a Planned Signing Program for a newly constructed industrial.canplex located at 1560 Superior Avenue, in an MG zone. Environmental Deter - minat ion : Exempt. The Affidavit of Mailing is on file in the Clerk's office. No canmun ications were received. The Development Services: Director reported that the :-applicant proposed three wall signs and one ground sign. Although the site has adequate area to qualify for a ground .sign, i;t- lacks the required frontage of 200 feet. The applicant also proposed two tenants names on the .13 The amended notion carried 4-1, Council Member Wheeler voting no. Council Member Hornbuckle-requested staff to investigate .the. .parking at the site to see if it is adequate. P.UBLIC.HEARING The Deputy Clerk announced the public hearing for an Appeal .of , appeal cf the Planning. Commission's denial of Planning . PA-87-80/RA-87-07 Action PA --87-80; Redevelopment Action RA -87-07, fran Flores/Costa.Mesa Frank .Flores.,.Cceta Mesa Dental Properties, Incorpor- Dental Properties ated.,.1879 Newport Boulevard, Costa Mesa, for variances frau front setback and parking requirements to allow an addition of -approximately. 788 square feet to an existing conmercial building (.Dental Plaza), and a Redevelopment Agency review for property located at 1879 Newport.Boulevard, in a C2 zone. Environmental Deter- minatiom Exempt.. The. Affidavit of Mailing is on file . in the Clerk's office.. No communications were received. MOTION Continued to July 20, 1987: PUBLIC HEARING ,Appeal of PA -87-99 Steiner Staff recammended continuing this item for two weeks sine the Planning Commission action does not becane final until seven days after Redevelopment Agency action. The application is scheduled for the Agency meeting of July 8, 1987. Sid.Soffer, 900 Arbor Street, Costa Mesa, commented on necessary;findings for: approval or denial of variances. On motion by Council'Member Buffa, seconded -by Vice Mayor Amburgey, and carried 5-0, this item was continued to July 20, 1987. The Deputy Clerk announced the public hearing for an appeal of the Planning Cammission's denial of Planning Action PA -87-99 frau Michael Steiner, 336 East 17th Street., Costa Mesa, authorized agent for A. Sandy Steiner,,requesting,a Planned Signing Program for a newly constructed industrial.canplex located at 1560 Superior Avenue, in an MG zone. Environmental Deter - minat ion : Exempt. The Affidavit of Mailing is on file in the Clerk's office. No canmun ications were received. The Development Services: Director reported that the :-applicant proposed three wall signs and one ground sign. Although the site has adequate area to qualify for a ground .sign, i;t- lacks the required frontage of 200 feet. The applicant also proposed two tenants names on the .13 A-1 ground allows proj e sign but the Sign Code for Industrial zones no more than one tenant name or the overall ct name, arra the address. Michael Steiner, authorized agent, expressed his will- ingness to settle for a smaller ground sign (3 feet by 4 feet), maximum height of 5 feet, containing only one tenant name and the address, with the possibility that there may not be a tenant nacre at all. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Amburgey, seconded by Council PA --87-99 Member Hornbuckle, Planning Action PA -87-99 was approved Approved allowing a 12 -square -foot ground sign containing one tenant nacre and the.address, and approving three wall signs, subject to one Condition of Approval and the - Ordinance Provisions contained in the Staff Report. Council Member Wheeler commented that since the Plan- ning Commission has denied similar requests, it was discriminatory to approve this application. Also, if the Council believes this type of request _should be approved, it may be a good idea to change the Planned Signing Program. The motion carried 4-1, Council Member Wheeler voting no. RECESS The Mayor declared a recess at 10:45 p.m., and the meet- ing eeting reconvened at 10:55 p.m. NEW BUSINESS The Deputy Clerk presented a report from the Public Services Department concerning a two-way traffic opera - Two -way Traffic -on tion for westerly Newport Boulevard frontage road from Newport Boulevard Arlington Drive to Bristol Street. Frontage Road The Public Services Director referred to his letter of June 25, 1987, and the Feasibility Study of December, 1986, by Mchle, Grover and Associates, 901 East Imperial Highway, Suite A, La Habra. Staff recommended initiation of a design for the two-way traffic operation. The project would improve east west circulation by providing a new arterial east -west route midway between Baker Street and Fair Drive. Approximate cost of the project would be $250,000..00. The proposal was discussed at a special Traffic Commission meeting held on June 2, 1987.. The Director reported that CALTRANS (California Depart- nent of Transportation) currently maintains the roadway and is concerned about enroachment into its right-of-way; however, he believed this concern could be addressed through a viable design. Lee Dean, 1199 El Camino Drive, Costa Mesa, stated that most of those attending the Traffic Commission meeting were opposed to the project, and suggested further dis- cussion between the City and the homeowners. MOTION A motion was made by Vice Mayor Amburgey, seconded by Authorized Design Council Member Hornbuckle, authorizing initiation of a Initiation; design for the two-way traffic operation; directing Directed Staff to staff to work with residents and the Mesa del Mar Work with Residents; Homeowners Association to address any concerns about Authorized Traffic Presidio Drive during the design process; and authoriz- Impact Study ing a study of the impact of through traffic on the Mesa del Mar Tract, including Presidio Drive alternatives. fl 115 - Responding to questions from Council Member Buffa, the -Public'Services Director stated that after proposals are received _fran; consultants for the design work, the contract must be submitted to Council for -approval. Cost .of .the .design is estimated to be between $23,000.00 and $25,000.00. Score of the reasons Council Member Wheeler opposed the motion: .he believed it would be premature to go ahead with the design before:Council decides whether or not the project will be constructed; CALTRANS has indicated it will not release the necessary right-of-way in this location; and a.study should first be done on how to prevent adverse impacts on the residential neighborhood before the design is authorized. Vice Mayor Amburgey responded that CALTRANS will not give an opinion on -the project until -a design.is sub- mitted, and a design is needed -to intelligently discuss it with homeowner groups to ascertain whether or not there will be any , more traffic on residential streets. The motion as stated -by Vice Mayor Amburgey carried 4-1,: Council Member Wheeler voting no. Investigation of The Deputy Clerk presented a proposal by Council Member 1986 Election Wheeler requesting the Council to ask the Orange County District. Attorney to investigate allegations that there was a.conspiracy to hide development contributions in the 1986 Municipal Election. Council Member Wheeler referred to his memorandum dated July 6, 1987, stating that it sets forth his reasons why he believes it is the duty of the Council to ask the District Attorney's office to investigate financing for the -1986 Election. .He stated that he would answer any questions concerning the contents of the memorandum. Council Member Buffa asked what the objectives were of such an investigation in contrast to the investigation currently being made by the District Attorney. Council.Member Wheeler responded that an investigation would..be.to vindicate the electoral process, that is, to show .that fraud was -not committed during the last .elec- tion. Such an investigation would differ from the -District Attorney's:current.investigation in that the 1 District.Attorney is not actively investigating the matter., It has, been transferred to the Fair Political Practices Canmission (FPPC) and the FPPC often takes. in excess. cf two or three years to complete its investi- gationLs. In the interim, damage to the City and its voters continues. Council Member Wheeler maintained that it -is the duty -of the Council to vindicate the -the political process. if, in fact, the election was a good, clean, open, and fair election, and if not, it is the duty of the Council to uncover any violations of the law which may, have occurred : in the, City's j ur isdict ion . -Sid Soffer.900.Arbor Street, Costa Mesa, stated that he read the memorandum by Council Member Wheeler arra could not understand whether the allegation of a conspiracy was between Assemblyman Ferguson and the developers, or between Assemblyman Ferguson and the Council Members. Council-Mamber-Wheeler responded that the allegation is a conspiracy between Assemblyman Ferguson and Costa Mesa . developers. He explained that the allegation is that the.conspiracy was an illegal agreement between certain 1 developers and Assemblyman Ferguson to channel funds, goods, and services to Council candidates. Council Member.Wheeler contended that.the only way to resolve the matter was to request the District Attorney to investigate. Council Member Buffa pointed out that a complaint was brought to the District Attorney, and after thorough investigation, the canplaint was passed on to the FPPC. It was his understanding that the District Attorney did not clue the files, and to date, there is not enough evidence to bring the complaint to the Grand Jury. Council Member Buffa commented that the memorandum from Council Member Wheeler implies that it is the duty of the Council to ask for an investigation, and if Council does not request the investigation, they are somehow derelict in their duty. He reported that any individual has the right to request an investigation by the District Attorney and can do so by completing a form available from the District Attorney's office and filing the canplaint with that office. Motion to Request A motion was made by Council Member Wheeler to request Investigation by the office of the District Attorney to investigate alle- District Attorney gations that there was a conspiracy to hide developer Failed to Carry_ contributions in the last election. The motion was seconded by Council Member.Buffa, and brief discussion ensued. Council Member Hornbuckle canmented that since the developers reported all their contributions, it seems there was no conspiracy. Also, she was not particularly interested in spending a lot.of time trying to clear Assemblyman Ferguson of any wrongdoing. The motion to request an investigation failed to carry, Council Members Hall, Amburgey, Hornbuckle, arra Buffa voting no. Marina Committee The Deputy Clerk presented a request to form a Marina Committee. MOTION On motion by Council Member Wheeler, seconded by Council Referred to Member Buffa, and carried 5-0, this item was referred to Study Session the Study Session of July 13, 1987, at 2:00 p.m. Council Select The Deputy Clerk.presented a request to form a Council Advisory Committee Select Advisory Committee. MOTION On motion by Mayor Hall, seconded by Council Member Referred to Hornbuckle, and carried 5-0, this item was referred to Study Session the. Study Session of July 13, 1987, at 2:00 p.m. City Membership The Deputy Clerk presented a request for the City to in the Chamber join the Costa,Mesa Chamber of Commerce. of Commerce Vice.Mayor Anburgey referred to his memorandum dated June 19, 1987, in whid7 he recommended that the City join the Chanber of Commerce as an active member. Vice Mayor mentioned that since the Council represents both the residential arra business cammunity, it would be appropriate to become a member of the Chamber. Annual cost for 590 employees is $1,090.00. MOTION A motion was made by Vice Mayor Amburgey, seconded by Approved City Council Member Buffa, approving active membership of the Joining Chamber City in the Costa Mesa Chamber of Commerce at a cost of of Commerce. $1,090.00 per year. f 1 Council Member'Wheeier epposed the motion because he felt it was a conflict of -interest in that two Council Members are on' the Boars of Directors of the Chamber of Canmerce. He stated that as, members of the Chamber, they have a .a duty to maximize the Chamber's financial stability. As members of the.Council, they have a duty to the citizens - tai - save as many dollars as possible. He apposed spending the.money.for annual dues when the City is presently obtaining the Chamber's services at no cost. The.motion approving the City's membership in the Costa Mesa Chamber'of Canmarce carried 4-1, Council Member Wheeler voting no. Allocation. of _ -The Deputy Clerk presented a recommendation from the Cultural Arts Culturai'Arts Committee concerning allocation of Funds cultural arts funds. The City Manager referred to a memorandum dated June 22, 1987, from the Cultural Arts Committee. The Catuni.ttee reccnmended increasing cultural arts allocations from $100,000.00 to'.$168,600.00 which includes $2.0,000.00 for '-'Arts' on the Green" . , . The Manager reported that the City can provida.the funds,for this year; however, he had serious concerns over the City's ability toprovide funds in future years. He.stated that the City must find an additional source of funding for future years which is exempt from the Gann Appropriation Limit. MOTION Approved . Funds for the Arts John D.- Keller, 2753 Samoa Place, Costa Mesa, South Coast Repertory Theatre, thanked the Council for their past financial support of the arts. He urged the Council #o approve the increased funding because the arts are a vital part of the cammunity. Council Member.Buffa was in favor of allocating the funds recommended .by the Cultural Arts Committee ($168.,600.00) ,` and also recommended that an additional $32,000.00 be allocated as,a guarantee for the City's Constitution Bicentennial Celebration on September 20, 1987. Funds will be solicited throughout the City to support the celebration and the donated funds will be used to minimize the $32,000.00 guarantee. A motion was made by Council Member Buffa, seconded by Vice Mayor Mburgey, . approving a total allocation of $168,600.00 for cultural arts for fiscal year 1987-88, $20,000.00 of which shall be specifically allocated .to "Arts -on the Green". After" further discussion, Council Member Wheeler stated that he is opposed-to.using General -Funds for the arts -and suggested raising the transient occupancy tax for arts purposes., Mayor Hall canmented that the transient occupancy tax is also subject /tri the Gann Limitat ion. , , , .CouncilMember-Wheeler-'then-suggested an -amendment to the motion: direct staff to draf-t a measure 'for --the November ballot increasing'the Gann Appropriation'- Limit .in the amount of. a projected one- percent increase in sales taxes to be earmarked for the arts in -;'Crista Mesa. The motion as stated by Council Member-Buffa carried 5-0. 117 lis MOTION A motion was made by Council Member Buffa, seconded by Funds Allocated Mayor Hall, to allocate $31,400.00 of cultural arts for Constitution funds as .a guarantee for a light and sound production, Bicentennial in celebration of the Constitution Bicentennial to be held September 20, 1987, in Town Center, with the under- standing that donations will be solicited from the private sector to minimize the guaranteed funds. Council Member Wheeler asked about the idea of canmis- sioning a piece of art work for permanent display that would cammeimrate the rights guaranteed by the consti- tution. Council Member Buffa replied that the idea is an excel- lent one; however, additional funds would be needed for the -art work. Ibnation by the Vice Mayor Amburgey reported that a young citizen, Executive Club Christopher Munoz, was injured in a hit-and-run acci- dent, there was a fund-raising drive for him, and the City's Executive Club donated $50.00 to the fund. ADJOURNMENT TO At 12:10 a.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Roan to discuss pending litigation. ADJOURNMENT At 12:30 a.m., the Mayor adjourned the meeting to July 7, 1987, at 6:30 p.m., Council Chambers of City hall. Re�eof the Ci y of Costa Mesa ATTEST: ity�. Clerk of the City. of Costa a Council Member Wheeler canmented that he could not support the motion if the funds were only for a light and sound program. The motion to allocate funds for the Constitution Bicentennial celebration, as described by Council Member Buffa carried 4-1, Council Member Wheeler voting no. COUNCILMANIC Council Member Wheeler requested staff investigation COMMENTS of two types of new ordinances to improve traffic flow. Cne.ordinance would deal with mandatory flex hours for Traffic Flow canpanies with a large number of Employees. The other Ordinances ordinance would keep heavy trucks off the streets during rush Yours. He asked that these ordinances be placed on a Study Session Agenda when information is available. The City Manager reported that he, Council Member Buffa, and some of the Public Services staff are serving on the Orange County Transportation Cammission's Trip Advisory Committee, and these options are among others options being investigated. Ibnation by the Vice Mayor Amburgey reported that a young citizen, Executive Club Christopher Munoz, was injured in a hit-and-run acci- dent, there was a fund-raising drive for him, and the City's Executive Club donated $50.00 to the fund. ADJOURNMENT TO At 12:10 a.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Roan to discuss pending litigation. ADJOURNMENT At 12:30 a.m., the Mayor adjourned the meeting to July 7, 1987, at 6:30 p.m., Council Chambers of City hall. Re�eof the Ci y of Costa Mesa ATTEST: ity�. Clerk of the City. of Costa a