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HomeMy WebLinkAbout09/21/1987 - City Council1--- rL REGULAR MSETING CF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 21, 1987 The City Council of the City of Costa Mesa, California, met in regular session September 21, 1987, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Robert Ewing, South Coast Christian Church. ROLL CALL Council Members Present: Hall, Amburgey, Wheeler, Hor-nbuckle,".. Buffa MINUTES September 8, 1987 ORDINANCES Council Members Absent: 'None Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk On motion by Council Member Wheeler, seconded by Council Member Buffa, and carried 5-0, the minutes of the regular meeting of September 8, 1987, were approved. A motion was made by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, to read all ordinances by title only. PROCLAMATION Mayor Hall read a proclamation declaring September 29, Brian Linen Day 1987, as "Brian Linen Day" and presented the document to him. Brian's mother thanked everyone in Costa Mesa, especially Troop No. 80, for their support through this tine in Brian's life. Mayor Hall recognized the boys from Boy Scout Troop No. 80 in the audience and thanked them for attending the meeting. PROCLAMATION Mayor Hall read a proclamation declaring October, 1987, Escrow Month as "Escrow Month". The document was presented to Marion Chambers, Senior Director, California Escrow Association, who thanked Council on behalf of the association, its affiliates and all of the people involved in the escrow industry. ORAL Gladys Diggins, 2151 American Avenue, Costa Mesa, asked COMMUNICATIONS that something be done about the numerous trucks and their speed on Victoria Street. Truck Routes The Director of Public Services reported that the Traffic Commission is investigating truck routes arra parking and will be making recommendations to Council on this matter. Mayor Hall requested the Director of Public Services forward a copy of the report to Mrs. Diggins when it becomes available. Senior Center Marie Maples, 461 Swarthmore Lane, Costa Mesa, Chairwoman for the Senior Committee, presented a petition with 356 signatures requesting a Senior Center in Costa Mesa now, and respectfully reminding Council that such a center was first mentioned in 1975. She then presented the seniors' views on the subject. Council thanked Mrs. Maples for her excellent presentation. 1 Council Member Hornbuckle reported that a progress up- date from the Senior Advisory Committee, a nonprofit corporation appointed by the City Council, will be made in the next issue of the City's Newsletter. This non- profit corporation will be overseeing the construction and occupation of the Senior Multi -Purpose Center. She then presented an update on what has been accomplished by the various concerned committees, and said that the City is giving $100,000.00 to the Senior Advisory Com- mittee for commencing the Senior Center Project. Council Member Wheeler acknowledged the seniors in the audience and stated Council regards this subject as one of their highest priorities. Paularino Avenue Elsie May Deeter, 3067 Yellowstone Drive, Costa Mesa, Density and Traffic requested Council relieve the burdens of the citizens aggressively. She indicated the people in Mesa North should have been able to respond to the rezoning of the property located at 801 Paularino Avenue for the Paularino Avenue Apartments, and additional traffic. She indicated lack of notification. Mrs. Deeter also spoke about increased truck traffic on Paularino Avenue, which is posted. At Mayor Hall's request, the Director of Public Services reported on various improvements to Paularino Avenue in the vicinity of Bristol Street. Jean Park, 789 Paularino Avenue, Costa Mesa, spoke about the lack of notification for the development at 801 Paularino AvenLe and that the citizens in the area did not have an opportunity to participate in the decision to rezone the property. Staff was directed to investigate and prepare a report addresssing all of the concerns expressed by Elsie May Deeter and Jean Park arra to forward a copy of the report to them when it becomes available. Council Chamber Louise Kowalski, 962 JoAnn Street, Costa Mesa, thanked Lighting the City Manager for adding additional lighting in the rear of the Council Chambers where back-up papers for the Council meetings are kept. Consent Calendar Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about Back -Up Papers the approximate $2 million represented on the Consent Calendar this evening and said this amount of money warrants a staff report available for the public. Note: Two sets of back-up papers for Consent Calendar items and the balance of the agenda are in three-ring binders located at the main entrance to the Council Chambers for perusal by the public. CONSENT CALENrAR The following items were removed from the Consent Calendar: Item 2(d), Claim from Kathryn A. Cole; Item 3(j), Contract for construction of Civic Center Fire Station; Item 4, Contract Award for the Bear Street Pedestrian Bridge Study; Item 11, Resolution approving Route 55 Maintenance Agreement with the State of California; Item 13, Resolution adopting the Arterial Highway Wall Master Plan, as amended. 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, T,heeler, Fbrnbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLLER 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: Law offices of Silvas and Eaton, for Grand American Fare, Incorpor- ated, dba Chester Drawers; Robert Gumbiner; Steve Stromberg; Jack Park; Attorney Milena Jirovec for Blanka Jirovec. Public Notice from the Public Utilities Commission advising Utilities that Southern California Edison Company has filed Cenanission Application No. 87-08-054, requesting authority to increase rates charged for electric service to recover costs of owning, operating, arra maintaining Palo Verde Nuclear Generating Station Unit 3. REJECTED CLAIMS On motion by Council Member Hornbuckle, seconded by Vice 'brres Mayor Amburgey, and carried 5-0, the claim from Hector Torres and Maria E. Torres was rejected. Wagner On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from Attorney Larry E. Land for Bryan Irwin Wagner was rejected. Besneatte On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim frau Attorney Dane A. Besneatte for Lonnie James Besneatte was rejected. Minto On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from Danielle Minto was rejected. Pacific Bell On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from Pacific Bell was rejected. Webb On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from Daniel Lee and Tonj a Webb was rejected. ADMINISTRATIVE Bids received for Bid Item No. 773, Lease/Purchase Rates ACTIONS for Equipment, are on file in the Clerk's office. On motion by Council Member Hornbuckle, seconded by Vice Bid Item No. 773 Mayor Amburgey, the contract for a helicopter and a Lease/Purchase computer for the Police Department was awarded to Rates for Equipment Security Pacific Merchant Banking Group, Public Finance Section, 300 South Grand Avenue, Suite 2100, Los MOTION Angeles, at a financing cost of $262,341.00 for a five - Awarded to Security year tern, and the following minute resolution was Pacific Merchant adopted: Banking RESOLVED, vhereas the governing body of Lessee has determined that a true and very real need exists for the acquisition of the property described in the Municipal Lease arra Option Agreement presented to this meeting; and 'KEEREAS, the governing body of Lessee has taken the necessary steps, including any legal bidding require- ments, under applicable law to arrange for the acquisition of such property. Bid Item Nao 776 Elevator Control System MOTION Awarded to Montgomery Elevator Bid Item No. 779 Re -Roof City Buildings MOTION Awarded to Vance and Asso- ciates Roofing BE IT RESOLVED by the governing body of Lessee that the terns of said Municipal Lease arra Option Agreement are in the best interests of Lessee for the acquisi- tion of such property, and the governing body of Lessee designates and confirms the following persons to execute and deliver, and to witness (or attest), respectively, the Security Pacific Merchant Bank to the consummation of the .transactions contemplated by the Municipal Lease and Option Agreement. Furtherrore, BE IT RESOLVED, that the governing body of Lessee hereby represents that the reasonably anticipated amount of qualified tax-exempt obligations which have been and will be issued by the Lessee does not exceed $10,000,000.00 for the calendar year within which this Municipal Lease and Option Agreement is entered and hereby designates this Municipal Lease and Option Agreement is to be a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None One Bid received for Bid Item N�. 776, Install Elevator Control System, is on file in the Clerk's office. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the contract was awarded to Montgomery Elevator Company, 18001 Sky Park South, Suite E, Irvine, for $33,480.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, buffa Ibne None Bids received for Bid Item N�. 779, Re -Roof City Build- ings, are on file in the Clerk's office. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the contract was awarded to Vance and Asso- ciates Roofing, Incorporated, 837 West 17th Street, Costa Mesa, for $18,388.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, H:)rnbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None Bid Item No. 780 Bids received for Bid Item No. 780, Paint the Exterior Paint Exterior of City Hall, are on file in the Clerk's office. On of City Hall motion by Council Member Hornbuckle, seconded by Vice Mayor Anburgey, the contract was awarded to J & D MOTION Painting and Decorating Service, 13035 Lorne Street, Awarded to North Hollywood, for $21,000.00. The motion carried by J & D Painting the frllowing roll call vote: and Decorating AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: ibne Bid Item No. 781 Bids received for Bid Item No. 781, Turf Maintenance Turf Maintenance Equipment, are on file in the Clerk's office. On motion Equipment by Council Menber Hornbuckle, seconded by Vice Mayor Amburgey, the contract was awarded as follows: Exhibit 9�� MOTION "A", Four Toro Reelmaster 7 -Blade Gang Mowers No. 01007, Awarded to for $6,148.00; Exhibit "B", One Tbro Reelmaster 11 -Blade Pacific Equipment _Gang Mower No. 01011, for $1,579.40; and, Exhibit "E", and Irrigation and One 'lbro Greens Aerator, Model No. 09100, for $9,487.00, B. Hayman Company to Pacific Equipment and Irrigation, Incorporated, 19515 East Walnut Drive North, City of Industry; and Exhibit "C", One National 84 -Inch Mower, Model 84KE, for $9,487.00, was awarded to B. Hayman Company, Incor- porated, 9525 Sorensen Avenue, Santa Fe Springs. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item No.. 782 Bids received for Bid Item No. 782, Self Contained Self Contained Breathing Apparatus, are on file in the Clerk's office. Breathing On motion by Council Member Hornbuckle, seconded by Vice Apparatus Mayor Amburgey, the contract was awarded to AV -OX, Incorporated, 15746 Stagg Street, Van Nuys, for MOTION $6,100.94. The motion carried by the following roll Awarded to call vote: AV -OX AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hiornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item No. 783 One Bid received for Bid Item No. 783, One Used 10 -Wheel One Used 10 -Wheel Dump Truck, is on file in the Clerk's office. On motion Dump Truck by Council Member Hbrnbuckle, seconded by Vice Mayor Amburgey, the contract was awarded to Cannenita Truck MOTION Center, 13443 East Freeway Drive, Santa Fe Springs, for Awarded to $53,000.00. The motion carried by the following roll Carnnenita Truck call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item No. 784 Bids received for Bid Item No. 784, Banking Services Banking Services for the City of Costa Mesa, are on file in the Clerk's for the City of off ice . On motion by Council Member Hornbuckle, sec - Costa Mesa onded by Vice Mayor Amburgey, the contract was awarded to Security Pacific National Bank, 2280 Harbor Boule- MOTION vard, Costa Mesa, in the estimated amount of $23,790.21 Awarded to for one year of service, based upon the elimination of Security Pacific Item No. 2, Armored Car Service. The motion carried by National Bank the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, lbrnbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1987-88 Parkway Bids received for 1987-88 Parkway Maintenance for Maintenance for Various Streets are on file in the Clerk's office. On Various Streets motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the contract was awarded to Damon Con - MOTION struction Company, 500 East Gardena Boulevard, Gardena, Awarded to for $296,238.50. The motion carried by the following Dacron Construction roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Addendum No. 1 The Director of Leisure Services recommended approval of Agreement/Van Dell Addendum No. 1 for Geotechnical Services Including Soil and Associates Testing for $7,500.00, and an additional fee not to exceed $300.00 for Staking of the Bike Trail Alignment 1 Des ign cf Fairview Park MOTION Addendum Approved Agreement/Sanitary District and Grant of Easement Corporation Yard Pumping Station MOTION Agreement Approved, Resolution 87-93 Adopted Addendum No. 1 to Agreement/County_ of Orange Bristol Street Culvert/Santa Ana Delhi Channel MOTION Addendum Approved Budget Adjustment No. 88-11/Block Wall Smallwood Park MOTION Adjustment Approved Budget Adjustment No. 88-19/Storm Drain, Fairview Hospital to the Agreement with Van Dell and Associates, Incor- porated, 17801 Cartwright Road, Irvine, in connection with the design of Fairview Park. On motion by Council Member Ebrnbuckle, seconded by Vice Mayor Amburgey, Addendum No. 1 was approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Vdieeler, Ebrnbuckle, Buffa Ibne None The Director of Public Services requested approval of an agreement with the Costa Mesa Sanitary District, Post Office Box 1200, Costa Mesa, for reimbursement of approximately $73,977.59 to the District for adminis- tering, designing, inspecting and constructing of Corporation Yard Pump Stat ion . On motion by Council Member Hornbuckle, seconded by Vice Mayor Pmburgey, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, and Resolution 87-93, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF O3STA MESA, CALIFORNIA, GRANTING AN EASEMENT FOR SEWER PURPOSES TO THE COSTA MESA SANITARY DISTRICT, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None The Director of Public Services recamnended approval of Addendum No. 1 to Agreement D86-220 with the County of Orange, Flood Program Division, Environmental Management Agency, Post Office Box 4048, Santa Ana, for additional credit to the City in the amount of $17,530.00 for additional design work in connection with the construc- tion of the.Bristol Street Culvert on Santa Ana Delhi Channel. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the addendum was approved, and the Mayor and Clerk were authorized to sici 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: Ibne ABSENT: COUNCIL MEMBERS: None On motion by Council Member Hornbuckle, seconded by Vice Mayor Pmburgey, Budget Adjustment No. 88-11 for $15;000.00, to reconstruct block wall at Smallwood Park, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, Budget Adjustment No. 88-19 for $36,000.00, to construct Master Plan Storm Drain, Fairview Hospital, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Adjustment Approved Ebrnbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Hornbuckle, seconded by No. 88 20/Transpor- Vice Mayor Amburgey, Budget Adjustment No. 88-20 for tat ion.. Planner $42,470.00 for classification of Transportation Planner, Classification was approved by the following roll call vote: �_jL7 MOTION - Adjustment Approved Budget Adjustment No. 88 21/Crossing Guards MOTION Adjustment Approved Change Order No. 5 B-1 Enterprise Joint Entrance, Civic Center and Southern California College MOTION Change Order Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Council Member Hornbuckle, seconded by for Mayor Amburgey, Budget Adjustment No. 88-21 for $10,000.00, to place cressing guards on 4 -hour shifts, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMEERS: None ABSENT: COUNCIL MEMBERS: None The Director of Public Services recommended approval of Charge Order No. 5 for $8,676.50, to the 1986-87 Parkway Maintenance contract with B-1 Enterprise Corporation, Post Office Box 714, Rancho Cucamonga, for the joint entrance between Civic Center and Southern California College. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract 12860, Charles Tract 12860 Pigner, Developer, 1131 East Balboa Boulevard, Newport Charles Pigner Beach, six lots, 0.35 -acre located at 2206 Canyon Drive, Developer for condominium purposes. On motion by Council Member Hbrnbuckle, seconded by Vice Mayor Amburgey, the map MOTION was approved; the Council did accept on behalf of the Map Approved City the ingress/egress easement for emergency and security purposes as dedicated; did also approve subject map pursuant to the provisions of Section 6 6436 (c) (1) of the Subdivision Map Act; and the Clerk was authorized to sign the map 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 Improvements for Improvements for Tract Map No. 11481, located at 2330 Tract Map 11481 Vanguard Way, have been completed to the satisfaction Newport Landing of the Director of Public Services by Newport Landing Limited, American West Development Company, Post Office MOTION Box 10843, Beverly Hills. On motion by Council Member Work Accepted Hornbuckle, seconded by Vice Mayor Amburgey, the work was accepted, and the bonds were ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMEERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements for improvements for Planning Action PA -86-218 by E1 Rollo PA -86-218 Loco, 1941 Harbor Boulevard, Costa Mesa, have been can - El ' blo Loco pleted to the satisfaction of the Director of Public Services. On motion by Council Member Hornbuckle, MOTION seconded by Vice Mayor Amburgey, the work was accepted, Work Accepted and the savings passbook of $45,000.00 ordered exoner- ated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Bornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Executive Salary On motion by Council Member Hornbuckle, seconded by Vice Schedule Mayor Amburgey, Resolution 87-94, being A RESOLUTION OF THE CITY COUNCIL CP THE CITY OF COSTA MESA, CALIFORNIA, MOTION AMENDING RESOLUTION NO. 86 -96 -AND ADOPTING THREE CLASSI- Resolution 87-94 FICATIONS UNDER THE EXECUTIVE SALARY SCHEDULE, was Adopted adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Design and Construction of Mesa Linda and Los Lagos Golf Mesa Linda and Los Courses, Phase II, located at 2310 Placentia Avenue, Lagos Golf Courses, have been completed to the satisfaction of the Director Phase II, by Calf of Leisure Services by Golf Plan arra Southwest Growers Plan and Southwest and Landscaping Company, 21251 Bushard Street, Hunting - Growers and ton Beach. On motion by Council Member Hornbuckle, Landscaping seconded by Vice Mayor Amburgey, the work was accepted; the Clerk was authorized to file a Notice of Completion; MOTION authorization was given to release retention funds 35 Work Accepted days thereafter; the Labor arra Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Arburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference A motion was made by.Council Member Hornbuckle, seconded Advances by Vice Mayor Arnburgey, approving a Conference Advance for $1,130.00, for Police Chief to attend International MOTION Association of Chiefs of Police in Toronto, Canada, from Advance October 25 through 31, 1987. The motion carried by the Approved following roll call 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 Hornbuckle, seconded Advance by Vice Mayor Amburgey, approving a Conference Advance Approved for $806.00, for Police Officer to attend P.O.S.T. Personnel Management Course in San Diego from September 28 through October 2, 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 Cole Claim Item 2(d) on the Consent Calendar was presented: Claim from Kathryn A. Cole. MOTION A motion was made by Council Member Hornbuckle, seconded Settlement by Council Member Buffa, authorizing settlement of the Authorized claim. Council. Member.Wheeler stated he will be opposing the motion because it is his understanding the claimant's account of the incident is contradicted by the Police officer. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Amburgey, Wheeler ABSENT: COUNCIL MEMBERS: None Civic Center Item 3(j) on the Consent Calendar was presented: Con - Fire Station struction o¢ the Civic Center Fire Station. Sid Soffer, 900 Arbor Street, Costa Mesa, requested information for better public awareness be presented and the City Manager reported the new Civic Center Fire Station will be located directly behind the police building in the Civic Center ccmplex and will service the College Park, Monticello Townhomes, and Mesa del Mar areas. The station is scheduled for completion around the end cf the fiscal year. MOTION On motion by Council Member Hornbuckle, seconded by Vice Awarded to Mayor Amburgey, the contract was awarded to R.J.W. R.J.W. Construction; Construction Company, Incorporated, 23655 Via Del Rio, Change Order No -1 Suite E, Yorba Linda, in the amount of $1,135,866.00; Approved; Budget Change Order No. 1 in a decreased amount of $86,234.00 Adjustment 88-27 was approved; and, Budget Adjustment No. 88-27 in the Approved amount of $400,000.00 was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/BSI Item 4 on the Consent Calendar was presented: Authori- Consultants zation for the Public Services Director to negotiate a contract with BSI Consultants, Incorporated, 1415 East Bear Street' 17th Street, Santa Ana, for the design of the Bear Pedestrian Bridge Street Pedestrian Bridge. Council Member Wheeler was of the epinion that the cost of the proposed bridge which will connect the two sec- tions of South Coast Plaza should be borne by the prop- erty owner, C. J. Segerstrom arra Sons, since it would be primarily for their benefit and that of the merchants in South Coast Plaza. The City Manager presented background information, and stated the bride: has been recommended by the Bridge Task Force and staff is proposing the study be funded by the Developer Fee Program. Council Member Wheeler said Developer Trip Fee funds are for improvements to streets and that there was not a unamineus vote of Council when the Bridge Task Force was set up. He feels members of the Task Force have a vested interest in getting the bridge built at City expense and said taxpayers should not subsidize private industry. Council Member Buffa spoke as Chairman for the Bridge Task Force and said this bridge is recammended to relieve a hazardous situation for pedestrians crossing Bear Street. He disagreed with Council Member Wheeler's opinion that utilizing Developer Trip Fees would be utilizing tax revenue. Sid Soffer, 900 Arbor Street, Costa Mesa, said a per- centage of coney derived from South Coast Plaza should be utilized for improvements in the area. MOTION On motion made by Council Member Buffa, seconded by Vice Agreement Mayor Amburgey, the contract not to exceed $30,000.00, Approved was approved and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Route_55 Item 11 on the Consent Calendar was presented: Resolu- Maintenance tion approving Route 55 Maintenance Agreement with the Agreement State.of California. Council Member Buffa requested an update on the Route 55 project and the Director of Pulblic Services responded that the County of Orange has entered into an agreement with CALTRANS, California Department of Transportation, for design of bridges and overcrossings on Route 55. The'State of California is responsible for the majority of design work connected with the freeway, and their latest indications show the project on schedule. Based on what has been accomplished thus far, it appears the the project is two to four 7tonths behind schedule. MOTION On motion by Council Member Buffa, seconded by Vice Resolution 87-95 Mayor Amburgey, Resolution 87-95, being A RESOLUTION OF Adopted THE CITY COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AN AGREEMENT FOR MAINTENANCE CF STATE HIGHWAYS IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, feeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Arterial Highway Item 13 on the Consent Calendar was presented: Resolu- Wall Master Plan tion adopting the Arterial Highway Wall Master Plan, as amended: Dan Kussnan, 3141 Boston way, Costa Mesa, asked if the proposed sound barrier wall was to be built to the I-405 Freeway and the City Manager replied work has not comzrenced on design drawings for the project so this is -unknown at this time. Mayor Hall requested Mr. Kussman be notified as work progresses on this project. Fred Patterson, 1111 South Coast Drive, Costa Mesa, spoke about parking on South Coast Drive, from Fairview Road to San Leandro Lane, and a noise problem from traffic. He stated the wall across the street from the 40 -unit conplex he lives in acts as a sounding board creating noise and asked for a sound wall in this area and imnitary relief to the homeowners for its construc- tion. Council indicated sound walls are proposed for South Coast Drive in the Arterial Highway Wall Master Plan and it is being recammiended the City participate 50 percent in cost sharing for sound walls. A nation was made by Council Member Buffa, seconded by Council Member feeler, to approve the resolution and Arterial Highway Wall Master Plan. Council Member Buffa amended his motion to indicate references to the City's participation in the Arterial Highway Wall Master Plan be changed to read that the City participate by at least 50 percent of the costs. Council Member feeler withdrew his second on the basis that it is discriminatory. The motion .died for lack of a second. MOTION On motion made by Council Member Hornbuckle, seconded by Resolution 87-96 Vice Mayor Amburgey, Resolution 87-96, being A RESOLU- Adopted TION CF THE CITY COUNCIL CP THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE ANTERIAL HIGHWAY WALL MASTER PLAN, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented from the meeting of September 8, 1987, Karol's Kids, child care service located at Rea Karol's Kids Community Center, Karol Herbert, 729 West 16th Street. The City Attorney referenced a confidential memorandum presenting background information on this matter and Mayor Hall commented because of the potential litigation on this issue it will not be discussed in detail. James Ripley, Attorney at Law, 12447 Lewis Street, Suite 205, Garden Grove, speaking on behalf of Karol Herbert, presented background information, their recommendations, and stated they wish to avoid litigation and negotiate a new lease. No Council Mayor Hall commented this is not a proper place for Action Required negotiations and the City Attorney has provided all necessary background information and is proceeding in a timely manner on this issue. He indicated no action is required by Council. Contract Amendment The Clerk presented Ordinance 87-19 for second reading with PERS and adoption. The ordinance authorizes an anendment to the contract between the City of Costa Mesa and the Board of Administration of the California Public Employees' Retirement System. MOTION On motion by Council Member Wheeler, seconded by Council Ordinance 87-19 Member Buffa, Ordinance 87-19, being AN ORDINANCE OF Adopted THE CITY COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY CF COSTA MESA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, 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 WARRANTS On motion by Council Member Wheeler, seconded by Council Member Hornbuckle, Warrant Resolution 1370, including Payroll 8718, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY Due to court delays on pending litigation, the City REPORTS Attorney withdrew his request for a closed session. CITY MANAGER The City Manager presented Budget Adjustments to provide REPORTS funding for the Mardan site property located at 695 West 19th Street and summarized his memrandum of September 18, 1987. Budget Adjustment In considering the site for a senior citizens center, Nos. 88-29 and senior housing and/or low and moderate income family 88 30/Mardan Site housing, staff proposed financing the property acquistion with $1.3 million from the Canmunity Develop- ment Block Grant Fund and $700,000.00 from the City's General Fund. The above uses are approved activities under the Ccmmmunity Development Block Grant Account. The $700,000.00 from the General Fund has been made available as a result of the refinancing of the Redevel- opment Agency Note. Should the City decide to develop the property in some other fashion than as enumerated above, it maybe necessary to reimburse the Cammunity Development Block Grant Program in the future if such development is not acceptable activity under that program. MOTION On motion by Council Member Hornbuckle, seconded by Vice Budget Adjustments Mayor Amburgey, Budget Adjustment 88-29, for $700,000.00, Approved and Budget Adjustment 88-30, for $1.3 million, to pro- vide adequate appropriations to acquire the Mardan site property at 695 West 19th Street, were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, 'Vheeler, Hcrnbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None Closed Session to The City Manager requested a closed session to discuss Discuss Personnel personnel matters as outlined in his confidential Matters merrorandum of September 18, 1987, and if Council had no further questions, recommended approval as outlined in the merrorandum. MOTION - On motion by Vice Mayor Amburgey, seconded by Council Merrorandum Member Wbeeler, and carried 5-0, the merrorandum was Approved approved as written. City Council The City Manager presented a series of recommendations Agenda Procedure to reduce the length of City Council meetings as out- Recanmendations lined in his merorandum dated September 21, 1987. The measures are a result of discussions at the study ses- sion of September 14, 1987. The City Manager requested policy direction frcxn Council. Mayor Hall recommended proceeding with these items as categorized in staff's memorandum and presented Items 1 through 5 on page one: 1. Revise the existing City Council Policy with the intent that meetings conclude at 12:00 midnight and, if there is still business to conduct, take the remaining items up at 6:30 p.m. on the following Tuesday. 2. Schedule items canmanding particular community interest for special, adjourned City Council meetings rather than regularly scheduled meetings. 3. On rehearing requests, separate the issues of (a) whether or not to hear the item from (b) the re- hearing itself. Under this scenario, the only item placed on the agenda for consideration would be whether or, not to rehear a given issue. If the City Council decided to conduct a rehearing, the rehearing itself would be scheduled for the next regular meeting so that all affected parties could be properly noticed. 4. Rearrarge the Agenda by placing Public Hearings immediately following the Consent Calendar. 5. Continue items pulled frau Consent Calendar for discussion under New Business. MOTION On motion by Council,.:Member Hornbuckle, seconded by Vice Items 1 through Mayor Amburgey, and carried 5-0, Items 1 through 5 were 5, Page 1 approved as written. Approved Mayor Hall presented the first item on page two of staff's memorandum: 1. Schedule Oral Communications at the end of the City Council Agenda rather than at the beginning. Council Member Hornbuckle felt better public contact is achieved when Oral Communications is at the beginning of the meeting and reconmended waiting to see if the other suggestions to be implemented help to shorten the meet- ings before charging the position of Oral Communications. Vice Mayor Amburgey spoke in favor of having Oral Com- munications at the end of the meetings. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of having Oral Communications both at the beginning and end of the greetings. Council Member Wheeler stated to get maximum input from the public, Oral Communications should be at the begin- ning of the meetings. Council Member Buffa said, in his opinion, Oral Ccmmuni- cat ions is one of the least efficient ways to ccn muni- cate with Council and Staff and is in favor of having Oral Communications at the end of the greetings. Vice Mayor Amburgey and Council Member Buffa expressed their opinion that one of the most effective ways for the public to relay their ideas to Council is through written communication or by telepYnne. Council Member Wheeler spoke about two basic concerns being expressed, those of the people with agendized items,. and those of citizen input. He indicated that applicants have a vested interest but to ask the citi- zens to stay for several hours is going to result in the citizens leaving and depriving Council of their input. The following people spoke in favor of leaving Oral Communications at the beginning of the meetings: Michael Nutter, 3469 Plumeria Place, Costa Mesa. Mildred Kniss, 327 West Wilson Street, Costa Mesa. Anna Shereshevsky, 2152 Elden Avenue, Apartment 1, Costa Mesa, Council Member Wheeler spoke in favor of holding more Town Hall greetings without an agenda to allow people to speak on any subject, and Council Member Buffa concurred. A motion was made by Council Member Hornbuckle, seconded by Council Member Wheeler, to retain Oral Ccmmunications at the beginning of the meetings. The motion failed to carry 3-2, Council Members Hall, Amburgey, and Buffa voting no. MOTION A motion was made by Vice Mayor Amburgey, seconded by Reschedule Oral Council Member Buffa, to schedule Oral Communications at Communications the end of the City Council agenda rather than at the Approved beginning. The motion carried 3-2, Council Members Vlheeler and Hornbuckle voting no. Mayor Hall ,presented the second item on page two of staff's memrandum: 2. Establish by ordinance a time limit under which Planning Actions can be refiled for consideration. If Council is.interested in considering such an ordinance, staff will research the matter further, identify existing practices in other Orange County MOTION communities, and return an ordinance to Council Establish Time with options in teens of the time limitation. Limit for Refiling Planning Actions On motion by Council Member Buffa, seconded by Council Approved as Member Tnbeeler, and carried 5-0, the second item on page Written two of staff's memorandum was approved as written. No Council Action Mayor Hall presented the last three items on page two of Required staff's memorandum, and stated no action is required on the part of Council for these items as staff has indica- ted further research is required or they are currently in progress:- 1. rogress: 1. Reevaluation of the City's Public Hearing Notifi- ca tion System so as to clarify the public's opportunity to submit written comments prior to the hearing date. This evaluation would also consider the feasibility of additional notifica- tion to the public on those items scheduled for City Council consideration from the Planning Commission arra Traffic Ccmmission. 2. Continue current evaluation of Code provisions regarding delegation of final authority on certain actions to the Planning Commission, Traffic Commission, or staff. 3. Update the City's fee schedule for appeals, rehearings, arra other Planning Actions to reflect the actual cost of such requests. RECESS The Mayor declared recess at 8:20 p.m., and the meeting reconvened at 8:35 p.m. PUBLIC HEARING- The Clerk presented an ordinance amending sections of Residential Density the Municipal Code regarding rounding -up residential Calculations in density calculations in R2, R3, and R4 zones. R2, R3, and R4 Zones The Development Services Director presented staff's review as stated in the memorandum dated September 14, 1987, and staff's recommendation which reflects Planning Commission's recommendations from their meeting of August 24, 1987: "RECOMMENDATION Adopt attached ordinance with the deletion of the following statement from Section 2.1.(2)c., 2.(2)c., and 3.(2)c.: 'Approval of such minor Conditional Use Permit shall not be final until ratified by the City Council. For, this purpose, the matter shall be placed on the Consent Calendar of the first regular City Council meeting which follows approval by the Zoning Admin- istrator by ten (10) or nore days."' Planning Commissioner Walter Davenport, 1888 Parkview Circle, Costa Mesa, indicated each member of the Plan- ning Commission and/or Council has the opportunity to call an item forward to their respective bodies once it has been acted upon by the Zoning Administrator. He said the Planning Ccmmnission did express concern that if an item was to go on the agenda for either body, the appropriate sequence would be for it to go from the administrative action to the Planning Commission and then to Council. Council Member Wheeler indicated that in some instances there is a very narrow margin of time between Council receiving the Planning Commission minutes and when the appeal period expires, and if items are to be aired, they should be heard at the Council level. He would like to see an automatic review by Council of Planning Commission items. Council Member Hornbuckle recommended defeating this ordinance to eliminate all the problems connected with round -up and added that if she were in favor of the round up rule, she would vote to have items placed on the Planning Commission's Consent Calendar because Council does get that agenda and could investigate further if it was so desired. Council Member Buffa recommended this item go before the Planning Commission first. In response to a question posed by Council Member Wheeler, Mayor Hall said a Council Member could appeal the Planning Commission's agenda items concerning a Conditional Use Permit as the ordinance is proposed. Jan Luymes, 592 Park Drive, Costa Mesa, expressed concern that under the process of a Zoning Administrator it was questionable that surrounding property owners would receive noticing, and even if they did, they could not be present at the hearing and the period of appeal might elapse before a concerned citizen could find out the decision cf the Zoning Administrator. She is in favor of keeping the decision with the Planning Cammis- sion or Council se that the public has the opportunity to appeal and does not feel this is an appropriate conditional use permit. She spoke about densities within the City, and that prior to the passim of the round -up rule, everyone knew exactly what could be built in the various zones. She is in favor of applicants seeking rounding -up to be treated as a variance or rezone. At the request of Council Member Wheeler, the Director of Development Services explained the processing pro- cedures for a minor Conditional Use Permit including noticing and indicated that at the last study session he proposed charges be made to the process along with a list of minor and major use permits since, as the Code now reads, it is not that workable, and the five-day window period is not adequate time for staff to notify everyone nor for Council's response. Staff would like to propose new time frames. He expressed his opinion that this process is very workable for minor issues, and if Council deems roundup to be minor, this is where it should be reviewed. He would, however, as previously stated, like to propose modifications to the Zoning Administrator Ordinance to make it more workable. Mayor Hall commented he believes two differnt issues are being di scussed . One on the agenda regarding the roundup rule and one not on the agenda regarding the activities and actions of the Zoning Administrator in approaching this action. The Development Services Director indicated the ques- tions posed by Jan Luymes almost all concern the ordi- nance regarding a Zoning Administrator which is already in place and stated he would be pleased to have copies made of the ordinance for her or any other members of the audience who so desire. Council Member Wheeler said he believes the processes for the ordinance of round up and the ordinance for a Zoning Administrator are interrelated issues both speci- fically contemplated by the ordinance and should be considered tonight. The Development Services Director said it is staff's desire to maintain and activate the Zoning Administrator process in the City for very minor issues which would expedite the public process. Staff is requesting Council's decision as to whether Council believes the roundup process should be in the category of Zoning Administrator approval; or, a Conditional Use Permit approved by the Planning Commission. If Council decides it is of such significance that it would not get ade- quate noticing at the administrative level, the Director recommended making it a Conditional Use Permit for the Planning Cap-nission. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of the roundup rule where the amount of footage allow- able is closely regulated. There being no other speakers, the Mayor closed the public hearing , Council Member Hornbuckle was opposed to the round -up rule. Council Member Wheeler expessed his concern about a point raised by Jan Luymes as to whether the amended sections are permissive or mandatory because the world "shall" is used. MOTION A notion was made by Council Member Buffa, seconded by Ordinance 87-20 Vice Mayor Amburgey, to give first reading to Ordinance Given First 87-20, being AN ORDINANCE OF THE CITY COUNCIL OF THE Reading with CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS Amendments 13-136(A)(2), 13-148(A)(2) AND 13-174(A)(2) OF THE COSTA MESA MUNICIPAL COIF REGARDING RESIDENTIAL DENSITY CALCU- LATIONS IN THE R2, R3 AND R4 ZONES, amended as follows: Amend Sections 13-136(A)(2), 13-148(A)(2), and 13-174(A) (2) , third sentences after the words ... Such Minor Conditional Use Permit, insert the world "may" in place of the word "shall"...be granted if all the following conditions are met: In each sub -paragraph c. of the above code sections substitute the words "Planning Commission" in place of "City Council". Council Member Wheeler opposed the round -up rule because .it decreases the possibilities fpr larger, nicer units being built vhich would improve neighborhoods where the round -up rule increases the burden of more people and nore cars and, in his opinion, it is a variance for a higher density zoning in disguise arra grants an appli- cant the right to build higher densities without the requirements the applicant would have to prove in order to obtain a variance. `-`228 The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler, Hornbuckle ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing, continued from R-87-10 the neeting of September 8, 1987, for Rezone Petition Wagoner R-87-10, John Wagoner, 702 Truest 173rd Place, Gardena, to rezone property at 685 West 18th Street from R2 to R3. Environmental Detennination: Negative Declaration. A certified letter was directed to Mr. Wagoner and no communications have been received. The Development Services Director summarized staff's report and recanmen dations for approval of this rezone. John Wagoner, had no questions regarding staff's report and reconmendations. Jan Luymes, 592 Park Drive, Costa Mesa, spoke saying she does not feel a higher density should be approved for a property 4iere the neighboring property is already very dense. Council Member Wheeler asked if the number of units that this zoning would allow can be accomplished without variances, and Mr. Wagoner stated the architect has informed him they can. Mark Noran do, 582 Park Drive, Costa Mesa, requested a stand be taken regarding rezoning and does not see how an upgraded zone can help in this area as it already exists. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of granting the rezone. John Wagoner indicated he understands that in view of the fact that R3 properties exist on both sides of his, the courts would uphold his property as being R3 also. There beim no other speakers, the Mayor closed the public hearing. MOTION A notion was made by Council Member Wheeler, seconded by Ordinance 87-21 Vice Mayor Amburgey adopting the Negative Declaration of Given First Environmental Impact, and Ordinance 87-21, being AN Reading ORDINANCE CF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY LOCATED AT 685 TEST 18TH STREET, FROM R2 TO R3, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tnheeler, Hornbuckle, Buffa NOES: COUNCIL MEM12ERS : None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing continued from Appeal of PA -85-179 the meeting of September 8, 1987, for an appeal of Hernandez/Pange Planning Commission's denial of Planning Action PA -85-179 from Arturo Hernandez, authorized agent for Dr. Russell Pange, 1831 Orange Avenue, Costa Mesa, for renewal of a Conditional Use Permit for the expansion of an existing bar located at 727 West 19th Street, in a Cl zone. Environmental Determination: Exempt. A petition was received with 21 signatures requesting denial of the application and requesting Council to direct the applicant to immediately cease operation. The -Development Services Director presented background information as outlined in staff's memorandum dated September 16, 1987. At the request of Mayor Hall, the Director of Develop- ment Services presented transparencies and history on this property. Timothy Shields, Attorney, 415 North Sycamore Street, Suite 300, Santa Ana, representing Arturo Hernandez, owner of Arturo's Cantina, stated his fine was recently engaged, and the reason such a belated engagement occurred results fran the fact. that Mr. Hernandez's facility for the_english language is quite limited and he did not truly understand the nature and processes of the proceedings. He then requested this item be con- tinued to the meeting of October 19, 1987, so that the matter can be properly presented. Carl Patton, 724 Center Street, Costa Mesa, stated he lives almost directly behind the property in question and spoke against continuing this iten again because Mr. Hernandez has had a year to prepare plus the con- tinuance already granted even though Mr. Shields has just been appointed. Council Member Wheeler said he would be inclined to grant a continuance only on the grounds that the attorney for the applicant were directed to contact the neighbors and discuss with them what affirmative measures the applicant is proposing to take care of the problems and to confer with the neighbors regarding another possible use on the property which would not attract the problems created by the bar. Council Member Hornbuckle stated she would strongly urge the applicant to contact the neighbors but does not feel this should be a requirement for continuance. Council Member Wheeler asked the representative for the applicant if a continuance is granted what would be different between now and the tine of the next hearing. Mr. Shields responded they would prepare an analysis and plan of how they could either eliminate or mitigate the problems that now exist and that they would contact the neighbors to see what the problems are, and contact the Police Department to see if all, most, or some of . the Police contacts, as stated in the memorandum, result directly from Arturo's Cantina. They plan to return with a proposal to satisfy as many of the conflicting problems as possible. He then addressed possible alter- natives to be presented. Mayor Hall asked that Mr. Shields give consideration to a possible monthly Conditional Use Permit rather than a yearly one. Council Member Buffa said he would probably support a continuance if a markedly different use could be pre- sented rather than adjustments to the present use.. Vice Mayor Amburgey asked Mr. Patton if he would attend the meeting if the item were continued, and Mr. Patton replied he would. Sid Soffer, 900 Arbor Street, Costa Mesa, said he has had discussions with Mr. Hernandez regarding possible alternatives for his business and mentioned the police report contains approximately 28 complaints inside the business arra the rest were outside. 230 Mr. Shields apologized for the inconvenience to Mr. Patton . and . requested a copy of the petition which was given to him. He stated he would contact everyone listed on the petition and said he would like to meet with anyone in the audience who was present and had interest in this business item. MOTION On motion by Vice Mayor Amburgey, seconded by Council Held Over to Member Wheeler, arra carried 5-0, the public hearing was October 19, 1987 continued to October 19, 1987, as requested by the attorney for the applicant. PUBLIC HEARINGS The Clerk presented from the meeting of September 8, Rehearings 1987, the request for rehearing from Kirk Russell, 316 Requested by Hamilton Street, Ccsta Mesa, concerning Council's Russell: approval cE the following items for Robert G. Chapman, 2037 South Capella Court, Costa Mesa, authorized agent GP-87-2B/R-87-09 for Aubrey L. Oliger, 2121 Doctors Circle, Costa Mesa: Chapman/Oliger General Plan Amendment GP -87-2B, charging the General Plan Designation fran Medium Density Residential to High Density Residential for property located at 2111 Doctors Circle, 2110 - 2144 Thurin Street, and 325 Victoria Street. Rezone Petition R--87-09, changing the zoning of 2111 Doctors Circle and 2110, 2120, and 2124 Thurin Street, frau R2 to R3. Mayor Hall stated the subject before Council tonight is to decide whether these items will be reheard. If it is decided to rehear these items, they will be set for public hearing at a subsequent meeting. Kirk Russell, 315 Hamilton Street, Costa Mesa, responded to questions posed by Council Member Wheeler regarding his reasons for requesting a rehearing. Vice Mayor Amburgey stated that the purpose for the continuance cf this item was to listen to the tape frau the Planning Catani.ssion's meeting to determine whether or not the Planning Commission's Chairman had told the people in the audience that the item was going forward to Council. Seth Clark, 365 Ralcam Place, Costa Mesa, stated that when Kirk Russell presented his arguments he indicated several reasons why a rehearing should be granted on this item, not only improper notification. Council Member Buffa disagreed, stating the outstanding reason given by far was improper notification. Council Member Wheeler commented consideration should be given be the points expressed in Kirk Russell's applica- tion for rehearing, but the item to be voted on is if there is substantial evidence for granting a rehearing. MOTION A motion was made by Vice Mayor Amburgey, seconded by Request for Council Member Wheeler, to deny the request for rehear - Rehearing ing of General Plan Amendment GP -87-2B, and Rezone Denied Petition R-87-09. The motion carried 5-0. NEW BUSINESS The Clerk presented an ordinance adopting various codes relating to building, housing, signs, plumbing, mechani- Adoption of cal, and electrical regulations. Various Codes Bill Howard, Assistant Development Services Director/ Building Safety Division, was asked by Vice Mayor Arburgey if the fee schedules indicate a substantial 1 0 231 increase over previous years and Mr. Howard replied they do not constitute a significant change and that they are -the sane or below other compatible cities in the area. Vice Mayor Amburgey commended staff for addressing and adopting -current codes and he said normally vhen codes are adopted in municipalities, they are several years -old before_ all the revisions and updates are accan- pushed . MOTION On motion by Vice Mayor Amburgey, seconded by Council Ordinance 87-22 Member feeler, Ordinance 87-22, being AN ORDINANCE OF Given First THE CITY COUNCIL CF THE CITY CUE' COSTA MESA, CALIFORNIA, Reading ADOPTING BY REFERENCE THE 1985 EDITIONS CF THE UNIFORM BUILDING CODE, THE UNIFORM ADMINISTRATIVE CODE, THE UNIFORM HOUSING CODE, THE UNIFORM SIGN CODE, THE UNIFORM CODE FUR THE ABATFMENT CF DANGEROUS BUILDINGS, THE UNIFORM SOLAR ENERGY CODE, THE UNIFORM'.PLUMBING CODE INCLUDING APPENDICES A, B, C, D, H, AND J, THE UNIFORM MECHANICAL COIF INCLUDING APPENDICES, Vii, JB AND C AND THE 1987 EDITION CF - THE-: NATIONAL ELECTRICAL CODE TOGETHER WITH THE UNIFORM ADMINISTRATIVE :CODE PROVISIONS FOR THE NATIONAL ELECTRICAL, CODE (1987 ' EDITION) AND CERTAIN MODIFICATIONS AND AMENDMENTS TO SAID CODS INCLUDINGG THE 1987 ACCUMULATIVE SUPPLEMENT(S) THERETO, was given first reading and passed to' second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tnheeler, HDrnbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CAUNCILMANIC Council Member Buffa expressed gratitude to the City's COMMENTS staff, and in particular the City Manager and his staff for their outstanding efforts in the culmination of the Bicentennial Bicentennial Celebration for the Constitution of the Celebration United States which was held in Town Center last evening. California League Council Member Hornbuckle reported on attending the of Cities Orange County Division"s meeting for the California League of Cities last Thursday, vhen the Super Cammittee on Ti=speration made its report via video tape. She felt the report was very wall done and would like the City to obtain the video for use on cable TV. The video report is being scheduled for discussion at Council's October study session. As a member of the Orange . County Division's Resolutions Committee and General Resolutions Committee, California League of Cities, Council Member Hornbuckle requested Council's comments regarding the resolutions for the State League Conference be given to her before next Thursday when the Division's Resolutions Committee will be meeting. Two -Way Traffic Vice Mayor Amburgey discussed a memorandum he presented Circulation on to Council at the meeting of September 8, 1987, regarding Newport Boulevard circulation on Newport Boulevard between Arlington Drive and Bristol Street. He suggested a Town Hall meeting with the residents of the Mesa del Mar area, to discuss options in lieu of proceeding with a study as recom- mended by the Traffic Canmission and authorized by the Council. After speaking with the Mesa del Mar Home- owners Association, a Town Hall meeting has been scheduled for November 10, 1987. At the regular meet- ing of November 2, 1987, the Mayor will adjourn to November 10, 1987. Soffer ADJOURNMENT Sid Soffer, 900 Arbor Street, Costa Mesa, was given permission to speak again and he addressed the Council agenda format and the round -up rule. The Mayor declared the met' "joned at/ 10:4-4�- of the City of Costa Mesa ATTEST: City Clerk of the City of Costa Me