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HomeMy WebLinkAbout12/07/1987 - City CouncilROLL CALL RESUTAR MEETING OF THE CITY COUNCIL CITY CF COSTA MESA DECEMEER 7, 1987 The City Council of the City of Costa Mesa, California, net in.regular session December 7, 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 Inwcation by Father Joseph R. Robillard, St. Joachim Catholic Church. Council Members Present-: Council Members Absent: Officials Present: Hall, Amburgey, Wheeler, Hornbuckle, Buffa .4"- City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MOTION On motion by Council Member Buffa, seconded by Council Minutes Approved Member Hornbuckle, and carried 5-0, the minates of the adjourned regular meeting of November 10, 1987, and the minutes of the regular meeting of November 16, 1987, vere approved. ORDINANCES A notion was made by Council Member Wheeler, seconded by Council Member Buffa, arra carried 5-0, to read all ordinances by title only. PROCLAMATION Mayor Hall read a proc lamat ion declaring December 14, James Roosevelt 1987, as "James Roosevelt Day", camnanding Mr. Roosevelt Day on his distinguished service as a member of the Orange County Transportation Commission. ANNOUNCEMENT Mayor Hall announced that Planning Action PA -87-145, the second public hearing on the Agenda, will be with - PA -87-145 drawn because staff has discovered that the General Plan Will Be Designation and the zoning designation are inconsistent, Withdrawn and the application cannot be approved without a rezone to Cammerci.al Limited to reconcile this inconsistency. ORAL Arthur Rahmani, 922 - 9th Street, Manhattan Beach, owner COMMUNICATIONS of property at 1941 Pomona Avenue, referenced his letter (Reading Folder Itan No. 5) dated November 19, 1987, Vagrant Problems which details the problems that exist in his neighbor - on West Side 1 -nod with regard to vagrants. He reported that vagrants congregate near the rear parking lot of the canplex; consume and sell liquor and hard drugs; insult passers- by; sleep in abandoned xehicles, discarded furniture, and couches in the rear parking lots at 1935 arra 1945 Pomona Avenue; litter the area with trash; and set fire to property, fences, arra rubble. Mr. Rahmani submitted photographs of the area. Mayor Hall asked the City Manager to investigate this matter. The City Manager responded that he has already advised the police of Mr. Rahnani's complaint, and the Police, Fire, and Development Services Departments will be in contact with Mr. Rahmani shortly. The City Manager also canmented that a report would be submitted to the Council in approxinately two weeks. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, member of the Mesa West Homeowners Association, stated that this has been an ongoing situation on the west side. He offered to assist the City in resolving the problem. Victoria Street Roy Pizarek thanked Council for holding a Town Hall Widening meeting at Rea Cammtnnity Center concerning the Victoria Street widening. He reported that the homeowners asso- ciation would like to' be involved during the design stage of the project. Transition Zone Mr. Pizarek asked about the status of the 'Transition Zone. The City Manager replied- that after the Transi- tion Zone report was completed, Council directed staff to include that project in the General Plan Update. The .City Manager reported.that hearings will be held with the Steering Committee .to review the General Plan Update, and,at that time the Transition Zone will be discussed. The Development Services Director mentioned that the General Plan Update meetings are scheduled for approxi- mately mid to late January, 1988. West Side Street Roy Pizarek asked when the permanent closures on Closures Monrovia, Continental, and Federal Avenues will be constructed. The Public Services Director responded that .he ecpects to be ready to go cut to bid during the first quarter of 1988. Sid Soffer, 900 Arbor Street, Costa Mesa, wanted to know if the final design had been selected. The Public Services Director resported that the closures will be identical to the Swan Drive closure. CONSENT CALENIAR The following items were removed frau the Consent Calendar: Item 4(h), Applicat ion for Leave to Present a Late claim frau Dolores A. Howard; and Item 5(a) Bid Item .No. 78i, Revision."A", Exhibit "D", Rotary Lawn Mower. WRITTEN COMMUNICATIONS Mesa Verde Improvements MOTION Referred to Public Services and to Mesa Verde Hameowmers As sociat ion On motion by Council Member Buffa, seconded by Council Member VVhneeler., the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, 4'hneeler, Hornbuckle, Buffa NOES COUNCIL MEMBERS: None ABSENT: : COUNCIL MEMBERS: None A caumunication was received fran Keith and Lois Raf fel, 2024 Swan Drive, Costa Mesa,. asking for improvements in the area cf'the entrance to their development, and that a sign be installed similar to the "Mesa Verde" sign at Shantar Drive and Harbor Boulevard. Also, they asked that improvements be made along Adams Avenue between Placentia Avenue and the Huntington Beach city limits. On motion by Council Member Buffa, seconded by Council Member Meeler, and carried 5-0, the request for improvements along the public rights-of-way was referred to the Public Services Department, and the request for signage was referred to the Mesa Verde Homeowners Asso- ciation. READII3 FOLIER On motion by Council Membe Member Wheeler, and carried Folder items were received Cla ims r Buffa, seconded by Council 15-0, .the following Reading and processed: Claims received by the City Clerk: Jill Worden; Jeffrey Allan Sato; Victoria Askari; Patricia M. Haas; Donald E. I BrotYhaell for Bayside Electric, Incorpor- ated; Jeff Cook; Patrick Oscar Wines; Reed Cunha for Dan's Automotive Service, Incorporated; Attorney Franklin J. Dimino for Ralph Minarich; Law Offices of Wendell W. Faile for Robert Berg and for Jana Berg. 30 Traf f is Reso lut ion frau the City of Brea concerning regional Congestion traffic congestion in Orange County and supporting the report of the Transportation "Super" Committee of the Orange County Division, League of California Cities. Public Southern California Gas Company Application No. 87 -06 - Utilities 021, a request befDre the PublicVUtili.ties Canmission Canmission for a $2.926 million rate increase to recover clean up cots ,cf hazardous. substances. Amended Application for a Certificate of Public Con- venience aryl Necessity _(File No. 555) filed with the Public Utilities Commission by AAlert Paging Company of San Diego, to expand its facilities to provide radio -telephone service in various cities, including Costa Mesa. Vagrants/Abandoned .Letter frau Arthur Rahmani, 922 - 9th Street, Vehicles Manhattan Beach, owner cf an apartment complex at 1941 Pomona Avenue, expressed concern about vagrants living in abandoned vehicles, consuming and selling alcohol and drugs, and littering the area with trash. SET FOR PUBLIC On motion by Council Member Buffa, seconded by Council HEARING Member Wheeler, and carried 5-0, the following item was set for public hearing December 21, 1987, at 6:30 p.m., in the Council Chambers of City Hall: R-87-12 Rezone &:tition R-87-12, Kent G. Britton, 3516 Elm Britton/Brown Avenue, Suite 304, Long Beach, authorized agent for Mary . A. Brown, . to rezone property at 192 Wells Place frau CL to R2. Environmental Determination: Exempt. REJECTED CLAIMS On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried .5-0, the claim frau Delmar Hamre T. Harare was rejected. Furman Ori motion by Council Member Buffa, seconded by Council Member Meeler, and carried 5-0, the claim fran Attorney David D. Marray for Jacqueline Harrell Furman was rejected. McGill On motion by Council Member Buffa, seconded by Council Member Me eler , and carried 5-0, the claim frau Attorney Richard M. Hawkins for Elizabeth McGill was rejected.. Young On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the claim from Attorney Richard M. Hawkins for James Victor Young was rejected. Espindola On motion by Council Member Buffa, seconded by Council Member Meeler, and carried 5-0, the claim frau Attorney Robert H. Blitz for Jose J. Espindola was rejected. Wenz On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the claim from Attorney Bradley K. Schwarz for Leona May Wenz was rejected. Boyer On motion by Council Member Buffa, seconded by Council Member Waeeler, and carried 5-0, the claim frau Burke, Smith, Helenius & Hayes for Kimberly Boyer, et al, was rejected. ADMINISTRATIVE Bids received for Bid Item No. 788, Revision "A", ACTIONS Personal Computers, are on file in the Clerk's office. On motion by Council Member Buffa, seconded by Council Birt Iter 788 "A" Member Meeler, the contract was awarded to Datalink Personal Camputers Canputer Systems, Incorporated, 14620 East Firestone .303 MOTION Beulevard,.La Mirada, for $6,826.40. The motion carried Awarded to by the following roll call vote: Datalink Computer AYES: COUNCIL MEMBERS: Hall, Amburgey, Wieeler, Systems Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Dbne Bid Item 792 Bids received for Bid Item No. 792, Various Trucks, are Various Trucks on file in the Clerk's. office. On motion by Council Member Buffa, seconded by Council Member Wheeler, MOTION contracts were awarded as fbllows: Awarded to Mission Chevrolet, De Anza Mission Chevrolet Company, 100 South San Gabriel Chevrolet, and Boulevard, San Gabriel: Fuller Ford Exhibit "A", six Sportside pickup trucks, model CC10703, for . a total price of $59,071.68; Exhibit "D", one dump bed pickup truck, model CC10903, for $11,512.66; and Exhibit "E", one dump bed pickup truck, model CC30903, for $12,932.00. De Anza Chevrolet, Incorporated, 8200 Auto Drive, Rive rs ide : Exhibit "B", one cargo van, model CM10905-ZW9, for $10,300.02; arra Exhibit "C", one passenger van for $11,813.94. Fuller Ford, 760 Broadway, Chula Vista: Exhibit "F", one four -door Crown Victoria S Model for $13,942.67. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MFMEERS : Ibne ABSENT: COUNCIL MEMBERS: None Bid Item 794 One bird .received for Bid Item Nc. 794, One Collator, is One Collator on file in the Clerk's office. On motion by Council Member Buffa, seconded by Council Member Wheeler, the MOTION contract was awarded.to Leach Printers Supply Company, Awarded to Incorporated, 13011 Florence Avenue, Santa Fe Springs, Leach Printers for $54,780.00. The motion carried by the following roll call vote: AYES: ODUW= MEMBERS: Hall, Amburgey, Vheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None AHS ENT : COUNCIL MEMBERS: None Final Map and The Final Map and Subdivision_Agreenent were presented Agreement for for Tract No. 12887, Mike Lin, 172 Flower Street, Costa Tract 12887/Lin Mesa; 13 lots, 0.548 acre, located at 216 - 16th Place, for condominium purposes. On motion by Council_ Member MOTION Buffa, seconded by Council Member Wheeler, the map and Map and Agreement agreement were approved; the Council did accept on Approved behalf cf the public the 2.50 -foot alley dedication; did also accept on behalf of the City the easement for public utility purposes and "the ingress/egress- easement for emergency and security vehicle purposes as dedi- cated; did .also approve said map pursuant to the provi- sions of Section 66436a (3)(A) cif the Subdivision Map Act; the Clerk .was authorized to sign the map, and the Mayer arra Clerk were authorized to sign the agreement on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, TAheeler, Fbrnbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Construction of the Donald Dungan Orange County Branch Rainey Construction Library has been completed to the satisfaction of the Leisure Services Director by Rainey Construction Company, Donald Dungan Incorporated, 601 West Lambert Road, La Habra. On motion Library by Council Member Buffa, seconded by Council Member Toheeler, the work was accepted;. the Clerk was authorized MOTION to file a Notice of Completion; authorization was given Work Accepted to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter.' The.notion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, T,hieeler, Hbrnbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Orcbr. 2 The Leisure Services Director recommended approval of and Notice of Charge Order No. 2 for $4,330.00 to the contract with Completion Hondo Company, 1201 East Hunter Avenue, Santa Ana, for Hondo Canpany expansion of the irrigation system in connection with the Vista Park Slope Renovation and Restroan Replace - Vista Park Slcpe mant. He also recommended that Council accept the Renovation and improvements since the project has been completed satis- Restroan . factorily. On motion by Council Member Buffa, seconded Replacement by Council Member Meeler,.the change order was approved; the work vas accepted; the Clerk was authorized to file MOTION a Notice of Completion; authorization was given to Change Order release retention funds 35 days thereafter; the. Labor Approved; Work and Material Bond vas ordered exonerated 7 months there - Accepted after; and the Performance Bond was ordered exonerated 12 moths thereafter. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tnheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: OOUNCIL MEMBERS: None Notice of Completion The Gisler Park Improvements have been completed to the General Procurement satisfaction of the Leisure Services Director by General and Construction Procurement and Construction Company, Incorporated, 3100 Airway Avenue, Suite 138, Costa Mesa. On motion by Gisler Park Council Member Biffa, seconded by Council Member Improvements Vheeler, the work was accepted; the Clerk vas authorized to file a Notice of Completion; the Labor and Material MOTION Bond was ordered exonerated 7 months thereafter; the Work Accepted Performance Bond was ordered exonerated 12 months there- after; and authorization was given to retain all reterr- t ion funds as re imbursement to the City since City crews completed the landscaping and irrigation.. The ration carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tnheeler, Hornbuckle, Buffa NOES: COUNCIL . MEMBERS: Nene ABSENT: COUNCIL MEMBERS: None Traf f is Signal Modification of the traffic signal at Plaza Drive and Modification at Sunflower Avenue has been completed to the satisfaction Plaza/Sunflower of the Public Services Director by South Coast Plaza, a by South Coast California partnership, 3315 Fairview Road, Costa Mesa. Plaza On motion by Council Member Buffa, seconded by Council Member V,heeler, the work was accepted and the bonds were MOTION ordered exonerated. The motion carried by the following Work Accepted roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey,,ttheeler, tbrnbuckle, Buffa NOES: COUNCIL MEMBERS: thne ABSENT: COUNCIL MEMBERS: None Request. for OCUIT On motion by Council Member. Buffa, seconded by Council Funds bor Routes Member Wheeler, Resolution 87-110, being A RESOLUTION 55/73 Connectors OF THE CITY COUNCIL CF THE CITY CF COSTA MESA, CALI- FORNIA, RD)LESTING THE ORANGE COUNTY TRANSPORTATION MOTION COMMISSION TO ALLOCATE ORANGE COUNTY UNIFIED TRANSPOR- Resolution 87-110 TATION TRUST (OCUTT).FUNDS FOR MUTE 55/ROUTE 73 Adopted CONNECTORS, in the amount of $70,000.00, was adopted by the following roll -call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, feeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nbne ABSENT: COUNCIL MEMBERS: None Budget Adjustments A motion was made by Council Member Buffa, seconded by Council Member Wheeler, to approve the following Budget MOTION Adjustments: Adjustments 88-45, 88-49, and .88-58 Budget Adjustment No. 88-45 for $48,000.00, to trans - Approved fer funds from the Narcotics Forfeiture Trust Fund to the Operating Budget .for fiscal year 1987-88; Budget Adjustment No. 88-49 for $35,000.00, to conduct: a traffic study on Country Club Drive; and Budget Adjustment No. 88-58 for $75,045.00, for five additional positions in the Public Services Depart- rrent 'per City Council action of November 16, 1987. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornb tickle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: OOUNCIL MEMBERS: None Amendment to The Finance Director requested approval of an amendment Contract with Vertex to the .contract with Vertex Cost Systems, Incorporated, Cost Systems 4200 Trabuco Road, Suite 215, Irvine, in the amount -of $2,500.00, for the A-87 Cost Allocation Plan and User A-87 Cost Allocation Fee Cost Recovery Program. On motion by Council Member Plan aril User Fee Buffa, seconded by Council Member Wheeler, the amendment Cost Recovery was approved by .the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, MOTION Hornbuckle, Buffa Amendment NOES: COUNCIL MEMBERS: None Approved ABSENT: COUNCIL MEMBERS: None Change Order 1 The .City Manager. recommended approval of Change Order Image Electronics No. 1 for $37,000.00, to the contract with Image Electronics, 18437-C Mt. Langley Street, Fountain Modifications to Valley,. for modifications to the video production Video Production system for cablecasting Council meetings and other System meetings and/or events held in the Council Chambers. On motion by Council Member Buffa, seconded by Council MOTION Member Wheeler, the change order was approved by the Change Order following roll call vote: Approved AYES:, COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Ebrnbuckle, Buffa NOES: COUNCIL MEMBERS: Dbne ABSENT: COUNCIL MEMBERS: None Application for Iter 4(h) on the Consent Calendar was presented: An Leave to Present Application for Leave to Present"a Late Claim from a Late Claim/ Dolores'A. Howard. Howard Council 'Member Wheeler was in favor of granting' leave to present a late claim and paying the claim. MOTION Based upon the information contained in the Assistant Application City Attorney's conf icbntial mermrandum of November 12, Denied 1987, Council Member Hornbuckle made a motion to deny claimant's Application for Leave to Present a Late Claim. The motion was seconded by Vice Mayor Amburgey, and carried 4-1, Council Member Meeler voting no. Bid Item 781 "A" Item 5(a) on the Consent Calendar was presented: Bid Rotary Lawn Mower Item No. 781, Revision "A", Turf Maintenance Equipment, Exhibit "D", Revision "A" , Rotary Lawn Mower. Removed frau At the request of the City Manager, this item was Agenda removed fran the Agenda. OLD BUSINESS The Cleric presented a resolution declaring the result of the Special Municipal Election held in the City' of Costa Election Results Mesa on November 3, 1987, relating to an appropriations for Measure "C" limit increase, to wit: MEASURE "C" To provide nore safety for the public, to improve the condition of City streets, curbs., gutters, parkways and sidewalks, and to fund the construction of new sidewalks for pedestrian. safety and canmunity improve- mant, shall the appropriations limit of the City of Costa Mesa be increased to the amount of the actual proceeds of taxes received in each year for the four fiscal years starting with Fiscal Year 1985-86? The whole number of votes cast (except absentee votes) was 5,739; the whole number of absentee votes cast was 460, for a total of 6,199 votes cast. Total number of ballots cast was 6,264. Measure "C" was approved having received 3,927 votes in favor of its passage. MOTION On motion by Council Member Buffa, seconded by Council Resolution 87-111 Member Meeler, Resolution 87-111, being A RESOLUTION OF Adopted THE CITY COUNCIL CF .THE CITY CF COSTA MESA, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON NWEMBER 3, 1987, DECLARING THE RESULT THERECF AND SUCH OTHER -MATTERS AS ARE PROVIDED BY LAW, was adapted lhi the follaaing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Vdheeler, Hornbuckle, Buffa NOES : COUNCIL MEMBERS: None ABSENT: OOUI_IL MEMBERS: None R-87-07 The Clerk presented Ordinance 87-13 for second reading Sieminski and adoption. The ordinance charges the zoning of properties at 1981 and 1985 PonDna Avenue arra at 1980 Sterling Avenue fran R2 to R3, in connection with Rezone Petition R-87-07, E. Richard Sieminski, Sage Development Corporation, 8055 West Manchester Avenue, Playa del Rey. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in opposition to the higher density. Roy Pizarek, 1923 TAhittier Avenue, Costa Mesa, repre- senting the Mesa West Homeowners Association, opposed R3 zoning mainly because of the impact increased traffic would have on the area. He preferred having more prop- erties zoned for single-family on the west side. Council Member Meeler cemrrented that this was another example of spot. rezonirg, and opposed R3 zoning in a stable R2 neighborhood next to an Rl neighborhood. 3n1_J NJ . Council Member Hornbuckle.disagreed that this is an R2 neighborhood since every other lot- is R2 or R3; however, she could not support R3 zoning because of insufficient on -street parking in the area, and the increased traffic whichwould be generated. She pointed out that Pomona Schaol is nearby and.would be adversely affected by additional traffic. MOTION On motion by Vice Mayor Amburgey, seconded by Council Ordinance 87-13 Member Buffa, Ordinance 87-13', being AN ORDINANCE CF Adopted THE CITY COUNCIL CF THE CITY CF COSTA MESA, CALIFORNIA, CHANGING THE ZONING CF PROPERTIES AT 1981 AND 1985 POMONA AVENUE AND AT 1980 STERLING AVENUE FRCM R2 TO R3, vias given second reading and adopted by the follow - i ng - roll call vote: AYES: COUNCIL MEMBERS:. - Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS:. Uieeler, Ibrnbuckle ABSENT: COUNCIL MEMBERS: None Site Coverage and The Clerk presented Ordinance 87-24 for second reading Permitted Uses in and adoption.. The ordinance amends the Municipal Code the PDC Zone relating to site coverage and the list of permitted uses -in the .Planned Development Commercial zone. John Humphrey,. -1620 Sandalwood Street, Costa Mesa, submitted a letter for the record frau Sandra L. Genis, 1586 Myrtlewood Street, Costa Mesa. The letter objects to proposed amendments to Planned Development standards contained in Sections.13-249(6) arra 13-251(2) of the Costa Mesa Municipal Code. The letter also contains alternative language for Section 13-249(6) should the Council proceed with the proposed amendments. J. Scott Williams, .3465 Santa Clara Circle, Costa Mesa, referenced the Writ of Mandate issued in connection with ,development _of One South Coast Place, stating that the judge ruled that_pLblic hearings must be held for any major changes in zoning ordinances. Again referencing that property, Mr. Vd1liams stated that it. is not zoned for office use and it was not apprc- priate for the Council to now permit that use in the Planned Development Camnercial zone. He objected to adoption cf..Ordinance 87-24 based on his opinion that a public hearing was not held. Mayor Hall responded to. Mr. Williams by advising him that the public hearing was -held * as held. on November 16, 1987, when the ordinance was given first reading. The City Attorney expressed his opinion that the amend- ments contained in Ordinance 87-24 are in accordance with the court's direction. Mr. Williams stated that .it appears the City intends to amend the Municipal Code whenever use of a property and the -General Plan are in conflict. Mayor; Hall responded that ordinance changes are not uncanrmn. :As times.cdharge, ordinances are updated. Every time an ordinance is amended there is a public hearing relative to that charge. The Mayor commented that if the Council did not take the appropriate action to correct arry errors or inadequacies contained. in the Code they - would be neglecting their duty. Sid Sof ter, 90 0 Arbor Street, Costa Mesa, canmented that sorre people do not understand the public hearing process. It was his opinion that the City has the right to make Code arrendrrents and that he, believed the City is doing what the court mandated. John Humphrey spoke again, this time on his awn behalf, and expressed his opposition to, the proposed amendment because he believed it would provide a means to circum- vent the General Plan, and would adversely impact the community. MOTION Council Member Buffa made a motion, seconded by Vice Ordinance 87-24 Mayor Amburgey, to give secord reading and to adopt Adapted Ordinance 87-24, being PN ORDIMNCE CF THE CITY COUNCIL CF THE CITY CF COSTA MESA, CALIFORNIA, AMENDING THE COSTA MESA MNICIPAL CODE RELATING TO THE DEFINITION CF SITE COVERACF AND. THE LIST OF PERMITTED [SES IN THE PJANNED IEVELCPMENT QDMMERCIAL ZONE. Council Member Meeler .was of the opinion that the uses permitted in this- zone are being changed in order to allow a certain project to be constructed. He stated that the proper procedure would be to determine what is going to happen in that area according to the General Plan, then when a project -is submitted, the use is meas- sured' against the requirements for that zone. Council Member'Wheeler contended that the ordinance does not regulate zoning because it allows anything to be built and there are no limitations on the density. He con- nented that generally, when uses are going to be added to a zone, they must be analyzed to determine if they are compatible, which did not happen in this case; and no analysis nor study was done to show the impacts of the, off ice use. He expressed particular concern about traffic impacts. Council Member Hornbuckle asked how long the City has had the PDC zone and how long of f ice use has been per- mitted in that zone. Mayor Hall responded that the PDC zone has existed - for approximately 13 to 15 years and office ,use has been permitted since the inception of PDC zroni ng . Council Member Buffa reported : that office use has always been considered a permitted use in the PDC zone; however, the ordinance -was not specific enough.: Mayor Hall commented that professional service estab- lishments are usually housed in offices, aril he believed this .was the intent of the ordinance. He concluded that the amendment is merely a clarification of the "service" use. The motion to adopt Ordinance 87-24 carried by the fnllowirg roll call vote: AYES: OOUI_IL MEMBERS: Hall, Amburgey, Ebrnbuckle, Buffa NOES: COUNCIL MEMBERS: Uieeler ABSENT: COUNCIL MEMBERS: None Testing Tentative The Cleric resented Ordinance 87-25 fror second reading Maps and adoption. The ordinance establishes regulations for vesting tentative maps, and amends the Municipal Code regarding tentative map duration. The Development Services Director reported that. at the Council meeting of November 16, 1987, Ordinance. 87-25 was presented to anend the Municipal Code which is currently out-of-date relative to the Subdivision Map Act provisions because of a new State law vhich becomes effective January 1, 1988. Since the last meeting, requested changes to the ordinance have been received fron Arnel Development Company and C. J. Segerstrom and Sons. The changes are as follows: 1 Section 426.1.B.6 - Traffic Impact Analysis (add: as required by CEQA. Eliminate Section 426.1B.8. Section 13-429. C.1, change to an initial time period of 24 months. Section 13-429 C..3 RE: Procedure to appeal Planning Caudssion denial cf time extension. Section 13-430.5 establishes an amendment procedure. Section 13-444, change to a 36-rmnth initial tenta- tive.approval period. Establishes procedure to appeal Planning Cammiss'iori deni ai cf tirre extension. Estab- lishes approval time limits for projects requiring certain public improvements, and extends approvals during rroratoriums. Section '13-426 C. Delete building permits so that this section does not imply that such permits are discretionary land use approvals. There was considerable discission on incorporating the requested changes into Ordinance 87-25 if Council were to agree ,with the ameridr ants. If the changes were incorporated into the existing ordinance, it would require another -first reading. Since staff had no objections to incorporating the changes recamTended by the developers, Council Members Hall,.,Amburgey, Hornbuckle, and Buffa indicated that _ they had no objections to discussing the amendments. Council `Member Wheeler believed the changes were very substantive ' so ' rmre time was needed to study them. After Council discussed the ,changes submitted, Mayor Hall announced that the City Manager made a suggestion which . would expedite matters:adopt- Ordinance 87-25 as written; and gig first reading to a new ordinance incorporating the charges. Council then could decide at the rreetirg . of December 21 which ordinance to adopt. The City Attorney recammended that if an ordinance is adapted including' Ithe changes, it should state that it supersedes Ordinance 87-25. MJTION On motion by Vice Mayor Amburgey, seconded by Council Ordinance 87-25 Member Buffa, Ordinance 87-25, being AN ORDINANCE OF THE Adopted CITY COUNCIL CF THE_ CITY CF COSTA MESA ESTABLISHING RE;UTATION FOR VESTING TENTATIVE MAPS AND AMENDING THE COSTA MESA MUNICIPAL OOZE REGAIDING TENTATIVE MAP DURA- TION,' was given second ' reading and adopted by the following roll call vote,: AYES:" COUNCIL MEMBERS: Hall, Amburgey, Vheeler, Hornbuckle, Buffa NOES: . COUNCIL MEM EERS : None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Buffa, seconded by Vice Ordinance 87-30 Mayor.Amburgey, Ordinance 87-30, being AN ORDINANCE OF Given First THE CITY COUNCIL CF THE CITY CF, COSTA MESA ESTABLISHING Reading REGULATION FOR VESTING TENTATIVE MAPS AND AMENDING THE OOSM. INESA MUNICIPAL CODE REGARQING TENTATIVE MAP DURATION, incorporating the changes recammended by Arnel and Segerstran and the recemrrendation cf the City Attorney, was gi% en first reading and passed to second reading by the following roll call vote: 30,9 AYES: COUNCIL MEMBERS: Hall, Amburgey, fbrnbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: OOUNCIL MEMBERS: None Traffic Commission The Cleric presented Ordinance 87-26 for second reading arra Staff Authority and adoption. The ordinance amends Section 10 of the and Duties Municipal Coda relating to Traf f is Cammiss ion and staff authority and duties. Sid Soffer, 900 Arbor Street, Costa Mesa, complained about the ordinance not being available for the public to read. After discussion, Mayor Hall asked the City Manager to look inbD the matter of having ordinances available for the public. MOTION A motion was made by Council Member Hornbuckle, seconded Ordinance 87-26 by Council Member Buffa, to give second reading and to Adopted adopt Ordinance 87-26, being AN ORDINANCE OF THE CITY COUNCIL CF THE CITY CF COSTA MESA, CALIFORNIA, AMENDING SECTION 10 OF THE COSTA MESA MUNICIPAL CODE, concerning authority and duties of the Traffic Commission arra s taf f. Council Member Wheeler objected to shifting certain responsibilities from the Traffic Commission to staff in that the canmi.ssioners are appointed by the Council who are responsible do the electorate. Council Member Hornbuckle strongly supported the ordi- nance since she has been attempting f3or three years to give more serious responsibilities to the Traffic Cammd.ssion. She stated that the commissioners have been frustrated in the past because they felt they were just wasting their tine at meetings. With the changes in the ordinance, they can coal with serious situations and assist with transportation problems. Council. Member Buffa expressed his agreement with Council Member Hornbuckle's statements. The motion to adopt Ordinance 87-26 carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, ibrnbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Restricting Parking On motion by Council Member Hornbuckle, seconded by of Trucks and Council Member Wheeler, Ordinance 87-27, being AN Canaercial Vehicles ORDINANCE CF THE CITY COUNCIL CF THE CITY CF' COSTA MESA, CALIFORNIA, RESTRICTING THE PARKING CF TRUCKS AND COM- MOTION MERCIAL VEHICLES, was given second reading and adopted Ordinance 87-27 by the following 'r'oll call vote: Adopted AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nene ABSENT: COUNCIL MEMBERS: None Hazardous Material On motion by Council Member Wheeler, seconded by Council Disclosure Member Buffa, Ordinance 87-28, being AN ORDINANCE CF THE CITY COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, MO'T'ION CONCERNING HAZARDOUS MATERIAL DISCLOSURE, was given Ordinance 87-28 second,reading and adopted by the following roll call Adopted vote: J AYES: COUI_IL MEMBERS: NOES: COUNCIL MEMBERS: Hall, Amburgey, Uieeler, Hornbuckle, Buffa None ABSENT: COUNCIL MEMBERS: None Revision of The Clerk presented Ordinance 87-29 for second reading Council Meeting and adoption. The ordinance revises certain Council Procedures meting procedures. Sid Soffer,. 900 Arbor Street, Costa Mesa, asked about the revisions. The Mayor responded that the ordinance changes the order of business on the Council Agenda, and it was discussed at the last Council meting. Council Member Hornbuckle objected to Oral Communica- tions being moved to the end of the meting. Council Member Wheeler stated that moving Oral Canmuni- cations to the end of the meting will discourage citi- zen participation. He also believed that having an Invocation at the beginning of a governnental service, particularly one that is codified within the laws of the City, violates the separation of church arra State as referenced in the Constitution. MOTION On motion by Vice Mayor Amburgey, seconded by Council Ordinance 87-29 Member Buffa, Ordinance 87-29, being AN ORDINNNCE CE Adopted THE CITY COUNCIL CE THE CITY OF COSTA MESA, CALIFORNIA, COIUERNING REVISION CF CERTAIN COUNCIL MEETING PRO- CEDURES, was given second reading and adopted by the following roll call wte: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa, NOES: COUNCIL MEMBERS: Wheeler, Hornbuckle ABSENT: COUNCIL MEMBERS: None Tn�,RRANI'S On motion by Council Member Buffa, seconded by Council Member Hornbuckle, Warrant Resolution 1377 was approved MOTION by the hollowing roll call vote: Warrant 1377 AYES: COUNCIL MEMBERS: Hall, Amburgey, lAheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Buffa, seconded by Council Warrant 1378 Member Hornbuckle, Warrant Resolution 1378, including Approved Payrolls 8723 and 8724, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:25 p.m., and the meet- ing reconvened at 8:35 p.m. CITY ATTORNEY REPORTS As requested in the City Attorney's memorandum dated December 2,"1987, Mayor Hall announced that a closed Request for session will be held at the errs of regular business to Closed Session discuss pending litigation. CITY MANAGER The City Manager referenced his memorandum of December REPORTS 3, 1987, concerning citizen participation in the imple- mentation of Measure "C". He mentioned that the four Measure "C" alternatives contained in the memorandum are not all Implementation inclusive of all possibilities nor answers for everyone; they are merely a starting point for this project. ... : 312 MOTION A motion was made by Vice Mayor Amburgey, seconded by Alternative "C" Council Member Buffa, selecting Alternative "C "In Selected lieu of establishing a fnrmal committee, the City Council will request that each homeowners .association designate a sificanmittee or individual with wham the staff could meet and review parkway projects as ,they pertain to that. neighborhood; and since there is no homeowners association for the east side of Costa Mesa, at -large representatives will be appointed frau, that area". Council Member Wheeler believed Alternatives "A' and "B" ware more desirable because they would set up committees that would actually be allocating the areas where the repairs would be made; therefore, citizens would be in7olwd in making those allocations. He mentioned that Alternative "C" merely has one repre- sentative from each homeowners association discussing with staff the particular parkway projects; therefore, staff would be deciding where the projects will be built. instead of the citizens making those decisions. The motion to select Alternative "C" carried 4-1, Council Member Meeler voting no. PUBLIC HEARINGS The Clerk announced the public hearings, continued from Appeal of the the meeting of November 16, 1987, concerning rehearings Adoption oaf requested by Sandra Genis, 1586 Myrtlewood Street, Costa Resolution 87-82 Mesa, on the following items: Concerning PA -87-15; and Resolution 87-85 Adoption of Resolution 87-82, approving supplemental Adopting GP -87,4 findings for Planning Action PA -87-15, C. J. Seger- stran and Sons, for property located at One South Coast Place (Home Rand site) ; and Adoption of Resolution 87-85, adopting General Plan Amendment GP -87-4, initiated by the City of Costa Mesa, concerning maximum development intensity levels for the Segerstrom property bordered by Harbor Boule- vard, Sunflower Avenue, Fairview Road, and I-405; the Arnel Development property bordered by Bear Street and I-9405; the Transpacific Development prop= erty bordered by Anton Boulevard arra I-,405; and the Sakicka property bordered by Sakioka Drive, Sunflower Avenue, Main Street, and the 55 Freeway. The City Attorney recanmen3ed adopting a resolution rescinding approval of Environmental Impact Report No. 1036, and Resolutions 87-82 and 87-85 as ordered by the court's Writ of Mandate. Responding to Sid Soffer's inquiry, Mayor Hall stated that rescinding the previous actions means that the Hare Ranch project will have to be reconsideredby Council . There being no other speakers, the Mayor closed. the public hearing. MOTION On motion ty Council Member Wheeler, seconded by Council Resolution 87-112 Member Buffa, Resolution 87-112, being A RESOLUTION CF Adopted THE CITY COUNCIL CF THE CITY CF COSTA MESA, CALIFORNIA, RESCINDING CERTAIN ACTIONS REGARDING THE SEGERSTFa4 HONE RANCH PROJECT PURSUANT TO WRIT CF MANEATE, was adopted by the following roll call vote: ASES : COUNCIL. MEMBERS: . Hall, Amburgey, Meeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 'I. PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of PA -87-145 the imeting. of November 16, 1987, tD consider an appli- Exxon Company cation frc'm'Fairview Village Homeowners Association, 2479 Fairvibw Way, Costa Mesa, appealing the Planning Caumission's approval of Planning Action PA -87-145, Tri State Engineering Company, Post Office Box 4214, Fullerton, authorized agent for Exxon Company, U.S.A. , a Division of Exxon Corporation, 1200 Smith Street, Suite 1050, Houston, Texas, for a Conditional Use Permit to construct a mini -market at an existing gaso- line service station located at 2490 Fairview Road in a Cl zone; arra an appeal of Condition of Approval No. 2, "Hours of 'operation shall be limited to the hours 6f_6:00 a.m. to 10:00 p.m," from Tri State Engineering Canpany. Environmental Determination: Exempt. A communication was received frau James Michael, James Michael & Associates, Incorporated, Post Office Box 2427, Costa Mesa, representing the Fairview Village Homeowners Association, opposing approval of the application. Staff recommended that Council withdraw the application and refund the filing fees because it has been found that the General Plan designation for the property and the zoning are not consistent;, therefore, the applica- tion cannot be appr.aved without a rezone to Commercial Limited (CL) to reconcile this inconsistency. Sid Soffer, 900 Arbor Street, Costa Mesa, was opposed to the ,application being withdrawn. There'beirg..no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Wheeler, seconded by Council PA -87-145 Member Buffa, and carried 5-0, Planning Action PA -87-145 WithIrawn was withdrawn and authorization was given to refund the f fling- fees. - NEW BUSINESS The Clerkpresented a request froan the Cable Television CommLttee for a grant of $500.00 per year for public Request for Funds service programming as outlined in the canmitee,'s memor- fran Cable TV andumi' dated December 1, 1987.' Committee MOTION Funds Authorized Transportation Sys tem Des ign Competition On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, the request was approved by the follow- ing roll. call -vote:. A)ES z COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: OOUNCI L MEMEERS : Ibne ABSENT: COUIUIL MEMBERS: None The Clerk Resented a recannendation from Council Member Buffa to establish a transportation system design compe- tition. Council Member Buffo referred to his memorandum dated December 4, 1987, which outlines his ideas for the project. He recannLerxled establishing a national canpe- tition fbr the design of a comprehensive transportation system for Costa Mesa through the year 2050. The competition would offer a cash award of $7,500.00. The judges would include representatives of the camT mitt', Council, staff, and urban planning academies. 31�1 Council Member Hornbuckle liked the idea of a campeti- tion ,but was concerned about some of the details, such as cost, who would organize the conpetition, and who would set the ground rules. She also was concerned about overburdening the City Manager's office. She asked if Council Member Buffa would agree to an approval of the concept with details to cane back to Council at soTre later time. Council Member Buffa replied that he merely wanted to know if Council agreed with the concept, and if so, details would be forthcaning. He canmented that the award of $7,500.00 was quite modest considering the amount of money the Council has given freely to athletic teams, dancers, and others who have requested funds. Council Member Hornbuckle canmented that she would support asking for a report from staff to determine how the competition will be implemented. Mayor Hall was of the opinion that the award was a bit miserly considering the magnitude of benefits that may be derived. Council Member Wheeler suggested that the land use would have to be determined first based on the fact that the General Plan is illegal and is being revamped, and he thought it would be better to wait until the General Plan Update has been completed. Council Member Wheeler also mentioned there would be no benefit to the current taxpayers. Council Member Buffa responded that staff is in the process of updating the General Plan, the competition results would not be forthcaning in 60 or 90 days, and it is apparent that the City's land uses have been determined since there is only approximately four percent of Costa Mesa lam available for commercial development. Sid Soffer, 900 Arbor Street, Costa Mesa, believed the competition would be an excellent opportunity to attempt to solve traffic problems. Mayor Hall canmented that the campetition is very inno- vative and an excellent idea. MOTION A motion was made by Council Member Buffa, seconded by Transportation Mayor Hall, to establish a program for a national compe- Systen Canpatition tition for a transportation system with a cash avaard of Established $7,500.00, and directing the City Manager's staff to prepare a memorandum outlining details on how the pro- gram will be administered and judged. Council Member Wheeler stated that the proposal will not sol.w, anything because there are no land use assumptions upon which to base a transportation system. He also objected to the proposal because the taxpayers that are currently paying these revenues will not benefit from solutions for the year 2050. He commented that high cbnsity is what is causing the transportation crisis, and in his opinion, this was a monuTrental waste of money, it merits the Proxmire award for waste in govern - Trent, and it should join the previous Council decision when $40,000.00 was spent on a slide show. The motion to establish the competition carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEKBERS: Meeler ABSENT: COUNCIL MEMBERS: None Requests for General The.Clerk presented four requests to process General Plan Amendments Plan Amendments. The requests are for properties at 514 and 518 Bernard'Street, 111-119 Cecil Place, and 2900 College Avenue; as well as the Master Plan of Bikeways. A cammunication was received from Harry G. Thomasen, President, Boat Transit, Incorporated, owner of property at 1343 Logan Avenue, Costa Mesa, stating that he had no objections to a General Plan Amendment arra rezone at 2900 College Avenue. 514 and 518 The Development Services Director referred to staff's Bernard Street memorandum of November 10, 1987. The first request FerrymarVoriental was frfrccn Jim Ferryman, 1095 Tulare Drive, Costa Mesa, Realty USA representing Oriental Realty USA, Incorporated, 2625 East First Street, .Los Angeles. The applicant is requesting a land use designation change from General CamTercial to High Density Residential for property at 514 and 518 Bernard Street. In conjunction with the General Plan Amendment, the applicant will be requesting a zone change frau R2 to R3 for the purpose of constructing. 12 condaniniums on a site containing approximately 0.5 -acre. The Director reported that processing the General Plan Amendrrent request would provide an opportunity to address a General Plan/zoning conflict, particularly if .the study area were expanded to include all four lots in the imrrediate project area which front on Bernard Street. He specifically recanmended that if Council were to approve the request, all four proper= ties should be included.., Jim Ferryman spoke in support of the request and agreed that all four parcels should be included in the study area., He also believed R3 zoning would be appropriate for the sites. MOTION A notion was made by Vice Mayor Amburgey, seconded by Application for Mayor Hall, and carried 5-0, to accept the application GPA Accepted for a General Plan Amendment -for -the four lots recon- manded by staff. 111-119 Cecil The second request was received from David Michelson, Place 1995 Temple'Hills Drive, Laguna Beach, to change the Michelson land use designation at 111-119 Cecil Place from Neighborhood Camnercial to High Density Residential. The Development Services Director reported that a rezone frau C2 to R4 is also proposed, and the applicant in- tends to construct a "nonprof it" senior citizen apartment project on the site. The Director pointed out that the request does not satisfy any of the three acceptable criteria contained in Council Rblicy 500-2. Also, the request applies to a wall area which is one of the criteria to reject an application. David' Michelson spoke about his intention to build a senior .citizens project and was cf the opinion that the site will never be cbvelcped for camudercial use. �J_k3 Sid Soffer, 900 Arbor Street, Costa Mesa, asked for confirmation of his understanding of zoning arra land use cons istency. Council Member Wheeler opposed processing the appli- cation because the site is too small, it does not meet any of the criteria, and it is adjacent to a single-family area. Council Member Hornbuckle stated that changing the land use would make that area Imre inconsistent. Also, because the freeway will be going through that area, the property should remain cammercial. MOTION On notion by Council Member Hornbuckle, seconded by Application for Council Member Wheeler, arra carried 4-1, Buffa voting GPA Denied no, the request to process a General Plan Amendment was deanied. 2900 College The third request was received from Michael Lawler, Avenue/Lawler 1611 Aliso Avenue, Costa Mesa, to change the land use designation at 2900 College Avenue frcm Light Industry to High Density Residential. The Development Services Director reported that a rezone fran MG to R4 is also proposed, and the applicant intends to build 72 apartnents on the three -acre site. According to Council Policy 500-2, the request does not satisfy any of the three criteria of acceptance; however, the project proposed by the applicant would fulfill a portion of the housing demand for other Segerstran projects. Michael Lawler contended that it would be much better to have residential use on both sides of the street; also, the project conforms to the surrounding lard use. Mr. Lawler contacted neighbors and they are in favor of the project. MOTION After brief discussion, a motion was made by Council Application for Member Wheeler, seconded by Vice Mayor Amburgey, to GI, Accepted accept a General Plan Amendn ent application for processing. The motion carried 5-0. Master Plan of The fourth request was received from the Transportation Bikeways Services Division for the City to initiate an ainendment to the Master Plan of Bikeways which would provide for a bike trail fran the One South Coast Place site through the former railroad underpass at Wickes Furniture, and proceed along Gisler Avenue to the Santa Ana River Trail. MOTION On motion by Council Member Buffa, seconded by Council Application for Member Hornbuckle, and carried 5-0, the application GPA Accepted for a General Plan Amendment was accepted. ADJOURNMENT TO At 10:00 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the First Floor Conference Room to discuss pending litigation. Db action was taken. ADJOURNMENT The Mayor cbclared ATTEST: , City Clerk of the City of Costa Mr the me 1 adjourned at 10:35 .m. 1 Mayor of thb City of Costa Mesa