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HomeMy WebLinkAbout05/02/1988 - City Council1 0 RE;UTAR MEETING OF THE CITY COUNCIL CITY OF CDSTA MESA MAY 2, 1988 The City Council of the City of Costa Mesa, California, net in regular session May 2, 1988, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The rreeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Carl 0maye, Orange Coast Free Methodist Church. ROLL CALL Council Members Present: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MINUTES On motion by Council Member Hornbuckle, seconded by April 18, 1988 Council Member Buffa, and carried 5-0, minutes of the regular meeting of April 18, 1988, were approved as distributed. ORDINANCES A notion was made by Council Member Buffa, seconded by Vice Mayor Amburgey, and carried 5-0, to read all ordi- nances by title only. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Items 7(a) and 7(b), EIR No. 1039, and Planning Actions PA -88-51 and PA -88-51F1, for the Segerstrcm Hame Ranch site arra One South Coast Place. On motion by Vice Mayor Amburgey, seconded by Council Member Hornbuckle, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN On motion by Vice Mayor Amburgey, seconded by Council COMMUNICATIONS Member Hornbuckle, Resolution 88-27, beim A RESOLUTION CF THE CITY ODUNCIL CF THE CITY OF COSTA MESA, CALI- Records Destruction FORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE for Finance DEPARTMENT CF THE CITY OF COSTA MESA, PURSUANT '1O ORDI- NANCE NO. 75-60, was adopted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Resolution 88-27 Hornbuckle, Buffa Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Records Destruction On motion by Vice Mayor Amburgey, seconded by Council for Building Safety Member Hornbuckle, Resolution 88-28, being A RESOLUTION CF THE CITY COUNCIL OF THE CITY CF COSTA MESA, CALI- MOTION FORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE BUILD - Resolution 88-28 ING SAFETY DIVISION CF THE CITY CF ODSTA MESA, PURSUANT Adcpted TO ORDID ANCE NO. 75-60, was adopted by the fi)llowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT : COUNCIL MEMBERS: None 477 READING FOLDER On nation by Vice Mayor Amburgey, seconded by Council Member.Hornbuckle, and carried 5-0,.the following Read- ing Folder items were received and processed: Claims Claim received by the City Clerk from Evelyn Walton. Local Agency. Notice from the Orange County Local Agency Formation Formation Commission concerning proposed annexations to the Commission Costa Mesa Sanitary District: Engineer's No. 235 Annexation located at 745-749 Paularino Avenue; and Engineer's No. 236 Annexation located at 2900 College Avenue. BUSINESS PERAITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Veterans of Foreign Wars, Veterans of Coast Line Post No. 3536 and Auxiliary, 565 West 18th Foreign Wars Street, Costa Mesa, by selling "Buddy Poppies" at vari- ous locations, May 13 and 14, 1988. On motion by M3TION Vice Mayor Amburgey, seconded by Council Member Permit Approved Hornbuckle, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). Jewish War Notice of Intention to Appeal or Solicit for Charitable Vaterans Purpose .vas received from Jewish War Veterans of the U.S.A. , Harry Hoff Inst No. 595, c/o Sidney Chester, 851 Presidio Drive, Costa Mesa, by selling poppies at vari- MOTION ous locations, May 16 through 31, 1988. On motion by Permit Approved, Vice Mayor Amburgey, seconded by Council Member Hornbuckle, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). Scottish Society. Notice of Intention to Appeal or Solicit for Charitable Purpose vas received from United Scottish Society, Incorporated, 1914 Springtree Drive, Perris, by holding MMON "Scottish Games", a cultural event and festival, at the Permit Approved Orange County Fairgrounds, May 28 and 29, 1988. On motion by Vice Mayor Amburgey, seconded by Council Member Hornbuckle, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j) . SET FOR PUBLIC On motion by Vice Mayor Amburgey, seconded by Council HEARING Member Hornbuckle, and carried 5-0, the following item was set for public hearing on May 16, 1988, at 6:30 p.m., in the Council Chambers of City Hall: GP -88-2 General Plan Amendment GP -88-2, City of Costa Mesa, City of Costa Mesa to change the land use designation from Urban Center Residential to High Density Residential, or Medium M3TION. Density Residential, or Public and Semi-public, at Hearing Set for the Coast Community College District administrative May 16, 1988 site, 1370 Adams Avenue. Environmental Determina- tion: Negative Declaration. WARRXiTS On motion by Vice Mayor Amburgey, seconded by Council Member Hornbuckle, Warrant Resolution 1392, including MJTION Payroll 8808, and Warrant Resolution 1393, were approved Warrants 1392 and by the following roll call vote: 1393 Approved A)ES : COUNCIL MEMBERS: Hall, Amburgey, Wieeler, Hornbuckle, Buffa NOES: 03UNCI L MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Vice Mayor Amburgey, seconded by Council Chase Member Hornbuckle, and carried 5-0, the claim from Schaara Chase was rejected. 1 0 L Sisk On motion by Vice Mayor Amburgey, seconded by Council Member Hornbuckle, arra carried 5-0, the claim from Della T. T. Sisk was rejected. . Goodrow On motion by Vice Mayor Amburgey, seconded by Council Member Hornbuckle, and carried 5-0, an Application for Leave to Present a Late Claim frau Michelle M. Goodrow was denied. ADMINISTRATIVE ACTIONS Bids received for Bid Item No. 807, Construct a Dance Floor at the Neighborhood Cammuni ty Center, are on file Bid Item No. 807 in the Clerk's office. On motion by Vice Mayor Dance Floor Amburgey, seconded by Council Member Hornbuckle, the contract was awarded to Bob Osterlund Floors, 3863. South MOTION Main Street, Santa Ana, for $5,395.40. The motion car - Awarded to Bob ried by the fb1lowirg roll call vote: Osterlund Floors AYES: COUNCIL MEMBERS: Hall, Amburgey, Vxheeler, Hornbuckle, Buffa NOES: ' COUNCI L MEMBERS: Nene ABSENT: COUNCIL MEMBERS: None Monrovia, Bids received for Construction of Street Closures at Continental,, and Monrovia Avenue aryl 20th Street, Continental Avenue and Federal Street Oak Street, and Federal Avenue and Oak Street are on Closures file in the'Clerk's office. On motion by Vice Mayor Amburgey, seconded by Council Member Hornbuckle, the MOTION contract was warded to Fecit Strata Construction, 10727 Awarded to Leland Drive, WAttier, for $27,590.00. The motion Fecit Strata carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, 10heeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreenent with Form, Incorporated Redesign Portions of Canyon Park MOTION Agreenent Approved The Director of Leisure Services recammended approval of an agreement with Forma, Incorporated, 190 Newport Center Drive, Newport Beach, in an amount not to exceed $77,000.00, to redesign portions of Canyon Park. On mot ion ' by Vice Mayor Amburgey, seconded by Council Member Hornbuckle, the agreement was approved, and the Mayor and Cleric %ere authorized to sign on behalf of the City. The motion carried by the fb1lowing roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, V,heeler, Hornbuckle, Buffa None None Improvements in Construction of a block wall and monumentation in Tract Tract No. 12564 No. 12564, 2575 Elden Avenue, have been canpleted to the by Elden Bay satisfaction of the Public Services Director by Elden Investment Bay Investment Group, 1182 Southeast Bristol Street, Suite 100, Santa Ana. ' On motion by Vice Mayor Amburgey; MOTION seconded by Council Member Hornbuckle, the improvements Improvements were accepted, and the bond and cash deposit were Accepted ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Vheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements for Construction of street improvements and a cul-de-sac on DR -87-18 by Randolph Avenue, in connection with Development Review Mozayeni DR 87=18, has been canpleted to the satisfaction of the Public Services Director by Abdul Mozayeni, 18552 MOTION MacArthur Boulevard, Suite 445, Irvine. On motion by Improvements Vice Mayor Amburgey, seconded by Council Member Accepted Hornbuckle, the improvements were accepted, and the Certificate of Deposit was ordered exonerated. The motion carried by the following roll call vote: AYES: OOUNCIL MEMBERS: Hall, Amburgey, Toheeler, Hornbuckle, Buffa NOES: 0OUNCI L MEMBERS: None ABSENT: COUNCIL MEMBERS: None OCUIT and FAU On motion by Vice Mayor Amburgey, seconded by Council Funds fDr Adams Member Hornbuckle, Resolution 88-29, being A RESOLUTION Avenue and Baker CP THE CITY COUNCIL CF THE CITY CF COSTA MESA, CALI- Street FORNIA, RBDUESTING THE CRINGE ODUNTY TRANSPORTATION No. 300-1 CCMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED MOTION TRANSPORTATION TRUST (OCUTT) FUND AND THE FEDERAL AID Resolution 88-29 URBAN (FAU) FUND IMPROVEMENT CF ADAMS AVENUE AND BAKER Adopted STREET, was adopted by the following roll call vote: Plan and Revised AYES: (DUNC I L MEMBERS: Hall, Amburgey, Wheeler, Policy Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Objection to On motion by Vice Mayor Amburgey, seconded by Council Closure of Harbor/ Member Hornbuckle, Resolution 88-30, being A RESOLUTION Wilson Branch of CIE' THE CITY COUNCIL CF THE CITY CF (SESTA MESA, CALI- Secur i ty Pacific FORN IA, OBJECTING TO CLOSING THE HARBOR/WILSON BRANCH National Bank CF SECURITY PACIFIC NATIONAL BANK AND TRANSFERRING THE CITY BANK ACODUNTS TO THE 17TH/ORANGE BRANCH, was MOTION adapted by the following roll call vote: Resolution 88-30 AYES: COUNCIL MEMBERS: Hall, Amburgey, Tpheeler, Adopted Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Firef ighters Post The City Manager recommended approval of the Costa Mesa Retirement Benefit Firefighters Association Post Retirement Medical Benefit Plan arra Revised Plan. Each firefighter who participates will contribute Council Policy $18.00 per month which will be matched by the City in No. 300-1 order to fund a plan for current firefighters who retire after May 1, 1988. The City Manager also recanmended revising Council Policy No. 300-1 per the agreement MOTION with the firefighters. On motion by Vice Mayor Plan and Revised Amburgey, seconded by Council Member Hornbuckle, the Policy Approved plan and revised Council Policy were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Vheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Business Permit Notice of Intention to Appeal or Solicit for Charitable for E1 Bekal Purpose was received from El Bekal Shrine Teeple, 1170 Shrine Temple East Pacifico Avenue, Anaheim, by selling tickets to a one -day circus at the Orange County Fairgrounds on MDTION May 7, 1988. On motion by Vice Mayor Amburgey, seconded Permit Approved by Council Member Hornbuckle, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j), and subject to two conditions recam- mended ty staff. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -88-41 set fnr the public hearing to consider an appeal of erne the Planning Canmission's denial of Planning Action PA -88-41 from Stephen J. Byrne, for a variance from rear setback requirements to expand an existing single- family residence at 3461 Plumeria Place, in an Rl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. 11 48 The Development Services Director summarized his memor- andum of April 27, 1988. The applicant is proposing an addition to his have which would cower 572 square feet of the rear yard area; however, the Municipal Code only permits up to 353 square feet of coverage. Staff noted that the 15 -foot side yard is quite usable ibr outside recreation but does not count towards yard area credit. If the variance were granted, the applicant could still add on in the side yard within 5 feet of the property line. If the applicant were to agree to restrict use of this area to open space, variance findings might be justified. The Director reported that the existing Code does not require a minimum open space percentage, and staff is of the opinion that the present development standard is somewhat cumbersome to calculate. In view of this, staff will be recanmending simplification of the Code by future ordinance amendments. Stephen Byrne, 3461 Plumeria Place, Costa Mesa, stated that in 1980, he added a room which was canpleted in accordance with the Municipal Code; however, since then, his family has grown arra additional space is needed. Mr. Byrne described the proposed modifications, and stated that if his request were approved, he would agree to a condition that a second story would not be added in the future. Michael Nutter, 3469 Plumeria Place, Costa Mesa, and Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the request. Doyle Forth, 1075 Redding Avenue, Costa Mesa, designer of the proposed addition, suggested that each property be considered on its own merits since setbacks vary in different sections of the City. There being no other speakers, the Mayor closed the public hearing. MOTION . A notion was made by Vice Mayor A rburgey, seconded by PA -88-41 Approved Council Member Buffa, -to approve Planning Action PA -88-41 based on the findings that the side yard set- back etback of 15 ibet is anple to mitigate encroachment into the rear yard setback, and will afford the owner an opportunity to expand his residence without building a second story, because two stories would be more detri- wental to the neighborhood than one story. AMENDED MOTION At the reconmendation of Council Member Buffa, Vice Added Conditions Mayor Amburgey amended his motion by adding: approval' and One Finding is subject to three conditions contained in the Staff Report, with the addition of Condition No. 4, construc- tion of a second story is prohibited; and adding a finding that there is an unusual alignment of Plumeria Place to the lot, and the lot - 'has a flag pole conf igurar tion. The amended motion was seconded by Council Member Buffa. SBOOND AMENEMENT At the suggestion of Council Member Hornbuckle, Vice TO MJTION Mayor Amburgey again amended his motion by adding Another Finding another finding: the conbined rear yard and side yard Added space provides ample usable open space for the property. The second amended mention was seconded by Council Member Buffa. Council Member Wheeler cc mented that even though staff intends is submit a new standard which would improve on existing Code requirements, that standard is not in effect now, and no special circumstance exists which supports granting a variance; therefore, he could not support the motion. Council Member Wheeler suggested first changing the Code and then processing this request. Responding to the Mayor's question, the applicant stated that he agreed to all conditions. The motion to approve PA -88-41, as amended, carried 4-1, Council Member Aieeler voting no. MMON Staff Directed to A motion was made by Council Member Hornbuckle, seconded Provide a Code by Council Member Wheeler, and carried 5-0, directing Amendment on Open staff to proceed to establish a minimum open space per - Space Percentage centage so that the Municipal Code can be amended accordingly. OLD BUSINESS The Clerk presented from the meeting of April 18, 1988, a letter from Robert E. Moody, 632 Shasta Lane, Costa Problems Caused Mesa, regarding problems caused by the parking facili- by Bristol Plaza ties and the use cf shuttle buses at the Bristol Plaza Complex complex. The Davelcpment Services Director reviewed his memorarr- dum of April 27, 1988, which responds to six concerns presented by Mr. Moody regarding construction of Bristol Plaza. The Director concluded his summarization by reporting that staff will contact QB Properties, owner of the Bristol Plaza office complex; and seek their cocperation in reducing any adverse impacts on the neighboring Brookview Condominium complex. MMaON Staff Directed to After discussion, a motion was made by Council Member Provide a Code Hornbuckle, seconded by Mayor Hall, and carried 5-0, Amerximent for directing staff to provide a revision to the Municipal Parking Lot and Code regarding parking lot lights and outdoor security Security Lights lighting so that all zones are adequately covered. Sensible Growth The Clerk presented from the meeting of April 18, 1988, Ballot Initiative reports concerning the Citizens' Sensible Growth and Traffic Control Initiative. Vice Mayor Amburgey reported that after speaking with many citizens in the community, it was his opinion that putting the initiative on the ballot should not be delayed any longer. MOTION A motion was made by Vice Mayor Amburgey, seconded by Authorized Council Member Hornbuckle, and carried 5-0, to place Initiative Placed the Citizens' Sensible Growth and Traffic Control on Ballot for Initiative on the ballot for the November 8, 1988, November 8, 1988 General Election. Council Member Wheeler stated that he welcomed placing the initiative on the ballot, and suggested that the two pending referendums (Metro Pointe and One South Coast Place) be placed on the same ballot. The Mayor requested conments on the reports submitted by the City Manager and City Attorney. The City Manager discussed his memorandum of April 28, 1988, concerning public review of the document, "Staff Analysis of the City of Costa Mesa on the Proposed Citizens' Sensible Growth and Traffic Control Amendment and Ordinance Initiative".' The merrorandum states that in the event the City Attorney deems it inappropriate to spend tax dollars to circulate the Staff Analysis -- 483 for public review and comment, or if Council feels it would be inappropriate from a policy standpoint, there is another possible option. As with other public docu- ments, a limited number of copies .of the Staff Analysis could be reproduced and kept on file in the City Clerk's office fDr public review. Citizens and/or organizations could then review the document either on a loan basis or by copying the document at the expense of the individual/ organization. The City Attorney summarized his memorandum of April 28, 1988, which considers the question of legal restrictions on the dissemination of the Staff Analysis. The City Attorney commented that City funds cannot be used to promote an issue one way ,or another. As a staff report requested by Council, the document is public record. Since certain statements in the report could be corn strued as promotional, the City Attorney recommended not making the document available at City expense, unless those statements are removed. If the Staff Analysis on the Initiative remains in its present fJorm, which is a report requested by Council as permitted by the Elec- tions Cod, it is a public record which should be made available fpr public review and/or purchase as are all public records. . MOTION A motion was made by Council Member Hornbuckle, seconded Staff Analysis by Council Member Buffa, to accept the Staff Analysis Accepted and to be in draft fprm and make it available in the City Clerk's Made Available for offices:) any interested parties can review or purchase Public Review it if they so desire. Council Member Wheeler stated that before Council votes on the motion, the. public should be able to comment on this item, and if public input is not taken, he would abstain from voting. Council.Menber Hornbuckle mentioned that there is no requirement that Council must take public testimony on every item. The motion carried 4-0, Council Member Wheeler abstain- ing. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the legality of Council's vote to place the Initiative on the ballot when the Agenda did not indicate such an action would be taken. The Mayor responded that placing.the Initiative on the ballot and the reports concerning that Initiative go hand-ir-hand. Council. Member Council Member Wheeler expressed his concern with Mr. Wheeler Abstained Sof far' s ccm ant and was of the opinion that the action on Motion to Place to place the Initiative on the ballot did not conform Initiatixe on the with the requirements of the Brown Act. In view of that November Ballot opinion, Council Member Wheeler withdrew his "yes" vote, and instead, abstained. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, was opposed to making the existing Staff Analysis available as a public document because the report contains biased statements which should be deleted befDre allowing the public to review it. Council Member Hornbuckle pointed cut that the Staff Analysis is the opinion of the staff and not Council's official position. Council Member Buffa mentioned that the Staff Analysis is a public record and cannot be suppressed. Council Member Wheeler believed that cpponents of the Initiative would circulate the document throughout the conmunity' pointing cut staff opinions which are biased against the Initiative. Vice Mayor Amburgey stated that the Staff Analysis is no different than any other staff report made available to the public. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, reported that the Staff Analysis was not available for public review; however, one of the Council Members allowed her to read his copy. She contended that the document is highly biased,hirghly inaccurate, and indi- cates a poor understanding of State law. Dona Goldstein, 1981 Wallace Avenue, Costa Mesa, stated that she read the entire Staff Analysis and urged other citizens to do the sane. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that bias is based on whether or not one agrees with what is written. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, addressed statements in the -document concerning staffing of the Fire Department. Mayor Hall reminded Mr. Humphrey that the issue being discussed was circulation of the document. Mr. R. C. Sherrick, 3146 Country Club Drive, Costa Mesa, stated that the Staff Analysis had been given to the media prior to this meeting and the newspapers have made comments on the report. He was of the opinion that the public's opinions should have been included in the document. Council Member Buffa announced that he would be making. two mations directing the City Manager to provide certain information to Council concerning traffic improvements and control. He stated that he would like to have Costa Mesa become one of the first cities in Orange County to adopta traffic control ordinance, and asked the City Manager what an appropriate time frame would be to produce such a draft ordinance. The City Manager responded that at least 60 days would be ' needed to obtain all necessary traffic control measures and traffic management provisions. He stated that after review of the information, staff should be ,given direction as to what types of measures and cora troll should.be contained in the ordinance. MOTION Council Member Buffa made a motion directing the City Directed City Manager to provide a list of traffic control measures Manager to Provide in 60 days which would state as the first objective, Traffic Control establishing Level of Service (LOS) "D" as a minimum at Measures in 60 all signalized intersections in the City, and tying any Days future developments to traffic improvements which will guarantee maintenance of LOS "D" in the future for these intersections. The motion was seconded by Council Member Hornbuckle. Council Member Hornbuckle'stated that she certainly supports the motion and hoped the public would not look 4s Before responding to the Vice Mayor'.s question, Council Member Baffa asked for information from the City Manager. The City Manager reported that staff would present a total proposal which would envision taking traffic ccunts.Citywide, and only using that data which is timely,,that is, where staff. is currently doing intersection analyses in North Costa Mesa. AMENDED MDTION Council Member IBuffa amended his motion by adding that Update Previous if updates of previous intersection studies are needed, Studies: if Needed those shall be included. Council Member Wheeler conmented that the information will not be useful because levels of service change after a development is canpleted. He stated he would abstain frau voting because. the item is not on the Agenda, nor are there any, recommendations from staff. on it: as a political, football, but rather as methods of establishing traffic .controls and funding f3Dr those improvements. Vice Mayor Amburgey stated that Council Member Buffa's suggestion is very aggressive, and if the City were successful, other -cities would look to Costa Mesa to assist .in salving their traffic problems. Council Member Wheeler conmented that the proposed ordinance is merely an alternative to the Sensible Growth, Initiative. He asserted that the proposal made by Council Member Buffo is not on the Agenda and to consider the motion this evening would be ignoring the Brown Act. Council Member Wheeler stated he would abstain from -voting because the motion is _ illegal. Council Member Buffa responded that his motion was a direction to _ the City Manager to provide information and as such is not a Brown Act issue. Council Member Hornbuckle pointed cut that staff was given direction to provide information for two previous items and there -were no objections raised. The City Attorney's opinion was that when an issue evolves from an item on the Agenda, it is proper to direct staff to provide information tier a future Council meeting.. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if staff could be given direction without a vote by Council, and Mayor Hall responded aff.imnatively. The motion .directing the City, Manager to provide certain traffic control treasures carried 4-0, Council Member Wieeler abstaining. MOTION Council Member Buffa moved,to direct the City Manager Directed City to provide at the meeting of May 16, 1988, an estimate Manager to Obtain of the cost and time involved, to conduct a Citywide Cast and Titre to study of all signalized .intersections in order to Determine Level cf detemnine exactly at what level of service those inter - Service at Certain sections are presently functioning. The motion was Intersections seconded by.Mayor Amburgey. Vice Mayor Amburgey asked if it was the intent of Council Member Buffa to eliminate those intersections which have already been studied. Before responding to the Vice Mayor'.s question, Council Member Baffa asked for information from the City Manager. The City Manager reported that staff would present a total proposal which would envision taking traffic ccunts.Citywide, and only using that data which is timely,,that is, where staff. is currently doing intersection analyses in North Costa Mesa. AMENDED MDTION Council Member IBuffa amended his motion by adding that Update Previous if updates of previous intersection studies are needed, Studies: if Needed those shall be included. Council Member Wheeler conmented that the information will not be useful because levels of service change after a development is canpleted. He stated he would abstain frau voting because. the item is not on the Agenda, nor are there any, recommendations from staff. The motion carried 4-0, Council Member Wheeler abstain- ing. Former Mayor Mayor Hall introduced former Costa Mesa Mayor Arlene Recognized Schafer. RECESS The Mayor declared a recess at 8:30 p.m., and the meet- ing reconvened at 8:40 p.m. Executive Director Council Member Hornbuckle introduced the newly appointed of Senior Citizens Executive Director of the Senior Citizens Nonprofit Corporation Corporation, Susan Schollenbertger. Request for The Clerk presented a request for rehearing from Hardy Rehearing to Strozier, The Planning Associates, 3151 Airway Avenue, Process a General Suite R-1, Costa Mesa, auth:)rized agent for Newport Plan Amendment/ Beach Budget Motel, 710 Wilshire Boulevard, Suite 615, Strozier Santa Monica, regarding Council's denial of his applica- tion to process a General Plan Amendment, to change the land use des ignat ion at 121 Albert Place from Medium Density Residential to Neighborhood Camrercial. The Development Services Director referred to his memorandum of April"26, 1988, stating that Council denied the request on April 4, 1988, and the applicant is requesting a rehearing to clarify certain data. Hardy Strozier explained that he'requested the rehearing because he believed the information regarding the loca- tion of the line between residential and commercial uses may have been erroneous, and the extent of the requested change may have been misunderstood. MOTION A motion was made by Council Member Buffa, seconded by Directed Hearing Vice Mayor Amburgey, to schedule the General Plan Amend - to be Scheduled ment fear a hearing, and discussion ensued concerning the intent of the motion. Council Members Hornbuckle and Wheeler expressed their opposition to a rehearing since no new information has been presented. SUBSTI'IUE MOTION A substitute motion was made by Mayor Hall, seconded by Granted Rehearing Council Member Buffa, to grant a rehearing on the appli- on Application to cation tri process a General Plan Amendment at 121 Albert Process General Place. The motion carried 3-2, Council Members Wheeler Plan Amendment and Hornbuckle voting no. Mayor Hall announced that the rehearing will be held at the Council rreeting of May 16, 1988. NEW BUSINESS The Clerk resented Zone Exception ZE-82-132A, Greg ZE-82-132A Butcher, Cali fDrnia Pacific Properties, 3401 Sunflower Butcher/California Avenue, Suite 250, Santa Ana, for modification of Pacific Properties Condition/Mitigation Measure No. 5, to allow deletion of a required block wall in the 10 -foot wide landscape planter adjacent to the east property line, located at 3088 Bristol Street in a PDC zone. EnviromTental Determination: Envirormental Impact Report (EIR) No. 1011. The Development Services Director gave a slide presenta- tion of the site, explaining that the applicant believes that by removing the requirement for a wall, mature trees and hedging shrubs would mitigate visual and noise impacts. He reported that the applicant stated that berming will be provided wherever passible, depending on the grade of the adjacent roadway. 1 The Planning Division received a letter frau Brockview Condominium.Homeowners Association dated March 30, 1988, in which approval was given to delete the berm and concrete wall along the easterly property line because they believe the developer's proposed revisions will provide an improved physical arra aesthetic landscape solution. ' The Development Services Director recamrrended that if Council were to delete the requirement fDr the earth berm/block wall, that .the replacement hedge/landscaping shall be of equal height (minimum of 6 feet). Council Member Hornbuckle requested use of drought resistant vegetation wherever possible, and that the irrigation system be of the low water use type. Behrouze Ehdai.e, -The Nadel Partnership, Incorporated, 3070 Bristol Street '-Costa Mesa, architect for the project, reported that 6 -foot shrubbery is not avail- able, and the maximum height which could be obtained would: be approximately 2 to 2-1/2 feet. He stated that it would take 2 or 3 years for that shrubbery to attain a height of 6 feet. Mark Korando, 582 Park Drive, Costa Mesa, was of the opinion that the landscaping proposed would not miti- gate noise impacts. NOTION A motion was made by Council Member Meeler, seconded Condition/ by Vice Mayor Amburgey, approving nudification of Mitigation Condition/Mitigation Measure No. 5 by deleting the Measure No. 5 6 -foot high berm/block wall requirement and substitut- Modified- ing a requirement that the area be replaced with.hedge and landscaping; with -the hedge to attain the height of 6 feet � within a reasonable period of time, that the hedge . and landscaping shall be installed subject to the discretionary approval of the Development Services Director, and if such approval cannot be obtained from staff, the berm/wall require -pent shall be re instated . AMENDED NATION At the recommendation of the Development Services Stipulated a Bern/ Director, Council Member,Wheeler amended his motion to Landscaping stipulate that applicant shall provide a berm and land - Combination to scapirg, combination to -attain the required 6 -foot Attain Six-foot height, and that the final plan shall be submitted to Height the Brockview Condominium Homeowners Association for approval. The amended motion was seconded by Vice Mayor Amburgey. SECOND AMENDMENT At the request of Council Member Hornbuckle, Council TO M7iTION . Member Aieeler again amended his motion, seconded by Specified Vegetation Vice Mayor Amburgey, by adding -that drought resistant and Irrigation .to be vegetation shall be used wherever possible, and the Used irrigation 'systam-shall be of- the lav water use type. The imot ion , as amended,' carried 5-0. Increased Rates . fDr The Clerk presented a resolution which would increase Towing Services rates fDr towing services. The City Manager summarized a memorandum from the Revenue Supervisor dated April 21, 1988, which explains that the rate of increase or decrease is based upon the Consumer Price Index ( CPI) . fDr the Los Angeles, Long Beach, Anaheim, and Riverside areas. The CPI for Southern Cali fDrnia.. increased 4.4 percent in the past year. MOTION Resolution 88-31 Adcp ted " Imaginat ion Celebration" On motion by Council Member Hornbuckle, seconded by Council Muer, iiheeler, Resolution 88-31, being A RESOLUr ION CF THE CITY COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, IMPLEMENTING THE AUDCMATIC CHANCE TO THE RATE SCHEDULE - FOR CERTAIN 'DOWING SERVICES PURSUANT TO SECTION 9-284(b) OF THE COSTA MESA MUNICIPAL CODE, was adopted by- the following roll call vote: A)ES : COUNCIL MEMBERS: Hall, Amburgey, Vxheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS None ABSENT: ,COUNCIL MEMBERS: None The Clerk presented a request for cable television grant funds to tape the annual "Imagination Celebration" arts event fror. children.- Council hildren. Council Member Buffa referred to his memorandum dated April 27, 1988, and reported that the Cable Television Cammittee felt the project is a worthy one but they recamrn-anded only partial funding for $3,000.00, rather than the $11,889.00 requested. The recommendation is based on a maximum of $3,000.00 per access program established in the committee grant guidelines. The cammittee suggested that any additional funds f3or the event be authorized by Council. Council Member Buffa asked that Council treat this as an exceptional grant and allocate the $8,000.00 needed to cover costs' MOTION On motion by Council Member Buffa, seconded by Council Funds Authorized Member Hornbuckle, authorization was given to allocate $8,.000.00 frau -cable television funds to tape the event. The motion carried by the fnllowing roll call vote: A)ES: COUNCIL MEMBERS: Hall, Amburgey, Vbeeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:- None Substance Abuse The Clerk presented a request to form a Council Advisory Committee Committee on Substance Abuse - Council Member Hornbuckle referred to her memorandum of March 23,, 1988, and the attached "Committee Formation Application".- She reported that the objectives of the ad hoc committee would be to review programs on sub- stance abuse-:vhich are currently active in the commun- ity; to ,coordinate activities of various groups; to propose additional measures in order to gat the anti- drug message to the public; and to produce a comprehen- sive plan for the ver against drugs. Members of the committee would be School Board members, student repre- sentatives, business leaders, Council Members, ccmunity members, and Police Department representatives. Council Member Hornbuckle suggested that school principals in the cam-nunity may %ant tro became involved. She offered to be the Council representative on the cammittee and -requested Council's help in recommending members for the committee. MOTION . On motion by Council Member Hornbuckle, seconded by Vice Conmittee Mayor Amburgey, and carried 5-0, authorization was given Authorized to form the Substance Abuse Committee. South Coast_ The Clerk .presented a request frau South Coast Symphony Symphony for., funding e Advance of $15,000.00 for general operating expenses. Contribution of $5,000.00 for sponsorship of the Association of California Symphony Orchestras "20th Annual Concert". The City Manager sunmarized his memorandum of April 29, 1988, reporting that because of extenuating circual- stances, South Coast Symphony is requesting these funds prior to the Cultural Arts Committee annual review of funding 'requests. The City Manager suggested that if Council approves the $15,000.00 advance, it should be considered an advance against any allocation the Cul- tural Arts Canmattee may recammend fDr the 1988-89 fiscal year. The City Manager explained that the second request for $5,000:00 is for a` special event to be held next August, and would be a one -tune only request. He suggested that if Council were to approve the request, they could take that amount from next year's operating budget! request for the Symphony, or take it from the total allocation for cultural arts activities as a special grant either from cultural arts funds or advertising and pramotional! funds. Council Member Hornbuickle:asked what amount had been given to South Coast Symphony in the past. The City Manager responded that the symphony was allocated $35,000.00 -for the current fiscal year. NMON A motion was made, by Council Member Buffa, seconded by Funds Authorized Council Member Hbrnbuckle, to approve an advance of $15,000.00 for South Coast Symphony's general operating expenses, to be credited against its request for fiscal year 1988-89; and to approve $5,000.00 fDr.a special event 'to be matched against a grant from McDonnell Douglas in support of the Association of California Symphony Orchestras Conference to be held August 4-8, 1988, said funds to be credited against the 1988-89 Advertising and Promotional account. Council Member Wheeler stated that since Council Member Buffa is on the Advisory Board of the South Coast Symphony, he, should disqualify himself and withdraw his mot ion. Council Member Buffareplied that he is also a Director of the Senior Citizens organization, and Chairman of the Redevelopment Agency, and there Is no conflict. He men- tioned that most Council -Members serve on various boards. Council Member Buffa asked whether Council Member Wheeler was implying that he. received income from the South.Cbast Symphony. Council Member Wheeler was of -the opinion that a corn flict exists because as -!a member of the symphony board, Council Member Buffa has a•duty to obtain maximum fund- ing for- that organization; on the other hand, as a member of the City Council, he has a duty to maximize the -,use of taxpayers' funds. Council Member Wheeler stated that he could support the request for $15,000.00 because the request is reasonable and does -not circumvent the fun ct ion of the Cultural Arts Canzni.ttee. He saw the second request for $5,000.00 as an -.attempt to circumvent the committee by having someone close to that organization present the request for additional funds. He objected to the $5,000.00 being used fDr a convention, a party. Council Member Wheeler stated that since the motion includes both requests, he could not- support it. Council Member Buffa contended that the convention is not a party but a imans by which symphony orchestras obtain extremely important ratings. EIR No. 1039, PA -88-51, and PA -88-51F.1 Sage rs tran Vice. Mayor. Amburgey commented that to clarify Council Member,Bu£fa's position with the South Coast Symphony, a member of the Advisory Board has no voting power. The motion.to authorize .the requested funds carried by the following roll call vote: A)ES : COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: ODUNCIL MEMBERS: None Items 7(a) and 7(b.) on the Consent Calendar were pre- sented: To set a public. hearing for applicant, Malcolm Ross, C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, on the fol laai ng items: Environmental Impact Report (EIR) No. 1039, for the 94 -acre Hane Ranch site consisting of 3.1 million square feet of camnercial uses; and for a Final Development Plan for the 18.34 -acre first phase at One South _Coast,Place, consisting of 739,083 square feet in two buildings (12 and 20 stories), and a child care.center containing 15,000 square feet, located between Fairview Road, Harbor Boulevard, and Sunflower Avenue in a PDC; zone. Planning Actions PA -88-51 and PA -88-51F1, for a Preliminary Development Plan for the 94 -acre site, and a Final Development. Plan for the 18.34 -acre first phase at One. South Coast Place. Council Member Hornbuckle suggested that the public hearing not be. set until after a court decision is rendered concerning the adequacy of the City's General Plan. The City Manager reported that the most recent court date for review of the lawsuit is May 13, 1988. He also mentioned that EIR No. 1039 will not be completed in time to set it for public hearing on May 16, 1988. Discussion ensued concerning an appropriate date to set these items Lor public hearing, and thereafter Vice. Mayor Amburgey made a motion to schedule a public hearing fDr .a special Council meeting on May 25, 1988. The motion died for lack of a second. NDTION A notion was made by Council Member Hornbuckle, seconded Held Over to by Council Member Wheeler, to delay setting the hearing June 6, 1988 until _the-neeting of June 6, .1988. Thereafter, Council Member Wheeler withdrew his second because the motion had been made prior tro the public being able to give input,.. The motion was then .seconded by Council Member Buffa. Vice Mayor Amburgey opposed the motion, preferring to seta date fDr the public hearing this evening. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the public should be able to camTent. It was deter- mined that the.Mayor did invite the public to speak but no one came forward. The motion to continue this iten to June 6, 1988, and to sat the public hearing at that time, carried 4-1, Vice Mayor Amburgey voting no. 1 CITY ATTORNEY The .City Attorneywithdrew his- request to hold a closed REPORTS session to discuss pending litigation. Pollard Lawsuit The City Attorney reported that a settlement was reached in the . Pol lard lawsuit and was approved by the Orange County Superior Court. The court ordered the records sealed. so the settlement is confidential. CITY MANAGER The City Manager referred to his memorandum of April 28, REPORTS 1988, concerning issuing building permits for the Arnel project, Metro Pointe Phase II. He mentioned that at Building Permits their .last meeting, Council voted to refer the referen- for Metro Pointe dum for this project to the court fx:)r determination. Phase II Meanwhile, staff has been processing building plans for Metro .Pointe Phase, II and. expect to receive a request to issue building permits in the next few weeks. The City Manager stated that the matter of issuing building permits is a policy_ decision the Council should under- take because of the possible ,liability exposure to the City. The City Manager recommended that if Council were to direct staff to issue building permits, that Council take action -to include a provision that a letter of indemnification approved by the City Attorney be provided to the City by the cbvelcper. Council Member Wheeler questioned whether a letter of indemnification was enforceable since there does not seem to be any previous cases addressing this particular situation.- Council Member Wheeler mentioned that he has found, cases, absent indemnification, which state that if a city allows an applicant to go ahead and build with a referendum pending, and the referendum passes, the applicant must tear down. the project and the city is liable .,fDr the damages. The City Attorney was of the opinion that if Council were to authorize issuing building permits with a condition that it is at the builder's own risk, the City would not be liable to pay fnr the removal of the structures. Sid. Soffer, 900 Arbor Street, Costa Mesa, commented that a building permit guarantees nothing to the builder. Michael Nutter, 3469 Plumer:•ia,Place, Costa Mesa, sug- gested ' that if the developer. wants to take the risk of obtaining building. pennits,, another step beyond the indemnification agreement should be taken by the City, arra that step would be to have the builder agree to bear all costs, and attorneys' fees_ involved with an inj unc- t ive hearing. Council Member Hornbuckle was shocked that Council would even consider issuing. building permits. She was reluctant to gust the indemnification agreement and preferred. to wait for the court's decision on the referendum.: - Vice Mayor Amburgey w*as of the opinion that approval of the project was not subject to a referendum, and if the building -pernits were withheld, the developer could held the City liable for the delay. MOTION A motion was made by Vice Mayor Amburgey, seconded by Authorized Council Member Buffa, to proceed with issuance of Building Permits building permitsf3Dr Metro Pointe provided that a to be Issued letter of indemnification is received from the builder. ..c1 91 9 AMENDED MOTION At the request of Council Member Buffa, Vice Mayor Added Specifics. Amburgey. amnded the motion by adding that the letter of Indemnification of indemnification shall specify that the developer Letter will indermify and hold the City harmless from any loss incurred by their proceeding with construction at this time, with the knowledge that whether or not this issue is subject to a referendum is presently pending in court. The amended motion was seconded by Council Member-Buffa. Responding to a question fran Mayor Hall, the City Attorney stated that he would like to review a certain case referenced by Council Member Wheeler. SEGDND AMENDMENT At the request of the Mayor, Vice Mayor Amburgey amended TO MOTION the motion to' include that building permits are subject Permits Subject to the City Attorney's datermination that the letter of to City Attorney's indemnification will, in fact, indemnify and protect the Determination City. The additional amendment to the motion was seconded by Council Member Buffa. Council Member Meeler voiced his opinion that if the City refuses to issue building permits, there is absolutely no chance that the City could be held liable. He also questioned the validity of the indemnification. Council Member Hornbuckle urged Council to wait until the court decision has been received before issuing permits: SUBSTITUTE MOTION A substitute motion was made by -Council Member Buffa, Held Over to seconded by Council Member Hornbuckle, to continua this May 16, 1988 item to May 16, 1988, to allow the City Attorney the opportunity to.review the case referenced by Council Member, Wheeler. The motion carried 3-2, Council Members Hall and Amburgey voting no. ORAL COMMUNICATIONS Sid Soffer, 900 Arbor Street, Costa Mesa, cammented on the casts involved when running for member of the City Candidates Costs Council. Costa Mesa Float Jim Ferryman, 1095 Tulare Drive, Costa Mesa, represent- ing the Costa Mesa -Newport Harbor Lions Club, requested funds in the anount of $7,125.00 to construct the Costa Mesa float which will be used in nine parades. He sub- mitted the list cf parades to the City Clerk. Mr. Ferryman stated that the first parade is scheduled for May 7,- 1988, and because of the urgency, asked Council to take action on the request this evening. MOTION A motion was made by Council Member Hornbuckle, seconded Request Deemed by Council Member Buffa, arra carried 5-0, to consider Urgency Matter funding of the float as an urgency matter because of the deadline of May 7 for the first parade. MOTION On motion by Council Member Hornbuckle, seconded by Funds Authorized Council Member Buffa, the request for $7,125.00 to construct the Costa Mesa float was approved by the fDl lowi rq roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT:. COUNCIL MEMBERS: None Mr. Ferryman announced that he intends to run for City Council Member in the November 8, 1988, election. Metro Pointe Mr. R. C. Sherrick, 3146 Country Club Drive, Costa Mesa, Refererdum. submitted a copy of the Metro Pointe Referendum for Vice Mayor Amburgey to read because Mr. Sherrick felt some 9 canments made by the Vice Mayor earlier in the meeting indicated that the petition was not accurate. The Vice Mayor ccm anted •that he had a cepy of the document and did not intend iso indicate that it was not accurate; however, he did believe - some circulators of the petition may not have accurately explained it to the people. Mr". Sherrick responded that he was one of the circulators and he made no misrepresentations. COUNCIIMANIC Council Member Wheeler expressed his displeasure with COMMENTS the City At tor-ney' s office for not returning calls from the press. 'He commented that it seems that City off i - Returning Phone cials and tcp staff members havea duty to communicate Calls from the with'the press so that the -public is aware of what is Press going on in the City. He stated that the offices of the City Attorney, City Manager, Police Chief, and Fire Chief should not ignore plane calls from the press. Segerstron Lawsuit Council Member Wheeler was displeased because the City Appeal Attorney's staff, apparently took it upon themselves, without consulting with the Council, to file an appeal in the Segerstron case on the issue of attorney's flees. He stated that in the past, appeals were authorized by the Council and have not been something discretionary with the City Attorney. Council. Member Wheeler felt the appeal wras frivolous, without merit, filed for the sole purpose of preventing the citizens group ffram receiving the attorney's fees which they have already been awarded, - while simultaneously launching actions against referendums, requiring the expenditure of more attorney's fees by the citizens to protect their rights to initiate referendums and, initiatives. Later during Councilmanic Comments, further discussion ensued concerning the . City Attorney's off ice . The Mayor asked Council Member Wheeler if he had advised the City Attorney that he intended to make these accusations about -his department. Council Member Wheeler replied that he.advised the City Manager and assumed the'City Manager told the _City Attorney. Council Member Wheeler stated. that he will be forwarding .a confidential memorandum to the Council Members which will contain additional information about the=performance of the City Attorney's office. Mayor Hall asked the City Attorney if he :would like to respond. The City Atborney reported that he returns at least.95 percent of reporters' -calls and -he most cer- tainly does not haw a policy of riot returning those calls. He added that he attempts at in close contact with the reporters.,. Council Member Hornbuckle stated that she felt very uncomfortable with the criticisms of staff which occur .at ptblic meetings. She saw these actions as unprofes- sional, and mentioned that personnel matters are usually handled in a confidential manner arra discussed in closed session if necessary. Council Member Buffa commented that in the past four years, as Planning Commissioner and Council Member, he has found the staff in all departments extraordinary, and that includes the City Attorney's office. He found it -very .uncomfortable to.li.sten to these accusations and mentioned that he has never received conplaints from either the press or the public about calls not being returned ty the City Attorney's office. He concluded his remarks ty stating that he had the utmost confidence in the City Attorney's department. Deadline fbr Council Member. Wheeler referred to Council's earlier Initiative decision to place the Slow Growth Initiative on the Arguments ballot for the November 8,. 1988, election, and asked the City Clerk . about the deadline f3Dr submitting arguments. The City Clerk responded that she would research the natter arra cat the dates to him. Recall cf Ccuncil.Member Wheeler referred to his canments at the Council Members last Council meeting asking citizens to write to him to indicate whether or not they thought a recall was .advisable. He reported that he has received some letters and phone calls, but admitted that the response has not been overwhelming. He again asked citizens to write to him or other Council Members to express their feelings about a recall, both for and against. Third.Marine Air Mayor Hall reported that he has becane rather well Wing, and Coast acquainted with som of the commanders at the Third Guard Cutter, Marine Air Wing, and the Coast Guard Cutter, 1°Point "Dint Divide" Divide". He requested Council approval to ask the City's veterans Affairs Advisor, Carl Bureman, to start the process of a symbolic adoption of the Third Marine Air Wing and the Coast Guard Cutter, "Point Divide", to show the City's support of their activities and support of our freedans within this country. There was no objection by .Council to proceed with the project. Council Member Hornbuckle recommended that a letter of protest be sent regarding the cutbacks in the Coast Guard budget. ADJOURNMENT The Mayor declared the meetiadjour ed a 10:5 Mayor of the City of Costa Mesa ATTEST: C y Clerk of the City of Costa a