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HomeMy WebLinkAbout06/20/1988 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 20, 1988 - The City Council of the City of Costa Mesa, California, met in regular session June 20, 1988, at 6:30 p.m., in .the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverand Krause, St. Joachim Catholic 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 June 6, 1988 Council Member Wheeler, and carried 5-0, the minutes of the regular meeting of June 6, 1988, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, to read all ordinances by title only. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 10(e), Street and Storm Drain Improvements for 17th Street and Pomona Avenue; Item 15(b), Agree- ment with City of Newport Beach for Processing Parking Citations. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Hornbuckle, seconded by Council.Member Buffa, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Peter Gipkens; Jean R. Keating; Irwin and Virginia Kempler; Dr. George V. McKinney; Arlene Rogers; Howard D. Silver for Wishcorp; and Elsie Redmond. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: The Licenses Tummy Stuffer, doing business at 270 Bristol Street, Suite 112; Harbor/Fair Exxon corner Market, doing business at 2502 Harbor Boulevard; The Helm, doing business at 1824-26 Newport Boulevard; and Ming -Lee Enterprises, Incorporated, doing business at 2642 Newport Boulevard. BUSINESS PER14ITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received frau United Family Associates, Family Thrift Incorporated, doing business as Family Thrift Store, 940 Store East.Santa Clara Street, Ventura, by telephone solicita- tion for discarded items for thrift store from July, MOTION Permit Approved 1988, to June, 1989. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). City of Hope Notice of Intention to Appeal or Solicit for Charitable Purpose was received from City of Hope, 208 West 8th MOTION Street, Los Angeles, by door-to-door solicitation for Permit Approved funds from June 26, to July 17, 1988. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). The International Notice of Intention to Appeal or Solicit for Charitable Missing Children Purpose was received from The International Missing Foundation Children Foundation, 835 5th Avenue, Suite 101, San Diego, by soliciting funds.through sponsors for Race MOTION Across America from June 10, to July 10, 1988. On Permit Approved motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). Christian Record Notice of Intention to Appeal or Solicit for Charitable Braille Purpose was received from Christian Record Braille Foun- Foundation dation, Incorporated, 4444 South 52nd Street, Lincoln, Nebraska, by door -to -door -solicitation to businessmen MOTION and professionals for free services from July 1, 1988, Permit Approved to June 30, 1989. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). SET FOR PUBLIC On motion by Council Member Hornbuckle, seconded by HEARING Council Member Buffa, and carried 5-0, the following items were set for public hearing on July 5, 1988, at 6:30 p.m., in the Council Chambers of City Hall: Amendment to Amendment to Costa Mesa Municipal Code, Title 13, Municipal Code Articles 23 and 24, to include provisions limiting resubmittal of applications for Planning Actions and amendments to the official Zoning Land Use Map. Amendment to Amendment of the General Plan Administration and General Plan Implementation Policies and Procedures to include a provision limiting resubmittal of General Plan amendments. GP-88-2B/General Plan, Interim Housing Element MOTION Warrant 1397 Approved ADAINISTRATIVE ACTIONS Bid Item No. 809 Furnish One Truck MOTION Awarded to Los Angeles Freight- liner/GMC Truck General Plan Amendment GP -88-2B, adoption of Interim Housing Element of the City's General Plan. Environ- mental Determination: Negative Declaration. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, Warrant Resolution 1397, includ- ing Payroll 8812, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL ME24BERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None Bids received for Bid Item 809, Furnish One Truck, are on file in the Clerk's office. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, the contract was awarded to Los Angeles Freightliner and GMC Truck, 1126 East Washington Avenue, Santa Ana, for $70,868.42. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEIBERS: None Bid Item No. 810 Paint Exterior of Rea Center MOTION Awarded to T and M Construction Bid Item No. 811 Photographic Color Printer MOTION . Awarded to Royce Photo/ Graphics Supply Bids received for Bid Item 810, Paint Exterior of Rea Community Center', are on file in the Clerk's office. On motion by Council Member Hornbuckle, seconded by Council.Member-Buffa, the contract was awarded to T and M Construction, 12862 Joy Street, Suite I, Garden Grove, for $38,000.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bids received for Bid Item 811, One Photographic Color Printer, are on file in the Clerk's office. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, the contract was awarded to Royce Photd/Graphics Supply, Incorporated, 16812 Hale Avenue, Irvine, for for $16;642.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None Bid Item No. 812 Bids received for Bid Item 812, Personal Computers, are Personal Computers on file in the,Clerk's office. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, the MOTION contract was awarded to AI/Valcom, 3505 "D" Cadillac Awarded to Avenue, Costa Mesa, for $20,876.03. The motion carried AI/Valcom by the following roll call vote: AYES: COUNCIL ME114BERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Upgrade for Staff requested authorization to purchase an upgrade Copier for the current Kodak Copier Duplicator on a three year lease from sole source vendor Eastman Kodak Company, MOTION 1201 Dove Street, Suite 560, Newport Beach, for $2,335.00 Purchase Approved per month. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: ,COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Hose Tower Staff requested authorization to purchase a Hose Tower from sole source vendor, Tiger Hose Towers, Incorporated, MOTION Post Office Box 60213, Bakersfield, for $12,402.00. On Purchase Approved motion by Council Member Hornbuckle, seconded by Council Member Buffa, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Uninterrupted Staff requested authorization to purchase an Uninter- Power Supply- rupted Power Supply System from sole source vendor, PRC/ Public Management Services, 1028 Town and Country Road, MOTION Orange, in an amount .not to exceed $60,000.00. On Purchase Approved motion by Council Member Hornbuckle, seconded by Council Member Buffa, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa - NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ;_ Change Order "A' The Public Services Director recc m ended approval of Norris-Repke Change Order "A' for $5,800.00 to the contract with Norris=Repke, Incorporated, 507 East First Street, Suite Rehabilitation of "A", Tustin, for additional work in connection with Bristol/Bear design services for rehabilitation of Bristol Street Streets and (Anton Boulevard to Baker Street), Bear Street (I-405 Sunflower Avenue Freeway to Baker Street) and Sunflower Avenue (Bear Street to Bristol Street). On motion by Council Member MOTION Hornbuckle, seconded by Council Member Buffa, the change Change Order order was approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "B" The Public Services Director recommended approval of Norris-Repke Change Order "B" for $25,540.00 to the contract with Norris-Repke, Incorporated, 507 East First Street, Suite Bristol Street "A", Tustin, for additional work in connection with the Rehabilitation design of Bristol Street rehabilitation frau Baker Street to Bear Street. On motion by Council Member Hornbuckle, MOTION seconded by Council Member Buffa, the change order was Change Order approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: -None Agreement with The Public Services Director recaYmnended approval of an County of Orange agreement with the County of Orange, Environmental Management Agency - Transportation, Post Office Box 4048; Improvement of Santa Ana, for the administration of the Improvement of 19th Street 19th Street from Park Avenue to Anaheim Street as an Arterial Highway Financing Program project. On motion MOTION by Council Member Hornbuckle, seconded by Council Member Agreement Buffa, the agreement was approved, and the Mayor and Approved Clerk were authorized to sign on behalf of the City. 'Ihe motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Staff recommended approval of an agreement with 32nd 32nd District District Agricultural Association, State of California, Agricultural 88 Fair Drive, Costa Mesa, for an amount not to exceed $8,609.97, for police security during the 1988 Orange Security/1988 County Fair, July 7-17, 1988. On motion by Council Orange County Member Hornbuckle, seconded by Council Member Buffa, the Fair agreement was approved, and the Police Chief was author- ized to sign on behalf of the City. The motion carried MOTION by the following.roll call vote: Agreement AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Removal and Replacement of Heating, Ventilating, and Air Ciara Corporation Conditioning Equipment -at the.Police building (Bid Item No. 765), has been completed to the satisfaction of the Bid Item No. 765 Director of Public Services by-Ciara Corporation, 14923 Heating, Ventila- Oxnard Street, Van Nuys. On motion by Council Member ting, and Air Hornbuckle, seconded by Council Member Buffa, the work Conditioning Equip- was accepted; the Clerk was authorized to file a Notice ment/Police Building of Completion; authorization was given to release reten- tion funds 35 days thereafter; the Labor and Material MOTION Bond was ordered exonerated 7 months thereafter; and the Work Accepted Performance Bond was ordered exonerated 12 months there- after. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Arterial Highway On motion by Council Member Hornbuckle, seconded by Financing Program Council Member Buffa, Resolution 88-40, being A RESOLU- 1988-89 TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE QUALIFICATION OF THE CITY MOTION OF COSTA MESA FOR PARTICIPATION IN THE ORANGE COUNTY Resolution 88-40 ARTERIAL HIGHWAY FINANCING PROGRAM FOR FISCAL YEAR Adopted 1988-89, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Retirement Plan/ On motion by Council Member Hornbuckle, seconded by Safety Employees Council Member Buffa, Resolution 88-41, being A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, MOTION CALIFORNIA, AMENDING THE RETIREMENT PIAN FOR SAFETY Resolution 88-41 EMPLOYEES OF THE CITY OF COSTA MESA, was adopted by the Adopted following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Appropriations On motion by Council Member Hornbuckle, seconded by Limit/1988-89 Council Member Buffa, Resolution 88-42, being A RESOLU- Fiscal Year TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATIONS MOTION LIMIT FOR THE FISCAL YEAR OF 1988-89, IN ACCORDANCE WITH Resolution 88-42 ARTICLE XIII -B OF THE CONSTITUTION OF THE STATE OF CALI- Adopted FORNIA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set GP -88-2 to consider the public hearing continued from the meeting City of Costa Mesa of May 16, 1988, for General Plan Amendment GP -88-2, City of Costa Mesa, to change the land use designation from Urban•Center Residential to High Density Residential, or Medium Density Residential, or Public and Semi-public, at the Coast Ccr¢munity College District administrative site, 1370 Adams Avenue. Environmental Determination: Negative Declaration. Letters from 33 citizens and 29 petitions containing 102 signatures have been received in opposition to residential development on the property. Mayor Hall stated that the Coast Community College District has experienced severe funding problems and supported a change in land use to provide scare relief to these problems. Now that the community has become aware of the district's financial difficulties, several people have expressed a desire to assist the college district in finding alternate ways to raise funds. Mayor Hall asked if Council would have any objections to requesting Chancellor Brownell to withdraw his support for a land use change and to explore other funding options. There were no objections frcan Council to these requests. Chancellor David Brownell, Coast Community College District, 1310 Adams Avenue,.Costa Mesa, stated that the Board of Trustees for the Coast Community College District.entered into this effort in an attempt to gen- erate a new inane stream to support the General Fund requirements within the district. In addition, it was supported so that;the present blighted buildings on the site could be removed; a new administrative central facility for.the district -could be provided; a child care center for Orange.Coast College could be built; as a means'of.assisting with,the district's financial difficulties; and to provide a source of General Fund revenues over an extended period of time. Chancellor Brownell stated that he could not speak for the Board of Trustees but that he personally would concur with the..Mayor's'recammendation to withdraw their effort at this time for this'particular project. He requested that the City consider their problems and offer assistance in developing viable alternatives for the use of the.property to.generate additional revenue for the college district., He also solicited input from the community. Council Member Hornbuckle stated that numerous indivi- duals and organizations within the community have contacted Council'Members,expressing interest in assist- ing the district. She recommended that the Board of Trustees for the college district contact these individ- uals for assistance in fund raising efforts and land use planning. John Feeney, 1154, Dorset Lane, Costa Mesa, asked if Council is now prepared to support the Planning Com- mission reeamnendations. Mayor Hall responded that this will be determined by the vote of Council. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Vice Resolution 88-43 Mayor Amburgey, Resolution 88-43, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -88-2, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, changing the land use designation from Urban Center to Public and Semi-public, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Vice Mayor Amburgey and`Council Member Buffa asked for support frau the community for solutions to the college district'.§ problems. PUBLIC HEARING The Clerk announced that this was the time and place set Certificate for for the; public hearing to consider a Certificate of West Coast Public Convenience and Necessity for West Coast Trans - Transportation portation Network,.Incorporated, 941 North Santiago Street, Santa,Ana. A letter was mailed .to the holder of a Certificate of Public Convenience and Necessity, and no communications have been received. The City Manager referenced background information and staff's reccmendations contained in memorandums dated June 10 and 13, 1988. cot Steven Silverstein, attorney representing WestCoast Transportation Network, explained the financial position of the company and stated that they are operating suc- cessfully in other cities. He requested Council's approval of the certificate. In response to questions frau Council, Mr. Silverstein stated that West Coast Transportation cabs are various colors. In Costa Mesa they would only use gold colored cabs with the wording "West Coast Cab" as an insignia. Eventually, all West Coast Transportation Network cabs would be painted gold. Council Member.Wheeler concurred with staff's recommen- dation that a permit be issued for a 6 -month period, followed by a review. Steven Silverstein replied affirmatively to this recommendation but he did request approval for.one year. At the request of Council Member Wheeler, Mr. Silverstein addressed the issue of litigation referenced on page 2 of the memorandum dated June 10, 1988, frau the Finance Department. Norman Juggert, law firm of Juggert and Waymen, 2845 Mesa Verde Drive, Costa Mesa, representing Coast Yellow Cab Cooperative, Incorporated, stated unfair competition as the reason they have filed a lawsuit against West Coast Transportation Network. He presented Council with affidavits, most of which have been previously presented to the Finance Department. The affidavits indicate that West Coast Transportation has been operating illegally in Costa Mesa and that some of the vehicles are operated in an unsafe condition. Steven Silverstein responded to the statements presented by Mr. Juggert and stated that West Coast Transportation will comply with the rules and regulations of the City, and all taxis operating in Costa Mesa will be gold in color, licensed, inspected, and insured. There being no further speakers, the Mayor closed the public hearing. The City Manager responded to a question posed by Council Member Buffa regarding City policies for vehicle inspections in connection with the issuance of Certi- ficates of Public Convenience and Necessity. MOTION A motion was made by Council Member Wheeler, seconded Certificate by Council Member Hornbuckle, to approve the Certifi- Approved with cate of Public Convenience and Necessity subject to Conditions the following conditions: 1. Permit be issued for a period of six months, at which time the matter of issuing a permanent permit will be reviewed by Council. 2. Applicant provide the City with a copy of the firm's insurance policy naming the City as co- insured which will be reviewed and approved as to form by the City Attorney. 3. Applicant charges current rate schedule as approved by the City Council. 4. Applicant not to advertise as Yellow Cab or paint taxicabs yellow or orange. Current color scheme of gold with black lettering is acceptable. 11 Vice -Mayor Amburgey stated opposition to the motion for the reason that there -has -not been sufficient time to review the information presented. The motion carried 4-1, Vice Mayor Amburgey voting no. PUBLIC HEARING The Clerk announced that this was the time and place set - Appeal of PA -88-70 for,the public hearing:to consider an appeal of the Wells/Secard Planning Ccmmission's denial of Planning Action PA -88-70 frau Michael K. and Jodi C. Wells, and Paul R. and Deborah Lore C, Secard, 2548 Westminster Avenue, Costa Mesa, for a variance frcan parking requirements to legal- ize a 290 -square -foot office addition at 1982 Charle Street in a C2 zone. Environmental Determination: Exempt.The Affidavit of Mailing is on file in the Clerk's office. No cammunications were received. The Development Services Director presented transparen- cies and background information contained .in staff's . memorandum of June 14, 1988, and attachments thereto. The applicant has purchased property in -a Commercial Zone on which there is an addition of 290 square feet which was built prior to the applicant's purchase of the property and without required building permits or replacement of required parking spaces for the site. Michael,,K. Wells,, 2548, -Westminster Avenue, Costa Mesa, representing Down to Earth Lawn and Garden Service, stated he took.over the subject.property in January, 1988, and a month after the:purchase he was informed by the City that there was an illegal addition on the property. It is his understanding that plans showing the illegal addition had been submitted to the City by prior owners of the property and that Conditional Use Permits were approved with less than the number of parking spaces required by code. Mr. Wells addressed conflicts -in the number of parking spaces required and presented Council with copies of letters.from surrounding neighbors supporting his re- quest for a variance. He showed photographs indicating the parking spaces on his property along with conditions of surrounding businesses, one of which was addressed in a letter presented to Council as having numerous code violations. It is his desire to reach an equitable arrangement so that his businesscan continue to operate at this location. In response toa question posed by Vice Mayor Amburgey, Michael Wells stated that.he has 10 to 12 employees, four of which drive their vehicles to work. He has five trucks. John Feeney, 1154 Dorset Lane, Costa Mesa, spoke in favor of granting this variance. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of granting a Conditional Use Permit with conditions for this property. There being no further public speakers, the major closed the public hearing. ----- In response to questions posed by Vice Mayor Amburgey, Michael. -Wells stated that..there are three offices on the property, all of which are used to operate his business. Vice Mayor Amburgey has visted the property and stated that there is not sufficient space for parking. Consid- ering the number of office employees, he felt the busi- ness could be operated successfully without the illegal addition and if it were removed there would be more space for the required parking. MOTION A motion was made -by Vice Mayor Amburgey, seconded by PA -88-70 Denied Council Member Wheeler, to uphold .the Planning Camnis- sion's•denial of,Planning Action PA -88-70. The motion carried 4-1, Mayor Hall voting no. Council,Member Hornbuckle requested staff to investigate the Western Diesel and Gasoline property referenced by Michael Wells and one of the surrounding property owners. Pictures of this property were presented to the Develop- ment Services Director. PUBLIC HEARING The Clerk announced that .this was the time and place set Appeal of for the public hearing to consider an Appeal of the PA-88-76/California Planning Commission's denial of Planning Action PA -88-76 Remodeling/Green from California Remodeling, 2029 South State College, Anaheim, authorized agent for Roger and JoAnne Green, for a variance frau the rear setback requirements to add a second -story addition to an existing residence located at 974 Trabuco Circle in a R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. One letter signed by three surrounding neighbors was received expressing no objec- tion to the proposed addition. The Development Services•Director presented transparen- cies -and background information contained in his memorandum of June.16, 1988, and the Staff Report. He stated Finding "C" in the Staff Report concerning nega- tive impacts on surrounding properties is no longer necessary since the neighbor to the rear has indicated no objection to the addition. Gene Young, a contractor with California Remodeling, presented photographs and.stated that both adjacent homes were built with second stories. In response,to a question,from Council Member Hornbuckle, Gene Young stated that..if elimination of the rear deck were made a condition for approval they would be agree- able. 'there being no further public speakers, the Mayor closed the public hearing. Vice Mayor Amburgey stated he has visited the site and the major difference between the two neighboring two-story homes and this application, is the rear second - story deck. . In response to a question posed by Mayor Hall, Gene Young stated they agree to all findings, ordinance provisions and conditions. MOTION A motion was made by Vice Mayor Anburgey, seconded by PA -88-76 Approved. Council Member Buffa, and carried 5-0, approving PA -88-76 with Additional subject to the conditons contained in the Staff Report, Conditons and with additional conditions that the second -story rear Findings deck be deleted and the sliding -glass door be changed to a window, and based on the following additional findings: A petition has been received stating no objections from adjacent property owners; and strict application of the zoning ordinance would deprive the property owner of privileges enjoyed by owners in the vicinity under the same identical zoning ordinances, to wit, both adjacent properties. PUBLIC HEARING The Clerk announced that this was the time and place set Federal Revenue for the public hearing to consider the Allocation of Sharing Funds Federal Revenue Sharing ,Funds. Zhe Affidavit of Publica- tion is on file in the Clerk's office, and no cc munica- tions have been received. The City Manager explained that Federal Revenue Sharing Funds were discontinued by the Federal Goverment approx- imately two years ago but that residual funds on interest earnings from the initial allocation still remain. In the City Budget he has recommended that the remaining funds be allocated to Community Service Grants. There being no public speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hornbuckle, seconded Funds by Council Member Buffa, to appropriate the interest Appropriated earnings on the Revenue Sharing Funds as recommended in the 1988-89 City Budget. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ANNOUNCEMENT- The City Manager announced that the Planning Camission is commencing their study session in the fifth floor conference roan. RECESS The Mayor declared recess at 8:15 p.m. and the meeting reconvened at 8:30 p.m. OLD BUSINESS The Clerk presented frau the meeting of June 6, 1988, consideration of recc mendations concerning allocation Allocation of of Cable 'Television Grant funds to the Boys and Girls Cable TV Grant Club of the Harbor Area. Funds to Boys and Girls Club Council Member Buffa outlined staff's memorandum dated June 16, 1988, and recamnended $6,500.00 be allocated to the Boys and Girls Club to produce a video. Richard Power, Executive Director, Boys and Girls Club of the Harbor Area, 2131 Tustin Avenue, Costa Mesa, explained that the purpose of the video would be to better inform the cmum ity about the organization, and to help with their fund-raising efforts. A discussion ensued as to whether the sum recommended would be sufficient to cover expenses. MOTION A motion was made by Council Member Buffa, seconded by Funds Authorized Council Member Wheeler, to allocate $7,000.00 frau Cable Television Franchise Fees -to the Boys and Girls Club of the Harbor Area for producing a video. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented a request frau Council Member Wheeler to place the Traffic Initiative on the same Traffic Initiative ballot as the Hone Ranch Referendum. MOTION On motion by Council Member Wheeler, seconded by Council Continued to Member Buffa, and carried 5-0, this item was continued June 22, 1988 to the Special Council meeting of June 22, 1988, at 6:30 p.m. General Plan The Clerk presented a request from Malcolm Ross, C. J. Amendment/South Segerstram and Sons, to process a General Plan Amendment Coast Town Center to increase allowable building area established by General Plan Amendment GP -88-1 for the South Coast Plaza Town Center development. A letter has been received from Grace Merjanian, member of the Costa Mesa Art Lague, in favor of the request. The Development Services Director outlined background information and staff recommendations which are pre- sented in a memorandum dated June 14, 1988. 'Ibis General Plan Amendment is requested for two projects within the 'Town Center development, a 340 -roam hotel and a 430,000 -square -foot office building which are located on two separate sites. The proposed office building exceeds the level of development for the traffic zone within which the project is located and the Town Center Master Plan would require amendment to increase allowable development from 3.0 to approximately 3.2 million square feet to accommodate these final development proposals. A conflict exists between the zoning and General Plan. The Town Center Zoning Master Plan capped Town Center build out at approximately 3 million square feet of building area. General Plan Amendment GP -88-1 for Home Ranch, capped Town Center at a lower level of.approxi- mately 2.6 million square feet because, at the time it was approved, it was not believed that there was re- maining building area to accommodate another 400,000 square feet of office space. Council Member Wheeler stated that due to the Referendum Petition on Home Ranch, General Plan Amendment GP -88-1 is not in effect so there cannot be a legal inconsis- tency. The Development Services Director responded that a General Plan limit is still required for the 'Town Center development. In response to a question posed by Council Member Wheeler, the City Attorney stated that the court has indicated that there is still a writ regarding the Environmental Assessment (EA) for General Plan Amendment GP -88-1. The Development Services Director stated that an Environ- mental Impact Report (EIR) was prepared for the build out of the current 'Town Center Master Plan. If this proposed General Plan Amendment is processed, a new EIR will be required to address the increased development. Council Member Hornbuckle asked that if the Referendum on General Plan Amendment GP -88-1 were successful, would it leave the City with an invalid General Plan. The City Attorney responded that General Plan Amendment GP -88-1 (Revised) is on the agenda for the Special Council meeting on June 22, 1988; and, if approved, would set a building intensity limitation in the General Plan. Mayor Hall stated it is his understanding, if the Referendum were successful, the General Plan would be invalidated and another General Plan would have to be initiated to replace the one rescinded. Processing a General Plan Amendment for this area would address the issue of providing a General Plan for the Town Center area. If the Referendum were not successful, processing a General Plan Amendment for the Town Center area would became part of the existing General Plan. The Director -of Development Services responded affirmatively to the Mayor's statements, adding that, at the meeting on June -22,-1988, if General Plan Amendment GP -88-1 (Revised) were approved, the General Plan for Hone Ranch would be adequate. Malcolm Ross, C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, addressed what General Plan GP -88-1 accomplished for North Costa Mesa. He discussed the traffic problems in zones 12 and 18 of the Town Center project and stated.that factors such as traffic impacts and neighboring development will be considered for these proposed projects. MOTION A motion was made by Vice Mayor Amburgey, seconded by Processing of Council Member Buffa, to process a General Plan Amend - General Plan ment to increase allowable building area established by Amendment Approved General Plan Amendment GP -88-1 for the South Coast Plaza Town Center development. Council Member Wheeler opposed the motion and did not believe this request met the three factors required. for approval. He did not believe there is an incon- sistency as previously expressed because it has been made subject of a Referendum. The motion carried 4-1, Council Member Wheeler voting no. Street and Storm Item 10(e) on the Consent Calendar was presented: Drain Improvements Street and Stomp Drain Improvements for 17th Street and 17th Street and Pomona Avenue. Pomona Avenue Sid Soffer, 900 Arbor Street, Costa Mesa, asked what funds are being used to finance this project and how much has been spent for Measure "C" Street Improvements. The.Public Services Director referenced his memorandum dated June 9, 1988, which states "funding for this project is available from Capital Improvements, 1985-86 Fiscal Year Budget, Traffic Safety monies". Approx- imately 95 percent of the initial funds allocated for Measure "C" improvements have been spent for work which has been acconplished. The City Manager stated that newsletters were mailed out to all residents within the- City itemizing the work to be performed under Measure "C" allocations and specify- ing the amount to be spent on each project before they were started. MOTION On motion by Council Member Hornbuckle, seconded by Vice Awarded to Mayor Amburgey, the contract was awarded to Excalibur Excalibur Contracting, Incorporated, 2760 Harbor Boulevard, No. F, Contracting Santa'Ana, for $169,285.28. The motion carried by the following.roll call vote: . AYES: COUNCIL ME24BERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Item 15.(b) on the Consent Calendar was presented: City of Newport Agreement with the City of Newport Beach, 3300 Newport Beach Boulevard,'Newport Beach, for the processing of parking citations. CounciY.Member Hornbuckle stated she was impressed with the work -which has gone into this agreement and praised the Police Department for this innovative method of processing parking citations in cooperation with another city. MOTION On motion by Council Member.Hornbuckle, seconded by Vice Agreement_.. Mayor.Amburgey, the agreement was approved, and the Mayor Approved , and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES:- COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY The City Attorney requested a closed session to discuss REPORTS the following lawsuits: Request for Raymond Clemens vs. City of Costa Mesa. Closed Session Sheryn Nichols vs. City of Costa Mesa. Clemens/Nichols/ Concerned Citizens of Costa Mesa vs. Ned West, Ned West Lawsuits Superior Court,Case No. 42-07-28. Mayor Hall stated that a closed session will be held at the end of regular business. CITY MANAGER The City Manager presented the proposed 1988-89 Fiscal REPORTS Year Program Budget, which was discussed in detail at a recent study session. 1988-89 Fiscal Council Member Wheeler stated that he will make a pre - Year Program sentation explaining the reasons he believes Measure Budget "C"., as outlined in this fiscal budget, does not fulfill what was pranised to the voters before the measure passed. Council Member Wheeler presented graphs outlining back- ground history on expenditures for the maintenance of curbs, gutters, and sidewalks, along with projections on what he believes would have been authorized for these items if there had not been a Measure "C". He explained that he arrived at the projections in two ways; first, by taking the increases over the prior years and averag- ing them; second, he plotted a straight line along the expenditures estimate where the City might have ended up had there not been a Measure "C". ,Council Member Hornbuckle stated that, in her opinion, Council Member Wheeler's projections are not taking into consideration the rest of the'proposed budget. She disagreed with Council Member Wheeler's projections on expenditures, stating that if there were no Measure "C" funds, the effort would have to be reduced because it is not possible to reduce some of the other items.in the budget. In her opinion, it was fair to average expendi- tures for the last four years to cane up with the figure of $2.1 million,. and that the method.used was clearly explained in the,explanation for the ballot measure. Council Member Wheeler responded that he felt the pro- mise to the voters for parkway maintenance, curbs, streets.and gutters and street maintenance did not include the other factors. In his opinion, there would be an increase in spending as Council has repeatedly declared transportation as its number one priority. He felt the increases would come from the unappropriated 25 percent reserve which, in his opinion, is a ludicrous policy. The Director of Finance stated that he wished to respond to Council Member Wheeler's presentation. He said that the annual forecast was based on a method referred to as "curvefitting", 4 complex method to understand unless 1 L laid out on a graph. He said, in Council Member Wheeler's presentation, two major separate categories were addressed and forecast as a single quantity and this method creates major distortions in the forecasts. The -proposed budget varies•greatly with Council Member Wheeler's projections. The Director stated that the $2.1 million figure for street maintenance and parkway maintenance and includes a footnote in the impartial analysis which explains how that figure was arrived at. This year, $2.2 million has been spent which is just a little over the $2.1 million level of effort for those particular categories. Council Member Wheeler felt that if the promise made to the voters is kept, there would be a projected amount of approximately $3 million, in addition to Measure "C" funds. In addition, he based his average line in the manner presented by the City Attorney in the impartial analysis. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed forecasts and felt amounts to be spent in the follow- ing year should be presented in the previous year. Council Member Hornbuckle said that the ballot measure which accompanied Measure "C", clearly.spelled out that the previous four years would be averaged and that the amount was exceeded in this budget. In response to a question posed by Mayor Hall, the City Manager stated.that the total amount in the proposed budget for Transportation Improvements and Maintenance is $8,000,305.00, with approximately $3 million for Measure "C" improvements. Council Member Buffa commented that Measure "C" has done exactly what it was intended to do. Council Member Wheeler stated staff has brought forth a budget which complies with the wishes of the majority of Council but, in his opinion, the people are not getting an increased level of funding. MOTION A motion -was made by Council,Member Buffa, seconded by Discussion Council Member Hornbuckle, to close discussions on Closed Measure "C" funding. Council Member Wheeler stated that it is premature to close discussion on an integral part of the subject before Council. - Vice Mayor Amburgey stated Council did advise the community'and have followed through with their state- ments.­He stated that he is very proud.of what has been accomplished and,.in his opinion, this discussion has .been a waste of time and has had nothing to do with the 1988-89 budget. Further, it was a shame to allow a member of Council to use statistical analysis to try and confuse the public into thinking that Council has not lived up to its agreement. Council Member Wheeler claimed a point of personal privilege torespond to Vice Mayor Agmburgey's accusa- tions. Mayor Hail asked how long the response would take and Council Member Wheeler -stated 30 seconds. Mayor Hall granted Council -Member Wheeler's request to respond to the Vice Mayor's ccuments. Council Member Wheeler stated that he has never tried to confuse the public and that during the time he has served as a Council Member has done his absolute best for the City and everyone in it. He responded to Mr. Soffer's continually coming to Council and making re- marks that Council should have been explaining things long before they did. In his opinion, Mr. Soffer deserved a response. to those remarks and that is why he made the presentation. The motion carried 5-0. Council Member Hornbuckle stated opposition to the allotment for a skateboard bowl and'the conflicts it would produce. A motion was made by Council Member Hornbuckle, seconded by Mayor Hall., to delete the $50,000.00 appropriation .for a:skateboard bowl from the 1988-89 Program Budget. Council Member Buffa presented reasons why he supports a skateboard bowl. Council Member Hornbuckle stated, in her opinion, it could not be adequately staffed and that she is con- cerned about the liability problems. Vice Mayor Amburgey felt a skateboard bowl is needed whether it is in this City or a surrounding City. Mayor Hall asked whether any budgeted funds would be spent for a skateboard bowl before staff completes its investigation and review and presents a full report to Council for consideration. The City Manager re- sponded that no funds would be spent before Council's review of staff's investigation and recanmendations. Council Member Hornbuckle withdrew her motion. Council Member Buffa said he would resubmit the same motion to get an indication as to whether or not he was the only Council Member with an interest in a skateboard bowl. Motion to Delete A motion was made by Council Member Buffa, seconded by Skateboard Bowl Council;Member Hornbuckle, to delete the $50,000.00 from Budget appropriation for a skateboard bowl from the 1988-89 Failed.to Carry Program Budget. The motion failed to carry 4-1, Council Member Hornbuckle voting yes. A motion was made by Council Member Wheeler to appro- priate $l million from the�Unappropriated Reserves, $750,000.00 of which would be spent on street main- tenance, and $250,000.00 of which would be spent on curbs; gutters and sidewalks.. The motion failed for lack of a second. Council Member Hornbuckle recommended that the section of the budget referred to as Leisure Time Services be changed to reflect the name of Community Services in future years. MOTION A motion was made by Council Member Hornbuckle, seconded Senior Center by Council Member Buffa, to increase the appropriation Appropriation for a Senior Center to $100,000.00 with a condition that Increased with the Memorandum of Understanding (MOU) between the Senior Conditions Citizens Corporation and Council include disbursement of funds in quarterly increments of $25,000.00 and that the MOU be signed before any disbursements are made. 1 Vice Mayor Amburgey opposed the motion stating that a report has not been submitted for expenditures against last year's appropriated funds and that if more than the budgeted amount of $40,000.00 is needed, this could be accomplished with a budget adjustment. He supports the needs of the.senior citizens but is concerned that some of the items -,asked for in the increased budget request have not been sufficiently explained. He was in favor:of.continuing the item until more information is received. Council Member Buffa presented reasons why a status report has not been received and what actions have transpired within the corporation relating to expendi- tures against appropriated funds. He stated Michael Nutter, Chairman, Board of Directors, has submitted a budget -for 1988-89 in the amount of approximately $100.,000.00. He added that in the future, additional funds over this. -amount would be required by the corpora- tion. If appropriated, Mayor Hall asked where the additional $60,000.00 would be obtained, and the City Manager stated staff would recommend that the money came from either the unappropriated reserve or that other adjust- ments can be made within.the budget to provide for the additional revenues. reconvened at 10:45 p.m. ORAL Michael Nutter, 3469 Plumeria Place, Costa Mesa, intro - COMMUNICATIONS duced the Board of.Directors for the Senior Citizens Corporation who were present in the audience: Mary Senior Citizens Bennett, Secretary/Treasurer; Marie Maples, Vice President; and Susan Schollenberger, Executive Director. In addition, Mike Vivian, President -,of the Senior Club, was introduced. Michael Nutter stated that he is looking forward to working with staff in developing a Memorandum of Under- standing. Council Member Hornbuckle introduced Eleanor Louindousky, coordinator for senior travel. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the GANN Initiative and said that there should have been a running account kept for the money spent on street maintenance. He also addressed traffic projections; commercial development; Hone Ranch costs on both sides; and, noticing. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Wheeler, Hornbuckle, Buffa NOES.: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: None MOTION A motion was made by Council Member Hornbuckle, seconded Budget Approved by Council Member- Buffa, to accept the 1988-89 Program with Previous Budget with previously stated modifications. The motion Modifications carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None -.Council Member Wheeler stated opposition to the budget's lack of increasing appropriations in the areas of street maintenance, curbs, gutters and sidewalks. RECESS The Mayor declared recess at 10:30 p.m. and the meeting reconvened at 10:45 p.m. ORAL Michael Nutter, 3469 Plumeria Place, Costa Mesa, intro - COMMUNICATIONS duced the Board of.Directors for the Senior Citizens Corporation who were present in the audience: Mary Senior Citizens Bennett, Secretary/Treasurer; Marie Maples, Vice President; and Susan Schollenberger, Executive Director. In addition, Mike Vivian, President -,of the Senior Club, was introduced. Michael Nutter stated that he is looking forward to working with staff in developing a Memorandum of Under- standing. Council Member Hornbuckle introduced Eleanor Louindousky, coordinator for senior travel. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the GANN Initiative and said that there should have been a running account kept for the money spent on street maintenance. He also addressed traffic projections; commercial development; Hone Ranch costs on both sides; and, noticing. Barrels/19th Roy Pizarek, 270._Del Mar Avenue, Costa Mesa, expressed Street and. concern -about the barrels.on the corner of 19th Street Placentia Avenue and Placentia Avenue.. Mayor Hall suggested that he contact the Env-ironmental.Protection Agency. Planning Staff: Roy Pizarek canmended the Planning staff for their Commended consideration in working with him on a roan addition. COUNCILMANIC Council Member Wheeler stated that he will not be par- COMMENTS/Ned West ticipating in the closed:session_regarding the Ned West, Lawsuit lawsuit due to a conflict of interest. Day Workers Vice Mayor Amburgey related an experience he witnessed concerning day workers and felt it is time that Council does something to alleviate the illegal alien problem on the west side. He requested that the City Manager pursue mitigation measures. Council Members Wheeler and Hornbuckle expressed opposition because this item was not on the agenda. ADJOURNMENT TO CLOSED SESSION Ned West Lawsuit Mayor Hall asked that this:item be placed on a future Council agenda. Council expressed their opinions regarding dayworkers. At 11:25 p.m., the Mayor adjourned the meeting to closed session in the first floor Conference Roan to discuss pending litigation. The meeting reconvened.at 12:05 a.m., and Mayor Hall announced the actions taken relative to items discus- sed in closed session. The City Attorney reported that in the Ned West lawsuit, Council responded to a request for additional support in -funding the lawsuit and directed staff to convey'to the Concerned. Citizens of Costa Mesa that an additional. $1,750.00 was approved toward the -court costs and will be conditional on the Fair Board paying a like amount and the Concerned Citizens dropping the Fair Board frau the remaining part of the lawsuit. ADJOURNMENT The Mayor declared the me ing'adjourned at 1 0 m. Mayor of the City of Costa Mesa ATTEST: Cilty,Qlerk of the City of. Costa sa