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HomeMy WebLinkAbout08/01/1988 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 1, 1988 The City Council of the City of Costa Mesa, California, met in regular session August 1, 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 Reverend Ruth Goodwin, Reorganized Church of Jesus Christ of Latter Day Saints. Council Members Present: Council Members"Absent: Officials Present: Hall, Amburgey, Wheeler, Buffa Hornbuckle City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MINUTESOn motion by Council Member Wheeler, seconded by Council July 18, 1988 Member Buffa,. and carried 4-0, the minutes of the regular meeting of July 18, 1988, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Wheeler, and carried 4-0, to read all ordinances by title only. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 5, Warrant Resolution 1401; and Item 10, Agreement with'Paul G. MacMillin and Associates regarding the Victoria Street widening. On motion by Council Member Wheeler, seconded by Vice Mayor knburgey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL. MEMBERS: Hornbuckle WRITTEN COMMUNICATIONS A letter was received frau Joan S. Morrow, 3023 Royce Lane, Costa Mesa, concerning a.hazardous condition MOTION/Traffic existing on Baker Street.between Harbor Boulevard and Hazard on Baker Fairview Road. On motion"by Council'Member Wheeler, Street Referred to seconded by Vice Mayor Amburgey, and -carried 4-0, this Traffic Camnission item was referred to the Traffic Cammission. READING FOLDER On motion by Council Member Wheeler, seconded by Vice Mayor Amburgey, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: David J. Barry/ Aaron Grider; Constance Robles; Southern California Edison Canpany; and Woods Condominium Owners Associ- ation. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Marie Callender's, 353 East 17th Street; and Carolyn and Franz Klarer, doing business as Francesca's-, 1673 Irvine Avenue, Suite B. 1 Public Utilities Notice from the Public Utilities Commission that Commission Application No. 88-05-009 has been received from Pacific Bell (U 1001 C), for a review of its cost of capital and capital structure. Railroad Lawsuits Report from the County Counsel of Orange County, for Recovery of concerning lawsuits filed by several railroad Taxes companies seeking recovery of a portion of taxes levied for fiscal years 1978-79 through 1985-86. SET FOR PUBLIC On motion by Council Member Wheeler, seconded by Vice HEARING Mayor"Amburgey, and carried 4-0, the following items were set for public hearing on the dates indicated, at 6:30 p.m., in the Council Chambers of City Hall: The Planning September 6, 1988: For The Planning Associates, 3151 Associates/Newport Airway Avenue, Suite R-1, Costa Mesa, authorized agent Beach Motel for Newport Beach Motel Corporation, 710 Wilshire Boulevard, Suite 615, Santa Monica, for property located at 121 Albert Place and 120 Cecil Place. Environmental Determination: Negative Declaration. GP=88-2A. General Plan Amendment GP -88-2A, to change the land use designation from Medium Density Residential to Neighborhood Commercial. R-88-03 Rezone Petition -R-88-03, to change the zoning from R2 (Multi -family) to Cl (Local Business District). -Underground Utility August 15, 1988: Formation of Underground Utility District No. 18 District No. 18, Bear Street from Paularino Avenue to the I-405 Freeway; Paularino Avenue from Bear Street to approximately 400 feet easterly. WARRANT On motion by Council Member Wheeler, seconded by Vice Mayor Amburgey, Warrant Resolution 1402 was approved by MOTION the following roll call.vote: Warrant 1402 AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved .•Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle REJECTED CLAIMS On motion by Council Member Wheeler, seconded by Vice Mayor Amburgey, and carried 4-0, the claim frau Athey Anast Anast was rejected. Prabhu On motion by Council Member Wheeler, seconded by Vice Mayor Amburgey, and carried 4-0, the claim from Eunan Prabhu was rejected. Phare/Huynh/Doan On motion by Council Member Wheeler, seconded by Vice Mayor Amburgey, and carried 4-0, the claim from I. Luyen Pham; Luyen Pham as Guardian Ad Litem for Tramanh Huynh, a minor; and Hoa Doan was rejected. Nekouie. On motion by Council Member Wheeler, seconded by Vice Mayor-Amburgey, and carried 4-0, the claim from Hamid and Touba Nekouie was rejected. Costa Mesa On motion by Council Member Wheeler, seconded by Vice Women's Club. Mayor A-nburgey,.and carried 4-0, the claim from the Costa Mesa Women's Club was rejected. ADMINISTRATIVE Bids received for Bid Item No. 808, Drapes for the ACTIONS Police Building,. are on file in the Clerk's office. On motion by Council Member Wheeler, seconded by Vice Bid Item No. 808 Mayor Amburgey., the contract was awarded to Modern Drapes for Police Drapery Enterprises, 4871 West Washington Boulevard, Building DAs Angeles, for $4,521.00. The motion carried by the following roll call vote: a.3 � MOTION Awarded to Modern Drapery Enterprises Bid Item No. 814 - Personal Computers MOTION Awarded Vendors to Various AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa None Hornbuckle Bids received for.Bid Item No. 814, Personal Computers, are on file in the Clerk's office. On motion by Council Member Wheeler, seconded by Vice Mayor Amburgey, contracts were awarded as follows: Exhibit "A", for the Leisure Services Department: Century Micro Products, 27071 Cabot Road, Suite 127, Laguna Hills, for $2,949.98; Exhibit "B", for the Development Services Department: Valcom Computer Center, 17777 Main Street, Suite F, Irvine, for $11,743.74; Exhibit "D", for the Purchasing Division: Softwaire Centre/Upgrade, 391-R South State College Boulevard, Brea, $4,491.22; Exhibit "E", for the Personnel Department: Computer Datacom, Incorporated, 17422 Armstrong Avenue, Irvine, for $4,409.60; Exhibit "F", for the Police Department: Softwaire Centre/Upgrade, for.$7,468.76; Exhibit "G", for the City Attorney: Micro Warehouse, Incorporated, 17801 Main Street, Suite G, Irvine, for $2,549.30; and Exhibit "H", for Finance Administration: Valcom Computer Center, for $4,377.80. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle 1988-89 Annual. Bids received for. 1988-89 Annual Contract for Parkway Contract for Maintenance are on file in the Clerk's office. On Parkway motion by Council Member Wheeler, seconded by Vice Maintenance Mayor Amburgey, the contract was awarded to Damon Construction Company, 500 East Gardena Boulevard, MOTION Gardena, for $477,825.00. The motion carried by the Awarded to Damon following roll call vote: Construction AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Agreement -with The Development Services Director recommended approval Opinion Research of an agreement with Opinion Research, 917 Pine Avenue, Long Beach, for $31,276.00, to conduct a community Survey Concerning opinion survey related to General Plan issues. On General Plan motion by Council Member Wheeler, seconded by Vice Mayor Amburgey, the agreement was approved, and the Mayor and MOTION Clerk were authorized to sign on behalf of the City. Agreement The motion carried by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Change Order "C" Staff recommended approval of Change Order "C" for Boyle Engineering $1,535.00 to the contract with Boyle Engineering Corpor- ation, 1501 Quail Street, Newport Beach, in connection Civic Center Fire with design of the Civic Center Fire Station. The Station change order is necessary because the existing emergency generator in the Police Facility will not handle the MOTION additional load imposed by the new fire station. On Change Order motion by Council Member Wheeler, seconded by Vice Mayor Approved Amburgey, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Change Order No. 4 The Public Services Director recommended approval of Damon Construction Change Order No. 4 for $61,996.90 to the contract with Damon Construction Company, 500 East Gardena Boulevard, 1987-88 Parkway Gardena, in conjunction with 1987-88 Parkway Maintenance Maintenance (Tree Removal and Planting, Curb and Gutter and Sidewalk Removal and Replacement, and Other Improvements on Vari- MOTION ous Streets). The change order reflects repair of Change Order cross -gutters and spandrels at the intersection of Approved Harbor Boulevard and Sunflower Avenue. On motion by Council Member Wheeler, seconded by Vice Mayor Amburgey, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Change Orders No. 3 The Public Services Director recommended approval of and No. 4; Notice Change Orders No. 3 for $1,512.05, and No. 4 for of Completion $4,523.46; and to accept the improvements for Under - Moore Electrical grounding Utilities on 19th Street fran Maple Avenue to Contracting 100 Feet West of Anaheim Avenue by Moore Electrical Contracting, 2841-E Saturn Street, Brea. The change Undergrounding orders reflectrepair and cleanup necessary when an Utilities.on 19th unmarked water line,was encountered during excavation, Street and reconstruction of a sidewalk adjacent to the project site. On motion by Council Member Wheeler, seconded by MOTION Vice Mayor Amburgey, the change orders were approved; Change Orders the improvements were accepted; the Clerk was authorized Approved; Work to file a Notice of Canpletion; the Labor and Material Accepted Bond was ordered exonerated 7 months thereafter; the Performance Bond was ordered exonerated 12 months there- after; and authorization was given to release retention funds immediately. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Final Map for The Final Map was presented for Tract 13205, ASA Enter - Tract 13205 prises, 2070 Business Center Drive, Suite 160, Irvine; ASA Enterprises one lot, 1.08 acres, located at 543 Victoria Street, for conversion of 16 apartment units to condoniniums. MOTION On motion by Council Member Wheeler, seconded by Vice Map Approved -Mayor Amburgey, the map was approved; Council did accept on behalf of the public the dedication of Victoria Street for street purposes; did also accept on behalf of the City the ingress/egress easement for emergency and security vehicle purposes over'Lot 1 as dedicated; did also approve said map pursuant to provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; and the Clerk was authorized to sign said map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Final Map and. The Final Map and a Subdivision Agreement were presented Subdivision for Tract 13357, John Pedicini, 4590 MacArthur Boule- Agreement for vard, Suite 100, Newport Beach; one lot, 0.36 -acre, Tract 13357 located at 2236 Pacific Avenue, for condominium pur- Pedicini poses. On motion by Council Member Wheeler, seconded MOTION by Vice. Mayor Amburgey, the map -and agreement were Map and Agreement approved; Council did accept on behalf of the City the Approved easement for emergency and security vehicle ingress/ egress over Lot 1; did also approve said map pursuant to the provisions of Section 66436(a)(3)(A) of the Subdivi- sion Map Act; the Clerk was authorized to sign said map, and the Mayor and Clerk were authorized to sign the agreement on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Parcel Map.S-84-390 Street -and storin.drain improvements for Parcel Map American -Properties S-84-390 have been completed to the satisfaction of the Public_ Services Director.by American Properties, 2001 South Barrington Avenue, Suite 300, Los Angeles, for MOTION property located at 2855 Pinecreek Drive. On motion.by Work. Accepted Council Member Wheeler, seconded.by Vice Mayor Amburgey, the.work was,accepted and the bonds were ordered exoner- ated. The motion carried by the following roll' call vote: :AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Architectural Services for Shalimar Drive Improvements MOTION City Manager. Authorized to Negotiate and Execute Agreement Rates of Pay for Administrative Assignments in Fire Department MOTION Resolution 88-55 Adopted Warrant 1401 The City Manager requested authorization to negotiate and execute an agreement in an amount not to exceed $35,000.00, to obtain architectural services for exterior housing improvements on Shalimar Drive from Wallace Avenue to Placentia Avenue. On motion by - Council Member Wheeler, seconded by Vice Mayor Amburgey, the request was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle On motion by Council Member- Wheeler, seconded by Vice. Mayor Amburgey, Resolution 88-55, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. -87-60 AND ADOPTING AND ESTAB- LISHING RATES FOR ADMINISTRATIVE ASSIGNMENTS WITHIN THE FIRE DEPARTMENT, was adopted,by the following roll call vote: AYES: COUNCIL MEMBERS: NOES:. COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa None Hornbuckle The Mayor announced that the next item would be heard at this time instead of waiting until New Business was completed. Item 5 on the Consent Calendar was presented: Warrant Resolution 1401, including Payroll 8815. Art Kidman, President of the Costa Mesa Chamber of Commerce; and Carol Heywood and Toren Segerstron, Chamber of Commerce Directors, referred to an item on 1 the warrant list, funds for Arts on the Green. They thanked Council for"the contribution, and for Council's continuing support of the.arts in Costa Me MOTION On motion by Council Member Buffa, seconded by Council Warrant 1401 Member Vieeler,-Warrant Resolution 1401, including Approved Payroll-8815, was approved by the following roll call vote: AYES: -COUNCI"L MEMBERS:- Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS:. None -ABSENT: COUNCIL.MEMBERS: Hornbuckle PUBLIC HEARING The Clerk announced that this was the time and place set Appeal of PA-88-103 for the public hearing to consider an application from Anderson Joel T. Anderson,.195 Tulip-Lane, Costa Mesa, appealing Condition of Approval No.:l, "The 6-foot high wood fence shall.be set back a minimum of 5 feet, 6 inches from the front property line (Orange Avenue) and extend fully across the Orange Avenue frontage, matching the setback of the existing screened patio",.in connection with the Planning Carnission's approval of Planning Action PA-88-103, for"a variance from front setback require- ments (10 feet required, 0-feet proposed) to construct a 6-foot high wood fence at.the above address in an R2 ..zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No commun icat ions were received. The Development ServicesDirector summarized his memorandum of July 26, 1988, and the Staff Report. The Director mentioned that there are several properties in the area where fences are not set back from the property line. Joel Anderson submitted photographs of other properties in the vicinity having fences along the property line. He mentioned that there was a fence along Orange Avenue at 0-foot setback-when he purchased the property. The fence was.blown down by strong winds, and he now is . attempting,-to replace it.- Mr. Anderson stated that placing the fence along the property line will permit the family to walk.-around the outside of.the house within the fence parameters, and it will-alleviate the impacts-from noise, traffic, and litter. William Kessel, 1122 Mission Drive, Costa Mesa, spoke in support of the request. Sid Soffer, 900 Arbor Street, Costa Mesa, believed the request should•be approved since none of the neighbors have conplained. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made -by Vice Mayor Amburgey, seconded by PA -88-103 Mayor -Hall. to approve Planning Action PA -88-103 subject Approved to Conditions of Approval and -Ordinance Provisions corn tained-in the,Staff Report, with Condition No. 1 amended to .allow a six-foot high wood fence at 0 -foot setback along.Orange Avenue provided that site distance on Orange Avenue would not be impaired. AMENDED MOTION After discussion., the Vice.Mayor amended his motion by Finding Added adding that approval is based on the finding that simi- lar requests have been approved for properties along Orange Avenue as indicated by the Development Services Director. .The aQmended.motion.was seconded by Mayor Hall, and carried 4-0. (;Q At the request of Vice Mayor Amburgey, the Public Services Director stated that he would investigate sight distance requirements on Orange Avenue at this location. PUBLIC'HEARING The Clerk announced that this was the time and.place Appeal,of PA -88-106 set for the public hearing to consider an appeal of L. A. County..Land the Planning Commission's denial of Planning Action PA -88-106 from Jerry Klein, L. A. County Land Company, Incorporated, 33161 Camino Capistrano, Suite 'W', San Juan Capistrano, -for variances from side setback requirements (15 feet required, 6 feet proposed), to allow excess compact and -tandem parking, and reduction in parking stall width adjacent to vertical obstruc- tions, in conjunction with construction of a dental office containing approximately 5,200 square feet at 601 and 605 West 19th Street in a Cl zone. Environmental Determination: Negative Declaration. 'Ihe Affidavit of Mailing is on file in the.Clerk's office. No communica- tions were received. The Development.,Services Director reviewed his memoran- dum dated July -26, 1988, and the Staff Report. The applicant is attempting to relocate dentists fron 1879 Newport Boulevard (Revelopment Area) to this site. The original plan showed the correct number of parking spaces .,.(31) but.included,variances from side setback and parking (tandem and excess compact spaces) requirements. A new plan for only 26 spaces was submitted which meets all design standards. The latter plan was acted upon by the Planning Commission and denied. Jerry Klein commented that if this were not a corner property, parking requirements could be met. He noted that in three recent cases (at 129 West Wilson Street, 1520 Nutmeg Place, and 1801 Newport Boulevard) parking variances have been granted in conjunction with new medical offices. Mr. Klein mentioned that there is parking available along both sides of Anaheim Avenue. He commented that'if the structure were for office/ retail uses, 21 parking spaces would be sufficient. Mr. Klein agreed to all conditions if the application" were approved. Roy Pizarek, 270 Del Mar Avenue, Costa Mesa; and Sid Soffer; 900 Arbor Street, Costa Mesa, spoke in support of the request. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Amburgey, seconded by PA -88-106 Council Member Buffa, to -approve Planning Action Approved PA -88-106 subject to all Conditions of Approval and Ordinance Provisions contained in the Staff Report. AMENDED MOTION At the suggestion -of Council Member Wheeler, the Vice Findings Added Mayor amended his motion by adding the following find- ings: (1) There are special circumstances due to the lot's position adjacent to a major arterial slated for imminent widening; and (2) Other properties have been 'granted similar variances in.the past, and to deny this applicant would be to deny him a right enjoyed by other similar property owners. The amended motion was seconded by Council Member Buffa, and carried 4-0. PUBLIC HEARING The Clerk announced that this was the time and place Weed Abatement set for the public hearing to consider the report of the Program Fire Chief in connection with the City's Weed.Abatement .11 Program. Notice of Public Hearing was posted as required by law. No camunications were received. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the validity of the cost for each parcel as detailed in the report. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Vice .Resolution•88-56 Mayor Amburgey, Resolution 88-56, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT OF THE FIRE CHIEF OR HIS DESIGNEE, SHOWING THE COST OF REMOVING THE RUBBISH AND WEEDS AND REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE PARCEL OF LAND IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey., Wheeler, Buffa NOES: COUNCIL MEMBERS:- None - ABSENT: COUNCIL MEMBERS: Hornbuckle OLD BUSINESS The Clerk. presented Ordinance 88-4 for second reading and adoption. The ordinance changes the zoning at 514 R-88-02 and 518 Bernard Street from R2 to R3 in connection with Ferryman/Oriental Rezone Petition R-88-02, Jim Ferryman, 3520 Cadillac Realty, USA Avenue, Suite C, Costa Mesa, authorized agent for Oriental Realty, USA, Incorporated, 2625 East First Street,'Los Angeles. Council Member-TAbeeler opposed the rezone, preferring a lower density. MOTION On motion by Vice Mayor Amburgey, seconded by Council Ordinance 88-4. Member Buffa, Ordinance 88-4, being AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE,CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT 514 AND 518 BERNARD STREET FROM R2 TO R3, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: Hornbuckle Time Limits The Clerk presented Ordinance 88-9 for second reading to.Ccmmence and adoption. 'Ihe ordinance regulates time limits to Construction ceamnence construction authorized by certain planning applications. MOTION on motion by Vice Mayor Amburgey, seconded by Council Ordinance. 88-9 Member Wheeler, Ordinance 88-9,,being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE COSTA MES& MUNICIPAL CODE REGARDING TIME LIMITS TO COMMENCE CONSTRUCTION AUTHORIZED BY VARIANCE, CONDITIONAL USE PERMIT, DEVELOPMENT REVIEW, OR FINAL DEVELOPMENT PLANT, was given second reading and adopted by the following.roll call vote: AYES: COUNCIL MEMBERS.: Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Lease Agreement. The.Clerk presented Ordinance 88-10 for second reading for Victoria Street and adoption. The ordinance approves a lease agreement Widening for funding the Victoria Street widening project. Council Member Wheeler was opposed to the lease agree- ment because he is opposed to everything related to the Victoria Street project: it is the most expensive street project in the history of the City, approximately $15 million; costs include bulldozing nearly 100 homes and displacement of several'hundred residents, many of whom are elderly; and the benefits are mainly for people commuting between Huntington Beach and Irvine. MOTION On motion by Vice Mayor Amburgey, seconded by Council Ordinance 88-10 Member Buffa, Ordinance 88-10, being AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING A LEASE AGREEMENT RELATING TO VICTORIA STREET AND THE EXECUTION THEREOF BY AND BETWEEN THE CITY OF COSTA MESA AND COSTA MESA AND PUBLIC SAFETY FACILITIES, INCORPORATED, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: Hornbuckle Transportation The Clerk presented a draft Transportation Management Management Element Element for the General Plan and draft Transportation and Ordinance System Management Ordinance. The City Manager referenced staff's memorandum dated July 25, 1988, which details both documents, and sug- gested approval of the recommendations contained on the Agenda. MOTION On motion by Council Member Wheeler, seconded by Vice Directed Staff 'to Mayor.Amburgey, and carried 4-0, the following action Circulate Documents was taken: and to Place on Council and Planning Staff was directed to forward the documents to all Cammission Agendas interested parties, including homeowners associations,. the General Plan Steering Committee; and the Traffic Coni ss ion . Directed staff to place these items on the Agenda for the -Council Study Session of August 8, 1988, and on the Agenda for the Planning Commission meeting of August 22, 1988. Procedure for The Clerk presented from the meeting of July 19, 1988, Campaign Process a procedure for the upcoming campaign process. Council Member Buffa summarized the memorandum dated July 14, 1988. He reported that as directed by Council in 1987, he and'Council Member Hornbuckle met with staff to discuss procedural amendments for future elections. The objectives of the committee were to define methods to limit the cost of local elections for all candidates; suggest revisions to the existing Sign Ordinance relat- ing elating to political advertising; develop means for briefing City Council candidates on election regulations and the municipal organization; and propose methods for improv- ing voter awareness. The City Manager reported that the committee believes the City of Irvine political sign regulations are good ones and that similar regulations should be adopted for Costa Mesa. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, was of the opinion that a limitation on campaign contribu- tions should be put into effect at once. The City Manager responded that the committee is working through the League of California Cities in developing concepts for a model campaign financing ordinance, and �n -103 staff -is -,in the.process of determining whether recent campaign reform Propositions 68 and 73 will impact the model ordinance in any way. Council Member Wheeler camuented that the cities of Irvine and Newport Beach already have ordinances limiting campaign contributions. Scott Williams contended that ordinances frau those two cities could be used as models. The City Manager responded that staff is looking at the League of Cities model ordinance because other ordinances contain some flaws. Sid - Soffer, 900 Arbor Street, Costa Mesa, suggested that time -donated by people for an election campaign should be included in contribution statements based on a set hourly wage. Nancy Palme, 1997 Kornat Drive, Costa Mesa, suggested that the City prohibit people frau standing near freeway,off-ramps exhibiting political signs. 'Ihe City Manager,,responded,that the ordinance will address prohibition of political signs.in the public.right of - way. MOTION On motion,by Council Member Wheeler, seconded by Council Recamnendations Member Buffa, and carried 4-0, staff was authorized to for Campaign modify the City's Sign Ordinance as it pertains to cam Process Approved paign signs.; the City Manager was authorized to prepare and present a candidate orientation; the City Manager was authorized to coordinatp-and disseminate publicity regarding candidate forums;.and directed staff to review the League of Cities model ordinance regarding campaign funding,and to forward it to,Council for discussion at the September 12, 1988,_.Study Session. RDCESS The Mayor declared a recess at 7:55 p.m., and the meet- eeting ingreconvened at 8:10 -p.m. NEW BUSINESS The.Clerk presented Planning Action PA -88-95, Lee Ambers, 6911 Hayvenhurst Avenue,_Suite 201, Van Nuys, authorized PA -88-85 agent for The Los Angeles Times, 1375 Sunflower Avenue, Los Angeles Times Costa Mesa, for Conditional Use Permit to establish a private heliport and a_refueling facility consisting of a 57 -foot square helipad, as well as underground fuel tanks at.1375 Sunflower Avenue in an MP_ zone. Environ- mental Determination: Negative -.Declaration. _. A,communication.was received in opposition to the appli- cation frcan Dave, Leighton,-, Board of Directors, North Costa_Mesa Homeowners Association, 3105 Loren Lane,_ Costa, Masa. A'ccamnunication frau Terry McCormick, Manager, Corporate Administration, The Canadian Insur- ance Canpany of California, 3350 Harbor Boulevard, Costa Mesa,,asked,that Council deny 'the request or to at least delay, it„for. several,.months.until there is a better opportunity fora public hearing. The Development Services_ Director.summarized his memor- andum of July 27, 1988, and the Staff Report, and gave a slide presentation of the subject property and surround- ing area.. The'.Director reported that the applicant proposes-to,conduct two flights a day, with a maximum of 60.flights per,month; and operation would be limited to the hours of 7:0.0 a.m. to 8:00 p.m. unless there are emergencies. The Director stated that staff contracted with BBN Laboratories, 21120 Vanowen Street, Canoga Park, to provide sound tests. These tests were done at the applicant's expense. After sound testing was completed, BBN concluded that the impacts of the helicopter opera- tion would be no more noisy than some of the existing ambient sound levels. The Federal Aviation Administration (FAA) has reviewed the proposal, viewed the helipad site, and has issued a "no hazard" determination. Lee Pmbers, agent for The Los Angeles Times, responded to the concern'contained in the letter fram The Canadian Insurance.Conpany of.California. He stated that the two flight paths, one north and one south, will be over The Eos Angeles Times property, not over adjacent.proper- ties; .therefore, there will be no adverse impact on employees or their property at The Canadian Insurance building. Mr. Ambers stated that a third flight path to the south and east would be used for refueling or taking passengers to and from John Wayne Airport. He did mention that if the third flight path created a noise problem, that flight path would be deleted and fuel tanks installed at the subject site. Responding to questions frau Mayor Hall, Mr. Ambers reported that most flights cane from the Los Angeles area, and all helicopters must use Mile Square as a holding area until clearance is received. The heli- copters then proceed to John Wayne Airport using.the flight path along the 405 Freeway, the 73 Freeway, and Baker Street. Mr. Ambers stated that the heliport at The Times property will decrease the number of flights over the City. In reply to Council Member Wheel er°s questions, Mr. Ambers reported that during the sound testing, a "quiet" helicopter with four rotor blades was used; and the altitude of the aircraft while flying over Baker Street would be 700 feet as required by the airport. Council Member Wheeler asked if the applicant would be agreeable to a condition being imposed requiring the use of the sante type of helicopter if the application were approved. Ernie Vitucci, General Manager of The Los Angeles Times, Orange County,, responded that it was his intention to see that their helicopters would not cause adverse sound impacts on the community. Council Member Wheeler was concerned with the possibility of opening the door for similar requests from other businesses who would not be as responsible as the applicant. Council Member Buffa asked about the sound tests, and Mr. Ambers reported that the closest residential area to the heliport is approximately 1/4 mile from the site and meters were placed at several locations within that community. He stated that the helicopter, both on takeoff and landing, was inaudible. Ernie Vitucci reiterated that, if necessary, the third flight path (to the airport) could be deleted. William Kessel, 1122 Mission Drive, Costa Mesa, was opposed to allowing the heliport because he felt there were already too many aircraft in the area. I Robert Wilson,.3435 Plumeria Place, Costa Mesa, spoke at length on why -he was,opposed to the heliport. He stated that the noise from helicopters flying over his hane is very disturbing, and that to approve this appli- cation would adversely affect the quality of life in the City.' Mr. Wilson °coacmnented that if Council were to allow this heliport, they would not be able to deny future requests. Stephen Goldberger, 3036 Java Road, Costa Mesa, agreed with the statements by Robert Wilson, and suggested that.approval.of the heliport be withheld until a policy .is established. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if a policy on helicopters.has been.established. The Devel- opment Services Director referred to Page 1 of the Staff Report, Item.D, which.contains eight Council policies regarding review :and approval -of heliports. Mr. Soffer felt that because of the location of the heliport, there would be no adverse sound impacts. Terry McCormick, The Canadian Insurance Company of California, expressed his concern with unnecessary landings.and takeoffs, and the safety of his employees. Mr. McCormick claimed that they do hear the helicopters and it is very disruptive to the operation of business. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, was under the impression that the City would adopt an ordinance regulating helicopters, and reported that at the General Plan Steering Committee meetings, people voiced their concerns about the impact of helicopters flying over the City. Dick Sherrick, 3146.Country Club Drive, Costa Mesa, was in agreement with comments made by Robert Wilson. Pamela Gallagher, 1062 Tulare Drive, Costa Mesa, stated that.if'this heliport were approved, she feared all future requests would be approved also. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, men- tioned that in the sound report from BBN Laboratories, it states (Page 28) that there was an equipment failure at Location No.. 4; therefore, the applicant did not comply with Council Policy No. 4 (Applicants for heli- ports will be required to submit a noise test taken between the hours of 7:00 a.m. and 8:00 p.m. at the residential property most likely to be affected by the proposed helistop and approach/departure route. Included in the test shall beat least three simulated landings of the helicopter which will use the helistop). Mr. Ambers responded that the failure of equipment at Location -No. 4 was insignificant since Location No. 6 -was-operating properly and that site is located within 100 yards of Location No. 4. Responding to an inquiry frau Mayor Hall, Mr. Ambers reported that the applicant does not expect to be flying 60 flights per month, and presently, is making approxi- mately 12 flights per year. MOTION A motion was made by Vice Mayor Amburgey, seconded by Negative Declara- Council Member.Buffa, to adopt the Negative Declaration tion Adopted of Environmental Impact. Council Member Wheeler opposed the motion because he felt the sound tests -do not provide enough noise data to warrant adopting a Negative. Declaration; therefore, it cannot.be concluded that there will not be substan- tial impacts on the neighborhoods. He also commented that there was an equipment failure at the closest residence where sound monitoring was.being done. Council Member Wheeler opposed the motion because one of the criteria for issuing a Conditional Use Permit was to monitor sound at a residential site, and this was not done because of the failure of the monitor at the clos- est residential property. He also opposed the motion because he felt the Negative Declaration was not proper in this case. Council Member Wheeler commented that approval of this request will make it easier for other businesses to obtain approval for heliports. Council Member Buffa stated that the helipad can be used for emergency services, and pointed out that if a prob- lem does occur with this application, the Conditional Use Permit can be revoked. The motion to approve Planning -Action PA -88-85 carried 3-1, Council Member Wheeler voting no. RMESS The Mayor declared a recess at 10:35 p.m. and the meet- ing eeting reconvened at 10:50 p.m. Airport Site The Clerk presented a request from the Airport Site Coalition Coalition for participation by the City of Costa Mesa. Clarence Turner; Newport Beach City Councilman and Vice President of the Airport Site Coalition (ASC), reported that the Airport Site Coalition has been selected by the Federal Aviation Administration (FAA) and the Southern California Association of Governments (SLAG) to conduct an in-depth study to locate an,addi-itional airport for residents of Orange County. The proposal to the FAX 1 . I The motion to adopt the Negative Declaration carried 3-1, Council Member Wheeler voting no. MOTION A motion was made by Vice.Mayor Amburgey, seconded by PA -88-85 Council Member Buffa, changing the third sentence of Approved Council Policy No. 6 (Page 2 of the Staff Report) to read, "If the Planning Commission determines that Condi- tions of Approval are being violated or (not "and") that the heliport is causing unacceptable impact on other properties, it shall recommend to the City Council that the CUP.be revoked"; approving Planning Action PA -88-85 subject to ordinance Provisions and Conditions of Approval contained in the Staff Report, and adding the following Conditions of Approval: Only helicopters with four or more rotor blades shall be flown.. There shall be no flights between The Los Angeles Times site and John Wayne Airport. AMENDED MOTION After discussion, Vice Mayor Amburgey amended his motion Condition No. -6 by amending Condition of Approval No. 6 to stipulate Amended that approval of.the heliport shall be subject to semi- annual review by the Planning Commission for the first year, and thereafter reviews will be made on an annual basis. The amended motion was seconded by Council Member Buffa. Council Member Wheeler opposed the motion because one of the criteria for issuing a Conditional Use Permit was to monitor sound at a residential site, and this was not done because of the failure of the monitor at the clos- est residential property. He also opposed the motion because he felt the Negative Declaration was not proper in this case. Council Member Wheeler commented that approval of this request will make it easier for other businesses to obtain approval for heliports. Council Member Buffa stated that the helipad can be used for emergency services, and pointed out that if a prob- lem does occur with this application, the Conditional Use Permit can be revoked. The motion to approve Planning -Action PA -88-85 carried 3-1, Council Member Wheeler voting no. RMESS The Mayor declared a recess at 10:35 p.m. and the meet- ing eeting reconvened at 10:50 p.m. Airport Site The Clerk presented a request from the Airport Site Coalition Coalition for participation by the City of Costa Mesa. Clarence Turner; Newport Beach City Councilman and Vice President of the Airport Site Coalition (ASC), reported that the Airport Site Coalition has been selected by the Federal Aviation Administration (FAA) and the Southern California Association of Governments (SLAG) to conduct an in-depth study to locate an,addi-itional airport for residents of Orange County. The proposal to the FAX 1 . I included.a budget of $552,000.00 with the balance of approximately 20 percent to be raised by ASC frau private or local public sources. After review, the FAA elected to fund only $378,000.00 of the total amount required; and if the ASC is to be successful', it must raise the balance of the funds from outside sources. Mr. Turner asked that the City donate $50-,000.00 to be paid in 10 equal installments of $5,000.00 each. MOTION/Authorized A motion was made by Vice Mayor Amburgey, seconded by Contribution of Mayor Hall, authorizing a contribution of $1,000.00 per $10,000.00 month for 10 months, fora total of $10,000.00. SUBSTITUTE MOTION After further discussion, a substitute motion was made Authorized by Council Member Buffa,=seconded by Council Member Contribution of Wheeler, authorizing a. contribution of $50,000.00 to be $50,000.00 paid in 10 equal payments of $5,000.00 each, and direct ing,the City Manager to prepare -an appropriate budget adjustment.for Council approval. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Wheeler, Buffa NOES: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: Hornbuckle Certification The Clerk presented the certification of signatures on of Signatures on the Referendum Petition concerning adoption of Resolu- Referendum/ tion 88-44, approving'General'Plan Amendment GP -88-1 Segerstran Herne (Revised), Segerstran Herne Ranch. Ranch The Clerk reported'that the signatures on the Referendum Petition have been examined, and certification has been made that there are sufficient valid signatures to . qualify the -Referendum for further action. The Petition contains 5,075 valid signatures, and 4,190 signatures were required for certification. Calling General The Clerk presented a resolution calling and giving Municipal Election notice of a General Municipal Election to be held Tues- to,be Held day, November 8, 1988, for election of certain officers November 8, 1988 of the City, and for -a decision by the voters on Initia- tive and Referendum Petition Measures. The Clerk also presented a -report from the City Attorney on the Citizens Sensible Growth and Traffic Control Initiative. The City Attorney referenced his memorandum of August 1, 19,88, and reported that there is a problem with the Initiative Petitions. 'There were two forms of the Initiative.submitted to the Clerk, and the declaration by the circulators on one of those forms does not comply with the requirements of the Elections Code. There is a requirement that all circulators declare under penalty of perjury that he or she circulated the Petition and witnessed the signatures being placed on it (Elections Code Section 3519).` This statement is missing frcm some of the declarations. The City -Attorney stated that after finding the flaw, h,e asked the Clerk to review the documents. On Friday, the Clerk determined that if the signatures on the petitions which contain the flawed declaration were omitted fran the count and nullified, it,would prevent.the Initiative fran being qualified. He stated that.after discussing the situation with the City Manager, they decided that this was the type of information that should be"made public and brought to the -Council's attention as quickly as possible. f The City Attorney mentioned a consideration providing for.the circulators to auehd their declarations. If the people who signed the defective declarations actu- ally were,the circulators and saw the signatures being written, the defect could be cured. A corrected declar- ation would have to be filed for each section of the Initiative Petition. In conclusion, the City Attorney recommended that Council proceed with placing the Initiative on the ballot, but with a proviso in the Resolution that the City Attorney shall contact the legal counsel for the Secretary of State to obtain an opinion on whether placing the Initiative on the ballot is lawful with that flaw in the declarations of the circulators. Responding to questions from Vice Mayor Amburgey, the City Attorney reported that it appears that the dead- line.for making changes on the ballot is approximately September 1, 1988,,.and that lie expected a reply from the Secretary of State's office prior to the deadline. In responding to Mayor Hall, the City Attorney stated that if the Initiative were on the ballot and it was then determined that it was invalid, the City would have waived any impropriety of the petitions. Scott Williams,.3465 Santa .Clara Circle, Costa Mesa, stated there are many cases indicating that technical deficiencies will not invalidate a petition. He was of the opinion that this situation was brought forth simply to confuse the voters. Council Member 4xbeeler was confident that the flawed petitions would be corrected by the circulators before an opinion is received.from the Secretary of State's office. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, asked for information on how to remedy the flawed petitions. He contended that the Initiative could be placed on the ballot'by Council without investigating whether or not the petitions are flawed. 'He camnented that the signa- tures are valid., and the voters. should be allowed to vote on the issue. In response to Mr. Humphrey's request for a remedy to cure the flawed declarations, the City Attorney stated that preparation of an Initiative is very complicated and reccunended that Mr. Humphrey solicit legal advice because he did not want to mislead him in any way. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, sug- gested changing the Resolution by rewording the measure to read, "Shall the Initiative Measure entitled: 'Citi- zens' Sensible Growth and Traffic Control Initiative' be adopted which permits certain types of development projects to proceed only upon the achievement of speci- fic levels of service, or road and flood control services, and police, fire, and paramedic services." She believed the wording she proposed clarified the matter because it indicates the development can only proceed when these levels of service are achieved. Ms. Gehis.comnented that'in some cities, the citizens were not required .toIobtain these signatures because the Councils merely put the Initiative on the ballot. Ms. Genis stated that if the Initiative does not qualify for the ballot, the citizens group will circulate petitions again. 1 After several comments by Council Members Buffa and Wheeler, the Mayor halted further discussion, and asked the -next public speaker to proceed. Council Member Wheeler left.the dais, and went into the audience section of the Chambers. Jan Luymes, 582 Park Drive, Costa Mesa, stated that the issue concerning the Initiative Measure was not clear to her. Mayor Hall gave her a copy of the City Attorney's report of August 1,- 1988. Council Member Wheeler, speaking as a Costa Mesa resi- dent, stated -that every time the people have attempted to qualify an initiative over the last three or four years, they have been fought by development interests. He referenced instances in the. City of Irvine and the County.of Orange. He commented that the subject initis tive qualified overwhelmingly in this City, and now the Council is trying to find loop holes to defeat it. Jan Luymes, after having read the City Attorney's report, asked who would determine if the defective petitions have been corrected. The City Attorney responded that the Clerk would determine whether the petitions had been corrected; however, if the Clerk were to ask for legal advice, he would advise her. Council Member Wheeler returned to the Council table. Dick Sherrick,,3146 Country Club Drive, Costa Mesa, was of the opinion that it was the duty of the City Attorney to advise the.citizens who circulated the Initiative -Petitions on how to correct the flawed declarations. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that -there is an-attorney/client relationship between the City: Attorney and the- Council, it t is the City Attorney's duty to advise the Council, and he is not obligated to offer legal advice to the citizens. Scott Williams asked.that the Mayor direct .the City Clerk to make the petitions in question available for viewing by the circulators. Bob Bradley, 2030--Goldeneye Place, Costa Mesa, asked for clarification of the section in the Elections Code which states that.the receiving agency shall not accept illegal petitions.- He also mentioned a section of the Code which states that once the.petition is certified, it should be sent to the Secretary of State. Council Member Wheeler ccmmented on the latter statement by Mr. Bradley, stating that he believes it refers.to chartered cities only. MOTION A motion was made by Council Member Buffa to adopt Resolution 88-57 Resolution 88 -57, -being A RESOLUTION OF THE CITY COUNCIL Adopted OF THE CITY OF.COSTA-MESA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 8, 1988, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AND FOR DECISION BY THE VOTERS ON AN INITIATIVE MEASURE, stipulating that the Resolution contain a proviso that the City Attorney shall.coontact.the legal counsel for the Secretary of State to.obtain an opinion on whether placing the Initiative on the ballot is lawful or whether the Initiative should be removed from the l() ballot; directing the City Attorney to make the response from the legal counsel known to the Council and the circulators,of the.petitions.as quickly as possible; and directing the City Clerk to make the petitions available to the;circulators so that.corrected declarations can be submitted. The motion was seconded by Vice Mayor Amburgey. Council Member Wheeler was of the opinion that a yes vote on this motion is a direct abrogation of the Council's duty to uphold the Constitutional mandate to protect and defend the initiative process. During discussion concerning correction of the defective petitions, the City Attorney.stated that the City Clerk should not allow the petitions to be removed fram.her office, but the flawed petitions should be segregated and available in her office so that the circulators can provide corrected declarations. David Stiller, 2879 Regis Lane, Costa Mesa, asked for clarification on .how the defective petitions which he may have circulated will be made available to him. 'the Mayor responded that it was his understanding that he will have access to only those defective petitions which he circulated. The motion by Council Member Buffa carried by the following roll call vote:, AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: Hornbuckle RElCESS The Mayor declared 'a recess at 12:50 a.m., and the meet- ing reconvened at 1:00.a.m.. Placing Two The Clerk presented a resolution placing two referendums Referendums on the ballot for`the-November 8, 1988, election, for on the Ballot General Plan Amendments GP-88-1.(Resolution 88-11) arra GP -88-1, Revised (Resolution,88-44), Segerstram Home Ranch. Council Member Wheeler disagreed with the wording of the second referendum for Resolution 88-44 because it is not worded in the`samme manner as the referendum for Resolu- tion 88-11. He felt the wording for the second referen- dum is argumentative. Jay Humphrey; 1620 Sandalwood Street, Costa Mesa, objected to the wording for.the second referendum because of the use of the word -"alternative" which indicates there is a choice between the two referendums; the wording concerning building heights is confusing; and the referendums do not indicate that Phase I of the project has not been changed. Council Wheeler stated that neither referendum had any thing to do with the other, in fact, they qualified at different times. He could not conceive of any rationale to writing the second referendum the way it has been written. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, agreed with the previous speaker,. and objected to Item (d) in the first referendum, "establishing a funding program to pay for these traffic improvements". She stated that the developer funding program whereby each developer would pay a certain prorated share of traffic improve- ments was established February 10, 1988, and Resolution 1 88-11 was not "adopted".uhtil February 13, 1988. Ms. Genis contended that Resolution 88-11 does discuss in a general way.the various mechanisms for funding as alternative means; however, since it does not establish a funding program .to pay -for -these traffic improvements, Item .(d) should•be deleted. The City Attorney responded that Resolution 88-11 is an amendment to;the-Circulation Element and there is a provision for a,funding'mechanism to pay for improve- ments to. the Master Plan of Highways. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, was of the opinion that the wording of the referendums does.not•comply.with theState Election Law. He can- mented'that the second referendum was confusing. Sid -Soffer, 900 Arbor Street, Costa Mesa, stated that if anyone wanted'to recamnend changes to the wording for the referendums, they should have done so sooner. 'Council Member Wheeler responded that last Friday, he asked that a change be'made.but his suggestions were not accepted. Dick Sherrick, 3146 Country -Club Road, Costa Mesa, objected to the wording.of the referendums because it appears that voters have:a}choice between the .two, which'is notthe case:' Nancy Palme, 1997 Kornat�Drive, Costa Mesa, canmented that the ballot measures should coincide with the way the original Resolutions were adopted. MOTION A motion was made by Vice Mayor Amburgey, seconded by Resolution 88-58 Council Member Buffa, to adopt Resolution 88-58, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DIRECTING THAT TWO REFERENDUM PETI- TIONS BE PLAACED'ON THE BALLOT FOR THE NOVEMBER 8, 19880, GENERAL MUNICIPAL -ELECTION.• Council Member. Wheeler stated that it is quite clear that'the second measure -is ladened with argument; there was no funding program established in Resolution 88-11 as stated on the referendum; the wording misleads the voters_ into thinking there is a lesser alternative, being the second referendum; and in his opinion; this drafting -of the referendums' is political advocacy. Vice Mayor Amburgey stated that if the Resolution in -its present state would deceive the voters into thinking they could vote for one'-or•the other referendum, they could. just as easily be.confused in the fact that they could vote.='no" or "yes" on both of them. Council Member Buffa commented that the referendum for Resolution 88=11 does not reduce the building height on the north half'of the property fran 11 stories to 4 stories, but the `second one does; therefore, he did not know how.the same words could be used for both referen- dums. The motion"to adopt Resolution -88-58 carried by the following roll. call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL ME4BERS: Hornbuckle Requesting Board On motion by Vice Mayor Amburgey, seconded by Council of Supervisors Member Wheeler, Resolution 88-59, being A RESOLUTION OF to Consolidate THE CITY COUNCIL OF THE CITY OF COSTA MESA,'CALIFORNIA, Election. REQUESTING .THE BARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL -MUNICIPAL ELECTION OF MOTION SAID CITY TO BE HELD.ON NOVEMBER 8, 1988, WITH THE Resolution 88-59 STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE Adopted PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Rebuttal On motion by Council Member Wheeler, seconded by Council Arguments for Member Buffa, Resolution 88-60, being A RESOLUTION OF Measures THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMEN'T'S FOR CITY MOTION MEASURES SUBMITTED AT MUNICIPAL ELECTIONS, was adopted Resolution 88-60 by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:' Hornbuckle Adopting On motion by Vice Mayor Amburgey, seconded by Council Regulations for Member Buffa, Resolution 88-61, being A RESOLUTION OF Candidates THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE MOTION PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND Resolution 88-61 THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO Adopted BE HELD IN -SAID CITY ON TUESDAY, NOVEMBER 8, 1988, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Impartial The Clerk presented a request to consider an impartial Analysis for analysis by the City Attorney for ballot measures. Ballot Measures Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, asked that if an impartial analysis were written, it should be made available to the public for their examination before public funds are spent. A motion was made by Council Member Buffa to provide for impartial analyses. The motion failed for lack of a second. MOTION A motion was made by Vice Mayor Amburgey not to write, Directed that No impartial analyses for the referendums. The motion Analysis be Done was seconded by Council Member Wheeler, and carried for Referendums 4-0. MOTION A motion was made by Council Member Buffa, seconded by Authorized Analysis Vice Mayor Amburgey, directing the City Attorney to for Initiative write an impartial analysis for the Sensible Growth and Traffic Control Initiative. Council Member Wheeler stated that he will be opposing the motion because he has no faith in obtaining an impartial analysis from the City Attorney. Scott Williams was of the opinion that the City Attorney should not do the impartial analysis on the Initiative. The motion to have the City Attorney write an impartial analysis on the Growth and Traffic Initiative carried 3-1, Council Member Wheeler voting no. Amended Contract/ Item 10 on the Consent Calendar was presented: An MacMillin-and amendment to the contract with Paul G. MacMillin and Associates:-. Associates, 3303 Harbor Boulevard, Suite -K-12, Costa Mesa, for $33,700.00, -to provide appraisal services for Victoria Street funding of the Victoria Street widening project. Appraisals Council Member Wheeler was opposed to this item because he is.opposed to everything related to the Victoria Street project: it is the -most expensive street project in the history of the City, approximately $15 million; costs include bulldozing nearly 100 homes and displace- ment of several hundred residents, many of whom are elderly; and the benefits -are mainly for people ccmmut ing between Huntington`Beach and Irvine. MOTION° On motion by Council Member Buffa, seconded by.Vice Amended Contract Mayor Amburgey, the--amendment-=to the contract was Approved approved by the following roll -call vote: AYES: COUNCIL MEMBERS -.'.Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: Hornbuckle CITY MANAGER The City Manager presented tentative agreements with REPORT the Costa Mesa Police Association and Costa Mesa Fire- fighters Association. Tentative Agreements with The City Manager reported that the tentative agreements Police and are supported by both associations. Firefighters Associations 'Ihe tentative agreement with the Firefighters Associa- tion includes a salary increase of 7.5 percent effective July 3, 1988, and an additional 5 percent increase effective the first pay period of July, 1989. The tentative agreement with the Police Association includes 5 percent salary increase effective July 3, 1988, and an additional 5 percent increase effective the first pay period of July, 1989. Also included in the tenative agreements with both associations are provisions concerning disability retirement, health premiums, long term disability, and sick leave incentives. MOTION On motion by Council Member Buffa, seconded by Vice Agreements Mayor Amburgey, the tenative agreements were approved Approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle ORAL COMMUNICATIONS Metro Pointe (Arnel) Referendum/PA-88-03 Soffer Comments Dick Sherrick, 3146 Country Club Drive, Costa Mesa, asked how much the City spent in opposing the Metro Pointe (Arnel) referendum (Planning Action PA -88-03). 'Ihe Mayor mentioned that when the referendum petition was circulated, the majority of the Council felt it was an illegal circulation. The Mayor stated that he would find out what the costs were and advise Mr. Sherrick. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about traffic in Costa Mesa; money; and advertising by attorneys. Council Member Wheeler left the chambers while Mr. Soffer was speaking. -^I. J-1: ADJOURNMENT The Mayor declared the mCeIng2adjj'o 7n at -B a.m. I Mayor of th6 City of Costa Mesa Ci y Clerk of the City of Costar I I