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HomeMy WebLinkAbout07/20/1987 - City CouncilREGULAR MEETING CF THE CITY COUNCIL CITY OF OOSTA MESA JULY 20, 1987 The City Council of the City of Costa Mesa, California, met in regular session July 20, 1987, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Vice Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Chaplain Lloyd Sellers, Hoag Memorial Hospital-Presbyterian ROLL CALL- Council ,Members Present: Hall, Amburgey, wheeler, Hornbuckle, Buffa Council -,Members Absent: thne Officials Present: City Manager,, City Attorney, Development Services Director, Public Services Director, City Clerk MINUTES On motion by Council Member wheeler, seconded by Council July 7, 1987 Member•Buffa, and carried 5-0, the minutes of the adjourned meeting of July. 7, 198.7, %ere approved as distributed. ORDIM?NCES A motion was -made by Council .Member Buffa, seconded by Council Memberwheeler, and carried 5-0, to read all ordinances by title only. . ORAL COMMUNICATIONS Sid Soffer, 900.Arbor Street, Costa Mesa, said he would like to .have; disparities _for' zoning variances cleared up. Zoning Variances. The Director of.Development Services will prepare a staff report on the.subject. MOTION A motion was made, by Mayor Hall, seconded by Council Referred to Member Buffa,,,tiD bring the variance procedure forward to Study -Sessions a Planning Commission study session arra thereafter to a Council study session. -..The motion carried 5-0. Traffic Controls 'Phil Becerril, 3006.Coilege Avenue, Costa Mesa, referred College/Baker to a petition regarding traffic controls on College Ave- nw and Baker Street, and said the Public Services Director has .indicated. to him that there will be a rehearing on this subject.which will come before the Traffic Canmission.. Mr. Becerril expressed appreciation of staff's efforts. CONSENT CALENDAR The.follcwing items were removed from the Consent Calen- dar: aleradar: Item 6(a), Claim. fran. Carol Carter and Gerald Heumann;' Item 8(d), Charge Order No. 1, $47,583.74, Rainey Construction ,Company, Incorporated, for construc- tion of Donald Dungan Library. On motion by Mayor Hall, seconded by Council Member wheeler,'•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: NDne ABSENT: COUNCIL MEMBERS: None WRITTEN A letter was received from Tan Lee, President, TSL COMMUNICATIONS Management, 188 East.17th Street, Costa Mesa, requesting Private Property interpretation of Private Property Vehicle Storage, Vehicle Storage Vehicle Code Section 22658. On motion by Mayor Hall, MOTIOWReferred seconded by Council Member Wheeler, and carried 5-0, to City Attorney this item was referred to the City Attorney for response. READING FOLDER on motion by Mayor Hall, seconded by Council Member Wheeler, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Attorney Bridget Baynes on behalf of Lois Marion Hewett; David Nguyen; Kenneth L. Sutton, Jr., on behalf of Kenneth Sutton, a minor; Marion E. Rattigan; Attorney Arthur Csillag on behalf of I. Luyen Pham, Luyen Pham, Tramanh Huynh, and Hoa Doan; and, John K. Ewing. Alcoholic Alcoholic Beverage License applications for which Beverage -parking. has. been_.approved by the Planning staff: Licenses Leonilda and Marino Mancini, doing business as Harbor Beer & Wine Market, 2330 Harbor Boulevard; Ebrahim and Sarah Khalili,:doing. business as Redhill Lunch & Canpany, 3001 Redhill Avenue, Bldg. 1, Suite 108; Chantry, Ltd., doing business as Fat Freddy's Mexican Diner, 2949 Fairview Road; and, Jeong S. Cha and Susan S. Lee,.doing business as Sunshine Liquor, 724 West 19th Street. Soundwall Request fran Mesa Verde Villas Homeowners Association Along 405 for construction of a 17 -foot high soundwall on edge Freeway of pavement along I-405 Freeway. SET FOR PUBLIC On motion by Mayor Hall, seconded by Council Member HEARING' Wheeler, arra carried 5-0, the following items were set for public -hearing on August 3, 1987, at 6:30 p.m., in the Council Chambers of City Hall: GP -87-2B and For Robert G. Chapman,.authorized agent for Aubrey L. R-87-09 Oliger, for property south of Victoria Street, between Chapman/Oliger Doctors Circle and Thurin Street. Environmental Determination: Negative Declaration: General Plan Amendment GP -87-2B, to change the -land use designation frau Medium Density Residential to High Density Residential. Rezone Petition R-87-09, to rezone frau R2 to R4. Assessory An ordinance amending the Municipal Code to bring Apartments accessory apartment structures into conformance. Abandonment A motion was made by Mayor Hall, seconded. by Council Elden Avenue Member Wheeler, to adopt Resolution 87-72, being A RESOLUTION CF THE CITY COUNCIL OF THE CITY OF COSTA MOTION MESA, CALIFOINIA, DECUkRING ITS INTENTION TO ORDER THE Resolution 87-72 VACATION .CF A PORTION CF PUBLIC RIGHT--OF-WAY AT 2419 Adopted Setting ELDEN AVENUE, setting a public hearing on August 17, a Hearing for 1987, at 6:30 p.m., in the Council Chambers of City August 17, 1987 Hall. 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 REJECTED CLAIMS On motion by Mayor Hall, seconded by Council Member Wheeler, and carried 5-0, the claim frau R. G. Kennedy Kennedy was rejected.. Pacific Bell On motion by Mayor Hall, seconded by Council Member Wheeler, and carried 5-0, the claim from Pacific Bell was rejected. .133 APPLICATION TO On motion by Mayor Hall, seconded by Council Member PRESENT LATE CLAIM Wheeler, .and carried. 5-0, the application for Dave to Present:i:'.a Late Claim frau Attorney Russell D. Cook on Goff behalf ',of- Douglas Allen Goff, a minor, by Karen Simmons, was granted, arra no action was taken on the claim. ADMINISTRATIVE - Bids received for Bid Item 765, to Replace Heating and ACTIONS Air -Conditioning in Police Building, are on file in the Clerk's office. On motion by Mayor Hall, seconded by Bid Item 765 Council Member Wheeler, the contract was awarded to Replace Heating arra Ciara Corporation, 14923 Oxnard Street, Van Nuys, for Air Conditioning $186,008.00. The motion carried by the following roll Fblice Building call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, MOTION Hornbuckle, Buffa Awarded to Ciara NOES: COUNCIL MEMBERS: None Corporation. ABSENT: COUNCIL MEMBERS: None Puchase Sole Source Staff recammended. purchase of. a helicopter frau sole Helicopter frau source vendor, Tallmantz Aviation, 19711 South Airport Tal]mantz Aviation Way, Santa Ana, for $657,017.00. This is a sole source purchase because the helicopter has been used as a demonstrator and has a total of approximately 175 air hours. This helicopter will be equipped with a Forward Looking Infra -Red device and .avionics. In addition, the helicopter will be covered with a new helicopter war- ranty from McDonnell Douglas Aircraft, and staff has conducted an.extensive search for a used helicopter and has concluded that this equipment is the best available MOTION that mets the requirements of the City. On motion by Purchase.Approved_ Mayor. Hall.,. seconded by Council Member Wheeler, the pur- chase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hbrnbuckle, Buffa NOES:- COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None Purchase Sole Source Staff recammended purchase of radio equipment from sole Radio Equipment frau source vendor., Motorola, Incorporated, 2080 South Motorola Anaheim Boulevard, No. 204, Anaheim, for $11,627.35. This is a sole source purchase as the radio equipment MOTION must.be campatible with the -existing Orange County Law Purchase Approved Enforcement Frequencies system. On motion by Mayor Hall, seconded by Council Member Wheeler, 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 Director of Public Services requested approval of ASW Engineering Change Order "A" for $10,080.00, to the contract with ASW Engineering Management Consultants, 2512 Chambers HVAC System in Road, Suite 104, Tustin, for additional professional City Hall services for design criteria and contract administration for, replacement of the heating, ventilating and air MOTION conditioning (HVAC) equipment in City Hall. On motion Change'Order by Mayor Hall, seconded by Council Member Wheeler, the Approved change order was approved by the following roll call vote: AYES:. COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Bornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 3 The Director of Public Services requested approval of Blair Paving Change Order No. 3 for $16,059.38 to the contract with Blair Paving, Incorporated, 4055 East LaPalma Avenue, 1.986-87 Street Anaheim, in connection with the 1986-87 Street Main - Maintenance Project tenance Project. The change order is for additional 34 Public Employees' The City .Manager .presented an amendment to the City's Retirement System contract with the Public Employees' Retirement System. On motion by Mayor Hall, seconded by Council Member MOTION Meeler, Resolution 87-73, being A RESOLUTION OF THE Resolution 87-73 CITY COUNCIL OF THE CITY OF COSH MESA AMENDING THE Adopted OCNTRACr BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Master Card The City Manager presented an agreement with Wells Fargo Agreement with Bank 1895 Newport Boulevard, Costa Mesa, for a Master Wells Fargo Bank Card account. On motion by Mayor Hall., seconded by Council Member Wheeler, Resolution 87-74, being A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE EXECUTION OF A MASTERCARD Resolution 87-74 AGREEMENT WITH WELLS FARGO BANK, NATIONAL ASSOCIATION Adopted AND AUTHORIZING LIMITED INDEBTEDNESS THEREOF, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler Hcrnbuckle, Buffa NOES: COUNCIL MEM12ERS: None ABSENT: COUNCIL MEMBERS: None Sale of Property The City Manager recommended authorizing the sale of .591 to Redevelopment acres of -land, located within the.area bordered by Harbor_ Agency Boulevard, Newport•Boulevard,.and 19th Street, to the surveying necessary to correct the grade along the curb and gutter flow. line to maintain .a continuous flow without.ponding. In additions the original contract quantities for sidewalk arra driveway approaches were adjusted to -correct an error in the original quantities. MOTION On motion by Mayor Hall, seconded by Council Member Change Order Meeler, Change.Order No. 3 was approved by the follow - Approved ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order Nos. The Director.of Public Services requested approval of 2 and 4; Partial Charge Order Nos. 2 and 4, for $12,705.50, and Release of. $12,986.37, respectively, to the contract with B-1 Retention Funds Enterprise, Incorporated, Post Office Box 714, Rancho B-1 Enterises Cucamonga, for additional work in connection with 1986- 87 Parkway Maintenance Project. Change Order No. 2 is 1986-87 Parkway for increased sidewalk quantities and related items Maintenance reflecting the replacement of parkway concrete previ- ously installed by individual property owners at various locations throughout the project. Charge Order No. 4 is for increased sidewalk quantities and related work along the eastside of Ludington Street, between Grand Haven and Fayette Circles, and to plant new trees. In addi- tion, the contractor constructed sidewalks along Mendoza Drive and Baker Street. The Director of Public Services also recommended release of 50 percent retention monies in the amount of $11,528.08, since no Stop Notices have been filedand construction work has been completed. MOTION On motion.by Mayor Hall, seconded by Council Member Change Orders Wheeler, the diange orders were approved; and 50 percent Approved; of the retention funds, $11,528.08, %,ere ordered released. Work Accepted 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 Public Employees' The City .Manager .presented an amendment to the City's Retirement System contract with the Public Employees' Retirement System. On motion by Mayor Hall, seconded by Council Member MOTION Meeler, Resolution 87-73, being A RESOLUTION OF THE Resolution 87-73 CITY COUNCIL OF THE CITY OF COSH MESA AMENDING THE Adopted OCNTRACr BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Master Card The City Manager presented an agreement with Wells Fargo Agreement with Bank 1895 Newport Boulevard, Costa Mesa, for a Master Wells Fargo Bank Card account. On motion by Mayor Hall., seconded by Council Member Wheeler, Resolution 87-74, being A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE EXECUTION OF A MASTERCARD Resolution 87-74 AGREEMENT WITH WELLS FARGO BANK, NATIONAL ASSOCIATION Adopted AND AUTHORIZING LIMITED INDEBTEDNESS THEREOF, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler Hcrnbuckle, Buffa NOES: COUNCIL MEM12ERS: None ABSENT: COUNCIL MEMBERS: None Sale of Property The City Manager recommended authorizing the sale of .591 to Redevelopment acres of -land, located within the.area bordered by Harbor_ Agency Boulevard, Newport•Boulevard,.and 19th Street, to the Agreement With The City Manager recommended approval of an agreement Lance, Soll and for auditing services with.Lance, Soll and Lunghard, Lunghard. Certified Public Accountants, 7200 South Greenleaf Avenue, ,Suite 280, Vhittier, in the amounts outlined in Auditing Services the agreement. On motion by Mayor Hall, seconded by Council:Member Wheeler, the agreement was approved, and MOTION the Mayor and Clerk mere authorized to sign on behalf of Agreement Approved 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 Claim Item 6(a) on the.Consent Calendar was presented: Claim Carter/Heumann .from Carol Carter and Gerald Heumann. Council Member Wheeler was of the opinion that the impound amount charged was excessive. Motion to Pay Claim A motion was made by Council Member Wheeler, seconded by Failed to: Carry Mayor Hall, to pay the claim. The motion failed to carry 3 -2, -Council, Members Amburgey, Hornbuckle, Buffa, voting no. MOTION A motion was made by Mayor Hall, seconded by Council Rejected .Claim Member Ibrnbuckle, to reject.the claim from Carol Carter and Gerald Heumann. The motion carried 4-1, Council Member Wheeler voting no. Change Order No.,l Iter 8(d) on the Consent Calendar was presented: -Change Rainey Construction Order No. 1, tothe contract with Rainey Construction Company, Incorporated, 601 West Lambert Road, LaHabra, Donald Dungan in the amount of $47,583.72, for additional work Library required in connection with the construction of the Donald Dungan Library. Council Member Hornbuckle stated that she removed this item from the Consent Calendar because there are 'employees which should be recognized with the completion of the .1 ibrary. MOTION Mayor. to Prepare On motion by Council Member Hornbuckle, seconded by Letter of Council Member. Wheeler, the -Mayor will prepare a letter Commendation commenxiirg Keith Van Holt, Director of Leisure Services; Redevelopment Agency for $272,000.00.. On motion by MOTION Mayor Hall, seconded by Council Member Wheeler, Resolu- Resolution 87-75 tion 87,-75, being A RESOLUTION OF THE CITY COUNCIL OF Adopted THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DE'I'ER- MININ;7 THAT A PORTION CE' PUBLIC PROPERTY NOK DEVOTED TO STREET PURPOSES. IS NOT NEEDED -FCR THAT PUBLIC USE, AND DEVOTING. SUCH PROPERTY TO ANOTHER PUBLIC USE, was adopted by the .following .roll vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nene A'SENT: COUNCIL MEMBERS: None Agreement with The Director of:Finance requested approval of an agree - Vertex Cost Systems ment with Vertex Cost Systems, Incorporated, 42 Trabuco Road, Suite 215, Irvine, for $13,300.00, to update the Update of Cost :Cost`.- Allocation Plan and User Fee Study for the City. Allocation Plan and On motion by Mayor Hall, seconded by Council Member User Fee Study Wheeler, the agreement was approved, and the Mayor was authorized to sign on behalf of the City. The motion MOTION. carried by the.following roll call vote: Agreement Approved A)ES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: _COUNCIL MEMBERS: None ABSENT:. COUNCIL MEMBERS: None Agreement With The City Manager recommended approval of an agreement Lance, Soll and for auditing services with.Lance, Soll and Lunghard, Lunghard. Certified Public Accountants, 7200 South Greenleaf Avenue, ,Suite 280, Vhittier, in the amounts outlined in Auditing Services the agreement. On motion by Mayor Hall, seconded by Council:Member Wheeler, the agreement was approved, and MOTION the Mayor and Clerk mere authorized to sign on behalf of Agreement Approved 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 Claim Item 6(a) on the.Consent Calendar was presented: Claim Carter/Heumann .from Carol Carter and Gerald Heumann. Council Member Wheeler was of the opinion that the impound amount charged was excessive. Motion to Pay Claim A motion was made by Council Member Wheeler, seconded by Failed to: Carry Mayor Hall, to pay the claim. The motion failed to carry 3 -2, -Council, Members Amburgey, Hornbuckle, Buffa, voting no. MOTION A motion was made by Mayor Hall, seconded by Council Rejected .Claim Member Ibrnbuckle, to reject.the claim from Carol Carter and Gerald Heumann. The motion carried 4-1, Council Member Wheeler voting no. Change Order No.,l Iter 8(d) on the Consent Calendar was presented: -Change Rainey Construction Order No. 1, tothe contract with Rainey Construction Company, Incorporated, 601 West Lambert Road, LaHabra, Donald Dungan in the amount of $47,583.72, for additional work Library required in connection with the construction of the Donald Dungan Library. Council Member Hornbuckle stated that she removed this item from the Consent Calendar because there are 'employees which should be recognized with the completion of the .1 ibrary. MOTION Mayor. to Prepare On motion by Council Member Hornbuckle, seconded by Letter of Council Member. Wheeler, the -Mayor will prepare a letter Commendation commenxiirg Keith Van Holt, Director of Leisure Services; 136 Chuck Carr, Recreation Superintendent; and Dave Alkema, Parks Superintendent, for their efforts on this project. The motion carried 5-0. Council Member Buffa mentioned the Eonald Dungan Library was dedicated on Saturday, July 18, and encouraged the residents of Costa Mesa to visit the library at their earliest opportunity. MOTION On motion by Mayor Hall, seconded by Council Member Change Order, Wheeler, Change Order No. 1 to the contract with Rainey Approved Construction Company, Incorporated, was approved by the followirg roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented from the meeting of June 15, 1987, for second reading and adoption, Ordinance 87-14, being Municipal Code AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Round -Up Rule. MESA, CALIFORNIA, AMENDING SECTIONS 13-136(A)(2), in R2, R3 and 13-148(A)(2), AND 13-174(A)92) OF THE COSTA MESA MUNICI- R4 Zones PAL CODE REGARDll 3 ROUNDING -UP RESIDENTIAL DENSITY CALCULATIONS IN R2, R3, AND R4 ZONES. The Director of Development Services summarized previous actions taken, and -said concern was expressed by certain members of the Council and the public, as to whether or not adequate public notice would be realized to surroun- ding property owners if a Zoning Administrator handled the item. He explained, in the Zoning Administrator process, the Code provides noticing to surrounding pro- perty owners, but does not provide for a public hearing. As a canpranise, one alternative suggested by staff, in their memorandum -of July 14, 1987, was the use of the Minor Conditional Use Permit which would be approved by the Zoning Administrator, allowing rounding up to occur and also provide for noticing to surrounding property owners. In conclusion, the Director of Development Services stated if Ordinance 87-14 is adopted, all prior round-up.rules and ordinances in effect at this time would be rescinded. Mark Ybrando, 582 Park Drive, Costa Mesa, asked if the public could appeal if a Zoning Administrator were empowered to approve the requests and the Vice Mayor replied, yes.. Mr.. Ybrando then supported a Zoning Administrator to make the .decision. Sid Soffer, 900 Arbor Street, Costa Mesa, supported the round -up rule for individuals but not for large develop- ments on large parcels of land. Council Member Hornbuckle spoke in favor of deleting rounding -up for all zones but indicated she could accept a canpranise of a Minor Conditional Use Permit. Council Member Wheeler spoke in opposition of the round- up rule., .as being a rule to add increased densities. Vice Mayor Amburgey favored the round -up rule and said if adopted, would be used in special cases where other- wise a General Plan Amendment would be required. MOTION A motion was made by.Mayor Hall, seconded by Council Retain Most Member Buffa, for Ordinance 87-14 to retain the most Recent Round -Up recent round-up.rule ordinance provisions, as identified Rule Ordinance in staff's memorandum of Mare 27, 1987, to be adminis- Provisions tered as a Minor Conditional Use Permit with a Zoning 0 Administrator, for ratification by the City Council being presented on the.Consent Calendar, with normal noticing procedures as would be associated with a Condi- tional Use Permit. The motion carried 3-2, Council Members Wheeler and Hornbuckle voting no. GP -87-2A and.. The Clerk presented for second reading and adoption, R-87-02 Ordinance 87-15, changing the zoning at 817 Victoria Charnpeau/White/ Street, from R1 to R2 in connection with Rezone Petition Skinner R-87-02, Laurence.Champeau and James White, authorized agents for Frank and Jean Skinner. Mark Korando, 582 Park Drive, Costa Mesa, Vice Presi- dent, Board of Directors, Mesa West Homeowners Associa- tion, speaking,on behalf of the association, expressed opposition to the General Plan Amendment and rezone. He said one of the goals of the association is to reduce the nimber'of increased densities in Rl zones in their sphere of influence and this particular rezone is incon- sistent with the General Plan Policy to protect existing stabilized neighborhoods. He said four options were presented by. staff and in the opinion of the board, Option Iib. 2 would. provide for affordable housing units and the law density designation could also be maintained in the area.with a lesser number of family units nega- tively.impacted. Mr. Korando addressed Mayor Hall regarding an alleged statement made by the Mayor on April 23, at a Mesa West Homowners' Association meeting. Mr. Korando said they feel Mayor Hall owes an apology and he stated their opposition to this particular rezone and General Plan Amendment. Roy Pizarek, 270 Del Mar Avenue, Costa Mesa., board .member'of Mesa West Homeowners Association, spoke in opposition cf the rezone and in favor of keeping the area Rl. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested the matter be.voted on by the entire.Mesa West Homeowners Association. He spoke about considering this matter along with planning for the widening of Victoria Street. Larry Campeau, 2925 College Avenue, A-3, Costa Mesa, .developer of the property, mentioned they did not can - bine lots in order to obtain a higher density and that this parcel just happens to be a large residual Rl lot that has no value as an Rl lot. They will dedicate 25 -feet of the frontage to enlarge the existing turn- pocket by 107 -feet and the project has been designed to set off rear and side yards of adjoining properties by 25 feet. Council Member Wheeler expressed his opposition to the rezone.because a higher density development will have adverse effects on the adjacent single family neighbor- hood, and the area .is not capable of handling additional traffic. He also. stated he finds it ironic, at the Council Meeting of July 7, one of the main concerns expressed was that of property owners taking egress and ingress from Victoria Street which allegedly created a dangerous condition,.yet the proposal before Council tonight, would result in even higher density and more autorobiles taking ingress an3.egress. After discussion, staff indicated traffic circulation for this project would be considered along with the widening of Victoria Street. 13'7 Council Member Hornbuckle canmended Mr. Champeau on saving the 40 -year-old trees on the property but indi- cated she is apposed to the rezone because Victoria Street cannot bear additional traffic. Council Member Buffa spoke in support of the rezone and the project which he feels would be an improvement to the area in general. MOTION. A motion was made by Mayor Hall, seconded by Vice Mayor Ordinance 7-15 Amburgey, to adopt Ordinance 87-15, being AN ORDINANCE Adopted OF THE CITY.COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING OF 817 VICTORIA STREET FROM Rl TO R2, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler, Hornbuckle ABSENT: COUNCIL MEMBERS:. None Sister Cities :The Clerk presented a proposal from Jan Kausen, 767 Program Olympic Avenue, Costa Mesa, for. participation in the Sister Cities Program. Vice Mayor Amburgey announced it is Council's desire to hear this item as two issues, -the first being the establi-shment of .a Sister City Program, and the second where the sister city should be. Sister Cities Jan Kausen, 767.01ympic Avenue, Costa Mesa, presented International background.information on how the proposal for Costa Mesa's participation in the Sister Cities Program evolved... She said it is the desire of 28 volunteers to became part of Sister.Cities International, to assist in obtaining a Sister City.for Costa Mesa. She requested Council's approval of.$300.00 to be utilized for membership into the Sister Cities International Program. The Council commended Mrs. Kausen and her staff on their efforts in compiling an excellent report on the Sister City Program. Vice Member Anburgey asked if a committee has been established to staff. the Program to keep it operational should it be. approved and Mrs. Kausen replied yes, there are 28 volunteers. MOTION On motion.by Mayor Hall, seconded by Council Member Membership Funds Buffa,-$300.00 for membership in Sister Cities Interna - Approved tional was approved by the following roll call vote: -AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Council Members Buffa and Hornbuckle recomalended looking at the program after one year. Melitopol Proposed Vice Mayor Amburgey announced the second item, reccmmen- as Sister. City dation from .Mrs. Kausen to . select the Russian City of Melitopol as.a sister city. Jan Kausen said the idea of having the City of Melitopol, in the Soviet.Union, as.a Sister City began when the American Youth.Soceer Organization visited that City. She cammented Soviet cities as sister cities are rela- tively new to the Sister City Program and it can take up to three years to obtain a pairing. She camnented the Sister Cities Committee is,apen to having other cities as a sister city,and this is not exclusively a Soviet Sister City Program but an International Program. Council Member Wheeler asked Mrs. Kausen what she is asking of Council this evening and she replied for the Mayor and City Council'to write a letter supporting having a Soviet city for a Sister City. The process would include, in addition to the proposed letter from Council., support from other organizations in the City as well, with confirmation from her committee that they will work diligently on this project. This information is then sent to Sister Cities International and they, in turn, send the information to the Soviet Ministry in Moscow, giving information about the City of Costa Mesa and letting them know the City is interested in obtain- ing a city of approximately the same population for a sister city. The following people spoke in cpposition to adopting a Soviet city as a sister city: Mrs. Ernie Feeney, 1154 Dorset Lane, Costa Mesa. James Bieber, 9711 Villa Pacific Drive, Huntington Beach, student at Orange Coast College and currently a State.Director for California Young Americans Associa- tion for Freedom (YAAF) . Ken Royal, Post Office Box 5335, Garden Grove, Orange County Chairman for California Young Americans Associa- tion for Freedom. David Balsiger, 2365 Purdue Drive, Costa Mesa, founder and President of RAMBOC (Restore a More Benevolent Order Coalition). Vice Mayor Amburgey referred to Mr. Balsiger's letter of July 17, 1987, stating RAMBOC would donate the $300.00 application fee if Costa Mesa selects a sister city in a noncommunist country and asked if this would bea reoccurring donation. Mr. Balsiger replied it would be for. a period of five years. Ida Williams, 358 Esther Street, Costa Mesa. Tony Mazeika, 26661 Cortina, Mission Viejo, Managing Director of the Baltic American Freedom League. Bryan Ellison, 2655 West Broadway, Anaheim, member of Young Americans for Freedom, the John Birch Society, and founder of the'New Americans Club at the Univers- ity 'of California at Irvine. Sid Soffer, 900 Arbor Street, Costa Mesa. Anthony Bryant, 508 East Holden Drive, San Bernardino. Joe Patty, 2514 North Valley Street, Santa Ana. Barbara levandoski, 359 Walnut Street, Newport Beach. John'Feeney, 1154 Ibrset Lane, Costa Mesa. RECESS Vice Mayor Amburgey declared a recess at 8:30 p.m., and the meeting reconvened at 8:45 p.m. The following people spoke in favor of adopting a Soviet city as.a sister city: Mark.Tygart, 371 LaPerle Lane, Costa Mesa, student at Orange Coast College and President of Viewpoint, a political discussion group. MOTION Proposal to Select Russian City as Sister City Rejected Lucy Marlow, 264 East Bay Street, Costa Mesa. Kathryn Johnson, 2824 San Juan Lane, Costa Mesa. Raul Silva, 12601 Growview Street, Garden Grove, Chairman of Arrericans for Freedom, Incorporated. Eugene Kovalenko, 461 Peralta Avenue, Long Beach, whose father was frau Melitopol. Todd Kausen, 767 Olympic Avenue, Costa Mesa. Paul Ekloff, 204 Dartmouth Place, Costa Mesa. Nick Kovalenko, 369 Avocado Avenue, Costa Mesa. Tim Temple, 1619 Temple Avenue, Costa Mesa, said he wished only to camnent that he has never been a member of a Cammunist organization arra does not intend to defend the Soviet Union but spoke against the spread- ing of hysteria to sway the opinions of others, arra in his opinion canmunism is only a concept. Mayor Hall commented he was pleased this subject came before Council this evening so the people in the canmun- ity had the opportunity to express their beliefs which otherwise might not have becane known. He said he does not support having a sister city in Russia. Council Member Hornbuckle spoke in support of the Sister Cities Program and recommended continuing this matter until a specific city is recanmended by the Sister Cities Program Committee and until such time as addi- tional input is obtained frau the canmunity. Council . Member. Vdheeler spoke , in favor of the Sister City Program with a Soviet city as a step toward world peace and canmented. that a group of Costa Mesa citizens have cane forward to say they will do the work. Council Member Buffa spoke in opposition of supporting bonding with a Soviet city as a sister city because of their government, not because of their people. Vice Mayor Amburgey spoke about Council's desire to expand relations culturally wherever and whenever possible, but since time, manpower, nor funds are avail- able to adopt a sister city in a communist country, he recanmended adopting a city closer to home in a friendly country. A motion was made by Mayor Hall, seconded by Council Member Buffa, to reject the proposal to select a Russian city as a sister city. Council Member Wheeler indicated he would abstain from voting on this motion since he believes it is illegal to take action on it because the agenda states simply "proposal for City participation in the Sister City Program," and the public was not properly noticed. In reply to a question posed by Mayor Hall, Mrs. Kausen indicated this item first carne before Council in April, 1987. Mayor Hall stated this item has been discussed at a study session and then brought forth to Council. Council Member Hornbuckle stated she will be abstaining from the motion because she does not feel it is a proper motion. 141 Phil Marx, 854 Darrell Street, Costa Mesa, recammended action on this item be taken soon.since he has noticed construction taking place in,,the area which could affect amarina. .MOTION A motion was made by Mayor Hall, seconded by Council Continued .'to Member .Buffa, directing staff to prepare a report after .August 3, 1987 investigating the present status of wetland allocations in the marina area, and continuing this item until the meeting ,:of August 3, 1987.. The motion carried 5-0. Council Advisory The -Clerk presented the agenda.item for the establishment Program of a:Council Advisory Program. MOTION Mayor Hall presented.an overview of the proposed program, Council Advisory and after dicussion made a motion, seconded by Council Program Members Member Wheeler., to appoint the following people to the - Appointed Council Advisory Program: Carl-Bureman, Veterans Affairs;, Karl Kemp, Resource.Recovery; Jan Kausen, Sister.City Program.Coordinator; and, others as need arises.. The.motion carried -5-0. Council Member Hornbuckle asked what method of reporting would be utilized and Mayor Hall replied that the method of reportirg along. with guidelines, would have to be established. He recommended bringing this back to Council at a'later'date as a preposal to be re-examined. Motion Made to A motion was made. by Mayor -Hall, seconded by Vice Mayor Appoint Goodwill-Amburgey, to.appoint Linda Santo as Cbodwill Ambassador Ambassador. to the Council Advisory Program. Council Member Hornbuckle expressed opposition to this appointment and comtmnted:•since it was not on the agenda it was not. proper and did not give members of the can- munity an,cpportunity to express their views. She referred to Miss Santo's letter to Council as appearing to be directed to financial support for her entry fee into the.Miss California/USA Beauty Pageant. SUBSTITUTE MOTION A substitute motion was made by Council Member Buffa, Continued to seconded.by-Mayor Hall,.continuing consideration of Miss August 3, 1987 Santo. to the Council Advisory Program to August 3, 1987. The motion.carried 4-1, Vice Mayor Amburgey voting no. The motion -carried 3-0, Council Members Wheeler and Fbrnbuckle abstaining. Substitute Motion A substitute motion was made by Council Member Buffa, -Direct.Ccmni.ttee: seconded by Mayor Hall, directing the Sister Cities to MakeiRecanmen- Program Committee to.make recommendations to be brought dations Failed back'to Council at their earliest convenience, as to how to Carry_ the community will be canvassed for opinions, ideas, and suggestions for a specif is sister city with the exclu- sion of the Soviet Union, the eastern block nations, Warsaw Pack nations, and Cuba. . Council Member Hornbuckle stated she will be voting against the.motion because she feels the need to keep an cpen mind, to address all possibilities, and avoid kneejerk reactions to people wbD come to speak before Council.. The motion failed, -;to carry 3-2, Council Members Amburgey, Wheeler and fbrnbuckle voting no. Marina. Committee., ,The Clerk presented the agenda item for the establishment of a Marina Cammittee. Phil Marx, 854 Darrell Street, Costa Mesa, recammended action on this item be taken soon.since he has noticed construction taking place in,,the area which could affect amarina. .MOTION A motion was made by Mayor Hall, seconded by Council Continued .'to Member .Buffa, directing staff to prepare a report after .August 3, 1987 investigating the present status of wetland allocations in the marina area, and continuing this item until the meeting ,:of August 3, 1987.. The motion carried 5-0. Council Advisory The -Clerk presented the agenda.item for the establishment Program of a:Council Advisory Program. MOTION Mayor Hall presented.an overview of the proposed program, Council Advisory and after dicussion made a motion, seconded by Council Program Members Member Wheeler., to appoint the following people to the - Appointed Council Advisory Program: Carl-Bureman, Veterans Affairs;, Karl Kemp, Resource.Recovery; Jan Kausen, Sister.City Program.Coordinator; and, others as need arises.. The.motion carried -5-0. Council Member Hornbuckle asked what method of reporting would be utilized and Mayor Hall replied that the method of reportirg along. with guidelines, would have to be established. He recommended bringing this back to Council at a'later'date as a preposal to be re-examined. Motion Made to A motion was made. by Mayor -Hall, seconded by Vice Mayor Appoint Goodwill-Amburgey, to.appoint Linda Santo as Cbodwill Ambassador Ambassador. to the Council Advisory Program. Council Member Hornbuckle expressed opposition to this appointment and comtmnted:•since it was not on the agenda it was not. proper and did not give members of the can- munity an,cpportunity to express their views. She referred to Miss Santo's letter to Council as appearing to be directed to financial support for her entry fee into the.Miss California/USA Beauty Pageant. SUBSTITUTE MOTION A substitute motion was made by Council Member Buffa, Continued to seconded.by-Mayor Hall,.continuing consideration of Miss August 3, 1987 Santo. to the Council Advisory Program to August 3, 1987. The motion.carried 4-1, Vice Mayor Amburgey voting no. FM Japan Karate The Clerk presented a request from Japan Karate Federa- Federation Junior tion Junior National Team 1987 for funds in the amount National Team of $1,500.00 to attend National Championships of AAU Request for Funds Karate in Chicago on July 17-19, 1987, and the USA Karate Federation National Championships in Columbus, Ohio, August 14-16, 1987. Roy Center, 2650 Fairview Road, Costa Mesa, stated the initial application requested $1,500.00, but since the costs are higher than originally anticipated, he is requesting that an amount of $2,200.00 be considered which would cover approximately 10 percent of the actual costs. He reported the team received seven gold medals, three silver, three bronze, and four or five honorable mentions during their recent competition in Chicago. Mayor Hall cannmended Jackie Long and the karate organi- zation for the excellent job they have done, for their superior reports to Council, and the outstanding job in training children in the community. A motion was made by Mayor Hall to approve an allocation of $2,200.00. The motion died for lack of a second. MOTION A motion was made by Council Member Buffa, seconded by Funds Approved Council Member Vbeeler, to approve an allocation of $1,500.00 to the Japan Karate Federation. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, feeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None. ABSENT: COUNCIL MEMBERS: None WARRANTS On motion by Mayor Hall, seconded by Vice Mayor Amburgey, Warrant Resolution 1364, including Payroll 8714, was MOTION approved by the, following roll call vote: Warrant 1364 AYES: COUNCIL MEMBERS: Hall, Amburgey, Vheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Nine CITY ATTORNEY The City Attorney presented a proposal for a one-year REPORTS contract renewal,with Carl Warren and Company, 1801-E Parkcourt Place, No. 208, Santa Ana, for claims adminis- Contract Renewal/ tration. He recanmennded approval of the contract with Carl Warren and amendments as outlined in staff's memorandum of July 15, Company 1987. In reply to Council Member Buffa recommending further solicitation, the City Manager stated a Risk Management Program will be implemented, as approved under the current budget, arra one of their functions will be to analyze and make recannendations on claims processing as well as all other aspects of risk management functions. The Vice Mayor asked if there is a cancellation clause in the proposed agreement to vh ich the City Attorney replied that there is such a clause. MOTION A motion was made. by Council Member Hornbuckle, seconded Contract Renewal by Council Member Buffa, to approve renewal of the Approved contract, as amended, with Carl Warren arra Company and to authorize the. City Attorney to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Uieeler, Hornbuckle, Buffa NOES COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 CITY MANAGER The City Manager: presented. the proposed Memorandum of REPOR'T'S Understanding between representatives of the City of Costa Mesa and the Costa Mesa Police Association. He Memorandum.of .commended the City Council as well as the Police Asso- Understanding/ ciation for their efforts`and recognized the following Costa Mesa..Pblice people as having been instrumental to the successful Association negotiations: Dennis Cost, Police Sergeant and Presi- 'dent of the Costa Mesa Police Association; Jerry Holloway, Police;Officer.and principal negotiator for the Police Officers;. Bob. Oman, Director of Finance; Tom -Wood, City'Attorney; and Tom tazar, Police Captain. Sid Soffer, 900.Arbor Street,'ccmplimented all those participating in the meet and confer process. Council'Member Buffs recognized members of Residents Against Traffic and Stress (RATS) -who were present in the audience and.said.he has met with this organization whose members are very concerned about the traffic .problems in this Brea. Rea -requested staff do whatever possible to expedite a response from a consultant on this study. The Director of Public Services indicated, since this will. be 'one component to.a very large study area, it Will' take some time to complete. At the request of Council Member Buffa, the Director of Public Services indicated additional speed limit signage on Country'Club Drive, between Mesa Verde Drive and Gisler Avenue, will be installed; and the City Manager indicated additional Police enforcement will be assigned to the area for the next few weeks. Council.re'quested staff to'have traffic counts taken before the 'start of the fall school semester. RECESS Vice Mayor Amburgey declared a recess at 10:45 p.m., and the meting reconvened at 11:00 p.m. NEW BUSINESS, Vice Mayor Amburgey.suggested'that New Business Item No. 2 be heard at this time because of the young person in attendance concerning this matter. Council Member Hornbuckle.canmended the City Manager for setting 'the tone this, past year for these negotiations. MOTION 'A motion was made"'by Council Member Hornbuckle, seconded Memorandum of by Council Member Wheeler, to approve the Memorandum of Understanding. Understanding with the Costa Mesa Police Association and Approved: Resolution 87-76, being A RESOLUTION CF THE CITY COUNCIL Resolution 87-76 OF THE. CITY CF COSTA MESA, - CALIFORNIA, ESTABLISHING Adopted RATES.CF PAY FOR CLASSIFICATIONS AND EMPLOYEES PLACED .UNIER'THE BASIC PAY SCHEDULE, was .adopted by the follow- ing roll call vote: AYES.: COUNCIL MEMBERS: Hall, Amburgey, feeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Traffic Levels on The City Manager referred'to action taken at the Council Country.Club Drive meeting of July 6, 1987, referring concerns about traffic levels and speed on Country Club Drive to the Traffic Commission. and said the residents will be. noticed when it, will come before ' the Traffic Commission. He:'then'presented an up -date of what has been accom-. plished on this item since the last Council meeting and stated staff has - initiated studies of the area. He requested Council considar'including Country Club Drive as a canponent of a current study already authorized for work on a Newport Boulevard frontage road two-way opera- tion'for which . funds- would be 'available. Council'Member Buffs recognized members of Residents Against Traffic and Stress (RATS) -who were present in the audience and.said.he has met with this organization whose members are very concerned about the traffic .problems in this Brea. Rea -requested staff do whatever possible to expedite a response from a consultant on this study. The Director of Public Services indicated, since this will. be 'one component to.a very large study area, it Will' take some time to complete. At the request of Council Member Buffa, the Director of Public Services indicated additional speed limit signage on Country'Club Drive, between Mesa Verde Drive and Gisler Avenue, will be installed; and the City Manager indicated additional Police enforcement will be assigned to the area for the next few weeks. Council.re'quested staff to'have traffic counts taken before the 'start of the fall school semester. RECESS Vice Mayor Amburgey declared a recess at 10:45 p.m., and the meting reconvened at 11:00 p.m. NEW BUSINESS, Vice Mayor Amburgey.suggested'that New Business Item No. 2 be heard at this time because of the young person in attendance concerning this matter. Youth Ambassador The Clerk presented Itan No. 2 under New Business: to Soviet .Union Request from Chad Von Datte, to participate as a Youth Ambassador to the Soviet Union August 2-16, 1987. Denise Davis, 253 Flower Street, Costa Mesa, mother of Chad Von Dette, explained the Youth Ambassador Program and stated 41 children are signed -up to go to the Soviet Union as Youth Ambassadors with present funding for 37 children. She indicated if Council elects to approve an amount over that requested for Chad it would help to fund the other children in the program. Council Member Buffa asked how much Chad has raised thus far and Mrs. Davis replied $1,000.00 out of $2,400.00 needed for him to participate. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his feeling that speaking to the canmon people in Russia cannot change the Soviet Government. MOTION A notion was made by Council Member Hornbuckle, seconded Funds Approved by Council Member Wheeler, to donate $350.00 to Chad Van Dette to participate in the program as Youth Ambas- sador to the Soviet Peace Academy. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Amburgey ASSENT: COUNCIL MEMBERS: None Council Member Buffa commended Chad on an extremely'well prepared letter to Council and recommended increasing the amount to be donated. Vice Mayor Amburgey spoke in opposition to funding any single person for this type of project. Council Member Wheeler spoke about weighing a project such as this for its benefit and costs to the people of Costa Mesa and was in favor of a larger contribution. MOTION A motion was made by Council Member Buffa, seconded by Additional Funds Council Member Wheeler, to grant additional funds, Approved in the amount of $400.00, to Chad Van Dette for his participation as Youth Ambassador to the Soviet Peace Academy. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Wheeler, Buffa NOES: COUNCIL MEMBERS: Amburgey, Hornbuckle ABSENT: COUNCIL MEMBERS: None Chad Van Datte, 12 -years old, thanked the Council for the money to be used for expenses toward his trip to Russia. PUBLIC HEARING The Clerk announced the public hearing continued from Appeal of PA -87-80 the meting of July 6, 1987, appealing the Planning and RA -87-07 Canmission's denial of Planning Action PA -87-80, Redeve- lopment Action RA -87-07, from Frank L. Flores, Costa Mesa Dental Properties, Incorporated, 1879 Newport Boulevard, Costa Mesa, for variances from front setback and parking requirements to allow an addition of approx- imately 788 square feet to an existing canme-rcial build- ing (Dental Plaza), and a Redevelopment Agency review for property located at that address, in an C2 zone. Environmental Determination: Exempt. The Development Services Director stated Planning Action PA -87-80 was denied by the Planning Commission and Dr. Flores subsequently appealed that action. In the interim 1 11 L -1 1 I. MOTION PA -87-80. and RA -87-0 7: Approved.with Modifications ; the. Redevelopment_ Agency approved the sane project under RA -87-07. He then summarized the application. Dr. Jerry Mc Clellan, 1879 Newport Boulevard, Costa Mesa, said the item.was discussed at a meeting of the Redevelopment Agency and if there were any other ques- tions he would be happy to answer them. There being no.other speakers, the Vice Mayor closed the public hearing. A motion was.made by:Mayor Hall, seconded by Council Member Fbrnbuckle,. approving Planning Action PA -87-80 and. ratifying RA -87-07, based on the recanmendations of the Redeveloprrent.Agency with the following findings: .that the proposal, with modifications, is canpatible with:.the Redevelopment.Agency's Plan arra Design Guide- lines; the proposed addition will not create additional traffic. or - additional employment at the project; the proposed addition is_fior the convenience .of the opera- tors at that -location; and is subject to all conditions with ,the following modifications to Condition No. 1: A minimum of three feet of front landscaped setback shall be provided. in front of the . building and the parking spaces, as approved by the Redevelopment Agency, and the additional words..."It shall be required that the drive- way be marked.to prohibit exit to the frontage road" be added as imposed by=the Redevelopment Agency.. Council Member Wheeler stated he will be voting against this motion for the following reasons: In his opinion there.are.no grounds for a variance; it would create additional traffic; there are no grounds for a parking variance; and this project is located in the redevelop- ment area known as the Triangle which the City has been considering purchasing. Council Member Hornbuckle noted an additional finding that this is:a minor expansion of an existing use and in addition, a parking deficiency does not exist now. Council Member Wheeler requested that the record reflect his opinion . that adding approximately 780 square feet to 1,100 square feet would increase the floor space by about 65 percent. Mayor Hall asked Dr. McClellan if he was aware that there are long-range plans proposed for this portion of land by 'the Redevelopment. Agency which may have some affect.on his -property and Dr. McClellan responded, "absolutely". The motion carried 4-1, Council Member Wheeler voting no. Appeal of The Clerk announced the public hearing to consider an PA -87-100 appeal cf the Planning Commission's denial of Planning Bakhshi Action PA -87 100 fran Roberta Bakhshi, 1540 Superior Avenue, Costa Mesa, autborized:agent for Douglas R. Hurlbert, 102 Scholz Plaza, Suite 228, Newport Beach, fora Conditional. Use Penuit for retail sales of cars in an existing industrial building, and for outside display -of vehicles, located at 1540 Superior Avenue in an MG zone. The. Affidavit of Mailing is on file in the Clerk's office. No canmunications_ were received. The Director of Development Services presented .slides and outlined staff's recanmendations stating the date of January 15, 1987, indicated under Background on Page 1 of staff's report should read June 15, 1987. , Roberta Bakhshi, 1540 Superior Avenue, Costa Mesa, showed pictures of other retail autormbile sales prop- erties arra industrial use businesses which, in her opinion, create more traffic problems than her business. She said she has complied with what she understood to be the Planning Commission's recommendations and is willing to conply with any others imposed. She indicated the majority of their trade is after normal working hours or on .weekends, causing less traffic problems than many other industrial use businesses. After discussion on traffic patterns and circulation, Council.Member Wheeler asked vhat type of customer and employee parking would be required for this operation and the Director of Development Services replied that Condition of Approval No. 1 requires five on-site park- ing spaces for customr or employee use only. Mrs. Bakhshi indicated she subleases a portion of the building to a subtenant which does auto repairs on cars, J. S. German Auto. The Development Services Director stated if there is a subtenant which is not part of this application it would require a separate Conditional Use Permit to be brought before Council at a later date. Ali Roushan, 1550 Superior Avenue, Costa Mesa, owner of property next door, expressed problems with neighboring property owners' customers and employees parking on his property. Mrs. Bakhshi indicated, Anenever possible, she is preventing her employees, salesmen and customers from parking on Mr. Roushan's property and is presently negotiating with Mr. Roushan to rent part of his space for parking purposes. The being no other speakers, Vice Mayor Anburgey closed the public hearing. ' Motion to Approve A motion was made by Mayor Hall, seconded by Vice Mayor Failed to Carry Amburgey, to approve Planning Action PA -87-100 with conditions as accepted by applicant to meet parking requirements, and that an identical use was previously approved for the general area, the area appears to support this general class of auto sales, and subject to all Conditions of Approval with the modification of Condition No. 6, that the approval be for a period of six months rather than one year. Council Members Wheeler and Ebrnbuckle voiced their objections to approving a Conditional Use Permit on the basis that others in the area %ere approved if, as indicated, problems are occurring with those approved. Vice Mayor Amburgey indicated each of the requests have been coning in separately, causing decisions being made based on unrealistic facts, and he will not support this particular project. The motion failed to carry 4-1,. Council Members Amburgey, Wheeler, Hornbuckle, and Buffa voting no. MOTION A motion was made by Council Member Buffa, seconded by PA -87-100 Council Member Wheeler, denying Planning Action Denied PA -37-100 and directing applicant to vacate the premises within 120 days. The motion carried 4-1, Mayor Hall voting no. NEW BUSINESS Task Force Proposal The Clerk presented a proposal for a Shalimar Drive Task on Shalimar Drive Force. F__, f"147, The'City Manager stated this.was brought before Council at the last study session and indicated it is one of the objectives established by Council at their annual goal setting meetings.- He then summarized recommended actions outlined in his memorandum of July 13, 1987. MOTION On motion by -Mayor Hall, seconded by Council Member Established Pro- Hornbuckle, a pro -active program was established for the Active Program restoration of housing on Shalimar Drive and establish - and Task Force ing a Task Force consisting of Council Members Amburgey Appointed. and Wheeler, along with representatives from the Fire, Police, and Development Services Departments, Redevelop- ment"Agency, and Orange County Health Officer, to meet with the property owners. The motion carried 5-0. General Plan The Clerk announced the General Plan Review Program. .Review Program The Development Services Director said based upon discussions at the Council study session of June 16, 1987, staff hasprepared recanmendations outlined in a memorandum of,July 14, 1987. MOTION A motion was made by Mayor Hall, seconded by Council Program Approved -Member Hornbuckle, to approve the General Plan Review with Addition Program as outlined in staff's memorandum of July 14, 1987, with the addition of including a representative froom the Redevelopment Advisory Committee to the General Plan Steering Ccmmi.ttee. The motion carried 5-0. Council Members Hornbuckle and Wheeler thanked staff for the excellent job in -preparing -their recanmendations. COUNCILMANIC Council Member Huffa spoke about having a City Hall COMMENTS Program for the Cable Television System to be utilized as an'educational device for the community. After Cable TV/dity discussion, it was decided to bring this item before a Hall Program Council study session. Cultural Arts Council Member Wheeler stated the Cultural Arts Commit Committee . tee will be forwarding a recommendation to Council Senior Corporation regarding terms of office and the decision as to which Donation members will serve the various terms of office will be decided among the canmittee. Art in, Pub 1ic Council Member Wheeler requested Council's comments on Places the report "Art in Public Places" which summarizes the ordinance currently existing in -the County of Orange regarding that subject., The Cultural Arts Committee is currently investigating the ordinance and will bring their recanmendations before Council. Truck Routes Council Member Hornbuckle presented a photograph of Mesa Verde Drive at Clubhouse Road given to her by a resident of Clubhouse Road. The photograph.showed a large truck carrying automobiles with an overturned car which had fallen off the truck. The resident requested something be done about truck routes. Council Member Hornbuckle requested that the 'Traffic Commission examine truck routes and truck parking in the City and to bring their recammendations before Council. The Director of Public Services responded that on the Master Plan of Highways the arterial highway system is set up to handle trucks and Mesa Verde Drive is considered an arterial highway, and Country Club Drive is considered a commuter highway, which allows for trucks unless posted otherwise. Nonprofit Council Member Hornbuckle reported that the Board of Senior Corporation Directors for the nonprofit senior corporation received Donation their first donation of private funds today from Valerie Torelli Realty, in the amount of $400.00. Fireworks/Bingo Council Member Hornbuckle canmented Council has received a report from the Grand Jury regarding fireworks and requested this item be put on the agenda for a future study session. Vice Mayor Amburgey requested the topic of bingo -be placed on the sane study session agenda. Orange County In response to a question posed by Mayor Hall, the City Council of Manager.reported on the Orange County Council of Govern - Governments ments item discussed at the last Inter -City Liason Canmittee meeting. Door-To-ibor Vice Mayor Amburgey read from a prepared statement Canvassing regarding canvassing done by Council Members Hall, Buffa, and .himself, who went door-to-door on a Sunday to personally make sure the people got accurate infornna- tion straight from the source. The next Sunday, Vice Mayor Amburgey saw an article in a local newspaper which stated he could have violated the State Law. He said one of the main purposes of the Brown Act is to make sure that the working of Government is open to those affected. Vice Mayor Amburgey stated what bothered him was the pettiness of the article, a mean spirited attempt to find fault and create controversy, which left the impression that they had been up to something that was not right. He concluded by saying he is pleased they went door-to-door and stated whenever passible the entire Council should do so. Council Member Wheeler stated no violation of the Brown Act is trivial and going door-to-door was not a viola- tion. .The violation cf the Brown Act was allegedly the private discussion which occured between three Council Members before the vote at a Council meeting. ADJOURNMENT The Vice Mayor adjourned the etin at 12: 5 i Mayor of the City of Costa Mesa ATTEST: City Clerk o£ the City of Costa Me 1