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HomeMy WebLinkAbout08/17/1987 - City CouncilROLL CALL MINUTES August 3, and August 6, 1987 OMINANCES RMULAR MEETING CF THE CITY COUNCIL CITY CF OOSTA MESA AUGUST 17, 1987 The City Council of the City of Ccsta Mesa, California, met in regular session August 17, 1987, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag and Invocation by Father Denis Lyons, St. John the Baptist Catholic Church. Council Members Present: Council Members Absent: Hall, Amburgey, lobeeler, Hornbuckle, Buffa None Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk On motion by Council Member Hornbuckle, seconded by Vice Mayor Pmburgey, and carried 5-0, the minutes of the regular meeting of August 3, 1987, and the adjourned meeting of August 6, 1987, were approved. A motion was made by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, to read all ordinances by title only. PRESRSTATION The Mayor announced a special canbined presentation by "Classtime" by the Costa Mesa Chamber of Camrmrce Arts on the Green Ballet Montmartre Cammittee and the Ballet Montmartre and requested the three Leadership Chairpersons for Arts on the Green come forward: Diane Pritchett, Kathy Godwin, and Toren Segerstrom; also, the President of the Chamber, Mark Letter. "Classtime" was performed by The Ballet Montmartre, one of the many participants in the Arts on the Green Organ- ization. The dancers were Shauna Bradford, Diana Finn, Margy Frankenberger, Melissa Herrera, Lauren Karg, Rachel Love, Karen Salisbury, and Heather Straman with choreography by the performing dancers. Arts on the Green Mayor Hall presented Diane Pritchett with a facsimile Contribution cf a City check in the amount of $20,000.00 which repre- sents the City's contribution to the Arts on the Green Program and Ms. Pritchett, on behalf of the Chamber of Cammerce Arts Canmittee, thanked Council for their support. Mark Letter, speaking on behalf of the Chamber of Cannorce, thanked Council for the City's participation in this annual event and invited the citizens to attend the Arts on the Green events. Council Member Buffa described Costa Mesa's tribute to the Constitution's 200th Birthday Celebration which will take place in 'Town Center on the evening of September 20, 1987. This kick-off celebration will include an informational presentation on the Constitution high- lighted by a laser show. All of the buildings in Town Center will be transformed into giant screens where the story of the Constitution of the United States will be presented. Mt Samking Merrill J. Matchett, 1634 Jeffrey Drive, Anaheim, Direc- Ordinance for of the Orange County Affiliate of Americans for Non - Scheduled for Sirokers Rights, introduced himself. Council Member Study Session Hornbuckle indicated this item will be discussed at a future study session and staff will contact him when it is scheduled. Norman Snow, 2746 San Juan Lane, Costa Mesa, expressed his desire for the City of Costa Mesa to initiate a strong smoking ordinance. When this item is scheduled for a study session Messrs. Matchett and Snow will be notified by staff. CONSENT CALENrAR The following item was removed fram the Consent Calen- dar: Item No. 7, Notice of Completion/Stabilization of the Southeast Slope of Fairview Road at the 405 Freeway. On motion by Vice Mayor Amburgey, seconded by Council Member Ibrnbuckle, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: OOUNCIL MEMBERS: Hall, Amburgey, Theeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Vice Mayor Amburgey, seconded by Council Member Hornbuckle, and carried 5-0, the following Read- ing Folder items were received and processed: Claims Claims received by the City Clerk: Application for Leave to Present a Late Claim frau R. Richard Farnell Council Member Wheeler thanked the Chamber of Commerce for their leadership role in bringing the Arts on the Green to fruition, serving the needs of the entire community, and providing a showcase for the many diverse and talented arts organizations of the city. Mayor Hall thanked everyone involved for attending the meeting. Both of the above dents will be free of charge on September 20, 1987, and all citizens were encouraged to attend. ORAL COMMUNICATIONS Mayor Hall introduced Trudy Ohlig, 3080 Johnson Avenue, Costa Mesa, the City Council's Advisory Committee repre- Southern California sentative to the Southern California Water Agency, who Water Agency reported on the recent State Water Resource Board hearings. Mayor Hall thanked Mrs. Ohlig for her presentation and asked that she continue to keep Council advised of information pertaining to the City of Costa Mesa rela- tive to the Southern California Water Agency. Mobile Home Don Hunter, 1666 Newport Boulevard, Costa Mesa, spoke as Residents an advocate for mobile hoe residents and in support of their rights which, in his opinion, should have the support of Council. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about Council's jurisdiction regarding mobile home parks. Cable TV Mark Korando, 582 Park Drive, Costa Mesa, asked when Cable TV will be installed in the Council Chambers and the City Manager responded it should be installed before the end of October, 1987. Samking Merrill J. Matchett, 1634 Jeffrey Drive, Anaheim, Direc- Ordinance for of the Orange County Affiliate of Americans for Non - Scheduled for Sirokers Rights, introduced himself. Council Member Study Session Hornbuckle indicated this item will be discussed at a future study session and staff will contact him when it is scheduled. Norman Snow, 2746 San Juan Lane, Costa Mesa, expressed his desire for the City of Costa Mesa to initiate a strong smoking ordinance. When this item is scheduled for a study session Messrs. Matchett and Snow will be notified by staff. CONSENT CALENrAR The following item was removed fram the Consent Calen- dar: Item No. 7, Notice of Completion/Stabilization of the Southeast Slope of Fairview Road at the 405 Freeway. On motion by Vice Mayor Amburgey, seconded by Council Member Ibrnbuckle, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: OOUNCIL MEMBERS: Hall, Amburgey, Theeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Vice Mayor Amburgey, seconded by Council Member Hornbuckle, and carried 5-0, the following Read- ing Folder items were received and processed: Claims Claims received by the City Clerk: Application for Leave to Present a Late Claim frau R. Richard Farnell :177 on behalf of Dorothy M. Ketchum; Nationwide Insurance Company on behalf of Kalyn R. Richardson; Pacific Bell; Law Offices of Theodore S. Wentworth on behalf of Penny La Rue; and Robert E. Perkins, Jr. on behalf of Detrick Porter. No -Smoking Request from David B. McCoy to adopt a no -smoking Ordinance ordinance for the City of Costa Mesa and businesses within the city limits. Local Agency Utter of notification frcn Local Agency Formation Formation Commission on proposed Annexation Nos. 226, 227, and Commission 228 to Costa Mesa Sanitary District. Home Ranch Letter from Doug Benesch, 231 24th Place, Costa Mesa, opposing further development in the Segerstrcm Home Ranch site. Planning and Statement received frcm Lois M. Bennett, Costa Mesa, Development advocating that the City revise the present environ- mental review process so that true impacts are disclosed and that a moritorium on development be adopted until the General Plan and zoning ordinances are revised. ADMINISTRATIVE ACTIONS Bids received for Bid Itch 770, Removal of Parkway 'frees, are on file in the Clerk's off ice . On motion Bid 770 by Vice Mayor Amburgey, seconded by Council Member Removal of Hornbuckle, the contract was awarded to Leonard Chaidez Parkway Trees Tree Service, 721 North Morse Drive, Santa Ana, for $28,450.00. The motion carried by the following roll call vote: MOTION AWES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Awarded to Hornbuckle, Buffa Leonard Chaidez NOES: COUNCIL MEMBERS: None Tree Service ABSENT: COUNCIL MEMBERS: None Purchase of Dog The Purchasing Agent requested authorization to purchase and Training a Dog and Training Services for the Police Department Services for from Adlerhorst International, Incorporated, 3951 Vernon Police Department Avenue, Riverside, in the amount of $6,750.00. On motion by Vice Mayor Amburgey, seconded by Council MOTION Member Hbrnbuckle, the purchase was approved by the Purchase frcm following roll call vote: Adlerhorst AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, International Hornbuckle, Buffa Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 775 The bids received for Bid Item 775, Seven Motorcycles Seven Motorcycles for Traffic Enforcement, are on file in the Clerk's off ice . On motion by Vice Mayor Amburgey, seconded by MOTION Council Member Hornbuckle, the contract was awarded to Awarded to Champion Motorcycles, Incorported, 1590 Newport Boule- Champion vard, Costa Mesa, in the amount of $41,967.15. The Motorcycles motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 777 Bids received for Bid Item 777, Sprinkler Supplies, are Sprinkler Supplies on file in the Clerk's office. On motion by Vice Mayor Amburgey, seconded -by Council Member Hornbuckle, the MOTION contract was awarded to Marsan Turf and Irrigation, Awarded to Marsan Inccporated, 153 East Arrow Highway, San Dimas, in the Turf and Irrigation amount of $41,967.15. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of The Police Chief recommended purchase of a Physical Physical Fitness Fitness Program for the Police Department from Pulse Program, Police Assessment Center, Crawford Hall/University of Cali - Department fornia, Irvine, in the amount of $26,980.00. On motion by Vice Mayor Amburgey, seconded by Council Member MOTION Hornbuckle, the purchase was approved by the following Purchase Approved roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 4 The Director of Leisure Services requested approval of Zagros Company Charge Order No. 4 for $7,200.00, to the contract with Zagros Company, 30 Wintersweet Way, Irvine, for addi- Rea Canmunity Center tional work required in connection with Rea Canmunity Improvements Center Improvements. On motion by Vice Mayor Amburgey, seconded by Council Member Hornbuckle, the change order MOTION was approved by the following roll call vote: Change Order AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "A" The Director of Public Services requested approval of LSA and Associates Change Order "A" for $9,000.00, to the contract with LSA and Associates, 1 Park Plaza, Suite 500, Irvine, for Widening the continuation of project management and assistance Fairview Road services for widening the Fairview Road overcrossing. Overcrossing On motion by Vice Mayor Amburgey, seconded by Council Member Hornbuckle, the change order was approved by the MOTION following roll call vote: Charge Order AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Orders "B" The Director of Public Services requested approval of and "C" Change Orders "B", $2,620.00, and "C", $1,260.00, to the RMG Engineering contract with FMG Engineering, 17961 Cowan, Irvine, for additional professional services in connection with the Design of Del Mar Design of Eel Mar Avenue Widening from Newport Boulevard Avenue Widening to Elden Avenue. On motion by Vice Mayor Amburgey, seconded by Council Member Hornbuckle, the change orders MOTION uere approved by the following roll call vote: Charge Orders AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Ibrnbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Vista Park Slope The restrocn portion for Vista Park Slope Renovation and Renovation and Restroan Replacement has been completed by Hondo Company, Restroom Replace- 1201 East Hunter Avenue, Santa Ana. On motion by Vice ment by Hondo Mayor Amburgey, seconded by Council Member Hornbuckle, Company authorization was given to release 50 percent of the retention funds in the amount of $5,773.17. The motion MOTION carried by the following roll call vote: Partial Retention AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Funds Ordered Hornbuckle, Buffa Released NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Vice Mayor Amburgey, seconded by Council No. 88-10 Member Kornbuckle, Budget Adjustment No. 88-10 for Golf Course $36,000.00, for design arra construction of improvements on Mesa Linda Golf Course, was approved by the following MOTION roll call vote: Adjustment AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Vice Mayor Amburgey, seconded by Council No. 88-07 Member lbrnbuckle, Budget Adjustment No. 88-07 for Police Helicopter $150,000.00, for down payment on a helicopter, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Adjustment Hornbuckle, Buffa Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Priority Trans- On motion by Vice Mayor Anburgey, seconded by Council portation Projects Member Hornbuckle, and carried 5-0, the list of priority transportation projects as requested by the Orange MOTION County Division, League of California Cities, Transpor- List Approved tation Super Canmittee, dated July 27, 1987, as amended, was approved. Agreement with Staff requested approval of a Conditional Reimbursement Segerstrcm Agreement with C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, for design improvements of the I-405 I-405 Freeway/ Freeway/Hyland on-ramp. On motion by Vice Mayor Hyland Improvements Amburgey, seconded by Council Member Hornbuckle, the agreement was approved, and the Mayor and Clerk were MOTION authorized to sign on behalf of the City. The motion Agreement Approved carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Staff requested approval of an agreement with California California Civil Civil, Incorporated, 3190-J Airport Loop Drive, Costa Incorporated Mesa, in the amount of $19,150.00, for the design of street and storm drain improvements at 17th Street and Street and Storm Porona Avenue. On motion by Vice Mayor Amburgey, Drain Improvements seconded by Council Member Hornbuckle, the agreement 17th Street/Pomona was approved, and the Mayor and Clerk were authorized to Avenue sign on behalf of the City. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Agreement Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Tax Rate/1974 Open On motion by Vice Mayor Amburgey, seconded by Council Space Bond Issue Member Hornbuckle, Resolution 87-88, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- MOTION FORNIA, FIXING THE TAX RATE PER CENTUM AND LEVYING A TAX Resolution 87-88 UPON ALL CF THE TAXABLE PROPERTY WITHIN THE CITY OF Adopted OOSTA MESA MICH IS TAXABLE TO MEET THE CITY'S OBLIGA- 'TION UNDER THE 1974 OPEN SPACE BOND ISSUE.FOR FISCAL YEAR 1987-88, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Uieeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Dbne ABSENT: COUNCIL MEMBERS: None Notice of Ccmpletion Item 7 on the Consent Calendar was presented: Stabili- General Procurement zation of the Southeast Slope of Fairview Road at the and Construction 405 Freeway by General Procurement arra Construction Canpany, 3100 Airway Avenue, Suite 138, Costa Mesa. ISO Slope Stabilization The work has been canpleted to the satisfaction of the Fairview Road/405 Director of Public Services. Freeway Council Member Buffa said minor damage occurred to shrubbery at the cul-de-sac area of Boise Way and Fairview Road which was used as a staging area by the contractor during work on this project. The Director of Public Services will investigate and have any damage caused by the contractor corrected. MOTION On motion by Council Member Buffa, seconded by Vice Work Accepted Mayor Amburgey, the work was accepted; the Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. 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 OLD BUSINESS The Clerk presented from the meeting of August 3, 1987, Planning Action PA -87-118 for Audrey McCool, authorized PA -87-118 agent for Dan and Alice Jackson Lamb, a request to allow McCool/Lamb furniture restoration as a permitted use in the Transi- tion Area, located at 854 through 1014 West 19th Street, (even numbers only) , and 1903 Federal Avenue in an Rl zone. Environmental Determination: Negative Declara- tion. The Director of Development Services gave background information, made a visual presentation, and indicated staff believes the use is too intense for the property in the Transition Zone, and if Council approves the Conditional Use, a number cf problems would have to be addres sed . Audrey McCool, 884 Gest 19th Street, Costa Mesa, said she will never require the use of dip tanks or spray booths in her business, and the strongest chemical she uses is a non-flammable water based stripper. She indicated she was never told about variances when she applied for her business license and finds staff's recommendations and Conditions of Approval to be confus- ing. She does not believe her business will have an adverse affect, and indicated she is willing to work with staff to bring her business into canpatibility. At the request of Council Member Buffa, Mrs. McCool presented tuo letters from neighbors in favor of her business. Council Member Wheeler presented a point of clarifica- tion for Mrs. McCool: An application for a business license does not grant the right to do business in the City, it is a revenue producing tool. He asked Mrs. McCool if she had asked staff what would be necessary prior to setting up her business and she indicated she had not. In response to a question posed by Mayor Hall, Mrs. McCool indicated she has used approximately five gallons of furniture stripper in the last three months. Dan Lamb, 1323-A East Gertrude Place, Santa Ana, stated he called the previous owner of the property to inquire about the conversions made to the property for his prior f � ' business. Mr. Lamb was of the opinion that restrictions are too stringent in the Transition Area and was in favor cf Audry McCool's business. Roy Pizarek,.270 Del Mar Avenue, Costa Mesa, spoke in favor of Mrs. McCool's business. He did, however, express concern that, if furniture restoration busi- nesses will be allowed in the Transition Zone, combustibles and dip tanks would become evident which would not provide a safe envirorment, and he would be opposed to allowing consideration of them in the guide- lines. John McCool, 884 West 19th Street, Costa Mesa, referred to the work area and described it as a closed covered patio, closed on three sides and the roof. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of allowing this furniture restoration business. There was discussion on the Conditions of Approval and Mayor Hall suggested considering this as a permitted use for minor furniture repairs excluding some ramifications. Council Member Wheeler said, if Council desires to add a new conditional use to the Transition Zone, staff should first be directed to investigate what requirements should be imposed on that use and the normal processes followed. In his opinion, some of the materials used in this business are hazardous. MOTION A motion was made by Council Member Hornbuckle, seconded PA -87-118 by Council Member Wheeler, to uphold the Planning Denied Ccanmission's denial of PA -87-118. The motion carried 3-2, Mayor Hall arra Council Member Buffa voting no. Council Member Hornbuckle said the Transitional Zone does not need nDre complications and rewriting all the Conditions of Approval would not insure code approvals. Council Member Wheeler suggested the applicant proceed with a Home Occupation Permit process. GP -87-2B The Clerk presented from the meeting of August 3, 1987, R-87-09 applications from Robert G. Chapman, 2037 South Capella Chapman/Oliger Court, Costa Mesa, authorized agent for Aubrey L. Oliger, 2121 Doctors Circle, Costa Mesa: General Plan Amendment GP -87-2B, to change the land use designation at 2111 Doctors Circle, 2110 - 2144 Thurin Street, and 325 Victoria Street frau Medium Density Residential to High Density Residential; and to change the zoning at 2111 Doctors Circle, and 2110, 2120, and 2124 Thurin Street frau R2 to R3. Environmental Determination: Negative Declaration. The Development Services Director presented recammenda- tions as outlined in staff's meirorandum of August 11, 1987. Council Member Wheeler stated he believes this measure will have negative effects on traffic, noise, Police arra Fire protection and other negative consequences and will be cpposirg the motion. In his opinion, this type of rezone is unwarranted, unnecessary, and would have deleterious effects. On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, the following action was taken: i The Negative Declaration of Environmental Impact for General Plan Amendment GP -87-2B and Rezone Petition R-87-09, was adopted; MOTION Resolution 87-83, being A RESOLUTION OF THE CITY Resolution 87-83 COUNCIL CF THE CITY OF OJSTA MESA, CALIFORNIA, ADOPT - Ratified ING GENERAL PLAN AMENDMENT GP -87-2B, AMENDING THE GENERAL PLAN CF THE CITY OF COSTA MESA, was ratified; and MOTION Ordinance 87-16, being AN ORDINANCE OF THE CITY COUN- Ordinance 87-16 CIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING Adopted THE ZONING CF 2111 DOCTORS CIRCLE AND 2110, 2120, AND 2124 THURIN STREET FROM R2 TO R3, was given second reading and adopted. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler, Hornbuckle ABSENT: COUNCIL MEMBERS: None Accessory Apartment The Clerk presented for second reading and adoption, Regulations Ordinance 87-17, concerning accessory apartment regula- tions. Sid Soffer, 900 Arbor Street, Costa Mesa, asked for clarification of the ordinance and the Development Services Director responded that it was to change the local ordinance to ccrnply with amended State laws. MOTION On motion by Vice Mayor Amburgey, seconded by Council Ordinance 87-17 Member Buffa, Ordinance 87-17, being AN ORDINANCE OF THE Adopted CITY COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 7, TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO REVISE ACCESSORY APAR`R4ENT REGULATIONS, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, 4Nhieeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WARRANTS On motion by Council Member Wheeler, seconded by Council Member Buffa, Warrant Resolution 1367, including Payroll 8716, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Amburgey, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented a proposed contract with Laser REPORTS Media, Incorporated, 2046 Armacost Avenue, Los Angeles, in the amount of $19,800.00, for services in connection Agreement with with the bicentennial celebration referenced earlier in Laser Media the meeting by Council Member Buffa, and outlined in staff's memorandum of August 17, 1987. The terms in the Bicentennial agreerent have been reviewed by the City Attorney and Celebration staff is satisfied with the provisions contained therein. The City Manager said Special Provision 13 includes the City as a named insured in the amount of $500,000.00. Council Member Hornbuckle recammended showing the presentation shown on cable television. In response to a question by Council Member Hornbuckle, Council Member Buffa said the amount requested is for the visual presentation only. [1 Mayor Hall suggested presentation of canpany logos as a possible mans of fund raising for this project. MOTION On motion by Vice Mayor Amburgey, seconded by Council Agreement Approved Member Buffa, the agreement was approved and the City Manager was authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Council Member Wheeler expressed opposition to expending funds for a laser light show and presented other areas where the funds could be utilized to meet the needs of the City. Council Member Buffa spoke about the importance of the program as an educational tool for presenting our Nation's Constitution and its origins. This program will kick off a four-year endeavor which will extend to other educational efforts within the city. Council Member Hornbuckle spoke in favor of the program which can be enjoyed by the entire family and will be memorable to children. Budget Adjustment The City Manager requested approval of Budget Adjustment No. 88-12 No. 88-12 for $28,765.00, for a Cable Television Assis- Cable Television tant and summarized background and recammendations as Assistant presented in staff's memorandum of August 12, 1987. MOTION On motion by Council Member Hornbuckle, seconded by Vice Adjustment Mayor Amburgey, Budget Adjustment No. 88-12 was approved Approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Transportation The City Manager presented Resolution 87-89, establish - Planner ing a new job classification of Transportation Planner Classification and presented background information as outlined in staff's memorandum of August 13, 1987. MOTION On motion by Council Member Hornbuckle, seconded by Vice Resolution 87-89 Mayor Amburgey, Resolution 87-89, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 87-60 AND ADOPTING A CLASSIFICA- TION UNLER THE BASIC SALARY SCHEDULE, was adopted by the following roll -call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:30 p.m., and the meet- ing reconvened at 8:40 p.m. PUBLIC'HEARING The Clerk announced that this was the time and place R-87-10 set for the public hearing to consider Rezone Petition Wagoner R-87-10, John Wagoner, 702 West 173rd Place, Gardena, to rezone property at 685 West 18th Street from R2 to R3. Environmental Determination: Negative Declaration. The Affidavit cf Publication is on file in the Clerk's off ice . Db cc mun icat ions have been received. The Director cf -Dzvelcpment Services gave background information, staff's recommendations, and made a visual presentation. Mark Norando, 582 Park Drive, Costa Mesa, spoke about rezone petitions in general and their cumulative effects on traffic. Mayor Hall asked if the applicant was present and no one responded. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Amburgey, seconded by Give First Reading Mayor Hall, to adopt the Negative Declaration of to Ordinance Environmental Impact and give first reading to an Approving R-87-10 ordinance for Rezone Petition R-87-10. Council Member Wheeler stated apposition to granting this rezone which, in his opinion, would add too much density for the size of the lot. Council Member Buffa said he is unfamiliar with the application and requested the item be continued and to ask the applicant to be present for the public hearing. SUBSTITUTE MOTION A notion was made by Council Member Buffa, seconded by Held Over to Mayor Hall, to continue Rezone Petition R-87-10 until September 8, 1987 the meeting of September 8, 1987. The motion carried 3-2, Council Members Wheeler and Hornbuckle voting no. Council Member Wheeler expressed opposition to continu- ing this item because of the irrelevancy of having the applicant present for the consideration of land use. Mayor Hall indicated the first motion becomes a moot point with the passage of the substitute motion. PUBLIC HEARING The Clerk announced that this was the tiye and place set Floodway and for the public hearing to consider an ordinance amending Floodplain Title 13 of the Costa Mesa Municipal Code to bring the Regulations Floodway and Floodplain Regulations into conformance with Federal Emergency Management Agency (FEMA) regula- tions. Environmental Detennination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No commun ict ions have been received. The Director of Development Services presented analysis and recamnendation as outlined in staff's memorandum of August 5, 1987. MOTION On motion by Vice Mayor Amburgey, seconded by Council Ordinance 87-18 Member Buffa, Ordinance 87-18, being AN ORDINANCE OF THE Given First CITY COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, Reading AMENDING ARTICLE 17-1/2, TITLE 13 OF THE COSTA MESA MUNICIPAL CODE, TO CLARIFY FLOODPROOFING STANaNRES IN THE FLOOD R%ZARD AREA, vias given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL ME EERS : None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Rehearing/Pizarek for the public hearing for application from Roy Pizarek, 270 Del Mar Avenue, Costa Mesa, for rehearing the City R-87-02 Council's approval of Rezone Petition R-87-02, Lawrence Campeau/6bite/ Campeau and James G. 'shite Jr., 2925 College Avenue, Skinner Suite A-3, Costa Mesa, authorized agents for Frank W. and Jean K. Skinner, Post Office Box 11238, Costa Mesa, to rezone property at 817 Victoria Street from Rl to R2. 1�.iel�► Envirormental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. A telephone call was received from Esther Weir Kramer, 837 Plum Place, Costa Mesa, in favor of retaining Rl. Mayor Hall announced the first item to be decided will be if the application for rehearing will be accepted; then, if accepted, a rehearing on the item itself will take place. Tb grant a rehearing, new information not previously presented will have to be introduced. The Director of Development Services stated he would be pleased to answer any additional questions on this item and referred to staff's menorandum of August 5, 1987, outlining Mr. Pizarek's reasons for requesting the rehearing and staff's responses and recommendation. Roy Pizarek, 270 Del Mar Avenue, Costa Mesa, presented the following for discussion: Trip ends arra related increase of traffic, noise, and pollution; ingress and egress from the complex; and rezoning increasing den- sities. Council Member Wheeler said since Council has allowed rehearings in the past, and no Council policy currently exists relating to the subject, some confusion exists. He presented Aiat is required in law cases in order to grant a rehearing arra stated later in the meeting he will suggest this subject be brought before a Council study session so policies could be initiated to guide applicants seeking rehearings and to alleviate Council's hearing the same issues over again where no change in circumstances occurred betvieen hearings. He expressed his opinion that no new evidence has been presented on this item. Mayor Hall stated Council is not instituting new proce- dures and Council has used the procedure of deciding whether to hear an application for rehearing in the past but that rehearings have not been presented in quite awhile. He said there is no set policy on this and feels it is needed. Mr. Pizarek said it was the decision of the Board of Directors for the Mesa West Homeowner's Association to appeal this project because they feel it would have a negative impact on the total community. MOTION A notion was made by Vice Mayor Anburgey, seconded by Rehearing Denied Council Member Wheeler, to deny the application for rehearing on the basis that no new information was presented. The motion carried 5-0. . PUBLIC HEARING The Clerk presented the public hearing for an applica- Rehearing tion from Roberta Bakhshi, 1540 Superior Avenue, Costa PA -87-100 Mesa, authorized agent for Douglas R. Hurlbert, 102 Bakhshi/Hurlbert Scholz Plaza, Suite 228, Newport Beach, for rehearing the City Council's denial for a Conditional Use Permit 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. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. N� corununications have been received. Mayor Hall said new information must be presented before the item can be reheard. Roberta Bakhshi, 8777 Coral Springs Court, Suite D-1, Huntington Beach, stated several corrections have been made to the property which should bring it into conform- ity with requirements set forth in staff's report. Council Member Wheeler expressed opposition to a rehear- ing and did not feel the applicant has presented any- thing that could not have been accanplished before the last hearing. The Development Services Director presented background information outlining what has transpired since the last hearing, and on transparencies showing the existing situation on the property. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if there is a provision in the City's Code granting a right to a rehearing, and the City Attorney replied the Code indi- cates a rehearing shall be held based upon evidence not heard at the prior hearing. One communication was received from Randall McCardle, 2061-69 Wallace Street, Costa Mesa opposing the use. The Director of Development Services stated that staff recommended denial and gave a slide presentation. John Byers, 2407 Blackhorn Street, Newport Beach, indicated that after his request was addressed with limited input fran the Planning Commission, the hearing was closed and then many issues were addressed which were pertinent to the use and requested Council hear then. Mr. Byers stated he could agree to the Conditions of Approval but indicated Condition No. 5 asks for a Ali Roushan, 1550 Superior Avenue, Costa Mesa, said the situation has not changed very much since the last hear- ing and he has an idea on how it could work. Council Member Wheeler expressed his opinion that Council should investigate imposing reasonable restric- tions for reapplication and rehearings, and is in favor of denying this application for rehearing and would recommend that the applicant reapply. Sid Soffer recanmended Council's discussion in public hearings take place before the public hearing is closed. MOTION A motion was made by Council Member Hornbuckle, seconded Rehearing Denied by Council Member Wheeler, to deny the application for rehearing on the basis that no new evidence was presented. The motion carried 5-0. Mayor Hall infonned Mrs. Bakhshi that she.has a right to reapply for a new Conditional Use Permit if she so desires. PUBLIC HEARING The Clerk presented the public hearing for an applica- Appeal of tion fran Michael Perez III and John Byers, 13312 Nevada PA -87-116 Street, Westminster, authorized agents for Jonathan Perez/Byers/Brown Brown, Post Office Box 100, Costa Mesa, appealing the Planning Commission's denial of Planning Action PA -87-116, for a Conditional Use Permit to allow outdoor work to manufacture concrete boat docks and a temporary trailer for office use, located at 2086 Placentia Ave- nue, in an MG zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. One communication was received from Randall McCardle, 2061-69 Wallace Street, Costa Mesa opposing the use. The Director of Development Services stated that staff recommended denial and gave a slide presentation. John Byers, 2407 Blackhorn Street, Newport Beach, indicated that after his request was addressed with limited input fran the Planning Commission, the hearing was closed and then many issues were addressed which were pertinent to the use and requested Council hear then. Mr. Byers stated he could agree to the Conditions of Approval but indicated Condition No. 5 asks for a minimum of six parking spaces arra that there would only be two people working at the location. He anticipates the business would be short teen, approximately one year, and he would improve the visual appearances by installing appropriate screening on the fencing. Mike Perez, 13312 Nevada Street, Westminster, responded to a question posed by Council Member Wheeler regarding noise created by the sand and gravel mixer, the weight of the concrete, and how it is transported. Mr. Byers presented a petition with 84 signatures from neighborhood businesses expressing no objections to the application. Council Member Buffa asked if it would present a hard- ship if the hours of operation were changed from 7:00 a.m. to 5:00 p.m., to 7:30 a.m. to 5:00 p.m., and John Byers indicated it would not. Vice Mayor Amburgey asked what is proposed to meet the requirements of Condition of Approval No. 1 and John Myers presented various alternatives for accomplishing the screening. Council Member Hornbuckle asked the applicant if he would be agreeable to a six month Conditional Use Permit rather than one year and Mr. Byers replied certainly. Mr. Byers was agreeable to various alternatives posed by Council. There being no other speakers, Mayor Hall closed the public hearing. MOTION A notion was made by Vice Mayor Amburgey, seconded by PA -87-116 Council Member Buffa, to approve Planning Action Approved PA -87-116 with the following modi f icat ions and additions to the Conditions of Approval: No. 1 - Change first sentence to read, "All storage and activity shall be completely screened from view, except the mixer, from residential properties on the north arra east sides, and left open on the south and west sides." No. 5 - Change "6" parking spaces... to "2" parking spaces... No. 6 - After the words "for a period of," modify to read "six (6) months" (instead of 1 year)... No. 10 - New Condition - "Restroan facilities shall be provided, other than chemical toilets." No. 11 - New Condition - "Hours of operation shall be restricted to 7:30 a.m. to 5:00 p.m." Council Members Wheeler arra Hornbuckle expressed opposi- tion to this conditional use as having adverse impacts on surrounding residential properties. Vice Mayor Amburgey said he is in favor of the project since the surrounding area is basically commercial and noise created by this business would not be substantial and would not have adverse effects on the neighborhood. The motion carried 3-2, Council Members Wheeler and Hornbuckle voting no. PUBLIC HEARING The Clerk presented the public hearing for the abandon - Abandonment of trent cf a portion of public right-of-way at 2419 Elden Public Right -of- Avenue. The Affidavit of Publishing and Posting are on Way/Elden Avenue file in the Clerk's office. Three communications vyere received: Mesa Consolidated Water District, 1965 Placentia Avenue, Costa Mesa, has no camrent at this time; Southern California Gas Canpany, Post Office Office Box 3334, Anaheim, has no facilities on the property; and, Pacific Bell, 3939 East Coronado, Anaheim, has no facilities in the area. The Director of Public Services presented background information and recammended approval of the abandonment as outlined in staff's memorandum of August 13, 1987. There being no speakers, the Mayor closed the public hearing. MOTION On motion made by Council Member Buffa, seconded by Resolution 87-90 Council Member Hornbuckle, Resolution 87-90, being A Adopted RESOLUTION CF THE CITY COUNCIL CF THE CITY OF ODSTA MESA, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY AT 2419 ELDEN AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Waeeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented a request from Fairview Employees Child Care Center, 2501 Harbor Boulevard, Box 70, Costa nisicFest 187 Mesa, for funding in the amount of $3,000.00, for MusicFest 187. The City Manager recammended information be presented by the applicant in addition to what has been provided in the application form. Jeffrey Hovsepian, 22985 Caminito Mar, Laguna Hills, responded to questions from Council Member Hornbuckle and clarified the purpose of the event, how it will be presented, and how additional fund raising would be accanplished. Council Member Hornbuckle said the Child Care Committee has not reviewed this request nor taken a position as a canmittee but that one cf their goals has been to help promote employer based child care facilities. Council Member Wheeler asked how a children's concert increases public awareness as to the need for employer based child care and Mr. Hovsepian replied the concert itself does not, the concert creats public awareness by the media, by the speakers, by the public relations releases. He indicated some key companies will be invited to hear the public awareness information and encouraged to bring their families and children. Jeffrey Hovsepian presented a breakdown of costs for the MusicFest. MOTION A notion was made by Council Member Buffa, seconded by Funds Approved Council Member Hornbuckle, to approve funds in the amount of $1,500.00, for MusicFest '87. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Amburgey, Wheeler ABSENT: COUNCIL MEMBERS: None Council Member Wheeler was of .the opinion that this request would be more appropriately considered by the Cultural Arts Cammittee in the Cultural Arts budget. He is in fawr of establishing guidelines for funding requests and is apposed to spending more tax funds until such tine as guidelines are established. Vice Mayor Amburgey concurred. Council Member Buffa suggested the City Manager prepare a report describing the process which has been discussed on numercus occasions whereby special event applications would be submitted at specific times during the year similar to the social program funding. He suggested a sub-canmittee then decide vhat requests will be submit- ted to Council. Council Member Wheeler concurred with Council Member Buffa's suggestions and would also like staff to develop standards and criteria for these requests. The City Manager indicated that direction was given to staff at a study session and staff is investigating alternatives for these requests as well as requests for advertising. Mayor Hall asked that Mr. Hovsepain contact staff with regard to the passible use of City owned equipment for Music Fest '87. COUNCILMANIC Council Member Buffa asked the -,status of excess Central COMMENTS Orange County Circulation StLidy,-:(CENTROCCS) funds and the Director cf Public Services ,repl ed he would prepare a CENTROCCS Funds staff report on the -subject. Reapplication At the suggestion cf'Council Member Wheeler, staff was and Rehearing directed to prepare a report on' how other cities handle Policies requests for reapplication arra rehearings to be brought forward at a future study session for Council's consider- ation for setting up policies. SOS, Rea Center Council Member Hornbuckle announced an ice cream social to be held by SOS (Share Our Selves) at Rea Cammunity Center on Sunday, August 30, 1987, from 3:00 p.m. to 5:00 p.m., with a brief ceremony at 4:00 p.m. for the opening of their new relocated food and clothing center and medical and dental clinic. She reported in the month of June, 1987, SOS helped 3,935 homeless people and have been averaging 200 families per day for food and financial aid. Bridge Task Force Council Member Hornbuckle mentioned a letter received frau Earle Weichman, Safeguard Investments, 1113 West Baker Street, Costa Mesa, regarding the bridge over Bear Street and requested a report from the Bridge Task Force on the subject. Palace Avenue Council Member Hornbuckle requested an update on accan- Update plPshments on Palace Avenue- and the City Manager was directed to provide a status report on what is being accomplished. City Postcards Vice Mayor Pmburgey announced we now have postcards representing the City of Costa Mesa. Ballot Initiative Mayor Hall announced today was the closing day for ballot arguments for Proposition "N', GANN Limitation Initiative which were submitted today along with a legislative analysis by the City Attorney. He recan- mended those items which are non -bias, pertinent to the issue, and of an advantage to the residents of the community, be included in a Newsletter® The City Manager said a special newsletter will be prepared and staff will review items to be included to insure they comply with the appropriate Government Code Provisions. Basic voter information will also be included in the newsletter. Development Review Mark Korando, 582 Park Drive, Costa Mesa, asked about Process the topic of the adjourned session and the City Manager replied it is to present the current Development Review process to Council. ADJOURNMENT At 10:40 p.m., the Mayor adjourned the meeting to 8:00 a.m. , on August 27, 1987, in the second floo Conference Room of City H . of th City of Costa Mesa ATTEST: COty Clerk of the City of Costa Me 1