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HomeMy WebLinkAbout10/19/1987 - City CouncilROLL CALL MINUTES September 21, and October 5, 1987 *646 NQ3� RE3UTAR YEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 19, 1987 The City Council of the City of Costa Mesa, California, met in regular session October 19, 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 Pastor Ton Mayer, Seventh-Day Adventist Church. Council Members Present: Council Members Absent: Officials Present: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk On motion by Council Member Wheeler, seconded by Council Council Member Buffa, and carried 5-0, the minutes of the regular meetings of September 21 and October 5, 1987, were approved as distributed. A motion was made by Council Member Wheeler, seconded by Council Member Buffa, and carried 5-0, to read all ordi- nances by title only. PROCLAMATION Mayor Hall read a proclamation declaring October 25 Red Ribbon Week through 31, 1987, as "Red Ribbon ,Week". Kathy Nicholas, a member of "The Care Kids", an alcohol and drug free social group at Estancia High School, and peers to the "Just Say No" organization, -comprised of members from grammer schools, accepted -the proclamation. PROCLAMATION Mayor Hall read a proclamation declaring October, 1987, United Way Month as "Lbited Way Month" and presented the document to the Public Services Director, Chairman of the United Way Campaign, which is sponsoring a fury] raising drive for City employees. PRESENTATION Bill Bandaruk, City's. representative to the Orange County Vector Control Vector Control District, Post Office Box 87, Santa Ana, District Report reported on the number of calls responded to by the district thus far this year, outlined the various pro- grams conducted by the district, and reported on their budget. ORAL Eric Fair, 271-A Lower Cliff Drive, Laguna Beach, a COMMUNICATIONS member of the Training Committee for the Orange County Hang Gliding Association, spoke about the association's Hang Gliding interest in using a portion of the bluff area at Fairview Fairview Park Park fior low level take off and landing activities and requested the association's participation in planning activities for Fairview Park. He then presented infor- mational packets to Council. MOTION A motion was made by Council Member Wheeler, seconded Referred to Fairview Council Member Buffa, and carried 5-0, referring the Park Committee and request to the Fairview Park Committee for review and a City Attorney report as to the compatibility of this activity to other activities proposed for the area, and for the City Attorney to advise Council as to the legality of the proposed use. n CONSENT CALENDAR The following items were removed frau the Consent -Calendar: Item 15(d), Agreement to conduct a neighbor- hood traffic study for Country Club Drive; Item 16(c), Notice of Completion for 1986-87 Street and Parkway Maintenance for Wilson Street between Harbor Boulevard and Placentia Avenue; Item 19(c), Budget Adjustment No. 88-25 for the Constitution bicentennial celebration; Item 21(d), request to post 18 high-volume residential streets for street sweeping purposes. On motion by Council Member Buffa, 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: Ibne ABSENT:' COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS - A canmunication was received fran Ann A. Smith, 1390 Shannon Lane, submitting a petition containing 57 Trucks in Residen signatures requesting an ordinance be passed arra signs tial Areas pasted prohibiting parking of trucks in a residential :area. Onmotionby Council Member Buffa, seconded by MOTIOWReferred to Council Member Wheeler, and' carried 5-0, this item was Traf f is Commiss ion referred to the Traffic Ccmmi.ss ion. Maintenance Station A canmunication was received frau W. B. Ballantine, Route 73/55 Chief, Environmental Planning Brand, State of Interchange., California, Department of Transportation, District 7, Post Office Box 2304, Los.Angeles, submitting Initial MOTION Study for Construction of a Maintenance -Station at the Referred to' Route 73/55 Interchange. On motion by Council Member Staff Buffa., seconded .by Council Member Wheeler, arra carried 5-0, the item was referred to.the Development Services Director and Public Services Director for response. American Youth Cammunication fram American Youth Soccer Organization, Soccer Organization 1555 Mesa Verde Drive East, No. .27-M, Costa Mesa, requesting.a .$1,500.00 donation toward travel expenses MOTION for participation in the 1988 Cold Coast Youth Soccer Referred to - Classic in Australia. On motion by Council Member Advertising and Buffa, seconded by Council Member Wheeler, and carried Pranotion Review 5-0, this item was referred to Advertising and Pranotion Review in January, 1988. READING FOLLER on motion by Council Member Buffa, 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: Dunn Brothers Fence Canpany, Incorporated; Attorney Fred W. Anderson for Tammy Francine Ferguson; Attorney Richard Conway for. Donna Fredriksen and Don Fredriksen; Scott J. Heger; Attorney Richard M. Hawkins for Elizabeth McGill and James Victor Young; Attorney Patricia A. McDonald for Orange Coast Publishing Company, Incor porated; Law Offices of John E. Ford for Steiny and Campany, Incorporated; Application for Leave to Present a Late Claim frau Dolores A. Howard; and Application for Leave to Present a Late Claim fram Attorney Judith I. Lang for Lee Loftin. Alcoholic Alcoholic Beverage License Applications for which Beverage parking has been approved by the Planning staff: Licenses Gary and Maria Van Hoye,, doing .business as G & G Pizza, 1125 Victoria Street, Unit U; Anna and Keith Kamholz, doing business as Baycrest Liquor & Deli, 333 East 17th Street; Francesco and Renata Asaro, doing business as Caffe Franco, 1907-09 Harbor Boule- vard; Kathleen.and Jack Mannschreck, doing business as Teaser's., 1033 El Canino Drive; Aftad Ahmad, doing business as Arco.MP &G, 3201 Harbor Boulevard; T J & H Restaurant Corporation, doing business as Arnie's Manhattan Restaurant & Delicatessen, 2831-A Bristol Street; and John Scott Ottenan, doing business as Hussong's Cantina, 1880 Monrovia Avenue. Local Agency Notices from the Local Agency Formation Commission . Formation concerning its determination on the following annexa - Commission tions Annexation No. 87-1 to the Mesa Consolidated Water District for property located at 801 Paularino Avenue. Engineer's No. 229 Annexation to the Costa Mesa Sanitary District for property located in the general area of Paularino Avenue and Platte Drive. Public Notice from the Public Utilities Commission that an Utilities application has been filed by Aalert Paging Canpany of Commission San Diego, for a Certificate. of Public Convenience and Necessity to expand its facilities to provide radio- telephone services in San Diego, Los Angeles, and Orange Counties. Costa Mesa Letter from the Costa Mesa Historical Society, Post Historical Office Box 1764, Costa Mesa, concerning the City's Society plans for the Mardan facility after purchase of the site has been completed. Pacific Letter from Loretta M. Siegfreid, 963 Presidio Drive, Amphitheatre Costa Mesa, thanking the Council for its support of Lawsuit Concerned Citizens of Costa Mesa (CCCM) in its law- suit against the Pacific Amphitheatre. Marina View Letter.fran Ms. Denise C. Curry, Marina View Park Park Homeowners Association, 1851 Parkglen Circle, Costa Mesa, arra a petition containing 37 signatures, asking the City to approve construction of children's play equipment in Marina View Park. Closure of Letter from R. E. Sherrick, 3146 Country Club Drive, Country Club Costa Mesa, requesting closure of Country Club Drive Drive at (1) Gisler Avenue, and (2) Madeira Avenue and Jamaica Road. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Teen Challenge of Southern Teen Challenge of California, Post Office Box 5068/5445 Chicago Avenue, Southern California Riverside, to solicit for sponsorships in Walk-A-Thons in Costa Mesa from October 1 through December 31, 1987. MOUTON On motion by Council Member Buffa, seconded by Council Permit Member Wheeler, and carried 5-0, the permit was approved Approved with application of Municipal Code Section 9-234(j). Seventh-Day Notice of Intention to Appeal or Solicit for Charitable Adventist Spanish Purpose was received from Seventh-Day Adventist Spanish Church Church, 271 Avocado Street, Costa Mesa, by door-to-door solicitation from November 1 through December 31, 1987.' MOTION On motion by Council Member Buffa, seconded by Council Permit Member Wheeler, and carried 5-0, the permit was approved Approved with application of Municipal Code Section 9-234(j). Jewish War . Notice cf Intention to Appeal or Solicit for Charitable Veterans of U.S.A. Purpose was received from Jewish War Veterans of U.S.A., 1128 Rutland Road, No. 2, Newport Beach, by soliciting MOTION at local supermarkets and sures from November 1 through Permit November 15, 1987. On motion by Council Member Buffa, Approved seconded by Council Member Wheeler, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). - Knights of Notice of Intention to Appeal or Solicit for Charitable Columbus Purpose was received from Knights of Columbus, 270 Robin Hood Lane, Costa Mesa, by soliciting funds in front of MOTION stores frau October 30 through November 1, 1987. On Permit motion by Council Member Buffa, seconded by Council Approved Member Wheeler, and carried 5-0, the permit was approved with application cf Municipal Code Section 9-234(j) . Mardan Foundation Notice of Intention to Appeal or Solicit for Charitable of Educational Purpose was received fran Mardan Foundation of Educa- Therapy tional Therapy, 695.West 19th Street, Costa Mesa, by soliciting funds fran October 12, 1987, through October MOTION 11, 1988. On motion,by Council Member Buffa, seconded Permit by Council Member Wheeler, and carried 5-0, the pernit Approved was approved with application of Municipal Code Section 9-234(j). SET FOR PUBLIC On motion by Council Member Buffa, seconded by Council HEARING Member Wheeler, arra carried 5-0, the following items were set for public hearing on November 2, 1987, at 6:30 p.m., in the Council Chambers of City Hall: GP -87-5A and J. A. King and Associates, Incorporated, Post Office R-87-11 Box 7992, Newport Beach, authorized agent for Abrams King/Abrams Development, Incorporated, 10861 Cherry Street, Los Alamitos, for property located at 1850 GQZittier Ave- nue in an MG zone. Environmental Determination: Negative Declaration. General Plan Amendment GP -87-5A to change the land use designation from Light Industry to High Density Residential. Rezone Petition R-87-11 to rezone fran MG (Manufac- turing General) to R4 (Multi -Family Residential). Concurrent Sale An ordinance concerning concurrent sale of alcoholic Alcchol/Fuel beverages and motor vehicle fuel. REJECTED CLAIM On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the claim from Brenda Rogers Ise Rogers was rejected. ADMINISTRATIVE The Cable Television Committee requested approval of ACTIONS $500.00 to run advertising on Channel 3. On motion by Council Member Buffa, seconded by Council Member Wheeler, Cable TV the allotment was approved by the following roll call Advertising vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tnhneeler, MOTION Hornnbuckle, Buffa Allotment NOES: COUNCIL MEMBERS: None Approved ABSENT: COUNCIL MEMBERS: None Air Conditioning Bids received for Replacement of the Air Conditioning System/Costa Mesa System at the Costa Mesa Golf and Country Club are on Golf and Country file in the Clerk's office.. On motion by Council Member Club Buffa, seconded by Council Member Wheeler, the contract was awarded to Pacific Southwest Air Conditioning, Incorporated for $148,500.00. The motion carried by the following roll call vote: _238 MOTION - AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Awarded. to Hornbuckle, Buffa Pacific Southaest NOES: COUNCIL MEMBERS: None Air Conditioning ABSENT: COUNCIL MEMBSRS: Ibne Agreement with The Public Services Director recommended approval of an BSI Consultants agreement with BSI Consultants, Incorporated, 16880 West Bernardo Drive, San Diego, for $15,000.00 anticipated Inspection Services maximum casts, for public works construction inspection services. On motion by Council Member Buffa, seconded MOTION by Council Member Wheeler, the agreement was approved, Agreement and the Mayor and Clerk were authorized to sign on Approved behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, H:)rnbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None Agreement with The Public Services Director recommended approval of Russell Kiyoshi an agreement with Russell Kiyoshi Ushiro, 153 Del Mar Ushiro Avenue, for $2,298.00, for acquisition of a diagonal portion cf property at that address for wheelchair ramp Wheelchair Ramp construction. On motion by Council Member Buffa, seconded by Council Member Wheeler, the agreement was MOTION approved, and the Mayor arra Clerk authorized to sign on Agreement behalf of the City. The motion carried by the following Approved roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Dbne ABSENT: COUNCIL MEMBERS: None Agreement With The Public Services Director reccmrnended approval of an Southern agreement with Southern California Edison Campany, California 7333 Bolsa Avenue, Westminster, for $93,083.00, to place Edison utilities underground on 19th Street from Park Avenue to Anaheim Avenue. On motion by Council Member Buffa, Underground seconded by Council Member Wheeler, the agreement was Utilities approved, and the Public Services Director was author- ized to sign on behalf of the City. The motion carried MOTION by the following roll call vote: Agreement AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Traffic Signal Modifications at the intersection of Signal Maintenance Harbor Boulevard and Gisler Street have been completed to the satisfaction of the Director of Public Services Traffic Signal by Signal Maintenance, Incorporated, 2720 East Regal Modifications Park Drive, Anaheim. On motion by Council Member Buffa, Harbor/Gisler seconded by Council Member Wheeler, the work was accepted; the Clerk authorized to file a Notice of MOTION Canpletion; retention funds were ordered exonerated 35 Work days thereafter; the Labor and Material Bond was ordered Accepted exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 ronths 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 Notice of Ccmpletion Construction of the Harbor -Maple Storm ]rain (Phase I) Advanco Constructors has been canpleted to the satisfaction of the Director of Public Services by Advanco Constructors, Incorpor- Harbor-Maple Storm ated, 1500 West 19th Street, Upland. On motion by Drain (Phase I) Council Member Buffa, seconded by Council Member MOTION Wheeler, the work was accepted; the Clerk was authorizerd Work Accepted to file a Notice of Canpletion; authorization was given to release Passbook Account for $140,000.00 immediately; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 ironths thereafter. The motion carried by the followng roll call wte: AYES: COUNCIL MEMBERS:. Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Installation of 18 Lighted Bus Shelters has been ccni- Superior Signal pleted to the satisfaction of the Director of Public Service Services by Superior Signal Service, 7224 Scout Avenue, Bell Gardens. On motion by Council Member Buffa, 18 Lighted Bus seconded by Council Member Wheeler, the work was Shelters accepted; the Clerk .was authorized to file a Notice of Completion; retention funds were ordered exonerated 35 MOTION days thereafter; the Labor and Material Bond was ordered Work Accepted 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 Change Order "D" The Director of Public Services recommended approval RMG Engineering of Change Order "D" for $7,695.00, to the contract with RMG Engineering, 17961-A Cowan, Irvine, for storm drain Design of Del Mar plans in connection with the Design of Del Mar Avenue Avenue Widening Widening from Newport Boulevard to Elden Avenue. On motion by Council Member Buffa, seconded by Council MOTION Member Wheeler, the change order was approved by the Change Order following roll call wte: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: %ne ABSENT: COUNCIL MEMBERS: None Tract No. 12055 The Director of Public Services recamrL-nded reimburse - and 12594 ment of $16,394.00, to Fairview Development Company, 2510 North Shelley Circle, Costa Mesa, for reimbursement Drainage Fees of drainage fees collected for Tract No. 12055 and 12594. On motion by Council Member Buffa, seconded by Council MOTION Member Wheeler, the reimbursement was approved by the Reimbursement the followirg roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Buffa, seconded by Council No. 88 23/Air McTber Wheeler, Budget Adjustment No. 88-23 for Condition Golf $50,000.00, to air condition the (blf Course Clubhouse, Course Clubhouse was approved by the following roll call vote: A)ES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, MOTION Hornbuckle, Buffa Adjustment NOES: COUNCIL MEMBERS: Done Approved ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Buffa, seconded by Council No. 88 24/CDBG Member Wheeler, Budget Adjustment No. 88-24 for Funds $139,000.00, to budget Camnunity Development Block Grant (CDBG) funds frau 1986 which were not used, was approved by the following roll call vote: MOTION Adjustment Approved Budget Adjustment No. 88 32/Cable TV Trust Fund MOTION Adjustment Approved AYES: COUI_IL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Waeeler, Hornbuckle, Buffa None None On motion by Council Member Buffa, seconded by Council Member Wheeler, Budget Adjustment No. 88-32 for $849,295.00, to reclassify accounts in the Cable TV Trust Fund, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference On motion by Council Member Buffa, seconded by Council Advances Member Wheeler, a Conference Advance for $430.00, for a police officer to attend the Emergency First Responder MOTION Conference in San Diego, November 16 through 20, 1987, Advance was approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS. Abne ABSENT: COUKIL MEMBERS: None MOTION On motion by Council Member Buffa, seconded by Council Advance Member Wheeler, a Conference Advance for $413.46, for a Approved patrol officer to attend the Interview arra Investigation Conference in Davis, October 22 through 24, 1987, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Buffa, seconded by Council Advance Member Wheeler, a Conference Advance for $625.00, for Approved the Police Chief to attend the California Police Offi- cers Association All Committee Training Conference in Newport Beach, November 14 through 18, 1987, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by.Council Member Buffa, seconded by Council Advance Member Wheeler, a Conference Advance for $539.00, for a Approved a police officer to attend the California Police Offi- cers Association All Canmuttee Training Conference in Newport Beach, November 15 through 18, 1987, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Meeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUI_IL MEMBERS: None MOTION On motion by Council Member Buffa, seconded by Council Advance Member Wheeler, a Conference Advance for $1,112.00, for Approved the Golf Course Superintendent to attend the 59th Golf Course Superintendents Association International Golf Course Conference in Houston, Texas, February 1 through 8, 1988. 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 �J 241 Parking Prohibition On motion by Council Member Buffa, seconded by Council Santa Ana Avenue Member Wheeler, Resolution 87-97, being A RESOLUTION OF THE CITY COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF SANTA ANA AVENUE, MOTION was adopted by the following roll call vote: Resolution. 87-97 AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Adopted Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None Parking Prohibition On motion by Council Member Buffa, seconded by Council Rue de Cannds Member Wheeler, Resolution 87-98, being A RESOLUTION OF THE CITY COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION CF RUE DE CANNES, was MOTION adopted by the following roll call vote: Resolution 87-98 AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Adopted Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ibne Parking Prohibition On motion by Council Member Buffa, seconded by Council Monte Vista -Avenue Member Wheeler, Resolution 87-99, being A RESOLUTION OF THE CITY COUNCIL CF.THE CITY OF COSTA MESA, CALIFORNIA, MOTION PMHIBITING PARKING ON A PORTION OF MONTE VISTA AVENUE, Resolution 87-99 was adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: OOUNCIL MEMBERS: None Agreement With Item 15(d) on the Consent Calendar was presented: Austin -Foust Agreement with Austin -Foust and Associates, 1450 Tustin Avenue; Suite 108, Santa Ana, for an amount not to Traffic Study exceed $32,490.00, to conduct a Neighborhood Traffic Country Club Study for Country Club Drive, arra a request to direct Drive staff to prepare a budget adjustment to utilize $19,000.00 from unappropriated Traffic Study Fund and $14,000.00 from funds set aside for the Wimbledon Way closure. A letter was received from Michael Hylton, 3498 Queens Court, Costa Mesa, requesting rejection of the budget adjustment. Council Member Buffa said he is pleased that this steady is underway as delineated in staff's memorandum of October 12, 1987, but expressed concern that it is tak- ing too long. The Director of Public Services responded he will have the time -line monitored. Council Member Wheeler asked if the $14,000.00 requested from funds set aside for the Wimbledon Way closure could be obtained elsewhere. The City Manager responded funds could be allocated from unappropriated funds and Council Member Wheeler stated he was in favor of that suggestion. Mike Hylton, 3498 Queens Court, Costa Mesa, spoke about Council's decision to conduct a study for Wimbledon Way closure at their meeting of June 15, 1987, and that funds could be allocated for this purpose in the current fiscal year. He opposes allocating these funds for another purpose. MOTION On motion by Council Member Buffa, seconded by Council Agreement Member Wheeler, the agreement was approved, the Mayor Approved/Budget and Clerk were authorized to sign on behalf of the City, Adjustment and staff was directed to prepare a Budget Adjustment to Authorized utilize $19,000.00 from unappropriated Traffic Safety funds and $14,000.00 from unappropriated reserves. The motion carried by the following roll call vote: AYES: OOUNCIL MEMBERS: Hall, Amburgey, Wheeler, lbrnbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None Item 16(c) on the Consent Calendar was presented: Completion of 1986-87 Street and Parkway Maintenance for Wilson Street between Harbor Boulevard and Placentia Avenue, by McGrew Construction Company, Incorporated, Post Office Box 6540, Anaheim. Council Member Hornbuckle conplimented staff on a job well done and said the street looks good. MOTION On motion by Council Member Hornbuckle, seconded by Work Accepted Council Member Buffa, the work was accepted; the Clerk was authorized to file a Notice of Completion; authori- zation was given to release 50 percent retention ironies ($17,810.82) in two weeks, with remaining retention funds to be released 35 days after filing Notice of Completion; the Labor and Material Bond was ordered exonerated 7 rmnths 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: Ibne ABSENT: COUNCIL MEMBERS: None Budget Adjustment Item 19(c) on the Consent Calendar was presented: No. 88-25 Budget Adjustment No. 88-25, Constitution bicentennial Conti tut ion celebration Bicentennial Celebration Council Member Wheeler said, in his opinion, the presen- tation was a waste of taxpayers dollars. Council Member Hornbuckle said this is a budget adjust- ment djustment and the funds have previously been approved. On motion by Vice Mayor Amburgey, seconded by Council Member Ebrnbuckle, Budget Adjustment Iib. 88-25 for $32,000.00, for the bicentennial celebration of the United States Constitution, was approved by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Parking Item 21(d) on the Consent Calendar was presented: Prohibition for Request to post parking prohibition for street sweeping Street Sweeping purposes on 18 residential Citywide collector streets Purposes as outlined in staff's memorandum of September 28, 1987. Item At the request of the City Manager, Council agreed to Continued continue this iter to a later date. OLD BUSINESS The Clerk presented for second reading and adoption, ordinance 87-20, amending sections of the Costa Mesa Residential Density Municipal Cod-, regarding residential density calcula- Calculations in tions. R2, R3, and R4 Zones A ration was made by Council Member Hornbuckle, seconded by Council Member Wheeler, to deny second reading and Motion to Deny adoption of Ordinance 87-20. The motion failed to carry Failed to Carry by the following roll call vote: AYES: OOUNCIL MEMBERS: Wheeler, Hornbuckle NOES: COUNCIL MEMBERS: Hall, Amburgey, Buffa ABSENT: COUNCIL MEMBERS: None X43 Council Member Wheeler expressed his objections to this ordinance because it allovz for higher density and, in his opinion, if Council desires to change allowable square footages those changes should be made, not.this awkward ordinance. MOTION On motion by Council Member Buffa, seconded by Vice Ordinance 87-20 Mayor Amburgey, Ordinance 87-20, being AN ORDIDANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13-136(A)(2), 13-148(A)(2), AND 13-174(A)(2) OF .THE COSTA MESA MUNICIPAL CODE REGARDING RESIDENTIAL DENSITY CALCULATIONS IN THE R2, R3 AND R4 ZONES, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Vxbeeler, Hornbuckle ABSENT: COUNCIL Members: None R--87-10 The Clerk presented for second reading and adoption, Wagoner ordinance 87-21, in connection with Rezone Petition R-87-10, John Wagoner. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that there were no copies of the ordinance for the public to read. MOTION On motion by Council Member Hornbuckle, seconded by Ordinance 87-21 Council Member Buffa, Ordinance 87-21, being AN ORDI- Adopted NANCE OF THE CITY COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY LOCATED AT 685 VEST 18TH STREET, FROM R2 TO R3, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nene ABSENT: COUNCIL MEMBERS: None R-85-16 The Clerk presented a request from Richard H. Dodd, 201 DodWSchwartz Shipyard Way, Berth A, Cabin F, Newport Beach, author_ ized agent for Paul Schwartz, 1607 Orange Avenue, Costa Mesa, for a one-year retroactive extension of time for second reading and adoption of Ordinance 86-12, being AN ORDINANCE CF THE CITY COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE.ZONING AT 1607 ORANGE AVENUE FROM R2 TO Cl, in .connection with Rezone Petition R-85-16. MOTION A motion was made by Council Member Hornbuckle, seconded Extension of by Council Member Buffa, granting an extension to June 2, Time Granted 1988, for second reading and adoption of Ordinance 86-12. for Ordinance The motion carried by the following roll call vote: 86-12 AYES: COUNCIL MEMBERS: Hall, Amburgey, V%heeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nine ABSENT: COUNCIL MEMBERS: None R-85-18 The Clerk presented a request frcn Richard H. Dodd, 201 Dodd/Sampson Shipyard Way, Berth A, Cabin F, Newport Beach, author- ized agent for Herbert F. Sampson, 1604 Newport Boule- vard, Costa Mesa, for a one-year retroactive extension of time for second reading and adoption of Ordinance 86-13, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING AT 1604 NEWPORT BOULEVARD AND 1609 ORANGE AVENUE FROM R2 TO Cl, in connection with Rezone Petition R-85-18. MOTION A motion was made by .Council Member Hornbuckle, seconded Extension of by Council Member Buffa, granting an extension to June Time Granted 2, 1988, for second reading and adoption of Ordinance for Ordinance 86-13. The motion carried by the following roll call 86-13 vote: �4� MOTION Warrants 1371, 1372 and 1373 Approved CITY ATTORNEY REPORTS AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Theeler, Hornbuckle, Buffa None None On motion by Council Member Buffa, seconded by Council Member Hornbuckle, 6%brrant Resolution 1371, including Payroll 8719, Warrant Resolution 1372, and Warrant Resolution 1373, including Payroll 8720 were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Itheeler, Fbrnbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The City Attorney requested authorization to settle the claim of Becky and Christy Ebllard as detailed in a confidential memorandum dated September 22, 1987. MOTION On motion by Council Member Wheeler, seconded by Council Settlement Member Ebrnbuckle, the settlement was authorized by the Authorized following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Meeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None Additional The City Manager presented a recommendation to add one Personnel Senior Clerk Stenographer position to the 1987-88 budget for the City Manager's off ice . MOTION A ration was made by Council Member Buffa, seconded by Position Vice Mayor Amburgey, authorizing the position as out - Authorized lined in staff's memorandum of October 16, 1987. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, V,hieeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nine ABSENT: COUNCIL MEMBERS: None Compensation The City Manager presented a recommendation to adjust Adjustments compensation ranges for department and division heads, increases in hourly rates for part-time employees, creation of the classification of Engineering Technician III, and a classification title change for Principal Personnel Analyst. He provided background information and further clarification of items presented in his memorandum dated October 12, 1987, and attached proposed resolution. The City Manager said the City has a critical need for School Crossing Guards and asked that anyone in the audience knowing of persons interested in part-time employment be directed to contact the City's Personnel Department regarding these positions. Council Member feeler stated opposition to the proposed resolution citing only salary ranges are shown for management personnel and, in his opinion, management employee increases should be limited to the same 9.5 percent increase approved for general employees during the 18 -month period the resolution will cover. MOTION On motion by Vice Mayor Amburgey, seconded by Council Resolution 87-100 Member Hornbuckle, Resolution 87-100, being A RESOLUTION Adopted OF THE CITY COUNCIL CF THE CITY OF COSTA MESA, CALI- FORNIA, ESTABLISHING RATES OF PAY FOR VARIOUS JOB CLASSIFICATIONS, vas adopted by the following roll call vote: 1 245 AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None PUBLIC HEARINGS The Clerk presented from the meting of September 8, Rehearings/Genis 1987, rehearings requested by Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, on the following items: 1. Supplemental Adoption of Resolution 87-82, approving supplemental Findings for findings for Planning Action PA -87-15, C. J. Seger - PA -87-15 strap and Sons, 3315 Fairview Road, Costa Mesa, for Segerstrom property at One South Coast Place (Home Ranch site) . GP -87,4 Adoption of Resolution 87-85, approving General Plan City of Costa Amendment GP -87-4, initiated by the City of Costa Mesa Mesa, concerning maximum development intensity levels for the Segerstrom property bordered by Harbor Boule- vard, Sunflower Avenue, Fairview Road, and the I-405; the Arnel Development property bordered by Bear Street and the I-405; Transpacific Development property bordered by Anton Boulevard and the I-405; and the Sakioka property bordered by Sakioka Drive, Sunflower Avenue, Main Street, and the 55 Freeway. MOTION On motion by Council Member Buffa, seconded by Vice Held Over to Mayor Amburgey, and carried 5-0, this item was continued November 16, 1987 to the meeting of November 16, 1987, as requested in staff's memorandum of October 14, 1987. PUBLIC HEARING The Clerk announced the public hearing, continued frau Appeal of PA -85-179 the r seting of September 21, 1987, for an appeal of Hernandez/Pange Planning Commission's denial of Planning Action PA -85-179, Arturo Hernandez, authorized agent for Dr. Russell Pange, 1831 Orange Avenue, Costa Mesa, for renewal of a Conditional Use Permit for the expansion of an existing bar located at 727 West 19th Street, in a Cl zone. Environmental Determination: Exempt. The Development Services Director presented background information and update as outlined in staff's memorandum of October 14, .1987, and referred to a report prepared by applicant's counsel suggesting possible conversion of the present bar to a restaurant. The Development Services Director responded to questions posed by Council Member Wheeler regarding Conditional Use Permit applications. Timothy Shields, representing Voss and George, Attorneys at Law, 415 ibrth Sycamore Street, Suite 300, Santa Ana, gave an oral and visual presentation summarizing their report dated October 13, 1987, and then presented a variety of recanmendations and suggestions for condi- tions for the proposed conversion of the site from a bar to a full service Mexican restaurant. Discussion followed regarding Conditional Use Permits, and the various proposals and suggested conditions presented in Mr. Shield's report. Carl Patton, 724 Center Street, Costa Mesa, expressed concern about non-compliance to conditions of the Conditional Use Permit and proper notification., These items were addressed by Council, the Director of Devel- opment Services, and Timothy Shields. Sid Soffer, 900 Arbor Street, Costa Mesa, favored a a restaurant for this site with restrictions posed by the Department of Alcoholic Beverage Control. 246 There being no other speakers, the Mayor closed the public hearing. MOTION A notion was made by Council Member Hornbuckle, seconded Conditional Use by Vice Mayor Amburgey, arra carried 5-0, to approve Permit Approved renewal of the Conditional Use Permit for a bona fide with Conditions eating establishment at 727 West 19th Street, formerly known as Arturo's Cantina, with the following changes to Conditions of Approval: (a) Condition No. 7, after the words, "period of six (6) mmnths" , add "from. date of approval ( October 19, 1987)"... (b) Add a condition to allow a change of signing to indicate the establishment is a restaurant. (c) Add a condition regarding removal of the dance floor within 30 -days. The Development Services Director reviewed staff's memorandum of October 8, 1987. The Planning Commission has approved an anended sign plan not allowing the 47 - foot -high sign and directing it be removed within 30 days but allowing three wall signs, and two ground signs subject to the current code. Mike Cain, 515 Marin Street, Thousand Oaks, District Sales Manager, Pontiac Division Orange County, owners of the sign in question, asked why the sign is considered illegal when the only change made to an existing sign was to change the name of the dealer. He requested the sign be allowed to remain and, if allowed, only one additional sign on the used car lot is requested rather than three wall signs and two ground signs approved by the Planning Commission. Vice Mayor Amburgey said that when the City's Sign Code was amended, nonconforming signs ware allowed to remain if sign copy (lettering/logos) were not changed, and any change would cause immediate removal of the sign. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in fawr of allowing the sign to remain. There being no other speakers, the Mayor closed the public hearing. (d) Add a condition regarding submitting preliminary plans for the remodeling within 45 days. (e) Add a condition stating hours of operation to be Sunday through Thursday, closing at 11:00 p.m., Friday, Saturday, and Holidays, closing at 12:00 midnight. (f) Eliminate Condition No. 3 regarding security guards. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of appeal of the Planning Ccmmission's denial to allow an ZE-80-13A existing illegal ground sign to remain at 2480 Harbor Cain/Magnon Boulevard, in connection with Zone Exception ZE-80-13A, from Michael F. Cain, 515 Marin Street, Thousand Oaks, authorized agent for Alan Magnon, 2480 Harbor Boulevard, Costa Mesa. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. Db communications have been received. The Development Services Director reviewed staff's memorandum of October 8, 1987. The Planning Commission has approved an anended sign plan not allowing the 47 - foot -high sign and directing it be removed within 30 days but allowing three wall signs, and two ground signs subject to the current code. Mike Cain, 515 Marin Street, Thousand Oaks, District Sales Manager, Pontiac Division Orange County, owners of the sign in question, asked why the sign is considered illegal when the only change made to an existing sign was to change the name of the dealer. He requested the sign be allowed to remain and, if allowed, only one additional sign on the used car lot is requested rather than three wall signs and two ground signs approved by the Planning Commission. Vice Mayor Amburgey said that when the City's Sign Code was amended, nonconforming signs ware allowed to remain if sign copy (lettering/logos) were not changed, and any change would cause immediate removal of the sign. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in fawr of allowing the sign to remain. There being no other speakers, the Mayor closed the public hearing. 24`x' MOTION A motion was made by Council Member Hornbuckle, seconded ZE-80-13A Denied by Council Member Wheeler, to uphold the Planning Commission's denial of Zone Exception ZE-80-13A. The motion carried 4-1, Council Member Buffa voting no. RECESS The Mayor.dec]ared a recess at 8:30 p.m., and the meet- ing eeting reconvened at 8:45 p.m. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of application from Cliff Smith and Kathy Green, 2205 PA -87-157 Pacific Avenue, No. 201, Costa Mesa, appealing the Smith/Green/ Planning Canmission's approval of Planning Action Crawford PA -87-157, Pacific Vistas Development, Richard F. Crawford, General Partner, 245 Fischer Avenue, Suite B-1, Costa Mesa, for a Conditional Use Permit to allow patios/balconies to encroach into the required 10 -foot bluff setback for a new 21 -unit apartment project, located at 2209, 2211, 2213, and 2219 Pacific Avenue in an R2 zone. Environmental Determination: Negative Declaration. Two letters were received: a request from Richard Crawford, Pacific Vistas Development, asking that the item be continued; and a request received today from Daniel J. Cooney, Pacific Vistas Development, requesting withdrawal of the request for a continuance. The Development Services Director stated the apartment project in question is subject to staff review and approval; the bluff setback issue is subject to Planning Commission and Council approval. He said the height in question involves a third story, with the code allowing two stories, and this is what Council Member Wheeler is appealing, with his appeal set for public hearing at the Council Meeting of November 2, 1987. He stated if the appeal for the bluff setback is heard tonight, building permits cannot be issued until the other appeal is heard unless the applicant reduces the height of the project. Council Member Wheeler commented since Council received a request for continuance he did not visit the site and, in his opinion, this matter should be continued arra be heard at the next meeting along with his appeal on the subject project. Richard Crawford, 245 Fischer Avenue, Suite B-1, Costa Mesa, indicated Pacific Vistas Development has decided to eliminate lofts and a third story for this project. Council Member Wheeler requested that the appellants be heard. Cliff Smith, 2205 Pacific Avenue, Unit 201, Costa Mesa, stated Richard Crawford has presented a new set of plans to the homeowners alleviating most of their concerns and asked how they can be.assured that the developer will not build something other than what they have been shown. The Development Services Director said he was aware of proposed plan modifications involving second story balconies and elimination of lofts and if, in fact, this is the desire cf the developer, it should eliminate the concerns expressed by the adjacent homeowners. Mayor Hall suggested that a condition be added to the Conditions of Approval for the project stating the setback shall be 10 -feet from the bluff line on the north and south boundaries so as not to obscure the view of the neighbors and asked Richard Crawford if he would be agreeable should such a condition be added. Mr. Crawford responded that he would. Cliff Smith indicated he would withdraw his appeal if this coalition were added. Mayor Hall asked the appellant, Kathy Green, if she wished to speak on this subject and she indicated that she did not. Thelma Lundrigan, 2221 Pacific Avenue, Costa Mesa, spoke about the setback from the bluff line. Referencing the appeal filed by Council Member Wheeler, Mayor Hall stated if the lofts were not removed the appeal would be heard and if they are removed, the appeal would become a mot point and would not be heard. The City Attorney stated this matter could be handled by not granting withdrawal of the appeal and to rule on the application itself attaching a new condition to it. There being no other speakers, Mayor Hall closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Uphold Planning Council Member Wheeler, and carried 5-0, the Planning Commission's Canmission's approval of Planning Action PA -87-157 was Approval of upheld with the addition of a condition that the units PA -87-157 with Addi- at the.north and south boundaries shall conform to the tional Coalition bluff line setback of 10 -feet so as not to obscure the view of the neighbors. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of appeal of the Planning Commission's denial of Planning PA -87-159 Action PA -87-159 frau Patrick A. DiCaprio, 2238 Elden DiCaprio Avenue, Costa Mesa, for a variance from parking and rear yard setback requirements, in conjunction with a proposed rear unit on a site with an existing residence located at the above address in an R2 zone. Environ- mental Determination. Exempt. No ccmmunications were received. The Development Services Director summarized staff's report and presented transparencies. The applicant is requesting a variance for the rear yard setback of 10 feet, the cods requires a setback of 25 feet and parking provided for both units, two covered and two open spaces. He indicated a single-family home now faces Elden Avenue, there is a double car driveway and two parking spaces in the garage. The applicant is requesting a variance to expand the driveway to allow for three cars. He stated the code allows tandum parking for a single-family dwelling but not for a second rental unit. Pat DiCaprio, 2238 Elden Avenue, Costa Mesa, stated he purchased the subject property with the intention to build on it, and the physical layout of the lot requires a parking variance to accanrmdate another unit with tandum parking associated with each particular unit. Jeffrey Gill, 118 41st Street, Newport Beach, spoke about the physical layout of the present home and dis- cussed setbacks, development standards, and reasons for granting a variance. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about granting variances for special circumstance and, in his opinion, this is a special circumstance. 1 249 There being no other speakers, the Mayor closed the public hearing. Vice Mayor Amburgey said this is an unusual piece of property, -and with a little architectual ingenuity, proper parking requirements could be accomplished. Council Member Fbrnbuckle agreed and said the rear unit could be analler to accannodate more off-street parking. Mayor Hall spoke in fawr of granting a variance. Council Member Wheeler said codes should be adhered to and, in his opinion, the applicant could locate other property vh ich could accanmodate his requirements. He is opposed to granting a variance. MOTION A motion was made by Council Member Hornbuckle, seconded PA -87-159 Denied by Vice Mayor Amburgey, to uphold the Planning Ccamnis- sion's denial of Planning Action PA -87-159. The motion carried 4-1, Mayor Hall voting no. Sid Soffer canmented that the City's legal staff has taken the stance that a variance can be granted. NEW BUSINESS The Clerk presented Planning Action PA -87-27A, Allyson Ayres, authorized agent for Newport Shores Builders, PA -87-27A Drawer A, Huntington Beach, for an amendment to a pre- Ayres/Newport viously approved planned development for an 111 -roan Shores Builders hotel, to allow the expansion of the breakfast area from an 854 -square -foot, non -seated area to a 1,200 -square - foot, 38 -seat facility, located at 345 Bristol Street in a -PDC zone. Environmental Determination: Exempt. Mayor Hall asked if anyone in the audience wished to speak in cpposition to this item and no one responded. The Development Services Director presented background information. The applicant present indicated he did not wish to make a statement. MOTION On motion by Council Member Wheeler, seconded by Council PA -87-27A Member Hornbuckle, and carried 5-0, Planning Action Approved PA -87-27A was approved subject to conditions contained in the Staff Report. Fireworks The City Manager referenced a memorandum from the Fire Prohibition Chief dated October 7, 1987, entitled Fireworks Update, including a report produced by the County of Orarge, which was given to Council at their last study session for review. He then presented background information. Rex Thonpkins, 1068 Salvador Street, Costa Mesa, President of the Costa Mesa High School Aquatics Booster Club, and speaking on behalf of the booster clubs for water polo, boys and girls, swimming, and basketball, said these clubs have been very successful operating fireworks stands and gave examples of what the monies raised have accomplished. He said banning safe and sane fireworks sales within the City would prove to be a real hardship to these organizations and presented sugges- tions for Council's consideration. Pam Zinelli, a resident of the City of Santa Ana, repre- senting Pyrotronics Corporation, 2349 West La Palma Avenue, Anaheim, and the safe and sane fireworks indus- try, spoke regarding the differences between dangerous explosives and safe and sane fireworks and the regula- tions adhered to by the safe and sane fireworks industry. She indicated the safe and sane fireworks industry is ready, willing, and able to becorre a part of the solu- tion for Costa Mesa. She said the City of Orange voted to retain the sale of safe and sane fireworks, and she outlined the program the conmi.ttee established, and the public safety campaign to be conducted. David Couch, 1775 Pitcairn Drive, Costa Mesa, President of Estancia High School's music boosters, spoke in favor of the sale of safe and sane fireworks and the various ways the monies raised from their sale are utilized at the school. Murray Sherman, 1087 Visalia Drive, Costa Mesa, spoke in favor of selling safe and sane fireworks and his involvement with various booster club and organization sponsored booths. He is in favor of stricter enforce- ment of illegal fireworks. Sid Soffer, 900 Arbor Street, Costa Mesa, is in favor of safe and sane fireworks sales and suggested having all of the fireworks booths at one location, possibly the Orange County Fairgrounds. Pam Zinelli responded to the concerns and suggestions expressed by the various speakers. Vice Mayor Amburgey spoke in favor of the sale of safe and sane fireworks and the fund --raising value received frau them. He said the number of citations as a result of the misuse of fireworks is minimal and he believes the committee established in the City of Orange is a positive step toward establishing an educational program for the safe use of fireworks. Council Member �brnbuckle spoke in favor of banning the sale of fireworks and recommended presenting alterna- tives for fund raising. She said that this item is before Council as a result of a Grand Jury report encouraging the cities in Change County to ban safe and sane fireworks. She expressed interest in having this item go before the voters as a ballot measure and, as an alternative, to establish penalties for the misuse of safe and sane fireworks. She would also be in favor of limiting their sale to four days a week. Council Member Buffa spoke in favor of the sale of safe and sane fireworks for their monitary benefit to organi- zations, and for increasing penalties for the illegal use of than. [1 f Council Member Wheeler felt that potential risks arra benefits should be weighed. He would not vote to ban the sale of safe and sane fireworks but is in favor of putting the item before the voters to decide. Mayor Hall recommended establishing a committee, com- prised of members from the Police and Fire Departments, along with members from the fireworks industry, civic organizations, and Council. MOTION A motion was made by Council Member Buffa, seconded by Retain Existing Vice Mayor Amburgey, to retain existing fireworks provi- Municipal Code sions in the Municipal Code. Provisions Council Member Wheeler stated he does not feel this is a necessary motion since the ordinance is already in effect and no changes are being recommended. Mayor Hall said this motion is being presented to give an indica- tion to the citizens as to Council's stand on the issue, [1 f and that . it can lead to other issues relative to the control of illegal fireworks. The motion carried 4-1, Council Member Hornbuckle voting no. MOTION A motion was made by Council Member Buffa, seconded by Staff Directed Council Member Hornbuckle,to direct the City Attorney to Prepare to prepare a report relative to the use of safe and sane Reports arra illegal fireworks, and to direct the City Manager to establish criteria for establishing a sub-cammittee. Council Member Wheeler stated, in his opinion, this would be a waste of staff's time, there is no need to tighten the ordinances. Council Member Buffa disagreed with these comments. Council Member Wheeler said regulate the illegal use of the State regulates this. the City has no authority to fireworks within the City, The motion carried 4-1, Council Member Wheeler, voting no. Motion A motion was made by Council Member Wheeler, seconded by Fireworks on Council Member,tbrnbuckle, to direct staff to prepare a Ballot Failed ballot measure for the first available normal election to Carry date, giving the (City's citizens a choice as to whether or not to outlaw the use and sale of safe and sane fireworks within the City. Council Member Buffa stated; in his opinion, this would be a waste cf staff's time. The motion failed to carry 3-2, Council Members Hall, Amburgey, and Buffa, voting no. MOTION _ :A notion was made by Council Member Hornbuckle, seconded Staff Directed by Council Member Buffa, and carried 5-0, directing to Prepare staff to . prepare a proposal along with costs for a City Proposal sponsored fireworks show combined with a possible street fair which non-profit organizations could support with booths.. MOTION A motion was made by Council Member Hornbuckle, seconded Staff Directed by Council Member Buffa, and carried 5-0, directing the to .Prepare City Attorney to prepare a report regarding outside Report organizations selling fireworks within the City and if the sale can be legally limited to groups within the City. RECESS NEW BUSINESS League of California Cities Traf f is Recan- mendations The Mayor declared recess at 10:30 p.m., and the meeting reconvened at 10:40 p.m. The Clerk presented a resolution supporting the League of California Cities Dransportation Super Cam_mi.ttee recommendations for Countywide traffic improvements. The City Manager, presented background information con- tained in staff's report dated October 15, 1987, and a resolution prepared in response to the Orange County Division of the League of Calfiornia Cities' request. Council Member Hornbuckle, speaking as a member of the Iransportation Super Caumittee, canuented this is the first time a real attempt has been made to gain a Countywide consensus for a transportation plan and the canmittee is asking for support frau all of the cities involved. 252 Mayor Hall commended Council Member Hornbuckle on the work she has done with the League on this issue, and in keeping Council informed of activities as they transpire. MOTION A motion was made by Council Member Hornbuckle, seconded Resolution 87-101 by Council Member Buffa, to adopt Resolution 87-101, Adopted being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ODSM DESA, CALIFORNIA, SUPFORTING THE FINDINGS AND RECOMMENDATIONS OF THE LEAGUE OF CALIFORNIA CITIES TRANSPORTATION 11SUPER" COMMITTEE. Council Member Mxheeler stated his opposition to the motion and disagreed with the following recommendations made in the Transportation Super Committee's report: I.D., I I. B. , II. D. , I I. E. , and the recommendations made under Section IV., especially W.C. Vice Mayor Amburgey said there is an excellent 17 -minute video tape available for use by service organizations on this itan which can be borrowed from the City by contact- ing the City Manager's off ice . Council Member Buffa stated he views the report as a proactive measure which is realistic and, in his opinion, this is the first time recommendations have been made suggesting solutions. He supports the committee's recommendations. Resolution 87-101 was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Vdheeler ABSENT: COUNCIL MEMBERS: None Noise The Clerk presented a request from the Mesa Verde Villas Monitoring Homeowners Association, 1633 Iowa Street, for noise Studies/I-405 monitoring studies in conjunction with sound wall con- struction on the 1,405 Freeway, and staff's background information and recommendation presented in their memorandum dated October 15, 1987. Sid Soffer, 900 Arbor Street, Costa Mesa, discussed funding. MOTION A motion was made by Council Member Buffa, seconded by Agreement Vice Mayor Amburgey, authorizing staff to secure sound Authorized monitoring services through an agreement with the County of Orange, Public Health and Medical Services, 515 North Sycamore Street, Santa Ana, in an amount not to exceed $5,000.00. The motion carried by the follow- ing roll call wte: AYES: COUNCIL MEMBERS: Hall, Amburgey, Vheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Cultural Arts The Clerk presented a request to appoint a member to the Committee Cultural Arts Committee to fill a vacancy created by the resignation of one of its members. MOTION On motion made by Council Member VAheeler, seconded by Member Council Member Buffa, and carried 5-0, Judy L. Kelsey, Appointed 3016 Clubhouse Circle, Costs Mesa, was appointed to the Cultural Arts Committee. Cable TV The Clerk presented a request to appoint two members to Committee the Cable TV Committee to fill vacancies. 1 II II MOTION On motionmade by Council Member Buffa, seconded by Continued to Council Member Ibrnbuckle, and carried 5-0, this item November 2, 1987 was continued to the meeting of November 2, 1987. COUNCILMANIC . There v& -re no comments made by Council. COMMENTS ADJOURNMENT The Mayor declared the meetji�adjouned at ,11:10 Mayor of the City of Costa Mesa ATTEST: ity Clerk of the City of Costa MAa 953