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Home My WebLink About11/16/1987 - City CouncilROLL CALL MINUTES November 2, 1987 ORDINNNCES RMULAR MEETING CF THE CITY COUNCIL . CITY OF COSTA MESA NOVEMBER 16, 1987 The City Council of the City of Costa Mesa, California, met in regular session November 16, 1987, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Vice Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Pastor Dan Knudsen, Prince of Peace Lutheran Church. Council Members Present: Council Members Absent: Hall, Amburgey, Meeler, Hornbuckle, Buffa None Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk On Motion by Council Member VMeler, seconded by Council Member Buffa, and carried 5-0, the minutes of the regu- lar meting of November 2, 1987, were approved as distributed. A motion was made by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, to read all ordinances by title only. - PRESENTATION Jacki Lang, Instructor/Coach, Japan Karate Federation, Japan Karate 1975 Balearic Drive, Costa Mesa, introduced members of Federation the Federation's 1987 Junior Team who achieved medals in the National Championships of AAU Karate held in Chicago, and the USA Karate Federation National Cham- pionships held in Columbus. She thanked Council for their support which enabled the team's participation in these events, and the junior member of the team presented Council with a plaque. ORAL Sid Soffer, 900 Arbor Street, Costa Mesa, asked for COMMUNICATIONS clarification regarding the purpose of the Shalimar Drive Task Force, and the City Manager responded it is Shalimar Drive a proactive program for the restoration of the Shalimar Task Force Drive area arra Council Members, as well as City staff and the County Health Officer, are participating members of this task force. Veterans Day Sid Soffer complimented Council and staff for the City - Ceremony sponsored.Veterans Day ceremony which was held at City Hall on November 11, 1987, arra honored Congressional Metal of fbnor recipients. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 3(c), Application for Leave to Present a Late Claim from Lee Loftin; Item 12(d), Budget Adjust ment 88-44, funds for legal services concerning the Pacific Amphitheatre. On motion by Council Member Buffa, seconded by Council Member Vdzeeler, the remaining Consent Calendar items were approved in one motion by the fallowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, feeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 271 WRITTEN On motion by Council Member Buffa, seconded by Council CCMMUNICATIONS Member Wheeler, Resolution 87-106, beim A RESOLUTION OF THE CITY COUNCIL CF THE CITY CF COSTA MESA, CALIFORNIA, Records Destruction AUTHORIZING RECORDS DESTRUCTION FCR THE POLICE DEPART - for Police MENT CF THE CITY CF COSTA MESA, PURSUANT TO ORDINANNCE Departrrent NO. 75-60, was adopted by the following roll call vote: AYES: CDUNCIL MEMBERS: Hall, Amburgey, Wheeler, NOTION Hornbuckle, Buffa Resolution 87-106 NOES: COUNCIL MEMBERS: None Adopted - ABSENT: COUNCIL MEMBERS: Dbne READIM FOLDER On motion by Council Member Buffa, seconded by Council Member Wheeler, and' carried 5-0, the following Reading Foldar items were received arra processed: Claims Claims received by the City Clerk: Attorney David D. Mirray for Jacqueline Harrell Furman; Delmar T. Hamre; Howard Scott Johnson; and Attorney J. Russell Brown Jr. for Bryant Miles and George Elbert Wright. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses E1 Paso Cantina, Incorporated, doing business at 1565 Adams Avenue; Chantry, Limited, doing business as Fat Freddy's Mexican Diner, 2949 Fairview Road; and Diana and James Peirano, doing business as Togo's Eatery, 1175 East Baker Street, Suite 26. Application frau AZ Wine Corporation, doing business as The Australian Wine Corporation, 245 Fischer Ave- nue, Suite A8 -C, for which parking has been approved for "Beer and Wine Importer" and "Beer and Wine Wholesaler"; however, Planning recanmended denial for "Off Sale Beer and Wine" because a Conditional Use Permit is required. Public Notice frau AT&T Cammunications of California, Incor- Utilities porated, that an application has been filed with the Canmission Public Utilities Canmi.ssion for limited regulatory flexibility. Smoking Letter fran J. B.. Johnson requesting the Council to Ordinance adopt the City of Long Beads smoking regulation ordi- nance. REJECTED CLAIMS On motion by Council Member Buffa, seconded by Council Member Wheeler, and, carried. 5-0, the claim fran Attorney Dean Kevin B. Connolly on behalf of Barbara Dean was rejected. Nussbaum On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the claim frau the law offices of Mizrahi arra Geffen on behalf of Paul Gary Nussbaum was rejected. ADMINISTRATIVE The City Manager recamnended that the City enter into a ACTIONS Joint Exercise Powers Agreement creating the Joint ,of Powers EMployee Benefit Authority. On motion by Council Joint Powers Member Buffa, seconded by Council Member Wheeler, Reso- Authority lution 87-107, being A RESOLUTION OF THE CITY COUNCIL OF Agreement THE CITY CF COSTA MESA, CALIFORNIA, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT FOR THE JOINT EXERCISE OF NOTION POWERS WITH OTHER PUBLIC AGENCIES AND CREATING THE JOINT Resolution 87-107 POWERS EMPLCKEE BENEFIT AUTHORITY TO ESTABLISH, MANAGE, Adopted OPERATE, AND MAINTAIN EMPLOYEE BENEFIT PROGRAN6 AS PRO- VIDED IN SAID AGREEMENT, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None g�� Bid Item No. 789 Rall -Up Gate for Police Building MOTION Awarded to Barr Door of Orange County Bid Item No. 790 45 Caliber Pistols and Magazines MOTION Awarded to Lathrop' s Shooters Supply Purchase cf . Proprietory Software from Systems Innovators MOTION Purchase Approved Change Order No. 1 Vance and Associates Roof i ng Bid Item 779 Re -roof City Buildings MOTION Change Order Approved Change Orders No. 1 and No. J & D Painting Bid Item 780 Paint Exterior of City Hall MOTION Change Orders Approved Bids received for Bid Item 789, Roll -Up Gate for Police Building, .are on file in the Clerk's office. On motion by Council Member Buffa, seconded by Council Member Wheeler, the contract was awarded to Barr Dior of South Orange County, Incorporated, 10015 Mairlands Boulevard, Unit A, .Irvine, for $8,547.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Bids received for Bid Item 790, 45 Caliber Automatic Pistols arra Magazines, are on file In the Clerk's office. On motion by Council Member Buffa, seconded by Council Member Wheeler, the contract was awarded to Lathrop's Shooters Supply, Incorporated, 5146 East Pima, Tucson, for $11,760.94. 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 Staff recanmended purchase of proprietary software for the Revenue Collection System from sole source vendor, Systems Innovators , Incorporated , Post Office Box 27 514 , Orlando, Florida, for $9,154.70. This is a sole source purchase because the equipment must be compatible with existing equipment. On motion by Council Member Buffa, seconded by Council Member Wheeler, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The DirectDr cf Public Services requested approval of Charge Order No. l for $3,774.00, to the contract with Vance and Associates Roofing, Incorporated, 837 West 17th Street, Costa Mesa, for additional work in connec- tion with Bid Item No. 779, Re -roof City Buildings. On motion by Council Member.Buffa, seconded by Council Member Wheeler, the change .order was approved by the following roll call vote: A)ES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: - COUNCIL MEMBERS: None The Direcbz)r cf Pub_ lic Services recommmnded approval of 2 Charge Order No. l for $9,950.00 and Change Order No. 2 for $3,250.00, to the contract with J & D Painting and Decorating Service, 13035 Lorne Street, North Hollywood, for additional work required in connection with Bid Item No. 780, Paint Exterior of City Hall Building. On motion by Council Member Buffa, seconded by Council Member Wheeler, the change orders were approved by the following roll call vote:_ AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order The Director of Public Services recommended approval of No. 4; Notice Change Order No. 4 for $18,040.36 to the contract with of Completion Blair Paving,, Incorporated, 4226 East La Palma Avenue, Blair Paving Anaheim, in connection with the Rehabilitation of Harbor 1 �� Rehabilitation of Boulevard, frau Baker Street to MacArthur Boulevard. Harbor Boulevard The change order was for final quantity adjustments to fran Baker Street reflect field measurements. All work has been canpleted to MacArthur to the satisfaction of the Director of Public Services. Boulevard On motion by Council Member Buffa, seconded by Council Member Meeler, the chancp .order was approved; the work MOTION accepted; the Clerk was authorized to file a Notice of Change Order Completion; authorization was given to release remaining Approved; Work retention funds 35 days thereafter; the Labor and Accepted Material Bond was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the follow- ing roll call vote: AYES:-, COUNCIL MEMBERS: Hall, Amburgey, Meeler, Ebrnbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: OOUNCI L MEMBERS: None Final Map for The Final Map was, presented for Tract No. 12558, Fair - Tract -No. 12558 view Development Company, 2510 North Shelley Circle, Fairview Develop- Costa Mesa; tree lots, 18.55 acres, located at 2501 ment Company Harbor Boulevard, for Phase II of the Fairview Housing project., On motion by Council Member Buffa, seconded by MOTION Council Member Wheeler, the map was approved; the Map Approved Council did accept on behalf of the City of Costa Mesa: (1) Easement fbr ingress and egress for Emergency and security vehicle purposes; (2.) An easement for a bike trail in accordance with the Master Plan of Bikeways, all as shown on said map; and did also accept on behalf of the City of Costa Mesa: (1) The vehicular access rights to Harbor Bo mlevard,. except at street intersec- tions and approved driveway locations within the limits of said map as released and relinquished; (2) The - diagonal corner cut-off at the corners of Merrimac Way and Harbor Boulevard; and did also approve subject map pursuant to the provisions of Section 66436(a) (3) (A) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City. The motion carried by the following roll c all . vote : AYES: OOUNCIL MEMBERS: Hall, Amburgey, 6dheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map and ubdivision Agreement were presented The Final Map arraSme Agreement for - for Tract No. 12761, Morten Cohen, 5662 Buckingham Tract No. 12761 Drive, Huntington Beach; six lots, 0.35 -acre, located at .Cohen 2222 Canyon Drive, for. condominium purposes. On motion by Council Member Buffa, seconded by Council Member MOTION Meeler, the map and agreement were approved; the Map and Agreement Council did also accept on behalf of the City the Approved ingress -egress easement for Emergency and security vehicle purposes over Lot 6; the map was approved pursu- ant to the provisions of Section 66436(a) (3) (A) of the Subdivision Map Act; the Clerk was autlorized to sign the map;. arra the Mayor and Clerk were authorized to sign the Subdivision Agreement on behalf of the City. The motion carried by- the hollowing roll call vote: A)ES: COUNCIL MEMEERS.: Hall, Amburgey, Meeler, Hornbuckle, Buffa NOES:COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: - None Refund to West The Development Services Director recanmended approval to refund a deposit of $4,000.00 to Linda West, 412 Snug Landscaping on Harbor Road, Newport Beach, for- a landscaping project at Viola Place.. 1800 Viola Place, which has been completed to the satis- faction of staff. On motion W Council Member Buffa, MOTION seconded by Council Member Meeler, the refund was Refund Approved approved by the following roll call vote: Agreement Land Architecture, Design Improvements. at Suburbia Park MOTION Agreement Approved Agreement . Cardoza-DiLal lo - Harrington Design the Group Picnic Facility at TeWinkle Park MOTION Agreement Approved Budget Adjustment No. 88 38/Fairview Park MOTION Adjustment Approved Budget Adjustment No. 88 39/Rea Community Center Improvements MOTION Adjustment Approved Budget.Adjustment No. 88-41/Golf Course Clubhouse MOTION Adjustment Approved Conference. Advance MOTION Advance Approved AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT:: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Ebrnbuckle, Buffa Ibne None The Director of Leisure .Services , requessted approval of an agreement not.to exceed $9,000.00 with Land Ardnitecr ture,-3151.Airway Avenue, Suite A-3, Costa Mesa, to design improvements at -Suburbia Park. On motion by Council Member.Buffa, seconded by Council Member [Wheeler, the , agreement was approved, and the Mayor arra Clerk were authorized. to sign on behalf of the City. The motion carried by. the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None The .Director of Leisure Services . recommended approval of an .agreement for $23,200.00 .with Cardoza-DiLallo- . Harrington, 151 _ Kalmus Drive,. Suite K-3, Costa. Mesa, to .design the group picnic facility at TeWinkle Park. On motion by Council Member Buffa, seconded by Council Member Wheeler, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following. roll call vote AYES:. COUNCIL MEMBERS: NOES: OOUNCIL MEMBERS: ABSENT: ` COUNCIL MEMBERS: Hall, Amburgey, Vheeler, Bbrnbuckle, Buffa Dbne None On motion by Council Member Buffo, seconded by Council Member :Wheeler, Budget- Adjustment No. 88-38 for $13,000..00, for . a geotechnical investigation for the construction of a bike path, . parking lots, restroans, picnic shelters, . and bicycle/pedestrian bridge at Fairview Park, vas approved. by. the following roll call vote: AYES: COUNCIL MEMBERS: NOES : , COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Meeler, Hornbuckle, Buffa Ibne None On motion by Council Member Buffa, seconded by Council Member Wheeler, .Bud'get Adjustment No. 88-39 for $15,755.00, to increase . funds , for improvemrents at Rea Cammunity Center, v%as approved by the following roll call vote: . AYES: COUNCIL MEMBERS: Hall, Amburgey,, kneeler, HDrnbuckle, Buffa NOES.: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:. None On motion by.,Council Member Buffa, seconded by Council Member Wheeler, Budget Adjustment No. 88 -Al for $13,000.00, io increase funds for replacing the air conditioning zystemi at the golf course clubhouse, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Meeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Council. Member Buffa., seconded by Council Member Wheeler, .a Conference Advance for $1,060'.00, for a police officer to attend the Homicide Investigation Conference in Seattle arra San Francisco, January 12-22, 1988. . was approved, by the, fb1lowing roll call vote: t Loftin Claim MOTION Claim Rejected AYES: COUNCIL MEMBERS: NOES:. COUNCIL MEMBERS: ABSENT:' COUNCIL MEMBERS: Hall, Amburgey, Meeler, Hornbuckle, Buffa INbne None Item 3(c) on the Consent Calendar was presented: Appli- cation for Leave to Present a Late Claim from Attorney Judith I. Lang on behalf of Lee Loftin. Staff recamiended denying the application; or, to grant the application but reject the claim. On motion by Council Member Council Member Theeler, and for Leave to Present a Late claim was rejected. Hornbuckle, seconded by carried 5-0, the Application Claim was granted and the Budget Adjustment Item 12(d) on the Consent Calendar was presented: No. 88-44/Pacific Budget Adjustment No. 88,44 for $10,000.00 to increase Amphitheatre funds fbr legal services in connection with the Pacific Amphitheatre lawsuit. Council Member Wheeler stated he has a conflict of interest and will be abstaining from participation in this matter. MOTION On motion by Council Member Hornbuckle, seconded by Adjustment Council Member Buf fa, the budget adjustment was approved Approved by the following roll call wte: AYES: COUNCIL MEMBERS: Hall, Amburgey Hornbuckle, Buffa NOES:. COUNCIL MEMBERS: Ibne .ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Uieeler Vice Mayor Amburgey announced that there is a possi bility Public Hearing No. 3 on the agenda might be continued due to new information received tonight. This item will be taken out of order and presented at this time for the convenience of the people in the audience wishing to address it. PTBLIC HEARING The Clerk announced the public hearing to consider an Appeal of PA -87-145 appeal of Condition. of Approval No. 2, "Hours of Tri State operation shall be ,limited to 6:00 a.m. to 10:00 p.m." Engineering/Exxon in connection with the Planning Commission's approval of Planning Action PA -87-145 from Tri State Engineering Company, Post Office Box 4214, Fullerton, authorized agent for Exxon Company, U.S.A. , a Division of Exxon_ Corporation, ,,1200 Smith Street, No. 1050, Houston, Texas., fbr a Conditional Use Permit to construct a mini- market at an existing gasoline service station located at 2490 Fairview Road in a Cl zone. Environmental Determination: Exempt. Also, the Clerk announced the public hearing to consider an application from the Fairview Village Homeowner's Association, 2479 Fairview Way, Costa Mesa, appealing the Planning Commiss.ion's approval of Planning Action PA -87-145. The Affidavits of Mailing are on file in the Clerk's office. Three communications have been received: Gary Barmore, Pastor, Fairview Community Church, 2525 Faiview Road, expressing apposition to a mini -market on this site; Dan E. Curtis, Vice -President, Fairview Village Hormowners Association, 163 Fairhaven Lane, expressing opposition do the development of an all-night mini -mart and self- service station; and., James and Lucinda Coggeshall, 161 Fairhaven Lane, in apposition to the proposed mini- market aryl self-service station. The Development Services Director presented staff's report arra background information. The Environmental Determination of "Exempt" was filed with the California Envirormntal Quality Act (SEQA), based on the new use essentially being similar in nature with the existing facility and with the same gasoline storage capacities. Subsequently, a homeowner in Fairview Village brought to staff's attention the fact that the nein proposal indi- cates an increase in gasoline storage capacity. Also, there are presently 12 gasoline dispensing nozzles and the proposal indicates 36. Therefore, staff cannot recommend an exemption under.SEQA since a provision in the law indicates it can only be used for similar type capacities and use. If Council approves the permit, the Development Services Director requested the itan be con- tinued to the next r seting to allow staff to prepare a Negative Declaration which would be appropriate. Council Member Hornbuckle recanmended continuance to the next Council neeting and encouraged the representatives of the homowne rs as sociat ion . along with Exxon represen- tatives to meet with staff regarding resolution to the problems expressed. Council Member ixbeeler agreed with these recamrendations. Franklin Cole, 2482 Fairview Way, representing the Fairview Village Homeowners Association, spoke in favor of a continuance, and discussing this matter with staff with the desire of reaching an agreemnt with Exxon. He then presented the two notices which were mailed in one envelope and .indicated one notice presenting the home- owners association application anitted the date, time and place of the ireeting. He requested re -noticing if a continuance is authorized. Gary Gatney,.Tri State Engineering Canpany, Post Office Box 4214, Fullerton, said continuing this item to the meeting of December 7, 1987, would not be an inconven- ience to them. MOTION On motion by Council Member Hornbuckle, seconded by Continued to Council Member Buffa, and carried 5-0, Planning Action Decanber 7, 1987 PA -87-145 was continued to the meeting of December 7, 1987, and staff was directed to re -notice the carmunity. OLD BUSINESS The Director of Public Services recanmended approval of Agreer ent with an agreer ent with C. J. Segerstrom and Sons, 3315 Segerstran Fairview Road, Costa Mesa, to provide for design ani construction of transportation improvements in connec- Improvements/South tion with the South Coast Plaza II expansion project in Coast Plaza II lieu of participation in the Developr Tent Trip Charge Expansion Program. He then presented the six projects as outlined in staff's menDrandum of November 10, 1987. Council Member Hornbuckle addressed Item No. 6 in staff's merorandum: Construct ramp improvements at 1-405 northbound' off -ramp at Harbor Boulevard. The Director of Public Services stated this project is estimated to _cost approximately $250,000.00, has already been designed, and is presently being reviewed by the California Department of Transportation for permit issuance, after which it will be returned to the City for contract award. Adequate funding for the project has been provided with the probability that some funds will be returned to the City. Sid Soffer, 900 Arbor Street, Costa Mesa, asked how these improvements related .to the South Coast Plaza II project, and the Public Services Director responded the improvements were contained in the Environmental Impact Report as regional -wide needs and since funds were to be made available for the regional improverrents the devel- oper offered :to design and administer the construction project in lieu of paying their fees. MOTION On motion by Council Member Wheeler, seconded by Council Agreerrent Member Buffa, theagreenent: was approved, and the Mayor Approved and Clerk were authorized to sign on behalf of the City. The motion carried by the fbllowin3 roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tnheeler, Fbrnbuckle, Buffa NOES:: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VARRANrS On motion by Council Member Fbrnbuckle, seconded by Council Member Wheeler, Warrant Resolution 1376, includ- Warrant 1376 ing Payroll 8722, was approved by the following roll Approved call wte: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Fbrnbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY The City Attorney requested authnrization to settle the REPORTS claim of Becky and Christy Pollard as detailed in staff's conf idential menorandum dated November 4, 1987. MOTION On motion by Council Member Wheeler, seconded by Council Settlenent Member Hornbuckle, the settlenent was authorized by the Authorized following roll call wte: AYES: COUNCIL MEMBERS: Hall, Amburgey, Meeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Closed Session Council agreed to hDld a closed session at the end of Authorized regular business to discuss the status of the lawsuit entitled Concerned Citizens of Costa Mesa v. Ned West, Incorporated, as requested in the. City Attorney,'s memor- andum dated November 12, 1987. Council Member Wheeler stated that due to his represen- tation of one of the attorney's for the Concerned Citizens of Costa Mesa, he has a conflict of interest and will not'be participating in the closed session regarding this matter. CITY MANAGER The City Manager presented the transportation managenent REPORTS staff reorganization as outlined in his memorandum of November 12, -1987, and attachment thereto. Transportat ion Management Staff Council Member Hornbuckle commended the City Manager and Reorganization staff fDr this response to Council's number one goal. MOTION A notion was made by Council Member Hornbuckle, seconded Reorganization by Council Member Buffa, and carried 5-0, to approve Approved staff's recottendaions as follows: 1. Authorize transfer of clerical personnel per Public Services Director's report dated October, 1987. 2. Approve reclassification of the position of Main- tenance Supervisor to Engineering Technician III. 3. Authorize addition cf the following positions to the Fiscal Year 19.87-88 budget as recommended in the Public Services Director's report dated October, 1987: A. Assistant Engineer B. Two Engineering Technicians I C.. One Engineering Technician II D. One Associate Engineer 4. Direct staf f to prepare a Budget Adjustment for the Council rreeting of_ December 7, 1987. Intergovernmental The City Manager recommended approval of a resolution Relations Officer establishing the classification of Intergovernmental Relations Officer as outlined in his memorandum dated November 13, 1987, and attachments thereto. Council Member Wheeler objected to the classification stating, in his opinion, there would be several negative effects to the. City's spending taxpayers' money to hire someone to sell the public on. sorrething that Council should be handling. Also, in his opinion, the pursuit of large scale development as a "solution" to the traf- fic problem would occur, and he does not believe this to be a solution. Council Member Buffa supported the position and foresees better coordination with various governriental agencies _ in obtaininxg .' obscure funds for various transportation projects. Council Member Hornbuckle said informing the public is a City responsibility and very important. She spoke in favor of the position, and felt it would relieve' staff of time presently spent in this regard. Council Member Wheeler said he has no objection to add- ing a professional lobbyist to secure additional funds, but objects to utilizing taxpayers' funds to sell the public a public relations program. MOTION On motion by Council Member Hornbuckle, seconded by Resolution.87-108 Council Member Buffa,.Resolution 87-108, being A RESO- Adopted; Staff LUrION CF THE CITY COUNCIL CE THE CITY OF COSTA MESA,_ Directed to Prepare CALIFOINIA, AMENDING RESOLUTION NO. 87-100 AND ADOPTING Budget Adjustment A NEW CLASSIFICATION UNDER THE EXECUTIVE SALARY SCHED- ULE, was adopted, and staff was directed to prepare a budget adjustment fpr the Council meeting of December 7, 1987. The motion carried by. the -following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Fbrnbuckle, Buffa NOES: COUNCIL MEMEERS : Wheeler ABSENT: COUNCIL MEMBERS: -None Implementation The City Manager presented implerrentation of Measure "C" of Measure "C" policy guidelines as outlined in his memorandum dated November 12, 1987, and requested input and further direction from Council. Council Member Hornbuckle reconmended that the first area for sidewalk repairs should be accomplished on school routes and near bus stops which are heavily used. MOTION After discussion, a. motion was made by Council Member Recamiendations - lbrnbuckle, seconded by Council Member Buffa, to approve Approved with the reconnenrlations. as stated in staff's memorandum with Additions/Changes additions and/or changes as follows: 1. Approve concept for.semi-annual, special edition of the -.Community Newsletter detailing the work performed and funds spent per voter approval of Measure "C", with a preview issue as soon as pcss ib le. J 1 2. Direct staff to prepare a Citizen Cammittee Forma- tion Application f3or a committee to oversee and make recommendations on parkway repair projects and construction of new sidewalks which would not cause these projects to be delayed in any way. 3. Approve concept for site signage for projects constructed pursuant to the provisions of Measure "C", and that no Council members names will appear on signs to be erected. Council Member 4thieeler spoke in opposition of spending taxpayers' dollars for special edition newsletters and site signage to sell the public on what a good 'job the Council is doing. In response to a question posed by Sid Soffer, the City Manager spoke about the guidelines used in connection with establishirg.the reccmmendat ions. The motion carried 4-1, Council Member V+iieeler voting no. PUBLIC HEARINGS The Clerk presented, frau the meeting of October 19, Rehearings/Gerais 1987, rehearings requested by Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, on the following items: Supplemental Resolution 87-82,' approving supplemental findings for Findings for Planning Action . PA 8.7-15, C. J. Segerstrom arra Sons, PA -87-15 3315 Fairview Road, Costa Mesa, for property located Segerstrom at One South.Coast,Place (Home Ranch site). GP -87-4 Resolution 87-85, approving General.Plan Amendment City of Costa GP -87-4, initiated by the City of Costa Mesa, concern - Mesa ing maximum dsvelopment intensity levels for the Segerstrom,property bordered by Harbor Boulevard, Sunflower Avenue, Fairview Road, and the I-405; the Arnel Develcpnent.property bordered by Bear Street and the I-405; Transpacific Development property bordered by Anton Boulevard and the 1,405; and the Sakioka property bordered by Sakioka Drive, Sunflower Avenue, Main Street, and the 55 Freeway. MOTION On motion by Council Member Hornbuckle, seconded by Held Over to Council Member V,heeler, and carried 5-0, these items December 7, 1987 were continued to the meeting of December 7, 1987, as requested in staff's memorandum of November 12, 1987. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of appeal of the Planning- Commission's denial of Planning PA -87-152 Action PA -87.152 from Frank Silva, 2467 Santa Ana Ave - Silva nue, Costa Mesa, fair a variance fran driveway width requirements with a Minor Conditional Use Permit to construct an accessory apartment above a new detached three -car garage, located at the above address in an R1 zone. Environmental Dete rminat ion : Exempt. The Af f i - davit of Mailing is on file .in the Clerk's office. No communications have been received. The Development Services Director made a visual presen- tation and gave background information as outlined in staff's memorandum of November 4, 1987. Bonnie Elder (no address given), speaking on behalf of Frank Silva, said this is not a typical RI zone, and there are several multiple units on the block. She presented Council with maps, and stated the only loca- tion where the code requirement of a minimum driveway width of 16 -feet cannot be net is between the property line and existing home. 2$0 Robin Larzelere, 212 Via Orvieto, Newport Beach, spoke in favor of this type of hcusing being a benefit to the cammun ity. There beim no other speakers, the Vice Mayor cicsed the public hearing. MOTION A notion was made PA -87-152 by Council Member Approved PA -87-152 subject Approval. by Council Member Buffa, and seconded Hernbuckle, to approve Planning Action to staff's findings and Conditions of Council Member Hornbuckle spoke in favor of granting a variance. Council Member Wheeler said granting a variance requires that there is something unusual about the property, and, in this instance, he does not feel there is anything unusual, and the condition exists because of what was built on the property by the aaners. Vice Mayor Amburgey asked Bonnie Elden if she agreed with the Conditions of Approval, and she replied yes. The motion carried 4-1,.Council Member TAheeler voting no. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of appeal cf the Planning Cammission's denial of Planning PA -87-161 Action PA -87-161 fran Robin Larzelere, 212 Via Orvieto, Larzelere/Tejeda Newport Beach, authorized agent.for Martin and Marsha Tejeda, 925 Junipero Dive, Costa Mesa, for a Condi- tional Use Permit for construction of a granny unit above an existing garage .with variances from front setback requirements and two open parking spaces, located at 925 Junipero Dive in an R1 zone. Environ- mental Detennination: Exempt. The Affidavit of Mailing is on file in the Clerk's office.. Db cammunications were received. The Develcpment Services Director presented background information as -outlined in staff's memorandum of October 23, 1987. Robin Larzelere, authorized agent, presented Council with a rendering, and indicated the proposed addition. She then addressed the reasons why, in her opinion, a - variance should be granted and Conditional Use Permit' approved. Sid Sof fer, 900 Arbor Street, Costa Mesa, spoke in favor of granting this variance. There being no further public speakers, the Vice Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by PA -87-161 Mayor Hall, to approve a Conditional Use Permit for Approved Planning Action PA -87-161, subject to staff's findings and Conditions of Approval, .and to approve the variance based on the irregular shape of the lot. Council Member Meeler stated he is in favor of granting the Conditional Use Permit but cannot support this as being an unusual circumstance for supporting a variance. Council Member Hornbuckle asked Council Member Buffa if he would consider separating his motion in two motions, and stated she would be in favor cf granting a Condi- tional use permit but opposes the variances. Ceuncil Member Buffa felt denying the variance from front setback requirements would make the Conditional Use Permit Jbr a granny unit a moot point and left the motion as originally presented. The motion carried 3-2, Council members Wheeler and Hornbuckle voting no. RECESS The Vice Mayor declared recess at 8:25 p.m., and the n eetirg reconvened* at 8:40 p.m. PTJBLIC HEARING The Clerk anncunced the public hearing to consider an Appeal of appeal cf the Planning Canmission's denial of Planning PA -87-170 Action PA -87=170 fran Otto Grunwald, autYnrized agent GrunwalcyBob for Bob Hix Pontiac, Incorporated, 2480 Harbor Boule- Hix Pontiac vard, Costa Mesa, fDr a variance from interior landscap- ing requirements at an expanded autanobile dealership, located at the above address in a CL zone. Environ mental Determination: Exempt. The Affidavit of Mailing is on file in the ' Clerk's office.. No carnnunications were received. The Development Services Director -presented background information and staff's memorandum dated November 9, 1987. This appeal is to anend a previously approved landscape variance `for vhici applicant has installed approximately 602 square feet of the required 715 square feet cf . interior landscaping. In response to questions posed by Council Members" Buffa and Hornbuckle, the Development Services Director ad -- dressed various landscaping measurenents and landscaping areas on the property. Council Member Hornbuckle asked if the issue is not one of square footages but the .fact that the landscaping plan variance, which was previously approved, has not been adhered `to, "and the Director ' of Develcpmant Services replied this is correct. Council Member Meeler asked if landscaping variances have been granted to other ailtanobile dealerships on Harbor Boulevard. The Director of Development Services replied that in same instances they have. Otto Grunwald, representing Bob -Hix Pontiac, Incorpor- ated, -presented the ' layout cf the lot and how, in their opinion, -additional landscaping would prevent visability Of their displays. He then addressed the improvements made. Mt' -Grunwald addressed varices reasons why they did not feel the previously approved landscaping variance was workable,, saying that an.entirely different perspective of the 'property -Was realized after the bank building was removed frau :the corner. .Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of granting the variance. There being no other"speakers, the Vice Mayor closed the public hearing, Council Member Buffa said staff has presented what is legally correct, "but* outweighing -this, he believes this dealership has replaced a previously hideous looking corner with very attractive landscaping arra open space. MOTION A ration was made by Council Member Buffa, seconded by PA -87-170 Mayor Hall, to approve Planning Action PA -87-170, revis- Approved ing the interior landscape requirement to 600 square feet of interior landscaping, subject to conditions con- tained in staff's report, with findings that existing Southern California Edison vaults, bas stops,.and other objects and easements in the area restrict visability on this site, justifying a lesser amount of landscaping. Council Member Wheeler stated the applicant has already had a 45 percent reduction from standards, and, in his opinion, there is no need for further reduction since there is nothing unusual about the size and shape of the lot. He does not feel attractive landscaping is suffi- cient ufficient grounds for granting an additional variance. Council Member Hornbuckle agreed that the location is presently nDre attractive than it has been, but spoke in opposition.to, a further reduction since the landscaping plan variance, vahich was previously agreed to but not adhered to, allowed for a considerable reduction of landscaping. The motion carried 3-2, Council Members Wheeler arra Hornbuckle voting no. PUBLIC HEARING The Clerk presented an ordinance relating to the defini Site Coverage tion of site coverage and the list of permitted uses in Definition and .the Planned Development Commercial zone. Environmental List of Per- Determination: Negative Declaration. The Affidavit of mitted Uses Publication is on file in the Clerk's office. No communications Aere received. The Development Services Director recommended approval of amrndments tro the Costa Mesa Municipal Code as out- lined in staff's memorandum dated November 10, 1987, and attachments thereto. The Development Services Director responded to questions from Council Member lbrnbuckle regarding open space, and site coverage. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, stated apposition to including parking structures into areas which would riot be included in the lot coverage. In addressing use, in her opinion, as proposed, there is 'no designation at all inasmuch as residential, retail, ' office, and industrial, are included, arra no guidance is provided. As far as a Negative Declaration, she felt an office use will have s igzif icantly higher peak volumes arra significant effects on traffic, and could lead to an intensification cf use. She did not agree with the designations given to D2, El, and F2 in the Study of Environmental Impacts. In cone lus ion , she said adoption " of this zoning admendment, at the present time, could. prejudice the current General Plan review that is being conducted.. ' Michael Nutter, 3469 Plumeria Place, Costa Mesa, felt both parking structures and surface parking lots should be included in site coverage to encourage parking struc- tures as opposed , io other types of parking. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed open space and intensification of use affecting parking. There being no other public speakers, the Vice Mayor closed the public hearing. s A notion was made by Council Member Buffa, seconded by Mayor Hall, to adopt the Negative Declaration of Envirormental Impact, and give Ordinance 87-24 first reading. At the request of Council Member Hornbuckle, Council Member Buffa agreed to add the following to his motion: The wording on page 2., number 3 (a), of the proposed ordinance, Section 13-251(2), be clanged to place the word "offices" after the words ..."retail shops" instead of after the words ..."but not limited to", and remove "etc." altogether. Responding to questions frau- Council Member Hornbuckle, the Development Services Director referred to the Code, stating the Planned Develapment,Ccaumercial (PDC) zone has two standards .which .apply to_ .develcpnent of a site. The site coverage standard which states the building structural area, as being defined tonight, cannot exceed 30 percent, with_ 25 -feet of open space required for every.parking space.provided on the site, excluding exterior boundarv,verimeter landscaping. Council Member Thee'ler said he cannot support the motion and, in his opinion, PDC zoning is no zoning at all. 'He stated that inclusion of all uses is not zoning and that is what is proposed by the ordinance. MOTION Ordinance 8,7-24, being_AN ORDINANCE OF THE CITY COUNCIL Ordinance 87-24 OF THE CITY CF ODSTA MESA, CALIFORNIA, AMENDING THE Given First COSTA MESA MUNICIPAL COM RELATING TO THE DEFINITION OF Reading with . SITE COVERAGE AND .THE LIST OF PERMITTED USES IN THE Amendments PLANNED DEVELOPMENT COMMERCIAL ZONE, was given first reading and passed -to second reading, including the following amendment.: 3. Amend , Sect ion .13-251(2 ). Planned Development Commercial. to read as follows: (a) Retail shops, offices, and service establish- ments, including but not limited to, hotels, restaurants, theaters, museums, financial insti- tutions, health clubs... The motion carried. by the following roll call vote: A)ES : , COUNCIL MEMBE RS: Hall, Amburgey, . Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Meeler ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk presented an ordinance amending the City sub - Amendment to division regulations providing for vesting subdivision Subdivision Regu- maps. The Affidavit of Publication is on file in the lations Clerk's office. No camnmications were received. .The Development Services Director presented background information and. staff's recannandations as outlined in their menorandum dated November 5, 1987. There being no speakers, the Vice Mayor closed the .public hearing. MOTION After discussion, on motion made by Council Member Ordinance 87-25 Hornbuckle, seconded by Council Member TAbeeler,- Ordi Given First nance 87-25, 'being AN ORDINANCE OF THE CITY COUNCIL CF Reading THE CITY CF COSTA MESA ESTABLISHING RMUTATION FOR VEST- ING TENTATIVE MAPS AND AMENDING THE ODSTA MESA MUNICIPAL ODIE REC-ARDING TENTATIVE MAP DURATION, was given first reading and passed to second reading by the following roll call vote: AYES: COUI-IL MEMBERS: Hall, Amburgey, TAheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented an ordinance revising Section 10 Authority and of the Costa Mesa Municipal Code relating to authority Duties of Traffic and duties cf the Traffic Commission and City staff. Commission/Staff The Public Services Director presented staff's findings and reccmrrendat ions as outlined in a memorandum dated November 6, 1987. The ordinance would lessen the Traf- fic Canmission's tine spent in responding bo requests, arra allow more available time for them to study and oversee future transportation planning and major developments. Council Member Hornbuckle referred to a typographical, error at the bottan of page 2 of the proposed ordinance, Section 10-47, states ..."to appeal to the Transpor- tation Services Commission." This will be corrected to read ..."to appeal to the Traffic Canmission." At the request of Vice Mayor Amburgey, the City Manager recited a provision to be placed under staff's findings in the proposed ordinance as follows: Staff's approval, in the areas referenced, shall be only in those cases where the actions taken meet established guidelines, standards, traffic studies, etc., and that actions outside, in excess of, or in variance with those, should go to the Traffic Commission irrespective of from whom they were initiated. Council Member Wheeler objected to these decision making responsibilities being shifted to staff. He said the public hearing process should remain and the responsi- bilities stay with the Traffic Canmission. Council Member Hornbuckle said the items being shifted to staff are generally considered tD be routine and non -controversial. MOTION On motion made by Council Member Hornbuckle, seconded Ordinance 87-26 by Mayor Hall, Ordinance 87-26, beim AN ORDINANCE CF Given First THE CITY COUNCIL CP,, THE CITY OF COSTA MESA, CALIFORNIA, Reading with AMENDII. SECTION 10 OF THE (DSM MESA MUNICIPAL CODE, Amendments was given first reading and.passed to second reading with an aner0ment indicating that unless an item meets criteria established by the guidelines, it would go before the Traffic Commission. The motion carried by - the fbl l owi ng roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: OOUI-IL MEMBERS: None Parking Trucks and The Cleric presented an ordinance restricting parking of Caumercial Vehicles trucks and canmercial vehicles on certain streets or highways, and setting a minimum fine for citations. The Director aE Public Services presented staff's find- ings arra recom mandation as outlined in their memrandum dated November 6, 1987, and proposed streets for posting if an ordinance is adopted., Michael Nutter, 3469 Plumeria Place, Costa Mesa, said there is no reference to the reccmmended minimum fine of $100.00 in the prcposed ordinance, and asked what the maximum fine would be. In addition, Section 10-185(f) L 1 r mentions truck parking overnight but does not mention canrrercial vehicles parking .overnight. He felt recrea- tional vehicles should also be addressed. The DirectDr of Public Services stated that an ordinance regarding recreational vehicles is being investigated. The City Attorney stated the maximum fine for a misde- meanor offense is $1,000.00. He recommended the wording ... "and Ccm er ical Veh is les" be added to Section 10-185(f) as indicated by Mr. Nutter, and as shown in Section. 10-185(g), after the words ..."Parking of Trucks." Mark Korando 582 Park Drive, Costa Mesa, spoke about weight of vehic=les 'aryl commercial licensing. Sid Soffer, 900 Arbor Street, Costa Mesa, said sizes of veh is les are .not always proportionate to weight, and expressed concern about the provision indicating parking for a certain period cf .time. Council Member Hornbuckle asked if other cities have ordinances similar V the one proposed, and the Public Services Director replied that they do, and the proposed ordinate does provide for citing, removal, or both, and not automatic removal In reply to a question frau Council Member Hornbuckle, the City Attorney stated ,the fine should be indicated in the ordinance and recommended that Section 10-185(h) be added stating a minimum fine of $100.00 per occurrence be made part cf the proposed ordinance. Sid Soffer, addressed illegally.parked vehicles and towi ng MOTION On motion by Council Member Hornbuckle, seconded by Ordinance 8.7-27 Council Member Meeler, Ordinance 87-27, being AN ORDI- Given First NANCE CF THE, CITY COUNCIL CF THE. CITY CF OJSTA MESA, Reading with CALIFORNIA, RESTRICTING THE PARKING CF TRUCKS AND Additions COMMERCIAL VEHICLES, was given first reading and passed to second reading with the following additions: Section 10-185(f),, first line, after the words ... ".(Truck Parking Overnight" , add "and Commercial Vehicles)"...; and, third ,line, after the words ..."or control cf,any" , add "truck or ccnmercial".. . Add Section 10-185(h), designating a minimum fine of $100.00 per citation. The motion carried by the fiollowing roll call vote: A)ES : COUNCIL MEMBERS: Hall, Amburgey, [nhleeler, Hornbuckle, Buffa NOES:, ODUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Hazardous The Clerk presented an ordinance regarding hazardous Materials materials disclosure. Disclosure The City Manager referenced staff's memorandum of November 10, .1987, and recommended approval of this proposed'. ordinance codifying the current regulatory arrangerrent with the enforcing agency, the County of Orange. Michael Nutter,, 3469.Plumeria Place, Costa Mesa, spoke in favor of the proposed ordinance. MOTION On motion by Council Member Wheeler, seconded by Council Ordinance 87-28 Member Buffa, Ordinance 87-28, being AN ORDINANCE CF THE Given First CITY COUNCIL CF 'THE CITY CF COSTA MESA, CALIFORNIA, CON - Reading CERNING HAZARDOUS MATERIALS DISCLOSURE, was given first reading' and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tnheeler, Ebrnbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None Council Meeting Procedures The Clerk presented an ordinance revising certain Council meetim oroc edures. The City Manager stated, in accordance with Council's prior direction, the City Attorney has prepared an ordinance as outlined in his memorandum of November 3, 1987, and attachment thereto. - Michael Nutter-, 3469 Plurreria Place, Costa Mesa, refer- enced Code sections regarding noticing and felt five additional days are required. Council Member Wheeler said the proceedings requiring an additional five days do not apply bo this type of proceeding. Sid Soffer, 900 Arbor Street, Costa Mesa, felt that additional days for noticing are required when service is by mail. Vice Mayor Amburgey stated that if the ordinance is given first reading, the City Attorney will have suffi- cient time to review the requirements and present an accurate opinion before second reading occurs. Council Member Wheeler stated two objections to the proposed ordinance. It puts Oral Communications to the end of the meeting and, in his opinion, will stifle public input. Also, ty placing the Invocation within the City's ordinances, a religious ceremony is being put into secular government in violation of the First Amend- ment requiring certain separation of church and state. Council Member Ebrnbuckle expressed opposition to the proposed ordinance because she disagrees with Oral Communications being put b:) the end of the meting, and does not feel it will be more convenient, nor more expeditious fbr the public. Council,Member Buffa spoke in favor of invocations, and supported Oral Cammunications at the end of the meeting so that scheduled items on the agenda can be adressed first, and people in the audience who wish to address then will not have to wait through Oral Canmunications. MOTION On motion by Council Member Buffa, seconded by Mayor Ordinance 87-29 Hall, Ordinance 87=29, being AN ORDIMNCE CF THE CITY Given First COUNCIL CF THE CITY CF COSTA MESA, CALIFORNIA, CON - Reading CERNING REVISION CF CERTAIN COUNCIL MEETING PROCEDURES, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: ` COUNCIL MEMBERS: Wheeler, lbrnbuckle ASSENT: COUNCIL MEMBERS: None Human Relations The Clerk presented a request to appoint 11 members to Committee the Human Relations Committee. The City Manager presented background information as outl i ned i n staf f' s memorandum of November 10, 19 87, arra attachrrent thereto. 1 MOTION On motion by,Council Member Hornbuckle, seconded by Members Mayor Hall, and carried 5-0, the fb1lowing people vire Appointed appointed to the Human Relations Committee: Mary Aguna, Juan Chavez, Eva Goodwin -Noriega, Rabbi Bernard King, Scott Mather, Margie Allard'Norton, Margaret Randall, Jonathan Sdziesel, Janis ScYnnauer, J. M. Vanderwalle, and Ellen Wright. The City Manager said, for liaison purposes, it would be appropriate for a Counc it member to be appointed to the committee. MOTION Council Member On motion by�by Mayor Hall, seconded by Council Member Hornbuckle Buffa, arra carried 5-0, Council Member Hornbuckle was Appointed appointed -to the Human Relations Committee. Municipal Access The City Manager presented a proposal for a cable tele- program vision program .to be produced by Council and staff with guidelines as outlined in his memorandum of November 13, 1987, arra attachment thereto. MOTION A motion was made by by Mayor Hall, seconded by Council Guidelines Member ,Buffa, to approve the guidelines as set forth in Approved staff's memorandum. The motion carried 4-1, Council Member Wheeler voting no. Council Member Wheeler stated opposition and said this could be accomplished utilizing existing Channel 3 pro- gramming. Further, he stated that this was another public relations effort to sell the public on the job the Council is doing. He also -stated that such programs would tend to keep the incumbents in office. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the topic of round -table .discussion. MOTION A motion was made by Council Member Hornbuckle, seconded Trial Period by Council Member Buffa, to set a trial period of six Established with months fDr this program with a formal review thereafter. Review Thereafter The motion carried 4-1, Council Member Wheeler voting no. Advertising/Costa The Clerk presented a request to place advertising in Mesa Cammun-ity the Costa Mesa Caramunity Information Directory, by Information Creative Network. Directory Council Member Wheeler said because he has a conflict of interest, ,he will not be .participating in discussions on this item, and will be abstaining from voting. Danise Curry, 1822 Newport Boulevard, Costa Mesa, repre- senting -Creative Network, presented background informa- tion on the magazine and information on the upcoming new publication for Costa Mesa. She said they want the residents to feel the magazine represents their City, and a copy of it is mailed to every home in Costa Mesa at no charge. Council Member Hornbuckle questioned advertising of restaurants outside the City and said if this is a Costa Mesa magazine it slDuld tout local businesses. There was discussion on advertising in the magazine. and the rates fDr it, along with prices f3or additional copies. motion A motion was made by Mayer Hall, seconded by Council Failed to Member Buffa, to- allocate $5,000.00 for advertising Carry artwork, and additional copies of the Costa Mesa Canmunity: Information Directory. Council Member Buffa spoke in favor of the motion but felt the amount proposed .was excessive, and asked Mayor Hal l ' if -he would consider allocating a lesser amount. Mayor Hall responded he -would not, and addressed costs of advertising. Vice Mayor Amburgey spoke in favor of the motion, and also addressed the cost of advertising. Council Member Hornbuckle had no objection to advertis- ing in the magazine but felt a one-half page ad would be sufficient, and that advertising promoting the City could be produced for a lesser amount. The motion failed to carry 2-2, Council Members' Buffa aril Hornbuckle voting no, and Countil Member Wheeler abstaining. MOTION A motion was made by Council Membr Buffa, seconded by Funds Mayor Hall, to allocate $4,000.00, and to authorize the Authorized City Manager to negotiate an agreement with Creative Network for two one-half page ads, including related artwork, and additional copies of the magazine. The motion carried by the fiollowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES:, COUNCIL MEMBERS: Hornbuckle ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Wheeler COUNCILMANIC Council Member Buffa addressed transportation and his COMMENTS concerns regarding it. In an effort do have more for- ward looking issues addressed, he will be putting an item on the next greeting's agenda recommending that a contest be conducted, and offering a monatery reward for the ideal transportation system relating bD the year 2010. Council Member Buffa will be addressing this recammen- dation in merrorandum form befpre the next greeting. Council Member Wheeler felt this should be discussed at a study session first. Council Member Buffa disagreed. Skateboard Council Member Buffa spoke in favor of skateboard bawls Bowls within the City. He presented information from other cities who have implemented them and gave the informa- tion to the City Manager fpr staff's review and recom- mendations . Equity Amendment Council Member Hornbuckle reported 25 cities in the Transportation County have approved the report made by the League of Super Committee California Cities Transportation Super Committee with Report amandrrents. An Equity Amendment to the report has been distributed to Council, and she requested action on it this evening. MOTION A nation was made by Council Member Hornbuckle, seconded Action Approved by Council Member Buffa, ani carried 5-0, to take action on the -Equity Amendment to the Transportation Super Committee Report this evening due to the fact next week's meeting date of the Transportation Super Cammit tee was not known until it was too late for the. item to be included on the agenda. MOTION A motion was made by Council Member Hornbuckle, seconded Support and by Mayor Hall, to support and adopt the Equity Amend - Adopt A andrrent Trent. Council Member ��heeler spoke in opposition to the notion. The motion carried 4-1, Council Member Wheeler voting no. 1 Prisoners cf Council Member Hornbuckle said December 13, 1987, has War Missing been designated as Prisoners of War Missing in Action in Action Day Day, arra recanmended a flag canmemorating this be obtained to fly at City Hall on that day. Staff will obtain a flag and Mayor Hall indicated a proclamation will also be prepared. Veterans Day Vice Mayor Amburgey canmended Council Member Buffa on Celebration the -\,bterans Day Celebration and said that it was a tribute to the City to have the Congressional Medal of Honor.recipients here. ADJOURNED TO At 11:30 p.m., the Vice Mayor adjourned the meeting to CLOSED SESSION a closed session in the first floor Conference Room to discuss pending litigation. Council Member Vdneeler restated that he has a conflict of interest and will not be participating in the closed sess ion. Concerned Citizens The Vice Mayor reconvened the meeting at 11:45 p.m., and of Ccsta Mesa v. action was taken concerning Concerned Citizens of Ccsta Ned West Mesa v. Ned West, Incorporated. MJTION A motion was made by Council Member Buffa, seconded by Fluids Council Member Hornbuckle, to allocate $3,280.00 to Sam Authorized Lane, 2044 Swan ]rive, Ccsta Mesa, for noise rmnitoring relating to the lawsuit. The motion carried by the following roll call vote: AYES: OOUNCIL MEMBERS:. Hall, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Amburgey ABSENT: OOUI-IL MEMBERS: V�beeler ADJOURNMENT At 11:50 p.m. , the Vice Mayor adjourned the meting to November 23, 1987, 6:30 p.m., at the Rea Canmunity Center Multi-purpose Roan, 661 Hamilton Street, Costa Mesa, to hold a public hearing concerning Supplemental Environnental Impact Report No. 1033S, and the proposed widening of Victoria Street frau Harbor Boulevard to Canyon drive. Mayor of the City of Ccsta Mesa ATTEST: , ` d p .City Clerk cf the. 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