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HomeMy WebLinkAbout07/18/1988 - City Councily�e ROLL CALL REGULAR MEETING'OF THE CITY COUNCIL CITY OF'COSTA MESA JULY 18, 1988 The City Council of the City of Costa Mesa, California, met in regular session July 18, 1988., at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa.. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend John Richardson, Harbor Christian,Fellowship. Council Members.Present: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Transportation Services Manager, City Clerk MINUTES On motion by Council Member Wheeler, seconded by Vice June 22, 28, and Mayor Amburgey,,and carried 5-0, minutes of the special July 5, 1988 meetings of June 22 and June 28, 1988, and the regular meting of July 5, 1988, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Vice Mayor Amburgey, and carried 5-0, to read all ordi- nances by title only. PRESENTATION Mayor Hall presented Robert Oman, Director of Finance, with an award for financial reporting achievement frau Financial Reporting the Government Finance Officers Association of the Achievement'Award United States and Canada. Robert Oman, who has received this award for the.tenth consecutive year, canplimented Ed Miller and other staff members for their outstanding work which has resulted in these awards. PROCLAMATION Council.Member Buffa read,a proclamation declaring July Brian Theriot 21-23, 1988, as "Brian '1heriot Days" in the City of Days Costa Mesa, and presented the document to Brian.. Council.Member Wheeler stated he wanted the minutes to reflect that this proclamation was not preparecl-on°his behalf. ANNOUNCEMENT Mayor Hall announced that New Business Item No. 2, reso- lutions adopting the Third Marine Air Wing at E1 Toro and Tustin Marine Bases and the Coast Guard Cutter Point Divide will be taken out of order and heard at this time. NEW BUSINESS Third Marine The City Manager outlined his memorandum dated July 14, Air Wing/Cast 1988. By adopting resolutions the City is acknowledging Guard Cutter the valued contributions which military personnel pro - Point Divide vide to our cmnunity. MOTION On motion by Council Member Hornbuckle, seconded by Resolution 88-50 Council Member Buffa, Resolution 88-50, being A RESOLU- Adopted. TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDPTING THE MARINE CORPS AIR STATIONS -WEST ON BEHALF OF THE CITY IN AN EFFORT TO FOSTER CIVIC APPREI✓IATION, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 665 Mayor Hall presented the resolution to Colonel Jack Wagner, United States Marine Corps. MOTION On motion by Council Member Hornbuckle, seconded by Resolution 88-51 Council Member Buffa, Resolution 88-51, being A RESOLU- Adopted TION OF'THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING COAST GUARD CUTTER "POINT DIVIDE" ON BEHALF OF THE CITY IN AN EFFORT TO FOSTER CIVIC APPRECIATION; was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS:- None ABSENT: COUNCIL MEMBERS: None Mayor Hall presented the resolution to Lieutenant J. G. Jon Beyer, United States Coast Guard. CONSENT CALENDAR The following items were removed fran the Consent Calendar: Item 4, Notice of Intention to Appeal or Solicit for Charitable Purpose frau We Tip; Item 5, Notice of Intention to Appeal or Solicit for Charitable Purpose frau Association of Deputy Marshals; Item 8(a), Contract Award for 1987-88 Street Maintenance, Street Reconstruction for Greenbrock Hanes; and Item 8(b), Contract Award for Northbound Interstate 405/Harbor Boulevard Off=Ramp Widening.` On motion by Council Member Buffa, seconded by Council Member,Hornbuckle, 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: None ABSENT: COUNCIL MEMBERS: None WRITTEN On motion by Council Member Buffa, seconded by Council COMMUNICATIONS Member Hornbuckle, Resolution 88-52 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Voluntary Water FORNIA, ADOPTING A VOLUNTARY WATER CONSERVATION PROGRAM Conservation REDUCING WATER CONSUMPTION BY TEN (10) PERCENT, was Program adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, MOTION Hornbuckle, Buffa Resolution 88-52 NOES: COUNCIL MEMBERS: None Adopted ABSENT: COUNCIL MEMBERS: None Petition Regarding On motion by Council Member Buffa, seconded by Council Center Street Member Hornbuckle, and carried 5-0, the petition signed by 15 Center Street residents requesting that the west MOTION end of the 750-800 block of'Center Street be deeded to Referred too adjacent lar&wners with -the condition that the Bevel- Sraff oper install a solid block wall across the street, was referred to the Development'Services Director and Public Services Director for a report. READING.FOLDER On motion by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, the following Read- ing Folder items were received and processed: Claims Claims received by the City Clerk: Tanya Dupray on behalf of Jasmine Weiss and Toby Weiss, Jr; Karolyn Herbert; Lacy McCauley; and One Day Paint and Body Center. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Little Jason's Foods, Incorporated, doing business as Little Jason's at 3125 Harbor Boulevard; Specialty 665 Restaurants.Corporation, doing business as McCormicks Landing,. 3180 Airway Avenue; Navarretta Massimo, doing business as Scampi, 1576 Newport Boulevard; RIBM One Corporation, doing business as Residence Inn Hotel, 881 Baker Street;'and I.'Magnin, Incorporated, 3333 Bristol Street. Local Agency Letter from the.Local Agency Formation Commission, Formation 1200 North Main Street, Suite 614, Santa Ana, cork - Commission cerning determination on proposed annexation to Mesa Consolidated Water District designated Annexation No. 8.8-1, located in the general area of Paularino Avenue and Bristol Street. WARRANTS On motion by Council Member Buffa, seconded by Council Member Hornbuckle, Warrant Resolution 1400, including MOTION Payroll'8814, was approved by the following roll call Warrant 1400 vote: Approved ,AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, ' Hornbuckle, Buffa 'NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS': None REJDCTED CLAIM On motion by.Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, the claim from Wishcorp, Wishcorp, was rejected. ADMINISTRATIVE Bids received the for Iowa Street Retaining Wall are on ACTIONS file in the Clerk's office. On motion by Council Member Buffa, seconded by Council Member Hornbuckle, the corn Iowa Street tract was awarded'to Granstron Masonry, 17000 South Retaining Wall Western Avenue, No.. 22, Gardena, for $48,000.00. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Awarded to _ Hornbuckle, Buffa Granstran Masonry, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Main- Staff requested approval to purchase an Ongoing -Main- tenance Contract tenance.Contract with a 30 -day cancellation clause for for TV System from Council Chambers television system from sole source Image Electronics vendor Image Electronics, 18430 Ward Street, Fountain Valley, for $10,000.00 per year. On motion by Council MOTION Member Buffa, seconded by Council Member Hornbuckle, the Purchase Approved 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 Purchase of Staff requested approval to purchase Professional Medical Services Medical Services fron'sole'source vendor, Bristol Park frau Bristol Park Medical Group, 722 Baker'Street, Costa Mesa,'for Medical Group $6,975.00. The services 'consist of 150 annual physicals. On motion by Council Member Buffa, seconded by Council MOTION Member Hornbuckle, the purchase was approved by the Purchase Approved following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "B" Staff reccmme,nded approval of Change Order "B" for McCulloch $26,250.00 to the contract with McCulloch Architects, Architects 260 Newport Center Drive, Suite 330, Newport Beach, for the Corporation Yard Consolidation Project. On motion Corporation Yard by Council Member Buffa, seconded by Council Member Consolidation Hornbuckle, the change order was approved by the follow - Project ing roll call.vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Change Order Hornbuckle, Buffa Approved NOES: COUNCIL MEMBERS:, None ABSENT: COUNCIL MEMBERS: None Agreement with The Police Chief requested approval of an agreement with City of Santa Ana the City of Santa, -Ana, 20 Civic Center Drive, Santa Ana, Helicopter Patrol for Costa Mesa Police Department to provide helicopter Services' -services. to -the Santa Ana Police Department at $397.26 per flight hour. On.motion by Council Member Buffa, MOTION seconded by Council Member ,Hornbuckle, the proposal was Agreement accepted and the City Manager was authorized to sign the Authorized agreement. 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 Addendum to The Director of,Leis-ure Services requested approval of Agreement with an Addendum Agreement with Harry S. Green, 1701 Golf Harry S. Green Course Drive, Costa'Mesa, changing the current contract for the management of the.concession operation.at the MOTION Costa Mesa Golf and Country Club -from a personal corn - Addendum Approved tract to a contract with a corporation, and extending the agreement to August 31, 1992. On motion by Council Member Buffa, seconded by Council Member Hornbuckle, the addendum 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: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion'of Street Street improvements for Parcel Map S-85-384 and Planning Improvements for Action -PA -85-189 have been completed to the satisfaction S-85-384 and of the Director of Public Services by Bristol Partners, PA -85 -189 -by 2699 White Road, Suite 150, Irvine, for property located Bristol Partners between 345 and 375 Bristol Street. On motion by Council Member Buffa, seconded'by Council Member Hornbuckle, the MOTION improvements were accepted, and the bonds were ordered Improvements exonerated. 'Ilse motion carried by the following roll Accepted call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS.::. None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing, continued fron Appeal of the meeting of May 15, 1988, to consider an appeal of ZE-84-157A3 the Planning Commission's decision concerning approval Federal Sign/ of Zone Exception ZE-84-157A3 from Dick Robillard,. Securty-Pacific/ Federal Sign/ORS, 3210 Crbddy.Way, Santa Ana, authorized Curci-England' agent for Security Pacific National Bank, 600 Wilshire Boulevard, Los Angeles, and.Curci-England Company, c/o Transpacific Development Company, 2377 Crenshaw Boule- vard, Torrance., -for an amendment to a Planned Signing Program,,located,at 555 Antero Boulevard in a PDC zone. Environmental Determination: Exempt. No communications were received. The Development Services Director reviewed his memoran- dun of July 11, 1988, and the Staff Report. The applicant is requesting two top story wall signs where one is currently permitted. The applicant is in agree- ment with the Planning Cciamission's action on area and letter height. Jerry,Blaschke, representing Security Pacific National, Bank, utilized transparencies and photographs to present the reasons.a special circumstance exists on the.site which necessitates two signs. The building's close proximity to the freeway would make one sign, parallel to the freeway, ineffective. Mr. Blaschke responded to questions posed by Council regarding designs for signs considered, other business signs within the.area, logo heights, and double -sided signs. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the sign ordinance and ,stated that if it were created today it probably would have been made a little more lenient. In summation, Jerry Blaschke stated that they are requesting two signs,. one for the east and one for the west side of the building,so that they can be seen from both the:.nor-.thbound and southbound lanes of Interstate 405 freeway. The Development Services Director stated that this is not an issue of the City Sign Code nor a variance. .The Transpacific Development Company submitted a Planned Signing Program and now -one of their tenants is re- questing a change to that program. There being no further public speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Amburgey, seconded by ZE-84-157A3 Council Member Buffa, to approve ZE-84-157A3 based on Approved the finding that one.sign would create a hardship due to the inability of people being able to read it, creating a traffic hazard because -of the building's proximity to the freeway;-and:subject to conditions contained in the Staff Report. Council Member Wheeler stated that by approving this request a special privilege would be granted which is not enjoyed by other businesses in the area. He will be opposing motion. Council Members Buffa and Hornbuckle supported the motion for reasons of visibility and safety, and the signs will not increase clutter. The motion carried 4-1, Council Member Wheeler voting no. PUBLIC HEARING The Clerk announced that this was the time and place set R-88-06 for the public hearing to consider Rezone Petition Kennedy/Hollis R-88-06 from Patrick R..Kennedy, 257 Santa.Isabel Avenue, Costa.Mesa, authorized agent for Hope Vieira Hollis, 9851 Lampson Avenue, Orden Grove, to rezone two CL parcels and one,R2 parcel to R3 at 1856 Placentia Avenue and 791 Center Street. Environmental Determination: Negative.Declaration. : The Affidavit of Publication is on file in the Clerk's office. No communications were received.: The Development Services Director summarized his memorandum dated July 12, 1988, and Staff Report. To satisfy minimum lot width and area requirements for an R3 rezone, a combination of lots is required. The three lots are currently zoned for high density residential under the General., Planand the applicant desires to have all three of the parcels zoned R3. The applicant has Planning Cammission approval for a lot line adjustment. Patrick Kennedy stated that they desire to build apart- ments on the sites and that this is the reason they are requesting the rezones. Jim Harrell, 781 Center.Street, Costa Mesa, referenced a.petition.submitted under Consent Calendar Item No. 2. He then presented -'a letter written by Louis Murphy, 777 Center Street, who was unable to attend the meeting due to.illriess, which objects to the requests for rezone if Center Street were left open to Placentia Avenue. If Center Street were made a cul-de-sac and a wall instal- led to close Center Street at Placentia Avenue, he would not -object to the rezone. -Jim Harrell stated that these statements can be considered a consensus from the people within the neighborhood. In response to a question posed by Council Member Wheeler, the Development Services Director stated that the maximum allowable number of units in R3 zones is one for every 2,000 square feet of land. Tom Margitan., 780 Center Street, Costa Mesa, stated that he would not object -to the rezones'if Center Street were made a cul-de-sac, otherwise he opposes the request. He •stated that everyone in..the neighborhood is concerned about an increase in crime. Harold.W..Holly,. 763 Center -Street, Costa Mesa, suppor- ted the rezones if the aforementioned cul-de-sac were provided. He presented Council with copies of a listing of crime -related incidents which have transpired within the neighborhood. Ross Pfautz, 1845 Anaheim Avenue, Costa Mesa, spoke in opposition to the rezones and opposed higher densities which create a hardship on City services. Mark Korando, 582 Park Drive, Costa Mesa, spoke in oppo- sition to the rezones and stated that he is concerned about the future and the ability of City services to support the densities being,approved. He opposes build- ing developments which, in'his.bpinion, would increase crime. Pat Kennedy stated that they are willing to work with the.people in the neighborhood and it is their desire to improve the area by building a quality project. At the request of Council'Member Wheeler, Pat Kennedy described other projectswithinthe City which they have built. He.also stated that they manage all their own projects. Sid Soffer., 900 Arbor Street, felt that it was important to mention that the applicant is not asking for anything other than what is allowed under the General Plan. He is concerned about building residential units on such a busy street. At the request of Mayor Hall, the Development Services Director. explained City policy guidelines under the General Plan which were established to encourage recon- struction and improvement. of older residential areas which are starting to deteriorate. Tb provide an incen- tive for this, and to provide the property owners with an opportunity to reconstruct, lot consolidations are encouraged with property owners being granted higher densities. 7( Jan Luymes, 592 Park Drive, Costa Mesa, stated that at the workshops regarding the General Plan, citizens indicated that they want lower densities, and in consi- dering this project, as well as others, Council should consider this. She spoke in favor of Council adopting policies to encourage the retention of single-family homes. Tom Margitan stated that Patrick Kennedy has good intern tions and if the recommendations suggested by Louis Murphy were approved, they would be of benefit to everyone. There being no further public speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Amburgey, seconded by Negative Declara- Council Member Hornbuckle, and carried 5-0, to adopt the tion Adopted Negative Declaration of Environmental Impact. MOTION A motion was made by Vice Mayor Amburgey, seconded by Ordinance 88-7 Council Member Buffa, to give first reading to Ordinance Given First 88-7, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Reading, Staff OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROP - Directed to ERTY.LOCATED AT 1856 PLACENTIA AVENUE AND 791 CENTER Prepare Reports STREET FROM R2 TO R3, with second reading and adoption being continued to the meeting of September 6, 1988, with reports being provided at that time frau the Directors of Public Services and Development Services regarding the request for closure of Center Street. Council Member Hornbuckle requested that this item be discussed at a Traffic Commission meeting and at a Plan- ning Commission study session before the September 6 Council meeting. The Director of Development Services and Transportation Services Manager were in agreement with these requests. Council'Member Wheeler addressed overcrowding in units and stated that the State sets the standard for over— crowding, and that enforcement of these laws is vested with the County Health Department, not the City. He addressed what is being accomplished regarding law enforcement and upgrading in this neighborhood. Council Member Wheeler stated that he will be voting in favor of the motion at this time but only with the clear understanding that unless there is a condition to in- clude the applicant in the improvements for a street closure, if a closure is deemed advisable, that he will not support the second reading of this ordinance. In his opinion, zoning the properties PDR -MD would be the proper solution. 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 RECESS The Mayor declared recess at 8:20 p.m., and the meeting reconvened at 8:35 p.m. PUBLIC HEARINGS •fie Clerk announced that this was the time and place set SP -79 -01A2 -and for the public hearings to consider a request from Glen R-88-05 Greener, 152 Monroe, Irvine, authorized agent for Rudy Greener/Mariman Mariman Trust, 341 Bayside Drive, Suite 3, Newport Beach. Environmental Determination: Negative Declaration. 1 Specific .Plan ,.SP -79-01A2, amending the maximum allow - ,able zoning to R4, in the area bordered by West 19th Street, Placentia,Avenue., Hamilton Street, and Pomona Avenue.. Rezone Petition R_88-05, to rezone properties at 1945-49, 1955,.and 1965 Pomona Avenue from R2 and R3 to R4. The Affidavit of'Publication is on file in the Clerk's office. , No communications were received. The Development Services Director outlined his memorandum of. July 11, 1988, and the Staff Report. The applicant is requesting R4 zoning iri Aa,Specific Plan area which currently allows a m11 aximum. R3 density. The Planning Commission denied the request citing incompatibility with neighboring R1 through A3 with properties and the- potential hepotential for intense development. Council Member Wheeler asked if there were any other R4 zoned properties in this area and the Development Ser- vices Director outlined -the properties which are zoned R4. Glen, Greener stated that they are requesting this rezone dependent upon a lot line adjustment. The three lots' would.becombined into one lot, a little over two acres in. size.. There are presently two 24 -unit buildings on the. two larger ,lots which would be completely renovated; the five units currently existing on the narrow R2 lot would be removed from the property and replaced with a new structure;,the landscaping upgraded both on the in- terior and, exterior of the property; and the planned parking and .traffic patterns would be configured so that traffic circulation would'-be'improved. These planned improvements will be an asset to'the neighborhood. Council Member Wheeler asked, if R4.zoning were approved, what,would,be the maximum number of units allowable on the property. --The Director'of-Development Services responded 61 units under'R4 zoning and 45 units with R3 zoning, without adding a density bonus under R3 zoning. A density bonus can only be.granted up to the maximum allowed by the General Plan. Jan Luymes, 592 Park'Drive, Costa Mesa, spoke in opposi- tion to the proposed project and rezoning of the property to R4. She expressed concern with higher densities within .the City,'expecially`on'the west side, and the additional problems they create. Mayor`Hall asked Glen Greener if he were aware of any other lot combinations in the area and Mr. Greener presented a study.which included photographs, indicating that the.,combination'of.lots to R4 zoning was virtually impossible in`the .surrounding area. Sid Soffer, 900 Arbor Street, Costa Mesa, asked what area is.being.considered for R4 zoning., and the Develop- ment Services Director provided a response. John Feeney, 1154. Dorset bane, Costa Mesa, stated that when.canpared to.other cities in the surrounding area, Costa Mesa has the'largest number of high density'areas. In his opinion, "if R4 zoning were approved for this pro- ject, it would set a precedent for the rest of the area to be rezoned R4 at some time in the future. Ross Pfautz, 1845 Anaheim .Street, Costa Mesa, opposed rezoning the property to R4. C Pat Dolan, 923 West 20th Street, Costa Mesa, President of the Mesa west Haneowners Association, opposed the rezone"request which he believes would create overdevel- opment of the area. Roy Pizarek, 270 Del Mar Avenue, Costa Mesa, spoke in opposition to higher densities beim approved within the community. In his opinion, this project would have a negative impact on the west side. In summation, Glen Greener stated that they are not re- questing sanething that is unusual or unique within the City; and, as the Development Services Director has previously stated, this is something that.is being of- fered as an incentive to improve property. In his opinion, the precedent for R4 zoning has already been set in the rest of the City with the exception of this _area, and that when this Specific Plan was originally_ passed, it encouraged R4 zoning. There being no further speakers, the Mayor closed the public hearing. Motion to Deny A motion was made by Council. Member Hornbuckle, seconded SP-79-01AZ by Council Member Wheeler, to deny the amendment to Failed.to Carry, Specific Plan SP -79-01A2, based on the fact that with i density bonuses -the same number of units could be built on R3 property as could be built on R4 property;.R3 zoning would not seta precedent for upzoning to R4 in this 'Specific Plan area; and based on the fact that the streets are suffering fran severe traffic and parking problems.. Council Member Buffa explained the reasons why he was in favor of the project. He stated,that the property.is presently developed at.R4 standards, and that approval il of the request wl represent thousands of dollars in upgrading on the property. He stated that the trip ends presented in the staff.report for this project indicate no increase in traffic impact because.of the proposed project. Council Member Wheeler spoke in opposition to the rezone and felt an upzoning to R4 for this property would be radical. In his opinion, R3 is the proper land use for this area, and he.opposes spot zoning. Council'Member•Hornbuckle felt that the surrounding area should be looked at when considering rezones and, in her opinion, this property does,not warrant a rezone to R4. A.discussion ensued regarding density bonuses, and low- -to -moderate -inane housing. The motion failed to carry 3-2, Mayor Hall, Vice Mayor Amburgey and Council Member Buffa voting no. MOTION On motion made by, Vice Mayor Amburgey, seconded by .Negative Declaration Council Member Buffa, and `carried 5-0, the Negative Approved Declaration of .Environmental.Impact was adopted. MOTION A motion was made by Council Member Buffa, seconded by SP -79-01A2 Vice Mayor Amburgey, to approve Specific Plan SP -79-01A2. Approved 'Ihe motion carried 3-2, Council Members Wheeler and Hornbuckle voting.no. . MOTION A motion was made.by Council Member Buffa, seconded by Ordinance 88-8 Vice-Mayor Amburgey V to give first reading to Ordinance Given First 88-8,-being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Reading OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING AT 1945- 49, 1955, AND 1965 POMONA AVENUE FROM R2 AND R3 TO R4, and to delay _second reading until such time as the lot lines are cembined. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey., Buffa NOES: COUNCIL MEMBERS: Wheeler, Hornbuckle ABSENT: COUNCIL MEMBERS:. None PUBLIC HEARING The Clerk-announced that this was the time and place set Appeal of PA-88-94 for thepublic hearing to. consider an appeal of the Plan- Pasco/Hickman ning Commission's denial of Planning Action PA-88-94 from Jean_ Pasco -and Greg Hickman, 208 Rochester Street, Costa Mesa, for a variance from parking requirements (four.required, two.proposed),An conjunction with con- struction of a second-unit-above an existing residence at that address in an R2 zone. Environmental Determinar tion: Exempt. The Affidavit of Mailing is on file in the Clerk'.s office. No ccm munications have been received. The Development, Services . Director summarized his mem orandum of July 13, 1988, and attachments thereto. Applicants propose to add a second floor unit above an existing residence in an R2 zone. The two units would generate a Code requirement for four parking spaces and the applicants propose to provide two of these required spaces (a two-car .garage already existing on the site) with the proposed driveway tandum parking being against Code requirements. The Director, by utilizing trans- parencies, outlined the property, proposed addition and parking. The Director stated that the issue in this matter is the conflict with the Code requirements. This is a single - family structure with a double-car garage and driveway which meets Code requirements for single -family residen- tial property. Men a.second _unit is added, multiple- family regulations apply and do,not allow tandum parking. If a variance were approved, he.reccmnended adding a,con- dition that the parking requirements, as required by Code, would be satisfied if the property is sold. Council Member Hornbuckle asked,if the proposed plan meets all requirements with the.exception_of the neces- sity-of a parking variance, and the Development Services Director responded affirmatively. Council Member Wheeler asked,if there were like proper- ties in the surrounding area for which similar requests have been approved. Vice Mayor Amburgey responded that properties et 373 and 375 Rochester Street have almost -identical circumstances. Jean Pasco referenced photographs previously presented to Council; a petition of 'support .from surrounding neighbors; and an explanatory letter on the proposed protect. She. stated they initially submitted a plan which complied-with Code parking requirements, but later decided to apply for a variance as this plan would have left them with only a very small grass area and three- forths of=the existing.back yard would be cement. She stated that this is not a tenant situation, and all three parties are owners and this is their home. 'Ihey do not intend to rent the new unit. �rrl� .,Jan Luymes, 592 Park Drive,, -Cosa Mesa, cited parking problems asj the.,reason sheAs opposed to the request. Mayor -Hall asked it the applicants were agreeable to all �-Condit'ions of Approval and.Jean Pasco replied that they were, adding that -they -would be -amenable to any type of restrictions Council wishes to _impose if the property were sold. 'there•being no further public speakers, the Mayor closed the - public hearing e MOTION A motion was -made by Council Member Buffa, seconded by PA -88-94 ViceMayor Amburgey:,: to.approve Planning.Action PA -88-94-, Approved subject to: -the Conditions of Approval, with the additional condition that•the required.parking be provided upon sale of the property.; -and based-on.the findings a site hard- : ship.exists-*due,to the configuration of the lot, and -to deny the variance would deny the owners property rights enjoyed by other• property owners in the area. Council-.Member.-Hornbuckle opposed the motion stating there was sufficient space on the property to furnish the additional Code required parking. In her opinion, approving thevariance would set a precedent for future requests in the area.. PUBLIC HEARING Time Limits ' to Commence Con- s.truction MOTION si Ordinance 88-9` Given First Reading OLD BUSINESS Concurrent Sales Alcohol/Fuel The motion-carried.4-1, Council -Member Hornbuckle voting no. The Clerk announced that this was the time and place set to consider.an amendment to the Costa Mesa Municipal Code regarding time limits to co mnence construction authorized by a.Variance,-Conditional,Use Pemlit, Development Review or Final Development Plan. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The,Development•Serv_ices.Director reviewed his memoran- dun-of July 11,,1988. There exists a potential conflict between the vested .rights time limit associated with a Vesting Map _and:the related planning project (Planning Action, Development Review, or Final Development Plan) time limit. Vesting Map approvals grant vested rights in -excess of the current one year approval period for related planning projects. To correct.this discrepancy, staff has drafted.an.ordinance which would extend the time limit to commence construction commensurate with the..time.limit associated with a related Vesting Map. There being no public speakers, the Mayor closed the public hearing. . A motion was made by Council'Member Hornbuckle, seconded by Vice=Mayor Amburgey, to give first reading to Ordi- nance 88-9,..eing AN'ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE COSTA ".MESA. MUNICIPAL CODE REGARDING TIME LIMITS TO COMMENCE CONSTRUCTION AUTHORIZED BY.VARIANCE, CONDITIONAL USE PERMIT, DEVELOPMENT -REVIEW OR FINAL DEVELOPMENT PLAN. The.inotion-carried-by the: -)following roll call vote: -AYES:- COUNCIL MEMBERS:- Hall, Amburgey, Wheeler, ::Hornbuckle, Buffa .NOES:, COUNCIL;MEMBERS:. None ABSENT: COUNCIL.MEMBERS: None The Clerk presented from the meeting of July 5, 1988, second reading and adoption of Ordinance 88-2, which regulates concurrent sales of Alcoholic Beverages and Motor Vehicle Fuels. 1 MOTION Ordinance Adopted The Development.-Services_Director stated second reading of this ordinance- was, held pending the ccanpletion of a study which evaluated .the City's current regulations regarding all businesses selling alcoholic beverages. The Alcoholic Beverage Sales Study was presented to Council at their` July 11,. 1988, -study session. The Director explained that:the options mentioned in staff's memorandum dated July 13, 1988,, are to be con- sidered under the Conditional Use Permit process and after second reading of the.ordinance. Frank`Cole, 2482 Fairview Way,.Costa Mesa, read a report prepared by the National Council on Alcoholism, regard- ing a,concurrent sales survey conducted by the Alcohol Advisory -Board of Orange County. He expressed concern with the number of police incidents connected with various types of Alcoholic Beverages Control Licenses within the City,as addressed in staff's Alcoholic Bever- age Sales Study, Page 8, under Issues Associated with Alcoholic Beverage Sales. Council.Member Meeler stated that he is familiar with the study referred to by Mr. Cole and he has found that it.co.ntains many.. inaccuracies. He spoke in favor of a proposed ordinance which.would require a Conditional Use Permit for the sale of alcoholic beverages from any type of facility within 200 feet of residential neighborhoods. Jan Luymes, 592 Park'Drive, Costa Mesa, spoke in opposi- tion.to the proposed ordinance and the concurrent sale of alcoholic. -beverages -and motor vehicle fuels. At the -request of Council Member Hornbuckle, the Develop- ment Services Director explained reasons for the proposed ordinance. Until January 1, 19.88, Cities did have authority. -to regulate concurrent sales of alcoholic beverages and motor vehicle fuels and this City chose to prohibit those.sales. The. State Legislature subsequently issued a directive that effective January 1, 1988, cities could no longer prohibit those concurrent sales. He stated that if the City would,continue to prohibit those sales it would be subject to litigation. As a conse- quence, the City Attorney drafted this proposed ordinance. Additional restrictions have been imposed within the ordinance, -and those restrictions will be regulated by the Development.Services.Department by the Conditional Use Permit process. Council Member Buffa'presented the reasons he is opposed to this ordinance and the State limiting the City's control. In his opinion, stronger restrictions should be imposed.. Mayor Hall asked the Development Services Director if theState Law states that cities may not prohibit but may regulate, and in adopting this ordinance, Council.is repealing.the previous prohibition. If Council desires to increase the level'of-regulation other than concur- rent sales, these actions would follow adoption of this.ordinance. The Director responded affirmatively to the Mayor's questions. On motion by Vice Mayor Amburgey,, seconded by Council 88-2 Member.Wheeler•,.Ordinance 88-2, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING THE LEGISLATIVE PROHIBITION OF CONCURRENT. SALES-- OF ALCOHOLIC; BEVERAGES AND MOTOR VEHICLE FUELS AND . C) 7 ti-ations 7 for INS, is presented in his memorandum. INS is th6'enforcEment,agenqy,,,however, as in all law en- forcement, our Police Department would assist that agency. On the. -subject of day wotkeirs, in staff's opinion, --the Lions Park area , is'not I a suitable hiring location, nor are the'locatians on -Placentia Avenue, which were dis- cussed at previous -meetings. The traffic on Placentia Avenue makes this an unsafe activity on that street. I I- ESTABLISHING A,PRCCEDURE FOR REGULATION OF SUCH CONCUR- RENT SALES, was gi.ven.sedond reading .and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey., Wheeler, Hornbuckle NOES: COUNCIL. MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None MOTION, A motion was made:by Council. Member Wheeler, seconded Staff to Pre- by Council Member Hornbuckle, to direct staff to prepare pare Ordinance an -.ordinance to allow re ulation within the Conditional Use Permit process for all businesses selling alcoholic �beverages within 300 feet of residential neighborhoods, ne facilities and that staff d,etenni"' how many restaurant would be enccmpassed.- by the limit of 300 feet. The motion'carr'ied'3-2 Mayor Hall.and Vice Mayor Amburgey voting; no. Resubmittal of, 'Ihe. Cler k presented for, second reading and adoption Applications Ordinance 88-6. MOTION On motion by Vice Mayor Amburgey, seconded byCouncil Ordinance 88-6 Member Wheeler, ordinance 88-6, being AN ORDINANCE OF Adopted MiE CITY'COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13, ARTICLES 23 AND 24, TO INCLUDE PROVISIONS LIMITING RESUBMITTAL OF APPLICATIONS FOR ..PLANNING ACTIONS AND AMENDMENTS TO THE OFFICIAL ZONING MAP,.was given second reading and adopted by the follow- ing 'roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey,, Wheeler, -Hornbuckle NOES: COUNCIL MEMBERS:' Buffa ABSENT: "COUNCIL MEMBERSi. None AMCESS Maypiq Hall declared recess at, 10:40 p,.m., and the meet- ing reconvened at 10:55 p.m. Day Workers The Cletk'-presented-fticm the meeting of July 5, 1988, reports-frcm-the.Cit;y Manager and Human Relations 'ing'the Cdarnitted concerning day workers. The City,_Maoageroutlinedhis..memorandurn of July -15, !-19,88,'whic.h'prdsepts.recamendations on two separate issue idn;.and dayworkers at various s.; illegal immigrat , locations within the City.- He also presented-recanmrr- dations.frau the; Human Relations CaMittee regarding day workers _ which-ar!'e" outline , d in a memorandum dated July 18, -1988i :and said.that 'a representative frau that committee is available to answer ques ions regarding the c(mmitte's reccnunendations. On the. -subject of illegal immigration, the City Manager stated the City has no ldgai,authority to enforce the provisions of the Immigration and Naturalization Act as approved by the Congress.of.the United States. The - and N'aturaliziati� ' Service (INS) is charged iqration ion with the sole.efik6rcelment authority for the provisions of this.,act.. The infonnation covered in a meeting with J[ohn'Br6chtal., Assist ia—Dii4tric t Director for Inve&- nt ti-ations 7 for INS, is presented in his memorandum. INS is th6'enforcEment,agenqy,,,however, as in all law en- forcement, our Police Department would assist that agency. On the. -subject of day wotkeirs, in staff's opinion, --the Lions Park area , is'not I a suitable hiring location, nor are the'locatians on -Placentia Avenue, which were dis- cussed at previous -meetings. The traffic on Placentia Avenue makes this an unsafe activity on that street. I I- 1 I. In..order to.Yiring day workers seeking employment to- gethef with employers tlie..City'Manager recommended the following,,as..outlined`' n"his memorandum of July 15, 1988:.` 1.. ",The,Costa-:-Mesa'Police Department should assign Reserve Police 'Officer, personnel to the Lions Park area to monitor.the'stuation, handle misdemeanor offenses,.and work with the day workers, employers, and general public to ensure the safety of all. If at all possible; these': officers should be bilingual and maintain `a high degree of visibility in the Area. 2. As`you know; the City is currently in the process of recruiting qualified individuals for the position of Park Ranger.. We'do expect this classification to be filled in the near; ,future ; . 'and would recammend that they supplant the efforts of the Reserve Police Officers accordingly. We would likewise recammend that bilingual individuals be sought for this posi- tion and„that they work closely with the Police- Department'and the Human 'Relations Committee. - 3.' If the - preceding” recaxmendations are approved by the City -Council , we would recamnend that a report docu- msenting the 'activitiein Lions. Park and the progress of the Human Relations.Committee in establishing a long-term employment operation be brought forward to the City Council within 90 days. 4.. If the preceding and related efforts are unsuccess- .-ful, the -City Council should.give consideration to the-adoption'of an ordinance prohibiting loitering on public property -or -some similar measure. The staff well understands the sensitivity of this subject and recammends due care in the consideration of such an ordinance. Over the course of the next 90 days, we would recommend -that .the.City Attorney's office thoroughly investigate the legality and the applicability of such a measure before bringing same before "the City `Council:" In reply. to a, question posed by Mayor Hall, the City Manager,stated-that a suitable -'location for day worker hiring activities could be.'arrived at in a relatively .-short, period. of time. Vice Mayor Amburgey.stated-that the City Manager has not addressed the problems of -.illegal aliens within the City..,He said he fully supports a suitable hiring loca- tion_for legal day workers. He said the City Manager's recommendations No. l and -2are already being accan- plished, and Item No. 3 would not bring back affimmtive action,to.the problem of illegal aliens in Lions Park. He also stated the -properties staff recommended for posting under the "provisions,of Penal Code Section 602(J);,;which relates to loitering, have already been posted. Council'.Member Hornbuckle stated that the second .substitute motion -made by ,Mayor Hall was the motion which passed.at the July'.5;-1988, Council meeting and it directed"the`Human Relations Committee and the City Manager.to submit recommendations concerning the day workers problems, and-does';address illegal aliens. Vice Mayor Amburgey stated that Mayor Hall's motion also included combining the.preceding motions which included his substitute motion addressing the issue. �z. Council Member Hornbuckle reported that the Human Rela- tions Camnittee:representative will be presenting the committee's recanmendations later in the meeting. This committee was appointed by Council and is made up of citizens within the community, and is not the County's Human Relations Commission which has been involved in this matter. Council Member Wheeler stated, as the City Manager indicated on the first page of his report, the City has no legal authority to enforce the provisions of the Immigration and Naturalization Act as;approved by the Congress of the United States. The INS is charged with. the sole enforcement authority for the provisions of this Act and, as a consequence, any restraints, arrests, or deportation of.an individual in this Country must be handled by.the INS. He stated this addresses the illegal alien problem.. Council Member Buffa stated that his primary concern is that of loitering,, and the City Manager provided a response to his questions regarding this. Scott Mather, 1115 Corona Lane, Costa Mesa, representing the City's Human Relations Committee, read the memorandum of July 18, 1988, from that committee which outlines the steps taken by them in arriving at the following recam- mendationsv Time Line 1. "Acculturation/Education Program — 180 days 2.. Hiring hall or co-op approach based — 180 days on California Employment Development Department 3. Ombudsman/Park Manager -- 90 days 4. Commmiunity Work Program — business 210 days involvement 5. Adult Daytime Soccer League run by -- 60 days Leisure Services" Mayor Hall cammmented that a successful relocation from PK Burgers to Lions Park wa"s.accanplished through fliers given to day workers as well' as'contractors. In his opinion, a successful relocation could again be accamr plished from Lions Park to a final location away from that immediate area. Council Member Hornbuckle expressed concern about.con- plications associated with relocations and felt this matter should'be approached with caution. Mayor Hall stated the community has expressed that they are uncanfortable with the park being used as a hiring hall.and supports implementation of the recommendations made by staff, especially the alternate hiring location. Council Member Hornbuckle felt that the recommendations made by staff should be implemented and said that solutions to the econamic problems of the citizens are not within the City'.s jurisdiction. Jan Luymes, 592 Park Drive, Costa Mesa, spoke in favor of a hiring hall being located somewhere other than at Lions Park, and.requested that the relocation be acccnr plished as soon as possible. She addressed the traffic problems associated with the day workers at Lions Park and supported more police within the park. Fran Reed, 555 Paularino Avenue, Costa Mesa, recce mended that people within .the community as well as the City, utilize the trade services which day workers can provide. .Louise Denton, 962 Joann Street, Costa Mesa, spoke in opposition to a hiring hall and stated that if people are here'legally they can go directly.to businesses to solicit work. She expressed concern about the problems associated with illegal aliens.. Ross Pfautz, 1845 Anaheim Street, Costa Mesa, was in agreement with'the.ccoments made earlier by Jan Luymes. Jamie Lee, 1833 West 8th Street, Los Angeles, felt that illegal aliens need to be supported and assisted, and that this is not a matter of legal versus illegal. She stated that the laws regarding applying for amnesty pre- vented thousands of people from applying for it. Anne-Hogan-Shereshevsky, 2152 Elden Avenue, Costa Mesa, felt illegal aliens need assistance and that ways should be found to help them. Sid Soffer, 900 Arbor Street, spoke in favor of a hiring hall. Anthony Sweet, 126 Monte Vista Avenue, Costa Mesa, felt that no problem exists, people can congregate for econanic and social reasons where they wish, and that the City has other problems which should be addressed. Mayor Hall stated that members of the cammunity have said that problems exist, and it is Council's responsi- bility to resolve those problems. Anthony Sweet stated that under Vice Mayor Amburgey's substitute motion in the meeting of July.5, 1988, there exists a watershed for hate and racism against the Mexicans. Richard Spix, 828 North Bristol, Santa Ana, stated that leadership with sensitivity is required to handle this matter. He said it is critical that a hiring hall be located within walking distance to where these people live. Carlos Ornelas, 525 Victoria Street, Costa Mesa, sup- ported the City Manager's re-ccmmendations regarding the INS, and supported a hiring hall to be located in an industrial area. Pat Dolan, -923 West 20th Street, Costa Mesa, addressed the impacts of the day workers on the caYmunity. He stated the 9.0 -day period presented under recammendation No. 3 in the City Manager's memorandum should be shoe` tend, and that something should be done to resolve the problem as rapidly as possible. He supported the idea for a hiring hall. He then spoke about the impacts of .-illegal aliens in our City and agreed with the format used by the City Manager in addressing this problem. Mr. Martella, 450 Victoria Street, Costa Mesa, cited problems in Lions Park and stated that he would like to see an end to them. John Feeney, 1154 Dorset Lane, Costa Mesa, supported a hiring hall for legal aliens, and stated his concern with charges being made regarding racism. r-. 0 . Maryann Somerville, 2080 Orange Avenue, Costa Mesa, Director of the child care center at the Downtown Com- munity Center located at Lions Park, stated that there are no.problems with the Mexican people in the park and.that she has experienced many good things frau her associations with people from different cultures. At the request of Council Member Hornbuckle, the City Manager reported that the purpose for Recanmendation No. 3 was to report on the following: Enforcement activities with the INS as referenced earlier in the report; results of the City's policing on the west side; and progress made by the Human Relations Carunittee in establishing a hiring location. Council Member Hornbuckle recamnended that the recon- mendations presented by the City Manager and the Human Relations Committee be discussed at a study session. Vice Mayor Amburgey presented background information on his previous recarmnendations which included a hiring hall for legal aliens. He also addressed the statements made regarding racism and presented what he and his family have done to support and assist the Hispanic community. He then proposed the following motions: 1. Direct the City Manager, through staff, to solve the problem of illegal aliens within the City. 2. Immediately establish a committee made up of two Council Members, and/or others, to develop a program of establishing a hiring hall for legal day workers. 3. That the Human Relations Committee continue their activities at the park and other areas within the City. Council Member Hornbuckle stated she would support the Vice -Mayor's second and third recommendations and said that the first recommendation was too vague and not be fair to staff; this is a problem for the INS to address. She would require more 'information on what the Vice Mayor is requesting of the City Manager before she could support this item. Vice Mayor Amburgey responded that the reason he made the first proposed motion in the manner presented was to leave it to the discretion of the professionals on how they would accomplish this particular task. He stated that INS has stated that "sweeps" were not the answer and, in his opinion, everyone concurs that this is not the total answer nor are employer sanctions. He said a complete use and mix of all related elements would be the answer. Further, INS has not refused to perform sweeps, nor have they refused to work in the City, but that they would prefer to have Council majority direc- tion before they work within the City. Council ..Member Wheeler reiterated that staff does not have the authority to enforce immigration laws and the only thing they could do would be to contact the INS and request them to conduct sweeps. He opposes sweeps. Council Member Buffa recommended suspending this discus- sion until such time as Council decides if the meeting will be continued to another date due to the lateness of the hour. Mayor Hall was, in favor of -finishing the Agenda at this tum. MOTION -A motion was made by Vice Mayor Amburgey,, seconded by Meeting.To Be Council Member Wheeler, to continue the remaining items Continued. on.the Agenda to Tuesday, -July 19, 1988, at 6:30 p..m. The motion carried 4-1, Mayor.Hall voting no. Discussion contined're-lating to day workers. Council Member Buffa asked the Vice Mayor to consider, .with regard to his first recommendation, directing the City Manager -to establish lines of ccmmunication with the INS every two weeks and to report back to Council so that there would bean open line of catmunication be- tween all concerned parties. MOTION A motion was made by Vice'Mayor Amburgey, seconded by Staff Directed Mayor Hall, to direct the City Manager to solve the to Solve -Problem problem of illegal aliens within the City and to include and Report Every, the INS as'a last resort;'and to direct the City Manager Two Weeks to prepare a report every two weeks regarding any INS involvements'which 'staff is aware of. Council Member`Hokn6uckle:objected to the motion and said directing the City Manager to solve the illegal alien problems without giving him clear direction is not fair to staff. She would support the second part of the motion only if it were made.a separate motion. Council Member Wheeler stated that a vote for this motion would be a vote directing staff to authorize INS sweeps. He is against sweeps in the City, and does not want to see misdemeanor offenses become harassment. He said use of a public park is an exercise of rights and equal protection of the laws is extended to everyone whether they are here legally or not. He believes this motion would only satisfy irrational fears which are based,on ignorance and racism. The motion carried 3-2, Council Members Wheeler and Hornbuckle voting no.. MOTION A motion was'made by Vice Mayor'Amburgey, seconded by Camnittee Mayor' Hall, to form a -committee to address the day Authorized to worker „issues including finding.a suitable location for Address Day a hiring hall, and -to direct the Mayor to appoint two Worker Issues Council Members to this canmittee which will also be canprised of staff-bembers,-and a representative frau the Human Relations CaLML ittee. Council Member Wheeler opposed the motion stating that he has',not, heard anything to'convince him that there is a 'necessity for .it.': Coundii. Member.Buffa.dommented'that he does not view this as a racial problem. ' He said the problems are that the gathering of men at street corners is a safety hazard and a tremendous,intimidation factor at businesses andsparks.­ these„locations are not meant to be used as hiring hauls. He supports the recammendation that a suitable location be found for a hiring hall. The motion carried 4-1, Council Member Wheeler voting no. Mayor Hall appointed Vice Mayor Amburgey and Council Member Hornbuckle to the committee to work in concert with the City Manager and a representative from the Human Relations Ca mittee. s - MOTION A motion was made by Vice Mayor Amburgey, seconded by Human Relations Council Member Wheeler, and carried 5-0, to accept the Committee Recom- recommendations made by the Human Relations Committee in mendations their memorandum dated July 18, 1988, and directing the Accepted committee to proceed with those recommendations which are applicable. MOTION A motion was made by Council Member Buffa, seconded by Staff Recamnen- Mayor Hall, to accept Recommendations No. 1 and No. 2 dations Authorized as set forth in the City Manager's memorandum dated with Modifications July 15, 1988; to amend Recommendation No. 3 to bring back a progress report within 60 days; and relating to Recanmendation No. 4, direct the City Attorney to inves- tigate the legality and applicability of an ordinance prohibiting loitering on public property for the meeting of August 1, 1988. Council Member Wheeler voiced objections to the motion. Council Member Hornbuckle opposed the motion because she objects to consideration of an ordinance prohibiting loitering on public property at this time. She concurs with staff's recommendations that an ordinance should only be considered if the other recommendations and related efforts are unsuccessful. The motion carried 3-2, Council Members Wheeler and Hornbuckle voting no. CITY MANAGER Mayor Hall asked the City Manager if it were critical REPORTS that a closed session to discuss personnel matters be held this evening. The City Manager responded that if Personnel Council has questions on his recommendations he would Matters suggest that a closed session be held; if not, he requested Council direction. MOTION/Staff to On motion made by Council Member Wheeler, seconded by Proceed with Vice Mayor Amburgey, and carried 5-0, the City Manager Reccm mendations was authorized to proceed in accordance with recd men - dations outlined in a confidential memorandum. COUNCILMANIC COMMENTS Council Member Wheeler stated that the Council Policy for adjourning meetings at midnight is a good one and after Council Policy Re- such a long day, apologized for losing his temper this garding Adjournment evening. Richard Spix Vice Mayor Amburgey commended Attorney Richard Spix for Commended the work he has done on behalf of the rights of the residents of the Aloha Palms trailer park. Mayor Will Not Mayor Hall announced that he will not seek re-election Seek Re-election to the City Council in November. He stated that he is proud of his accomplishments but recognizes sane things are left undone. He cited, among other things, pro- jects which have became political footballs; arguments not over opinions but for the sake of publicity; opin- ions which are shouted; bad manners and foul tempers which have been substituted for honest debate; and harassment which has replaced advocacy. Arguing against nonsensical positions held by people who know better has become very tiresome. On the positive side, he has had the opportunity of seeing Costa Mesa evolve into an excellent world class City. He is proud to have been at many groundbreaking ceremonies and will remain involved in Costa Mesa. In closing, he stated he appreciates the honor of having served in elected office in the City. Council Member Wheeler left the Council meeting as the Mayor started speaking and did not return. 1 I- ADJOURNMENT At 1:40 a.m.; the Mayor.adjourned the meeting to July 19, 198.8, at 6:30 p.m., in the Council Chambers of City Hall, to hold hearings on the remaining items on the Agenda -for July 18, 198871wenot heard because of the late hour. i ..Mayor of the City of Costa Mesa Ci4YClerk of the City of Cost sa `UL T�