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HomeMy WebLinkAbout11/21/1988 - City Council1 RBGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 21, 1988 The City Council of the City of Costa Mesa, California, met in regular session November 21, 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 Jim Nelson_, Orange Coast Universalist Church. ROLL CALL Council Members Present: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Council Members Absent: None Officials Present: City Manager, City Attorney, Deputy City Manager/Development Services, Assistant to the City Manager, City Clerk MINUTES On motion by Council Member Hornbuckle, seconded by Vice October 31, and Mayor Amburgey, and carried 5-0, the minutes of the Two for November special and adjourned regular meeting of October 31, 7, 1988 1988, special meeting of November 7, 1988, and regular meting of November 7, 1988, were approved as distrib- uted. ORDINANCES A motion was made, by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, to read all ordinances by title only. RECOGNITION Mayor Hall recognized former Mayors Alvin Pinkley and FORMER MAYORS Dom Raciti who were in the audience. GENERAL MUNICIPAL On motion by Council Member Hornbuckle, seconded by ELECTION Council Member Buffa, and carried 5-0, the following General Municipal Election items were continued to the MOTION meeting of December 5, 1988,=.due to the fact that the Items Continued election certification has not been received from the to December 5, 1988 County's Registrar of Voters: Resolution declaring results of the election held on November 8, 1988; Oaths of office; Election of Mayor; Mayor assumes office; and, Election of Vice Mayor. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 4(f), Claim from David I. White; Item 5(c), Bid Item No. 834, Rescue System; Item 14(b), Parking Prohibition on Parsons Street; and Item 14(c),. Parking Prohibition on Bernard Street. 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 COMMUNICATIONS A letter was received from Christine Smthers, Pine Brook Village Apartments Manager, 1555 Mesa Verde Drive MOTION/Speeding- East, concerning speeding vehicles exiting the Harbor Vehicles referred Village project. On motion by Council Member Buffa, to Transportation seconded by Council Member Hornbuckle, and carried 5-0, Commission this item was referred to the Transportation Commission. READING FOLDER On motion by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Glen Sato; and R. A. Vanasek. .Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: The Licenses Vons Companies, Incorporated, doing business as Vons, 2975 Harbor Boulevard; Jill Rosemary Dodd, doing business as The Ultimate Hostess, 1673 Irvine Avenue, Suite "L"; Orange Coast CVS, Incorporated, doing business as CVS Pharmacy, 1175-B Baker Street; and Paterno Castro and Mohammed Chaudhry, doing business as Shakey's, 2214-16 Newport Boulevard. WARRANTS On motion by Council Member Buffa, seconded by Council Member Hornbuckle, Warrant Resolution 1412, including MOTION Payroll 8823, was approved by the following roll call Warrant 1412 vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, the claim from Orma Crank O. Crank was rejected. Hill On motion by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, the claim from Greg Hill was rejected. McGauley On motion by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, the claim from Lacy McGauley was rejected. Bank of America On motion by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, the claim frcxn Bank of America was rejected. Guido On motion by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, the claim from Alamrosa Guido was rejected. ADMINISTRATIVE ACTIONS Bids received for Bid Item No. 829, Used Vehicles, are on file in the Clerk's office. A motion was made by Bid Item 829 Council Member Buffa, seconded by Council Member Used Vehicles Hornbuckle, to award contracts as follows: MOTION Exhibit "A", Three Used 1988 Chevrolet Celebrity Awarded to 4 -Door Sedans, Enterprise Rent A-Car/Leasing, 17210 Enterprise Rent- Main Street, Carson, for $31,323.00. A -Car and Hertz Car Sales Exhibit "B", One Used 1988 Ford Taurus Wagon GL, Hertz Car Sales, 9000 Airport Boulevard, Los Angeles, for $12,607.64. 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 Bid Item 832 Bids received for Bid Item 832, Five -gang Mowing Unit, Five -gang are on file in the ..Clerk's office. On motion by Council Mowing Unit Member Buffa, seconded by Council Member Hornbuckle, the contract was awarded to Pacific Equipment and Irrigation, 1 MOTION/Awarded to Incorporated, Post Office Box 8000, City of Industry, Pacific Equipment for $9,004.70. The motion carried by the following roll and Irrigation 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 a maintenance Ccmputer-Main- service contract for the Multisonic computer located in tenance Service the Transportation Services Division from sole source Contract vendor, Multisonics, Incorporated, 144 West Amerige Multisonics Avenue, Fullerton, for $7,800.00 per year. On motion Incorported by Council Member Buffa, seconded by Council Member Hornbuckle, the purchase was approved by the following MOTION roll call vote: Purchase Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Staff requested approval to purchase an online data Online Data entry software package from sole source vendor, TSI Entry Software International, 295 Westport Avenue, Norwalk, Connecticut, TSI International for $28,750.00, which includes installation, training, and the first year's maintenance. 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 Change Order No. 2 Damon Construction 1988-89 Annual Contract for Parkway Maintenance MOTION Change Order Approved Staff recommended approval of Change Order No. 2 for $11,313.00 to the contract with Damon Construction Company, 500 East Gardena Boulevard, Gardena, in con- nection with the 1988-89 Annual Contract for Parkway Maintenance.The change order is required to complete the cul-de-sac at Terminal Way. On motion by Council Member Buffa, seconded by Council Member Hornbuckle, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES:. COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None Completion of Alley improvements adjacent to 1301 Baker Street in Alley Improvements connection with Development Review Det -86-59 have been for DR -86-59 by completed to the satisfaction of staff by Nabahani Nabahani Company Company, 19 Warmspring, Irvine. On motion by Council Member Buffa, seconded by Council Member Hornbuckle, the MOTION improvements were accepted, -and the cash certificate of Improvements deposit was ordered exonerated. The motion carried by Accepted the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler; Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of Street improvements for Planning Action PA -87-10 have Street Improvements been completed to the satisfaction of staff by Ward for PA -87-10 by Investment Company,.2110 Newport Boulevard, Unit 1, Costa Ward Investment Mesa, for property located at 2070 Newport Boulevard. Company On motion by Council Member Buffa, seconded by Council Member Hornbuckle, the improvements were accepted, and MOTION the bonds were ordered exonerated. The motion carried Improvements by the following roll call vote: Accepted AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 4 Application for Grant Funds Fairview Park MOTION Resolution 88-93 Adopted Methanol Fleet Vehicle Program MOTION Resolution 88-9.4 Adopted On motion by Council Member Buffa, seconded by Council Member Hornbuckle, Resolution 88-93, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE CALIFORNIA PARKLANDS ACI' OF 1980 FOR THE DEVELOPMENT OF FAIRVIEW PARK, A 200 ACRE FACILITY, LOCATED WITHIN THE BOUNDARIES OF COSTA MESA, was adopted'by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by'Council Member Buffa, seconded by Council Member Hornbuckle, Resolution 88-94, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,'CALI- FORNIA, REGARDING CITY PARTICIPATION IN A METHANOL FLEET VEHICLE PROGRAM, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None Conference Advance A motion was made by Council Member Buffa, seconded by 1 Council Member Hornbuckle, to approve a Conference MOTION Advance for $935.00 for a.police officer to attend a Advance Approved management course in San Diego, November 28 to December 9, 1988. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Transportation Ccmission recatmended that parking on LaSalle Avenue be prohibited along both curbs of LaSalle Avenue frau Mission Drive to Sonora Road on Mondays, 8:00 a.m. to MOTION 10:00 a.m., for street sweeping. On motion by Council. Resolution 88-95 Member Buffa, seconded by Council Member Hornbuckle, Adopted Resolution 88-95, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARK- ING ON A PORTION OF L.ASALLE AVENUE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The -Final Map was presented for Tract 13348, Fairview Tract 13348 Management Company, 2520 Merrimac Way, Costa Mesa; one Fairview Manage- lot, 4.80 acres, located at 2501 Harbor Boulevard, ment Canpany within the Fairview Hospital property, for 22 single .family homes and 8 intermediate care facilities. On MOTION motion by Council Member Buffa, seconded by Council Map Approved Member Hornbuckle, the map was approved; Council did accept on behalf of the City of Costa Mesa an easement for ingress and egress for emrgency security vehicle ;purposes; 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 said map ,on behalf of the City.. The motion carried by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 Final Map for The final -map was presented for Tract 13526, Briggs. Tract 13526 Equities, 4500 Caanpus Drive, Suite 215, Newport Beach; Briggs Equities one lot, 0.45 -acre; located at 2537 Orange Avenue, for condominium purposes. On motion by Council Member MOTION Buffa; seconded by Council Member Hornbuckle, the map Map Approved was approved; and Council 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 said map 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 Tax Transfer on On motion by Council Member Buffa, seconded by Council East 21st Street Member Hornbuckle, Resolution 88-96, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- MOTION FORNIA, CONFIRMING THE APPLICATION OF THE MASTER Resolution 88-96 PROPERTY TAX TRANSFER AGREEMENT FOR THE PROPOSED ANNEXA - Adopted TION OF PROPERTY LOCATED AT 320 EAST 21ST STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Indemnity and Hold Staff recommended approval of an Indemnity and Hold Harmless Agreement/ Harmless Agreement with the'City,of Newport Beach Fire City of Newport Department, 3300 Newport Boulevard, Newport Beach, for Beach maintenance'of the City of Costa Mesa's Scott Breathing Apparatus. On motion by Council Member Buffa, seconded Scott Breathing by Council Member Hornbuckle, the agreement was approved, Apparatus and the Mayor authorized to sign on behalf of the City. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Agreement Hornbuckle, Buffa Approved NOES: COUNCIL MEMBERS: None 'ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Appeal of PA -88-142 for the public hearing to consider the appeal of the Miller Planning Commission's denial of Planning Action PA -88-142 from Robert Miller, 830 Governor Street, Costa Mesa, for a variance from side setback requirements (5 feet re- quired-, 3 feet proposed for ground floor; 2 feet proposed' for top story).to allow expansion of a single-family residence, with a variance from maximum driveway slope standards (5-10,percent permitted; 18 percent proposed) to the proposed basement garage, located at the above address in an R1'zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Deputy City Manager presented background information contained in staff's memorandum dated November 17, 1988, and attachments thereto. He then presented the proposed project by utilizing transparencies. Staff has concluded that there are no special circumstances which would warrant the granting of these requested variances. In response to a question.posed by Council Member Wheeler, the Deputy City'Manager stated that an adjacent residence has a'setback of three feet. Robert Miller read from a prepared outline and presented events which have occurred leading up to this appeal and the reasons he is requesting Council's approval of the project as proposed. Council has previously received a petition signed by 18 surrounding residents stating no objection to the project. Mayor Hall asked if the applicant was agreeable to all proposed conditions, and Mr. Miller responded that he was. Council Member Buffa asked Mr. Miller if he would be agreeable to considering the alternatives presented by :the Planning Ccamnission regarding the degree of slope for the driveway,to the subterranean garage and a set- back of three feet for both floors. Mr. Miller responded affirmatively. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of granting these variances stating projects of this nature would keep neighborhoods low density, insure that traffic would increase at the slowest possible rate, and create no -slum neighborhoods for the future. . There being no further speakers, the Mayor closed the public..hearing. MOTION A motion was made by Vice Mayor Amburgey, seconded by PA -88 -142. -Approved, Council Member Buffa., to approve PA -88-142 based on the Conditions -Added finding that strict application of the zoning ordinance would deprive the property owner of privileges enjoyed by other property owners in the vicinity under the identical zoning classification; subject to Conditions of Approval contained in the Staff Report, and two 'additional Conditions: the second story shall also be limited to a three-foot setback; and the applicant shall meet with staff to.reach an agreement, approved by the Deputy City Manager/Development Services, regarding the degree of driveway slope -.angle for the proposed subter- ranean garage. Council Member Wheeler stated that he is unable to support the motion in that there are no findings to grant a.variance for driveway slope. .Council Member Hornbuckle stated she cannot support a driveway slope at the degree proposed, and is concerned about safety factors connected with it. .The motion carried.3-2, Council Members Wheeler and Hornbuckle voting no. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -88-163 set for .the public hearing.to consider an appeal of the Mueller/Wayland ,Planning Commission's denial of Planning Action ;PA --88-163 from John Mueller, John's Hand Car Wash, authorized agent for Carol Wayland, Post Office Box 2531, Newport Beach, for a sign variance to exceed maximum sign height.and area requirements (7 feet, 15 square feet allowed; 15-feet,.35 square feet proposed) at 1960 Newport Boulevard in a C2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office.. No cc munications have been rece ived . .The Deputy City Manager presented slides of the property and background information which is contained in staff's memorandum dated November 15, 1988, and attached Staff Report. The applicant is.appealing the decision on the grounds that a larger sign is necessary to prevent auto- mobile accidents resulting from vehicles slowing suddenly to turn into the driveway. Staff has observed cars being parked and dried in the 24 -foot wide driveway on several -occasions and has advised the applicant that this practice creates a:potentially hazardous condition. J Discussion followed regarding possible relocation of the sign on the site. John Mueller objected to some of staff's findings and felt there are several special circumstances which would warrant,a.sign variance. He stated that his business creates a greater volume of traffic than most businesses along Newport Boulevard, and the inability for motorists to see his sign in sufficient time to slow down and turn into his business creates a safety hazard. Discussion followed regarding the safety hazard created when automobiles are dried in the narrow driveway which is both the entrance and exit for the business. Council Member Hornbuckle felt the problems being encountered have nothing to do with the sign, and the problem of fast moving traffic along Newport Boulevard is not scmething�,that a change in signing would control. Jeff Crosley, owner of J.R.'s Detailing, 1966 Newport Boulevard, spoke in opposition to granting a sign variance for this particular business and stated that it would be unfair to other businesses in the area if a larger sign were permitted for this business only. In his opinion, a larger sign would not create a safer traffic situation. Michael Nutter, 3469 Plumeria Place, Costa Mesa, spoke in .favor of granting this sign variance. He also addressed the speed of traffic along Newport Boulevard. Mayor Hall asked the applicant, if a variance is ap- proved, would he agree to all Conditions of Approval, and Mr. Mueller responded that he would. Council Member Wheeler stated that approving this variance would grant this applicant a special privilege not enjoyed by other businesses along Newport Boulevard. MOTION . A motion was made by Council Member Wheeler, seconded PA -88-163 Denied by Vice Mayor Amburgey, and carried 5-0, to deny Planning Action PA=88-163.. This request does not meet, any of the three criteria required under Council Policy 500-2 for acceptance for processing, but staff believes that a special circum- stance exists in that present development on two of the properties do not conform with the present zoning Council Member Hornbuckle felt it would be advantageous to have .the street address on the sign and requested .staff,to investigate if.there was a requirement for this when the permit for the present sign was issued. NEW BUSINESS The Clerk presented a request to process a General Plan Amendment from Keith Hosfiel, Pearl Sze, Kenneth and Request to Process Marilyn Witzel, and -C. W. and Anne Laurent, to change General Plan Amend- the land use designation from Low Density Residential to ment, Hosfiel/Sze/ Medium Density Resident_ial.at 1664, 1668, and 1672 Witzel/Laurent Tustin Avenue. The Deputy City Manager outlined the process for General Plan Amendment requests. Two applications have been filed for the February Planning Ccmission General Plan Amendment hearing date. He then presented background information contained in staff's memorandum of November 10, 1988. This request does not meet, any of the three criteria required under Council Policy 500-2 for acceptance for processing, but staff believes that a special circum- stance exists in that present development on two of the properties do not conform with the present zoning and General Plan. He recommended approval of this request so staff would have an opportunity to study it and present their recommendations to the Planning Com- mission in February, 1989. Keith Hosfiel, 1300 Kings Road, Newport Beach, requested approval of the request and stated that development of multiple units on the third lot would be advantageous in this area as they would abut commercial development. Stephen Goldberger, 3036 Java Road, Costa Mesa, spoke in opposition to granting this request and stated that the rational of the adjoining lots having development not allowed by the zoning does not warrant considering this request. MOTION A motion was made by Vice Mayor Amburgey, seconded by Request Denied Mayor Hall, to accept the request 'to process a General Plan -Amendment. Council Member Wheeler stated he opposes the motion. Staff has stated that this does not conform to the criteria required for granting a request to process a General Plan Amendment. In his opinion, the new General Plan should be completed before considering this type of request. He also agreed with the comments made by Dr. Goldberger. The motion failed to carry 3-2, Council Members Wheeler, Hornbuckle, and Buffa voting no. Request to Process The Clerk presented a request to process a General Plan General Plan Amendment fran Zand and Company, Incorporated, 1151 Dove Amendment 'Street, Suite 290, Newport Beach, authorized agent for Zand/Coast Coast Community College District, 1370 Adams Avenue, to Community College change the land use designation from Public and Semi- public to Commercial Center and/or High Density Residential at 1370 Adams Avenue. A letter has been received fron C. Eugene Hutchins, 1808 Kinglet Court, Costa Mesa, requesting denial of the request, and a petition signed by 525 Costa Mesa resi- dents was presented also requesting denial. ,The Deputy City Manager stated that the property was recently re -designated and the present land use designa- tion conforms to the General Plan. Staff is recommending denial of this request based on the acceptance criteria. Vice Mayor Amburgey stated that he received a telephone call this evening from Dr. Alfred Fernandez, Coast Community College District President. Dr. Fernandez ,indicated that the District just recently received information that they were scheduled on the agenda, and are requesting that the item be continued to the second meeting in December. MOTION On motion by Vice Mayor Amburgey, seconded by Council Continued to Member Hornbuckle, and carried 5-0, this item was December 19, 1988 continued to the meeting of December 19, 1988, at 6:30 p.m. Historical Society The Clerk presented a request for funding from the Costa Request for Funding Mesa Historical Society. The City Manager presented information contained in his memorandum dated November 17, 1988. Normally such requests are presented in January and June of each year. The Historical Society is asking that Council give their request request special consideration based upon the time con- straints of the project. The funding requested would be used for the reprinting of a centennial edition of "The SAAAB Story:" Charles Beecher, 200 Magnolia Street, Costa Mesa, President of the Society, stated only a small supply of these books remain. He requested City participation as outlined in staff's memorandum, so that the history of the Santa Ana Arany Air Base can be made available for sale by the Society. Motion A motion was made by Council Member Hornbuckle, seconded To Approve Request by Vice Mayor Amburgey, to approve the request for Withdrawn funding as outlined in staff's memorandum dated November 17, 1988. Council Member Wheeler felt Council Member Hornbuckle should abstain frcm voting as she is on the Board of Directors for the Society and has a moral conflict of interest. He also objected to authorizing funds at this time; lessening the allotment available for the requests to be presented in January, 1989. He did not believe the benefits derived by the residents of Costa Mesa justifies the cost and said that the money could be used more advantageously. Council Member Hornbuckle asked the City Attorney if a conflict of interest existed., The City Attorney re- sponded that the loan aspect of the request could create a possible conflict, but not the fact that she is on the Board of Directors of the Society. Council Member Hornbuckle withdrew the motion and stated she will abstain from:voting on this matter. MOTION A motion was made by Vice Mayor Amburgey, seconded by.. - Funds Approved Council Member Buffa, to approve the following: $1,000,00 City contribution as a Benefactor Flight Booster; $4,000.00 for City's purchase of 200 books at: $20.00 each; and a.loan in -an amount not to exceed $15,000.00 to pay off the.publishing cost. John De Witt, 2000 Balearic.Drive, Costa Mesa, took exception to Council Member Wheeler's continents and re- quested Council approval of this request. Betty Jean Beecher, 200 Magnolia Street, Costa Mesa, thanked.staff and Council for all,that they have done for the Society. She said the history within the City requires preservation and the Santa Ana Anny Air Base covered a large area -and many people live here because the air base was located within the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL,MEMBERS: None ABSTAINING: COUNCIL MEMBERS: Hornbuckle RECOGNITION The Mayor announced that six members of Boy Scout Troop BOY SCOUT TROOP No. 79 were in the audience. Ben Clark and Cole Lundy, troop members, stated they are present to earn credit toward receiving a -citizenship award. Implementation•of Measure "G" The Clerk presented Measure "G" implementation action. MOTION On motion by Council Member Hornbuckle, seconded by Continued to Council Member.Buffa, this item was continued to the December 5, 1988 meeting of December 5, 1988, at 6:30 p.m. as certifica- tion has not yet been received from the Orange County Registrar of Voters. Clai.m/White Item No. 4(f) on the Consent Calendar was presented: Claim from David I. White., Council Member Hornbuckle stated she has a moral con- flict of interest and will�be abstaining from voting on this item. A motion was made by Vice Mayor Amburgey, seconded by Council Member Buffa, to reject the claim from David I. White. The motion carried 4-1, Council Member Hornbuckle abstaining. Bid Item 834 Item No. 5(c) on the Consent Calendar was presented: Rescue System Bid Item 834, Rescue System, "Jaws of Life". The City Manager requested that this item be investi- gated further and be brought back to Council at a later date. Parking Prohibition Items No. 14(b) and No. 14(c) on the Consent Calendar on Parsons and were presented: Parking prohibition along both curbs of Bernard Streets Parsons Street between Bay and Bernard Streets, and along both curbs of Bernard Street, between Harbor Boulevard and the east end, on Tuesdays, 8:00 a.m. to 10:00 a.m., for street sweeping. Mayor Hall stated that the parking areas affected are located in a combination of residential and ccmmercial areas and a conflict exists regarding times for sweeping. MOTION On motion by Mayor Hall, seconded by Vice Mayor Amburgey, Resolution 88-97 Resolution,88-97, being A RESOLUTION OF THE CITY COUNCIL Adopted and Staff OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING Given Direction PARKING ON A PORTION OF PARSONS STREET, FOR THE PURPOSE OF STREET SWEEPING, was adopted and staff was directed to meet with the affected residents and commercial pro- perty owners to resolve the conflicts relative to time for sweeping. -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 MOTION On motion by Mayor Hall, seconded by Vice Mayor Amburgey, Resolution 88-98 Resolution 88-98, being A RESOLUTION OF THE CITY COUNCIL Adopted and Staff 'OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING Given Direction PARKING ON A PORTION OF BERNARD STREET FOR THE PURPOSE OF STREET SWEEPING, was adopted and staff was directed to meet with the affected residents and commercial pro- perty owners to resolve the conflicts relative to time for sweeping. 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 CITY ATTORNEY REPORTS/Settlement 'The City Attorney requested approval of a settlement Agreement agreement with Clarke Contracting Company in connection Clarke Contracting with a project.in Assessment District 82-2. :d MOTION A motion was made by Council Member Wheeler, seconded by Agreement Council Member Buffa, to approve the agreement, and Approved direct staff to proceed as.outlined in a confidential memorandum dated November 10, 1988, from the City and to authorize payment as outlined in a memorandum Attorney's office. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Hornbuckle, Buffa NOES: COUNCIL MEMBERS.:. None NOES:. COUNCIL MEMBERS; None ABSENT: COUNCIL MEMBERS: None La Rue Lawsuit The City Attorney requested approval of a settlement Bill Ward, 273.Hanover Drive, Costa Mesa, thanked Council offer in the Penney La Rue v. City lawsuit. MOTION. A motion was made by Council Member Buffa, seconded by Settlement Council Member Wheeler, to authorize settlement of the Authorized Penney La Rue v. City lawsuit, as outlined in a con- Manager stated that this will done. fidential memorandum dated November 10, 1988, from the Bill Ward requested Council's assistance regarding en - City Attorney's office. The motion carried by.the couraging the Orange County Transportation Commission to following roll call vote: hold meetings in the evenings so that more citizen input AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, could be presented. Hornbuckle, Buffa Mayor Hall requested that the City Manager include this NOES: COUNCIL MEMBERS:- None item on the next Council Agenda. ABSENT: COUNCIL MEMBERS: None Application to The City_Attorney.requested authorization to accept an Present Late Application -for Leave to Present a Late Claim from Claim/Hackett Stephen B. Hackett, 10840 Warner Avenue, Suite 212, Fountain Valley, and to authorize payment as outlined in a conf idential memorandum... MOTION A motion was made by Council Member Hornbuckle, seconded Application Ac- by Council Member Wheeler,to accept the Application for cepted, Settlement Leave to Present a Late Claim fran Stephen B. Hackett, Authorized and to authorize payment as outlined in a memorandum dated November 15, 1988, from the City Attorney's office. AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES:. COUNCIL MEMBERS; None ABSENT: COUNCIL MEMBERS:'-:, None ORAL Bill Ward, 273.Hanover Drive, Costa Mesa, thanked Council COMMUNICATIONS for'the action taken concerning cleaning up property located at 263 Hanover Drive.,__He asked if the graffiti Clean Up at on the garage door could be removed, and the City 263 Hanover Drive Manager stated that this will done. OCTC Meeting Bill Ward requested Council's assistance regarding en - Time couraging the Orange County Transportation Commission to hold meetings in the evenings so that more citizen input could be presented. Mayor Hall requested that the City Manager include this item on the next Council Agenda. Council Chambers Sid Soffer, 900 Arbor Street, Costa Mesa, thanked Council Audience TV Monitor for the new television monitor located in the Council chambers which enables the audience to view what is being,presented on the cable channel during meetings. Proposed Emergency Sid Soffer presented his proposed recommended changes to Interim Ordinance the proposed urgency interim ordinance which will be Measure "G" presented at the meeting of December 5, 1988: Elimina- tion of the wording "vested right"; inclusion of the wording building permits under Section 2B seventh line, after the word "variances"; and elimination of the words "subject to" in the first line of Section 2A. Requests for Sid Soffer felt that requests for changing land use Changing Land designations for multiple unit purposes will increase as Use Designations property values increase and.reccamnended policies be set at this time as to how future requests are to be handled. COUNCILMANIC Vice Mayor Amburgey stated, in his opinion, Council's COMMENTS 'involvement with various committees within the community does not present a conflict of interest and should not Conflicts of prevent them from voting on items regarding these various Interest ccmmittees when presented before Council. Dayworkers Vice Mayor Amburgey reported that the alleged non-payment of dayworkers by contractors utilizing the Job Center has been investigated. He referenced a report from the City Manager's office dated November 8, 1988, which 'indicates that all non-payment of workers obtained through the Job Center have been cleared up. General Plan Vice Mayor Amburgey requested that the General Plan .Steering Ccmmittee'finalize its recammendations and report as soon as possible so that staff will be able to proceed with the General Plan, and that the City Manager report on the time -frame requirements for completing it. Council Member Hornbuckle reported that the committee will be utilizing input from.the public opinion survey, various public workshops held regarding the General Plan, as well as other sources for making their recan- mendations. She said the camnittee's report should be completed within the next two months. ADJOURNMENT .The Mayor declared theting ad urn at :35 p.m. 1 Mayor of the City of Costa Mesa C ty,�Clerk of .the- City 'of Costa M a