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HomeMy WebLinkAbout10/02/1989 - City Council78 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 2, 1989 The City Council.of the City of Costa Mesa, California, met in regular session October 2, 1989, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Pastor Cliff Rapp, Orange Coast City Methodist Church. ANNOUNCEMENT Mayor Buffa requested that citizens remember Senior Police Officer Police Officer Robert Baumgardner and his family in Injured their prayers. Officer Baumgardner was seriously injured last week in a traffic accident while on duty. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: Officials Present: None City Manager Allan Roeder Acting City Attorney Eleanor Frey Deputy City Manager/Develop- ment Services Don Lamm Public Services Director William Morris City Clerk Eileen Phinney MINUTES On motion by Council Member Amburgey, seconded by September 18, Council Member Glasgow, and -carried 5-0, the minutes of 1989 the regular meeting of --September 18, 1989, were approved as distributed. ORDINANCES A motion was made by Council Member Amburgey, seconded by Council Member Glasgow, and -carried 5-0, to read all ordinances by title only. PROCLAMATION Mayor Buffa read a proclamation declaring October 2 to California 6, 1989, as "California Rideshare Week 189". Procla- Rideshare mations were issued to the following companies in Week '89 recognition of their outstanding rideshare programs: .State Farm Insurance Company, Fairview Developmental Center, Nordstrom, Emulex Corporation, and Los Angeles Times. Representatives from all but State Farm Insur- ance Company were present to accept the documents. PRESENTATIONS Pat Conlee, representing the American Red Cross, gave a brief presentation on the need for blood donations American Red Cross and announced that the City's annual blood drive is being held on October 13, 1989, in the Costa Mesa Police Auditorium. Costa Mesa Civic Eleanor Rey, Costa Mesa Civic Playhouse, presented gifts Playhouse from the Mayor of Barcelona, Spain. Playhouse members were in Spain participating in a drama competition, and during their visit, they delivered a Proclamation and a Key to the City of Costa Mesa to the Barcelona Mayor. Ms. Rey reported that the Key to the City will be on display during the 1992 Olympics in Barcelona. 1 Sister City - Mayor Buffa welcomed two representatives from Costa Werribee, Mesa's Sister City, Werribee, Australia: Rohan Vincent Australia and Peter Doherty. They presented the Mayor with a gift from the Werribee City Council, and the Mayor presented gifts to them from the City of Costa Mesa. ORAL Pat Schuda, 2895 Palau Place, Costa Mesa, referenced an COMMUNICATIONS article in the Orange County Register Newspaper which indicated that the City is going to allow the Someone Someone Cares Soup Cares Soup Kitchen at South Coast Christian Church to Kitchen operate without a Conditional Use Permit. She contended that by allowing the operation without a permit, it prevents the residents from voicing their objections at a public hearing. Mrs. Schuda commented that in August, 1989, she submitted a petition containing 45 signatures objecting to the Soup Kitchen's operating at the church. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, men- tioned that she met with the Mayor regarding neighbor's complaints about the Soup Kitchen; however, no response has been made by the City. She mentioned that all of the charities in the City are located within a six -block radius. Stanley Schuda, 2895 Palau Place, Costa Mesa, asked whether or not the newspaper article was correct. He ccmmented that apparently the petition mentioned by Mrs. Schuda is being ignored. He reported that clients of the Soup Kitchen are living in vacant homes in that neighborhood. Sid Soffer, 900 Arbor Street, Costa Mesa, asked whether or not a Conditional Use Permit is required. Mayor Buffa responded that if the staff has made a decision on the requirement for a Conditional Use Per- mit, he is not aware of it. Pedestrian Access Roy Andreen, 2769 Cibola Avenue, Costa Mesa, referred on Harbor Boulevard to his comments at the Council meeting of August 7, 1989, regarding the lack of safe pedestrian access on Harbor Boulevard, especially in front of Connell Chevrolet, 2828 Harbor Boulevard, and University Oldsmobile, 2850 Harbor Boulevard. Mr. Andreen asked if this situation has been investigated. The City Manager responded that this matter was referred to the Development Services Department; however, its staff has been extremely busy with the General Plan Review Pro- gram. The City Manager stated that an update would be forthcoming from Development Services. Illegally Parked Mr. Andreen also reported that University Honda, 2860 Vehicles Harbor Boulevard, has eight vehicles parked on the grass, and it was his understanding that it is illegal to use the open space area for parking. Speeding Vehicles Dewain Butler II, 2566 Orange Avenue, Apartment "A", on Orange Avenue Costa Mesa, complained about vehicles traveling at excessive speeds on Orange Avenue. The City Manager stated that he would consult with the Police Department regarding the problem. Police Substation Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, was opposed to moving the Police Substation from its present location on Placentia Avenue to the former Orange County probation building which the City recently purchased. Synchronized Sid Soffer, 900 Arbor Street, Costa Mesa, was of the Traffic Signals opinion that traffic problems could be resolved if the traffic signals were synchronized. Balloon Displays Fred Janson, owner of Newport Party Center, 1800 Newport Boulevard, Costa Mesa, asked that the City suspend enforcement of Code Section 5-121(10) which prohibits the use of any inflatable material, with or without copy or in the shape of any object in excess of 24 inches in diameter. Mr. Janson reported that he has invested in balloons for the Halloween and Christmas holidays and just recently learned of the above prohibition. Mayor Buffa advised Mr. Janson that no action could be taken on his request because it is not listed on the Agenda. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 1, Resolution concerning the 1990 Census; Item 13(a), Budget Adjustment No. 90-18, Funds for social program support; Item 13(d), Budget Adjustment No. 90-22, appropriation for payment and demolition ;costs for Veterans Hall; and Item 17(a), Agreement with Dave McCauley and Associates for improvements at 17th Street and Orange Avenue. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Lupe, Marcial, and Edward Moreno; Claudia Muller-Stach; Quality Beer Distributors; and Lissa Marie Seyboth Stellhorn. Alcoholic Alcoholic Beverage Licenses for which parking has Beverage been approved by the Planning Division: Woong Ki Licenses Shin, doing business at 820 West 19th Street; and Nisbet, Incorporated, doing business as Hickory Farms, 3333 Bear Street. Orange Coast Communication frcm Orange Coast Yellow Cab, 17300 Yellow Cab Mount Herrmann Street, Fountain Valley, requesting a taxicab fare increase. Share Our Selves Petition containing 61 signatures of parishioners of Relocation Mesa Verde United Methodist Church, 1701 Baker Street, Costa Mesa, requesting that Council reconsider its decision that Share Our Selves (SOS) vacate Rea Community Center, or that the City assist financially and physically in locating another suitable site. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Girl Scout Council of Orange Girl Scouts County, Post Office Box 3739, Costa Mesa, by selling calendars from October 19 to November 26, 1989, and MOTION selling cookies from January 25 to March 18, 1990. On Permit Approved motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the permit was approved with application of Municipal Code Section 9-229. n L SET FOR PUBLIC HEARING General Plan Review Program MOTION Hearings Set for October 16 and 19, 1989 Iryh\ ljk4 1C� MOTION Warrants 1443 and 1444 Approved On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the following items were set for public hearing on October 16 and 19, 1989, at 6:30 p.m., in the Council Chambers of City Hall: Resolution certifying Final Environmental Impact Report No. 1043 for the General Plan Review Program. Resolution adopting General Plan Amendment GP -89-02 for the General Plan Review Program. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, Warrant Resolution 1443, including Pay- roll 8919, and Warrant Resolution 1444 were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Amburgey, Genis, Glasgow None None REJECTED CLAIMS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, claims from the following person and agency were rejected: Steve Hand; and Pacific Bell No. JF946-0384. ADMINISTRATIVE Bids received for Bid Item 864, Remove and Replace ACTIONS Carpeting at the Neighborhood Community Center, are on file in the Clerk's office. On motion by Vice Mayor Bid Item 864 Hornbuckle, seconded by Council Member Amburgey, the Carpeting for NCC contract was awarded to Ekins Floor Coverings, Incorpor- ated, 401 Rolyn Place, Arcadia, for $17,747.00. The MOTION motion carried by the following roll call vote: Awarded to Ekins AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Floor Covering Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 865 Bids received for Bid Item 865, Golf Course Maintenance Golf Course Equipment, are on file in the Clerk's office. On motion Maintenance by Vice Mayor Hornbuckle, seconded by Council Member Equipment Amburgey, the contract was awarded as follows: MOTION Exhibit "A", One Toro Greensmaster No. 3000, Model No. Awarded to 04350 - Pacific Equipment and Irrigation, Incorpor- Pacific Equipment ated, for $10,344.54; and Irrigation; and Lesco Exhibit "B", One Sand Trap Rake, Toro Model No. 14 - Pacific Equipment and Irrigation, Incorporated, for $6,566.70; Exhibit "C", One Lesco Model 500 Diesel Mower - Lesco, Incorporated, for $15,900.00; and Exhibit "D", One Cushman Turf Truckster Model 630 with Top Dresser - Pacific Equipment and Irrigation, Incor- porated, for $9,856.94. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 866 Bids received for Bid Item 866, Ten Computer Printers, Computer Printers are on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, MOTION the contract was awarded to Pacific Mountain Computer, Awarded to Pacific 7028 Valjean Avenue, Van Nuys, for $19,217.80. The Mountain Computer motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 867 Bids received for Bid Item 867, One Desk Top Publishing Desk Top System, are on file in the Clerk's office. On motion by Publishing System Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the contract was awarded to Valcom Computer MOTION 'Center, 17518 Von Karman Avenue, Irvine, for $8,403.68. Awarded to Valcom The motion carried by the following roll call vote: Computer Center AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "C" The Public Services Director recommended approval of McCulloch Change Order "C" for $3,592.50 to the contract with Architects McCulloch Architects, 260 Newport Center Drive, Suite 330, Newport Beach, in conjunction with the design of Corporation Yard the Corporation Yard Consolidation - Phase I. Change Consolidation - Order "C" provides compensation to McCulloch for addi- Phase I tional services rendered at the City's request during the construction phase. On motion by Vice Mayor MOTION Hornbuckle, seconded by Council Member Amburgey, the Change Order change order was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Refund to Fairview On motion by Vice Mayor Hornbuckle, seconded by Council Management for Member Amburgey, authorization was given to refund Overpayment of $9,167.25 to Fairview Management Company, 2520 Merrimac Plan Check Fees Way, Costa Mesa, for overpayment of plan check fees. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Refund Authorized Amburgey., Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference Advance On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, a Conference Advance for $1,554.00, for MOTION a police officer to attend a Commercial Enforcement Advance Approved Training class in Burbank, October 16-27, 1989, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Vice Mayor Hornbuckle, seconded by Council 90-19 - North Costa Member Amburgey, Budget Adjustment 90-19 for $28,000.00, Mesa Arterial to increase the appropriation for the North Costa Mesa Improvement Study Arterial Improvement Study to include the Bristol Street/Anton Boulevard intersection, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Adjustment Amburgey, Genis, Glasgow Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Vice Mayor Hornbuckle, seconded by Council 90-20 - Model Member Amburgey, Budget Adjustment 90-20 for $4,500.00, Train Facility at to provide an additional appropriation to purchase a Fairview Park water meter and services for the model train facility at 1 MOTION Adjustment Approved Fairview Park, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Budget Adjustment On motion by Vice Mayor Hornbuckle, seconded by Council 90-23 - Council Member Amburgey, Budget Adjustment 90-23 for $160,000.00, Presentation System to provide an adequate appropriation for the City and Council Video Council Presentation System and the City Council video Update system upgrade, was approved by the following roll call vote: MOTION Adjustment Approved Ccmpletion of Improvements for DR -88-05 by Hoelscher/ Guggenheim MOTION Improvements Accepted; Bonds Exonerated Lease/Purchase Agreement with Security Pacific Merchant Bank Purchase of Helicopter and Fire Engine MOTION Agreement Approved Sole Source Purchase from Contemporary Electronics Van Conversion Equipment MOTION Purchase Approved AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Street and sewer improvements for Development Review DR -88-05 have been completed to the satisfaction of the Public Services Director by Hoelscher/Guggenheim, 4665 MacArthur Court, Newport Boulevard, for property at 2900 College Avenue. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the improvements were accepted and the bonds were ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The City Manager requested authorization to negotiate a lease/purchase agreement with Security Pacific Merchant Bank, 300 South Grand Avenue, HCP 211, Los Angeles, for $1,430,000.00, to acquire a new McDonnell Douglas 500E helicopter and a 95 -foot platform fire engine. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, authorization was given to purchase van conversion equipment from sole source vendor, Contemporary Electronics Systems, Incorporated, 1745 West Katella Avenue, Suite 9, Orange, at a cost of $37,000.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Agreement with The Public Services Director recommended approval of OCTD an agreement with the Orange County Transit District (OCTD), 11222 Acacia Parkway, Garden Grove, for Bus Shelters $16,000.00 to be reimbursed to the City for purchase of four bus shelters. The new bus shelters will be located on Orange Avenue northbound, south of 17th Street; Fair Drive eastbound, east of the signalized entrance at City Hall; Park Avenue southbound, at the Neighborhood Community Center; and Park Avenue sa MOTION northbound, across from the Neighborhood Community Agreement Center. On motion by Vice Mayor Hornbuckle, seconded by Approved Council Member Amburgey, the agreement was approved, and Substitute Motion 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: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Automatic Aid The Fire Chief recommended approval of an Automatic Aid Agreement with the Agreement with the County of Orange, for fire, rescue, County of Orange and emergency medical services. Both agencies will bear all risks, costs, expenses and obligations with respect to personnel and equipment when engaged in activities within the respective jurisdiction of each agency. On MOTION motion by Vice Mayor Hornbuckle, seconded by Council Agreement Member Amburgey, the agreement was approved, and the Approved Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: SUBSTITUTE MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Resolution 89-177 Amburgey, Genis, Glasgow Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1990 Census Item 1 on the Consent Calendar was presented: A resolution supporting the concept of counting everyone in the 1990 census without regard to citizenship status. Council Member Glasgow reported that the Southern California Association of Governments (SCAG) requested adoption of the resolution, but Congress is contemplat- ing not counting illegals, and he agreed with the latter concept. Motion to Reject A motion was made by Council Member Glasgow, seconded Resolution by Council Member Amburgey, not to adopt the proposed Overridden by resolution. Substitute Motion 'Vice Mayor Hornbuckle commented that it would not be wise to discount illegals during the 1990 census since allocation of Federal funds is based on population, and State and local agencies must provide certain services regardless of a person's legal status. She mentioned that County health care services are already suffering from lack of funds. Council Member Genis was in favor of the resolution stating that the Gann limitation is based upon the number of people living in the City and the cost -of - living index. Council Member Amburgey contended that to count illegals would be falsifying the census count, and it was his opinion that only legal residents should be included. Mayor Buffa supported the SCAG resolution and was of the opinion that the Senate resolution would be defeated in the House of Representatives. SUBSTITUTE MOTION A substitute motion was made by Vice Mayor Hornbuckle, Resolution 89-177 seconded by Council Member Genis, to adopt Resolution Adopted 89-177, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUPPORTING THE CONCEPT OF COUNTING EVERYONE IN THE 1990 CENSUS VaTHOUT REGARD TO CITIZENSHIP. The motion carried by the following roll call vote: 1 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, NOES: COUNCIL MEMBERS: Amburgey, Glasgow ABSENT: COUNCIL MEMBERS: None Budget Adjustment Item 13(a) on the Consent Calendar was presented: 90-18 - Social Budget Adjustment 90-18 for $165,000.00, to reappropri- Program-Support ate Federal Revenue Sharing funds for social program support approved in the 1988-89 budget. Council Member Glasgow wanted the funds used for the homeless, and to provide low-cost housing for citizens. Motion to Deny A motion was made by Council Member Glasgow, seconded the Adjustment by Council Member Amburgey, to deny the budget adjust - Overridden by ment. Substitute Motion The City Manager reported that Council already approved these funds for social program support. SUBSTITUTE MOTION A substitute motion was made by Vice Mayor Hornbuckle, Adjustment seconded by Council Member Genis, to approve Budget Approved Adjustment 90-18. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis NOES: COUNCIL MEMBERS: Amburgey, Glasgow ABSENT: COUNCIL MEMBERS: None Budget Adjustment Item 13(d) on the Consent Calendar was presented: 90-22 - Payment and Budget Adjustment 90-22 for $245,000.00, to provide an Demolition Costs adequate appropriation for the first year's payment and for Veterans Hall the City's share of demolition costs for Veterans Hall. Sid Soffer, 900 Arbor Street, Costa Mesa, was of the opinion that the public is not being provided enough information. Council Member Genis agreed with Mr. Soffer's remark. Mayor Buffa contended that the information provided was quite clear, and he was opposed to producing mountains of paperwork unnecessarily. In response to Council Member Amburgey's questions, the City Clerk reported that Agendas are posted at least 72 hours prior to the meeting, and can be seen on Cable TV. She stated that all reports are in the three-ring binders located in the lobby of the Council Chambers. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Adjustment Member Amburgey, Budget Adjustment 90-22 was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Item 17(a) on the Consent Calendar was presented: An McCauley agreement with Dave McCauley and Associates, 1640 Sherwood Village Circle, Placentia, for $6,600.00 plus Design Plans for mileage, to provide design plans and specifications for 17th/Orange improvements to the public right-of-way at the southeast Improvements corner of 17th Street and Orange Avenue. Vice Mayor Hornbuckle removed this item from the Consent Calendar to emphasize the need to utilize low -water -use irrigation systems and drought -resistant landscaping. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Agreement Member Amburgey, the agreement was approved, and the Approved Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Vice Mayor Left Meeting Vice Mayor Hornbuckle left the meeting at 8:00 p.m. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -89-99 set for the public hearing to consider an appeal of Stellrecht the Planning Commission's denial of Planning Action PA -89-99 from Robert Stellrecht, 5500 Bolsa Avenue, Suite 100, Huntington Beach, for a variance from number of stories (3 proposed; 2 allowed) to construct a 29 - unit apartment project, including 5 density bonus units, at 531 West Wilson Street, in an R4 zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. A letter was received from Lucas Loukides, 641 Vista Valinda, San Clemente, opposing the project. A communication from the Piccadilly Terrace Homeowners Association, 543 West Wilson Street, supported the project. The Deputy City Manager/Development Services gave a slide presentation and summarized staff's memorandum dated September 22, 1989, and the Staff Report. He reported that the variance relates to the height of the project only; all other aspects of the proposal meet Code requirements. He stated that staff recommended denial because there is no "special circumstance" to justify the variance; and the proposed General Plan Update includes a cap of 25 units per acre for High Density Residential properties. (This project has a base density of 28.6 units per acre and 33.6 units per acre including the five density bonus units). Robert Stellrecht spoke in support of his application and mentioned that he had worked closely with staff in order to design a project acceptable to the adjacent homeowners. Ronald L. Reese, President, Piccadilly Terrace Home- owners Association, summarized to his letter which details reasons for supporting the project. Michael DaDurka, 543 West Wilson Street, Costa Mesa, member of the aforementioned homeowners association, submitted pictures of the subject area and expressed his support for the project. Sid Soffer, 900 Arbor Street, Costa Mesa, objected to the City's requirements for granting a variance. Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, spoke about the Fire Department requirements and the height of the project. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Amburgey, seconded PA -89-99 Denied by Council Member Genis, to deny Planning Action PA -89-99. Council Member Genis supported the motion because no special circumstance was presented to justify granting a variance. Mayor Buffa was concerned about setting a precedent for - three -story buildings, especially in this area of the City. The motion to deny the application carried 4-0, Vice Mayor Hornbuckle absent. RECESS The Mayor declared a recess at 8:25 p.m., and the meeting reconvened at 8:40 p.m. PUBLIC HEARING The Clerk announced that this was the time and place R-89-04 set for the public hearing to consider Rezone Petition Southern R-89-04, Diversified Project, Incorporated, 23201 Lake California Center Drive, Suite 200, E1 Toro, authorized agent for College Southern California College, 55 Fair Drive, Costa Mesa, to rezone two adjoining lots at 2345 and 2359 Newport Boulevard from R2 to R4. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services reviewed staff's memorandum dated September 26, 1989, and the Staff Report, and gave a slide presentation. He reported that a trailer park occupies both properties and serves the housing needs of the students at the college. Responding to a question from Council Member Glasgow, the Deputy City Manager stated that the trailers now located on the site are owned by the college. Herbert Smith, 3463 Windsor Court, Costa Mesa, Chief Financial Officer for Southern California College, spoke in support of the rezone and mentioned that two tenants at the trailer park are not college students; however, arrangements have been made for their relo- cation. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Amburgey, seconded by Ordinance 89-29 Council Member Genis, the Negative Declaration of Given First Environmental Impact was adopted; and Ordinance 89-29, Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTIES AT 2345 AND 2359 NEWPORT BOULEVARD FROM R2 TO R4, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle OLD BUSINESS The Clerk presented Ordinance 89-28 for second reading Park Dedications and adoption. The ordinance concerns park dedications and payment of in -lieu fees. MOTION On motion by Council Member"Amburgey, seconded by Ordinance 89-28 Council Member Genis, Ordinance 89-28, AN ORDINANCE Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING PARK DEDICATIONS AND PAYMENT OF IN -LIEU FEES, was given second reading and adopted by the following roll call vote: 88 AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle NEW BUSINESS The Clerk presented a request from the Costa Mesa Waiver of Fee Republican Assembly to waive fees for use of the Neigh - at NCC for borhood Community Center (NCC) on October 12, 1989, for Republican a candidates' forum for the Newport -Mesa Unified School Assembly District election. Mayor Buffa announced that he will abstain from voting on the request because he has been compensated by this organization for media work. He requested that Council Member Amburgey conduct the discussion on this item. Council Member Genis commented that some Council Members are members of the Costa Mesa Republican Assembly and asked if it would be a conflict of interest if they voted on this item. The Acting City Attorney responded that membership does not constitute a conflict of interest; however, being an officer of a business entity would constitute a conflict of interest, as would receipt of $250.00 or more within the past 12 months from an organization or business entity, and certain real property transactions. MOTION On motion by Council Member Glasgow, seconded by Council Waiver of Fee Member Genis, authorization was given to waive the fee Approved for use of the Neighborhood Community Center by the Costa Mesa Republican Assembly subject to the following conditions: (1) No other activities may take place during the approved hours. (2) The "forum" is free and open to anyone wishing to attend. (3) The "forum" is publicized as co-sponsored by the City of Costa Mesa. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle ABSTAINING: COUNCIL MEMBERS: Buffa NEW BUSINESS The Clerk presented recommendations from the Cable Allocation of Television Committee concerning allocation of cable Cable TV Grant television funds. The recommendations are an attach - Funds ment to the committee's memorandum dated September 22, 1989. The City Manager commended the committee on its process of interviewing applicants and evaluation of the requests for funds. Council Member Genis, Council representative on the committee, also commended the committee for its diligent work, as did Mayor Buffa. Council Member Amburgey suggested that Orange Coast College or its students be advised of the requirements for obtaining Cable TV grant funds. Council Member Genis responded that the committee is in the process of providing them with this information. 3 John Young, 289 Ogle Street, Costa Mesa, whose request for funds was denied by the committee because he did not attend the interview, explained that he was not advised of the interview date. Mr. Young spoke about the videos he is filming which focus on various art/entertainment activities and requested that Council approve his request. Mayor Buffa explained to Mr. Young that the proper - process would be for him to contact the Cable Tele- vision Committee Chairman and prepare a letter for the committee asking if they will consider reviewing his request. MOTION A motion was made by Council Member Glasgow, seconded by Committee Council Member Genis, to approve funding as recommended Recommendations by the committee. The motion carried by the following Approved roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle NEW BUSINESS The Clerk presented a request to appoint a new member Cable TV Committee to the Cable Television Committee. Appointment On motion by Council Member Amburgey, seconded by MOTION Council Member Glasgow, and carried 4-0, Vice Mayor Agrusa Appointed Hornbuckle absent, James Agrusa was appointed to the Cable Television Committee. NEW BUSINESS The Clerk presented a request to appoint the remaining Tourism, Arts and two members to the Costa Mesa Tourism, Arts and Promo - Promotion Corpora- tion Corporation. tion Appointments Council Member Amburgey announced that there were three applicants from the hotel/motel industry, and stated that although all three people are very well qualified, it would be his preference to select the two applicants who have been in the area for some time. MOTION On motion by Council Member Amburgey, seconded by Fawcett Council Member Glasgow, and carried 4-0, Vice Mayor Appointed Hornbuckle absent, Ed Fawcett, of the Country Side Inn, was appointed as a member of the Board of Directors. MOTION On motion by Council Member Amburgey, seconded by Cox Appointed Council Member Glasgow, and carried 4-0, Vice Mayor Hornbuckle absent, Russell Cox, of the Red Lion Inn, was appointed as a member of the.Board of Directors. CITY ATTORNEY The City Attorney referred to the confidential memoran- REPORT dum dated September 25, 1989, which contains a recom- mendation for settlement of the Karen Wallin vs. City Wallin Lawsuit of Costa Mesa lawsuit. MOTION On motion by Council Member Glasgow, seconded by Council Settlement Member Amburgey, authorization was given -to -settle the Authorized lawsuit as detailed in the aforementioned confidential memorandum. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle CITY MANAGER On motion by Mayor Buffa, seconded by Council Member REPORT Glasgow, and carried 4-0, Vice Mayor Hornbuckle absent, Position of City the City Manager's request for a closed session pursuant Attorney to Government Code Section 54957, to consider candidates MOTION for the position of City Attorney, was continued to Continued to October 6, 1989, at 8:15 a.m., at the Country Side Inn, October 6, 1989 325 Bristol Street, Costa Mesa. COUNCIL MEMBERS Council Member Genis expressed her disappointment in COMMENTS learning that there had been an urgency meeting of the Tourism, Arts and Promotion Corporation in order to push Tourism, Arts through some items which should have been discussed by and Promotion the entire board. It was her opinion that such meetings Corporation should be in keeping with the "open government" process. Sign Ordinance Council Member Genis stated that when the Sign Ordi- nance is again discussed, she would like to address all balloons regardless of size. Orange County Council Member Genis had a copy of an Orange County Traffic Survey traffic survey paid for by Citizens for "Yes" on "M", indicating that the response portion is anonymous since the person's name and address are not on the portion to be returned; however, there is a number on the response which apparently identifies the person to whom the survey was sent. Council Member Genis suggested that if people prefer to maintain their anonymity, they should cut off the number or black it out. Information for Council Member Genis emphasized her support for giving the Public the public as much information as possible. Injured Police Council Member Glasgow reiterated the Mayor's earlier Officer announcement regarding the need for prayers for Senior Police Officer Baumgardner who is in critical condition with possible brain damage. Balloons Council Member Amburgey stated that Southern California Edison Company has reported that a great many power out- ages are caused by metallic balloons. He also mentioned that some cities intend to prohibit the sale of these balloons, or demand that they be weighted so that they cannot go any higher than four feet. Charity Cycling Mayor Buffa announced that he received an invitation Invitational from the Mayor of the City of Carson for Council Members to participate in an event on October 8 in the Olympic bicyle racing facility at California State University, Dominguez Hills. He reported that each competing Coun- cil Member is required to donate $500.00 for the winner - take -all charity purse. ADJOURNMENT At 9:15 p.m., the Mayor adjourned the meeting to October 6, 1989, at 8:15 a.m., at the Country Side Inn, 325 Bristol Street, Costa Mesa, to consider candidates for the position of City Attorney. Mayor of th it Costa Mesa o -ATTEST: City Clerk of the City of Costa esa