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HomeMy WebLinkAbout10/01/1984 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 1, 1984 The City Council of the City of Costa Mesa, met in regular session on October 1, 1984, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Pastor Chuck Simpson, Seventh Day Adventist Church. ROLL CALL Council Members Present: Hall, Johnson, Hertzog, Schafer Council Members Absent: McFarland Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Councilwoman Schafer, seconded by Vice September 17, 1984 Mayor Johnson, and carried 4-0, the minutes of the regular meeting of September 17, 1984, were approved as distributed and posted. ORDINANCES A motion was made by Vice Mayor Johnson, seconded by Councilwoman Hertzog, and carried 4-0, to read all ordinances by title only. Girl Scout Mayor Hall read his letter of congratulations which he Silver Awards presented to members of Girl Scout Troops 261, 608, 1062, and 1761, on the occasion of their receiving Silver Awards. CONSENT CALENDAR The following item was removed frau the Consent Calen- dar: Item 3, Charitable solicitation request fran Costa Mesa Orange Coast Lions Club. On motion by Councilwonan Schafer, seconded by Vice Mayor Johnson, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland READING FOLDER On motion by Councilwoman Schafer, seconded by Vice woman Hertzog, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: William R. Edwards; Attorney Bruce P. Wolfe on behalf of Jennifer Rungaitis; Southern California Gas Company; and Roger Long. Alcoholic Alcoholic Beverage License application for which Beverage parking has been approved by the Planning staff: License Alan E. Southerland, doing business at 128, 130, and 132 Cabrillo Street. Public Utilities Notice frau the Public Utilities Commission that Commission Southern California Gas Company has filed Appli- cation No. 84-09-022, to decrease its net revenue by approximately $86.5 million per year. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from the National Multiple Multiple Sclerosis Sclerosis Society, Orange County Chapter, 1745 East Society Fairway Drive, Orange, by solicitation of funds frau September 12 to November 11, 1984, including a Bike Tour through a small part of the eastside on Sunday, MOTION October 20, 1984. On motion by Councilwoman Schafer, Permit Approved seconded by Vice Mayor Johnson, and carried 4-0, the permit was approved with application of Municipal Code Bid Item 634 Section 9-234J. PERMIT Schafer, seconded by Vice Mayor Johnson, the contract South Coast Church A request has been received .frau the South Coast Church of Religious Science of Religious Science, 148 East 22nd Street, Costa Mesa, Awarded to to use the Neighborhood Canmunity Center for religious MOTION services on a regular basis. On motion by Councilwoman Permit Denied Schafer, seconded by Vice Mayor Hertzog, and carried 4-0, the request was denied. REJECTED CLAIMS ABSENT: COUNCIL MEMBERS: McFarland Bid Item 626 On motion by Councilwoman Schafer, seconded by Vice Piro Mayor Johnson, and carried 4-0, the claim from Jerry and Printer Piro was rejected. Roht On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 4-0, the claim from Mart Roht was rejected. Skidmore On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 4-0, the claim frau Donna and Gerald Skidmore was rejected. Lux On motion by Councilwcman Schafer, seconded by Vice Mayor Johnson, and carried 4-0, the claim frau William G. Lux was rejected. ADMINISTRATIVE ACTIONS Bids received for Bid Item 634, Installation of an Automatic Gate Opener at a City Fire Station, are on Bid Item 634 file in the Clerk's office. On motion by Councilwcman Gate Opener Schafer, seconded by Vice Mayor Johnson, the contract was awarded to Superior Fence, Incorporated, 1007 East MOTION Washington Street, Santa Ana, in the amount of $5,375.00. Awarded to The motion carried by the following roll call vote: Superior Fence AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Bid Item 626 The Purchasing Agent has requested that Council rescind Computer Terminals its action of August 6, 1984, at which time Bid Item and Printer 626, Canputer Terminals and Printer, was awarded to Data King, 22511 Aspan Street, Suite A, E1 Toro. Evaluation of the equipment being furnished by Data King shows that the equipment will not properly interface with the computer as originally anticipated. In view of this, Data King has requested to be removed frau the responsi- MOTION bility of furnishing the equipment. On motion by Contract Award Councilwoman Schafer, seconded by Vice Mayor Johnson, Rescinded; All and carried 4-0, award of Bid Item 626 to Data King was Bids Rejected rescinded, all bids were rejected, and staff was authorized to prepare new specifications to be mailed to interested vendors. Agreement - C.D.C. The Director of Leisure Services has requested approval Engineering of an agreement with C.D.C. Engineering, Incorporated, 2691 Richter Avenue, Suite 121, Irvine, in the amount of $6,000.00, for engineering services required to design miscellaneous improvements at Rea Ccammunity Center. On MOTION motion by Councilwoman Schafer, seconded by Vice Mayor Agreement Hertzog, the agreement was approved, and the Mayor and Approved Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: IG AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Change Order No. 5 . The Director of Public Services has requested approval and Notice of of Change Order No. 5, in the amount of $1,815.50, to Completion - Smith the contract with Smith Electric Supply, 10792 Knott Electric Supply Avenue, Stanton, in connection with the Traffic Signal Interconnect on Harbor Boulevard and on Bristol Street, Harbor Boulevard and Controller Replacement at Adams Avenue and Pinecreek Interconnect Avenue. The Director has also reported that the work has been completed by the contractor and recommended MOTION that the improvements be accepted. On motion by Coun- Change Order cilwoman Schafer, seconded by Vice Mayor Johnson, Change Approved Order No. 5 was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland MOTION On motion by Councilwoman Schafer, seconded by Vice Work Accepted Mayor Johnson, the work was accepted; the Clerk was authorized to file a Notice of Completion; authoriza- tion was given to release retention funds and to exonerate the Perfornnance Bond 35 days after the Notice of Completion has been filed; and the Labor and Material Bond was ordered exonerated 7 months after the Notice of Completion has been filed. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Improvements in Improvements in Tract 11314 have been completed to the Tract 11314 - satisfaction of the Director of Public Services by Brooks Jimmy and Becky Brooks, 1001 West 17th Street, Suite 5, Costa Mesa, for property located at 2200 Canyon Drive. MOTION On motion by Councilwoman Schafer, seconded by Vice Work Accepted Mayor Johnson, the work was accepted, and the bonds were ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Improvements in Improvements in Tract 12076/11311 have been completed Tract 12076/11311 to the satisfaction of the Director of Public Services Reese Development by Reese Development Corporation, 1000 Quail Street, Newport Beach, for property located at 935-945 West 19th MOTION Street. On motion by Councilwoman Schafer, seconded by Work Accepted Vice Mayor Johnson, the work was accepted, and the bonds were ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Conference On motion by Councilwoman Schafer, seconded by Vice Advance Mayor Johnson, a Conference Advance for $245.00, for a police officer to attend a,Strategic Police Planning MOTION- Conference in Dana Point, November 11 to 30, 1984, was Advance Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Assessment District The Director of Public Services has requested authori- No. 82-2, South zation for release of 10 percent retention funds and Coast Metro Center 100 percent of progress payments to Clarke Contracting Corporation, 1218 South Alameda Street, Conpton, and acceptance of a Certificate of Deposit, in the amount of $600,000.00, as substitute security, in connection with Assessment District No. 82-2, South Coast Metro MOTION Center. On motion by Councilwoman Schafer, seconded Substitute by Vice Mayor Johnson, the request was approved by Security the following roll call vote: Accepted AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Traffic Signal On motion by Councilwoman Schafer, seconded by Vice Policies Mayor Johnson, and carried 4-0, Council adopted the Traffic Signal Policies which provide guidelines and MOTION more uniformity for the traffic signal program Policies Adopted throughout the City. Business Permit Item 3 on the Consent Calendar was presented: Notice for Lions Club of Intention to Appeal or Solicit for Charitable Purpose fron the Costa Mesa Orange Coast Lions Club, c/o James Ballinger, 290 Princeton Drive, Costa Mesa, by holding a carnival at 2300 Harbor Boulevard on October 4, 5, 6, and 7, 1984, to raise funds for various club chari- ties and community service projects. Councilwoman Hertzog stated it would be difficult for her to support another carnival at this location. She felt that the site was too close to the residences in that area and suggested that the carnival be relocated to the front parking lot. Councilwonan Hertzog reported that she had talked to tenants of the nearby apartment conplex and they opposed the carnival location. She also cammented that the percentage of money earmarked for the charities is not adequate. Jim Ballinger, representing the Lions Club, stated that it is a small carnival and is being held to celebrate the 25th anniversary of the Harbor Shopping Center. He agreed to abide by all conditions recommended by staff and to control noise. Mr. Ballinger reported that approximately 20 percent of the funds go to the chari- ties and he felt that this is a good return. In response to questions from the Council, Mr. Ballinger stated that the front parking lot was not large enough for the carnival, and he agreed to the eight conditions contained in staff's memorandum dated September 19, 1984. He further stated that to his knowledge, no com- plaints had been received when the last carnival was held at that location. The City Manager reported that as far as he knew, no complaints had been received by the City. A motion was made by Councilwoman Hertzog to deny the request. The motion died for lack of a second. MOTION On motion by Vice Mayor Johnson, seconded by Council - Permit Approved woman Schafer, the permit was approved subject to all conditions recommended by staff. The motion carried 3-1, Councilwoman Hertzog voting no. OLD BUSINESS The Clerk presented revised Ordinance 84-39 which Regulation concerns the regulation of public entertainment. The of Public original ordinance was given first reading at the Entertainment meeting of September 17, 1984; however, since that time, staff has recommended several changes. i The City Attorney reported that three revisions were made to the ordinance: reference to "security measures -was inserted on Page 4, Section 9-196, Subparagraph d; ,staff deleted "parades" from the ordinance because the need for street closures should be considered separ- ately; and a provision has been included that delays implementation with respect to entertainment businesses already holding a permit until that permit expires. The City Attorney recommended that the ordinance again be given first reading because of the aforementioned ;revisions. MOTION On motion by Councilwoman Schafer, seconded by Council - Revised Ordinance woman Hertzog, revised Ordinance 84-39, beim AN ORDI- 84-39 Given First NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Reading CALIFORNIA, REGULATING PUBLIC ENTERTAINMENT, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Bond Financing On motion by Vice Mayor Johnson, seconded by Council - for Regis Hanes woman Hertzog, and carried 4-0, the bond financing application and the cooperative agreement for Regis MOTION Homes Corporation, for property located at the south - Held Over east corner of Sunflower Avenue Avenue and Avenue of the Arts, was continued to October 15, 1984. WARRANTS On motion by Councilwoman Hertzog, seconded by Vice MOTION Mayor Johnson, Warrant Resolution 1263, including Warrant 1263 Payroll 8419, was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland MOTION On motion by Councilwoman Hertzog, seconded by Vice Warrant 1264 Mayor Johnson, Warrant Resolution 1264 was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland CITY ATTORNEY REPORTS The City Attorney presented an ordinance relating to enforcement of the requirement of obtaining a business Enforcement of license. He stated that Section 9-1 adds language Business License specifically indicating it is.a misdemeanor to violate Requirement Title 9. MOTION On motion by Councilwoman Schafer, seconded by Council - Ordinance 84-40 woman Hertzog, Ordinance 84-40, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading RELATING TO ENFORCEMENT OF THE REQUIREMENT OF OBTAINING A BUSINESS LICENSE, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Settlement of The City Attorney referred to his confidential memoran- Bisson Lawsuit -dum of September 27, 1984, in which he requested settle- ment authority in Bisson versus the City of Costa Mesa, Superior Court Case No. 399852. MOTION On motion by Councilwoman Hertzog, seconded by Vice Settlement Mayor Johnson, the City Attorney was authorized to Authorized settle the Bisson lawsuit for $18,000.00 and to execute the necessary documents. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Lawsuit Against The City Attorney presented his report regarding the the Pymphitheatre public nuisance lawsuit against the Pacific Amphi- theatre. Details are contained in his confidential memorandum of September 26, 1984. On September 25, 1984, the City Attorney filed a new lawsuit in Superior Court against those people involved with the Amphi- theatre asking the Court to stop them from conducting a public nuisance at that location. He also commented on the Municipal Court hearing held on September 28, 1984, when Judge Franklin ruled that the City of Costa Mesa could proceed with criminal charges against owners of the Pacific Amphitheatre for violating the City's noise ordinance; however, the City Attorney expects the Amphitheatre people to appeal this decision. PUBLIC HEARING The Clerk announced that this was the time and place set for the public hearing to consider an appeal of the Appeal of ZE-84-133 Planning Camission's denial of Zone Exception ZE-84-133 Flower Investments/ from Flower Investments, Limited, 336 Lourdes Lane, Carlton Browne Costa Mesa, and Carlton Browne and Company, Incorpor- ated, 3191-A Airport loop Drive, Costa Mesa, for a variance fron front setback requirements at 427 and 435 East 17th Street in a Cl zone. Environmental Determina- tion: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Planning Commission adopted the Negative Declara- tion of Environmental Impact, approved a Conditional Use Permit for shared access and parking, but denied the front setback variance. The Development Services Director showed slides of the proposed project and the surrounding area, and reviewed staff's memorandum dated September 25, 1984. The appellants have proposed a front setback of seven feet from the ultimate property line for both buildings and therefore are requesting a variance from the required 20 -foot setback. The appellants are concerned over the reduced visibility of'their buildings if the full 20 -foot setback is pro- vided. If a reduced setback is approved, staff has suggested that it be for 10 feet rather than the 7 feet requested. The Director also reported that the Fire Department has requested that Condition No. 22 be deleted. Chuck Fry, representing Carlton Browne and Company, Incorporated, spoke at length in support of his request for reduced setback and stated that the required 20 -foot setback would create a sight hardship for prospective tenants. Mr. Fry also commented on obtaining more sign- age for the two buildings if the Planning Commission decision is upheld. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the appellants' request for a setback variance. MOTION After considerable discussion regarding a Planned Held Over Signing Program in conjunction with various setback possibilities, Councilwoman Schafer made a motion to ,continue this item to the meeting of October 15, 1984, so that the appellants can meet with the Planning staff to discuss these issues. The motion was seconded by Councilwoman Hertzog, and carried 4-0. PUBLIC HEARING The Clerk announced that this was the time and place set for the public hearing to consider an appeal of the Appeal of ZE-84-151 Planning Commission's denial of Zone Exception ZE-84-151 Dale/Hartunian frcm Dick Dale (Richard A. Monsour), authorized agent for Steve Hartunian, Empire Properties, 15233 Ventura Boulevard, Suite 1016, Sherman Oaks, for a Conditional Use Permit to allow a night club establishment in a building previously approved for restaurant use; with variances from landscape setback and parking require- ments, and to allow a canopy to encroach into the front setback at 2831-A Bristol Street in a CL zone. Environ- mental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A cammunication has been received from the authorized agent, Dick Dale, concerning the implementation of valet parking. The Development Services Director summarized staff's memorandum of September 25, 1984, which states that the Planning Commission denied the permit based on findings that the proposed night club may adversely affect the adjacent residential neighborhood, especially in respect to hours of operation and noise which are inconsistent with the standards of the CL zone. Dick Dale, 2296 Channel Road, Balboa, spoke in support of his application and emphasized that the establishment he is proposing is not a "night club", but a restaurant with dancing. He also pointed out that there would be no loud "rock" music. Mr. Dale gave a detailed descrip- tion of his plans for both the interior and exterior of the site. He explained his plans for utilization of security guards and a valet service in order to control noise and loitering in the parking lot area. Roy Andreen, 2769 Cibola Avenue, President of the Mesa del Mar Homeowners Association, opposed the project because that neighborhood is already bothered by loud noise from the Pacific Anphitheatre concerts and the motorcycle races at the Fairgrounds. Mr. Andreen also opposed this use because of the additional traffic it will generate throughout that area. John Willyerd, Mesa Garden Apartments at 2881 Bear Street, objected to the request because of the noise and traffic usually produced by this type of business. Jim Aynes, 2811 Loreto Avenue, Costa Mesa, stated that the project should not be approved at this location because it is too close to the residential areas. Dick Dale spoke again and asked for the opportunity to prove that the proposed restaurant will not adversely affect the neighbors. There being no other speakers, the Mayor closed the public hearing. Councilwcrnen Schafer and Hertzog stated they felt that this was not the proper location for the proposed use. MOTION A motion was made by Vice -Mayor Johnson, seconded by ZE-84-151 Councilwaman Hertzog, and carried -4-0, upholding the Denied Planning Commission's denial of Zone Exception ZE-84-151. RECESS The Mayor declared a recess at 8:35 p.m., and the meet- ing reconvened at 8:50 p.m. PUBLIC HEARING The Clerk announced that this was the time and place set for the public hearing to consider an appeal from Appeal frcm Aynes Patricia Aynes, 2811 Loreto Avenue, Costa Mesa, con - of ZE-84-156 cerning the Planning Commission's approval of Zone Carstensen/Graves Exception ZE-84-156,.Richard Carstensen, authorized agent for Robert G. Graves, Sunwest Financial, Incor- porated, 501 North French Street, Santa Ana, for a variance from height requirements to allow the develop- ment of an office canplex containing 165,000 square feet, comprised of one two-story building, two three- story buildings, as well as a 3 -1/2 -story parking structure at 881 Baker Street in a CL zone. Environ- mental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. A letter has been received frau Richard Carstensen, authorized agent for the project, requesting that the public hearing be continued for two weeks because he could not be present this evening. A communication has been received from Robert Wallace, 2836 Portola Drive, Costa Mesa, opposing the develop- ment mainly because of the additional traffic it will generate. In response to Mayor Hall's inquiry concerning the request for a continuance, the Development Services Director reported that the appellant, Mrs. Aynes, had been notified of the request by a member of his staff who indicated to Mrs. Aynes that the Council usually prefers to have both parties present at the hearing. Mayor Hall stated that it has been a Council policy to to grant a continuance when requested by any of the parties involved with an application; however, Council would hear anyone who wished to speak this evening. Patricia Aynes opposed the development because she felt the height was not suitable to the area and because of the additional traffic that would be generated. Mrs. Aynes suggested that an Environmental Impact Report should have been required for the project. Bob Fallon, 852 St. Clair Street, Costa Mesa, stated that the residents should have been advised of the probable two-week continuance of this item. Mayor Hall apologized for not mentioning it at the beginning of the meeting, but was under the impression that Mrs. Aynes would have notified the neighbors. Patricia Aynes explained that she had contacted as many people as possible to inform them of the continuance. George Siposs, 2855 Velasco Lane, Costa Mesa, stated that approval of this project will make traffic unbearable. Wilma Feeney, 1154 Dorset Lane, Costa Mesa, asked if the City Clerk would know on the day of the Council meeting if an item is being held over. The Mayor responded that it would be a good idea to contact the Clerk. Brenda Fields, 830 Santiago Road, Costa Mesa, asked if the height variance is the only issue that will be discussed. The Development Services Director responded that since all other standards have been met, only the variance must be addressed. Mrs. Fields expressed concern over excessive traffic, and Mayor Hall stated that all items of importance will be considered. Doug Yates, 274 Cecil Place, Costa Mesa, opposed any development with a height in excess of the present standards for that area. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, was of the opinion that notifications of public hearings. are not sent to all the citizens that would be impacted by a proposed development. He also suggested that the residents and developer should try to reach a conpro- mise for these types of projects. MOTION On motion by Councilwoman Schafer, seconded by Council - Held Over woman Hertzog, and carried 4-0, Zone Exception ZE-84-156 was continued to the meeting of October 15, 1984. NEW BUSINESS The Clerk presented Zone Exception ZE-84-149, Ron C. ZE-84-149 Williams, authorized agent for Mardan Center, 695 West Williams/Mardan 19th Street, Costa Mesa, for a Conditional Use Permit Center for outdoor races of radio controlled model cars in a vacant lot, located at the above address in a Cl zone. Environmental Determination: Exempt. The Development Services Director referred to staff's memorandum of September 26, 1984, which points out that this item requires Council action because of a purchase agreement between the Mardan Center and the City requiring City approval whenever a use other than educa- tional therapy is proposed. The Planning Commission recce mended approval of the permit subject to conditions contained in the Staff Report with the following modifi- cations: Amend Condition No. 1 to read, "The applicant shall install a six-foot high wood fence along the entire south and east property lines"; Add Condition No. 6, "Applicant shall exercise every appropriate effort to avoid any use of the adjoining properties including specifically the Auto Club park- ing by any participants and/or spectators of the racing events". Allan Weiss, 2530 Westminster Avenue, Costa Mesa, asked if it was necessary for Ron Williams, the authorized agent, to erect the fence. Mayor Hall responded that it was his understanding that he had agreed to that condition. Mr. Weiss felt that the cost of the fence would create a hardship for Mr. Williams. Mayor Hall mentioned that complaints had been received from Plumer Street residents and the Automobile Club management. 'The Mayor suggested that Mr. Weiss and Mr. Williams meet with Mr. Darling of the Automobile Club to work out an agreement and, if terms were agreed upon, the requirement for a fence could be deleted. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in opposition to the fence requirement. Ron Williams stated that he could not understand the need for the fence since it probably would not mitigate the dust problem. And as to race participants and spectators using the Automobile Club parking lot, he 1 stated that he would make sure that the problem is resolved. Mayor Hall again suggested that Mr. Williams meet with Mr. Darling of the Auto Club. MOTION A motion was made by Councilwoman Hertzog to approve ZE-84-149 Zone Exception ZE-84-149 subject to conditions as modi- Approved fied; however, if the Auto Club management agrees that no fence is needed, that condition will be deleted. The motion was seconded by Vice Mayor Johnson, and carried 4-0. ZE-84-159 The Clerk presented Zone Exception ZE-84-159, C and S C and S Properties, 18226 West McDurmott, Suite D, Irvine, for Properties a Conditional Use Permit to exceed allowable density with a variance from rear yard setback requirements in conjunction with construction of six apartment units at 2201 Orange Avenue in an R2 zone. Environmental Deter- mination: Exempt. The Development Services Director summarized staff's memorandum of September 26, 1984, stating that Council action is required on two aspects of the project: The first is a Conditional Use Permit to exceed the density allowed in the R2 zone, and since the project is being processed under provisions of Government Code Section 65915 relating to density bonuses for affordable housing projects, this application requires legislative approval. Second is an agreement between the builder and the City which assures that the unit allowed under the Density Bonus Program is made available to low and moderate income households. The density bonus is for only one additional unit and that represents a 20 percent density increase, not 25 percent as permitted by Code. The requested variance from rear yard setback has been determined by the Planning Commission and staff to be minimal and necessary to allow development of this project at the proposed density. MOTION On motion by Councilwoman Schafer, seconded by Council- ZE-84-159 and woman Hertzog, Zone Exception ZE-84-159 was approved Agreement subject to conditions contained in the Staff Report, Approved and the Density Bonus Agreement was approved. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland ORAL COMMUNICATIONS Sid Soffer, 900 Arbor Street, Costa Mesa, again spoke in opposition to the fence requirement for Zone Excep- tion ZE-84-149. OCTD Buses Erik Schultz, 146 Rochester Street, Costa Mesa, spoke about the Orange County Transit District (OCTD) buses which travel on Rochester Street. He reported that this was to be a temporary route until construction on East 17th Street was completed; however, OCTD has advised him that the Rochester Street route is now permanent. Mr. Schultz stated that a dangerous condition exists because the buses consistently travel in excess of the speed limit. He has voiced his complaints to various members of the Transit District but nothing has been done. The City Manager recommended that since Rochester Street has never been designated as a bus route, the City should demand the removal of buses on that street. MOTION 'A motion was made by Vice Mayor Johnson, seconded by Authorized Letter Councilwanan Hertzog, and carried 4-0, authorizing the Demanding Removal the Director of Public Services to forward a letter to of Buses OCTD demanding the removal of buses on Rochester Street. ADJOURNMENT TO At 9:50 p.m., the Mayor adjourned the meeting to a CLOSED SESSION 'closed session in the first floor Conference Roan for the purpose of discussing personnel matters. MEETING The Mayor reconvened the meeting in the Council Chambers RECONVENED at 10:50 p.m. and the following actions were taken: Salary Increases Council authorized salary increases of 15 percent for for Officials ,- the City Manager and the City Attorney, and 8-3/4 per- cent for the City Clerk. Because the new salaries for the Manager and Attorney exceed the limitations con- tained in the executive salary resolution, a motion was MOTION made by Councilwcman Hertzog, seconded by Councilwoman Resolution 84-117 Schafer, to adopt Resolution 84-117, being A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, AMENDING RESOLUTION NO. 83-97 ESTABLISHING RATES OF -PAY FOR CITY MANAGER AND CITY ATTORNEY TO BE PLACED OUTSIDE THE BASIC PAY SCHEDULE. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Salary Increases On motion by Councilwoman Hertzog, seconded by Council - for Council Members woman Schafer, Ordinance 84-41, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ADOPTING INCREASE IN SALARY FOR MEMBERS OF THE CITY Ordinance 84-41 COUNCIL, was given first reading and passed to second Given First reading by the following roll call vote: Reading AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Mayor Hall explained that the ordinance covers a five percent increase for all Council Members which will take effect after the election of November 6, 1984, when a new ternn of office begins for any duly elected Council Member. The Mayor also reported that Council approved a five percent salary increase for its members in 1983, to become effective at the same time. The total salary increase since the last increase in 1982 is ten percent. COUNCILMANIC COMMENTS Councilwrxnan Hertzog reported that she had received a letter from the Executive Director of the Orange County Re -appointment of Human Relations Commission informing the Council that Jean Forbath to the two-year terns of Jean Forbath will expire in Noven- Human Relations ber of this year. Mrs. Forbath has indicated that she Camnission would like to be re -appointed for another two-year term since she is now chairing that commission. Councilwoman Hertzog stated that the re -appointment should be made by letter to the Orange County League of Cities. MOTION On motion by Councilwoman Hertzog, seconded by Council - Re -appointment wanan Schafer, and carried 4-0, Jean Forbath was recon - Approved mended for another two-year term on the Human Relations Commission. Concrete Wall at Councilwoman Hertzog suggested that Council reconsider St. John the Divine the positioning of the concrete wall on Laurie Lane near Episcopal Church Bay Street, which was erected in connection with the construction of a senior citizens project on St. John the Divine Episcopal Church property. On motion by MOTION - Staff Councilwoman Hertzog, seconded by Councilwrxnan Schafer, Directed to Proceed and carried 3-1, Vice Mayor Johnson voting no, staff with Rehearing was directed to bring this item back to Council as soon as they have prepared the necessary information. Tony's Building Mayor Hall requested staff to investigate the possibil- Materials Signage ity of increased signage for 'Tony's Building Materials at 929 Baker Street. ADJOURNMENT The Mayor declared the mTf ed at 11:10 p. . the Ciy of Costa Mes 1 ATTEST: Ci y Clerk of the City of Costa a