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HomeMy WebLinkAbout02/19/1985 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 19, 1985 The City Council of the City of Costa Mesa, California, met in regular session February 19, 1985, 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 led by Jose Alvarado of Boy Scout Troop 106, and Invoca- tion by the Reverend Carl Omaye, Orange Coast Free Methodist Church. ROLL CALL Council Members Present: Hartzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk Scouts Mayor Hertzog welcomed Boy Scout Troop 106 and announced Welcomed that the troop members are working towards earning their citizenship badges. MINUTES On motion by Council Member Hall, seconded by Council February 4 and Member Wheeler, and carried 5-0, the minutes of the 11, 1985 regular meeting of February 4, 1985, and the adjourned regular meeting of February 11, 1985, were approved as distributed and posted. ORDINANCES A motion was made by Council Member Wheeler, seconded by Vice 'Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. ORAL Roy Andreen, 2769 Cibola Avenue, Costa Mesa, expressed COMMUNICATIONS disappointment in the service being rendered by Southern California Edison Company in maintaining the street Street Lighting lighting system. On February 7, Mr. Andreen called Maintenance Edison and reported a light out on Cibola Avenue; to date, that light has not been replaced. His wife reported three of five street lights out on the west side of,Mendoza Drive between Baker Street and Mission Drive. These lights have not been replaced, and more- over, none of the five lights are functioning at this time. Mr. Andreen further reported that a street light is out on the east side of Mendoza Drive south of Baker Street, and four lights are not functioning near the intersection of Fair Drive and Fairview Road. Vice Mayor Hornbuckle ccimuented that she has noticed that the street lighting is poor and mentioned that some lights are not functioning on Mesa Verde Drive. Parking at Roy Andreen stated that during his daily walks near TaWinkle Park 'IbWinkle Park, he has noticed that on Saturdays and Sundays before 6:20 a.m., the parking spaces for the park have been taken by workers from the swap meet, even though there is sufficient parking for those workers within the Fairgrounds. He suggested that the City limit parking to two hours between 6:00 a.m. and 9:00 a.m. on Saturdays and Sundays. Tree Maintenance Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, reported on the Westside that the 35 Eucalyptus trees which were planted by the Newport Terrace Condominium developer have not been trimmed as pranised by the contractor. As a result, the view of residents in the bluff homes has been obstructed. He mentioned that in the past 18 months, he and his neighbors have made many requests to the condcminium people to have the trees trimmed, but have had no reply. Mr. Pizarek asked if there were anything the City could do to alleviate the problem. The City Manager mentioned that he had contacted the City of Newport Beach some time ago, and assumed that the problem had been resolved. Mayor Hertzog asked the City Manager to again contact the City of Newport Beach to try to resolve this matter. CONSENT CALENDAR On motion by Council Member Schafer, seconded by Council Member Wheeler, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Council Member Schafer, seconded by Council Member Wheeler, Resolution 85-7, being A RESOLUTION OF Records Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, for Building/Safety AUTHORIZING RECORDS DESTRUCTION FOR THE BUILDING/SAFETY DIVISION OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- MOTION NANCE NO. 75-60, was adopted by the following roll call Resolution 85-7 vote: Adopted AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Request for On motion by Council Member Schafer, seconded by Council Assessed Member Wheeler, Resolution 85-8, being A.RESOLUTION OF Valuation THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING AN ESTIMATE OF ASSESSED VALUATION OF PROPERTY MOTION FOR THE 1985-86 FISCAL YEAR FROM THE ORANGE COUNTY Resolution 85-8 ASSESSOR, AND SETTING FORTH THE REASONS THEREFOR, was Adopted adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried -,5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Kathryn Silver; Carla M. Forston; Attorney David G. Ure on behalf of James D. Cropper; and Attorney Dana D. Denton on behalf of Todd E. Linsky. Alcoholic Alcoholic Beverage License Applications for which Beverage parking has been approved by the Planning staff: The Licenses Perfect Pan, doing business as Piret's, 3333 Bristol Street, Suite No. 1085. Public Utilities Notice fran the Public Utilities Ccxmnission that an Commission application has been filed by Pacific Bell Telephone for authority to increase its overall rates. SET FOR PUBLIC On motion by Council Member Schafer, seconded by Coun- HEARING cil Member Wheeler, and carried 5-0, the following items were set for public hearing on March 4, 1985, at 6:30 p.m., in the Council Chambers of City Hall: Albatross Drive Closure Closure of Albatross Drive. -0 ff GP -85-1B General Plan Amendment GP -85-1B, Aubrey L. Oliger, Oliger/City 2121 Doctors Circle, Costa Mesa, and the Costa Mesa Council City Council, to change the land use designation from Medium Density Residential to High Density Residen- tial, for properties located at 2110 through 2144 Thurin Avenue in an R2 zone. Environmental Deter- mination: Negative Declaration. R-85-02 Rezone Petition R-85-02, Aubrey L. Oliger, 2121 Oliger Doctors Circle, Costa Mesa, for permission to rezone property at 2110, 2120, and 2124 Thurin Avenue from R2 to R4. Environmental Determination: Negative Declaration. GP -85-1C General Plan Amendment GP -85-1C, Diana Prosser, 330 Prosser/Sampson/ Cameo Shores Road, Corona .del Mar, authorized agent City Council for.Herbert F. Sampson, 1604 Newport Boulevard, Costa Mesa, and the Costa Mesa City Council, for a General Plan Amendment to consider alternative land use desig- nations (Commercial Center, Medium or High Density Residential) for properties located at 1604-1640 Newport Boulevard, and at 1607 and 1609 Orange Avenue, in C2 and R2 zones. Environmental Determination: Negative Declaration. R-85-04 Rezone Petition R-85-04, Diana Prosser, 330 Cameo Prosser/Sarnpson Shores Road, Corona del Mar, authorized agent for Herbert F. Sampson, 1604 Newport Boulevard, Costa Mesa, for permission to.rezone property at 1604 New- port Boulevard from R2 to C2. Envirormental Deter- mination: Negative Declaration. REJECTED CLAIMS On motion by Council Member Schafer, seconded by Council Cano Member Wheeler, and carried 5-0, the claim from Martha Cano was rejected. Roca On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Aggie Roca was rejected. ADMINISTRATIVE ACTIONS The Director of Public Services has requested approval of Change Order No. 1, in the amount of $6,514.00, to Change Order No. 1 the contract with Superior Signal Service, 7224 Scout Superior Signal Avenue, Bell Gardens, in connection with the traffic signal project on West 19th Street at Pomona Avenue and 19th Street at Placentia Avenue. The additional work is necessary Traffic Signals to enlarge several electrical conduits on Pomona Avenue. On motion by Council Member Schafer, seconded by Council MOTION Member Wheeler, the change order was approved by the Change Order following roll call vote: Approved AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements Improvements have been completed to the satisfaction of for ZE-83-171 the Director of Public Services by Bruck, Bradeson and Bruck, Bradeson Ikeda, 2624 Newport Boulevard, Costa Mesa, in connection and Ikeda with Zone Exception ZE-83-171, for property located at 2550 Newport Boulevard. On motion by Council Member MOTION Schafer, seconded by Council Member Wheeler, the work Work Accepted was accepted, and the bonds were ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1983-84 Street Bids received for the 1983-84 Street Maintenance Pro - Maintenance gram, Phase II, are on file in the Clerk's office. On Program, Phase II motion by Council Member Schafer, seconded by Council 110 Member Wheeler, the contract was awarded to Sully -Miller MOTION Contracting Ccmpany, 6145 Santiago Canyon Road, Orange, Awarded to in the amount of $292,444.40, being the lowest bid meet - Sully -Miller ing specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Commission has recomended prohibition of Parking on Melody parking on Wednesdays, between 6:00 a.m. and 8:00 a.m., Lane along both curbs of Melody Lane for its length, for the purpose of street sweeping. On motion by Council Member Schafer, seconded by Council Member Wheeler, Resolution MOTION 85-9, being A RESOLUTION OF THE CITY COUNCIL OF THE Resolution 85-9 CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON Adopted WEDNESDAYS BETWEEN 6:00 A.M. AND 8:00 A.M. ON MELODY LANE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL ME] BERS: None Prohibition of The Traffic Ccmmission has recommended prohibition of Parking on Norse parking -on Thursdays, between 8:00 a.m. and 10:00 a.m., Avenue along both curbs of Norse Avenue for its length between Santa Isabel Avenue and the end of the cul-de-sac, for street sweeping purposes. On motion by Council Member Schafer, seconded by Council Member Wheeler, Resolution MOTION 85-10, being A RESOLUTION OF THE CITY COUNCIL OF THE Fesolution 85-10 CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON Adopted THURSDAYS BETWEEN 8:00 A.M. AND 10:00 A.M. ON A PORTION OF NORSE AVENUE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Commission has recommended prohibition of Parking on Irvine parking at all times along the westerly curb of Irvine Avenue Avenue beginning at the driveway at 2463 Irvine Avenue northerly for 60 feet, for sight distance improvement. MOTION On motion by Council Member Schafer, seconded by Council Resolution 85-11 Member Wheeler,'Resolution 85-11, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF IRVINE AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Zones for The Traffic Ccmmission has recommended that parking the Handicapped zones be established for the handicapped at several public parks and facilities which do not meet current State requirements: Downtown Community Center - one space; Wimbledon Park - two spaces; Lions Park - two spaces; Mesa Verde Park - two spaces; Tanager Park - one space; Del Mar Park - one space; 1 Corsica Park - one space; IbWinkle Park - four spaces; and Fire Stations - one space at each of four stations. MOTION On motion by Council Member.Schafer, seconded by Council Resolution 85-12 Member Wheeler, Resolution 85-12, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING PARKING ZONES FOR THE HANDICAPPED IN PUBLIC PARKS AND FACILITIES WITHIN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Amendment to Safety The City Manager has recommended approval of Amendment Employees Retirement No. 1 to the Retirement Plan for Safety Employees. Last Plan December, Council gook an action which caused the por- tion of the retirement contribution nornally paid by the employee, which is actually paid by the employer, to be considered as compensation for purposes of determining the monthly benefit upon retirement. The amendment modifies the Retirement Plan document itself to conform MOTION with that action. On motion by Council Member Schafer, Resolution 85-13 seconded by Council Member Wheeler, Resolution 85-13, Adopted being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE RETIREMENT PLAN FOR SAFETY EMPLOYEES OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: ,COUNCIL MEMBERS: None Conference On motion by Council Member Schafer, seconded by Council Advances Member Wheeler, Conference Advances for $390.75 each, for three police officers to attend the Traffic Accident MOTION Investigation --Part I in San Diego, from February 25 Advances through March 1, 1985, were approved by the following Approved roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference On motion by Council Member Schafer, seconded by Council Advances Member Wheeler, Conference Advances for $310.00 each, for two police officers to attend the Homicide Investi- MOTION gation Conference in Reno, Nevada, from March 6 through Advances 8, 1985, were approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS:. Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented a request from Council Member Child Day Care Wheeler to establish an ad hoc committee for child day Services care services. A preliminary assessment for these services is contained in a memorandum from the City Manager dated February 6, 1985. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Ad Hoc Committee Council Member Hall, to establish an ad hoc committee Authorized for child day care to consist of nine members: two Council Members; one representative from the Newport- Mesa ewportMesa Unified School District; two parents; two child day care operators, preferably one from a major provider and one hone care provider; and two employers. 14 - Council Member 6ieeler suggested that he and Vice Mayor Hornbuckle be appointed to serve on the committee. Council Member Hall commented that at the outset he was not enthused with the idea of forming the child day care committee; however, he now can see the benefit to the commercial base of the City. Vice Mayor Hornbuckle reported that a major developer has advised her that he believes he may have a day care center site available at one of his future developments. In response'to Council Member Wheeler's inquiry regard- ing applications for the committee, Mayor Hertzog stated that she will have a press release written announcing the composition of the ccmunittee and when the City will be accepting applications. The motion to establish the committee carried 5-0. Stringfellow The Clerk presented a resolution urging that a full Hazardous Environmental Impact Report be completed for the String - Waste Dump fellow Hazardous Waste Dump site in Glen Avon, Cali- fornia. Council Member Hall announced that he had asked Susan Trager, 2061 Business Center Drive, Irvine, to give a presentation on the interim treatment and disposal program. Ms. Trager is a representative of the Santa Ana Watershed Project Authority (SAWPA). Ms. Trager reviewed the document entitled: "Environ- mental Review for Treated Waste Discharge - Interim Treatment and Disposal Program - Stringfellow Hazardous Waste Site - Executive Summary", and submitted a copy of the document, along with other pertinent information, to each Council Member. Ms. Trager reported that underground seepage from the Stringfellow site in Riverside County is threatening to escape from the narrow confines of Pyrite Canyon and contaminate a portion of the Chino groundwater basin. The Interim Treatment and Disposal Program has been devised in an effort to cut off the seepage until a permanent solution has been reached.- Studies are expected to be completed by the end of 1985; however, implementation may take several years. Ms. Trager emphasized that the interim project now under construction at Stringfellow has been deemed exempt from all requirements of the California Environmental Quality Act of 1970 (CEQA) because of the critical circumstances involved at this site. No Environmental Impact Report (EIR) is required and none will be prepared. Ms. Trager answered questions from the Council and commented that two public hearings were widely publi- cized and little interest was shown since very few attended the hearings. Vice Mayor Hornbuckle commented that in light of the information presented by Ms. Trager, an Environmental Impact report (EIR) will not be prepared, and suggested that the resolution be abandoned. MOTION Vice Mayor Hornbuckle made a motion directing staff to Authorized Protest forward a letter to the Orange County Sanitation Dis- and request for trict protesting the acceptance of the discharge and a By-pass requesting a by-pass of Water Factory 21. The Vice Mayor felt that Council should be on record as being 1 MOTION Directed Protest Letter be Sent to Supervisors MOTION Warrant 1277 Approved it . ZIA 01 Wei [44• Addendum Agreement with H. S. Green concerned about the ground water supply. Council Member Wheeler stated that even though he felt the motion was not strong enough and that he was not happy with the CEQA alternatives for the interim treatment, he would support.the motion as a.canpromise. The motion was seconded by Council Member Wheeler, and carried 5-0. Further discussion ensued, and Council Member Schafer requested that Ms Trager submit to the Council all questions which were posed during the public hearings, and the responses to those questions. Vice Mayor Hornbuckle asked that Ms. Trager forward all new infor- mation as it becomes available. Ms. Trager responded that she will supply:the requested data, and also men- tioned that this matter will be heard by the Orange County Board of Supervisors on February 26, 1985. Council Member Wheeler made a motion to forward a copy of the City's protest letter to the Orange County Board of Supervisors as soon as possible. The motion was seconded by Vice Mayor Hornbuckle, and carried 5-0. On motion by Council Member Hall, seconded by Council Member Schafer, Warrant Resolution 1277, including Payroll 8503, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL- MEMBERS: ABSENT:... COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler None None The City -Manager presented an,addendum agreement with H. S. Green, Incorporated, for operation of the Costa Mesa Golf and Country Club. The present agreement has an expiration date of February 28, 1986. Golf and Country The City Manager reviewed his memorandum of February 11, Club 1985, and reported that the new agreement calls for a term.of .five years, through and including February 28, 1991, with an overall increase in the percentages of the gross income to be paid to the City. H. S. Green has agreed to pay monthly maintenance obligations of some of the appliances. Based upon the fiscal year ending June 30, 1984, the City would realize a total income increase of $37,963:55 under the new contract. The City Manager .recommended that the addendum agreement be approved for five years plus an option extension of the present contract, and that the Mayor and Clerk be authorized to execute the agreement on behalf of the City. MOTION A motion was made. by Council Member Wheeler, seconded Agreement by Council Member Schafer, to approve the agreement as Approved recommended by the City Manager. The motion carried by. the following roll call ,vote : AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: _COUNCIL MEMBERS: None Later in the evening, after the public hearing, John Fetky, representing Southwest Growers and Landscaping, Incorporated!, 21251 Bushard Street, Huntington Beach, staged that-in.November,-1984, Southwest Growers had requested.an-opportunity to submit a proposal for opera- tion of the _ golf , course.. He commented that there is still a year remaining on the present contract with H. S..Green-, Incorporated,_ and he wished to submit a pro- posal. Mayor Hartzog responded that the City Manager .1' was directed to renegotiate the present contract and the addendum agreement has been accepted by the Council. The Mayor.pointed out that it was not necessary for the City.to go out to bid on this item unless an agreement was not reached with Green. PUBLIC HEARING The Clerk announced that this was the time and place Height and Design set for the public hearing to consider an ordinance of Walls and amendment regulating the height and design of walls Fences and fences. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No camunications have been received. The Clerk also presented a proposed resolution adopting amended standards -for the height and design of walls and fences. The Development Services Director referred to staff's memorandum dated February 14, 1985, which contains the following attachments: (1) proposed ordinance; (2) proposed resolution; and (3) Fence Height Study dated January, 1985. The Director reviewed the options shown in the Fence Height Study: Option I - Eight Feet High Mesasured frau Average Grade. This option would increase the permitted fence height to eight feet while retaining the current method of measuring fence height frau grade or, where there is a grade difference, frau the average grade. (This option would also eliminate the current separate provisions for eight -foot -high noise attenuation walls.) Option II - Six Feet High Measured fron Highest Grade. This option would retain the current height limit, but modify the method of measuring that height where there is a grade difference. Option III —Seven Feet High Measured from Highest Grade. This option would increase the permitted fence height to seven feet and, as with Option II, measure that height frau the highest adjacent grade. Option IV - Eight Feet High Measured from Lowest Grade. This option would increase the permitted fence height .to eight feet. Where there is a grade difference, the height would be measured fron the lowest adjacent grade. Exception: where a private property abuts a permanent public open space (street, school, park, golf course, etc.), the private property fence height could be measured frau highest adjacent grade. The Study specifies that the following requirements should be included with any of the proposed options: 1. For fences in excess of six feet, to prevent the blockage of light and/or air from adjacent struc- tures, there shall be a clear radius of at least two -feet, six -inches from a fence to the lowest point of the rafter tail or facia of any adjacent building. (This will primarily help protect older, single -story residential structures where an eave may be only seven feet high and located within inches of a property line.) 1 2. Fence extensions shall be consistent in design, color, and material with the remainder of the fence. The Director then reviewed additional amendments to be considered to Sections 13-235.1 and 15-9 of the Costa Mesa Municipal Code. These amendments are detailed in the Study on Page 6 concerning solid opaque walls or fences, as well as barbed wire fence or thornbearing hedges. The Planning .Commission and Planning staff recommended approval of both the ordinance and resolution, with one change on the first page, Paragragh 2, of the resolu- tion. In the third line of that paragraph, the words "provided, however" should be deleted and replaced with the word "except". Sid Soffer, 900 Arbor Street, Costa Mesa, voiced many objections to the infonxnation contained in the Fence Height Study, the ordinance, and the resolution. Mr. Soffer expressed his opinion that staff has been given too much authority to enforce these requirements. He suggested that guidelines be provided for staff to follow. There being no other speakers, the Mayor closed the public hearing. Council Member Wheeler commented that he would be voting against the ordinance and resolution because he felt that government should not regulate aesthetics; hoviever, he did agree that fence height could be justified as being for the we 1 fare and good of.. the public. Mayor Hertzog stated that she had same concerns with the proposal and suggested that Council review this matter further before making_a decision. Council Member Hall stated that sometimes the Code is ambiguous intentionally,so people will have the oppor- tunity to obtain a variance. He mentioned that staff has been working on this proposal for a year, and favored taking action now without further delays. Vice Mayor Hornbuckle ccnmented that she had no problem with the ordinance and resolution, stating that the City's staff is professional and reliable. She also mentioned that anyone who does not agree with a staff decision can.f ile an -appeal. Council Member Hall mentioned that minor changes can be made to the ordinance prior to second reading and adoption. MOTION On motion by Council Member Hall, seconded by Vice Mayor Ordinance 85-4 Hornbuckle, Ordinance 85-4, being AN ORDINANCE OF THE Given First CITY COUNCIL OR THE CITY OF COSTA MESA, CALIFORNIA, fading REGULATING THE HEIGHT AND DESIGN OF WALLS AND FENCES, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Heartzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Hall, seconded by Council Resolution 85-14 Member Schafer, resolution 85-14, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE.CITY OF COSTA MESA, CALIFORNIA, ADOPTING AMENDED STANDARDS PERTAINING TO THE HEIGHT AND DESIGN OF FAILS AND FENCES, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:15 p.m., and the meet- ing reconvened at 8:25 p.m. NEW BUSINESS The Clerk presented from the meeting of February 4, 1985, Zone Exception ZE-82-132A3, Robert D. Smith/Peter ZE-82-132A3 A. Lendrum Associates,,authorized agents for Thunder- Smith/Lendrum/ bird/Red Lion'Inns, Post Office Box 1027, Vancouver, Red Lion Inns Washington, for a Conditional Use Permit and a Final Development Review for overlapping parking to allow a reduction in the amount of parking, in conjunction with a previously approved 491 -roan hotel located at 3000 Bristol Street in a PDC zone. Environmental Determina- tion: Environmental Impact Report accepted for Specific Plan SP -82-01A. The Development Services Director referred to staff's memorandum of February 14,-1985, and reviewed the options which staff has dedeloped for Council consider- ation: Option 1 - Approve the Requested Reduction. This option represents the Planning Cco mission reconmendation and is based upon the findings of the parking demand study prepared by Linscott, Law and Greenspan. The option -assumes that the hotel will satisfy the midday demand on-site (741 spaces required and 800 spaces provided) but that the hovel will rely on off-site parking in the adjacent office development , to satisfy the evening demand (950 spaces). Option 2 - Deny Requested'Reduction. This option reflects the Planning staff recommenda- tion and is based upon previous reductions (30 percent for the restaurant-, lounge, and meeting room require- ments) approved for similar projects. Selection of this option would require significant revisions in the plans for the hotel to increase the number of spaces frau the 800 proposed to the 921 recommended by staff. Option 3 - Approve Modified Reduction. This option could vary. One option would be to approve the requested reduction for the hotel site (800 spaces) but require the reservation of the addi- tional 121 spaces in the adjacent office parking structure during the midday peak. This arrangement is feasible since the Urban Land Institute Shared Parking Study found that office parking demand drops by 10 percent between noon and 1:00 p.m. From a practical standpoint, additional effort will be required between the hotel operator and the office developer to 'resolve the logistics and mechanics of this arrangement. Indications are that such an agree- ment has been developed for the evening, but has not been expanded to midday. Option 4 - Approve Reduction Subject to Review. Under this option, the hotel would be constructed as proposed for 800 spaces; however, after one year of operation, a study would be conducted to determine the adequacy of the parking. If it is determined that the parking is inadequate, additional spaces would be required. This could be provided by adding an addi- tional level to.the parking structure at the rear of the hotel. Selection of this option would require the inclusion of an additional Condition of Approval as follows: 4. The- provided for the Red Lion Inn shall be evaluated..one year following occupancy of the facility. If it is found that parking is inadequate to meet hotel demand, the parking study shall identify alternative means to satisfy the unmet demand. These alternatives shall include providing additional on- or off-site parking under the direction of the Development Services Director. The Director concluded,.his summary by stating that staff is reluctant'to approve the requested reduction at this time, especially after the parking problems which were encountered at the Tnbstin South Coast Plaza Hotel. The Director answered questions from the Council during which time he pointed out that the Planning Commission had recommended modification of Condition No. 3c: Deposit cash to'construct.transportation improvements approved by the-Director_of Public Services in the amount of $30.00 per trip,'generated by the development as determined fron the generation rags used in the Environmental Impact Report. All Bristol Street,/ Paularino Avenue work, however, may be credited against these trip fees under the direction of the Public Services Department. Previously the cost per trip generated was $58.00. Robert Smith, Fater Lendrum Associates, 2920 East Camel - back Road, Phoenix, Arizona, spoke in support of Option 1 and agreed to Condition.No. 3c as modified. Mr. Smith stated that he would like to show renderings of the project. Paul Wilkinson,'Linscott, Law and Greenspan, 150 Paularino Avenue, Costa Mesa, was present to answer questions frau the Council regarding the parking demand study his company has completed. The International Parking Design Demand Calculations were included with staff's memorandum and the Staff Report. Robert Snider, Thunderbird/Red Lion Inns, 4001 Main Street, Vancouver, Washington, explained why he felt the reduced parking he has requested would meet the needs of the hotel by conparing this'project with other Red Lion Inns in San Jose, California, and in Portland, Oregon. He reported that he intended to have controlled parking at this facility. Mr. Snider also mentioned that the reduced number of parking,spaces he has requested is more than the number of spaces available at the hb stin South Coast Plaza Hotel. He commented that he will work with the developer of the adjacent office development to add more parking for the hotel if needed. He concluded his presentation by stating,that he would agree to option 4; however, he did not believe this option is necessary. Paul Wilkerson spoke again ,to clarify some issues. He reported that at the hb stin South Coast Plaza Hotel, there is one parking space available for each room; the Red Lion Inn proposal is six percent higher. Field studies indicate that 1.2 spaces per room is average; the Red Lion Inn is proposing 1.6 spaces per room. Mr. Wilkerson reported that banquet facilities have a bear- ing on the ratio for adequate parking, and stated that he based the ratio on full use of all facilities of the hotel. During discussion, the Development Services Director pointed that at the outset, the entire development was approved with no property lines, in the same manner that South Coast Plaza was approved, and that no matter where the parking is located, it would serve the entire devel- opment. The City Attorney reccmunended that if Option 4 is approved, a Condition of Approval should be that an agreement be produced between Bed Lion Inns and Greg Butcher, developer of the adjacent office facility, confirming that Mr. Butcher will construct additional parking at his facility if needed. MOTION Vice Mayor Hornbuckle stated that she favored staff's Deny Parking reccmmendation,'and made a motion to deny the parking Ieduction reduction. The motion was seconded by Council Member Wheeler, and further discussion ensued. Council Member Hall spoke in support of the applicant's request based on the comments of the Development Ser- vices director, and his opinion that the calculations submitted by Linscott, Law and Greenspan, and those from the Urban Land Institute Shared Parking Study were very similar. He also commented that additional parking can be added later at the office facility if necessary. SUBSTITUTE MOTION Council Member Hall made a substitute motion to approve Approve ZE-82-132A Zone Exception ZE-82-132A based on the recommendations of the Planning Commission, subject to all conditions with Condition No. 3c modified as stated in the Staff Iaport, and adding Condition No. 4 amended as follows: "The parking provided for the Ped Lion Inn shall be evaluated one year following occupancy of the facil- ity. If it is found that parking is inadequate to meet hotel demand, the parking study shall identify alternative means to satisfy the unmet demand. These alternatives shall include the provision of (instead of providing)' additional on- or off-site parking under the direction of the Development Services Director." Council Member Hall stated .that his motion essentially implements Option 4. Council Member Wheeler expressed his opinion that the change in wording for Condition No. 4 still does not empower the City to require additional parking if it is needed. Council Member Hall requested an interpretation from the City Attorney, and the City Attorney suggested that a sentence be added to Condition No. 4 that states the developer would be required to implement the alterna- tives selected by Council. Council Member Hall amended his substitute motion to include in Condition No. 4 that the developer shall so implement the studies by providing the additional parking. Council Member Schafer suggested that Condition No. 4 include a statement indicating that after one year of operation, a study will be conducted. If additional parking spaces are needed, the spaces will be provided 1'_ 4- by adding another level to the parking structure at the rear of the . hotel. Council.Member Hall commented that this cannot be done because it would violate the City's standards. During further discussion, the Council Members reiter- ated their viewpoints for -.and against the applicant's proposal. Substitute Motion Mayor Hertzog called for a vote on the substitute motion Failed to Carry to approve the parking reduction. The motion failed to carry 3-2, Council Members Hornbuckle, Schafer, and Wheeler voting no. Motion to Deny .'The Mayor called for a vote on the original motion to Carried deny the parking reduction. The motion carried 3-2, Council Members Hertzog and Hall voting no. ZE-82-36A/PA-82-04A On motion by Council Member Hall, seconded by Council Young Member Schafer, and carried 4-1, Council Member Wheeler voting no, extension of the "Backdoor Club" was approved in connection with Zone Exception ZE-82-36A, Redevelop- ment Action RA -82-04A, Katherine Young, authorized agent MOTION for Dennis and Katherine Young, 1773 Newport Boulevard, Extension of Costa Mesa, for a review of the "Backdoor Club" and "Backdoor Club" Condition of Approval No. 2 which limited daytime seat- Approved eatApproved ing for an approved restaurant (Bamboo 'Terrace), located at the above address in a C2 zone. Environmental Deter- mination: Exempt. COUNCILMANIC Council.Member Wheeler congratulated the Costa Mesa COMMENTS Police Departuent on its professional manner of dealing with demonstrators at the Tbstin South Coast Plaza Hotel Police Department during the "Wincem ! 85 ( Winter- Conference on Aerospace Commended and .Electronic Systems) meetings. Funding.for Vice Mayor Hornbuckle announced -that she and Council Estancia High Member Hall will be meeting with Charles Wolf, Director Band Uniforms of the ..Estancia High School marching band, and with a member of the band booster club, to discuss City fund- ing for -band uniforms. The meeting is scheduled for Thursday, February 21. City Newsletter Vice Mayor Hornbuckle staged that she is very interested in the City publishing a newsletter for distribution to all Costa Mesa residents. She asked that this item be placed�on..next Study Session Agenda. Council Member Council Member Schafer was congratulated by the Council Schafer on being elected to her second term as President of the Congratulated Orange Coast Association. ADJOURNMENT At 9:50 p.m., Mayor Hertzog adjourned the meeting to February 20,_1985,_at.5:00_p.m., in the fifth floor Conference Roan of City Hall. of the City Mesa ATTEST: Ci y Clerk of the City of Costa- Me