Loading...
HomeMy WebLinkAbout03/18/1985 - City Councilj REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 18, 1985 The City Council of the City of Costa Mesa, California, met in regular session March 18, 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 Camp Fire Members, and Invocation by the Reverend Don Brendtro, Prince of Peace Lutheran Church. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Council Member Schafer, seconded by Council March 4, 1985 Member Meeler, and carried.5-0, the minutes of the regular meeting of March 4, 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. CERTIFICATES OF Mayor Hertzog presented Certificates of Appreciation to APPRECIATION forner Planning Commissioners Joseph De Carlo, Charles Markel, and Mark Sloate. PROCLAMATION The Mayor read a portion of a proclamation declaring the "Camp Fire Birthday week of March 17 through 23, 1985, as "Campfire Birthday Wsek and Friend- Vgaek" and March 23, 1985, as "Camp Fire Friendship Day" ship Day" in the City of Costa Mesa. Mayor Hertzog presented the proclamation to a Camp Fire member. PROCLAMATION Mayor Hertzog read a portion of a proclamation declar- "Minority Business ing April 4, 1985, as "Minority Business Opportunity Opportunity Day" Day" in the City and presented the document to John M. Kearney, representing the Orange County Chapter of the Regional Purchasing Council, Incorporated. ORAL Alan Schwalbe, 365 East 22nd Street, Costa Mesa, a COMMUNICATIONS 25 -year resident of the City, expressed disappointment that of the many improvements and developments which Sidewalks have occurred in the City, none of these have included sidewalks for the east side or west side. Mayor Hertzog camlented that in the past 10 years, the Council has attempted to encourage those residents to agree to the formation of an assessment district so that sidewalks could be constructed; however, the people have continu- ally rejected that suggestion. Community Service Mayor Hertzog reported that it has been suggested to her Grants to be that the last item on the agenda, Camnunity Service Pro - Held Over gram Grants, be continued for 30 days. All Council Members agreed to the continuation, and thereafter, the Mayor announced that anyone wishing to speak on this item should do so at this time. Martha Earlabaugh, Executive Director, Huntington Beach Camnunity Clinic, 322 Fifth Street, Huntington Beach, reported that the Program Screening Camnittee chose not 168 to allocate funds for the clinic and in view of this, she asked the Council to reconsider that decision. Mayor Hertzog responded that the Council will be review- ing the applications, not necessarily making changes to the recamiendations of the Committee. Crossing Guard Mayor Hertzog announced that the first item under "New Item to be Held Business", appeal of the Traffic Ccomission's denial Over for a crossing guard at 18th Street and Monrovia Avenue, will be continued to April 1, 1985. CONSENT CALENDAR The following item'was removed from the Agenda: Item 9(b), award of contract for Bid Item No. 655, Leased Police Units. On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, the remaining 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 READING FOLDER On motion by Vice Mayor Hornbuckle, 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: Attorney Jon Mower on behalf of Thanas L. Dearing; Attorney Mark Mitchell Oyer on behalf of the Belcher Family; Robert Watkins on behalf of R. Watkins Coachworks; Ralph Dohle; Brian N. Avakian; and Karen Schaal. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Saw, Licenses Incorporated, doing business at 1670 Newport Boule- vard; and Christian and Deanna Lazoore, doing business as Le Cyrano, 2300 Harbor Boulevard, Suite 5. Public Applications received by the Public Utilities Canmis- Utilities sion: Cc mission Application No. 85-02-042 fran the Southern Cali- fornia Edison Canpany for authority to adjust certain energy rates. Applications No. 85-02-071 and No. 85-02-077 frau Southern California Gas Canpany for authority to increase gas rates. Revenues frau report frau the Controller of the State of California the State concerning revenues to be apportioned to counties and cities. These revenues were derived from Highway Users Taxes, Motor Vehicle License Fees, and Off - Highway Motor Vehicle License Fees. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable United Family Purpose has been received fran United Family Associates, Associates Incorporated, doing business as Family Thrift Store, 303 Fast Grove Avenue, Orange, by collecting personal and MOTION reuseable household items for sale in thrift stores, Permit Approved March 18 through December 31, 1985. On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the permit was approved with applica- tion of Section 9-234J of the Municipal Code. United Scottish Notice of Intention to Appeal or Solicit for Charitable Society Purpose has been received frau United Scottish Society, 168 Silver On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, a claim from Kathryn Silver was rejected. Frock On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, a claim from David and Lonnie Frock was rejected. AAA/Ewing Incorporated, 2317 Robinhood Place, Orange, for a two- day festival at the Orange County Fairgrounds on May 25 MOTION and 26, 1985. On motion by Vice Mayor Hornbuckle, sec- Pernit Approved onded by Council Member Wheeler, and carried 5-0, the permit was approved with application of Section 9-234J of the Municipal Code, and subject to one condition A13MINISTRATIVE recommended by the Revenue Division. SET FOR PUBLIC The Director of the Redevelopment Agency has recommended HEARING On motion by Vice Mayor Hornbuckle, seconded by Council Housing Authority Member Wheeler, and carried 5-0, the following item was set for public hearing on April 15, 1985, at 6:30 p.m., MOTION in the Council Chambers of City Hall: R-85-05 Rezone Petition R-85-05, William Papineau, 1610 Papineau Placentia Avenue, Costa Mesa, for permission to Approved rezone properties at 135 and 139 Rochester Street, and an adjacent lot west of 135 Rochester Street from R2 and CL to R3. Environmental Determination: Negative Declaration. Weed Abatement On motion by Vice Mayor Hornbuckle, seconded by Council Program Member Wheeler, Resolution 85-20, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION DETERMINING AND DECLARING THAT RUBBISH AND WEEDS ARE Resolution 85-20 A PUBLIC NUISANCE; DIRECTING THE FIRE CHIEF OR HIS Adopted/Hearing DESIGNEE TO REMOVE SAID RUBBISH AND DESTROY SAID WEEDS Set AS REQUIRED BY LAW; FIXING THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS; AND DIRECTING THE ABATEMENT OF SAID RUBBISH AND WEEDS, setting a public hearing for April 15, 1985, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Vice Mayor Hornbuckle, seconded by Council Cropper- Member Wheeler, and carried 5-0, the claim from James D. Cropper was rejected. Silver On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, a claim from Kathryn Silver was rejected. Frock On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, a claim from David and Lonnie Frock was rejected. AAA/Ewing On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, a claim from Automobile Club of Southern California/Sean Ewing was rejected. Farley On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, a claim from James Farley was rejected. A13MINISTRATIVE ACTIONS The Director of the Redevelopment Agency has recommended the appointment of Alex Skarbek as an alternate repre- Housing Authority sentative to the Orange County Housing Authority Advi- sory Committee. Mr. Skarbek will serve as a backup for MOTION representative Patricia David when she is not available Appointment of for the Committee meetings. On motion by Vice Mayor an Alternate Hornbuckle, seconded by Council Member Wheeler, and Approved carried 5-0, the recommended appointment was approved. Charge Order "I" The Director of Public Services has requested approval ASL Engineers of Change Order "I", in the amount of $3,000.00, to the contract with Aldenuan, Swift and Lewis Consulting 19th Street Engineers, 1201 East Warner Avenue, Santa Ana, for addi- Widening tional design services for the widening of 19th Street 70 from Park Avenue to Fullerton. On motion by Vice Mayor MOTION Hornbuckle, seconded by Council Member Wheeler, the Change Order change order was approved by the following roll call Approved vote: Storm Drain AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler MOTION NOES: COUNCIL MEMBERS: None Change Order ABSENT: COUNCIL MEMBERS: None Change Order No. 1 The Director of Public Services has requested approval Boyle Engineering of Change Order No. 1, in the amount of $2,000.00, to the contract with Boyle Engineering Corporation, 1501 F03 Reach 1, 2, 3, Quail Street, Newport Beach, for additional field sur - 5, and 6 Stone Drain veying for the Upper F03 leach 1, 2, 3, 5, and 6 study for the storm drain alignment through Orange Coast MOTION College. On motion by Vice Mayor Hornbuckle, seconded Change Order by Council Member Wheeler, the change order was approved Approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 3 The Director of Public Services has requested approval Psomas of Change Order No. 3, in the amount of $9,999.50, to the contract with Psomas and Associates, 150-A Paularino Assessment District Avenue, Costa Mesa, for additional soil evaluation and No. 82-2/South observation for Assessment District No. 82-2, South Coast Metro Center Coast Metro Center. On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, the change order was MOTION approved by the following roll call vote: Change Order AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Approved Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 8 The Director of Public Services has requested approval Matt J. Zaich of Change Order No. 8, in the amount of $20,009.20, to the contract with Matt J. Zaich and Sons, Incorporated, Upper F03 Mach 4 309 West Broadway, Glendale, for additional work needed Storm Drain for the Upper F03 Reach 4, Hanover Drive to Merrimac Way, Storm Drain. On motion by Vice Mayor Hornbuckle, MOTION seconded by Council Member Wheeler, the change order Change Order was approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 653 Bids received for Bid Item 653, Demolition and Disposal Demolition of of Various Structures within the City, are on file in Structures the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, the contract was MOTION awarded to William L. Olson, Incorporated, Post Office Awarded to Box 3786, Granada Hills, in the amount of $4,800.00. William L. Olson The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/ The Director of Public Services has recommended approval Norris-Repke of an agreement with Norris-lapke, 17662 Irvine Boule- vard, Suite 7, Tustin, in the amount of $61,000.00, for 18th/Irvine design of the 18th Street/Irvine Avenue stone drain. Stone Drain On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler,,the agreement was approved, and the MOTION Mayor and Clerk were authorized to sign on behalf of the Agreement City. The motion carried by the following roll call Approved vote: r 1 '1 t _.l'� . 17.+u. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler None None Easement Agreement/ The Director of Public Services has requested approval Coast Community of an Easement Agreement with Coast Cmmunity College College District District, 1370 Adams Avenue, Costa Mesa, for a storm drain easement through Orange Coast College property, Storm Drain/Orange and for payment by the District of $77,850.00 in drain - Coast College age fees. On motion by Vice Mayor Hornbuckle, seconded by Council Member DAieeler, the agreement was approved, MOTION and the Mayor was authorized to sign,on behalf of the Agreement. City. The motion carried by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/Pacific The Redevelopment Agency Director has requested approval Savings Bank of an agreement between the Redevelopment Agency, the City of Costa Mesa, and Pacific Savings Bank, 1901 New - Courtyards Project port Boulevard, Costa Mesa, for maintenance of public improvements surrounding the Costa Mesa Courtyards project to the curbline of the street. The only excep- tion is street lighting which will be maintained by the MOTION Southern California Edison Company. On motion by Vice Agreement Mayor Hornbuckle, seconded by Council Member Wheeler, Approved the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler _NOES:. COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/Pacific The redevelopment Agency Director has requested approval Savings Bank of an agreement between the Redevelopment Agency, the City of Costa Mesa, and Pacific Savings Bank, 1901 New- port Boulevard, Costa Mesa, for reimbursement to Pacific Reimbursement for Savings Bank for design and reconstruction of Harbor Harbor Boulevard Boulevard between 18th and 19th Streets, in conjunction Design and with the Costa Mesa Courtyards project. On motion by Construction Vice Mayor Hornbuckle, seconded by Council Member Vbeeler, the agreement was approved, and the Mayor and MOTION Clerk were authorized to sign on behalf of the City. Agreement The motion carried 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 On motion by Council Member Hall, seconded by Vice Mayor Interstate Trucks Hornbuckle, Ordinance 85-5, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION RELATING TO INTERSTATE TRUCKS, was given second reading Ordinance 85-5 and adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Appointments to Mayor Hertzog named those people that she and Vice Senior Citizens Mayor Hornbuckle have recommended for appointment to Committee the City's first Senior Citizens Cemmittee: Two-year terms: Eleanor Horn, Alvin Pinkley, Betty Howard, and Kay Sesma. One-year terms: Leonard Harrison, Kay Rupsa, and Anna Shereshevsky. 172 Alternates: Melva -Heft and Gordon Dean. Council Liaison: Vice Mayor Hornbuckle. Mayor Hertzog also reported that the first meeting of the committee is scheduled for March 20, 1985. MOTION Ccgmnittee A motion was made by Council Member Hall, seconded by Appointments Council Member Schafer, and carried 5-0, approving Approved the recommended appointments to the Senior Citizens Committee. Transition Zone The Clerk presented recamnendations from the Planning staff for design and an economic analysis of the Transi- tion Zone on West 19th Street. The Development Services Director summarized staff's memorandum of March 14, 1985, reporting that at the meting of March 4, 1985, the Council directed staff to investigate the feasibility of a Design Charrette concept for the Transition Zone. A program which appears to be well suited for this zone was co-sponsored by the City of Newport Beach and the Orange County American Institute of Architects (AIA) in 1983. Under this program, Regional/Urban Design Assist- ance ssistance 'Team (R/UDAT) , a team of experts is assembled to study the area and report on solutions to the problems. The team is assisted by students from local colleges. The process can be canpared to a mini version of the Urban Land Institute (ULI) study which was done for the Costa Mesa Redevelopment Agency in 1983. The Director further reported that staff could provide background materials which would include the 1975 "West Side Study", the ULI report on the redevelopment area, minutes of the public meeting scheduled for March 19, 1985, and the economic study for the Transition Zone. The R/UrAT study would be completed during an intensive two-day period and the results presented to the caYmun- ity during a public meeting on the third day. The Orange County AIA has expressed interest in the Transi- tion Zone and estimated that it would take approximately three months to organize it. Since students would be involved, early October, 1985, might be an appropriate time to hold the event. The Development Services Director then reported on the economic study for'the Transition Zone as detailed in staff's memorandum of March 14, 1985. Reaquests for proposals were sent to three economic consultants on February 21, 1985. Staff recommended that the contract be awarded to Keyser -Marston Associates, Incorporated, since this consultant is currently doing studies of the redevelopment area,and the marina, and may have access to additional background information which would enhance the quality of the report. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by R/UDAT Authorized; Council Member Hall, and carried 5-0, directing staff Contract Awarded to proceed with the arrangements for the Transition Keyser -Marston Zone R/UTAT study to be held in early fall, 1985, and revising the scheduling of the Transition Zone Paport so as to incorporate the results of the R/UDAT study; and awarding the contract for an economic analysis of the Transition Zone to Keyser -Marston Associates, Incorporated, 550 South Hill Street, Suite 980, Ips Angeles, in the amount of $9,500.00. 173 WARRANTS On motion by Council Member Hall, seconded by Council Member Wheeler, Warrant resolution 1280, including Pay" MOTION roll 8505, was approved by the following roll call vote: Warrant 1280 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Approved Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Rehearing of set for the public hearing to rehear Council's denial ZE-82-132A3 of Zone Exception ZE-82-132A3, requested by Robert red Lion Inns Snider, Ped•Lion Inns, Post Office Box 1027, Vancouver, Washington, for a Conditional Use Permit and Final Development review for overlapping parking to allow a reduction in the amount of parking, in conjunction with a previously approved 491 -room hotel located at 3000 Bristol Street in a PDC zone. Envirormental Datermina- tion: Environmental Impact report accepted for Specific Plan SP -82-01A.- -The Affidavit of Mailing is on file in the Clerk's office. No camunications have been received. The Development Services Director referred to staff's memorandum dated March 14, 1985, specifically pointing out that if a compromise is reached by approving Option 4 as shown in staff's memorandum of February 14, then staff has recatmended the inclusion of Condition of Approval No. 4: "The parking provided by the Red Lion Inn shall be reviewed by the City Council two years following occupancy of the facility. If the Council deter- mines that parking is inadequate, additional parking to satisfy the unmet demand shall be provided under the direction of the City Council. Nothing in this condition shall preclude an earlier review (i.e. within one year).if it is found that a parking prob- lem exists". The Director also referred to his memorandum dated March 18, 1985, in which he reported that Gordon Davis, consultant for Red Lion Inn, suggested adding the following sentence to Condition No. 4: "Development Services staff and Rad Lion officials shall prepare a monitoring program that will provide to City Council, for its review, an evaluation of parking adequacy and/or problems". In conclusion, the Director stated that research by the staff has indicated that additional levels can be added to the hotel parking structure without encroaching into the setback planes established by the Specific Plan for this portion of Bristol Street. In response to a question frau Vice Mayor Hornbuckle, Robert Snider, Executive Vice President of led Lion Inns, stated that if two levels were added to the parking structure, 118 more parking spaces would be provided. Lamont Smith, Senior Vice President of led Lion Inns, Vancouver, Washington, explained that customer satis- faction is of the greatest importance in making the hotel a success, and that includes convenient parking. He emphasized.that it is very important that Council consider the second parking analysis being presented this evening. Gordon Davis, consultant for }ed Lion Inns, 1020 Taylor Building, Suite,555, Portland, Oregon, reported that 11(74 based on the information from an existing red Lion facility in Bellevue, Washington, the assumption of drive-in for guest roams should be reduced fron 95 to 70 percent; and a 65 percent utilization factor for midday meeting space, and an 80 percent utilization factor for evening meeting space, should be applied. Mr. Davis canmented that it has been his experience that where Fed Lion facilities are located between 1 and 10 miles from a.major airport, such as the Costa Mesa facility, approximately 30 to 40 percent of the guests arrive by led Lion or airport shuttle service or by taxi cabs. Mr. Davis informed the Council that it is the intention of the Red Lion Inn management to regulate parking via shuttle service for employees, if necessary, and by use of traffic guards and valet park- ing. He also mentioned that Ped Lion has a joint -use agreement with California Pacific Properties, developer of the adjacent office facility, to use that property for evening and weekend parking. Mr. Davis submitted copies of the reciprocal easement agreement to the Council Members for their review. Council Member Schafer asked if the appellant was agree- able to the City' s monitoring of the parking for three years, instead of two years, and Mr. Snider responded affirmatively. Council Member TAbeeler asked what the cost would be to add the two levels to the parking structure, and Mr. Snider responded that it would cost approximately $650,000.00. Wilma Feeney, 1154 Dorset Lane, Costa Mesa, urged the Council not to approve the reduction in parking. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, stated that if the parking at the Ped Lion Inn is not adequate, there will be no customers. Mr. Odegaard commented that he was not concerned with the amount of parking, only with the traffic which will be generated by the facility. Jim Aynes, 2811 Loreto Avenue, Costa Mesa, opposed any reduction in parking. Gordon Davis, in responding to the above comments, stated that the dilemma that exists is that the Municipal Code is not up-to-date in regard to parking for mixed uses. Wilma Feeney canmented that if the Cade is inadequate for mixed uses, why have so many large developments been approved. Mayor Hertzog responded that the Code parking requirements which must be updated are for multiple -use hotels only. John Feeney, 1154 Dorset Lane, Costa Mesa, expressed concern that if.the parking is reduced as requested by the appellant, the neighboring residential area will be negatively impacted. There being no other speakers, the Mayor closed the public hearing. Council Member Wieeler expressed his opposition to the reduction in parking, pointing out that guests who are shuttled to the facility and who are doing business in the City will lease cars for these business trips. He also canmented that the developer should proceed with the project as originally approved by Council. 1 Council Member Hall favored the reduction in parking because the appellant has agreed to parking monitoring by the City for up to three years, and that if at any time during that period it has been determined that parking is inadequate, the appellant must add two more levels to the parking structure to acccomodate 118 vehicles. Council Member Hall reported that at Town Center, staff has found that approximately 50 percent of the parking is not used. Vice Mayor Hornbuckle asked for confirmation that the Municipal Code does not address mixed uses for large multiple -use hotels. The Development Services Director responded that the information to that effect, contained in staff's memoranda of February 6 and March 14, 1985, is true. He reported that a study is being done at this time and indications,are that the present Code parking requirements for multiple use hotels is excessive. The Director confirmed the statement by Council Member Hall concerning the amount of parking at Town Center which is not beim utilized. Council Member Schafer stated that she now felt that there were adequate controls to ensure that if addi- tional parking is needed, the appellant must provide an additional 118 spaces. MOTION Council Member Schafer made a motion to approve Zone ZE-82-132A3 Exception ZE-82-132A3, adopting Option 4 as shown in Approved staff's memorandum of February 14, 1985; subject to the conditions as amended at the Council meeting of Febru- ary 19, 1985, with Condition No. 4 amended to indicate that parking will be reviewed by the City Council for three years following occupancy of the facility, and also adding the sentence to Condition No. 4 suggested by the appellant's consultant and which is contained in staff's memorandum dated March 18, 1985; adding Condi- tion No. 5, appellant is to prepare a parking monitor- ing program; and based on the following findings: 1. The requirements of Costa Mesa Municipal Code Section 13-347 have been met. 2. The parking study submitted by the applicant supports the requested parking for the site. 3. Red Lion Inn representatives have verbally indi- cated that the parking ratios of approximately 40 Red Lion hotels throughout the United States are built with 1.5 parking spaces per roan and have proven adequate; however, if problems do arise, applicant would work with California Pacific Properties to provide additional parking at the site. 4. Applicant would appear to be placed in "double jeopardy" if fees for trip ends were increased at this stage of the application. Trip end fees are to remain at $30.00 per trip. 5. Applicant will be adding parking on the property under the direction of the City Council if it is required. 6. The hotel's meeting roans and guest roans have different peak demands as supported by the evi- dence submitted by staff. The motion was seconded by Council Member Hall. 176 Mayor Hertzog mentioned that there are many places where there is overlapping parking, for example, at the new Performing Arts Center. The Mayor called for a vote, and the motion to approve ZE-82-132A3 carried 3-2, Council Members Hornbuckle and Wheeler voting no. RECESS The Mayor declared,a recess at 7:55 p.m., and the meet- ing eeting reconvened at 8:10 p.m. PUBLIC HEARING The Clerk announced that this was the time and place Satellite Antennas set for the public hearing to consider an ordinance concerning the location and treatrnent of satellite earth station antennas. Environmental Datermination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director stated that the pro- posed ordinance was prepared as directed by the Council to specifically address the regulation of satellite earth station antennas and their impacts on adjacent land uses. There are no provisions in the Code at this time regulating such structures. The Planning Canmis- sion's policy has been to regulate these structures as follows: Residential Zones - Treated as accessory structures if ground -mounted. Ccmmercial and Industrial Zones - Treated as mechani- cal equipment. Screening required. The proposed ordinance would regulate satellite antennas by requiring that, whether freestanding or attached to another structure, .they shall be screened frau view frau public rights-of-way and adjacent properties. The Director gave a slide presentation of various satel- lite antennas which have been erected without permits. He pointed out that to ensure that the Code has effec- tive height standards for satellite antennas, a specific height limit should be added to the R1 and CL zones. All other zones have a specific height limit of 30 feet. This issue is covered in the proposed ordinance which will be discussed during the next public hearing. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Ordinance 85-6 Council Member Schafer, to give first reading to Ordi- Given First nance 85-6, being AN ORDINANCE OF THE CITY COUNCIL OF Reading THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING THE LOCA- TION AND TREATMENT OF SATELLITE EARTH STATION ANTENNAS. Council Member Wheeler carnnented that he did not see a need for this regulation, and.stated that he would vote against the motion. Mayor Hertzog called for a vote on the motion to give first reading to Ordinance 85-6. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer NOES: COUNCIL MEMBERS: Hall, Wheeler ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Building Height set for the public hearing to consider an ordinance Limits modifying building height limits in the Rl (Single- NEW BUSINESS The Clerk presented an appeal of the Traffic Cennnis- Crossing Guard sion's denial for a crossing guard at 18th Street and 18th/Monrovia. Monrovia Avenue frcxn Connie Margitan, 780 Center Street, Costa Mesa. Both staff and the appellant have requested a two-week continuance. MOrTION On motion by Council Member Schafer, seconded by Vice Held Over Mayor Hornbuckle, and carried 5-0, this item was con- tinued to the meeting of April 1, 1985. Revised Business The Clerk presented an ordinance adopting revised busi- Tax Regulations ness tax regulations. The Senior Planner summarized his memorandum dated March 14, 1985, stating that the preparation of the ordinance revising the City's business tax provisions resulted frcm the business tax study and discussions at the February 11 and March 11, 1985, study sessions. Much of the new ordinance represents a restatement, with sane technical charges to existing administrative provisions. The major amendments deal with the method -of determining the amount of business tax (Sections 9-25 through 9-28). Also, the 35 existing classifica- tions would be reduced to four: gross receipts for most businesses, and flat rates for contractors; vehicle wheel, bus and taxi; and shows, exhibitions and swap meets. The Senior Planner reported that the new ordinance will improve the renewal procedure in that it provides for business permit renewals at vari- ous times of the year. (At the present time, all renewals are due by July 1 of each year.) The Senior Planner referred to his memorandum dated March'18, 1985, which contains staff's additional recommendations for three minor changes in Sections 9-3, 9-8, and 9-9. He .also recommended changes in Section 9-16: Change title to read: "Exemptions for Non-profit Organizations" (deleting "Charitable and"). Change the -first sentence of Paragraph (a) to read: "The provisions of this Title shall not be deemed or construed to require the payment of a tax to conduct, manage, or carry on any business, occupation, event, or activity, which is conducted, managed, or carried on by or for the benefit of any (delete 'non-profit') religious, charitable, philanthropic, or educational purpose which is organized under a non-profit basis." (The words "which is organized under a non-profit basis" were added.) family Residential) and CL (Carnnercial Limited) zones, and an exception from building height limits for certain antennas. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No camnunications have been received. MOTION On motion by Council -Member Wheeler, seconded by Council Ordinance 85-7 Member Hall, Ordinance 85-7, being AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CON - Reading CERNING BUILDING HEIGHT LIMITS IN THE R1 (SINGLE-FAMILY RESIDENTIAL) AND CL (COMMERCIAL LIMITED) ZONES, AND AN EXCEPTION FROM BUILDING HEIGHT LIMITS FOR CERTAIN ANTEN- NAS, was given first reading and passed to second read- ing by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer Hall, Wheeler WOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented an appeal of the Traffic Cennnis- Crossing Guard sion's denial for a crossing guard at 18th Street and 18th/Monrovia. Monrovia Avenue frcxn Connie Margitan, 780 Center Street, Costa Mesa. Both staff and the appellant have requested a two-week continuance. MOrTION On motion by Council Member Schafer, seconded by Vice Held Over Mayor Hornbuckle, and carried 5-0, this item was con- tinued to the meeting of April 1, 1985. Revised Business The Clerk presented an ordinance adopting revised busi- Tax Regulations ness tax regulations. The Senior Planner summarized his memorandum dated March 14, 1985, stating that the preparation of the ordinance revising the City's business tax provisions resulted frcm the business tax study and discussions at the February 11 and March 11, 1985, study sessions. Much of the new ordinance represents a restatement, with sane technical charges to existing administrative provisions. The major amendments deal with the method -of determining the amount of business tax (Sections 9-25 through 9-28). Also, the 35 existing classifica- tions would be reduced to four: gross receipts for most businesses, and flat rates for contractors; vehicle wheel, bus and taxi; and shows, exhibitions and swap meets. The Senior Planner reported that the new ordinance will improve the renewal procedure in that it provides for business permit renewals at vari- ous times of the year. (At the present time, all renewals are due by July 1 of each year.) The Senior Planner referred to his memorandum dated March'18, 1985, which contains staff's additional recommendations for three minor changes in Sections 9-3, 9-8, and 9-9. He .also recommended changes in Section 9-16: Change title to read: "Exemptions for Non-profit Organizations" (deleting "Charitable and"). Change the -first sentence of Paragraph (a) to read: "The provisions of this Title shall not be deemed or construed to require the payment of a tax to conduct, manage, or carry on any business, occupation, event, or activity, which is conducted, managed, or carried on by or for the benefit of any (delete 'non-profit') religious, charitable, philanthropic, or educational purpose which is organized under a non-profit basis." (The words "which is organized under a non-profit basis" were added.) 178 Nate Dade, Executive Manager of the Costa Mesa Chamber of Commerce, agreed with the recce mendations of staff and canmented that the ordinance is now equitable for all businesses. Don Nolan, Antiques Expo & Sale, Post Office Box 566, La Habra, stated that the new ordinance is excellent because it provides for a fairer taxation. Jim Aynes, 2811 Loreto Avenue, Costa Mesa, asked if - the new ordinance is contrary to the provisions of Proposi- tion 13. The City Attorney responded that the ordinance is not covered in Proposition 13 because the business tax is not a "special tax". Vice Mayor Hornbuckle suggested an amendment on Page 10 of the ordinance which would provide for a tax exemp- tion for those businesses whose gross receipts are $1,000.00 or less. (The ordinance, as written, exempts businesses grossing $500.00 or less.) MOTION Council Member Wheeler made a motion to give first read - Ordinance 85-8 ing to Ordinance 85-8, being AN ORDINANCE OF THE CITY Given First COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING Reading REVISED BUSINESS TAX REGULATIONS, with the following amendments: Page 1, Section 1, Paragraph (c) - Certain of the current business tax provisions may have resulted in an inequitable business tax structure and have created an administrative burden for City Staff and many busi- ness operators. (The word "may" was added.) Page 1, Section 1, Paragraph (d) - Due to the changing nature of businesses in the City, the current Code mea be unclear or ambiguous with respect to its applica- tion to certain businesses. (The words "may be" were added.) Page 6, Paragraph (a) - In line one, delete the words "on the same parcel of land"; in line four delete the words "shown on the same parcel map or final map". Page 6, Paragraph (b) - In line two, delete the words "on the same parcel of land"; in lines five and six, delete the words "shown on the same parcel map or final map". Page 7, Section 9-16 - Make amendments as recanmended earlier by the Senior Planner. Top of Page 10, Section 9-25 - Make amendments to tax exempt businesses as recommended earlier by Vice Mayor Hornbuckle. The motion was seconded by Vice Mayor Hornbuckle, and carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Placentia Avenue The Clerk presented a study of sign and land use regula- Sign and Land Use tions for Placentia Avenue from Wast 16th Street to Regulations Victoria Street. MOTION A motion was made by Council Member Hall, seconded by Current Council Member Wheeler, to retain the existing land use Regulations designations and sign regulations as recommended by the Retained Planning Ccomission. The motion carried 5-0. 178 San Joaquin.Hills The Clerk presented a Memorandum of Understanding for Corridor the San Joaquin Hills Corridor. The Director of Public Services reviewed his memorandum of March 7, 1985, and a memorandum from the City Manager dated March 15, 1985, and explained that the Orange County Board of Supervisors and Transportation Ccmmis- sion have developed a program to fund approximately two- thirds of construction costs for the San Joaquin Hills Corridor by using fees imposed on new developments. When the program was first initiated, the portion of Costa Mesa affected was that area bordered on the north- west by the 55 Freeway, and on the south and east by the 73 Freeway. Because of the development occurring, in north Costa Mesa, some cities, as well as the County, suggested expansion of Costa Mesa's boundaries. Costa Mesa staff retaliated that there are portions of the City of Santa Ana, John Wayne Airport, and Santa Ana Heights that should also be included in the corridor. The Director referred to the map attached to his memor- andum of March 7 which shows that the new expanded boundary is bordered by Sunflower Avenue, MacArthur Boulevard, the Santa Ana River, the 405 Freeway, Harbor Boulevard, Merrimac Way, Fairview Road, Fair Drive, and Del Mar Avenue. As a result of this expanded boundary, Santa Ana Heights is now included in the corridor fee program, the limits of Costa Mesa have been expanded, and parts of Santa Ana have been included in the Eastern Foothill Corridor. The Director staged that the Memorandum of Understanding merely commits the City to participate in continued efforts to review and revise the draft program until it is found acceptable to all parties. The City would then, by separate action, adopt the developer fee pro- gram, and then enter into the joint powers agreement at a later date. Staff has recam-ended that 'if the Council adopts the Memorandum of Understanding, policy statements contained on Page 2 of the Director's March 7 memorandum should be included, along with a request to reduce Costa Mesa's corridor boundaries. MOTION A motion was made by Council. Member Hall to adopt the MOU Adopted Memorandum of Understanding (MOU) with the following policy statements included (1) The expanded area of Costa Mesa at the present time is too intense and should be reduced to the area northeast of the following boundaries: beginning at the Santa Ana River along the 405 Freeway to the 73 Freeway, then along the 73 Freeway to Santa Ana Avenue , south on Santa Ana Avenue to Del Mar Avenue, then easterly on Del Mar Avenue to the City limits. (2) The County of Orange should participate recipro- cally in the intercity area fee program for the airport and Santa Ana Heights; and fee dispari- ties in the intercity area should be rectified. (3) Missing Route 73/55 Freeway connectors and main- line Route 73 improvements in Costa Mesa should be included in the Corridor Program. The motion was seconded by Council Member Wheeler, and carried 5-0. Small Car Parking The Clerk presented a report from the Planning Division Deport concerning small car parking. Since this item was discussed at length at the Study Session of March -11, 1985, it was not necessary for the Development Services Director to make a detailed presen- tation. The Planning Commission and Planning staff have reccymmnded that the ordinance be amended in accordance with Option 5 as shown in staff's memorandum of March 14, 1985. Russell Gilbert, 265 Briggs Avenue, Costa Mesa, Chairman of the Industrial Committee of the Costa Mesa Chamber of Commerce, stated that the committee had worked closely with staff'on the ordinance change and urged the Council to approve the recommended modifications. Douglas Yates, 274 Cecil Place, Costa Mesa, expressed concern with the recommendation to allow compact parking in the Commercial Zone to be increased from 25 to 40 percent upon approval of the Zoning Administrator. He also commented that the trend will not be to reduce the size of vehicles because the trend in Japanese cars is for luxury sedans and sport cars. In response to Mr. Yates's concern regarding the commer- cial zone, the Development Services Director stated that as Zoning Administrator, he probably would not approve 40 percent for a retail situation; however, 40 percent is usually appropriate for office complexes where park- ing can be assigned. The Director further commented that staff would analyze each project to determine if the 40 percent small car parking would be viable. John Feeney, 1154 Dorset Lane, Costa Mesa, asked if any homeowner groups had worked with staff regarding the residential Zone, and -if the Chamber of Commerce and staff only discussed the Industrial Zone. Mr. Feeney also asked whether or not the 40 percent of unassigned spaces for the lasidential Zone was an increase. The Development Services responded that 40 percent for the residential area is an increase. Nate Reade, Executive Manager of the Costa Mesa Chamber of Commerce, reported that the Chamber Industrial Com- mittee limited their study to the Industrial Zone since that was the only zone of concern to them. MOTION A motion was made by Council Member Wheeler, seconded by Staff Directed to Council Member Schafer, and carried 5-0, directing staff Prepare Ordinance to prepare an ordinance regarding small car parking in accordance with staff's memorandum of March 14, 1985, including the suggestions and provisions contained therein. Community Service Program Grants On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, allocation of revenue MOTION sharing funds for community service programs was Held Over continued to the meting of April 15, 1985. COUNCILMANIC Council Member Wheeler expressed concern that developers COMMENTS are continually asking for variances or Conditional Use Permits, and suggested that they submit the project they Project Changes intend to build. Intercity Liaison Mayor Hertzog announced a change to the committee Committee appointments which she had made on March 4, 1985: Mayor Hertzog will replace Council Member Wheeler on the Intercity Liaison Committee. ADJOURNMENT TO At 9:05 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Roan to discuss personnel matters. No action was taken. ADJOURNMENT The Mayor declared the meeting adjourned at 9:45 p.m. ATTEST: _ ty Clerk of the City of Cost9 Mesa