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HomeMy WebLinkAbout06/03/1985 - City Council, 43 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 3, 1985 The City Council of the City of Costa Mesa, California, met in regular session June 3, 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, and Invocation by the Reverend Carl Omaye, Orange Coast Free Methodist Church. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Wheeler, Schafer, Hall 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 Hall, seconded by Council May 20, 1985 Member Wheeler, and carried 5-0, the minutes of the regular meeting of May 20, 1985, were approved as distributed and posted. ORDINANCES A motion was made by Council Member Wheeler, seconded by Council Member Hall, and carried 5-0, to read all ordinances by title only. ORAL COMMUNICATIONS Raymond Westland, representing residents of Trailertown Mobile Home Park, 327 West Wilson Street, Costa Mesa, Rent Increases submitted a letter frcin the Trailertown Carnnittee at Trailertown informing the Council of the 35 percent increase which Mobile Home Park has been imposed by the new owners of the Trailer Park. The residents are requesting that Council consider rent stabilization or arbitration and to grant a rent moratorium to mobile have owners of Costa Mesa. Earl Hosler and Stephanie Lund, members of the Trailer - town Canmittee,,also spoke in support of the request contained in their letter. Political Signs Jim Aynes, 2811 Loreto Avenue, Costa Mesa, reported that there are two political signs still remaining near the intersection of -Baker and Bear Streets, and that these signs have been there since the November, 1984, elec- tion. The Development Services Director responded that he would direct staff to have the signs removed. CONSENT CALENDAR on motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, 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 Vice Mayor Hornbuckle, resolution 85-47, being A RESOLUTION Wanan of the Year OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA COMMENDING FLORENCE SCHUMACHER ON BEING CHOSEN MOTION WOMAN OF THE YEAR IN RECOGNITION OF OUTSTANDING COMMUN- Resolution 85-47 ITY SERVICE, was adopted by the following roll call Adopted vote: M, Man of the Year MOTION Resolution 85-48 Adopted READING FOLDER AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler None None On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, Resolution 85-48, beim A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, COMMENDING FRED J. OWENS ON BEING CHOSEN MAN OF THE YEAR IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following Fading Folder items were received and processed: Claims Claims received by the City Clerk: Attorney Peter T. Steinberg on behalf of Judy Milan and Michael Bornia; David M. Crawfords Michael R. Gorman; Sandra Matthews; Attorney David W. Graf on behalf of Lisa Mahony; Lynn V. Perrin; West American Insurance Ccmpany/Kenneth A. Larkin; Shelley Hickok; Monica Lynn Struthers; and Attorney C. R. "Bud" Marsh on behalf of Barbara and Harold Wyant. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: The Licenses Stove Corporation, Incorporated, doing business as The Stove, 1969 Harbor Boulevard; Fan Tiu Wong and Wai Lin Tse, doing business as Colonial Kitchen, 512 West 19th Street; Kyotaru.America Corporation, doing business as The Cafe on Bristol Street, 3099 South Bristol Street; and Alvin F. and Boris L. Boehm, and Gene H. Faulstick, doing business at 752 St. Clair Street. Public The following notifications have been received from Utilities the Public Utilities Ccxmnission: Commission Notice that Southern California Edison Company has filed Application No. 85-05-008, for authorization to make modifications to San Onofre Nuclear Generat- ing enerating Station Unit No. 1; and authorization to make adjustments in the electric revenue adjustment mechanism. [1 Notice that Southern California Edison Ccxmpany has filed Application No. 85-05-055, for authority to change its energy cost adjustment billing factors. Department of Notice of public hearing from the Department of Indus - Industrial trial Relations to consider revisions to the Cali - Relations fornia Administrative Code concerning the payment of prevailing wages on public works projects.. Local Agency Notice from the Local Agency Formation Commission Formation advising that a determination will be made without Commission notice or hearing on June 5, 1985, regarding a pro- posed annexation to the Costa Mesa Sanitary District, designated Engineer's No. 215 Annexation, located northwest of the intersection of Arbor Street and Whittier Avenue, immediately east of Sundance Drive, and containing approximately 2.37 acres. City Employees Cammunication fram Ronald V. Craig, O.D., 497 - 16th Ccxmnended Place, Costa Mesa, thanking the Costa Mesa Fire Departnent, Police Department, and in particular, the [1 �45 Paramedic Team, for their efforts in trying to save his grandson's life. SET FOR PUBLIC HEARING On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following items were set for public hearing on June 17, 1985, at 6:30 p.m., in the Council Chambers of City Hall: Small Car Parking Ordinance to consider increasing the number of small Spaces car parking spaces allowed, and clarifying wording in the Municipal Code sections dealing with parking. Environmental Determination: Exempt. Parking Standards Ordinance amending the Municipal Code establishing for Commercial parking standards for caYmercial projects over 100,000 Projects square feet, and allowing reduced parking for mixed- use projects. Environmental Datenuination: Exempt. REJECTED CLAIMS On motion by Council Member Schafer, seconded by Vice Avakian Mayor Hornbuckle, and carried 5-0, the claim from Brian Avakian was rejected. Hendrickson On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim frau Donna Louise Hendrickson was rejected. AEMINISTRATIVE ACTIONS The Director of Public Services has requested approval of Change Orders No. 14 and No. 15, for $19,048.00 and Change Orders $14,061.40, respectively, to the contract with Clarke 14 and 15 Contracting Corporation, 1218 South Alameda Street, Assessment District Campton, in connection with Assessment District No. 82-2/South No. 82-2, South Coast Metro Center. The change orders Coast Metro Center are final quantity adjustments for concrete work and water service installation. On motion by Council Member MOTION Schafer, seconded by Vice Mayor Hornbuckle, the change Change Orders orders were 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 663 Bids received for Bid Item 663, Sound Monitoring System Sound Monitoring in the Police Building, are on file in the Clerk's System office. On motion by Council Member Schafer-, seconded by Vice Mayor Hornbuckle, the contract was awarded to MOTION Audio/Video Services, Post Office Box 1927, Garden Awarded to Grove, in the amount of $6,529.56. The motion carried Audio/Video by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 666 Bids received for Bid Item 666, One Color Film Negative Film Negative Processor, are on file in the Clerk's office. On motion Processor by Council Member Schafer, seconded by Vice Mayor Hornbuckle, the contract was awarded to Colenta America, MOTION 1150 Knollwood Circle, Anaheim, in the amount of Awarded to $13,000.00 plus tax. The motion carried by the follow- Colenta America ing roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 667 Bids.received for Bid Item 667, Re -roof Downtown CaTmun- Ra-roof Downtown ity Center, are on file in the Clerk's office. On Canmunity Center motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, all bids were rejected MOTION and staff was authorized to prepare revised specifica- Bids l�ejected tions to be mailed to interested vendors. 42 -MG Bid Item 668 One bid received for Bid Item 668, 165 Sets of Gutter Gutter Brooms Broems, is on file in the Clerk's office. On motion by Council Member Schafer, seconded by Vice Mayor MOTION Hornbuckle, the contract was awarded to San Diego Awarded to Mary Brown Company, Incorporated, Post Office Box San Diego Rotary 847, Escondido, in the amount of $9,444.60. The motion Brom carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 23rd Street Bids received for Improvements on 23rd Street east of Improvements Santa Ana Avenue are on file in the Clerk's office. On motion by Council Member Schafer, seconded by Vice MOTION Mayor Hornbuckle, the contract was awarded to Fecit Awarded to Strata, 10727 Leland Avenue, Whittier, in the amount Fecit Strata of $27,690.00. 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 Traffic Signals Bids received for Installation of Traffic Signals at at Victoria/Valley Victoria Street and Valley Road and Signal Modifications and on Victoria on Victoria Street and on Red Hill Avenue are on file and on Red -Hill in the Clerk's office. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, the contract MOTION was awarded to Steiny and Company, Incorporated, 2230 Awarded to East Orangethrorpe Avenue, Fullerton, in the amount of Steiny and Company $134,665.00. 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 Notice of Completion The Signal Modifications on West 19th Street at Pomona Signal Modifications Avenue and at Placentia Avenue have been canpleted to on hb st 19th at the satisfaction of the Director of Public Services Pomona and at by Superior Signal Service, 7224 Scout Avenue, Bell Placentia/Superior Gardens. On motion by Council Member Schafer, seconded Signal Service by Vice Mayor Hornbuckle, the work was accepted; the Clerk was authorized to file a Notice of Completion; MOTION Council ordered the release of retention funds 35 days Work Accepted after filing the Notice of Completion; the Labor and Material Bond was ordered exonerated 7 months after filing the Notice of Ccmpletion; and the Performance Bond was ordered exonerated 12 months after filing the Notice of Completion. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES:' COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Cempletion The Reconstruction of Alleys between Coriander Drive Reconstruction of and Caraway Drive has been completed to the satisfaction Alleys between of the Director of Public Services by E. C. Construction Coriander and Company, 2213 North'Chico Avenue, South E1 Monte. On Caraway/E. C. motion by Council Member Schafer, seconded by Vice Construction Mayor Hornbuckle, the work was accepted; the Clerk was authorized to file a Notice of Completion; Council MOTION ordered the immediate release of retention funds; the Work Accepted Labor and Material Bond was ordered exonerated 7 months after filing the Notice of Canpletion; and the Perform- ance Bond was ordered exonerated 12 months after filing the Notice of Completion. The motion carried by the following roll call vote: 1 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/Orange The Assistant City Manager has recam-nended approval of County Consolidated an agreement with Orange County Consolidated Transpor- Transportation tation Service Agency, 1440 East First Street, Fourth Floor, Santa Ana, to provide transportation services for the elderly. The agreement extends the existing MOTION contract for one year and expires June 30, 1986. On Agreement motion by Council Member Schafer, seconded by Vice Mayor Approved Hornbuckle, 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 Roberti-Z'Berg On motion by Council Member Schafer, seconded by Vice Open Space and Mayor Hornbuckle, Resolution 85-49, being A RESOLUTION Recreation Funds OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER MOTION THE ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION Resolution 85-49 PROGRAM, was adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS Conflict of Interest Code MOTION Ordinance 85-13 Adopted Regulating Parking of Vehicles MOrTION Ordinance 85-16 Adopted On motion by Council Member Hall, seconded by Council Member Schafer, Ordinance 85-13, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE LISTING OF POSITIONS COVERED BY THE CONFLICT OF INTEREST CODE OF THE CITY OF COSTA MESA, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Council Member Hall, seconded by Vice Mayor Hornbuckle, Ordinance 85-16, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELATING TO THE REGULATION OF THE PARKING OF VEHICLES, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: .NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler None None Purchase of The Clerk presented a report concerning the feasibility McClellan Property of purchasing the McClellan property located north of for Canyon Park Arbor Street and west of Whittier Avenue as an extension Extension of Canyon Park. The City Manager referred to his memorandum of May 29, 1985, and reported that the parcel contains approxi- mately 2.4 acres and is owned by Cal American Financial Corporation who purchased the property frau Rollo McClellan. The owner is planning a 16 -unit residential project for the site (Tentative Map for Tract 12067R and Planning Action PA -85-70). An official appraisal, one which could be used in court, would cost approxi- mately $4,000.00,to $5,000.00 and would take a maximum of six.weeks to canplete. The developer indicated that estimated cost to date for the project is $50,000.00. -k7 The City Manager mentioned that since Canyon Park is already designed and almost ready to go to bid, it would be difficult to change the plans to include this parcel in the open space concept without considerable delays and additional design costs. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, thanked Council Member Hall'for suggesting that the purchase be considered, and thanked the City Manager for preparing the report. Mr. Pizarek indicated that the neighboring residents are concerned with the additional traffic which will be generated by the project, particularly on Sundance Drive. Mr. Pizarek also commented that it was his understanding that the Mesa Consolidated Water District is asking that the City pay for the water line through the McClellan property into Canyon Park. He opposed public funds being used to provide water lines for a private development. In response to an inquiry frau Sid Soffer, 900 Arbor Street, Costa Mesa,,Mayor Hertzog stated that the Council will make a'final decision this evening. Council Member Wheeler asked for further information regarding the waterline. The City Manager responded that the Water District has informed him that in order to provide water for Canyon Park, the line must cane through the McClellan property. Noel Hart, representing Mr. McClellan reported that the water line for the subject property is already in place; however, the line must be continued through the McClellan parcel in order to provide water for Canyon Park. Vice Mayor Hornbuckle camnented that the cost to pur- chase the site is excessive, and acquisition of the property would not be beneficial to the majority of Costa Mesa residents. MOTION A motion was made by Vice Mayor Hornbuckle, seconded Purchase by Council Member Wheeler, and carried 5-0, to abandon Rejected the concept of purchasing the McClellan property. PA-85-70/Tract The Clerk presented frau the meeting of May 6,, 1985, 12067R Planning Action PA -85-70 and Tentative Map for Tract McClellan 12067R, Daugherty and Hart, AIA, 1180 North Coast Highway, Laguna Beach, authorized agent for Rollo W. McClellan, 2424 Windward Lane, Newport Beach, for a Planned Development Review for a 16 -unit planned residential project and a 17 -lot subdivision for property located north of Arbor Street and west of Whittier Avenue in a PDR -LD zone. Environmental Determination: Negative Declaration. The Development Services Director reviewed staff's memorandum of April 26, 1985, and the Staff Report. The project has been reduced from 23 units to 16 units. The project density is 6.7 units per acre and is con- sistent with the range allowed in the PDR -LD (Planned Development Residential - Low Density) zone. The neigh- bors living on the bluffs above the site are concerned about noise from pool activity, chimney smoke, erosion below their haves, and their views being obstructed by trees. The Director canted on Condition No. 1 as amended by the Planning Commission: "Applicant shall include a requirement within the CC& R's (Covenants, Conditions, and Restrictions) that limits the selection of landscap- ing to trees that will not interfere with the view of 2-49 surrounding properties.". The Director recommended alternative wording that would better meet the intent of the Planning Commission: "The homeowners associa- tion shall select and maintain trees and landscaping so that views from adjacent properties are not adversely impacted. A condition to this effect shall be included in the CC& R' s" . The Planning Cammission reccmmnded adoption of the Negative Declaration, approval of the Tentative Map subject to conditions, and approval of the Planning Action subject to conditions as amended, with Condition No. 42 deleted as recommended by the Fire Department. Noel. Hart, authorized agent, reported that the pool is buffered by two buildings and landscaping; and pool hours are determined for the protection of the project residents. Mr. Hart also agreed to all conditions. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, expressed his appreciation to the Council for all the time they have spent listening to the citizens. He reiterated his previous statements concerning increased traffic on Sundance Drive, and possible erosion problems. MOTION Based on staff's analysis and findings, Council Member PA -85-70 and Wheeler moved to adopt the Negative Declaration of Tract 12067R Environmental Impact; approve Planning Action PA -85-70 Approved subjectto conditions with the following modifications: arnend.Condition.No. 1 as recommended by the Development Services Director; add a condition that the CC&R's shall include a condition limiting the operation and hours of pool activity from 8:00 a.m. to 10:00 p.m. Sunday through Thursday, and from 8:00 a.m. to 11:00 p.m. Friday and Saturday; adding a further condition that wood burning fireplaces shall not be allowed and that such a condition shall be included in the CC&R's; and to adopt the 'Tentative Map for Tract 12067R subject to all conditions contained in the Staff Report. The motion died for lack of a second. A motion was -made by Council Member Hall, seconded by Council Member Schafer, restating the motion made by Council Member Wheeler excluding the condition relating to wood burning fireplaces. The motion carried 5-0. VARRANTS On motion by Council Member Hall, seconded by Vice Mayor MOTION Hornbuckle, Warrant Resolution.J287, including Payroll Warrant 1287 8510, 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 MOTION On motion by Council Member Hall, seconded by Vice Mayor Warrant 1288 Hornbuckle, Warrant Resolution 1288 was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER REPORTS The City Manager presented the City's Budget for fiscal year .1985.-86. He reviewed his City Manager's Budget 1985-86 Budget Message contained in the document. Total recommended appropriation for operations and capital improvements is $47,008,595.00. This includes salary adjustments for all City employees as outlined in the Memoranda of .Understanding with the three employee associations, and which were approved by Council in 1984. Some of the major items contained in the budget include aWbstside Satellite Police Facility; replacement of one helicopter with the lease/purchase of a "low noise" helicopter which should reduce outside noise by 50 per- cent; construction of the Civic Center Fire Station; storm drain construction; and an appropriation for the initial payment to acquire the Fairview Regional park site from the County of Orange. The City Manager stated that of the total revenues, retail sales tax continues to comprise the largest resource category at 38.5 percent. The property tax estimate will comprise 13.5 percent of total resources. In conclusion, the City Manager recamuended that the Council's current policy of maintaining a cash reserve of 25 percent of the operating budget be continued and that policy is included in the budget. Public discussion of the 1985-86 budget will be held at the Council meting of June 17, 1985. Former Mayor Alvin Pinkley commended the staff on an excellent budget. Salary Increase The City Manager presented a resolution providing for for City IImployees salary increases for fire, police, and miscellaneous employees. The resolution reflects a five percent increase for most employees for the second year wage increase agreed upon with the three employee organiza- tions. MOTION Council Member Hall -made a motion to adopt Resolution Resolution 85-50 85-50,'being A RESOLUTION OF THE CITY COUNCIL OF THE Adopted CITY OF COSTA MESA,IESTABLISHING THE BASIC PAY SCHEDULE, ESTABLISHING THE RATES OF PAY FOR CLASSIFICATIONS AND EMPLOYEES PLACED UNDER THE BASIC PAY SCHEDULE. The motion was seconded,by Council Member Schafer. Council Member Wheeler commented that the Council recently approved new pay scales for administrative employees and that they received a larger increase than 5 percent. He pointed out that in light of the 6.9 percent increase insrevenues, and in light of the diffi- culty in recruiting certain members to serve as City family employees, that a larger increase may be neces- sary to attract new,employees, and to retain the high caliber of present employees. The motion to adopt solution 85-50 carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Report on Accessory The City Clerk presented a report from the Planning Dwelling Units staff on alternative approaches to accessory dwelling units. The Development Services Director summarized staff's report contained in a memorandum dated May 30, 1985. California State Law includes two sections concerning accessory dwelling units. The first of these, Section 65852.1, states: . . any city . . . may issue a zoning variance, special use permit, or conditional use.penmit for a dwelling unit to be constructed, or attached to, a primary residence on a parcel zoned for a single- fl J family residence, if the dwelling unit is intended for the sole occupancy of one adult or two adult persons who are 60 years of age or over, and the area of floor space of the dwelling unit does not exceed 640 square feet!'. The other section (65852.2) requires local jurisdictions to approve second units which ccanply with the eight standards detailed in staff's memorandum. Eccal jurisdictions may adopt ordinances which are less restrictive, but the only additional limitations allowed are provisions which limit accessory units to specific geographic areas, establish a maximum size for the units, or require that the property be owner -occupied. After the Development Services Director completed his summary of the six-page report, Council Member Wheeler suggested that this item be referred to a Study Session for further review. MOTION Council Member Wheeler made a motion to refer the report Referred to to the Study Session of July 8, 1985. The motion was Study Session seconded by Vice Mayor Hornbuckle, and carried 5-0. PUBLIC HEARING The Clerk announced that this was the time and place set Appeal of PA -85-77 for the public hearing to consider an application from Duckett Lance'Thampson-Hailstone, President of the Mesa del Mar Homeowners Association, 1102:E1 Camino Drive, Costa Mesa, appealing the Planning Commission's approval of Planning Action PA -85-77, Lloyd G. Duckett, 891 Cortez Street, Costa Mesa, for a Conditional Use Permit to construct an accessory apartment in conjunction with an existing single-family residence, and a variance from parking, located at 891 Cortez Street in an Rl zone. Environmental Determination: Exempt. The Affi- davit of Mailing is - on . file , in the Clerk's office. No communications have been received. The Development Services Director referred to staff's memorandum of May 29, 1985, and reported that the Plan- ning Commission recommended approval of the request. The Planning staff recommendations to approve the project were based on the fact that the proposed acces- sory unit meets both the requirements and the intent of State law regarding accessory living units for senior citizens. The unit does not exceed 640 square feet and is intended for occupancy of two adults over 60 years of age. The unit was processed as a "granny flat" since the addition exceeds the allowable 10 percent increase over the floor area of the existing residence. The appeal filed by the homeowners association expresses concern that the accessory unit could be converted into a "bootleg" apartment some time in the future. This potential problem has been recognized by staff but should be mitigated by the fact that the accessory dwelling unit is only accessible from the living area of the primary residence and because conditions of approval require the filing and recordation of a land use restriction and the prohibition of a separate out- side utside entrance to the accessory living unit. Lance Thompson -Hailstone, the appellant, reiterated the concerns of the homeowners association as stated in their appeal. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that there is no way of controlling the number of people who live in a residence. 252 The applicant, Lloyd Duckett, was present and described the location of the.den and sliding glass door leading to the back yard. ' There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hall, seconded by PA -85-77 Mayor Hertzog, to approve Planning Action PA -85-77 Approved based on the analysis and findings of staff and the reccomendation of the Planning Camission, and subject to all conditions contained in the Staff Report. Council Member Vmeeler asked that the following phrase be added to Condition No. 1: "and that an owner of the property shall live in one of the units at all times". Council Member,Hall amended his motion to include the aforementioned wording. The amended motion was seconded by Mayor Hertzog, and carried 5-0. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -85-80 set for the public hearing to consider an appeal of the Summers/Evans Planning Ocmnission's denial of Planning Action PA -85-80 from Roger Summers, 20292 Southwest Birch Street, Santa Ana Heights, authorized agent for Charles R. Evans, 2122 Orchard Drive, Santa Ana Heights, for a Conditional Use Permit to legalize an existing accessory living unit as a "granny flat", with a variance fran parking require- ments,.located at 262 Walnut Street in an R1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A ccmnunication has'been received from the authorized agent requesting that this item be continued for two weeks. MOTION On motion by Council Member Schafer, seconded by Vice Held Over Mayor Hornbuckle, and carried 5-0, the public hearing was continued to the meeting of June 17, 1985. RECESS The Mayor declared a recess at 8:30 p.m., and the meet- ing eeting reconvened at 8:40 p.m. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -85-65 set for the public hearing to consider an appeal of a Martucci Planning Carnmission Condition of Approval for Planning Action PA -85-65, from Pete J. and Anna M. Martucci, 387 Costa Mesa Street, for a variance from side yard setbacks to allow construction of a roan addition to an existing, nonconforming, single-family residence at the above address in an Rl zone. Environmental Determina- tion: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No ccomunications have been received. In the Planning staff memorandum of May 29, 1985, it states that the Planning Commission approved Planning Action PA -85-65 and the applicants are appealing Condi- tion of Approval No. 6: "Obtain a permit from the City of Costa Mesa Engineering Division at the time of development and then remove any existing westerly drive and/or curb depression that will not be used and replace with full height curb at applicant's expense". The applicants indicated in their appeal that the drive- way is necessary to provide an additional off-street parking space because of the high demand for on -street parking spaces created by a church at the corner of Tustin Avenue and Costa Mesa Street; however, staff Are noted that the church at,19.19 Tustin Avenue is operating in an Rl zone without benefit of any City approvals. The Development Sery ices Director commented that if directed -by Council, the Code Enforcement Division could investigate the church use and associated parking prob- lems. Anna Martucci was present and explained that the subject driveway is being used by her neighbor as a parking space, and if the approach were removed it would result in his having to park on .the street. She pointed out that there are approximately 20 vehicles presently park- ing on the street, and to . remove the space she now has would only add to the on -street parking problems. Sid Soffer, 900 Arbor Street, Costa Mesa, disagreed with the conditions imposed for this project. There being no other speakers, the Mayor closed the public hearing. In response to a question from Council Member Hall, the Development Services Director reported that Condition No. 7, concerning trees in the front setback, is not a Code requirement. MOTION Council Member Hall moved to delete Conditions No. 6 and Conditions No. 6 No. 7 from Planning Action PA -85-65 based on the finding and No. 7 Deleted that an unusually high requirement for parking exists in the neighborhood and to satisfy those parking require- ments, the present on -sits parking should continue to exist. The motion was seconded by Council Member Wheeler, and carried 5-0. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Directed Member Wheeler, and carried 5-0, Code Enforcement staff Investigation were directed to investigate the church use and associ- of Church Use ated parking problems. PUBLIC HEARING The Clerk announced.that this was the time and place set Appeal of PA -85-88 for the public hearing to consider an appeal of the Craig/Lindborg Dahl Planning.Camission's denial of Planning Action PA -85-88 from Stephen Craig, -1011 El Camino Drive, Costa Mesa, authorized agent for Lindborg Dahl -El Camino, 17220 Newhope Street, Fountain Valley, for a Conditional Use Permit to allow 10 electronic game machines in an exist- ing xisting liquor store,at 1011 El Camino Drive in a Cl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. One communication in opposition to the application has been received from Floy Newman, 1068 El Camino Drive. The Development Sery ices.Director referred to staff's memorandum of May 28, 1985. The Planning Commission denied the application because they felt that combining game machines, liquor sales, and children is not appro- priate for a site bordered by residences. The Planning staff recommended approval because the Conditions of Approval would provide adequate protection for the neighborhood and the children using the game machines. The applicant appealed the decision of the Cmnission because he contends he can adequately monitor the use of the game machines as well as satisfy all Conditions of Approval. He suggested turning off the machines between 8:00 a.m. and 3:00 p.m., Monday through Friday, during the school year. , The Director camnented that during the two year the establishment has been at this location, neither the police nor Planning staff have received any conplaints. Stephen Craig reported that when he had only three game machines, the establishment was very congested at peak hours; however, since he has added additional games, this situation has been resolved. He caiTtented that more families utilize the games presently and submitted a petition signed by 32 residents over 18 years of age supporting the placement of additional video games in the store. While answering questions from the Council, Mr. Craig mentioned that liquor storage is not near the area where the games are located. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the application. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hall to approve PA -85-88 Planning Action PA -85-88 based on the analysis and find - Approved ings of staff and subject to all conditions contained in the Staff Report. The motion was seconded by Council Member Schafer, and carried 5-0. PUBLIC HEARING The Clerk announced that this was the time and place set Outdoor Seating for the public hearing to consider an ordinance amending for Restaurants the Costa Mesa Municipal Code concerning outdoor seating for restaurants. Environmental Detennination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his support for the ordinance. There beim no other speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 85-17 Member Schafer, Ordinance 85-17, being AN ORDINANCE OF Given First leading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING OUTDOOR SEATING AREAS FOR RESTAURANTS, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place SP -85-01 set for the public hearing to consider Specific Plan SP -85-01, regarding zoning and development options for properties bordered by Newport Boulevard, East 16th Street, Orange Avenue, and East 17th Street, except for properties located at 175-195 East 17th Street and 1683-87 Orange Avenue. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No canmunications have been received. The Senior Planner reviewed the document detailing the Specific Plan which was forwarded to the Council with staff's memorandum of May 29, 1985. In March, 1985, Council approved General Plan Amendment GP -85-1C and directed preparation of a Specific Plan to guide future development in the aforementioned area. 255 The Specific Plan Study Area covers 15 parcels contain- ing approximately 11 acres. All properties have a Commercial Center General Plan designation. 'Ien parcels have C2 zoning; three parcels have a split C2/R2 zoning; and two parcels are zoned R2. Neither the C2 nor the R2 zoning is consistent with the Commercial Center General Plan designation. Von's Shopping Center, at the southwest corner of 17th Street and Orange Avenue, is not included in the Specific Plan study area. The shop- ping center is zoned Cl which is consistent with the General Plan. The Senior Planner reviewed major issues and concerns detailed in the Specific Plan document. Although the study area is in proximity to Newport Boulevard and the future 55 Freeway and appears to be in a suitable loca- tion for commercial development, a number of problems create constraints on new development: access, traffic circulation, and lot size. Additionally, two trailer parks are located within the study area and extend from Newport Boulevard to Orange Avenue. The trailer park site has a Commercial Center General Plan designation and split zoning, R2 and C2. Neither of these zones is consistent with the land use designation. Conversion of the trailer parks to a cammercial use would require rezoning the R2 portion to a commercial zone; however, when there is a proposal for conversion, State legislation requires notification of the park tenants and also requires a report on the impacts of conversion to be completed by the property owner or developer. If additional protection for the trailer park use is desired, criteria for conversion could be included in the Specific Plan. Based upon the information contained in the Specific Plan report; the Planning staff recommended that the most effective solution would be to place the study area in a Redevelopment Project Area. This would provide a far better guarantee that the area will be developed in a unified manner and function as an attractive gateway to the City than simply adopting the proposed Specific Plan. However, the Specific Plan should be adopted whether or not the study area becanes a Redevelopment Area.. In either case, the Specific Plan provides much needed development guidelines. Even with redevelopment, it may be several years before the Redevelopment Agency could acquire the sites and the Specific Plan would provide interim development guidelines. Approval of the Specific Plan, as recommended by staff, requires the following City Council actions: (1) Adopt Nagative Declaration. (2) :Rezone all existing C2 (General Commercial) properties within the study area to CL (Limited - Camuercial) . (3) Approve criteria for Cl, AP, and PDC zoning as identified in the Specific Plan. (4) Approve criteria for trailer park conversion and rezoning as identified in the Specific Plan. (5) Approve development standards for PDC zoning, and development standards for all commercial zones as identified in Sections IV.B and IV.0 of the Specific Plan. Council Member Hall asked if, in fact, the freeway is built and access is denied to property owners in the study area, must the Stag compensate the owners. The City Attorney responded that the State may be required to buy all properties if no access exists. Council Member Hall then asked if the City could be liable because of the adoption of the Specific Plan. The City Attorney answered that it was his opinion that the City would not be liable for loss of access. During further discussion, the Senior Planner and Development Services Director canmented on the access problem and answered questions concerning the C2 zon- ing for the trailer parks. There beim no speakers, the Mayor closed the public hearing. Lengthy discussion ensued concerning building height allowed in the PDC zone, and criteria for trailer park conversion and rezoning. The Development Services Director reported that the property owners within the study area have requested direction from the City. MOTION Council Member Hall made a motion, seconded by Council SP -85-01 Member Wheeler, to continue this item for, one year. Held Over After discussion, Council Member Hall amended his motion to continue the public hearing for six months. The amended motion was seconded by Council Member Wheeler. Vice Mayor Hornbuckle disagreed with delay- ing a decision for this length of time and requested that the item be. referred to the July Study Session. Council Member Hall again amended his motion by referring this item to the July 8 Study Session, and continuing the public hearing to August 5, 1985. The last amended motion was seconded by Council Member Wheeler, and carried 5-0. PUBLIC HEARING The. Clerk announced that this was the time and place Underground set for the public hearing to consider formation of Utility.District Underground Utility District No. 17, Fair Drive frau No. 17 - Fair Fairview lmad to Newport Boulevard and Del Mar Avenue, Drive and from Newport Boulevard to 350 feet east of Elden Avenue. The Affidavit of Publication is on file in, the Clerk' s office . ' The utility companies and affected property owners were notified of the public hearing as required by law. No communications have been received. The Director of Public Services reported that the esti- mated cost to Southern California Edison Company to underground the utilities is $1,000,000.00. It is the telephone company's policy to match the Edison Conpany funds on a foot by -foot basis. Cost to the City will be staff time necessary to form the district, as well as costs associated with undergrounding the traffic signals and the five of eight parcels the City owns within the district. Approximate cost for signal work is $2,000.00 and cost for the five parcels is $9,500.00. Jim Kennedy, Southern California Edison Company, 390 East 17th Street, Costa Mesa, stated that Edison agrees with forming the district and estimated that the under - grounding will be completed in 1987. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Wheeler, seconded by Council Resolution 85-51 Member Schafer, Resolution 85-51, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER 17 ON FAIR DRIVE FROM FAIRVIEW ROAD TO NEWPORT BOULEVARD AND DEL MAR AVENUE, AND FROM NEWPORT BOULEVARD TO 350 FEET EAST OF ELDEN AVENUE, was adopted by the following roll call, vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing regarding levying Landscaping an assessment for parcels within Tracts 9901 and 12011, Assessment located south of Sunflower Avenue and east of Smalley District No. 1 Iniad. The Affidavit of Publication is on file in the Tracts 9901 and Clerk's office. No communications have been received. 12011 There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council Resolution 85-52 Member Schafer, Resolution 85-52, being A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1985-1986 WITHIN THE CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER ONE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing regarding levying Landscaping an assessment.for parcels within Tract 10513, located Assessment west of Bear Street and north of Route 73. The Affi- District No. 2 davit of Publication is on file in the Clerk's office. Tract 10513 No communications have been received. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council resolution 85-53 Member Schafer, Resolution 85-53, being A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1985-1986 WITHIN THE CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER TWO, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented a proposed ordinance revising the Terns of office qualifications for membership and terns of office for and Qualifications the Costa Mesa Traffic Commissioners. for Traffic Commissioners The ordinance will provide for selection of five Traffic Commissioners at large and establishes a maximum four- year tern for all commissioners. MOTION On motion by Council Member Hall, seconded by Council Ordinance 85-18 Member Wheeler, Ordinance 85-18, being AN ORDINANCE OF Given First'Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE QUALIFICATIONS FOR MEMBERSHIP AND TERM OF OFFICE OF THE TRAFFIC COMMISSION, was given first read- ing and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None .r•y, COUNCILMANIC Council Member Wheeler thanked the Fair Board for its COMMENTS support of Senate Bill 1257. He also thanked Senator John Seymour for sponsoring the bill and his responsive - SB 1257 ness to the desires of the City Council and the citizens of Costa Mesa. Council Member Hall requested that the Mayor send a letter to the Fair Board and Senator Seymour reiterating Council Member Wheeler's canments. Fish Fry Council Member Wheeler also congratulated the Lions Club for another fantastic fish fry and parade. Traffic Catmission Vice Mayor Hornbuckle.suggested that the Traffic Camnis- Authority sioners be given final authority on more items caning before them, such as parking prohibition for street sweeping. Council Member Wheeler asked that this item be scheduled for the July 8 Study Session. Senior Citizens Vice Mayor Hornbuckle announced that Kay Sesma has Committee resigned frau the Senior Citizens Ccnnittee and reccan- mended that Melva N --ft be appointed to fill Mrs. Sesma's unexpired term. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Melva Neft Member Wheeler, and carried 5-0, Melva Neft was selected Appointed to fill the unexpired term of Kay Sesma on the Senior Citizens Ccmittee. Amphitheatre Vice Mayor Hornbuckle expressed her desire to have the Survey City do a survey of,residents who are impacted by the Pacific Amphitheatre noise, predaninantly Mesa del Mar and College Park residents, in order to determine how agreeable they are with the various proposals that have been set forth. MOTION Vice Mayor Hornbuckle made a motion requesting a staff Survey Report report within 30 days containing possible questions to Authorized be included in a survey which may be sent to those residents near the Amphitheatre. The motion was seconded by Council Member Hall. Council Member Schafer stated that the noise impact depends on weather conditions. Vice Mayor Hornbuckle reported that sane residents in the area feel their points of view are not being represented. Council Member Wheeler expressed his opposition to the survey for the following reasons: (1) The survey is premature in that Senate Bill 1257 is pending. He suggested that such a survey be delayed until resolution of that bill which should be within 60 days, and for that reason, it would be a waste of staff time. (2) No matter what the results are of the survey, it would undercut the Concerned Citizens of Costa Mesa (CCCM) and make their position more difficult if it is not congruent, and since they are the bargaining agent involved at this time, this maneuver ( the survey) will make their posi- tion weaker. Vice Mayor Hornbuckle responded that the survey would supplement the actions of CCCM. 1 Council Member Hall carnnented that the motion was only to have staff submit questions for the survey. The motion to have staff prepare questions for a survey regarding the Pacific Amphitheatre noise carried 4-1, Council Member Vheeler voting no. AATOURNMENr The Mayor declared the meeting adjourned at 10:20 p.m. ` - May �tbey of CF5ACOFsa City Clerk --of the City of Cos sa 1 9,9