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HomeMy WebLinkAbout06/17/1985 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 17, 1985 The City Council of the City of Costa Mesa, California, met in regular session June 17, 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 Chaplain.Lloyd Sellers, Hoag Memorial Hospital -Presbyterian. 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 Schafer, seconded by Council June 3, 1985 Member Wheeler, and carried 5-0, the minutes of the regular meeting of June 3, 1985, %ere approved as dis- tributed and posted. ORDINANCES A motion was made by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. ORAL COMMUNICATIONS Jay Fredrick, 2775 Mesa Verde Drive East, Costa Mesa, urged the Council to reconsider their decision to install the median on Golf Course Drive. Golf Course Council Member Hall commented that he preferred the Drive street without the median, but residents who spoke regarding this issue were in favor of the median. He urged Mr. Fredrick to talk with other residents who are in opposition to installation of the median and let their views be known. Closure of Robert Graham, 2084 Goldeneye Place, Costa Mesa, Swan Drive expressed his disappointment that the Council did not first try alternatives recommended by the Traffic Can - mission concerning the closure of Albatross Drive ( Council opted to close Swan Drive instead) . Mr. Graham suggested that temporary measures be taken regarding the closure of Swan Drive until it is proven that this solu- tion is effective. Mayor Hertzog stated that every resident in the area received a survey and that the residents who appeared were in favor of the closure of Swan Drive. CONSENT CALENDAR On motion by Council Member Schafer, seconded by Council Member Wheeler, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the following fading Folder items were received and processed: Claims Claims received by the City Clerk: Harvey Brody on behalf of Lillian Brody; Suzanne M. Hart; Carol Ann Mitroff; Ivyrose Radisay; Attorney Dale Elsberry on behalf of John Savage, Maureen Savage, and Nathan Savage, a minor; and Rosalie Tipton. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Michael J. Luzzi, doing business at 1880 Monrovia Avenue; and Moon Kui Ko and Yun Sook Ko, doing busi- ness as A Superior Sandwich, 1599 Superior Avenue, Suite A-5. SET FOR PUBLIC HEARING On motion by Council,Member Schafer, seconded by Council Member Wheeler,'and carried 5-0, the following items were set for public hearing on July 1, 1985, at 6:30 p.m., in the Council Chambers of City Hall: Zoning Ordinance deleting references to zones which no longer Modifications exist within the City; deleting redundant residential development standards; modifying procedures pertaining to ramp slopes; clarifying wording in sections pertain- ing to industrial setbacks and residential uses; revising the definition of family; and permitting board- ing houses as a conditional use in multiple -family residential zones. Environmental Determination: Exempt. Outdoor Storage Ordinance regulating outdoor storage. Environmental Determination: Exempt. GP -85-2A General Plan Amendment GP -85-2A, Costa Mesa City Council, for an amendment to the Master Plan of Bikeways. Environmental Determination: Negative Declaration. EIR/GP-85-2B Environmental Impact Report and General Plan Amend- ment GP -85-2B, Ocean Development Company, authorized agent for Barto/Tarnutzer-Venture I, 2915 Red Hill Avenue, Suite F-200, Costa Mesa, for an amendment to the Master Plan of Highways by deleting the future extension of West 18th Street. GP -85-2C General Plan Amendment GP -85-2C, Ed John, 2239 Pacific Avenue, Suite C, Costa Mesa, for an amendment to and/ or interpretation of General Plan Policy No. 61 regarding building setbacks frau bluff crests. Environ- mental Impact Report accepted by Resolution No. 81-67 adopted July 20, 1981. REJECTED CLAIMS On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Timothy Kuck B. Kuck, a minor, by and through his Guardian ad Litem, Robert Kuck, was rejected. Viesturs/ On motion by Council Member Schafer, seconded by Council Englund/Wallis Member Wheeler, and carried 5-0, the claim from Gundar E. Viesturs, Lori Englund, and Bradford Wallis was rejected. ADMINISTRATIVE Bids received for Bid Item 667, Revision "A", Re -roof ACTIONS Downtown Community Center, are on file in the Clerk's office. On motion by Council Member Schafer, seconded Bid Item 667 by Council Member Wheeler, the contract was awarded Revision "A" to Crank Brothers Roofing Company, 126 Commercial Way, Costa Mesa, in the amount of $24,350.04. The motion carried by the following roll call vote: MOTION Awarded to Crank Brothers Upper F03 Storm Drain Reach 1, 2, and 3 MOTION Awarded to Kip, Incorporated Community Development Block Grant (CDBG) 1985-86 MOTION Request and Reallocation Approved Bid Item 635 Refund of Cash Performance Bond/ Western Counties Maintenance MOTION Refund Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bids received for Upper F03 Storm Drain Reach 1, 2, and 3, Paularino Channel to Merrimac Way, are on file in the Clerk's office. On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the Negative Declara- tion of Environmental Impact was adopted; and the contract was awarded to Kip, Incorporated, in the amount of $1,227,088.75. 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 A motion was made by Council Member Schafer, seconded by Council Member Wheeler, authorizing the City Manager to forward the approved 1985-86 Community Development Block Grant application, in the amount of $963,000.00, to the United States Department of Housing and Urban Development as follows: Administration, $168,000.00; Fair Housing Council Services, $24,000.00; Public Services, $94,200.00; Housing Rehabilitation, $150,000.00; Commercial Rehabilitation, $250,000.00; Housing/Cm munity Development, $169,200.00; Fire Safety - Bethel Towers, $50,000.00; Handicap Barriers - Curb Cuts, $30,000.00; and Senior Services, $27,000.00; and to reallocate unexpended funds, in the amount of $157,870.00, from past projects and administration to the Housing and Community Development category as follows: Adminis- tration, $128,000.00; Removal of Architectural Barriers, $8,500.00; Assessment District, $21,370.00. 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 The Director of Finance has requested permission to refund the Cash Performance Bond, in the amount of $5,500.00, to Western Counties Maintenance Company, 817 Dust 17th Street, Costa Mesa, for cleaning of window mullions at City Hall and Police Department in connec- tion with Bid Item 635. On motion by Council Member Schafer, seconded by Council Member Wheeler, the request was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Release of The Director of Public Services has requested authori- Guaranty Bond/ zation to release the 10 percent Guaranty Bond from E. C. E. C. Construc- Construction Company, 2213 North Chico Avenue, South tion E1 Monte, in connection with Alley Improvements between Caraway.Drive and Coriander Drive. On motion by Council MOTION Member Schafer, seconded by Council Member Wheeler, the Bond 10 percent Guaranty Bond was ordered exonerated immedi- Exonerated ately. 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 I" I -1 Appropriations On motion by Council Member Schafer, seconded by Council Limit for Member Wheeler, Resolution 85-54, being A RESOLUTION OF Fiscal Year THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 1985-86 DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR OF 1985-86, IN ACCORDANCE WITH ARTICLE MOTION XIII -B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, Rasolution 85-54 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 On motion by Council Member Hall, seconded by Vice Mayor Hornbuckle, Ordinance 85-17, being AN ORDINANCE OF THE Outdoor Seating CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, for Restaurants CONCERNING OUTDOOR SEATING AREAS FOR RESTAURANTS, was given second reading and adopted by the following roll MOTION call vote: Ordinance 85-17 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Adopted Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Temns of Office On motion by Vice Mayor Hornbuckle, seconded by Council and Qualifications Member Wheeler, Ordinance 85-18, being AN ORDINANCE OF for Traffic THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ccmissioners REVISING THE QUALIFICATIONS FOR MEMBERSHIP AND TERM OF OFFICE OF THE TRAFFIC COMMISSION, was given second MOTION reading and adopted by the following roll call vote: Ordinance 85-18 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Adopted Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WARRANTS On motion by Council Member Hall, seconded by Council Member Schafer, Warrant Resolution 1289, including MOTION Payroll 8511, was approved by the following roll call Warrant 1289 vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None I'W4 _ . CITY ATTORNEY The City Attorney has requested authorization to settle the Laurie Turner lawsuit which arose from a traffic Laurie Turner accident at Fair Drive and Newport Boulevard. On motion Lawsuit by Council Member Wheeler, seconded by Council Member Hall, authorization was given to settle the above MOTION mentioned lawsuit as outlined in the confidential memo - Settlement randum dated June 12, 1985, by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented the City's Budget for fiscal year 1985-86 for public discussion. He reviewed his 1985-86 Budget City Manager's Budget Message contained in the document. Total recommended appropriation for operations and capital improvements i $.47,_008,595.00. Same of the major items contained in the budget include a Wastside Satellite Police Facility; replacement of one helicopter with the lease/purchase of a "low noise" helicopter; construction of the Civic Center Fire Station; stone drain construction; and an appropriation for the initial payment to acquire the Fairview Regional park site frau the County of Orange. 63 The City Manager stated that total revenues are estimated at $46,505,240.00, with cash resources of $503,355.00, for Notal resources of $47,008,595.00. Mail Sales Tax continues to comprise the largest category at 38.5 percent. The Property Tax estimate is $6,350,000.00, which comprises 13.5 percent of total resources. He also recommended that the Council's current policy of maintaining a cash reserve of 25 percent of the operating budget be continued. The City Manager concluded by commending the Finance Director and the staff for their help in making the budget workable and balanced. Donald Smallwood, No. 6 Soto Grande Drive, Laguna Niguel, current chairman of the Costa Mesa Arts Com- mittee, urged the Council to consider allocating a substantial amount in the 1985-86 budget to the Arts Committee for grant funds for viable art institutions. He stated that this year the committee received 14 requests for grant funds compared to the 5 requests received last year. Mayor Hertzog thanked Mr. Smallwood for serving as chainnan of the Costa Mesa Arts Committee. Ann Mound, 3128 Country Club Drive, Costa Mesa, stated that she is pleased that the Council has done so much to encourage art in the City of Costa Mesa, and asked that they consider a large allocation towards the art pro- grams. Council Member Hall commented that a larger allocation for the arts should be considered at some time, but suggested the Budget remain as presented because it is possible to transfer funds later in the year. MOTION A motion was made by Council Member Hall, seconded by Budget Council Member Schafer, to accept and approve the 1985 - Accepted 1986 Budget as presented by the City Manager. and Approved Council Member 6ieeler commented that severe and drastic cuts have been made in social programs, and he feels that when the Council considers increasing the amount that has been allocated to the Arts Committee, they should, at the same time, consider allocating more funds to social programs. He also stated that Council should review the current policy of maintaining the 25 per- cent reserve of the cash operating budget. He did an infonnal survey of other Orange County cities which showed that 5-10 percent is more appropriate. Vice Mayor Hornbuckle agreed with Council Member Meeler's concerns regarding the social programs. The motion to approve the budget carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, %feeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Request by The City Manager summarized his memorandum dated June 11, Tenants of 1985. At the Council meeting of June 3, 1985, tenants Trailertown from Trailertown Mobilehome Park submitted a letter Mobilehome Park requesting some type of rent stabilization for their park. The City Manager requested authority to: 265 1. Direct the Development Services Department to conduct a Citywide rent survey of all mobile home and trailer parks. 2. Request an opinion of the City Attorney's office as to the legality and procedural requirements for a City -imposed rent moratorium on all mobile home and trailer parks. 3. Authorize follow-up contacts with the tenants and owner of the Trailertown Mobilehome Park to verify the current condition of the park and the prior record as it relates to rent increases. The City Manager stated that it is important to conduct a survey of mobile home and trailer parks in Costa Mesa to establish market comparisons before the City Council can take a position on a matter of such widespread importance as rent stabilization control. If undertaken, it should be with the understanding of the park owners that this is an in gathering effort only and not an effort to fix rental rates. The data to be collected would include the necessary infornnation about the parks, such as, the size of the park, rental rates, whether or not utilities are included in the rent, con- venience facilities, and if there are any pending rate increases. Gerry Dougher, new owner of the Trailertown Mobilehome Park, submitted a letter in response to the letter presented by the tenants of Trailertown at the Council meeting of June 3, 1985. He summarized his letter to the Council stating that more than 90 percent of those residing in Trailertown have been offered a long -terns lease and all of them have signed or indicated they will sign the lease. The long-term leases will provide for rent of $170.00 per month for a regular 30 -foot by 36 -foot lot with no possibility of increases until August 1, 1986. 'Ilenants residing on more than one lot will pay rent'of $180.00 per month until January 1, 1986, at which time the rent -will be increased to $215.00 per month. He commented that the cost of renovating the 30 -year old park will be considerable, and feels that the new rent structure is moderate. Mr. Dougher responded to many questions asked by the Council clarifying their concerns. Earl Lane., 760 West Lomita Boulevard, Harbor City, Golden State Mobilehome Owners League, stated that Mr. Dougher did not allow tenants of Trailertown to put skirting on their coaches. He also commented that Mr. Dougher would not leave the lease with the tenants for more than a half an hour, and that he has received numerous calls from Trailertown residents. He suggested that the Council form an overall task force to study rent increases in mobile home parks. Don Hunter, 39 Channel load, Newport Beach, Golden State Mobilehome Owners League, although he was not in favor of rent control, he commented that mobile hone parks were once an economical way of living. He stated that he understood Mr. Eougher had closed the restroems at Trailertown and did not allow tenants to use the recre- ation roan for meetings. He urged_ the Council to investigate this situation. Fred Bice, Corona del Mar, stated that he owns and operates two mobile hone parks in Costa Mesa and his residents seem reasonably happy. He believes that the situation at Trailertown is an isolated case and should have no bearing on other parks. 296 Sid Soffer, 900 Arbor Street, Costa Mesa, voiced his opinion that property owners should have the right to do what they want with their property. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, stated that he has no respect for rent control. Gloria Oliver, 33371 Marina Vista, Dana Point, owner of a coach in Trailertown, commented that although her lot is large, it was designated as one space only, and now the owner is dividing the larger lots into two spaces. She also urged the Council to conduct a study of this situation. Mayor Hertzog asked if there was a provision regarding number of square feet required per lot. The Director of Development Services responded that there are no provisions in our codes regarding mobile hones. ,He stated that the number of square feet per lot would be available in the original Conditional Use Permit. Stephanie Lund, resident of Trailertown, asked if there is difference between mobile hone parks and travel trailer parks. The Director of Development Services responded that there is a difference. A travel trailer park would be considered a campground type park and would change the use. Council would have to take action on this type of conversion. Anne Shereshevsky, 2152 Elden Avenue, Apt. No. 1, Costa Mesa, commented that this morning the radio station KFWB announced that the Costa Mesa City Council would be discussing the rent control issue of mobile homes. She stated that she felt quite neutral regarding this situa- tion after hearing both sides. Vickie Talley, 17845 Skypark Circle, Suite J, Irvine, Executive Director of the Orange County Mobilehone Park owners Association, stated that this seems to be an isolated case and that the owner and residents should continue communicating to clear up any misunderstandings. Council Member Wheeler asked Mr. Dougher if he offered the lease to the committee members (Golden State Mobile - hoe Owners Ee ague) residing in his park. Mr. Dougher responded that 100 percent of the residents in Trailer - town have been offered the lease and he will meet with anyone to discuss their concerns. Council Member Wheeler asked Mr. Rougher about the comment made earlier regarding the closure of the rest- rooms. estroams. Mr. Dougher responded that when the park was built 30 years ago, trailers were not self-contained so restroans containing showers were provided. Now there is not a need since the trailers are self-contained. Council Member Wheeler also asked Mr. Dougher about the comment that the recreation facilities are not available for meetings. Mr. Dougher responded that this is not true. ' Judy Upton, 23441 South Pointe Drive, Suite 100, Laguna Hills, TAbstern Mobilehone Association, stated that before the Council undertakes any type of study, the park owners should provide them with answers to questions they might have. I- I-, . ® Stephanie Lund, resident of Trailertown, stated that Section -3.5 of the lease reads as follows: "Owner t may raise rate of rent beyond the present amount at anytime upon 30 -days .written notice." According to the Civil Code, the rent cannot be increased without a 60 -day written notice. Section 4.1 reads: "Water, sewer, street sweeping and trash collection may at anytime, upon 30 -days written notice, be added to the tenants costs." She also stated that it would cost an additional $35.00 -for a place to park. Ms. Lund commented that a lease should guarantee the rent for that period of time as previously stated. John Campbell, 326 Lindo Avenue, Balboa, commented that he recently purchased a mobile home park in Costa Mesa and that the Trailertown issue is a unique and isolated case. He feels that a study would be a waste of money. Vice Mayor Hornbuckle encouraged Mr. Dougher to meet with the residents. She felt that the City should not get involved at this point. Council Member Wheeler stated that rent control does not work. He stated that he has received communications from residents of other mobile hone parks and was in favor of conducting a Citywide survey to see exactly what the problems are. MOTION Council Member Wheeler made a motion directing the Development Services Director to conduct a Citywide survey of all mobile home and trailer parks as outlined and reccmanended , by the City Manager in his memorandum of June 11, 1985. He commented that this is merely to survey and determine if there are problems and is not subterfuge for the introduction of rent control or stabi- lization. Vice Mayor Hornbuckle seconded the motion and commented that she would prefer to see Mr. Dougher meet with the residents to work out any problems. She was not in favor of conducting a study without trying other alternatives. Council Member -Schafer commented that the City should not become a mediator and that the owner should be given a chance to work out any problems. She also stated that she is against rent control. SUBSTITUTE Council Member Hall stated that there seems to be a MOTION proliferation of rumors and lack of communication. He No Further stated that it is difficult for him to support any Action to be studies as far as this item is concerned; and therefore, Taken made a substitute motion that no further action be taken by the City. Council Member Wheeler refused the substitute motion. The substitute motion was seconded by Council Member Schafer, and carried 4-1, Council Member Wheeler voting no. RECESS The Mayor declared a recess at 9:00 p.m., and the meet- ing eeting reconvened at 9:10 p.m. PUBLIC HEARING The Clerk announced the public hearing continued from Appeal of PA -85-80 the meeting of June 3, 1985, to consider an appeal of Summers/Evans the Planning Commission'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 from parking requirements, located at 262 Walnut Street in an R1 zone. Environmental Determina- tion: Exempt. The Development Services Director referred to staff's memorandum of June 17, 1985. The property owner has given notice to tenants of both the units to vacate the premises by July 6. He intends to do all of the necessary work to resolve the current building Code violations during the time that the units are vacant. Once the work has been canpleted and finalized, the property owner will move into the front unit. He has also cleared the carport in the front portion of the property of all storage as recammended by the Planning Staff and Commission. The Planning Staff recommended approval, subject to conditions. The Planning Commission recommended denial of the request with additional direction to the property owner to convert the existing storage/shop building to a garage, to either demolish or convert the existing accessory unit to storage or shop use, and to legalize and to clear the existing carport of all storage within 120 days of final action. The illegal unit was discovered by the Building Safety Staff during an inspection request for separate elec- trical meters for the property. This inspection also revealed a number of Building Code violations in the other structures on,the site. A follow-up investigation of County Assessor's records indicates that the primary residence containing 688 square feet and the detached garage containing 284 square feet were constructed in 1946. A second garage containing 400 square feet was constructed in 1953. Since their construction, both garages have been converted to other uses without benefit of building permits. The 1946 garage was converted to the accessory unit while the 1953 garage was converted to a storage/shop building. The Development Services Director referred to a letter dated January 14, 1985, from the Building Safety Direc- tor to Mr. Evans outlining seven violations on the property which are considered to be serious. Staff agreed with the applicant that it was not logical to make the improvements until Council decided on a long- term use of the accessory unit. He commented that he was confident that a workable schedule and agreement to make these corrections could be worked out. The Planning Commission received a ccimunication fran the property owner at .280 Walnut Street prior to their meeting. The resident was opposed to any kind of park- ing variance because of parking problems in the area. The Development Services Director stated that there is one carport on the site which has been cleared of stor- age and a second garage which has been converted to a shop. If the shop is reverted to a garage, there will be three covered parking spaces on site. He referred to Parking requirement Conditions No. 2 and No. 3 of the Planning Staff report. The intent of the "granny flat" law is that the accessory structure be for an individual over 60 years of age. The condition would require a Land Use restriction that would limit the occupancy of the accessory unit to an adult'or two adults who are 60 years of age or older. Monitoring of this condition is difficult. The Development Services Director stated that the solu- tion which has been discussed with the applicant would allow the accessory unit to remain. The applicant has been cooperative in trying -find a solution and assured staff that the code problems will be corrected. Council Member Hall asked if the applicant was agreeable to all conditions imposed at the Planning Cc mission meting of May 13, 1985. The Development Services Director responded that the applicant was in agreement. Roger Summers, 1663 Aliso Avenue, Costa Mesa, stated that the property has existed the way it is today for over 30 years. The applicant has obtained proper permits per Building Safety Director's letter of January 14, 1985, and corrections have been made. The applicant is willing to meet all conditions if approved tonight. Council Member Wheeler asked if a condition, added to the deed restriction would be acceptable, limiting the occupancy to the owner of the property and an additional deed restriction that would -require that the accessory unit be occupied by a person over 60 years of age. Discussion ensued regarding the accessory unit. Vice Mayor Hornbuckle asked if it would be acceptable to add to`Condition of Approval No. 1: "... and require the owner to live on the property, prior to the issuance of building permits, prior�to final inspection and release of the accessory unit. Vice Mayor Hornbuckle clarified the addition to Condi- tion of Approval No. 1 for Mr. Sumiers. Charles Evans, the applicant, was in agreement with this additional wording. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that the applicant should have the opportunity to seek legal advice regarding the conditions required. There being no other speakers, the Mayor closed the public hearing. MCIrION Council Member Hall made a motion to approve Planning PA -85-80 Action PA -85-80, based on analysis and findings of Approved staff,'subject to all conditions as stated in the Staff Report and additional Building Code requirements as stated in the letter dated January 14, 1985, frau the Building Safety Director to Charles Evans. The motion was seconded by Council Member Schafer. Vice Mayor Hornbuckle asked if Council Member Hall intended to add the requirement that the owner live on the property. Council Member Hall responded no. Vice Mayor Hornbuckle asked if Council had added a condi- tion -for the property on E1 Camino that it was to be owner occupied. Council Member Wheeler made a substitute motion to approve Planning Action PA -85-80, subject to the Condi- tions of Approval, based on analysis and findings of staff, with Condition of Approval No. 1 amended to read: "Applicant shall sign and record a Land Use Restriction acceptable to the City limiting the occupancy of the accessory unit to an adult or two adults over 60 years of age or older and limiting occupancy of the other unit to a person who is an owner of -the property and a resi- dent thereon, prior to the issuance of building permits, prior to final inspection and release of the accessory unit. 270 Vice Mayor Hornbuckle commented that, two weeks ago, Council did add a condition to the property located on E1 Camino that an owner shall live on the property at all times. Vice Mayor Hornbuckle seconded Council Member Meeler's substitute motion. After brief discussion, Council Member feeler amended the wording of Condition of Approval No. 1 to read: "Applicant shall sign and record a Land Use Restriction acceptable to the City stipulating that either the party over 60 years of age or the owner can live in either unit, prior to the issuance of building permits, prior to final inspection and release of the accessory unit." Vice Mayor Hornbuckle agreed to the amended motion, and the motion carried 4-1, Council Member Hall voting no. PUBLIC HEARING The Clerk announced that this was the time and place Council Review set for the public hearing for Council review of of PA -85-99 Planning Action PA -85-99, G. Wayne Miller, G and W Miller/Dunn Towing, Incorporated, 132 Industrial Way, Costa Mesa, authorized agent for Elizabeth Jane Dunn, 23 Greenoaks Drive, Atherton, California, for a Conditional Use Permit for outdoor storage of vehicles in conjunction with construction of a building containing 1,536 square feet, located at 955 host 18th Street in an MG zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director reviewed staff's memorandum dated June 13, 1985. On May 28, 1985, the Planning Commission approved PA -85-99, based on the findings that the maximum amount of protection can be provided to the residents at the mobile home park and at the condominiums across the street, and that the improve- ments to the property will control the existing flood problem. Staff recanmended denial of the request due to the site's proximity to residences and a school. Section A.6.1. of the Negative Declaration was corrected to indicate that the wall on the rear property line is 6 feet high not 8 feet high and to add Condition No. 43 requiring that the drainage be worked out in conjunction with the City's Engineering Division. The Planning Commission received a series of cci muni - cations prior to their meeting on May 28. One le tte r and one telephone call in opposition, two letters in favor, and a letter from a current neighbor of G & W Towing expressing sadness in seeing the business leave the area. A petition was also submitted which was signed by 142 residents in the area in opposition to the application. Wayne Miller, 132 Industrial Way, Costa Mesa, stated that they originally attempted to find for a new location because of the large number of cars stored by the City. The present location is overloaded and the current office, a converted two -car garage, is no longer adequate. Mr. Miller agreed to all conditions. He asked that a requirement be added to plant trees at the rear of the property to shelter three existing mobile homes and that an eight foot,redwood fence be installed in the interim. Mr. Miller stated that they would allot a certain number of spaces in the front of the storage area for night time storage. During the daytime, those cars would be moved towards the back of the yard in prepara- tion for the following evening. Mr. Miller responded to questions from the Council regarding the number of cars brought into and removed from the yard on an average day, and the normal daily activities of the tow trucks. Seymour Litt, 3703 Beverly Ridge, Sherman Oaks, owner of an industrial lot occupied.by Brown and Caldwell, stated that the City should consider something more appropriate for this site. He cammented that the pro- posed use for the site would lower the value of his property. Mayor Hertzog commented that Council received a letter from Brown and Caldwell stating that they are not in opposition to the proposed use. Mr. Litt responded that their lease is up and they are leaving the area. Vicky Patterson, representing Genoa Cove Homeowners Association, -stated that residents of the condominiums were concerned about noise, traffic, and the safety of school children. She discussed street sweeping and also mentioned that flooding is a problem. Jean Carson, owner of the Greenleaf Mobilehome Park, submitted a petition containing 145 signatures in opposition to Planning Action PA -85-99. She stated that the residents are opposed to living between two towing sery ices . Ms. Carson responded to questions from the Council regarding any previous problems with Harbor Towing, and drainage problems. Seymour Litt, 3703 Beverly Ridge, Sherman Oaks, stated that he would be willing to attempt to purchase the subject property. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that the property could be used for a much more intense use, and that.the residents should be content that it is not larger than a one-story building. There beim no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hall, seconded by PA -85-99 Council Member Schafer, to adopt the Negative Declara- Approved tion of Environmental Impact and to approve PA -85-99, based on recommendations of the Planning Commission, subject to all conditions, with modifications of condi- tions as stated by the Planning Commission, with an additional condition: "There shall be an eight -foot high redwood fence built on the rear of the property line for the benefit of the mobile home park until trees are mature." Council Member Hall, with the concurrence of Council Member Schafer, amended thea -additional condition to read: Condition No. 44 - "Additional fence height shall be planned under the direction of the Development Services Department." Wayne Miller indicated that the Planning Commission required an eight -foot high fence on the Monrovia Street °172 lot. He stated that he preferred the eight -foot fence because the trailerpark residents would have visual screening. After discussion with the City Attorney, Council Member Hall, with agreement of Council Member Schafer, again amended the wording:of the additional condition to read: "Details of an eight -foot fence shall be worked out under the direction of the Director of Development Services." Council Member Wheeler cam -tented on why he felt the Conditional Use Permit should be denied. Vice Mayor Hornbuckle stated that the proposed use has the potential to improve the condition of the site and improve the serious drainage problems. Council Member Wheeler asked that each Council Member examine the evidence before them. He ccnrented that this project could have adverse impacts to existing surrounding residents. Mayor Hertzog stated that this is a difficult decision to make and commented on why she thought the application should be approved. The motion to approve the application carried 4-1, Council Member Wheeler voting no. PUBLIC HEARING The Clerk announced that this was the time and place Small Car set for the public hearing to consider an ordinance Parking Spaces to increase the number of small car parking spaces allowed, and clarifying wording in the Municipal Code dealing with parking. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. A member of the Planning Staff reviewed her memorandum dated June 10, 1985. She indicated that Council directed staff to prepare a revised Small Car Parking Ordinance. The existing ordinance allows for approval of more than 25 percent small car parking in commercial zones by Conditional Use Permit. Under the proposed ordinance, small car parking in excess of that allowed by right (or by the,Zoning Administrator) would require approval of a Variance. The Planning C=nission indicated that the increase provided in the proposed ordinance eliminates the need for allowing additional small car parking by Conditional Use permit. The Staff and Planning Gcmnission recommended adoption of the reso- lution, changing the stall and drive aisle dimensions, and adoption of the draft ordinance. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council Ordinance 85-19 Member Schafer, Ordinance 85-19, being AN ORDINANCE Given First OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- lL-ading FORNIA, INCREASING THE AMOUNT OF SMALL CAR PARKING ALLOWED FOR NON -RETAIL DEVELOPMENTS, RENUMBERING SECTIONS DEALING WITH COMMERCIAL PARKING REQUIREMENTS AND CLARIFYING WORDING OF SECTIONS DEALING WITH APPLICA- BILITY OF PARKING REQUIREMENTS, was given first reading and passed 'to second reading by the following roll call vote: 1� 12del0 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 Council Resolution 85-55 Member Wheeler, Resolution 85-55, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING PARKING DESIGN STANDNRDS FOR THE CITY OF COSTA MESA, was adopted by the following roll cQll 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 set Shared Parking for public hearing to consider an ordinance establishing Study parking standards for commercial projects over 100,000 square feet, and allowing reduced parking for mixed-use projects. Envirormental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No cccmmunications have been received. A member of the Planning Staff reviewed the Shared Parking Study. The first provision would reduce the parking requirements for office buildings over 100,000 square feet and over two stories from four spaces per thousand to three spaces per thousand square feet. The difference is caused by factors such as the nature of the tenants and amount of interior corridor space required. She stated that the main portion of the ordinance is devoted to the concept of shared parking. There was a provision in the Costa Mesa Municipal code since 1980 to allow reduced parking for mixed use developments by Conditional Use Permit. The ordinance did not include any objective standards because at that time there were none available; however, in 1983, the Urban Land Institute (ULI) released a study on shared parking requirements and confirmed that a reduction in parking is possible for mixed use projects and derived factors by which the appropriate reduction can be determined. She also reviewed the parking survey which was con- ducted in Costa Mesa the week of March 18 through 24, 1985. Staff is presently conducting a study of hotel parking and it will be presented to Council at a later date. The draft ordinance provides for the adoption of a procedure which would determine shared parking require- ments based on the ULI Study. It would apply to all developments in the City. The reduction would depend on the mixed uses involved. The ordinance would also reduce the number of Conditional Use Permits for reduced parking and it would allow the City to determine what the actual peak demand is on a scientific basis. The Planning Commission and Staff recommended that the Council adopt the resolution adopting the standards which would also include the percentage table, and that the ordinance be given first reading. There being no speakers, the Mayor closed the public hearing. The Planner clarified questions asked by Council Member Wheeler. The Development Services Director indicated that the standard that is being proposed is 100 percent of the reccmmmendation contained in the ULI Study. 7 41 Council Member Wheeler asked that this item be held over and thoroughly examined. Council Member Schafer commented that Council requested the Planning Staff to prepare this report, staff has presented it, and Council still has two weeks to review it before second reading and adoption. The Development Services Director reported that parking in Town Center has been granted variances to reduce the parking because of overlapping uses and that the percentage of reduction is approximately 35 percent. The proposed ordinance provides a number which is very close to a 35 percent reduction. He cc mnented that it is a very conservative ordinance. MOTION On motion by Council Member Hall, seconded by Council Ordinance 85-20 Member Schafer, Ordinance 85-20, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading ESTABLISHING PARKING REQUIREMENTS FOR OFFICE BUILDINGS OVER 100,000 SQUARE FEET IN AREA AND PROVIDING FOR REDUCED PARKING FOR MIXED USE PROJECTS, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Hall, seconded by Vice Resolution 85-56 Mayor Hornbuckle, Resolution 85-56, being A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ADOPTING SHARED PARKING REQUIREMENTS FOR THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The City Manager stated that Federal Regulations require Federal Revenue the Council to hold a public hearing in the three areas Sharing Funds which he has recam-ended for use of Federal Revenue Sharing Funds: 1. Protection of Persons and Property - construction of the second phase of the Civic Center Fire Station. 2. Storm Drains - $750,000.00. 3. Social Programs - $27,500.00. Total appropriation is $1,127,500.00. The City Manager stated that this was the time for citizens' comments regarding the Federal Revenue Sharing Fund allocations. Sid Soffer, 900 Arbor Street, Costa Mesa, asked: If a petition is submitted stating that the allocation of Federal Revenue Sharing Funds is detrimental to the Community, would that petition constitute evidence or facts that could be used in opposition to this sharing of funds? The City Attorney responded that generally, requirements that a public hearing be held on these expenditure decisions are simply to give input to the Council as to what the attitude is of the citizens in the community. Mr. Soffer asked if it would constitute evidence or fact. The City Attorney responded that it would be considered an opinion of the community. There being no other speakers, the Mayor closed the public hearing. COUNCILMANIC COMMENTS Council Member Dbeeler reported that he had spoken with hcmeowners in the Mesa Verde area and they agreed that Jersey approximately $9,000.00 is too costly to install Jersey Barriers barriers on Golf Course Drive. MOTION Council Member Wieeler made a motion deleting the Deleted Require- requirement that Jersey barriers be installed pending ment of Jersey completion of the Golf Course Drive median project. Barriers The motion was seconded by Council Member Hall, and carried 5-0. Publishing Council Member Meeler asked if it would be possible of Agenda to publish the agenda in a newspaper of general circu- lation on Saturday or Sunday prior to the Council meeting. The City Manager responded that the City would probably have to request bids. MOTION Council Member Meeler made a motion directing staff Directing Staff to investigate the cost to publish the entire agenda in to Investigate in a newspaper of general circulation on Saturday or Cost Sunday prior to the Council meeting. The motion was seconded by Vice Mayor Hornbuckle, and carried 5-0. SP -85-01 Council Member Schafer stated that the Development Services Director will be out of town when Specific Plan MOTION SP -85-01 is scheduled to be heard, and made a motion to Referred to refer SP -85-01 to the Study Session of August 12, 1985, Study Session and to continue the public hearing to September 3, 1985. of August and The motion was seconded by Vice Mayor Hornbuckle, and Council Meeting carried 5-0. of September 3 Vice Mayor Hornbuckle stated that for reasons of health Senior Citizens Eleanor Horn must resign frcan the Senior Citizens Com - Committee mittee. A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, MOTION appointing alternate Gordon Dean to fill the unexpired Gordon Dean term of Eleanor Horn. She also suggested that addi- Appointed tional alternates be recruited. General Plan Update MOTION Staff to Report Back ADJOURMENT Vice Mayor Hornbuckle made a motion directing staff to prepare a report concerning an update of the General Plan and that the report be presented at the Council meeting of July 1, 1985. The motion was seconded by Council Member Hall, and carried 5-0. Vice Mayor Hornbuckle thanked staff for the new format of the Planning Camission meeting sumnaries. The Mayor declared the meeting adjourned at 11:40 p.m. ATTEST: 4J-C�'ierk of the City of Costa sa 275