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HomeMy WebLinkAbout07/01/1985 - City Council7G REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 1, 1985 The City Council of the City of Costa Mesa, California, met in regular session July 1, 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 Joseph Robillard, St. Joachim Catholic Church. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Wheeler, Schafer, Hall Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Public Services, City Clerk, and Planner III MINUTES On motion by Council Member Wheeler, seconded by Council June 17, 1985 Member Schafer, and carried 5-0, the minutes of the regular meeting of June 17, 1985, were approved as dis- tributed and posted. ORDINANCES A motion was made by Council Member Wheeler, seconded by Council Member Schafer, and carried 5-0, to read all ordinances by title only. ORAL COMMUNICATIONS Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, suggested that the Randolph Street water line was not Randolph Street properly constructed, and that the line was installed Water Line without permits or inspection. He asked that staff research this matter and respond at once. Sid Soffer, 900 Arbor Street, Costa Mesa, made ccm-rents similar to those made by Mr. Odegaard concerning instal- lation of the water line. After brief discussion with staff, Mayor Hertzog advised Mr. Odegaard that the City Manager's staff will prepare a report, submit it to the City Attorney for approval, and that the report will be available to Mr. Odegaard in approximately one week. Mini -warehouses Sid Soffer, 900 Arbor Street, Costa Mesa, expressed opposition to businesses being displaced in order to convert industrial buildings to mini -warehouses. Used Car Sales Jim Aynes, 2811 Loreto Avenue, Costa Mesa, reported at Bristol/Baker that there are six used cars and one recreational vehicle for sale on a lot at Bristol and Baker Streets. He asked that proper action be taken regarding.this activity in that the Council had denied an application to allow sale of used cars at this location. Public Input Jim Aynes also requested that the Council take every opportunity to obtain more input from the public. :He canmented that density is still a concern to a large nunber of citizens. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 3(d), Claim and Application for Leave to Present a Late Claim from Deborah Stallings; and Item 8, Agreement with the City of Santa Ana permitting a median opening on Sunflower Avenue east of Bristol Street. On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, Resolution 85-57, being A RESOLUTION OF Records Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, for Finance AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPART- MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE MOTION NO. 75-60, was adopted by the following roll call vote:. Resolution 85-57 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Adopted Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER- On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the following fading Folder items were received and processed: Claims Claims received by the City Clerk: Attorney Robert S. Kaplan on behalf of Phillip Reed; Attorney Kirk S. MacDonald on behalf of Clarke Contracting Corporation; Linda Craig; Thanas T. Thanpson; Attorney Paul -Eugene Mann on behalf of David J. Hester; Attorney Frank C. Wright on behalf of Terry E. Hopkins; Steve Elder; and Sidney Jack Angove. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Mildred E. Newland, doing business as The Lotus Roan, 1548 Adams Avenue, Suite F; Arturo Hernandez, doing business as High Tide, 727 West 19th Street; and Edith and Horst Duveneck, doing business as Globe German Delicatessen, 1928 Harbor Boulevard. Public Notices from the Public Utilities Conmission: Utilities Canmission Southern California Edison Company has filed amended Application No. 85-02-042 for authority to change its rates effective June -1, 1985. Southern California Edison Company has filed Applica- tion No. 85-05-144 for a rate increase. Senate Bill Communication frau the City of Palm Desert requesting 75 - City support of Senate Bill 75 which would relieve cities Liabilities across the Stag fran unconscionable liability judg- ments and astronanical legal fees. G and W Ccmunication frau G and W Towing, Incorporated, 132 Towing Industrial Way, Costa Mesa,.thanking the City Council, Planning Commission, and staff in regard to City, approval of Planning Action PA -85-99, for a new office. and storage facility -at 955 Wast 18th Street. Rent Control Letter from Raymond W. Engelhardt, 2060.State Avenue, for Mobile Costa Mesa, expressing opposition to rent control for Home Parks mobile home parks. REJECTED CLAIMS On motion by Vice Mayor Hornbuckle; seconded by Council Member Wheeler, and carried 5-0, the claim from Farmers Farmers/Conley Insurance Exchange/Jackie Conley was rejected. Struthers On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Monica Lynn Struthers was rejected. 278 Mazzone On motion by Vice Mayor Hornbuckle, seconded by Council I;�@habilitation Member Wheeler, and carried 5-0, the claim from Anthony Program M. Mazzone was rejected. ADMINISTRATIVE construction of improvements. In addition, staff has ACTIONS Bids received for Bid Item 669, Installation of a New Pool Filter, are on file in the Clerk's office. On Bid Item 669 motion by Vice Mayor Hornbuckle, seconded by Council Pool Filter Member Wheeler, the contract was awarded to Allred's Contract Awarded Pool Supply Company, 1290 South Lance Lane, Anaheim, MOTION in the amount of $8,500.00. The motion carried by the Awarded to following roll call vote: Allred's Pool AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Supply Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Baker Street Fire One bid received for Remodeling the Baker Street Fire Station Remodeling Station is on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member MOTION Wheeler, the contract was awarded to Mr. Build, Jacobs Awarded to Construction, 5811 Westninster Avenue, 'Kbsttninster, in Mr. Build, Jacobs the amount of $61,013.00. The motion carried by the Construction following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Commercial In a memorandum dated July 1, 1985, staff has requested I;�@habilitation Council approval to amend the Commercial Rehabilitation Program Demonstration Block Program by increasing the funds for construction of improvements. In addition, staff has recommended that a contract be awarded for said improve- ments, and requested that plan check and permit fees be MOTION waived. On motion by Vice Mayor Hornbuckle, seconded Amendment Approved; by Council Member Wheeler, the following action was Contract Awarded taken: (a) Council authorized an amendment to the to Hagopian; Fees Program by increasing the funds for construction of Waived improvements by $175,000.00; (b) the contract for the improvements was awarded to Paul Hagopian Contractors, 407 South Main Street, Unit "C", Orange, in the amount of $766,300.00; and (c) Council authorized waiving the plan check and permit fees. 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 Arterial Highway On motion by Vice Mayor Hornbuckle, seconded by Council Financing Program Member Wheeler, Resolution 85-58, being A RESOLUTION OF for 1985-86 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE QUALIFICATION OF THE CITY OF COSTA MOTION MESA FOR PARTICIPATION IN THE ORANGE COUNTY ARTERIAL Resolution 85-58 HIGHWAY FINANCING PROGRAM, said qualification being for Adopted the 1985-86 fiscal year, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of New Staff has requested authorization to purchase one Hughes Police Helicopter helicopter, Model 500E, in the amount of $458,995.90, from sole source vendor, Hughes Helicopters, Centinela Avenue and Teale Street, Culver City. On motion by Vice MOTION Mayor Hornbuckle, seconded by Council Member Wheeler, Purchase Approved purchase of the helicopter was approved by the following roll call vote: AYES:' COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission has recon'TLended that parking be on Salinas and San prohibited on 200 feet of Salinas Avenue and on 400 feet Jose Avenues of San Jose Avenue from 2:00 a.m. to 6:00 a.m. The parking prohibition is in keeping with existing over- night prohibitions on all other streets within the MOTION Wimbledon Tract. On motion by Vice Mayor Hornbuckle, Resolution 85-59 seconded by Council Member Wheeler, Resolution 85-59, Adopted being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF SALINAS AVENUE AND SAN JOSE 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 Stop Sign on The Traffic Ccmmission has recommended that a stop sign Samoa Place be erected on Samoa Place at Labrador Drivr for traffic on Samoa Place, and that the existing yield signs be removed. The Commission found that vision is not ade- MOTION quate for continued control by yield signs. On motion Removal of Yield by Vice Mayor Hornbuckle, seconded by Council Member Signs Authorized; Wheeler, authorization was given to remove the yield Reasolution 85-60 signs at Samoa Place and Labrador Drive, and Resolution Adopted 85-60, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF A STOP SIGN ON SAMOA PLACE'AT LABRADOR DRIVE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking on Harbor The Traffic Commission has recommended that parking be Boulevard prohibited along the westerly curb and allowing paral- lel parking along the easterly curb of Harbor Boulevard between Wast 19th Street and Newport Boulevard. These changes are necessary to provide proper traffic circula- tion after reconstruction of Harbor Boulevard and open - MOTION ing of The Courtyards project. On motion by Vice Mayor Parallel Parking Hornbuckle, seconded by Council Member Wheeler, authori- Authorized; zation was given to -allow parallel parking along the Resolution 85-61 easterly curb of Harbor Boulevard from West 19th Street Adopted to Newport Boulevard, and Resolution 85-61, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF HARBOR BOULEVARD BETWEEN WEST 19TH STREET AND NEWPORT BOULEVARD, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bus Stop on In response to a request from the Orange County Transit Vanguard Way District, the Traffic Commission has recommended prohi- bition of parking to establish a new bus stop along the easterly curb of Vanguard Way, beginning at the entrance of Southern California College southerly MOTION for 120 feet. On motion by Vice Mayor Hornbuckle, Resolution 85-62 seconded by Council Member Wheeler, Resolution 85-62, Adopted beim A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A BUS STOP ON VANGUARD WAY, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bus Stops at In response to a request frau the Orange County Transit Various Locations District, the Traffic Ccomission has reccwmended that Approved parking be prohibited at seven locations to establish bus stops: two on westbound Wbst 18th Street; two on eastbound West 18th Street; one on southbound Monrovia Avenue; one on eastbound West 17th Street; and one on MOTION southbound Park Avenue. On motion by Vice Mayor Resolution 85-63 Hornbuckle, seconded by Council Member Wheeler, Resolu- Adopted tion 85-63, being A RESOLUTION OF THE CITY COUNCIL OF OLD BUSINESS THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING BUS STOPS WITHIN THE CITY OF COSTA MESA, was adopted by the Parking following roll call vote: Requirements AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None MOTION ABSENT: COUNCIL MEMBERS: None Claim frau Item 3(d) on the Consent Calendar was presented: a Stallings claim and Application for Leave to Present a Late Claim fran Deborah Stallings. On motion by Council Member MOTION Wheeler, seconded by Council Member Hall, and carried Held Over 5-0, this item was continued to the meeting of July 15, 1985. Agreement/City of Item 8 on the Consent Calendar was presented: agreement Santa Ana with the City of Santa Ana to permit Santa Ana to con- struct a median opening on Sunflower Avenue approxi - Median Opening on mately 400 feet east of Bristol Street. At its meeting Sunflower Avenue of May 6, 1985, Council directed staff to prepare an agreement for the median opening. Council Member Wheeler expressed concern with the indemnity portion of the agreement. He contended that the indemnity requirement does not adequately protect the City of Costa Mesa from liability if an accident occurred as a result of the median opening. Council Member Wheeler suggested that no action be taken on this item for 30 days to provide staff with the oppor- tunity of negotiating an indemnity agreement with the City of Santa Ana. Council Members Hertzog, Schafer, and Hall indicated their satisfaction with the agreement as written. MOTION A motion was made by Council Member Hall, seconded by Agreement Council Member Schafer, approving the agreement and Approved authorizing the Mayor and Clerk to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None OLD BUSINESS On motion by Council Member Hall, seconded by Council Parking Member Schafer, Ordinance 85-19, being AN ORDINANCE OF Requirements THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INCREASING THE AMOUNT OF SMALL CAR PARKING ALLOWED FOR NON -RETAIL DEVELOPMENTS, RENUMBERING SECTIONS DEALING MOTION WITH COMMERCIAL PARKING REQUIREMENTS AND CLARIFYING Ordinance 85-19 WORDING OF SECTIONS DEALING WITH APPLICABILITY OF PARK - Adopted ING REQUIREMENTS, 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 1 C 231 Parking for Mixed A motion was made by Council Member Hall, seconded by Use Projects Council Member Schafer, to give second reading and to adopt Ordinance 85-20, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABr LISHING PARKING REQUIREMENTS FOR OFFICE BUILDINGS OVER 100,000 SQUARE FEET IN AREA AND PROVIDING FOR REDUCED PARKING FOR MIXED USE PROJECTS. Council Member Wheeler opposed the ordinance because he felt the proposed reduced parking would benefit only high-rise projects and would discriminate against garden offices. Council Member Wheeler also commented that the ULI (Urban Land Institute) Study was based on a study of the entire country and does not adequately address the situation here in California where the use of the motor vehicle is greater than in most other states. MOTION The motion to adopt Ordinance 85-20 carried by the Ordinance 85-20 following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hertzog, Schafer, Hall NOES: COUNCIL MEMBERS: Hornbuckle, Wheeler ABSENT: COUNCIL MEMBERS: None Amphitheatre The Clerk presented a report from the Assistant City Survey Manager concerning a Pacific Amphitheatre Noise Impact Questions Survey. On June 3, 1985, the Council directed staff to prepare possible questions to be included in a survey of residents near the Amphitheatre. Vice Mayor Hornbuckle, who initiated the request for survey questions, stated that there is a need for a survey because Council does not.know how residents feel about the Amphitheatre, and Council should let the citizens know the City cares. The Vice Mayor suggested that a subcommittee be formed consisting of Council and staff to formulate questions for the survey. Council Member Schafer expressed her preference to prepare a newsletter for Citywide distribution and ask citizens to respond with possible solutions to the noise problem at the Amphitheatre. Vice Mayor Hornbuckle responded that she had originally suggested the newsletter; however, the survey would be an interim solution because the newsletter may not be available for three or four months. MOTION Vice Mayor Hornbuckle moved to form a subccmmittee Form SubcCxmnittee consisting of Council and staff members to formulate and Formulate questions for a survey concerning the Amphitheatre. Questions for The motion was seconded by Council Member Wheeler and Survey further discussion ensued. Council Member Hall and Mayor Hertzog expressed their preference for a newsletter incorporating a section for citizens' responses concerning the Amphitheatre. Mayor Hertzog canted that the public opinion survey conducted by the City several months ago indicated that 72 percent of the citizens surveyed had no problem with the Amphitheatre.. SUBSTITUTE MOTION Council Member Hall made a substitute motion that the Expedite Newsletter objectives of thea newsletter as originally proposed by Vice Mayor Hornbuckle be expedited so that the newsletter can be in circulation as soon as possible. The substitute motion was seconded by Council Member Schafer. Council Member Wheeler expressed his opinion that the newsletter would not adequately serve the purpose of ccmununicating with the public and suggested that if new ideas are received from the citizens, they can be used as a tool in dealing with the Amphitheatre operators. Council Member Schafer again stated her preference for a factual newsletter. Wilma Feeney, 1154 Dorset Lane, Costa Mesa, disagreed with the Mayor's statement concerning the public opinion survey which was conducted by the City. Mrs. Feeney stated that one question in the survey, asking citizens if they had ever attended an "event" at the Amphi- theatre, was misleading. Vice Mayor Hornbuckle reiterated her request that a subcanumittee be formed and to separate the survey from the newsletter. The substitute motion to expedite the newsletter carried 4-1, Council Member Wheeler voting no. Council Member Wheeler suggested that the original motion be amended by appointing Vice Mayor Hornbuckle, himself, and the Assistant City Manager to serve on the subcommittee, and Vice Mayor Hornbuckle agreed to that modification. The original motion, as amended, carried 3-2, Council Members Hertzog and Schafer voting no. vpduRpNTS On motion by Council Member Wheeler, seconded by Vice MOTION Mayor Hornbuckle, Warrant Resolution 1290, including Warrant 1290 Payroll 8512, was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Wheeler, seconded by Vice Warrant 1291 Mayor Hornbuckle, Warrant Resolution 1291 was approved Approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY The City Attorney referred to his confidential memoran- REPORTS dun of June 24, 1985, in which he recommended approval of a settlement of a pending appeal: Masters versus Settlement of Smallwood and the City of Costa Mesa. Masters Lawsuit On motion by Council Member Hall, seconded by Council MOTION Member Schafer, the recommended settlement was approved Settlement by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None _6 4-A"KIT&_ REPORTS The Assistant City Manager recommended extending the leave of absence for Police Sergeant Rodney Haddock for MOTION an additional 90 days. Sergeant Haddock is recovering Extension of fron an -injury incurred while on duty. On motion by Leave of Absence Council Member Wheeler, seconded by Council Member Approved Schafer, and carried 5-0, the additional 90 -day leave of absence was granted. PUBLIC HEARING The Clerk announced that this was the time and place set Appeal of PA -85-73 for the public hearing for an appeal of the Planning Soffer/Yong Commission's denial of Planning Action PA -85-73 from Sid Soffer, 900 Arbor Street, Costa Mesa, authorized agent for Walter A. Yong, 188 Brookline Lane, Costa Mesa, for 77 J [1 283 a variance from open space standards to allow enclosure of a private space area between the residence and garage, located at 188 Brookline Lane in an R3 zone. Environ- mental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A communication has been received from Harold Beibin, 112 Georgetown Lane, Costa Mesa, in support of Walter Yong's request. The acting Development Services Director reviewed staff's memorandum dated June 24, 1985, stating that the Planning Commission denied the application by a 3-2 vote. Covering the patio would decrease total open space and would completely eliminate the private open space of the unit. The authorized agent, Sid Soffer, pointed out that the open patio poses a security problem in that intruders can use the garage roof to enter the patio and then enter the house without being seen by neighbors. Mr. Soffer also mentioned that there is enough common open space to meet the needs of the condominium residents. He contended that covering the patio will not reduce light nor air to the adjacent units. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, owner of a condominium unit at the subject site, spoke in support of the request to enclose the patio. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hall to approve PA -85-73 Planning Action PA -75-73 based on the following find - Approved ings: (1) Enclosing the entire patio will provide an additional 160 square feet of living area and will not affect the condominium development as a whole; (2) Many of the condominiums in the project have patio covers and a few have totally enclosed patios; (3) It would not affect the neighbor immediately west of the subject residence as that neighbor has expressed support of the request, and the enclosure will not infringe upon his light and/or air, and it will provide increased security; (4) The condominium ordinance adopted in recent years has not changed the inadequate design already existing in the condominium project; (5) Sufficient common open space exists to meet the open space needs of the development; and subject to six conditions contained in the Staff Report. Council Member Schafer seconded the motion. Council Member Wheeler opposed approval of the project primarily because he felt there has not been sufficient evidence indicating site hardship. The motion to approve Planning Action PA -85-73 carried 4-1, Council Member Weeler voting no. PUBLIC HEARING The Clerk announced that this was the time and place set Amendments to for the public hearing to consider an ordinance deleting Land Use Sections references to zones which no longer exist within the of the Municipal City; deleting redundant residential development stand - Code ards; modifying procedures pertaining to ramp slopes; clarifying wording in sections pertaining to industrial setbacks and residential uses; revising the definition of family; and permitting boarding houses as a condi- tional use in multiple -family residential zones. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning staff member summarized staff's memorandum dated June 20, 1985, explaining that the ordinance includes administrative changes to update and clarify the Land Use Ordinance. Changes are proposed for ramp slopes and the definition of "family". The ordinance would allow slopes up to 12.5 percent by right provided that certain criteria are met, including the provision that the average slope may not exceed 10 percent. The definition of "family" is the same one recommended by staff in the Family Definition Study. This definition identifies uses such as rehabilitation facilities, boarding houses, convalescent hones, et cetera, which are not permitted in a dwelling unit. Day care is permitted in residences as required by State law. John Feeney, 1154 Dorset Lane, Costa Mesa, asked if any variances from ramp slope standards are now pending. The Acting Development Services Director responded that there is one: The Broadway -Robinson development has an application pending for some interior ramps which exceed the 10 percent requirement; however, the proposed ramps meet the criteria specified in the proposed ordi- nance. PUBLIC HEARING The Clerk announced that this was the time and place set Outdoor Storage to consider an ordinance regulating outdoor storage. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. �7 There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Schafer, seconded by Council Ordinance 85-21 Member Hall, the following action was taken: Given First Reading; Ordinance 85-21, being AN ORDINANCE OF THE CITY COUN- Resolution 85-64 CIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING Adopted TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO DELETE REFERENCES TO ZONES WHICH NO LONGER EXIST WITHIN THE CITY, TO DELETE REDUNDANT RESIDENTIAL DEVELOPMENT STANDARDS, TO MODIFY PROCEDURES PERTAINING TO RAMP SLOPES, TO CLARIFY WORDING IN SECTIONS PERTAINING TO SETBACKS AND USES, TO REVISE THE DEFINITION OF FAMILY, AND TO PERMIT BOARDING HOUSES AS A CONDITIONAL USE IN MULTIPLE -FAMILY ZONES, was given first reading and passed to second reading; and Resolution 85-64, being A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING RAMP SLOPE REQUIREMENTS FOR THE CITY OF COSTA MESA, was adopted. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Outdoor Storage to consider an ordinance regulating outdoor storage. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. �7 Y� 91 B The acting Development Services Director referred to staff's memorandum of June 19, 1985. In 1983 and 1984, there were 16 applications for Conditional Use Permits to allow outdoor storage. The draft ordinance provides for a. review process similar to that for temporary trailer permits. Outdoor storage permits could be granted by staff if the following criteria is met: (1) Storage does not interfere with required park- ing or vehicular access; (2�) Storage is not in the required setback area; (3) Storage does not decrease required interior landscaping; (4) Storage is completely screened frem view from the street or adjacent properties (screening is solid and opaque and stared items do not project above the screening) . There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council Ordinance 85-22 Member Schafer, Ordinance 85-22, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading CONCERNING OUTDOOR STORAGE IN COMMERCIAL AND INDUSTRIAL ZONES, 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 GP -85-2A set for the public hearing to consider General Plan City Council Amendment GP -85-2A, Costa Mesa City Council, for an amendment to the Master Plan of Bikeways. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The General Plan Amendment was initiated by the Public Services.Department. Staff has recommended the fol- lowing revisions: Realign the bike lane on 19th Street between Orange Avenue and Whittier Avenue to 18th Street/Rochester Street with connection to be made via Orange and Whittier Avenues; Delete the bike lane along the previously adopted Route 55 Freeway alignment from Victoria Street to the southerly City limits; Approve minor changes to the bike trail in the Fairview Regional Park vicinity. The Planning Commission has recommended that staff be directed to initiate a study of possible alternative bikeway alignments for East 19th Street between Orange and Irvine Avenues. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council Resolution 85-65 Member Schafer, the Negative Declaration of Environ - Adopted mental Impact was adopted, and Resolution 85-65, being ham' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT GP -85-2A, TO AMEND THE MASTER PLAN OF BIKEWAYS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:35 p.m., and the meet-. ing reconvened at 8:45 p.m. PUBLIC HEARING The Clerk announced that this was the time and place set GP -85-2C for the public hearing to consider General Plan amend - John ment 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 set- backs etbacks from bluff crests. Environmental Determination: Environmental Impact Report accepted by Resolution 81-67, adopted July 20, 1981. The Affidavit of Publica- tion is on file in the Clerk's office. No communica- tions have been received. A Planning staff member reviewed staff's memorandum of June 20, 1985, pointing out that the applicant has been prevented from constructing a patio cover with a three- foot se tback'from the edge of the bluff due to the requirement in Policy No. 61 that buildings maintain a minimum setback of 10 feet. Since the setback is not contained in the Municipal Code, a variance cannot be granted and a General Plan Anendment is the only avail- able relief. The recommended policy revision will not allow construction of the requested patio cover, but the recommended ordinance change following the policy amendment would allow the applicant to request a Condi- tional Use Permit. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, suggested that the bluff setback should be more than 10 feet. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council Resolution 85-66 Member Wheeler, Resolution 85-66, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT GP -85-2C, AMENDING POLICY 61 OF THE GENERAL PLAN WITH REGARD TO BLUFF -TOP DEVELOPMENT, 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 HEARINGS The Clerk announced that this was the time and place set EIR/GP-85-2B/ for the public hearings for Ocean Development Company, PA-85-103/Bond 2915 Red Hill Avenue, Suite F-200, Costa Mesa, author - Financing ized agent for Barto/Tarnutzer-Venture I, for property Ocean Development/ located at the western terminus of Wast 18th Street in a Bartc/Tarnutzer - PDR -MD zone: Venture I Environmental Impact Report; General Plan Amendment GP -85-2B, for an amendment to the Master Plan of Highways by deleting the future extension of Wast 18th Street; Planning Action PA -85-103, for a Final Development Plan for a 160 -unit condominium project on 11 acres in 287 conjunction with an existing oil field and a variance from private open space requirements; and Bond financing. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. A member of the Planning staff reviewed the details of the project contained in the document, "General Plan Review - June, 1985 - GP -85-2A, GP -85-2B, GP -85-2C", staff's memorandum dated June 26, 1985; and the Staff Report. Under previously approved Zone Exception ZE-83-111, oil operations are allowed to continue for another 14 years. The proposed project provides for oil operations and multi -family residential use to co -exist until the oil production activity has ceased. The bulk of the oil - related machinery and equipment is contained on 3-1/2 acres of property (tank farm). Eight oil wells are dispersed throughout the area planned for residential development. The Planning Commission and staff have recommended that the Environmental Impact Report be accepted as adequate; approval of General Plan Amendment GP -85-2B approving deletion of the West 18th Street extension; approval of the Final Development Plan (PA -85-103) subject to condi- tions; and denial of the variance from open space requirements. Staff has also recommended approval of the application for Bond Financing, and that the Council authorize staff to execute a Cooperation Agreement with Orange County which approves sales of Mortgage Revenue Bonds issued by the County, subject to three conditions. Susan Bemis, representing Ocean Development Company, gave a slide presentation and a detailed account of the proposed project. Ms. Bemis answered questions from the Council concerning affordable rental units for senior citizens and the handicapped, open space, and the route of trucks removing oil from the property. Jim Aynes, 2811 Loreto Avenue, Costa Mesa, opposed the project because he felt oil storage and oil production are not compatible with the residential area; and that the close proximity of the oil activity to the proposed project will create a fire hazard for future tenants. Mr. Aynes also opposed the deletion of the 18th Street extension. George Lesley, 1874 Parkcrest Drive, Costa Mesa, Presi- dent of the Ocean View Park Homeowners Association, maintained that the setbacks for the project are not adequate. Jim Navai, 1857 Parkview Circle, Costa Mesa, Vice Presi- dent of the Ocean View Park Homeowners Association, and Executive Vice President of Newport Terrace Condominium Association, opposed deletion of the 18th Street exten- sion, and expressed concern that the view of the sur- rounding residents would be diminished. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that most of the traffic in Costa Mesa is generated by people going through the City. Richard Vinson, 1853 Parkview Circle, Costa Mesa, gave several reasons why he felt the project was poorly designed and suggested that development be delayed until the entire 11 acres can be utilized for residential use. Carol Peynolds, 1861 Parkview Circle, Costa Mesa, opposed the project contending that the west side traf- fic is already highly congested because of the numerous apartments in that area. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, stated that the proposed project is not appropriate for the neighborhood because of its density and the additional traffic it will generate. David R--ynolds, 1861 Parkview Circle, Costa Mesa, mentioned that Mr. Barto had promised the neighbors that single-family homes would be built on the property. He expressed concern for the safety of future residents of the project. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that the public be allowed to speak only on the issues which are applicable. Susan Bemis rebutted statements made by the aforemen- tioned speakers and again reviewed the Environmental Impact report and the proposed project. Council Member Wheeler asked if redrilling of the wells is ever required, and Ms. Bemis responded that there were no plans for redrilling. Eric Barto, the applicant, stated that since the oil wells are new, no redrilling is anticipated. There being no other speakers, the Mayor closed the public hearing. Vice Mayor Hornbuckle complimented the developer on the steps taken to make the project more palatable; however, she felt the oil wells are too close to the proposed residences and that this situation has not been suffici- ently mitigated. Council Member Hall stated that his home is near the subject project and supported the proposed development. He pointed out that the present oil field will became common open space; however, if development is delayed until the oil production activity ends, that site may very well be used for construction of more residences. Council Member Wheeler spoke in opposition to the proposal because of the density, additional traffic which will be generated, and potential toxic waste problems. He also opposed the oil field/residential combination, and commented that the Environmental Impact report shows only partial mitigation. Council Member Schafer opposed the 18th Street closure and suggested that the Envirorunental Impact Report does not adequately address potential traffic congestion. Mayor Hertzog was concerned with increased traffic, density of the project, and potential hazards from toxic wastes and fire. Council Member Hall made a motion to accept the Environ- mental Impact report as adequate; however, the motion died for lack of a second. MOrTION A motion was made by Council Member Wheeler, seconded EIR Declared by Vice Mayor Hornbuckle, declaring the Environmental Inadequate Impact R --port inadequate based on the finding that the EIR lacks mitigating measures for potential impacts of the project. The motion carried 4-1, Council Member Hall voting no. The City Attorney announced that because the EIR was found inadequate, Council cannot proceed with the remaining items. RECESS The Mayor declared a recess at 11_:00 p.m., and the meet- ing eeting reconvened at 11:10 p.m. Council Member Council Member Wheeler was absent from the Council Wheeler Absent Chambers for the first portion of the next item. NEW BUSINESS The Clerk presented a request frau the Cultural Arts Committee to consider other sources to fund the Costa Cultural Arts Mesa Chamber of Commerce's "Arts on the Green" and a Funding sound shell for Orange Coast College. "Arts on the Green" provides a public showcase for the finest performing groups in the County. A motion was made by Council Member Hall, seconded by MOTION Council Member Schafer, authorizing a $10,000.00 grant Grant Authorized to the Chamber of Commerce to support "Arts on the for "Arts on the Green", with the money to be taken from the Advertis- Green" ing and Promotional fund. Vice Mayor Hornbuckle noted that the budget for this project shows $360.00 to be paid to bartenders. She requested and the Council agreed that none of the City's grant is to be used for that expenditure. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Wheeler Council Member- Council Member Wheeler returned to the Council table Wheeler Returns at this time. MOTION A motion was made by Council Member Hall, seconded by Staff Authorized Council Member Schafer, authorizing a grant of to Negotiate $15,000.00 to assist in the purchase of a sound shell Agreement for the Robert B. Moore Theatre at Orange Creast College, subject to approval of an agreement to be negotiated by staff, said agreement to include reason- able times and dates available for Costa Mesa -sponsored organizations over and above what is now available to them. Council Member Schafer reported on some of the concerns of the Cultural Arts Cc mittee. Certain organizations have expressed concern that they may not receive their fair share of theatre time in that the College may have already reserved that time for its activities. Council Member Schafer asked that the agreement include wording which specifies times and dates for use of the facility by Costa Mesa organizations. Council Member Hall amended his motion to include the suggestion made by Council Member Schafer. The amended motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None General Plan The Clerk presented a recommendation frau the Planning Consistency Commission to initiate a General Plan Consistency Study Study for property bordered by Baker Street, the Corona del Mar Freeway, Fairview Road, and the Orange County Flood Control Channel. Wal MOTION Held Over COUNCILMANIC COMMENTS Bilingual Police and Paramedic Personnel MOTION Staff Directed to Provide Information Day Care Committee MOTION Appointments Approved In staff's memorandum of June 26, 1985, it was pointed out that a number of properties located in the subject area have General Plan/zoning conflicts. Since 1973, State law has required all cities to resolve the incon- sistencies between their General Plans and Zoning Ordinances. Council Member Hall made a motion, seconded by Council Member Wheeler, directing staff to initiate the study. Vice Mayor Hornbuckle stated her preference for a study to include the larger scale review of the General Plan which the Council has directed staff to initiate. After discussion, a substitute motion was made by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, directing staff to initiate a General Plan Update which shall include the subject area. Council Member Wheeler also withdrew his second of the original motion. Council Member Schafer was of the opinion that before a review of the General Plan is initiated, it should be discussed at the Council's goal -setting meeting which is scheduled for August 10, 1985. Mayor Hertzog agreed with the suggestion made by Council Member Schafer. The Assistant City Manager stated that if Council could first discuss the General Plan review at the goal - setting session, staff could more accurately schedule their time. Vice Mayor Hornbuckle withdrew her substi- tute motion. A motion was made by Council Member Wheeler, seconded by Council Member Hall, and carried 5-0, to continue this item to the meeting of August 19, 1985. Council Member Wheeler made a motion requesting staff to obtain the following information: the number of police officers and paramedics that are proficient in the Spanish language; the percentage of police incidents in the City involving people of Hispanic descent; survey eight or nine of the surrounding Orange County cities to see if they give a pay bonus to police officers or paramedics for bilingualness and the ability to speak Spanish; and submit,any information about prior programs in the City to teach employees.proficiency in the Span- ish pamish language. The Assistant City Manager reported that when taking surveys, staff usually contacts six cities similar to Costa Mesa in size. Council Member Wheeler indicated that surveying six cities would be adequate. The motion was seconded by Vice Mayor Hornbuckle, and carried 4-1, Council Member Hall voting no. On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, the following persons were recommended for appointment to the Child Care Committte: School District Representative: Rosemarie Bodrogi; Child Care Operators: Christine Brooks, Joyce Smith, and Mary Ann Somerville; Parent Representatives: David Harding and Stephen Auerbach. The recommended appointments were approved 5-0. Council Members Hornbuckle and Wheeler interviewed the applicants and made the aforementioned recommendations in their memorandum dated June 28, 1985. Council Member Wheeler reported that in approximately one month, he and Vice Mayor Hornbuckle will be recommending another person to serve on the committee who will be the employer representative. Moratorium on Mayor Hertzog requested a moratorium on applications for Mini -warehouses mini -warehouses except if the warehouses are to be con- structed on vacant land. Council Members Hall and Wheeler expressed opposition to the moratorium; however, Vice Mayor Hornbuckle indicated support of the request. Motion Failed A motion was made by Mayor Hertzog, seconded by Vice to Carry Mayor Hornbuckle, directing staff to prepare an urgency ordinance proclaiming a moratorium on mini -warehouses on properties presently being used for industrial purposes. The motion failed to carry, Council Members Schafer, Hall, and Wheeler voting no. MOTION Mayor Hertzog expressed her concern that teen -alters Authorized Report have no where to go for their entertainment. The for a 'Then Center Mayor made a motion that she and Vice Mayor Hornbuckle hold discussions with teen-agers in the community con- cerning development of a teen center and to brim back a report to the Council on their findings. The motion was seconded by Vice Mayor Hornbuckle, and carried 5-0. ADJOURNMENT The Mayor declared the meeting adjourned at 11:50 p.m. 6r- of -the i Citv Aro- ATTEST: C ty Clerk of .the City of Qtfsta Mesa