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HomeMy WebLinkAbout07/15/1985 - City Council292 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 15, 1985 The City Council of the City of Costa Mesa, California, met in regular session July 15, 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 Bruce Jeske, Christ Lutheran Church. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: Assistant City Manager, City Attorney, Acting Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Council Member Schafer, seconded by Council July 1, 1985 Member Wheeler, and carried 5-0, the minutes of the regular meeting of July 1, 1985, were approved as dis- tributed and posted. ORDINANCES A motion was made by Council Member M'neler, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. Mayor Announced Mayor Hertzog announced that Items 4(a) and 4(b) under Item to be Held Old Business concerning the installation of the median Over and Item on Golf Course Drive will be continued until a meeting to be Withdrawn can be held with all residents in the impacted area. The Mayor also announced that Public Hearing No. 2, Council review of Planning Action PA -85-115, has been withdrawn by the applicant, M. D. Janes Company, Incorporated/G.O.F. Properties. ORAL COMMUNICATIONS John Lyons, 1854 Kinglet Court, Costa Mesa, expressed his concern over the delay of reconstructing the median Golf Course on Golf Course Drive. Mr. Lyons asserted that it is Drive Median not the apartment residents. -nor the hcarieowners who are opposed to the median being reconstructed, but that developers and apartment owners are against having a median re -installed on Golf Course Drive. Mr. J. L. Frederick, resident of the Vista del Lago Apartments, 2775 Mesa Verde Drive East, No. S-104, Costa Mesa, stated that he has been a resident of the area for 10 years and that he was the person who circu- lated the petition requesting Council to reconsider construction of the median. He commented that the original installation of the median was a mistake and mentioned that the Fire Deparbnent also is opposed to a median on Golf Course Drive. Ordinance Sid Soffer, 900 Arbor Street, Costa Mesa, indicated Procedure that he was unfamiliar with the procedure for adoption of an ordinance, and asked what types of ordinances must be considered at a public hearing. The City Attorney responded that the Government Code specifies when a public hearing must be held; if it is not speci- fied in the Government Code, then a public hearing is not required. 2.93 Mr. Soffer concluded by suggesting that the processing of ordinances is confusing and that more information should be made available to the public. Investigation of Sid Soffer mentioned that he has heard from a reliable Soffer Property source that Council Member Wheeler has requested an investigation of one of Mr. Soffer's properties to determine if there are illegal structures. Council Member Wheeler replied that any complaints received by the City are confidential and in light of this, he could not comment on that subject. Fire Department Bill Polder, 1628 White Oak Street, Costa Mesa, praised Commended the Costa Mesa Fire Department for the excellent manner in which they performed while fighting a fire at his home at 3:45 a.m. on July 6, 1985. He reported that even though he expected much of the property to be lost, the firefighters saved most of the valuable antiques and furniture. PA -85-115 Eon DeGeare, 334 Colleen Place, Costa Mesa, referred to Conversion Planning Action PA -85-115, a request from M. D. Janes Company, Incorporated/G.O.P. Properties, to allow mini - storage space at 959-961 West 17th Street. Mr. DeGeare reported that he has received a notice from the Janes Company to vacate the premises within 30 days and that a fine of $200.00 would be assessed for each day he remained on the property after the 30 -day period. Mrs. William W. Guthrie, 1624 Whittier Avenue, Costa Mesa, owner of the mobile hone park adjacent to the subject property, was opposed to three-story buildings being constructed adjacent to the park. Ken Burger, 1482 Corsica Place, Costa Mesa, stated that he will be forced to relocate his business if the mini - warehouses are permitted on the Janes property. Martha Burger, 1863 Parkcrest Drive, Costa Mesa, reported that a Planning Commission Condition of Approval was that the tenants of the West 17th Street property were to be given 60 days to vacate. She also mentioned that a $200.00 per unit penalty was being assessed by the Janes Company for each day a tenant remained beyond the 60 -day limitation. In response to an inquiry from Bob Boyles, 1684 Whittier Avenue, Suite 39, Costa'Mesa, Mayor Hertzog stated that the subject property is located in an industrial zone where mini -warehouses are permitted. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, owner of commercial and industrial properties within the City, expressed his viewpoint that a property owner has a right to develop his property as he sees fit. Further, that if a tenant's contract specifies a 30 -day notice to vacate, the tenant must abide by that agree- ment. Ron DeGeare spoke again concerning the dilemma of the tenants because they cannot find affordable space within the City.`.. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that the City Council has not provided areas for the small businessman. John Janes, M. D. Janes Company, Incorporated, submitted a list of available rental properties in the City. He reported that his associate, Todd Newman, has been attempting to find new locations for the tenants. 2'94 Mr. Janes also advised the Council of an offer he had made to the tenants indicating that if they moved within 60 days from close of escrow (July 3), no rent would be charged for that time and deposits would be refunded as well. Todd Newman, associate of Mr. Janes, answered questions from the Council concerning the availability of rental space within the City. Council Member Hall asked Mr. Janes if he would be will- ing to extend the 60 -day rent-free offer to those tenants who had not previously taken advantage of that offer. Mr. Janes responded that he would be willing to do so. Ron DeGeare thanked the Council for negotiating the additional 30 days to vacate and commented that he had already leased space on MacArthur Boulevard. Jerry Odegaard spoke again and suggested that Council consider a zone for small businesses. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 3, business permit for the Iran Relief Fund; and Item 8, a resolution concerning the Fairview Road overcrossing at Interstate 405. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Farmers Insurance Exchange/Suzanne Hart; Attorney C. Brent Scott on behalf of Michael Bielby; Brian A. Pickard on behalf of Lya Quevedo; and Loretta Beach. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Der Licenses Wienerschnitzel International, Incorporated, doing business as Weldon's, 250 Bristol Street; and Center Club, Incorporated, doing business at 650 Town Center Drive. Public Notice from Pacific Bell advising that it has filed an Utilities amendment to Application No. 85-01-034 with the Public Commission Utilities Commission regarding a general rate increase. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from the American Diabetes American Diabetes Association, 3460 Wilshire Boulevard, Suite 900, Los Association Angeles, by soliciting funds from August 1 through October 6, 1985, and by conducting a bike ride through MOTION Costa Mesa on October 6, 1985. On motion by Council Permit Approved Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the permit was approved with application of Section 9-2341 of the Municipal Code. SET FOR PUBLIC On motion by Council Member Schafer, seconded by Vice HEARING Mayor Hornbuckle, and carried 5-0, the following item was set for public hearing on August 5, 1985, at 6:30 p.m., in the Council Chambers of City Hall: 1 [1 Bluff -top Ordinance establishing setbacks and review criteria Developments for bluff -top developments. Environmental Determina- tion: Negative Declaration. REJECTED CLAIMS On motion by Council Member Schafer, seconded by Vice Radisay Mayor Hornbuckle, and carried 5-0, the claim from Ivyrose Radisay was rejected. Tafe On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Leslie Tafe was rejected. ADMINISTRATIVE Staff has requested authorization to purchase one ACTIONS computer disk drive, Model CDC 9766, at a cost of $22,500.00 plus tax, from sole source vendor, PRC Public Purchase of Management Systems, Incorporated, 185 Berry Street, Disk Drive Suite 3808, San Francisco. The disk drive will become an integral part of the Police Department's computer MOTION system. On motion by Council Member Schafer, seconded Purchase by Vice Mayor Hornbuckle, the purchase was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/State The Director of Public Services has requested approval of California of an agreement with the State of California to modify traffic signals on Baker Street at the Costa Mesa (55) Baker Street Freeway by including left -turn signals. Cost to the On-ramp Signals City would be between $24,000.00 and $28,000.00. On motion by Council Member Schafer, seconded by Vice Mayor MOTION Hornbuckle, the agreement was approved and the Mayor and Agreement Clerk were authorized to sign on behalf of the City. Approved 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 Change Order No. 1 The Director of Public Services has requested approval R. J. Noble of Change Order No. 1 for $11,684.00 to the contract with R. J. Noble Company, 15505 East Lincoln Avenue, Reconstruction of Orange, in connection with Reconstruction of Parkways Parkways and and Planting New.Trees on Various Streets. Staff has Planting New Trees recommended removal and installation of one crossgutter on Various Streets and one driveway approach, and installation of addi-, tional sidewalk. On motion by Council. Member Schafer, MOTION seconded by Vice Mayor Hornbuckle, the change order was Change Order approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order Nos. The Director of Public Services has requested approval 17, 18, and 19 of Change Order Nos. 17, 18, and 19, in the amounts of Clarke Contracting $8,892.00, $1,363.81, and $3,018.80, respectively, and are in connection with the contract with Clarke Assessment District Contracting Corporation, 1218 South Alameda Street, No. 82-2/South Compton, for construction of Assessment District Coast Metro Center No. 82-2, South Coast Metro Center. The contractor was directed to perform additional services as outlined in MOTION the Director's letter to the Council dated July 5, 1985. Change Orders On motion by Council Member Schafer, seconded by Vice Approved Mayor Hornbuckle, the change orders were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract 12453, Heritage Tract 12453 Investments, 2845 Mesa Verde Drive East, Suite No. 7, Heritage Costa Mesa; one lot, 0.504 -acre, located at 2551 Elden Investments Avenue, for condaminium purposes. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, the MOTION map was approved; the Council did accept on behalf of Map Approved the City the easement for ingress/egress of emergency and security vehicles, and the easement for public utility purposes; and the Clerk was authorized to sign the map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference On motion by Council Member Schafer, seconded by Vice Advance Mayor Hornbuckle, a Conference Advance for $1,028.00, for a police officer to attend the Narcotics Investi- MOTION gation Course in Sacramento frau August 4 to 16, 1985, Advance was approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prado Reservoir On motion by Council Member Schafer, seconded by Vice Water Conservation Mayor Hornbuckle, Resolution 85-67, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- MOTION FORMA, SUPPORTING PRADO RESERVOIR WATER CONSERVATION, Resolution 85-67 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 BUSINESS PERMIT Item 3 on the Consent Calendar was presented: Notice of Iran Relief Fund Intention to Appeal.or Solicit for Charitable Purpose from the Iran Relief Fund, Incorporated, 2007 Wilshire Boulevard, Suite 213, Los Angeles, by soliciting funds from the date of approval through November 20, 1985. No one was present to represent the applicant. Council Member Hall stated that he removed the item frau the Consent Calendar because of concerns regarding the method of solicitation and a question as to whether or not this organization has tax-exempt status with the Internal Revenue Service. In view of these concerns, Council Member Hall stated that he would prefer having more information before action is taken. MOTION A motion was made by Council Member Hall, seconded by Held Over Council Member Schafer, to continue this item to the meeting of September 16, 1985. Council Member Wheeler stated that information received from staff indicates that they have a tax-exempt status with the IRS. He maintained that the item is being continued because Iranians are not a popular political group. Council Member Wheeler constended that the permit should be acted upon this evening. Vice Mayor Hornbuckle pointed out that staff's memor- andum of July 2, 1985, states that Police Department carunents and recommendation are attached; however, this information was not included with the report. Vice Mayor Hornbuckle ccumnented she would not feel comfort- able voting on this,item until she has seen comments from the Police Department. 297 Council Member Wheeler reiterated that adequate reasons have not been -provided to justify the motion. The motion to continue this item for 60 days carried 3-2, Council Members Hornbuckle and Wheeler voting no. Fairview Road Item 8 on the Consent Calendar was presented: a resolu- Overcrossing at tion authorizing requests for proposal for preparation Interstate 405 of an environmental assessment report for improvement of the Fairview Road overcrossing at Interstate 405. Council Member Wheeler claimed that adoption of the resolution would be the first step to construct an overpass to handle the increased traffic initiated by developers. He suggested that the cost of the over - crossing should be paid by developers, not by the State nor the City. MOTION A motion was made by Council Member Hall, seconded by Resolution 85-68 Council Member Schafer, to adopt Resolution 85-68, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING REQUESTS FOR PROPOSAL TO PREPARE AN ENVIRONMENTAL ASSESSMENT REPORT FOR IMPROVE- MENT OF THE FAIRVIEW ROAD OVERCROSSING AT INTERSTATE 405. At the request of Vice Mayor Hornbuckle, the Director of Public Services explained the funding for the pro- posed overcrossing: 87.percent of the costs will be funded through the Federal Aid Urban (FAU) program. The remaining 13 percent will be taken from transporta- tion fees which were assessed for projects already approved. The motion to adopt Resolution 85-68 carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None OLD BUSINESS A motion was made by Council Member Hall, seconded by Amendments to Council Member Schafer, to give second reading and to Title 13 of the adopt Ordinance 85-21, being AN ORDINANCE OF THE CITY Municipal Code COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 -OF THE.COSTA MESA MUNICIPAL CODE TO DELETE MOTION REFERENCES TO ZONES WHICH NO LONGER EXIST WITHIN THE Ordinance 85-21 CITY, DELETE REDUNDANT RESIDENTIAL STANDARDS, MODIFY Adopted PROCEDURES PERTAINING TO RAMP SLOPES, CLARIFY WORDING IN SECTIONS PERTAINING TO SETBACK AND USES, REVISE THE DEFINITION OF FAMILY, AND PERMIT BOARDING HOUSES AS A CONDITIONAL USE IN MULTIPLE -FAMILY ZONES. Council Member Wheeler contended that the portion of the ordinance modifying ramp slope requirements will benefit the Arnel project only, and felt this modification is a grant of special privilege to that developer. Council Member Wheeler asked if the new ramp requirements would benefit any other development. The Acting Development Services Director responded that it would affect the Broadway/Robinson project. Responding to a question from Vice Mayor Hornbuckle, the Director reported that approximately two years ago, the ordinance was amended for commercial zones but it did not address industrial and residential areas. The new ordinance was drafted to include the latter zones. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that the overabundance of City regulations has caused construction costs to soar. �zy Ron Young, 2100 Monrovia Avenue, Costa Mesa, asked about the new definition of "family". Vice Mayor Hornbuckle explained that the State declared that the City's definition was too limiting, therefore, the ordinance had to be mended. Sid Soffer questioned the legality of the multi-itemed ordinance. The City Attorney replied that in his opinion the ordinance does not violate State statute. The motion to give second reading and to adopt Ordi- nance 85-21 carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Outdoor Storage On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, Ordinance 85-22, being AN ORDINANCE OF THE MOTION CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 85-22 OONCERNING OUTDOOR STORAGE IN COMMERCIAL AND INDUSTRIAL Adopted ZONES, 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 Stallings Claim The Clerk presented from the meeting of July 1, 1985, a claim and an Application for Leave to Present a Late Claim from Deborah Stallings. MOTION On motion by Council Member Wheeler, seconded by Council Late Claim Member Schafer, and carried 5-0, the Application for Accepted; Claim Leave to Present a Late Claim was accepted; however, the Rejected claim was rejected. Golf Course The Clerk presented the following items concerning the Drive Median Golf Course Drive Median: Petition signed by 215 residents of Mesa Verde Drive East, requesting reconsideration of replacing the median on Golf Course Drive, and to rescind the Coun- cil's previous approval to replace the median. Agreement with C.D.C. Engineering, Incorporated, 2691 Richter Avenue, Suite 121, Irvine, in the amount of $6,500.00, to provide plans and specifications to construct the new median on Golf Course Drive. A letter has been received from the Men's Club, Costa Mesa Golf and Country Club, opposing reconstruction of the median. MOTION A motion was made by Council Member Wheeler to continue Held Over; Staff these items to August 19, 1985, and to direct staff to Directed to schedule a meeting as soon as possible with residents Schedule Meeting of the impacted area, including the Vista del Lago and Mesa Verde Villa apartment complexes, as well as the residents of the "bird streets", and to mail notifica- tions to these residents as far in advance of the meet- ing as possible. The motion was seconded by Council Member Hall, and carried 5-0. Council Member Wheeler offered to represent the Council at that meeting and suggested that one more Council Member attend. WARRANT On motion by Council Member Schafer, seconded by Council Member Wheeler, Warrant Resolution 1292, including Pay- roll 8513, was approved by the following roll call vote: EVLO; MOTION AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Warrant 1292 Schafer, Hall, Wheeler Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY REPORTS The City Attorney referred to his confidential memoran- dun of June 26,-1985, in which he recommended approval Lacefield Claim of a settlement in connection with the claim from Edna B. Lacefield. MOTION On motion by Council Member Hall, seconded by Council Settlement Member Wheeler, the recommended settlement was author - Authorized ized by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Council Procedures The City Attorney presented an ordinance relating to and Claims Against City Council procedures and claims against the City for the City money or damages. He commented that the Council has indicated that they need more time to study the ordinance. MOTION On motion by Council Member Hall, seconded by Council Referred to Member Schafer, and carried 5-0, this item was referred Study Session to the Study Session of September 10, 1985. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of appeal of the Planning Commission's denial of Planning PA -85-101 Action PA -85-101 from Tim Rhine, Petro Roofing Company, Rhine/Van Loon authorized agent for Van Loon Enterprises, Incorporated, 2019 South Capella Court, Costa Mesa, for a sign vari- ance at 2626 Newport Boulevard in a C2 zone. Environ- mental Determinations Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The permitted signage for the property is for a height of seven feet, an area of 15 square feet, and for seven items of information. The appellant has proposed a sign 20 feet high, 80 square feet in area, and containing 12 items of informa- tion. At the Planning Commission hearing, Mr.'Rhine presented a revised proposal which reduced the number of information items frc$n 12 to 9. Other aspects of the sign were not changed. Tim Rhine was present and explained that a higher sign is needed primarily for traffic safety. He commented that the sign should be high enough so that it could be seen easily by those traveling on Newport Boulevard. Mr. Rhine also mentioned that a wall sign would not be viable because the building is set back approximately 100 feet from the street. During discussion, Council Member Wheeler pointed out that other requests for larger signs in similar commer- cial areas were also denied. Council Member Hall suggested that Council allow the sign to be at a higher location because height is more important than square footage. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that all businesses should be required to have addresses located on the property so that they are visible from the street.- 1 Mr. Rhine reiterated that the sign must be larger and higher for safety purposes. There being no other speakers, the Mayor closed the public hearing. Vice Mayor Hornbuckle mentioned that the Staff Report states that the business will not generate patron traffic, and in view of this information, she did not believe the larger sign requested by Mr. Rhine was necessary and that no site hardship exists. MOTION A motion was made by Vice Mayor Hornbuckle, seconded PA -85-101 by Council Member Schafer, to uphold the Planning Denied Commission's denial of the request. Council Member Hall'recommended that this item be referred back to the Planning Commission so that Mr. Rhine would not have to pay an additional fee. After brief discussion, the motion to deny PA -85-101 carried 4-1, Council Member'Hall voting no. PUBLIC HEARING The Clerk announced the public hearing for Council Council Review review of Planning Action PA -85-115, Jordan Architects, of PA -85-115 authorized agent for M. D. Janes Company, Incorporated/ Jordan/Janes/G.O.P. G.O.F. Properties, 2323 North Tustin Avenue, Suite H, Santa Ana, for a variance from front setback require- ments and a Conditional Use Permit for excess building height to allow the conversion of two existing indus- trial buildings to mini -storage space, and to construct two three-story mini -storage buildings, located at 959-961 West 17th Street in an MG zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. A communication has been received from the M. D. Janes Company, Incorporated, withdrawing its application. MOTION Council Member Hall moved to withdraw the application PA -85-115 as requested by the applicant. The motion was seconded Withdrawn by Council Member Wheeler, and carried 5-0. RECESS The Mayor declared a recess at 9:10 p.m., and the meet- ing reconvened at 9:15 p.m. COUNCILMANIC Council Member Hall was absent when the meeting recon - COMMENTS vened. Fire and Police Council Member Wheeler announced that he has had the Commended opportunity to observe the Fire Department, the Police Department, and the Communications Department at the scenes of traffic fatalities and during rather serious traffic collisions. He reported that the cooperation that is exhibited among those departments is exemplary and does not exist in many of the surrounding communi- ties. Council Member Wheeler commended those depart- ments for their cooperation with each other and ability to work together. Senior Citizens Vice Mayor Hornbuckle recommended Geraldine Speheger, Committee 1686 Madagascar Street, Costa Mesa, for appointment to the Senior Citizens Committee as an alternate member. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Alternate Member Schafer, and carried 4-0, Council Member Hall Appointed absent, the appointment was approved. Availability Vice Mayor Hornbuckle asked staff to investigate the of Ordinances possibility of having copies of ordinances available to the public. �J tau Council Member Council Member Hall returned to the chambers at this Hall Returns time. MOTION Vice Mayor Hornbuckle made a motion to adopt an urgency Establish ordinance establishing a moratorium for mini -warehouses Moratorium for until after the September 10, 1985, Study Session. The Mini -warehouses motion was seconded by Council Member Schafer. Council Member Wheeler opposed the motion because he felt it would be discriminatory if the moratorium only affected one type of business. After further discussion, the City Attorney recommended that the motion specify whether or not the urgency ordi- nance will affect existing applications or only new applications. He also reminded the Council that a four-fifths vote in favor of the motion is required to adopt an urgency ordinance. AMENDED MOTION Vice Mayor Hornbuckle amended her motion by specifying Moratorium for New that the moratorium shall be for new applications only. Applications Only The amended motion was seconded by Council Member Failed to Carry Schafer; however, the motion failed to carry 3-2, Coun- cil Members Hall and Wheeler voting no. MOTION Vice Mayor Hornbuckle made a motion to place on the Referred to September 10 Study Session Agenda, discussion of the Study Session impact of mini -warehouses on land use in the City. The motion was seconded by Council Member Hall, and carried 5-0. Beehives Council Member Hall reported that some of the Council Members have received call"s. fran a resident of the west side who is concerned with beehives and beekeeping in residential areas. MOTION On motion by Council_ Member Hall, seconded by Council Staff Directed Member Wheeler, and carried;.5-0, directing the appro- to Investigate priate City department to investigate possible ordinance Possible provisions relative to beekeeping within the City of Ordinance Costa Mesa. Date Changed for During brief discussion, the Mayor verified that the Goal -setting goal -setting session has been changed from August 10 to Session August 17, 1985. Sale and Use of Mayor Hertzog stated that she favored a ban on the sale Fireworks and use of fireworks within the City. She suggested that the 4th of July be celebrated by having a pyro- technics display. MOTION Mayor Hertzog made a motion directing staff to review Initiate Ban steps that would allow the City to ban the sale and on Fireworks explosion of fireworks within the City of Costa Mesa. Council Member Schafer stated that important issues such as a fireworks ban should be scheduled for a Study Session before being introduced at a Council meeting. AMENDED MOTION Mayor Hertzog amended her motion by referring this item Referred to to a Study Session. Vice Mayor Hornbuckle seconded the Study Session amended motion. Council Member Wheeler commented that a ban on fireworks would be unenforceable. During discussion, The Assistant City Manager asked if the staff report being requested shall contain proce- dures to implement an ordinance. He also asked if staff is to make recommendations concerning a communitywide pyrotechnic display. Mayor Hertzog responded that staff should provide the procedures for the ordinance; how- ever, a communitywide pyrotechnic display could be addressed at a later date. Considerable discussion ensued concerning the necessity for staff input at this time. Council Member Wheeler asked what information Council needs from staff. Mayor Hertzog responded that staff will probably supply information on the number of permits required for fire- works.stands, the number of groups operating within the City, locations of the stands, procedures for set- ting up the stands, and the insurance required by the City. The Mayor called for the vote on the amended motion to refer this item to a Study Session. The motion carried 3-2, Council Members Schafer and Wheeler voting no. ADJOURNMENT The Mayor declared the meeting adjourned at 9:35 p.m. ATTEST: City Clerk of the City of Costa sa