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HomeMy WebLinkAbout09/03/1985 - City Council333 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 3, 1985 The City Council of the City of Costa Mesa, California, met in regular session September 3, 1985, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Mr. Ron McConnehea, First Church of Christ Scientist. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, Assistant City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Council Member Wheeler, seconded by Council August 19, 1985 Member Schafer, and carried 5-0, the minutes of the regular meeting of August 19, 1985, were approved as distributed. 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 Sid Soffer, 900 Arbor Street, Costa Mesa, read from the Government Code in reference to findings for approval or Variances denial of variances. Parking Shortage Anna Shereshevsky, 2152 Elden Avenue, Costa Mesa, stated at Casa Bella that there is a parking shortage in the area of the Casa Senior Citizens Bella Senior Citizens Apartments, 1840 Park Avenue. She Apartments requested that Council investigate the matter. CONSENT CALENDAR The following items were removed frau the Consent Calendar: Item 5, Moratorium on acceptance of General Plan Amendment applications; Item 6, Accessory apartments in single-family dwell- ings; Item 12(b), Agreement with Robert Bein, William Frost and Associates, for preparation of environmental documentation for the Del Mar Avenue widening; and Item 12(c), Agreement with the County of Orange con- cerning preparation of an Environmental Impact Report for the widening.of Del Mar Avenue frau Newport Boule- vard to Irvine Avenue. On motion by Council Member Schafer, 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 On motion by Council Member Schafer, seconded by Council COMMUNICATIONS Member Wheeler, Resolution 85-79, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Records Destruction AUTHORIZING RECORDS DESTRUCTION FOR THE PERSONNEL for the Personnel DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- Department NANCE NO. 75-60, was adopted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Resolution 85-79 Schafer, Hall, Wheeler Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Records Destruction On motion by Council Member Schafer, seconded by Council for City Clerk, Member Wheeler, Resolution 85-80, being A RESOLUTION OF Public Services, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, and Development AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK, Services PUBLIC SERVICES, AND DEVELOPMENT SERVICES DEPARTMENTS OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. MOTION 75-60, was adopted by the following roll call vote: Resolution 85-80 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Adopted 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 Reading Folder items were received and processed: Claims Claims received by the City Clerk: Desmond Joseph Moreland; and Attorney Robert A. Foster II on behalf of Marianne Lenore Sharpe. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Chang H. and Jukyo Paik, doing business as the Copper Tree Deli, 151 Kalmus Drive, Suite F-6; Florentino C. Apeles, doing business at 1195 Baker Street; and Jenny S. and Richard E. Kim, doing business at 1895 Monrovia Avenue. Beekeeping Letter fram William B. Anderson protesting the possi- Ban ible ban of beekeeping in the City of Costa Mesa. Joint -Several Resolution from the City of La Mesa supporting the Liability proposal that the League of California Cities initiate a Statewide ballot initiative for relief of the joint - several liability rule. SB 969 Communication from the City of E1 Monte requesting Punitive Damages support of Senate Bill 969, which authorizes but does not obligate a City to pay punitive damages on behalf of public employees. SB 1434 Resolution frau the City of Anaheim supporting Senate Fair Labor Bill 1434, exempting State and local governments from Standards Act overtime provisions of the Fair Labor Standards Act. John Wayne Communication from Douglas Aircraft Company urging Airport Council to adopt a resolution supporting its aircraft for use at Orange County/John Wayne Airport. SET FOR PUBLIC On motion by Council Member Schafer, seconded by Council HEARING Member'Wheeler, and carried 5-0, the following items were set for public hearing on September 16, 1985, at 6:30 p.m.,, in the Council Chambers of City Hall: Fortunetelling ordinance adding fortunetelling as a permitted use in the Cl and C2 zones and deleting prohibition of for- tunetelling. 335 Underroof Uses in Amendment to the Costa Mesa Municipal Code deleting Commercial and references to section numbers and providing uniform Industrial Zones language for sections requiring uses to be conducted underroof in commercial and industrial zones. Environmental Determination: Exempt. REJECTED CLAIMS On motion by Council Member Schafer, seconded by Council Johnson Member Wheeler, and carried 5-0, the claim from Michael Johnson was rejected. Quevedo On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Lya Quevedo was rejected. Long On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Stephen -Long was rejected. Statile On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from William Statile was rejected. Savage On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Nathan Savage was rejected. Koch On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from James P. Koch was rejected. Fireman's Fund/ On motion by Council Member Schafer, seconded by Council Fazekerley Member Wheeler, and carried 5-0, the claim from Fire- man's Fund Insurance Company/Spencer Fazekerley was rejected. ADMINISTRATIVE ACTIONS Bids received for Bid Item 676, Ready Mixed Concrete, are on file in the Clerk's office. On motion by Council Bid Item 676 Member Schafer, seconded by Council Member Wheeler, the Ready Mixed contract was awarded to Standard Concrete Products, 117 Concrete West Fourth Street, Santa Ana. The motion carried by the following roll call vote:. MOTION AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Awarded to Schafer, Hall, Wheeler Standard Concrete NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 677 Bids received for Bid Item 677, Class -A Top Soil, are Class -A Top Soil on file in the Clerk's office. On motion by Council Member Schafer, seconded by Council Member Wheeler, MOTION the contract was awarded to G and M Trucking Company, Awarded to 17513 Parkvalle Place, Cerritos, in the amount of $6.25 G and M Trucking per ton plus tax. 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 Bid Item 678 Bids received for Bid Item 678, Aggregate Base Material, Aggregate Base are on file in the Clerk's office. On motion by Council Material Member Schafer, seconded by Council Member Wheeler, the contract was awarded to West Coast Sand and Gravel, MOTION Incorporated, Post Office Box 5267, Buena Park, in the Awarded to West amount of $7.50 per ton plus tax. The motion carried Coast Sand and by the following roll call vote: Gravel AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 336 Bid Item 679 Bids received for Bid Item 679, Asphalt Concrete Asphalt Concrete A.R. 4000, are on file in the Clerk's office. On motion A.R. 4000 by Council Member Schafer, seconded by Council Member Wheeler, the contract was awarded to Blue Diamond MOTION Material Canpany, Incorporated, Post Office Box 432, Awarded to Blue Orange, in the amount of $21.00 per ton plus tax. The Diamond Material motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 680 Bids received for Bid Item 680, Five Lightbars - Code Five Lightbars- 3 XL, are on file in the Clerk's office. On motion by Code 3 XL Council Member Schafer, seconded by Council Member Wheeler, the contract was awarded to Public Safety MOTION Supply Company, Incorporated, Post Office Box 5871, Awarded to Public Orange, in the amount of $5,114.50 including tax. The Safety Supply motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Restroom and Bids received for Construction of a Restroom and Asso- Associated ciated Improvements at Smallwood Park are on file in Improvements at Clerk's office. On motion by Council Member Schafer, Smallwood Park seconded by Council Member Wheeler, the contract was awarded to Hondo Company, 18392 East 17th Street, MOTION Santa Ana, in the amount of $44,487.00. The motion Awarded to carried by the following roll call vote: Hondo Company AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Renovate Parking Bids received for Renovation of Parking Lots at TeWinkle Lots at TeWinkle Park and Presidio Square, and Renovation of the Multi - and Presideo; purpose Court at Balearic Center are on file in the Renovate Multi- Clerk's office. On motion by Council Member Schafer, purpose Court at seconded by Council Member Wheeler, the contract was Balearic awarded to R. J. Noble Company, Post Office Box 630, Orange, in the amount of $93,636.10. The motion carried MOTION by the following roll call vote: Awarded to AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, R. J. Noble Schafer, Hall, Wheeler Cempany NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Phase II of HVAC Staff has requested authorization for sole source Modification vendor, Honeywell, Incorporated, 3176 Pullman Street, Suite S-109, Costa.Mesa, to perform Phase II of the Modification to the Civic Center Heating, Ventilating, and Air Conditioning (HVAC) system. The cost for labor MOTION and material is $64,000.00 including tax. On motion by Modification Council Member Schafer, seconded by Council Member Approved Wheeler, modification to the system was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "A' The Director of Public Services has requested approval Born Barrett of Change Order "A' for $35,000.00 to the contract with Born Barrett and Associates, 3184-K Airway Avenue, Costa Harbor -Maple Stonn Mesa, in conjunction with the Harbor -Maple Storm Drain Drain Design design. The change order is for various required revi- sions to the plans. On motion by Council Member 1 1 MOTION Schafer, seconded by Council Member Wheeler, the change Change Order order was approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 2 The Director of Public Services has requested approval Artistic Landscape of Change Order No. 2 for $4,100.00 to the contract with Artistic Landscape and Engineering, Incorporated, 8445 Fairview Bike Dearborn Avenue, South Gate, in conjunction with Trail I Fairview Bike Trail I. The change order is for addi- tional material to properly grade shoulders adjacent to MOTION the bike trail. On motion by Council Member Schafer, Change Order seconded by Council Member Wheeler, the change order was Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 1 The Director of Public Services has requested approval KIP, Incorporated of Change Order No. 1 for $10,800.00 to the contract with KIP, Incorporated, 1621 La Mirada Drive, San Upper F03 Storm Marcos, in conjunction with Upper F03 Storm Drain Drain Reach 1, Reach 1, 2, and 3. The change order is for additional 2, and 3 and unforeseen work during the removal of the existing storm drain pipe. On motion by Council Member Schafer, seconded by Council Member Wheeler, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 1 The Director of Public Services has requested approval Steiny and Company of Change Order No. 1 for $4,100.00 to the contract with Steiny and Company, Incorporated, 2230 East Orange - Traffic Signals thorpe Avenue, Fullerton, in conjunction with Traffic Victoria/Valley; Signal Construction at Victoria Street and Valley Road, Various Locations and at Various Locations on Victoria Street and on Red on Victoria and Hill Avenue. The change order is for additional traffic on Red Hill signal loops to provide dual left -turn lanes on Red Hill Avenue at Baker Street and at Paularino Avenue. On MOTION motion by Council Member Schafer, seconded by Council Change Order Member Wheeler, the change order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 1 The Director of Leisure Services has requested approval Baird and Carter of Change Order No. 1 for $1,908.52 to the contract with Baird and Carter, Post Office Box 6764, Huntington Harbor Median Beach, in conjunction with the Harbor Boulevard Median Development. The change order is to replace an old MOTION sidewalk not included in the original plans. On motion Change Order by Council Member Schafer, seconded by Council Member Approved Wheeler, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/Greer The Director of Leisure Services has requested approval and Company of an agreement with Greer and Company, Incorporated, 4095 East La Palma Avenue, Suite "L", Anaheim, in the Harbor Median amount of $8,478.00, for design of the Harbor Boulevard from Bay to 19th Median from Bay Street to 19th Street. On motion by 338 Council Member Schafer, seconded by Council Member MOTION Wheeler, 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 Stop Signs at The Traffic Commission has recommended installation of Conway/Loren stop signs to replace the existing yield signs on Conway Avenue at Loren Lane. The recommendation was made after review of peak hour traffic conditions, MOTION accident history, and traffic volumes. On motion by Resolution 85-81 Council Member Schafer, seconded by Council Member Adopted Wheeler, Resolution 85-81, being A RESOLUTION OF THE CITY COUNCIL OF THE'CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF STOP SIGNS ON CONWAY AVENUE AT LOREN LANE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler ,NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None No Parking on The Traffic Commission has recommended that parking be Thurin and on prohibited along the westerly curb of Thurin Street Hamilton 70 feet northerly and 70 feet southerly of Hamilton Street, and along the southerly curb of Hamilton Street 50 feet westerly of Thurin Street. The reccsn- mendation was made after reviewing traffic and pedes- trian volumes, accident history, and neighborhood development. On motion by Council Member Schafer, MOTION seconded by Council Member Wheeler, Resolution 85-82, Resolution 85-82 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Adopted COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON POR- TIONS OF THURIN STREET AND ON HAMILTON STREET, was adopted 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 Council Advances Member Wheeler, Conference Advances for $517.55 each, for two police officers to attend the Personnel Manage - MOTION ment Conference in La Jolla, September 16-20, 1985, Advances were approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Moratorium for Item 5 on the Consent -Calendar was presented: Set a General Plan public hearing for extension of an interim ordinance Amendments establishing a moratorium on the acceptance of applica- tions for General Plan amendments. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, opposed a blanket moratorium and suggested more flexi- bility in the ordinance. MOTION On motion by Council Member Hall, seconded by Council Hearing Set Member Wheeler, and carried 5-0, this item was set for public hearing on September 16, 1985, at 6:30 p.m. Accessory Item 6 on the Consent Calendar was presented: Set a Apartments public hearing for an ordinance concerning accessory apartments in single-family dwellings. Environmental Determination: Exempt. Sid Soffer, 900 Arbor Street, Costa Mesa, asked ques- tions concerning the accessory units. The Development Services Director responded that the proposed ordinance requires that one unit be owner -occupied and suggested that Mr. Soffer obtain a copy of the draft document from his office. MOTION On motion by Council Member Hall, seconded by Council Hearing Set Member Wheeler, and carried 5-0, this item was set for public hearing on September 16, 1985, at 6:30 p.m. Del Mar Avenue Items 12(b) and 12(c) on the Consent Calendar, both Widening concerning the Del Mar Avenue widening, were presented: Agreement/Bein 12(b) - Agreement with Robert Bein, William Frost and and Frost Associates, 1401 Quail Street, Newport Beach, in the amount of $53,800.00, to prepare Environmental Docu- mentation and Alternatives Analysis; Agreement/County 12(c) - Agreement with the County of Orange, Environ - of Orange mental Management Agency, Post Office Box 4048, Santa Ana, for reimbursement to the City of 25 percent of the cost to prepare an Environmental Impact Report (EIR). Cost of preparation is $53,800.00 and includes unincorporated portions of Del Mar Avenue. Council Member Wheeler stated that if the City does not intend to widen Del Mar Avenue, it would be a waste of money to prepare an EIR. The Public Services Director pointed out that a Precise Plan of Alignment has been approved, and recommended that preparation of an EIR be approved since the study will be necessary regardless of Council's final decision for Del Mar Avenue. Council Member Schafer favored the environmental study, stating that the Del Mar Avenue project has been held in abeyance long enough. MOTION Council Member Hall agreed that an EIR should be pre - Agreements pared and made a motion to approve the agreements as Approved presented. The motion was seconded by Council Member Schafer. Council Member Wheeler made a substitute motion, seconded by Vice Mayor Hornbuckle, to rescind the adopted alignment for Del Mar Avenue and to request the County of Orange to change the alignment on the Master Plan of Arterial Highways. In response to questions from Vice Mayor Hornbuckle, the Assistant City Attorney expressed the opinion that if property values are depressed because of the City's delay in making a decision for Del Mar Avenue, the court could require payment of damages if the City attempts to condemn the properties. She also mentioned that another dilemma exists in that staff cannot grant variances under the present circumstances. The Public Services Director advised the Council that if the precise alignment is rescinded, a public hearing would be required. In view of this information, Council Member Wheeler amended his motion to set a public hearing at the earliest possible date to rescind the adopted align- ment, and to request the County to change the Master Plan of Arterial Highways. The amended motion was seconded by Vice Mayor Hornbuckle. The Public Services Director explained that even if the above action is taken, in order to change the 340 Master Plan of Arterial Highways, an EIR must be pre- pared. It was the Director's opinion that nothing would be gained by the proposed action because a study still would be needed for Del Mar Avenue between Newport Boulevard and Irvine Avenue. Both the Public Services Director and the City Manager agreed that the proposed rescission of the adopted alignment and change to the Master Plan of Arterial Highways would only,delay the necessary environmental study, and thereafter Vice Mayor Hornbuckle withdrew her second to the amended substitute motion. Mayor Hertzog called for the vote on the original motion to approve the agreements with Robert Bein, William Frost and Associates and with the County of Orange. 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 The Clerk presented from the meeting of August 19, 1985, Hickok Claim the claim from Shelley Hickok. On motion by Council Member Wheeler, seconded by Council Member Hall, authorization was given to pay the claim as presented. 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 Bunasawa Appeal/ The Clerk presented a request from the Development Transition Zone Services Director for clarification of the Council's action on February 4, 1985, regarding the Bunasawa property, 880 West 19th Street, located in the Trans- ition Zone. The Development Services Director referred to his memorandum of August 28, 1985, and the verbatim trans- cript frau the Council meeting of February 4, 1985. It clearly appears that Council denied the appeal and indicated there must be a mixture of residential and commercial use on the property. It is less clear whether or not the Council required the garage to be restored to its original condition. Mr. Bunasawa has converted the house, and the garage has been remodeled and made a part of the main struc- ture. .As a result, staff has taken the position that a business license cannot be issued until these matters are resolved. To issue a business license for a totally commercial use would be to grant a rezone to commercial, and/or to grant the appeal previously denied by the Council. Staff's memorandum further states that the main struc- ture contains bathroom facilities, an area with a kitchen sink, spaces where a refrigerator and a stove could be placed, and roan where sleeping quarters could be placed. Staff's question is: Does this constitute the mixed Ccomercial/Residential use required by the Council motion on February 4, 1985? The garage has been converted for use by the business. The R1 zone requires a two -car (20 feet by 20 feet) garage. There are numerous parking spaces available on the site but none meet the technical requirement for an enclosed garage. A large storage building was constructed at the rear of the property; garage doors are on the building; however, the maximum depth of the structure is 12 feet, 6 inches (inside dimension). There are two questions from staff. Does the on-site parking provided by Mr. Bunasawa comply with the intent of the Council motion made at the February 4, 1985, meeting? Should a variance be required? Council Member Wheeler indicated that as maker of the motion at the meeting of February 4, 1985,it was his intent that the property shall be for mixed uses, and that the entire property was not to be used for ccmmer- cial activities. In addition, he stated it was his intent that R1 standards be met and that a two -car garage be located on the property. Vice Mayor Horn - buckle stated that this was her understanding of the motion. Sid Soffer, 900 Arbor Street, Costa Mesa, authorized agent for Mr. Bunasawa, asked for a legal opinion as to whether or not the Council has the right to make stipu- lations for an application when the ordinance is silent. The,Assistant City Attorney responded that the subject property is in an R1 zone, not in a mixed-use area. As long as that R1 zoning remains, the R1 standards apply. She further commented that the Transition Zone allows certain uses in an R1 zone, and that the development standards are contained in the zoning ordinance. Further discussion ensued, and Mr. Soffer insisted that the subject area is no longer an R1 zone. Mr. Bunasawa was present and gave a detailed history of his attempt to improve the property. He mentioned that there is sufficient parking space available on the property, therefore, a two -car garage is not necessary. The Development Services Director agreed that the ordi- nance for the Transition Zone is ambiguous and that is the reason he has requested Council to clarify this policy matter. Patrick Dolan, 923 West 20th Street, Costa Mesa, spoke against the entire property being converted to commer- cial use. Mr. Soffer spoke again and commented that there are several properties in the Transition Zone which do not have garages. Vice Mayor Hornbuckle referred to the communication from the City Clerk's office to Mr. Bunasawa which states that at the meeting of February 4, 1985, his request to convert his entire property was denied. She ccacmented that the communication was clearly worded as to what action the Council had taken. Council Member Hall read Costa Mesa Municipal Code Section 13-322, Uses Permitted in Transitional Areas. He stated that the Code does not indicate the percent- age of the property that may be converted, nor does it mention the zoning standards. Council Member Hall was of the opinion that the improvements made by Mr. Bunasawa are beneficial to the surrounding area. Council Member Hall made a motion, seconded by Mayor Hertzog, granting a business license to Mr. Bunasawa for 880 West 19th Street, and if after staff has completed 2 their study of West 19th Street it is determined that a 20 -foot by 20 -foot garage is required, then adding the garage shall become a condition of this approval and Mr. Bunasawa shall be required to comply. In response to Council Member Wheeler's question, the Assistant City Attorney stated that if the Council allows the property to be entirely commercial, it would become;necessary to process a General Plan Amendment and rezone, or process a Specific Plan governing the transi- tion from residential to commercial for the entire area. Council Member Schafer expressed her opposition to the motion and felt no changes should be made in the Transi- tion Area until after the study has been completed. Vice Mayor Hornbuckle commented that Mr. Bunasawa was notified that the garage was not to be converted and he did so without permits. The motion to allow commercial use for the entire prop- erty at 880 West 19th Street failed to carry 3-2, Council Members Hornbuckle, Schafer, and Wheeler voting no. MOTION Council Member Wheeler moved that it was the intent of Denied Commercial this Council to require both ccmmrcial and residential Use for Entire uses on the Bunasawa property, the on-site parking Bunasawa Property provided does not comply with the intent of the Council motion, and a variance would be required if the property is to remain in its present state. During discussion, Council Member Wheeler further clari- fied his motion by stating that if someone resides on the site, Mr. Bunasawa can also conduct a commercial venture; the entire property cannot be utilized for commercial use; and unless a variance is granted, Mr. Bonasawa shall either restore the existing garage or build a new garage which conforms to Rl standards. The motion was seconded by Vice Mayor Hornbuckle, and carried 4-1, Council.Member Hall voting no. RECESS The Mayor declared a recess at 8:15 p.m., and the meet- ing reconvened at 8:25 p.m. WARRANTS On motion by Vice Mayor Hornbuckle, seconded by Council Member.Wheeler, Warrant Resolution 1296, including Pay - MOTION roll 8517, was approved by the following roll call vote: Warrant 1296 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Approved Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer, Hall MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Warrant 1297 Member Wheeler, Warrant Resolution 1297, was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer, Hall Schafer and Council Members Schafer and Hall returned to the Council Hall Return Chambers at this time. PUBLIC HEARING The Clerk announced the public hearing, continued from SP -85-01 the meetings of June 3 and June 17, 1985, for Specific Plan SP -85-01, for future development of property bor- dered by Newport Boulevard, East 16th Street, Orange Avenue, and East 17th Street, excluding the Von's Shop- ping Center. J The Senior Planner did not make a lengthy presentation since the Council has had previous meetings at which they discussed the Specific Plan. He reviewed the two- page report which was distributed to the Council earlier in the evening. It details the various alternatives for Council consideration. There being no speakers, the Mayor closed the public hearing. Council then proceeded to take action on the alternatives contained in staff's report. MOTION Item 1 Adopted by On motion by Council Member Wheeler, seconded by Vice Adopting Negative Mayor Hornbuckle, and carried 5-0, Item 1, the Negative Declaration Declaration of Environmental Impact was adopted. MOTION A motion was made by Council Member Schafer, seconded Item 2b Adopted; by Council Member Wheeler, to adopt Item 2b, authorizing Authorized Rezone the rezone of existing C2 properties to CL, excluding from C2 to CL trailer parks. The motion carried 4-1, Council Member Hall voting no. Council Member Wheeler made a motion to adopt Item 3a, retain the R2 designation for existing R2 properties on a long -tern basis and change the General Plan for R2 parcels to Medium Density -Residential. The motion died for lack of a second. MOTION Council Member Schafer made a motion to adopt Item 3b, Item 3b Adopted; excluding trailer park sites, authorizing existing R2 R2 Zones to Remain zoning to be retained on a short-term basis and that on Short -tern these parcels shall be rezoned to commercial use per the Basis criteria listed under Item 5b. The motion was seconded by Vice Mayor Hornbuckle, and carried 4-1, Council Member Wheeler voting no. MOTION - In connection with Item 4, Council Member Wheeler made Item 4: Staff a motion, seconded by Vice Mayor Hornbuckle, directing Directed to Prepare staff to establish a new mobile home/trailer park zon- Report for Mobile ing category. After brief discussion, Council Member Home/Trailer Park Wheeler amended his motion by directing staff to Zoning Category investigate a new mobile home/trailer park zoning category, setting forth alternatives for such a cate- gory, and to report back to Council as soon as possi- ble. The amended motion was seconded by Vice Mayor Hornbuckle, and carried 5-0. MOTION On motion by Council Member Wheeler, seconded by Vice Item 5a Adopted; Mayor Hornbuckle, and carried 5-0, Item 5a was adopted Criteria by authorizing the rezone of CL properties to Cl if the Established for parcels are 18,000 square feet with 150 feet of street Rezoning of frontage, and if there is access to 16th or 17th CL Parcels Streets; or, CL properties may be rezoned to PDC if all parcels south or north of the trailer parks are com- bined, there is access to 16th or 17th Streets, and a Preliminary Development Plan is submitted with the rezone application. MOTION On motion by Council Member Hall, seconded by Council Item 5b Adopted; Member Schafer, Item 5b was adopted establishing the Criteria following criteria for existing R2 properties: Permit Established for rezone to AP if the parcel size is 18,000 square feet; Rezoning of R2 permit rezone to Cl if parcels are ccmbined with exist- xistParcels Parcels ing C2 properties and meet the criteria under Item 5a; permit rezone to PDC if parcels are combined with exist- xisting ingC2 properties and meet criteria under Item 5a. The motion carried 4-1, Council Member Wheeler voting no. MOTION On motion by Council Member Hall, seconded by Vice Mayor No Action Taken Hornbuckle, and carried 5-0, Council decided not to take for Item 5c action on Item 5c, Trailer Park Sites. 34 MOTION Council Member Hall made a motion to adopt Item 6a, No Action Taken allowing a building height equal to 1/2 the setback from on Item 6 residential property as the building height standard in the PDC zone. After brief discussion, Council Member Wheeler made a substitute motion, seconded by Council Member Hall, and carried 5-0, not to take action on Item 6, Building Height Standards for the PDC Zone. MOTION On motion by Council Member Wheeler, seconded by Council Item 7b Adopted Member'Hall, and carried 5-0, Item 7b was adopted: No building intensity standards will be adopted for the PDC zone, and Council will rely on present standards for setbacks, height limits, and parking requirements. MOTION On motion by Council Member Wheeler, seconded by Vice Item 8a Adopted Mayor Hornbuckle, and carried 5-0, Item 8a was adopted: Apply additional development standards to commercial developments adjacent to trailer parks by requiring eight -foot high block walls, landscaping, and building orientation (such as, windows not directly facing the trailer parks, and investigating shade and shadow impacts). MOTION On motion by Council Member Wheeler, seconded by Council No Action Taken Member Schafer, and carried 5-0, no action will be taken on Item 9 on Item 9, Requirements for Conversion of Trailer Parks, until after the mobile hone/trailer park study has been prepared. MOTION On motion by Council Member Schafer, seconded by Vice Resolution 85-83 Mayor Hornbuckle, Resolution 85-83, being A RESOLUTION Adopted OF THE,CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ADOPTING SPECIFIC PLAN SP -85-01 FOR PROPERTY BORDERED BY EAST 16TH STREET, NEWPORT BOULEVARD, EAST 17TH STREET, AND ORANGE AVENUE, EXCLUDING PROPERTIES AT 175-195 EAST 17TH STREET AND 1683-87 ORANGE AVENUE, incorporating the motions taken on each of the alterna- tives, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Council Member Wheeler cmuented that he could not support the motion because of the eventual rezoning of the R2 properties. Public Hearing Mayor Hertzog announced that the next public hearing Taken Out of Order was being taken out of order because of the many people in the audience who were present concerning the proposed abandonment of Club House Road and Club House Circle. PUBLIC HEARING The Clerk announced the public hearing to consider the Abandonment of abandonment of a portion of Club House Read and all of Club House Road Club House Circle. The Affidavit of Publication is on and Club House file in the Clerk's office, and the property was posted Circle as required by law. A cammunication has been received from 57 residents of the Country Club Villas, Post Office Box 1814, Costa Mesa, opposing the abandonment of the streets. Council Members Hertzog, Schafer, Hall, and Wheeler indicated that they were opposed to the abandonment. Ken Olsen, 3067 Club House Circle, Costa Mesa, representing the residents of the Country Club Villas, thanked all of his neighbors who were in attendance, and thanked the Council for the indication that they will not abandon the streets. 3115 There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council .Abandonment Member Wheeler, and carried 5-0, the abandonment of Denied Club House Circle and Club House Road was denied. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of PA -85-144 appeal of the Planning Cmmission's denial of Planning Guthrie Action PA -85-144 fram William D. Guthrie, 920 West Ccomonwealth Avenue, Fullerton, for a Conditional Use Permit to allow retail gasoline sales in conjunction with an existing truck rental business at 2680 Newport Boulevard in a C2 zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. Staff's memorandum of August 28, 1985, states that the application was denied based on findings that the dis- play of price signs, as required by the State, could increase customer traffic to the site without provid- ing for appropriate on- and off-site circulation for a gasoline station use. Also, the on-site circulation system does not appear to be conducive to a gasoline station use since the pumps are not easily accessible from the street. Staff noted that the ingress/egress driveways appear to be the reverse of a normal situa- tion. On occasion, the signs identifying the entrance and exit have been observed to be blocked from view. In conclusion, the memorandum states that although this type of use could provide additional service to the existing U -Haul customers, staff reccmmends that the increased customer traffic to the site could worsen an already poor ingress/egress situation. While answering questions from the Council, the Develop- ment Services Director commented that if the application is denied, the existing gas pumps will remain for the applicant's own use. Mr. Guthrie was present and spoke in support of his request. He reported that there have been no traffic circulation problems during the week. He offered to change the ingress/egress signs and indicated willing- ness to work with the City regarding the gasoline price signs. While answering questions from the Council, Mr. Guthrie stated that the driveways were approximately 30 to 33 feet wide and could accommodate two vehicles. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the Conditional Use Permit. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hall, seconded by PA -85-144 Vice Mayor Hornbuckle, approving Planning Action Approved PA -85-144 subject to all conditions contained in the Staff Report, adding another condition that both drive- ways shall be striped to indicate two lanes of traffic, one lane in each direction, and that the entrance and exit signs shall be removed. During further discussion, Council Member Hall amended his motion three times by adding the following modifi- cations: (1) Add findings of approval that the Initial Study of Environmental Impact states that the proposed 346 gasoline service will consist of only three pumps, and the limited nature of the use shall not cause substantial additional traffic to the site; no special provisions are being provided to this application in deference to any other site location; gasoline sales are secondary to the U -Haul use; the Initial Study and the Nega- tive Declaration adequately consider the environ- mental impacts of the project. (2) Adopt the Negative Declaration of Environmental Impact. (3) Change the first sentence under Condition No. 3 to read, "Approval shall be for a period of six months". Council Members Schafer and Wheeler indicated disagree- ment with the findings and supported the Planning Commission's decision to deny the request. The motion, as amended, was seconded by Vice Mayor Hornbuckle, and carried 3-2, Council Members Schafer and Wheeler voting no. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of PA -85-147 appeal of the Planning Comnission's denial of Planning Johnson Action'PA-85-147 from Gary Richard Johnson, 268 Flower Street, Costa Mesa,,for variances from rear yard set- back etback and from provisions of the Nonconforming Use Ordinance, to legalize an addition to a nonconforming second unit at the above address in an R1 zone. Envirornmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A communication has been received from the appellant requesting that the public hearing be continued for two weeks. MOTION On motion by Council Member Hall, seconded by Council Held Over Member Schafer, and carried 5-0, this item was continued to September 16, 1985. NEW BUSINESS The Clerk presented the revised Joint Powers Agreement Thoroughfare and for the Orange County Transportation Commission's Major Bridge Fee Thoroughfare and Bridge Fee Program. Program Council Member Wheeler made a motion to continue this item to the first week in February, 1986, the rationale being that the City of Irvine should act prior to action by this Council since Irvine is the major participant. After brief discussion, Council Member Wheeler amended his motion to continue this item to January 6, 1986. The amended motion was seconded by Council Member Schafer, and further discussion ensued.' MOTION A substitute motion was made by Council Member Hall, Held Over seconded by Council Member Schafer, and carried 5-0, to schedule the Fee Program for discussion 30 days after action by the City of Irvine. COUNCILMANIC COMMENTS A motion was made by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, directing staff to prepare MOTION a draft ordinance for Council discussion which would Staff Directed to raise the fine for infractions to a maximum of Prepare Ordinance $1,000.00. After brief discussion, Council Member Regarding Fines Wheeler amended his motion by adding that staff shall for Infractions survey all orange County cities to obtain the amount of those cities' maximum fines for infractions. The amended motion was seconded by Vice Mayor Hornbuckle, and carried 5-0. 1 347 Day Care Committee Council Member Wheeler reported that the Day Care Survey Committee is ready.to go forward with the survey of providers in the City. MOTION Council Member Wheeler made a motion to utilize City Funds Authorized Council General Funds, in a maximum amount of $50.00, for Survey to print and mail the survey. The motion was seconded by Vice Mayor Hornbuckle, and carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Request to Attend Council Member Wheeler stated that he would like to Ames Race Workshop attend a workshop on September 18, 1985, which will address the economic affects of the arms race at a local level. Council Member. Wheeler summarized the agenda for that forum, a copy of which was distributed to the Council. Council Member Wheeler requested approval for the expenditure of $150.00 of City funds so that he could attend the workshop. MOTION After discussion, a motion was made by Council Member Request Denied Hall, seconded by Council Member Schafer, to deny the request. The motion carried 3-2, Hornbuckle and Wheeler voting no. Jim Gannon Council Member Hall mentioned the letter of resignation Commended which all Council Members received from Jim Garmon, Cultural Arts Committee member. At the suggestion of Council Member Hall, the Mayor agreed to send a letter cammending Mr. Gammon for his excellent work while serving on the committee. Closure of Costa Council Member Schafer reported that she received a Mesa Social letter from the Orange County Central Labor Council Security Office which states that the President has decided to close 770 Social Security offices, one of which is the Costa Mesa branch. MOTION Council Member Schafer made a motion, seconded by Coun- Letter Authorized cil Member Wheeler, requesting the Mayor to send a Opposing Closure letter indicating that the Council opposes the closure of Costa Mesa of the Costa Mesa Social Security office. Brief dis- Social Security cussion ensued, and thereafter Council Member Schafer Office amended her motion, seconded by Council Member Wheeler, stipulating that the -letter shall be sent to the President of the United States, Senators Wilson and Cranston, and Congressman Robert Badham. The motion carried 5-0. Orange County Vice Mayor Hornbuckle reported that she will be attend - Transportation. ing the 2001 second forum being sponsored by the Orange Commission Forum County Transportation Camnission. The date of the meeting is September 21, 1985. Council Members Hertzog and Schafer indicated that they intended to be present also. Beekeeping In response to an inquiry fran Vice Mayor Hornbuckle concerning a report on beekeeping within the City, the Assistant City Manager advised that the present animal control ordinance is being re-written,'and..beekeeping will be addressed in that draft document.- Swan ocument.Swan Drive Mayor Hertzog reported that she and Council -Member Hall Closure had attended a meeting on August 29,,1985,, concerning the closure of Swan Drive at Placentia Avenue.- The meeting was scheduled so that residents impacted by the closure of Swan Drive could voice their opinions 348 for or against the project. The outcome of the meeting was that the majority of the citizens supported the closure as directed by the Council at their meeting of April 15, 1985. MOTION A motion was made by Council Member Hall, seconded by Ratified Council Member Wheeler, and carried 5-0, to ratify the Closure of Swan Council's action of April 15, 1985, authorizing the at Placentia closure of Swan Drive at Placentia Avenue. MOTION On motion by Council Member Hall, seconded by Council Directed Report Member Wheeler, the Public Services Director was Prepared for directed to prepare a report on the possibility of Resignalization allocating funds from the present budget year for at Albatross/ resignalization of the intersection of Albatross Drive Shantar and and Adams Avenue. After discussion, Council Member Adams Hall amended his motion by correcting the street names to Albatross/Shantar Drives and Adams Avenue. The amended motion was seconded by Council Member Wheeler, and carried 5-0. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Requested Study Mayor Hertzog, requesting the Traffic Cmnission to to Lower Speed investigate the possibility of lowering the speed limit Limit on Adams on Adams Avenue frcin Harbor Boulevard to the Santa Ana River. The motion carried 3-2, Council Members Wheeler and Schafer voting no. LULAC Meeting Mayor Hertzog reported that staff has not been able to Site find a meeting site for the League of United Latin American Citizens (LULAC) as requested by Dr. Juventino Lopez at the Council meeting of August 5, 1985. Mayor Hertzog stated that she will write a letter informing LULAC that a site cannot be found at this time. Council Member Wheeler suggested that the Mayor also mention to LULAC members that if their requirements for a site would be more flexible, the City may be able to accc mo - date them. City to be Mayor'Hertzog announced that the City will be recognized Recognized by by the Arts Committee of the Chamber of Commerce on Arts Committee September 4, 1985, at The Jewel Court at South Coast Plaza. She requested that the Council attend the award presentation if at all possible. Interfaith Mayor Hertzog reported that the Interfaith Breakfast Breakfast has been scheduled for October 25, 1985, at the Neigh- borhood Community Center, and that the Council will receive further information at a later date. ADJOURNMENT The Mayor declared the meeting adjourned at 10:30 p.m. Ma or of the C ty o a Mesa ATTEST: City Clerk of the City of CostFe sa