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HomeMy WebLinkAbout09/16/1985 - City Council34:9 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 16, 1985 The City Council of the City of Costa Mesa, California, met in regular session September 16, 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 Drew Boucke, Costa Mesa Nazarene Church. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council August 28 and Member Schafer, and carried 5-0, the minutes of the September 3, adjourned meetings of August 28 and September 3, 1985, 1985 and the regular meeting of September 3, 1985, were approved as distributed. ORDINANCES A motion was made by Council Member Wheeler, seconded by Council Member Hall, and carried 5-0, to read all ordinances by title only. PROCLAMATIONS Mayor Hertzog announced the following Proclamations; September 17 as International Day of Peace; September as Seat Belt Community Awareness Month; September as PTA Membership Month; September 23-29 as National Arts Week; and September and October as Orange County Special Olympics Months. ARTS AWARD The Mayor -displayed a plaque which was presented to the City by the Costa Mesa -Chamber of Commerce commending the City for its outstanding contribution to the Arts in Costa Mesa. ORAL COMMUNICATIONS Dave Leighton, 3105 Loren Lane, Costa Mesa, Board Member of the North Costa Mesa Hcmeowners Association, and Property Damage in owner of property at 1074 Redding Avenue, read a letter North Costa Mesa to the Council which indicates that sane residents in the North Costa Mesa area have been reporting structural damage to their hones and exterior areas of their prop- erties. Mr. Leighton's letter further states that after viewing sane of these properties, it appears that the nature of the extensive damage is a result of subter- ranean earth movement. Some of the damage to homes is cracks appearing in walls, corner separations of walls, doors thrown out of alignment, bathtubs pulling away from walls, tile separation, cracked exterior walls, cracked slabs, and cracked pools and decks. Mr. Leighton submitted his letter and a videotape of the damaged properties to the Clerk. MOTION Council Member Wheeler moved to adopt Urgency Ordinance Urgency ordinance 85-25, being AN ORDINANCE OF THE CITY COUNCIL OF THE 85-25 Adopted CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A MORA- TORIUM ON THE ISSUANCE OF BUILDING PERMITS IN THE AREA NORTH OF THE SAN DIEGO FREEWAY, said moratorium to be in effect until the next Council meeting. The motion was seconded by Vice Mayor Hornbuckle. 350 During discussion, Dave Leighton reported that some of the residents noticed damage to their properties about eight weeks ago. The Mayor asked how long it would take for staff to present a report to the Council. The City Manager responded that it would be necessary to employ a geolo- gist to investigate the situation and asked Council to authorize the expenditure of funds for this purpose. Dave Leighton reported that the North Costa Mesa Home- owners Association will be sending out approximately 1,500 questionnaires to residents in the area request- ing information on any damages that may be occurring on their properties. He stated that he would endeavor to have the survey completed within two weeks. After further discussion, Council Member Wheeler amended his motion to stipulate that the Council will hold a meeting on October 1, 1985, at 7:00 p.m., in the Council Chambers of City Hall, for the purpose of receiving information concerning the property damages. The amended 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 Greg Butcher, 3401 West Sunflower Avenue, Santa Ana, a developer of South Coast Plaza II, a project which is now under construction north of the 405 Freeway, asked for clarification concerning the types of building per- mits which will be affected by the moratorium. The Development Services Director also asked for clarifica- tion of the motion. MOTION Considerable discussion ensued and thereafter Council Excluded Certain Member Wheeler moved that tenant improvement, plumb - Permits from the ing, electrical, and mechanical permits shall be Moratorium excluded from the moratorium. Tenant improvements were described as improvements for existing buildings. The motion was seconded by Vice Mayor Hornbuckle, and carried 5-0. In response to a request for clarification from Council Member Hall, Council Member Wheeler stated that staff should continue the,plan check process so that when the moratorium is lifted, permits can be issued immed- iately. MOTION On motion by Council Member Hall, seconded by Council Funds Authorized Member Schafer, the City Manager was authorized to to Employ Geologist expend funds to hire a.geologist if necessary. 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 Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about same of the suggestions he has made to the Council concerning expenditure of City funds. CONSENT CALENDAR The following item was removed from the Consent Calen- dar: Item 12, agreement with A and R, in care of Arnel Development Company, and with South Coast Plaza II. On motion by Council Member Schafer, seconded by Council Member Wheeler, the ',remaining Consent Calendar items 351 were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, recommendations from Golf Course Policy Rod Sackett, 2308 La Linda Place, Costa Mesa, regarding a policy for use of the Costa Mesa Golf Course was MOTION/Referred to referred to the Leisure Services Department for a Leisure Services report. Records Destruction On motion by Council Member Schafer, seconded by Council for City Clerk Member Wheeler, Resolution 85-84, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK'S Resolution 85-84 DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- Adopted NANCE NO. 75-60, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Records Destruction On motion by Council Member Schafer, seconded by Council for Leisure Services Member Wheeler, Resolution 85-85, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AUTHORIZING RECORDS DESTRUCTION FOR THE LEISURE SERVICES Resolution 85-85 DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- Adopted NANCE NO. 75-60, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Rick Dell Granger; Attorney Berl H. Selski on behalf of Charles E. and Helen Parker; Charlotte Coats, et al; Daniel H. Rogers; Raymond 0. Vincenti; James M. and Daphne Cianciola, Euphoria Clothing Company; and Katharine Schneider. Alcoholic Alcoholic Beverage License application for which Beverage parking has been approved by the Planning staff: License Duk H. and Sang G. Lee, doing business as Minute King, 2200-02 Newport Boulevard. 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 October 21, 1985, at 6:30 p.m., in the Council Chambers of City Hall: Towing Services Request fron Harry Baddon Chevron Towing, 2700 Shannon Certificate Street, Santa Ana, for a Certificate of Public Conven- ience and Necessity to perform towing services within the City. Noise Control Ordinance amendment concerning residential noise Ordinance control. Environmental Determination: Negative Declaration. R-85-11 Rezone Petition R-85-11, James A. Grant, 119 Apolena Grant/woodmansee Avenue, Balboa Island, authorized agent for Louise L. t Woodmansee, 18312 Park View Lane, Apartinent 101, Huntington Beach, for permission to rezone property at 607 Hamilton Street from R2 to R3. Environmental Determination: Negative Declaration. EIR and ZE-81-206A Supplemental Environmental Impact Report (EIR) and Civic Center Fire Zone Exception ZE781-206A, City of Costa Mesa, for an Station amendment to the Master Plan for the Costa Mesa Civic Reconstruct Parkway Center to allow the addition of a fire station con- and Plant New Trees taining 7,100 square feet, for property at 2450 Vanguard Way in an I and R zone. ADMINISTRATIVE gutter, and sidewalk. On motion by Council Member ACTIONS Bids received for Bid Item 681, Instant Dry Traffic Line Approved Paint, are on file in the Clerk's office. On motion Bid Item 681 by Council Member Schafer, seconded by Council Member Traffic Line Paint Wheeler, the contract was awarded to Pervo Paint Company, 6624 Stanford Avenue, Los Angeles, in the MOTION amount of $7,974.01. The motion carried by the follow - Awarded to Pervo ing roll call vote: Paint AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 683 Bids received for Bid Item 683, Legal Advertisements, Legal are on file in the Clerk's office. On motion by Council Advertisements Member,Schafer, seconded by Council Member Wheeler, the contract was awarded to the Orange Coast Daily Pilot, MOTION 330 West Bay Street, Costa Mesa, for various amounts. Awarded to The motion carried by the following roll call vote: Daily Pilot AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Swan Drive Bids received for Construction of the Street Closure Closure on Swan Drive at Placentia Avenue are on file in the Clerk's office. A motion was made by Council Member MOTION Schafer, seconded by Council Member Wheeler, ratifying Ratified Award award of the contract to DeArmond Construction, 10491 to DeArmond Calabash Street, Fontana, in the amount of $5,600.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order 2 The Director of Public Services has requested approval R. J. Noble of Change Order No. 2 for $3,352.70 to the contract with R. J. Noble Company, 15505 East Lincoln Avenue, Orange, Reconstruct Parkway in conjunction with Reconstruction of Parkway and Plant - and Plant New Trees ing New Trees on Various City Streets. The change is for an increase in concrete, and installation of curb, MOTION gutter, and sidewalk. On motion by Council Member Charge Order Schafer, seconded by Council Member Wheeler, the change Approved 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 Notice of Completion Corporation Yard Modifications have been canpleted to R. G. Construction the satisfaction of the Director of Public Services by R. G. Construction Company, 1404-A South Ritchey Street, Corporation Yard Santa Ana. On motion by Council Member Schafer, sec - Modifications onded by Council Member Wheeler, the work was accepted; the Clerk was authorized to file a Notice of Ccmpletion; MOTION Council authorized release of the retention funds 35 Work Accepted days after the Notice of Completion has been filed; the 1 Labor and Material Bond was ordered exonerated 7 months after the Notice of Completion has been filed; and the Performance Bowl was ordered exonerated 12 months after the Notice of Completion has been filed. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion The 1984-85 Street Maintenance Project - Phase III R. J. Noble (Colorado Place, Michigan Avenue, and Dakota Avenue) has been completed to the satisfaction of the Director 1984-85 Street of Public Services by R. J. Noble Company, 15505 East Maintenance - Lincoln Avenue, Orange. On motion by Council Member Phase III Schafer, seconded by Council Member Wheeler, the work was accepted; the Clerk was authorized to file a Notice MOTION of Completion; Council authorized release of the reten- Wbrk Accepted tion funds 35 days after the Notice of Conpletion has been filed; the Labor and Material Bond was ordered exonerated 7 months after the Notice of Completion has been filed; and the Performance Bond was ordered exoner- ated 12 months after the Notice of Completion has been filed. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Reconstruction of Parkway and Planting New Trees on R. J. Noble Various City Streets has been completed to the satis- faction of the Director of Public Services by R. J. Reconstruct Parkway Noble Company, 15505 East Lincoln Avenue, Orange. On and Plant New Trees motion by Council Member Schafer, seconded by Council Member Wheeler, the work was accepted; the Clerk was MOTION authorized to file a Notice of Completion; Council Work Accepted authorized release of the retention funds 35 days after the Notice of Completion has been filed; the Labor and Material Bond was ordered exonerated 7 months after the Notice of Completion has been filed; and the Performance Bond was ordered exonerated 12 months after the Notice of Completion has been filed. 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 Advance On motion by Council Member Schafer, seconded by.Council Member Wheeler, a Conference Advance for $1,028.00, for MOTION a police officer to attend the Narcotics Investigation Advance Approved Course in Sacramento, October 6-18, 1985, 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 with Item 12 on the Consent Calendar was presented: an A & R and with agreement between the City, A & R, in care of Arnel South Coast Plaza II Development Company, 505 North Tustin Boulevard, Santa Ana, and South Coast Plaza II, in care of Gregory L. South Coast Drive Butcher, 3401 West Sunflower Avenue, Suite 250, Santa Storm Drain Ana, for construction of the South Coast Drive Storm Drain. The estimated cost to the City will be $325,000.00. Council Member Wheeler made a motion to continue this item to October 21, 1985, so that staff could submit a 35 report as to why the City is paying this amount of money instead of the developers. The motion was seconded by Vice Mayor Hornbuckle. The Director of Public Services had recommended approval of the agreement, reporting that when the Master Plan of Drainage Update Study was done approximately 18 months,ago, the engineers found that a portion of the existing storm drain is inadequate in that it will not handle a standard 25 -year storm. The storm drain will accept drainage from. the tract north of South Coast Drive, portions of the Sunflower Avenue/Bear Street area, and the apartment.complex at the northwest corner of Sunflower Avenue and Bear Street. When the Arnel and Plaza II projects were approved, Arnel agreed to pay for the work they would have done had there not been a storm drain, and Plaza II agreed to pay for all of the design.of the storm drain project. The Director also mentioned that both developers have paid their fair share of the drainage fee which is $1,000.00 per acre. Council Member- Wheeler commented that to approve the agreement would constitute a subsidy of City funds. The motion to continue this item failed to carry 3-2, Council Members Hertzog, Schafer, and Hall voting no. Change of Taxicab The Clerk presented from the meeting of August 19, 1985, Rates/Orange Coast a request from Coast Yellow Cab Cooperative, Incorpor- Yellow Cab ated, doing business as Orange Coast Yellow Cab, 17300 Mount Herrmann Street, Fountain Valley, for a change in taxicab rates. The Director of Finance has requested that this item be continued for 30 days because he has not received suit- able uitable financial information from the applicant. MOTION On motion by Council Member Hall, seconded by Council Held Over Member Wheeler, and'carried 5-0, the request was con- tinued to the meeting of October 21, 1985. Addition to Fair The Clerk presented a request frcxn Mary Kline, 2507 Drive Block Wall Lehigh Place, Costa Mesa, for additional block wall construction along Fair Drive. Based on the original concept to upgrade and beautify Fair Drive, the Leisure Services Director recommended that the City participate with Ms. Kline to install a block wall along heir property on Fair Drive in accord- ance with City plans and specifications. on motion by Council Member Hall, seconded by Council MOTION Member,Schafer, the agreement was approved, and the Agreement Mayor and Clerk were authorized to sign on behalf of Approved the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Schafer, Hall NOES: COUNCIL MEMBERS: Hornbuckle, Wheeler ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented,from the meeting of July 15, 1985, Business Permit a request from the Iran Relief Fund, Incorporated, 2007 for Iran Relief Wilshire Boulevard, -Suite 213, Los Angeles, for permis- Fund sion to solicit funds through November 20, 1985. The applicant was not present. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Permit Denied Member Schafer, and carried 5-0, the permit was denied. Change of Taxicab The Clerk presented from the meeting of August 19, 1985, Rates/Orange Coast a request from Coast Yellow Cab Cooperative, Incorpor- Yellow Cab ated, doing business as Orange Coast Yellow Cab, 17300 Mount Herrmann Street, Fountain Valley, for a change in taxicab rates. The Director of Finance has requested that this item be continued for 30 days because he has not received suit- able uitable financial information from the applicant. MOTION On motion by Council Member Hall, seconded by Council Held Over Member Wheeler, and'carried 5-0, the request was con- tinued to the meeting of October 21, 1985. Addition to Fair The Clerk presented a request frcxn Mary Kline, 2507 Drive Block Wall Lehigh Place, Costa Mesa, for additional block wall construction along Fair Drive. Based on the original concept to upgrade and beautify Fair Drive, the Leisure Services Director recommended that the City participate with Ms. Kline to install a block wall along heir property on Fair Drive in accord- ance with City plans and specifications. .355 The City Manager explained that the former owner of the Kline property declined the City's offer to participate with the property owners to install block walls along Fair Drive. He supported the recommendation of staff. Vice Mayor Hornbuckle suggested that staff contact those property owners who did not take part in the program previously to find out if they would care to participate at this time. MOTION On motion by Council Member Hall, seconded by Council Wall Construction Member Schafer, the request to construct the block wall Approved along Fair Drive was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WARRANT On motion by Vice Mayor Hornbuckle, seconded by Council Member Schafer, Warrant Resolution 1298, including,Pay- MOTION roll 8518, was approved by the following roll call vote: Warrant 1298 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Approved Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY The City Attorney requested a closed session to discuss REPORTS the following lawsuits: Closed Session Montgomery vs. M. D. Janes Ccampany and the City of Scheduled to Costa Mesa; and Discuss Pending Litigation Soffer vs. City of Costa Mesa (II). The Mayor responded that a closed session will be held at the end of regular Agenda business. Council Procedures The City Attorney presented a draft ordinance concern- and oncernand Claims against ing City Council Procedures, claim filing requirements, the City and increasing the maximum amount for City fines. The changes reaffirm that the Roberts Rules of Order are adopted as guidelines to expedite the conducting of meetings. The ordinance clarifies the rules of conduct at public hearings by members of the audience and others. The general provisions for filing of claims against the City are modified to insure that all claimants comply with the claim filing provisions to the extent legally permissible. Finally, the maximum fines for violating City ordinances are increased to the maximum permitted by State law. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Ordinance 85-26 Council Member Hall, to give first reading to Ordinance Given First 85-26, being AN ORDINANCE OF THE CITY COUNCIL OF THE Reading CITY OF COSTA MESA RELATING TO CITY COUNCIL PROCEDURES, CITY FINES, AND CLAIMS AGAINST THE CITY FOR MONEY OR DAMAGES. Council Member Wheeler made a substitute motion to give first reading to the ordinance except for Section 2-48, Order of Business. The motion died for lack of a second. Council Member Wheeler was opposed to that portion of Section 2-48, Item (2) Invocation. He stated that he did not object to beginning with a prayer but felt it did not need to be the law of the City. Vice Mayor Hornbuckle responded that the Council is voting on the order of business, and the invocation does not reflect any particular religion. 356 The motion to give first reading to Ordinance 85-26 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 the public hearing, continued from EIR/GP-85-2B/ the meeting of August 5, 1985, to rehear the following PA-85-103/Bond items for Ocean Development Company, 2915 Red Hill Financing Avenue, Suite F-200, Costa Mesa, authorized agent for Ocean Development - Barto/Tarnutzer - Venture I, for property located at Barto/Tarnutzer the western tenninus of West 18th Street in a PDR -MD zone: Environmental Impact Report. General Plan Amendment GP -85-2B, for an amendment to the Master Plan of Highways by deleting the future extension of West 18th Street. Planning Action PA -85-103, for a Final Development Plan for a 160 -unit condominium project on 11 acres, in conjunction with an existing oil field and a vari- ance from private open space requirements. Bond financing. A communication has been received frcrn Susan M. Bemis, Ocean Development Company, Incorporated, requesting that the items for Barto/Tarnutzer be discussed at a Study Session prior to Council action. A communication has been received fron George M. Lesley, President of the Ocean View Park Hameowners Association, 1874 Parkcrest Drive, requesting that the public hear- ings be continued so that the homeowners can fully consider the aspects of the project. The Council Members agreed that action would be taken at this meeting.. The Development Services Director reviewed staff's memorandum of September 12, 1985, which contains the additional information Council requested concerning traffic and noise and visual impacts. At the adjourned Council meeting of August 28, 1985, Mr. E. R. Wilkinson from the State Division of Oil and Gas, provided information on the oil production process and related safety issues. Staff has recommended certification of the Environmental Impact Report (EIR) and approval of General Plan Amend- ment GP -85-2B which would delete the extension of West 18th Street fron the Master Plan of Highways regardless of what action is taken on the project. Staff is of the opinion that deletion of West 18th Street extension is consistent with the idea of maintaining that street as a commuter street. Staff's memorandum also suggests three options for Council consideration: 1. Approve the project.and allow oil operations to continue. 2. Deny the project and allow oil operations to continue. 3. Approve the project subject to removal of the oil wells. 357 SusanBemis, Ocean Develognent Ccmpany, Incorporated, expressed agreement with staff's reccomendations con- cerning the EIR and General Plan Amendment GP -85-2B; however, she announced that the applicant is withdraw- ing Planning Action PA -85-103 for the 160 -unit condo- minium project and for bond financing. Jim Navai, 1857 Parkview Circle, thanked the Council for the time they spent listening to the concerns of the residents impacted by the project. Pat Dolan, 923 West 20th Street, stated that too many multi -family projects were being approved on the City's west side. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Vice Mayor EIR Certified Hornbuckle, and carried 5-0, the Environmental Impact Report was certified as being adequate and accurate, and as having been completed in canpliance with the California Environmental Quality Act (CEQA); and that the information contained in the EIR was reviewed by the City Council prior to consideration of the associated project. MOTION On motion by Council Member Hall, seconded by Vice Mayor Resolution 85-86 Hornbuckle, Resolution 85-86, being A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -85-2B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA BY DELETING THE FUTURE EXTENSION OF WEST 18TH STREET FROM THE MASTER PLAN OF HIGHWAYS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Hall, seconded by Council PA -85-103 and Member Wheeler, and carried 5-0, Council accepted the Bond Financing applicant's withdrawal of Planning Action PA -85-103 and Withdrawn the bond financing. RECESS The Mayor declared a recess at 8:00 p.m., and the meet- ing reconvened at 8:15 p.m. PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of PA -85-147 the meeting of September 3, 1985, to consider an appeal Johnson of the Planning Commission's denial of Planning Action PA -85-147 frcxn Gary Richard Johnson, 268 Flower Street, Costa Mesa, for variances from rear yard setback and from provisions of the Nonconforming Use Ordinance, to legalize an addition to a nonconforming second unit at the above address in an Rl zone. Environmental Deter- mination: Exempt. The Development Services Director summarized the Staff Report, and staff's memoranda dated September 12 and September 16, 1985. The property and a large portion of the east side was originally zoned for multiple - family develognent; however, the area was rezoned to R1 by the City in the early 1960s. Because of the rezone, many parcels have existing, legal nonconforming dwelling units. The recent change to the Nonconforming Use Ordinance allows certain improvements and additions to be made to upgrade existing structures if the new additions meet all applicable development standards. 358 Staff is of the opinion that the extent of the addition and the potential for conversion of the addition to a third unit greatly exceeds the allowances of the new ordinance. The appellant, Gary Johnson, was present and thanked the Council for taking the time to view his property. He answered questions from the Council and explained that additions had been made to the site prior to his pur- chasing the property. Mr. Johnson stated that he must care for his elderly father who will be occupying the new addition, and that he has a tenant now living in the existing accessory unit. Mr. Johnson submitted a peti- tion signed by 21 residents in the area supporting his request. In response to a question from Council Member Wheeler, Mr. Johnson admitted that he sought permission from the City to build the addition and permission was denied. He stated that he built the addition anyway. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the application. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hall, seconded by PA -85-147 Vice Mayor Hornbuckle, to approve Planning Action Approved PA -85-147 based on the following findings: (1) The records seem unclear at the present time as to the history of the permitted units on the property. (2)- The addition adds only 74 square feet to the patio which previously occupied the rear yard, for a total,of 500 square feet, and this area is less than the 640 square feet usually recce mended for granny flats. (3) The lot size, being 1-1/2 lots in this case, makes the property more conforming than others in the general area. (4) The open space is more than appears to exist on other properties in the same general area. (5) The general area has many multiple units already in existence. (6) The immediate neighbors of the subject property, through a petition, have indicated that they are in agreement with the addition. (7) The unit has been built to create more architec- tural cempatability with the main house than previously existed with the patio. (8) In essence, a site hardship exists because of the primary house being built so far from the front setback it necessitated either building,, in the front setback and eliminating the land- scaping, or occupying the site of the previous patio. (9) The addition is similar to a remodel which is basically a room addition only. (10) The alley fulfills the reason for the lack of , rear yard setback. 359 Council Member Wheeler stated that some of the findings are incorrect and that to approve the application will result in high density on the east side. Vice Mayor Hornbuckle mentioned that approval should be subject to conditions contained in the Staff Report. Mayor Hertzog recommended that no kitchen unit should be allowed in the new addition. Council Member Hall amended his motion, seconded by Vice Mayor Hornbuckle, by adding that approval is subject to the conditions contained in the Staff Report; with the addition of Condition No. 10: No kitchen nor wet bar shall be installed in the additional unit. Council Member Hall made a motion, seconded by Vice Mayor Hornbuckle, to call for the question on his motion as amended. The motion carried 4-1, Council Member Wheeler voting no. The amended motion to approve Planning Action PA -85-147 carried 4-1, Council Member Wheeler voting no. PUBLIC HEARING The Clerk announced that this was the time and place set Fortunetelling for the public hearing for an ordinance adding fortune- telling as a permitted use in the Cl and C2 zones and deleting prohibition of fortunetelling. The Affidavit of Publication is on file in the Clerk's office. No ccaimunications have been received. The Development Services Director reported that in September of 1984, the City Council adopted an urgency ordinance placing a moratorium on the establishment of fortunetelling businesses in the City. Within the last few weeks, the State Supreme Court ruled that a City cannot prohibit all fortunetelling businesses from operating within its borders. As a result, the City must provide for these types of businesses to be allowed either as permitted or conditional uses in some or all areas of the City. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that the proposed ordinance be adopted as an urgency ordi- nance, thereby making it effective immediately. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council Ordinance 85-27 Member Wheeler, Ordinance 85-27, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading ADDING FORTUNETELLING AS A PERMITTED USE IN THE C1 AND C2 ZONES AND DELETING PROHIBITIONS AGAINST FORTUNETELL- ING, 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 set Moratorium for for the public hearing to consider an extension of an General Plan interim ordinance establishing a moratorium on the Amendments acceptance of applications for General Plan amendments. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. iso MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Urgency Ordinance Member Wheeler, Ordinance 85-28, being AN ORDINANCE OF 85-28 Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, EXTENDING THE EFFECT OF ORDINANCE 85-24 ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AMEND- MENTS TO THE COSTA MESA GENERAL PLAN, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Wheeler NOES: COUNCIL MEMBERS: Hall ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Accessory Apartments set for the public hearing for an ordinance concerning in Single-family accessory apartments in single-family dwellings. Dwellings Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director reviewed staff's memorandum of September 12, 1985, which states that Council directed staff to prepare an ordinance allowing accessory apartments by Minor Conditional Use Permit when the requirements of State law are met and one of the units will be occupied by the property owner. A maximum size of 800 square feet was suggested. Council indicated that parking standards be eased to allow park- ing for the accessory unit to be two uncovered spaces which may be located on the driveway if the driveway is long enough. The parking requirement for the main unit would remain an enclosed two -car garage. The Planning Commission recommended adoption of the draft ordinance with the following modifications: (1) The accessory apartment be limited to the lesser of 640 square feet in area or 40 percent of the area of the main dwelling; and (2) Tandem parking not be permitted. Council Member Schafer suggested that on the second page of the draft ordinance, Paragraph C, it should be indi- cated that the accessory unit shall be attached to the single-family dwelling. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his opinion that the ordinance would be unenforceable as to the requirement that one of the units must be occupied by the property owner. There being no other speakers, the Mayor closed the public, hearing. Discussion ensued concerning the requirement that one of the units must be occupied by the property owner. It was pointed out by staff that if it were not possible for the owner to occupy one of the units, then the owner or his representative could apply for a Conditional Use Permit. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Ordinance 85-29 Council Member Schafer, to give first reading to Ordi- Given First nance 85-29, being AN ORDINANCE OF THE CITY COUNCIL OF Reading THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING ACCESSORY APARTMENTS IN SINGLE-FAMILY DWELLINGS, with the follow- ing modifications on the second page of the ordinance: Change Paragraph A to read: Accessory apartments shall meet the criteria specified in Section 65852.2 361 of the California Government Code and the following criteria: Change the first sentence of Paragraph C to read: The accessory apartment shall be clearly a subordinate part of and attached to the single-family dwelling. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Wheeler NOES: COUNCIL MEMBERS: Hall ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Uses Conducted for the public hearing to consider an amendment to the Underroof Costa Mesa Municipal Code deleting references to section numbers and providing uniform language for sections requiring uses to be conducted underroof in commercial and industrial zones. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 85-30 Member Hall, Ordinance 85-30, beim AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading CLARIFYING WORDING IN SECTIONS PERTAINING TO CONDUCTING USES UNDERROOF, 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 COUNCILMANIC COMMENTS Council Member Wheeler expressed his appreciation to the Merchants of the Harbor Boulevard of Cars and the Arts Month South Coast Merchants Association for the banners they displayed in various sections of the City in tribute to Arts Month. Turf and Landscape Council Member Wheeler reported that he has been asked Exposition to attend a ribbon -cutting ceremony to open the 25th Annual Southern California Turf and Landscape Equipment and Materials Exposition. At Council Member Wheeler's request, the Mayor appointed him Mayor Pro Tem for October 9, 1985, for the purpose indicated above. Liability Council Member Wheeler stated that there was an article Insurance Rates in the Register Newspaper last weekend regarding liabil- ity insurance rates. He reported that the article indicates that out of approximately 40 cities, the'City MOTION of Costa Mesa seems to have received the second highest Staff Directed increase in liability insurance premiums. Council to Investigate Member Wheeler cammented that he thought that this Rates information may be in error and made a motion directing staff to investigate the reasons for the huge increase in rates. The motion was seconded by Vice Mayor Horn - buckle, and carried 5-0. Gann Limitation Council Member Wheeler spoke regarding the Gann limita- on Appropriations tion on appropriations of local government entities. MOTION Council Member Wheeler made a motion directing staff Staff Directed to prepare a plan to implement the provisions of the to Prepare Plan Gann limitation on government appropriations by to Implement reducing the City's residential property tax rates. Gann Initiative The motion was seconded by Vice Mayor Hornbuckle and discussion followed. 362 Council Member Hall commented that this matter was addressed at the Council's goal setting meeting and was to be studied by the Planning Department. Council Member Wheeler stated that the Gann limitation has been discussed at a Study Session, that Council has received voluminous amounts of materials, and projec- tions indicate that the City is exceeding the Gann limitations. He commented that the money should be returned to the people who are most impacted by the retail development which has made the tax cut possible, those people being the residents. Council Member Hall,indicated that another part of the Gann Limitation Initiative is that if the income of a government entity exceeds the limitation, then the decision of how to spend those funds should be decided by a vote of the people. He stated that the excess funds should be specifically earmarked for certain projects, such as drainage, or returned to the people, depending upon the outcome of the people's vote. Vice Mayor Hornbuckle disagreed with Council Member Hall's statement that the issue should go to a vote of the people in view of the fact that the City retains 25 percent reserve which she felt is excessive and should be used for improvement projects. Council Member Hall responded that the City has approxi- mately eight to nine million dollars invested to provide additional services to the people, such as purchase of the golf course and purchase of Fairview Regional Park. He maintained that it is essential to maintain a reserve fund for emergency purposes. Council Member Schafer felt that the Council should obtain more information and recommendations from staff before action is taken. Mayor Hertzog reported that she spoke to Mr. Gann recently and he indicated that the people should decide on how the excess funds are to be spent. Council Member Wheeler made a motion to call for the question. The motion was seconded by Vice Mayor Hornbuckle, and carried 3-2, Council Members Hertzog and Schafer voting no. The Mayor called for a vote on the original motion by Council Member Wheeler, directing staff to prepare a plan to implement the provisions of the Gann limita- tion. The motion failed to carry 3-2, Council Members Hertzog, Schafer, and Hall voting no. The City Manager commented that inasmuch as the City Council is recruiting for a new City Manager, discus- sion of the Gann Initiative should be delayed until the new administrator has had the opportunity to review the financial condition of the City and offer his professional opinion to the Council. MOTION Vice Mayor Hornbuckle presented the Senior Citizens Senior Citizens Committee Bylaws and requested Council approval. On Bylaws Approved motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, the bylaws were approved. MOTION Vice Mayor Hornbuckle announced the retirement of Betty Appointment Made Howard from the Senior Citizens Committee and recom- to Senior Citizens mended that Geraldine Speheger be appointed to replace Committee her. On motion by Vice Mayor Hornbuckle, seconded by 363 Council Member Hall, and carried 5-0, Ms. Speheger was appointed to the Senior Citizens Ccamittee. MOTION Vice Mayor Hornbuckle referred to a letter frau the Authorized Study Senior Citizens Ccmittee requesting a study to estab- for Senior Citizens lish the need for a multipurpose senior citizens center. Center On motion by by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, authorization was given to proceed with the study. ADJOURNMENT TO At 10:05 p.m., the Mayor adjourned the meeting to the CLOSED SESSION first floor Conference Room for the purpose of holding a closed session to discuss pending litigation. ADJOURNMENT At 11:00 p.m., the Mayor adjourned the meeting to September 19, 1985, at 7:30 a.m., at the Westin South Coast Plaza Hotel, 666 Anton Boulevard, Costa Mesa, to hold a closed personnel session. The Mayor also announced that the September 19 meeting will be adjourned to October 1, 1985, at 7:00 p.m., in the Council Chambers of City Hall. May of the City of OS sa ATTEST: C y Clerk of the City of Costa M a