HomeMy WebLinkAbout11/18/1985 - City Council�2
ROLL CALL
MINUTES
November 4, 1985
ORDINANCES
PRESENTATION
Art Collection
Book by School
District
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
NOVEMBER 18, 1985
The City Council of the City of Costa Mesa, California,
met in regular session November 18, 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 Charles D. Clark, First
United Methodist Church.
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
On motion by Council Member Wheeler, seconded by Council
Member Schafer, and carried 5-0, the minutes of the
regular meeting of November 4, 1985, were approved as
distributed.
A motion was made by Vice Mayor Hornbuckle, seconded by
Council Member Hall, and carried 5-0, to read all ordi-
nances by title only.
Mrs. Jo Vandervort, member of the Newport -Mesa Unified
School District Art -Collection Advisory Committee,
presented to each Council Member a copy of the art
collection book, "Changing Times/Changing Styles".
She also presented to the City a hard -bound copy of the
art book. Mrs. Vandervort conveyed the Ccmmittee's
appreciation to the Council for their financial support
of both the book and the art exhibition. The exhibition
was held.in April of this year.
ORAL COMMUNICATIONS Mark Korando, 582 Park Drive, Costa Mesa, stated that
it is his understanding that the preliminary plans for
Lincoln Properties the Lincoln Properties project in the Redevelopment Area
Project includes a portion of public right-of-way on Plumer
Street. He asked if the City will be compensated for
that right-of-way by either Lincoln Properties or by
the Redevelopment Agency. Vice Mayor Hornbuckle sug-
gested that Mr. Korando contact the Redevelopment Agency
Director to obtain the date for the Lincoln Properties
hearing.
Wall Height Joe Balough, 2734 San Lucas Lane, Costa Mesa, advised
Between Commercial that his home is located in the Mesa del Mar Tract
and Residential adjacent to property where an office building is under
Properties construction. Mr. Balough stated that he was under
the impression that the developer would construct an
eight -foot high wall separating the properties, but the
Municipal Code requires only a six-foot high wall. He
felt that a six-foot wall will not adequately provide
him with privacy and security.
The Development Services Director reported that the
office building meets all standards of the City and the
Code states that a six-foot wall is the maximum height
allowed. Walls which are eight feet high are allowed
along major arterial streets. The Director stated that
a variance would be required for -an eight -foot -wall.
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Mayor Hertzog and Council Member Wheeler suggested that
the residents attempt to resolve the problem with the
developer.
Building Permits
Jerry Odegaard, 6447 Via de La Reina, Bonsall, referred
for DR -85-39
to issuance of building permits for Development Review
ments
DR -85-39, for property at 221-1/2 Avocado Street, which
is Item 2 under New Business. He asked that the City
AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK,
Planners who wrote the reports be present to answer his
MOTION
questions. The City Manager responded that the reports
WRITTEN
have been reviewed by the Development Services Director
COMMUNICATIONS
and the Director will be answering any questions.
Soffer
Sid Soffer, 900 Arbor Street, Costa Mesa, caYumented on
Records Destruction
what constitutes a structure; Supreme Court decision on
for Building Safety
down zoning of land; City policies; and Development
Review DR -85-39.
CONSENT CALENDAR
The following items were removed from the Consent
Resolution 85-94
Calendar: Item 5(a), claim from Brian and Josephine
Adopted
Coleman; Item 6(i), award of contract for the Pavement
Management Program; and Item 10(b), Final Map for Tract
12341.
On motion by Vice Mayor Hornbuckle, seconded by Council
Records Destruction On motion by Vice Mayor Hornbuckle, seconded by Council
for Police Depart- Member Hall, Resolution 85-95, being A RESOLUTION OF
ment THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
AUTHORIZING RECORDS DESTRUCTION FOR THE POLICE DEPART -
MOTION MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE
Resolution 85-95 NO. 75-60, was adopted by the following roll call vote:
Adopted AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Records Destruction
Member Hall, the remaining Consent Calendar items were
for Various Depart-
approved in- one motion by the following roll call vote:
ments
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK,
NOES: COUNCIL MEMBERS: None
MOTION
ABSENT: COUNCIL MEMBERS: None
WRITTEN
Resolution 85-96
COMMUNICATIONS
On motion by Vice Mayor Hornbuckle, seconded by Council
Adopted
Member Hall, Resolution 85-94, being A RESOLUTION OF
Records Destruction
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
for Building Safety
AUTHORIZING RECORDS DESTRUCTION FOR THE BUILDING SAFETY
DIVISION OF THE CITY OF COSTA MESA, PURSUANT TO ORDI-
MOTION
NANCE NO. 75-60, was adopted by the following roll call
Resolution 85-94
vote:
Adopted
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Records Destruction On motion by Vice Mayor Hornbuckle, seconded by Council
for Police Depart- Member Hall, Resolution 85-95, being A RESOLUTION OF
ment THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
AUTHORIZING RECORDS DESTRUCTION FOR THE POLICE DEPART -
MOTION MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE
Resolution 85-95 NO. 75-60, was adopted by the following roll call vote:
Adopted AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Records Destruction
On motion by Vice Mayor Hornbuckle, seconded by Council
for Various Depart-
Member Hall, Resolution 85-96, being A RESOLUTION OF
ments
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK,
MOTION
PUBLIC SERVICES, AND DEVELOPMENT SERVICES DEPARTMENTS OF
Resolution 85-96
THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60,
Adopted
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 Vice Mayor Hornbuckle, seconded by Council
Member Hall, and carried 5-0, the following Reading
Folder items were received and processed:
Claims Claims received by the City Clerk: Raymond A. Lea;
Celeste Stahl Brady; John W. Baldridge; George
Matsumoto; Attorney James M. McAdams on behalf of
Sabrina D. Regehr; Allstate Insurance Company/Brian
and Josephine Coleman; Attorney Patrick E. Catalano on
behalf of Larry F. Barone, et al; Harry A. Southron;
Paul Hathaway McGinnis; and Application for Leave to
Present a Late Claim from Holroyd Way Watkins.
Alcoholic Alcoholic Beverage License application from Dieu
Beverage Phan, doing business as Imperial Dragon Restaurant,
Licenses 3033 South Bristol Street, has been recommended for
denial by staff because of insufficient parking at
that site.
Public Notice from the Public Utilities Commission of an
Utilities Order Instituting. Investigation for the purpose of
Commission establishing a list for the fiscal year 1986-87 of
existing and proposed crossings at grade of city
streets, county roads, and state highways.
SET FOR PUBLIC
HEARING On motion -by Vice Mayor Hornbuckle, seconded by Council
Member Hall, and carried 5-0, the following items were
set for public hearing on the dates and times indicated,
in the Council Chambers of City Hall:
EIR for Downtown
December 18, 1985, 2:30 p.m.: Environmental Impact
Redevelopment
Report/Environmental Impact Statement for the Costa
Area
Mesa City Council, for 19.5 acres in the Downtown
Redevelopment Area, located between West 19th Street,
Park Avenue, Plumer Street, and Anaheim Avenue;
General Plan Amendment GP -85-4A, to change the land
use designation from Commercial to Residential; and
Rezone Petition R-85-13, to rezone the property from
Cl, C2, and R2 to R4.
GP-85-3B/R-85-12
December 2, 1985, 6:30 p.m.: General Plan Amendment
Lorenzini/Nabers
GP -85-3B and Rezone Petition R-85-12, David Lorenzini,
authorized agent for Richard Nabers, to change the
land use designation from Low Density Residential to
General Commercial; and to rezone from R1 (Single-
family Residential) to CL (Local Business District),
for properties located at 454, 458, 463, and 464
Princeton Drive. Environmental Determination:
Negative Declaration.
REJECTED CLAIMS
On motion by Vice Mayor Hornbuckle, seconded by Council
Douglas
Member Hall, and carried 5-0, the claim from Geraldine
Douglas was rejected.
Jamieson
Sharpe
ADMINISTRATIVE
ACTIONS
Bid Item 684
Fuel Storage Tanks
MOTION
Awarded to McAlpine
and Salyer
On motion by Vice Mayor Hornbuckle, seconded by Council
Member Hall, and carried 5-0, the claim from Mark R.
Jamieson was rejected.
On motion by Vice Mayor Hornbuckle, seconded by Council
Member Hall, and carried 5-0, the claim from Marianne
Sharpe was rejected.
Bids received for Bid Item 684, Removal and Replacement
of Three Underground Fuel Storage Tanks, are on file in
the Clerk's office. On motion by Vice Mayor Hornbuckle,
seconded by Council Member Hall, the contract was
awarded to McAlpine and Salyer Construction Company,
Incorporated, 15709 Illinois Avenue, Paramount, for
$65,477.00. The motion carried by the following roll
call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
None
None
[1
Bid Item 685 "A"
Bids received for Bid Item 685, Revision "A", Self Con -
Breathing
tained Breathing Apparatus (six complete units and three
Apparatus
tanks), are on file in the Clerk's office. On motion by
Vice Mayor Hornbuckle, seconded by Council Member Hall,
MOTION
the contract was awarded to Western Fire Equipment Com -
Awarded to
pany, 440 Valley Drive, Brisbane, for $7,639.41. The
Western Fire
motion carried by the following roll call vote:
Equipment
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Bid Item 692
Bids received for Bid Item 692, Demolish, Remove, and
Demolish Various
Dispose of Various Structures within the City, are on
Structures
file in the Clerk's office. On motion by Vice Mayor
Hornbuckle, seconded by Council Member Hall, the con -
MOTION
tract was awarded to William L. Olson, Incorporated,
Awarded to
Post Office Box 3786, Granada Hills, for $4,500.00.
William L. Olson
The motion carriea by the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Bid Item 694
Bids received for Bid Item 694, Remodeling of Basement
Remodeling of
in the Police Building, are on file in the Clerk's
Police Building,
office. On motion by Vice Mayor Hornbuckle, seconded
Basement
by Council Manber Hall, the contract was awarded to
Frank Ultimo, General Building Contractor, 24421
MOTION
Barbados Drive, Dana Point, for $9,683.00. The motion
Awarded to
carried by the following roll call vote:
Frank Ultimo
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: • COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Bid Item 687
Bids received for Bid Item 687, Gas Infrared Heaters,
Gas Infrared
are on file in the Clerk's office. On motion by Vice
Heaters
Mayor Hornbuckle, seconded by Council Member Hall, the
contract was awarded to Commercial Air Conditioning
MOTION
Company, 31732 Rancho Viejo Road, Suite F, San Juan
Awarded to
Capistrano, for $8,522.00. The motion carried by the
Commercial Air
following roll call vote:
Conditioning
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Bid Item 698 Bids received for Bid Item 698, One Towable Air Compres-
One Towable Air sor, are on file in the Clerk's office. On motion by
Campressor Vice Mayor Hornbuckle, seconded by Council Member Hall,
the contract was awarded to Huntington Valley Tool
MOTION - Awarded Rental and.Sales, 18931 Magnolia Street, Fountain
to Huntington Valley, for $8,906.17. The motion carried by the fol -
Valley Tool lowing roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Bid Item 699 Bids received for Bid Item 699, One Stump and Root
One Stump and Root. Grinder, are on file in the Clerk's office. On motion
Grinder by Vice Mayor Hornbuckle, seconded by Council Member
Hall, the contract was awarded to West Point Industries,
MOTION Incorporated, 1320 West 16th Street, Long Beach, for
Awarded to West $5,273.50. The motion carried by -the following roll
Point Industries call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
428
Bid Item 700 Bids received for Bid Item 700, One Roller and Trailer,
One Roller and are on file in the Clerk's office. On motion by Vice
Trailer Mayor Hornbuckle, seconded by Council Member Hall, the
contract was awarded to Case Power and Equipment, 14841
MOTION ion Julian Read, City of Industry, for $21,987.58. The
Awarded to Case motion carried by the following roll call vote:
Power and Equipment AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Agreement with
The Communications Director has requested approval of an
County and 15
agreement with the County of Orange and 15 Orange County
Cities
cities (including Costa Mesa, a total of 16 cities are
participating), for implementation and operation of the
Fire
Orange County Coordinated Fire Communications System.
Communications
The total cost to the City of Costa Mesa is $304,691.00.
System
On motion by Vice Mayor Hornbuckle, seconded by Council
Member'Hall, the agreement was approved, and the Mayor
MOTION
and Clerk were authorized to sign on behalf of the City.
Agreement
The motion carried by the following roll call vote:
Approved
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Purchase of Radio
Staff has requested approval of four sets of radio
Equipment
equipment from sole source vendor, Motorola, Incorpor-
ated, 171 South Anita Drive, Suite 201, Orange, for a
total cost of $8,950.00. The equipment is compatible
with the existing Orange County Law Enforcement
MOTION
frequencies and'system; and is a budgeted item of the
Purchase
Police Department. On motion by Vice Mayor Hornbuckle,
Approved
seconded by Council Hall, the purchase was approved by
the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Budget Adjustment A motion was made by Vice Mayor Hornbuckle, seconded
No. 86-21/Sidewalk by Council Member Hall, approving Budget Adjustment
for Heller Park No. 86-21 for $2,500.00, to replace the sidewalk at
Heller Park. The motion carried by the following roll
MOTION call vote:
Adjustment AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Approved Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS:, None
Final Map for The Final Map was presented for Tract 12178, Mesa Woods,
Tract 12178/Mesa 1072 Southeast Bristol Street, Suite 202, Santa Ana; one
Woods lot, 1.108 acres, located north of Monte Vista Avenue
between Santa Ana and Irvine Avenues, for condominium
MOTION purposes. On motion by Vice Mayor Hornbuckle, seconded
Map Approved by Council Member Hall, and carried 5-0, the map was
approved; the Council did accept on behalf of the City
the ingress/egress easement over Lot 1 for emergency and
security purposes as dedicated; the map was approved
pursuant to the provisions of Section 66436(c)(1) of the
Subdivision Map Act; and the Clerk was authorized to
sign the map on behalf of the City.
Final Map for The Final Map was presented for Tract 12405, Emanuel
Tract 12405/Kruger Kruger, 187 East 18th Street; one lot, 0.889 -acre,
located at the above address, for apartment purposes.
MOTION On motion by Vice Mayor Hornbuckle, seconded by Council
Map Approved Member Hall, and carried 5-0, the map was approved;
the Council did accept on behalf of the public the dedi-
cation of Orange Avenue for street purposes; did also
1
4 9�_y
accept on behalf of the City the ingress/egress easement
over Lot 1 for emergency and security vehicle purposes
as dedicated; the map was approved pursuant to the
provision of Section 66436(c)(1) of the Subdivision Map
Act; and the -Clerk was authorized to sign the map on
behalf of the City.
Improvements for
Improvements for Tract 10950 have been canpleted to the
Tract 10950/Curci-
satisfaction of the Director of Public Services by Curci-
England
England,.21515 Hawthorne Boulevard, Torrance, located
MOTION
Vice Mayor Hornbuckle, seconded by Council Member Hall,
between Sunflower Avenue, the San Diego Freeway, Avenue
Resolution 85-99, being A RESOLUTION OF THE CITY COUN-
Adopted
of the Arts, and Main Street, within Assessment District
MOTION
No. 82-2, South Coast Metro Center. On motion by Vice
Improvements
Mayor Hornbuckle, seconded by Council Member Hall, the
Accepted
improvements were accepted, and two bonds in the amount
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
of $2,012,327.00 each were ordered exonerated. The
Schafer, Hall, Wheeler
motion carried by the following roll call vote:
NOES: COUNCIL MEMBERS: None
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
ABSENT: COUNCIL MEMBERS: None
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS:- None
ABSENT: COUNCIL MEMBERS: None
Parking Prohibition
The Traffic Commission has recar►mended prohibition of
on 16th Place
parking for street sweeping along both curbs of 16th
Place, between Santa Ana and Orange Avenues, on Wednes-
days between 7:00 a.m. to 9:00 a.m. On motion by Vice
MOTION
Mayor Hornbuckle, seconded by Council Member Hall,
Resolution 85-97
Resolution 85-97, being A RESOLUTION OF THE CITY COUN-
Adopted
CIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING
PARKING ON WEDNESDAYS BETWEEN 7:00 A.M. AND 9:00 A.M.
ON A PORTION OF 16TH PLACE FOR THE PURPOSE OF STREET
SWEEPING, was adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Parking Prohibition
The Traffic Carmnission has recazmended prohibition of
on Various Streets
parking for street sweeping along both curbs of all
streets north of West 19th Street, east of Placentia
Avenue, south of Hamilton Street, and west of Pomona
Avenue, including Pomona Avenue, on Tuesdays between
8:00 a.m. and 10:00 a.m. On motion by Vice Mayor
MOTION
Hornbuckle, seconded by Council Member Hall, Resolution
Resolution 85-98
85-98, being A RESOLUTION OF THE CITY COUNCIL OF THE
Adopted
CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON
TUESDAYS BETWEEN 8:00 A.M. AND 10:00 A.M. ON ALL STREETS
NORTH OF WEST 19TH STREET, EAST OF PLACENTIA AVENUE,
SOUTH OF HAMILTON STREET AND WEST OF POMONA AVENUE,
INCLUDING POMONA AVENUE, FOR THE PURPOSE OF STREET
SWEEPING, was adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Parking Prohibition The Traffic CaTmission has recapended prohibition of
on Pacific Avenue
parking for street sweeping along both curbs of Pacific
Avenue for its length north of Victoria Street, on
Tuesdays between 6:00 a.m. and 8:00 a.m. On motion by
MOTION
Vice Mayor Hornbuckle, seconded by Council Member Hall,
Resolution 85-99
Resolution 85-99, being A RESOLUTION OF THE CITY COUN-
Adopted
CIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING
PARKING ON TUESDAYS BETWEEN 6:00 A.M. TO 8:00 A.M. ON A
PORTION OF PACIFIC AVENUE FOR THE PURPOSE OF STREET
SWEEPING, was adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
198
Parking Prohibition 'The Traffic Commission has recommended prohibition of
on East 18th Street parking for street sweeping along both curbs of East
18th Street between Newport Boulevard and Orange Avenue,
on Wednesdays between 6:00 a.m. and 8:00 a.m. On motion
MOTION by Vice Mayor Hornbuckle, seconded by Council Member
Resolution 85-100 Hall, Resolution.85-100, being A RESOLUTION OF THE CITY
Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBIT-
ING PARKING ON WEDNESDAYS BETWEEN 6:00 A.M. AND 8:00
A.M. ON A PORTION OF EAST 18TH STREET FOR THE PURPOSE OF
STREET_SWEEPING, was adopted by the following roll call
vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
.Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Request to Release The Director of Public Services has recommended that 90
Retention Funds to percent of retention funds ($138,562.80) be released to
Mladen Buntich Mladen Buntich Construction Company, 9946 Rancho Caballo
Drive, Sunland, in connection with construction of the
Baker Street Baker Street Storm Drain. On motion by Vice Mayor
Storm Drain Hornbuckle, seconded by Council Member Hall, the request
was approved by the following roll call vote:
MOTION AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Request Approved Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Conference
Advances
MOTION
Advances Approved
Coleman Claim
A motion was made by Vice Mayor Hornbuckle, seconded
by Council Member Hall, approving Conference Advances
for $440.00 and $665.00, for two police officers to
attend a polygraph workshop in San Diego, December 2
through 6, 1985. 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
Item 5(a) on the Consent Calendar was presented: claim
from Brian and Josephine Coleman.
Council Member Wheeler was opposed to taking action on
the claim until the City -funded geological study is
completed.
The City Attorney recommended rejection of the claim
because it was his opinion that the study will not
show that the City is liable.
Roberta Florheden, 2788 Mendoza Drive, Costa Mesa,
reported that she has had water accumulating under her
her house for several years and had the property
inspected by an engineer. The engineer was unable
to determine the cause of the water problem.
Mayor Hertzog responded that this issue could not be
discussed this evening; however, the Mayor asked the
Public Services.Director to have staff inspect the
parkway in Ms. Florheden's area.
MOTION A motion was made by Council Member Hall, seconded by
Coleman Claim Council Member Schafer, to reject the Coleman claim.
Rejected The motion carried 3-2, Council Members Hornbuckle and
Wheeler -voting no.
Pavement Item 6(i) on the Consent Calendar was presented: award
Management of a contract for the Pavement Management Program to
Program Pavement Management Systems, 26661 Alicante Drive, Suite
1
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200, Mission Viejo, for $93,000.00. Proposals received
are on file in the Public Services Department.
Final Map for Item 10(b) on the Consent Calendar was presented: Final
Tract 12341 Map for Tract 12341, Regis Homes, 5120 Campus Drive,
Regis Homes Newport Beach; one lot, 18.90 acres, located south of
Sunflower Avenue between Avenue of the Arts and Sakioka
Drive, for condominium purposes.
The Director of Public Services reported that the
necessary documents have not been received from the
developer and recommended that this item be rescheduled
for a future meeting.
MOTION On motion by Council Member Wheeler, seconded by Council
Removed from Member Schafer; and carried 5-0, the Final Map for Tract
Agenda 12341 was removed from the Agenda.
OLD BUSINESS The Clerk presented Ordinance 85-15 for second reading
and adoption. The Ordinance changes the zoning of a
R-85-08 vacant lot adjacent to 2039 Wallace Avenue from R2 to
Professional Pacific R3 in connection with Rezone Petition R-85-08, Profes-
Investments sional Pacific Investments.
Council Member Wheeler opposed the increased density.
MOTION On motion by Council Member Hall, seconded by Council
Ordinance 85-15 Member Schafer, Ordinance 85-15, being AN ORDINANCE OF
Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
CHANGING THE ZONING OF THE VACANT LOT WEST OF 2039
WALLACE AVENUE FROM R2 TO R3, was given second reading
and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall
NOES: COUNCIL MEMBERS: Wheeler
ABSENT: COUNCIL MEMBERS: None
Agreement with The Clerk presented from the meeting of November 4,
Corporate Center 1985, a reimbursement agreement with Corporate Center
Associates Associates, 3401 West Sunflower Avenue, Suite 250, Santa
Ana, in connection with the Santa Ana -Delhi Storm Drain.
Santa Ana -Delhi The agreement provides for reimbursement of approxi -
Storm Drain mately $191,879.35 to the City for work on the project
at the Corporate Center site, located at the northeast
corner of Bristol Street and Paularino Avenue.
Council Member Wheeler had requested the continuance of
this item at the last Council meeting because he wanted
more information from staff. Council Member Wheeler
stated that he does not understand the information he
has received and wanted a breakdown of the relative
costs of the project; therefore, he could not support
approval of the contract.
Council Member Wheeler favored the visual survey which
is an assessment of the surface condition of the street
and would cost much less than the program recommended by
staff. Staff has recommended the program which would
include surface and sub -surface testing, including a
linear programming model, and use of a computer program
for the network street survey which is compatible with
the computer system now utilized by the City.
MOTION
On motion by Council Member Hall, seconded by Vice Mayor
Contract Awarded to
Hornbuckle, the contract was awarded to Pavement Manage -
Pavement Management
ment Systems for $93,000.00. The motion carried by the
Systems
following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall
NOES: COUNCIL MEMBERS: Wheeler
ABSENT: COUNCIL MEMBERS: None
Final Map for Item 10(b) on the Consent Calendar was presented: Final
Tract 12341 Map for Tract 12341, Regis Homes, 5120 Campus Drive,
Regis Homes Newport Beach; one lot, 18.90 acres, located south of
Sunflower Avenue between Avenue of the Arts and Sakioka
Drive, for condominium purposes.
The Director of Public Services reported that the
necessary documents have not been received from the
developer and recommended that this item be rescheduled
for a future meeting.
MOTION On motion by Council Member Wheeler, seconded by Council
Removed from Member Schafer; and carried 5-0, the Final Map for Tract
Agenda 12341 was removed from the Agenda.
OLD BUSINESS The Clerk presented Ordinance 85-15 for second reading
and adoption. The Ordinance changes the zoning of a
R-85-08 vacant lot adjacent to 2039 Wallace Avenue from R2 to
Professional Pacific R3 in connection with Rezone Petition R-85-08, Profes-
Investments sional Pacific Investments.
Council Member Wheeler opposed the increased density.
MOTION On motion by Council Member Hall, seconded by Council
Ordinance 85-15 Member Schafer, Ordinance 85-15, being AN ORDINANCE OF
Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
CHANGING THE ZONING OF THE VACANT LOT WEST OF 2039
WALLACE AVENUE FROM R2 TO R3, was given second reading
and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall
NOES: COUNCIL MEMBERS: Wheeler
ABSENT: COUNCIL MEMBERS: None
Agreement with The Clerk presented from the meeting of November 4,
Corporate Center 1985, a reimbursement agreement with Corporate Center
Associates Associates, 3401 West Sunflower Avenue, Suite 250, Santa
Ana, in connection with the Santa Ana -Delhi Storm Drain.
Santa Ana -Delhi The agreement provides for reimbursement of approxi -
Storm Drain mately $191,879.35 to the City for work on the project
at the Corporate Center site, located at the northeast
corner of Bristol Street and Paularino Avenue.
Council Member Wheeler had requested the continuance of
this item at the last Council meeting because he wanted
more information from staff. Council Member Wheeler
stated that he does not understand the information he
has received and wanted a breakdown of the relative
costs of the project; therefore, he could not support
approval of the contract.
1113G
The City Manager reported that at the time the project
was approved, the developer requested permission to
relocate the storm drain. The City approved the request
stipulating construction of a 60 -inch storm drain. When
the City initiated construction for the remainder of the
Santa Ana -Delhi drainage system, staff determined that
an 80 -inch storm drain was required. The City asked the
developer to install an 80 -inch storm drain with the
City paying for the additional 20 inches.
The Director of Public Services pointed out that the
developer will pay for a proportionate share of the
design cost.
MOTION On motion by Council Member Hall, seconded by Council
Agreement Member Schafer, the agreement with Corporate Center
Approved Associates was approved, and the Mayor and Clerk were
authorized to sign on behalf of the City. The motion
carried by the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall
NOES: COUNCIL MEMBERS: Wheeler
ABSENT: COUNCIL MEMBERS: None
WARRANT On motion by Vice Mayor Hornbuckle, seconded by Council
Member Hall, Warrant Resolution 1304, including Payroll
MOTION 8522, was approved by the following roll call vote:
Warrant 1304 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Approved Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
CITY ATTORNEY
REPORTS The City Attorney requested authority to settle the
lawsuit against the City, filed by Exbourne Properties
Settlement of (California), Incorporated. Details of the settlement
Exbourne Properties are contained in his confidential memorandum dated
Lawsuit November 12, 1985.
MOTION On motion by Council Member Hall, seconded by Council
Settlement Member Schafer, and carried 5-0, the City Attorney and
Authorized Director of Public Services were directed to take all
steps necessary to effectuate the settlement of the
lawsuit as described in the memorandum of November 12,
1985.
Closed Session The City Attorney requested a closed session at the
Requested end of regular business to discuss pending litigation.
PUBLIC HEARING The Clerk announced the public hearing, continued from
Appeal of the meeting of October 21, 1985, to consider an appeal
ZE-84-168/RA-84-15 of the Redevelopment Agency's decision for Zone Excep-
Verdult tion ZE-84-168/Redevelopment Action RA -84-15, from
Winston Verdult, 1761 Newport Boulevard, Costa Mesa,
for a Conditional Use Permit to allow auctions in con-
junction with an existing jewelry shop; a variance from
parking requirements; and a variance from landscaped
setback requirements, located at the above address in a
C2 zone. Environmental Determination: Exempt. The
Affidavit of Mailing is on file in the Clerk's office.
The Development Services Director reported that he has
received a request from Mr. Verdult requesting another
continuance. The Director referred to.staff's memoran-
dum of November 18, 1985, containing a chronology of
the many delays associated with the project, primarily
caused by repeated requests from the applicant for
continuances. The Director recommended that if another
continuance is granted, Council direct staff to notify
the applicant that no further continuances will be
granted.
F
��1
Mark Korando, 582 Park Drive, Costa Mesa, referred to
the Staff Report which indicates that there are 14
parking spaces available at the rear of the property.
Mr. Korando reported that limousines are being stored
in that area and it is not available for public or
employee parking.
The Development Services Director informed Mr. Korando
that the limousine service property will be discussed
at the Planning Commission Study Session which was in
progress in the first floor Conference Roam, and sug-
gested that Mr. Korando attend that meeting.
MOTION A motion was made by Council Member Hall, seconded by
Held Over Council Member Schafer, to continue the public hearing
to December 16, 1985. Council Member Wheeler opposed
the granting of another continuance. Council Member
Hall amended his motion by adding that Council action
will be taken at the December 16 meeting whether or not
the applicant is present, and directing staff to send a
letter to the applicant advising him that no further
continuances will be granted. The motion carried 4-1,
Council Member Wheeler voting no.
PUBLIC HEARING The Clerk announced the public hearing, continued fron
Appeal of PA -85-164 the meeting of November 4, 1985, to consider an appeal
ICN Pharmaceuticals of the Planning Commission's denial of Planning Action
PA -85-164 from ICN Pharmaceuticals, Incorporated, 3300
Hyland Avenue, Costa Mesa, for a sign variance for
signage above the first story and excess letter height,
located at the above address in an MP zone. Environ-
mental Determination: Exempt.
The applicant has requested a continuance to the meeting
of December 16 because he has hired a new consultant.
MOTION On motion by Council Member Hall, seconded by Vice Mayor
Held Over Hornbuckle, and carried 5-0, the public hearing was con-
tinued to the meeting of December 16, 1985.
NEW BUSINESS The Clerk presented Planning Action PA -85-189 and Tenta-
tive Parcel Map S-85-384, Van Dell and Associates,
PA-85-189/Tentative authorized agent for .Bristol Partners, for a Parcel Map,
Parcel Map S-85-384 Conditional Use Permit, and a Planned Development review
Van Dell/Bristol for a rental car facility including outdoor storage of
Partners cars, car maintenance and washing facilities, and an
office; with a variance from interior landscaped area,
located at 357 Bristol Street in a PDC zone. Environ-
mental Determination:. Negative Declaration.
The Development Services Director summarized staff's
memorandum of November 13, 1985. The Planning Commis-
sion reccomended approval of the project subject to all
conditions contained in the Staff Report, with modifi-
cations to Conditions No. 6 and No. 33, and adding
Conditions No. 50 and No. 51:
Condition No,.6 - Approval shall be for a period of
one year. Prior to expiration, applicant may request
renewal, subject to re-evaluation at that time. The
Development Services Director is authorized to extend
the Planning Action for a period not to exceed two
years if all conditions of approval have been satis-
fied, no casnplaints have been received, and the site
inspection reveals canpliance with applicable ordi-
nance requirements. Thereafter, the Development
Services Director is authorized to extend the permit
for successive two-year periods under the same terms.
Condition No. 33 - Applicant shall submit an agree-
ment, to be recorded after receiving approval from
J,
the City Attorney's office, stating that private
on-site drainage facilities shall not be maintained
by the City of Costa Mesa; they shall be maintained
by the property owner.
Condition No. 50 - Participate in the San Joaquin
Hills Transportation Corridor Fee Program if the
program is adopted by the City prior to issuance of
building permits (currently estimated to be $1.30/
square foot gross).
Condition No. 51 - No public address system shall be
permitted.
The Director further reported that the applicant has
contacted staff stating that the company which is to
occupy this property will be unable to obtain financing
should Condition No. 6 remain. This condition is nor-
mally included on all Conditional Use Permits but is not
required by Code. Staff could periodically inspect the
site and the permit could be revoked regardless of
whether or not the condition is included.
Janes Ray, Bristol Partners, was present and answered
questions from the Council. In response to a question
from Council Member Schafer, Mr. Ray stated that if
Condition No. 6 were deleted, he would agree with a
stipulation by Council directing staff to review the
project in one year to make sure the conditions have
been met. Mr. Ray also agreed to all other conditions
including modifications and additions.
Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in
support of deleting Condition No. 6.
MOTION A motion was made by Council Member Hall, seconded by
PA -85-189 and Council Member Schafer, adopting the Negative Declara-
5-85-384 Approved tion of Environmental Impact; and approving Planning
Action PA -85-189 and Tentative Parcel Map S-85-384,
based on the findings and analysis contained in the
Staff Report, subject to all conditions including the
modification of Condition No. 33 and the addition of
Conditions No. 50 and 51, and modifying Condition
No. 6 to read, "The Development Services Department
will inspect subject site at the end of one year for
campliance with all conditions".
Council Member Wheeler was opposed to the deletion of
Condition No. 6 as stated in staff's memorandum of
November 13, 1985, because he felt it was a grant of
special privilege.
The motion to approve the applications carried 4-1,
Council Member Wheeler voting no.
RECESS The Mayor declared a recess at 8:05 p.m., and the
meeting reconvened at 8:15 p.m.
Review of Permits The Clerk presented a request from the Development
for DR -85-39 Services Director for Council review of building permits
for a four -unit apartment project approved as Develop-
ment Review DR -85-39, located at 221-1/2 Avocado Street.
The Development Services Director reviewed a memorandum
from staff dated November 14, 1985, concerning building
permits for the project. In 1981, Council approved
General Plan Amendment GP -81-3A, Option III, which
allowed 217 Avocado Street to retain its General Commer-
cial designation while changing the land use designation
for 219, 221, and 221-1/2 Avocado Street to High Density
Residential. It was believed that retaining commercial
use at 217 Avocado Street would buffer the newly desig-
nated residential properties from a new commercial
project along Fairview Road and Newport Boulevard.
Because concerns arose (environmental, access, etc.),
General Plan Amendment GP -82-1B was processed for 210,
221, and 221-1/2 Avocado Street. Council adopted
Option III on May 3, 1982, which retained the High
Density Residential designation for 221-1/2 Avocado
Street, and converted 219 and 221 Avocado Street to
General Commercial.
The property owner of 221-1/2 Avocado Street expressed
his intention to construct four apartment units on the
site but was required to provide an additional eight -
foot wide easement in conjunction with the existing
eight -foot easement over 221 Avocado Street so that
minimum driveway width requirements of 16 feet could be
satisfied. On June 25, 1985, staff approved Development
Review DR -85-39 for the four -unit apartment project.
Staff's memorandum states that Gerald Odegaard, owner
of property at 217 Avocado Street, has expressed concern
that the apartments have not been adequately designed
because of their location adjacent to his commercial
property.
The Development Services Director then reviewed a second
memorandum from staff dated November 14, 1985, which
deals with the environmental determination for the
property at 221-1/2 Avocado Street. Included with this
memorandum are applicable sections from the CEQA Guide-
lines, Staff Reports and Minute Excerpts for General
Plan Amendments GP -81-3A and GP -82-3B, as well as copies
of easements granted for the 221-1/2 Avocado Street
property.
The above mentioned memorandum states that Mr. Odegaard
suggested that Development Review DR -85-39 was improp-
erly exempt from CEQA (California Environmental Quality
Act) due to possible restrictions or impacts of the
proposed residential development on adjacent commercial
properties. In view of Mr. Odegaard's concern, staff
contacted the State Resources Agency to determine if
there were any reasons that DR -85-39 might have required
review under CEQA. Chris Sproul of the Resources Agency
legal staff stated that this project is exempt from
CEQA.
Milton Meehan, 2319 Margaret Drive, Newport Beach, co-
owner of the property at 221-1/2 Avocado Street, stated
that the issue of noise from the adjacent commercial
property was addressed when he applied for DR -85-39.
As requested by the City, he employed an acoustical
engineer to measure noise levels. The acoustical report
states that a six-foot wall is required along the east-
erly property line and no alterations to the building
are necessary. Mr. Meehan reported that the wall has
been constructed, and that he has met all the conditions
required by the City.
Bill Thomas, co-owner of the subject property, supported
Mr. Meehan's comments and indicated that he contacted
business owners in the the surrounding office buildings
and they are in support of the project.
Serge Drobatchewsky, 3453 Via Loma Vista, Escondido, was
present to represent his grandmother, Germaine Matthews,
owner of property at 221 Avocado Street. He expressed
43111
concern with the additional traffic which will be gener-
ated on the eight -foot access on the Matthews property,
and stated that the intent of the Grant of Easement in
1961 was for single-family access. He also reported
that the fence adjacent to his grandmother's property
has been torn down by Mr. Meehan, and Mrs. Matthews is
very upset because of the loss of privacy.
Mr. Meehan spoke again to report that the fence was
removed for drainage purposes.
Discussion ensued concerning access to the Meehan
property and Council Member Hall suggested off-site
access.
Gerald Odegaard, 6447 Via de La Reina, Bonsall, owner
of the 217 Avocado Street commercial property, spoke in
opposition to the four -unit apartment development being
constructed adjacent to his commercial property. He
envisioned complaints from future apartment dwellers
concerning noise from the commercial use. Mr. Odegaard
spoke at length in opposition to the environmental
determination, and disagreed with the memoranda submit-
ted by staff.
Sid Soffer, 900 Arbor Street, Costa Mesa, supported Mr.
Odegaard's statements, and suggested that this item be
continued for further discussion.
MOTION A motion was made by Council Member Hall affirming the
Environmental determination that Development Review DR -85-39 is
Determination categorically exempt under Class 3 of CEQA; directing
Affirmed the Development Services Department to release the
building permits with the requirement that the appli-
cant process a Conditional Use Permit for off-site
access before final occupancy of the project; directing
applicant to provide landscaping to prevent access over
the present easement now provided over 221 Avocado
Street, and to install a fence along the westerly prop-
erty line of 221 Avocado Street to provide privacy for
the occupant at that address.
Council Member Wheeler seconded the motion and suggested
an additional statement: if the property owner at 221
Avocado Street is able to work out an agreement to pro-
vide that easement to the property at 221-1/2 Avocado
Street, then that will be acceptable in lieu of the
requirement stated by Council Member Hall as far as
access is concerned.
Council Member Hall agreed to that amendment and further
amended his motion by adding: if an agreement of con-
venience can be worked out between the property owners
at 221 and 221-1/2 Avocado Street to provide access to
221-1/2 over the easement on 221, and if it is agreeable
to the property owner at 221, that agreement shall be
their decision.
The amended motion was seconded by Council Member
Wheeler, and carried 4-1, Mayor Hertzog voting no.
MOTION Later in the evening, under Councilmanic Comments,
City Attorney Council Member Hall made a motion directing the City
Directed to Attorney to prepare findings relative to the decision
Prepare Findings made for Development Review DR -85-39 and to submit
for DR -85-39 those findings for ratification at the meeting of
December 2, 1985. The motion was seconded by Council
Member Wheeler, and carried 5-0.
Mayor Hertzog announced that the next item would be
taken out of order so that the persons wishing to
1
Q-rs
speak regarding blower devices would not have to wait
any longer.
Regulation of Council Member Wheeler referred to his memorandum of
Blower Devices November 18, 1985, concerning his.proposal to consider
an ordinance to prohibit the use of dust blowers in
residential neighborhoods. Council Member Wheeler asked
that at the meeting of December 2, 1985, staff bring a
brief report on the status of similar ordinances from
other cities and include newspaper editorials from the
Los Angeles Times.
Council Member Hall asked for a correction on Page 2,
Paragraph (b) of the aforementioned memorandum. He
asked that the following statement be deleted, "As
Councilman Hall has repeatedly raised, there is an
objection to outlawing those blowers on the premise
that the owners of high density developments will have
to pay more, and, therefore, will have to charge higher
rents". Council Member Hall stated that he made one
statement, "That if blowers were outlawed, people who
retain gardeners would have to pay more". Council
Member Wheeler apologized for that error and stated
that a correction will be made reflecting the latter
statement.
Robert Ida, 10772 Penn Avenue, Garden Grove, member of
the Orange County Gardeners Association, Incorporated,
stated that blower devices came into being during the
water shortage. He reported that his association has
guidelines (copies were submitted to the Council) for
blower usage which have been approved by other cities.
Mr. Ida stated that the association has worked with the
cities of Orange, Laguna Beach, and Newport Beach in
an attempt to abate the misuse of the blower devices.
He also commented that the association is attempting to
have blower manufacturers produce mufflers which will
reduce noise; however, it was his opinion that govern-
ment must assist the association in pressuring the
manufacturers to improve the mufflers.
Council Member Schafer suggested that when this item
comes back to the Council that enforcement needs be
mart of the discussion.
Council Member Hall suggested that staff consult with
Mr. Ida since he has worked with other cities to regu-
late the use of blower devices.
Tim Yasumatsu, Toshio Kojima, Francis Watari, Dexter
Nishiyama, and Fred Tanaka, all members of the Orange
orange County Gardeners Association, spoke in opposition
to banning the blowers in residential areas, explaining
that it would adversely impact their businesses while
gardeners who are under contract to large developers
will be able to continue to usethe devices. It was
also mentioned that the City of Newport Beach has not
adopted an ordinance prohibiting the use of blowers
as indicated in Council Member Wheeler's memorandum.
Sid Soffer, 900 Arbor Street, Costa Mesa, asserted that
the use of brooms and street sweepers are as much of a
nuisance as blower devices.
Gerald Odegaard, 6447 Via de La Reina, Bonsall, stated
that gardeners should be educated in the proper use of
the devices.
MOTION Council Member Wheeler made a motion directing staff to
Staff Directed prepare a report which shall include input from the
to Prepare Report cities of Beverly Hills, Newport Beach, Orange, and any
other cities who have considered this type of ordinance,
find out if the ordinances are effective and how they
are enforced; and to work with the gentlemen who are
present this evening so Council can hear both sides of
the issue; and to bring back this information at the
meeting of January 6, 1985. The motion was seconded by
Vice Mayor Hornbuckle, and carried 5-0.
RECESS The Mayor declared a recess at 11:40 p.m., and the meet-
ing reconvened at 11:50 p.m.
PA-85-70/Sails The Clerk presented a request from Steve Elder, Sails
Construction Construction Company, to construct and irrigate a slope
in Canyon Park in conjunction with Planning Action
PA -85-70', for property located at the end of Sundance
Drive adjacent to Canyon Park.
The City Manager stated that the Mesa West Homeowners
and Roy Pizarek are concerned about the project and,
as a matter of policy, is asking the Council to approve
either a retaining wall or a slope.
In his memorandum of November 15, 1985, the Director of
Leisure Services stated that Mr. Elder has provided two
renderings for discussion: (1) a block wall on the
property line; (2) grading and landscaping on City
property.
Jeff Evans, 2033 National Avenue, Costa Mesa, opposed
the slope concept and was of the opinion that the
developer has not ccmplied with conditions of approval.
Patrick Dolan, 923 West 20th Street, Costa Mesa, stated
that the slope, which is approximately six feet high,
extends onto Canyon Park and this creates a liability
issue. Mr. Dolan also felt that the height of the slope
would block the ocean view for some of the residents
along the canyon.
Mark Korando, 582 Park Drive, Costa Mesa, reported that
he had been a grading inspector for another municipal-
ity, and it was his opinion that if the grading was
done properly, there would be no need to use City prop-
erty.
Steve Elder, Sails Construction Company, stated that
the grading must be seven feet high in order to obtain
proper drainage for water and sewerage. Mr. Elder
contended that the slope does not adversely affect the
view for nearby residents.
Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, commented
that he is not opposed to the berm but is opposed to its
being located on City property. He was concerned that
the berm would block the view of some of the residents.
Mr. Pizarek was opposed to construction of a retaining
wall.
Jeff Evans spoke again and it was his opinion that the
height of grading requested by the developer is not
required for proper drainage. Mr. Elder responded that
the height requested is necessary.
MOTION A motion was made by Council Member Hall to approve the
Grading and grading and landscaping listed as Item 2 in the,.memoran-
Landscaping dum dated November 15, 1985, to the City Manager fram
Approved the Director of Leisure Services; that Item 2 shall be
the plan implemented, and that the retaining wall shall
not be required of the developer. Vice Mayor Hornbuckle
seconded the motion.
1
Council Member Wheeler asked for clarification of the
motion and Vice Mayor Hornbuckle read frau the memoran-
dLun. "If Newport Trails would be allowed to retain the
grading they have completed on City property, the slope
contours will be required to blend in with the surround-
ing terrain. The slope will be irrigated, landscaped,
and maintained to City specifications., The landscape
materials and irrigation equipment will be consistent
with materials already selected and designed for this
portion of the park. In addition, Newport Trails will
be required to develop a decorative public entrance to
the park and install,a fence at the property line."
Council Member Hall amended his motion by adding a
direction to the City Attorney to investigate the
necessity for a hold harmless agreement in relation to
this project and the slope. The amended motion was
seconded by Vice Mayor Hornbuckle, and carried 4-1,
Council Member Wheeler voting no.
San Joaquin Hills The Clerk presented the San Joaquin Hills Corridor Fee
Corridor Fee Program.
Programs
On motion by Council Member Hall, seconded by Vice Mayor
Hornbuckle, staff was directed to prepare an implementa-
tion ordinance and a resolution; fully developed single-
family residential areas were excluded from the proposed
area of benefit; and a public hearing was set for Decem-
ber 16, 1985.
4Ci0- i i0
Hearing Set for After discussion, Council Member Hall amended his motion
January 20, 1986 by changing the public hearing date to January 20, 1986.
The amended motion was seconded by Vice Mayor Hornbuckle,
and carried 5-0.
COUNCILMANIC
COMMENTS Council Member Wheeler announced that there has been
some delay in the opening of the police sub -station on
Police Sub -station the west side and that it should be open in approxi-
mately three to four weeks.
Social Security Council Member Schafer announced that because of the
Office Council's support, the Social Security office in Costa
Mesa will not be closed.
AB 2020 Vice Mayor Hornbuckle suggested that Council support
Bottle Bill Assembly Bill 2020, Bottle Bill, and reported that the
League of California Cities supports it. The Vice
Mayor stated that she would send information to each
Council Member.
ADJOURNMENT TO At 1:05 a.m., the Mayor adjourned the meeting to a
CLOSED SESSION closed session in the first floor Conference Roan to
discuss pending litigation pursuant to Government Code
Section 54956(c).
ADJOURNMENT The Mayor declared the meeting adjourned at 1:10 a.m.
Ma r of the Ci y o a Mesa
ATTEST:
YC' y Clerk of the City of Costa a