Loading...
HomeMy WebLinkAbout01/06/1986 - City Councili ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 6, 1986 The City Council of the City of Costa Mesa, California, met in regular session January 6, 1986, 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 Vice Mayor Hornbuckle. 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, Senior Planner MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council December 16, 1985 Member Schafer, and carried 5-0, the minutes of the regular meeting of December 16, 1985, were approved as distributed. ORDINANCES A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, to read all ordinances by title only. ANNOUNCEMENT Mayor Hertzog announced that Items 2 and 3 under New Business, Fairview State Hospital housing project, will be continued to a future Council meeting. CONSENT CALENDAR The following item was removed from the Consent Calen- dar: Item 12(b), Parking prohibition in the area west of Harbor Boulevard from Gisler Avenue to Baker Street. On motion by Council Member Wheeler, seconded by Council Member Schafer, remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Wheeler, seconded by Council Member Schafer, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Helen B. Ogren; Pinecreek Investments Company; Costa Mesa Mitsubishi; Attorney Owens O. Miller on behalf of Jeffrey Y. Solomon; Attorney Russell S. Kerr on behalf of Claudia Petennan; Yoshiko Dickerman; Asgeir Leifsson; Attorney A. Jay Morton on behalf of Frank D. Luer; Attorney James L. Crandall on behalf of James P. Nader; Attorney Patrick Catalano on behalf of Jean Chapin et al; Pacific Bell; and Jennifer L. Hayden. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Hye Licenses Y. Hong, doing business as #2 Angele's Powers Liquor, 1888 Placentia Avenue; Jan -Min Hsuan, doing business as Ember's Restaurant, 2642 Newport Boulevard; and Jose Avila, doing business at 2101 Placentia Avenue. 13 Trailertown A letter from Concerned Residents of Trailertown, 327 West Wilson Street, Costa Mesa, thanking the Council for its decision to have staff investigate the prob- lems at Trailertown. Air Quality Communication from South Coast Air Quality Management Management District, 9150 Flair Drive, El Monte, concerning Regu- District lation VI, promoting employee participation in trip reduction and ridesharing programs to mitigate vehicle emissions. SET FOR PUBLIC HEARING On motion by Council Member Wheeler, seconded by Council Member Schafer, and carried 5-0, the following items were set for public hearing on January 20, 1986, at 6:30 p.m., in the Council Chambers of City Hall: R-85-17/SP-78-02A2/ Rezone Petition R-85-17, Specific Plan SP -78-02A2, and PA -85-222 Planning Action PA -85-222, Abdul Mozayeni, authorized Mozayeni/Montgomery agent for Donald Montgomery, to rezone property at 801 Paularino Avenue from R2 to R4; to amend the Specific Plan by reducing landscaped setbacks on Paularino Avenue and Randolph Street; a Conditional Use Permit for a density bonus with provision for low- and moderate -income housing; and variances for excess compact parking and from open space requirements for a 66 -unit apartment project. Environmental Determina- tion: Negative Declaration. REJECTED CLAIMS On motion by Council. Member Wheeler, seconded by Council Niederhauser Member Schafer, and carried 5-0, the claim from Kurt Niederhauser was rejected. Biezunski On motion by Council Member Wheeler, seconded by Council Member Schafer, and carried 5-0, the claim from Kurt Biezunski was rejected. Auto Club/ On motion by Council Member Wheeler, seconded by Council Baldridge Member Schafer, and carried 5-0, the claim from Automo- bile Club of Southern California/John Baldridge was rejected. ADMINISTRATIVE ACTIONS One bid received for 1985-86 Street Maintenance, Radiant Heat Process, is on file in the Clerk's office. On 1985-86 Street motion by Council Member Wheeler, seconded by Council Maintenance, Member Schafer, the contract was awarded to Griffith Radiant Heat Company, 3650 Cherry Avenue, Long Beach, for $23,000.00. Process The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, MOTION Schafer, Hall, Wheeler Awarded to NOES: COUNCIL MEMBERS: None Griffith Company ABSENT: COUNCIL MEMBERS: None Bid Item 698 "A" Bids received for Bid Item 698, Revision "A", are on Towable Air file in the Clerk's office. On motion by Council Member Compressor Wheeler, seconded by Council Member Schafer, the con- tract was awarded to Active Kubota, Incorporated, 1809 MOTION South Manchester Avenue, Anaheim, for $8,350.10. The Awarded to motion carried by the following roll call vote: Active Kubota AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "A" The Purchasing Agent has requested approval of Change Ultimo Order "A" for $1,979.34, to the contract with Ultimo, 24421 Barbados Drive, Dana Point, in conjunction with Bid Item 694 Bid Item 694, Remodel Basement in Police Building. Remodel Basement in The change order is required for additional electrical Police Building and telephone outlets. On motion by Council Member Wheeler, seconded by Council Member Schafer, the change ME MOTION order was approved by the following roll call vote: Change Order AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Approved Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 1 The Director of Leisure Services has requested approval R. J. Noble of Change Order No. 1 for $9,415.63, to the contract with R. J. Noble Company, Post Office Box 620, Orange. TeWinkle Park, The change order is required for field measurement Presidio Square, correction of materials in conjunction with improvements and Balearic Center at TeWinkle Park, Presidio Square, and Balearic Center. Improvements On motion by Council Member Wheeler, seconded by Council Member Schafer, the change order was approved by the MOTION following roll call vote: Change Order AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Approved Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Lease Agreement with An agreement with the County of Orange was presented: County of Orange Lease by the County of City -owned property known as Seal Program by the Mesa Verde Library, 2969 Mesa Verde Drive East. Mesa Verde Library The previous lease agreement.covered a 10 -year period and the proposed agreement also stipulates a period of MOTION 10 years. The terms of the lease agreement are detailed Work Accepted in a letter to the Council dated December 27, 1985, from MOTION the Public Services Director. On motion by Council Agreement Approved Member Wheeler, seconded by Council Member Schafer, the lease agreement 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, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract 12564, Elden Bay Tract 12564 Investment Group, 1182 Southeast Bristol Street, Suite Elden Bay 100, Santa Ana; one lot, 0.462 -acre, located at 2575 Investment Group Elden Avenue. On motion by Council Member Wheeler, seconded by Council Member Schafer, the map was MOTION approved; the Council did accept on behalf of the Map Approved public the dedication of the three-foot public utility easement, and the ingress/egress easement for emergency and security vehicle purposes as dedicated; did also approve said map 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. 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 Campletion The 1983-84 Slurry Seal Program has been completed to 1983-84 Slurry the satisfaction of the Public Services Director by Seal Program by Slurry Mix Company, 5500 East Second Street, Long Beach. Slurry Mix Campany On motion by Council Member Wheeler, seconded by Council Member Schafer, the work was accepted; the Clerk was MOTION authorized to file a Notice of Completion; authorization Work Accepted was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. 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 5 Notice of Completion Miscellaneous Improvements at Rea Community Center have Improvements at Rea been completed to the satisfaction of the Leisure Cmmunity Center by Services Director by H.J.H. Western Contractors, 14450 H.J.H. Western Hoover Street, Westminster. On motion by Council Member Contractors Wheeler, seconded by Council Member Schafer, the work was accepted; the Clerk was authorized to file a Notice MOTION of Campletion; authorization was given to release the Work Accepted retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Appointments to The Director of Personnel has recommended the appoint - Safety Employees ments of Michael Treanor, Fire Department, and Richard Retirement Ccomittee Johnson, Police Department, to two-year terms on the Safety Employees Retirement Cmmittee. Their terms will MOTION expire December 31, 1987. On motion by Council Member Appointments Wheeler, seconded by Council Member Schafer, and carried Approved 5-0, the appointments were approved. Application for On motion by Council Member Wheeler, seconded by Council Street Improvement Member Schafer, Resolution 86-1, being A RESOLUTION OF Funds THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION MOTION TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED TRANSPORTA- Resolution 86-1 TION TRUST FUND THE IMPROVEMENT OF HARBOR BOULEVARD, Adopted VICTORIA STREET, AND WILSON STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Fuel Efficient Program Grant Application MOTION Resolution 86-2 Adopted On motion by Council Member Wheeler, seconded by Council Member Schafer, Resolution 86-2, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING A FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM GRANT APPLICATION, 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 Enforcement The Traffic Cco mission has recommended recruitment and for Street Sweeping utilization of nonsworn police personnel for parking enforcement in order to expand the program for parking MOTION prohibitions for street sweeping. On motion by Council Referred to Member Wheeler, seconded by Council Member Schafer, and City Manager carried 5-0, this item was referred to the City Manager. Parking Prohibition The Traffic Omission has recemmended that parking be on Canyon Drive prohibited on Canyon Drive, Wilson Street to Victoria Street, for street sweeping. On motion by Council MOTION Member Wheeler, seconded by Council Member Schafer, Resolution 86-3 Resolution 86-3, being A RESOLUTION OF THE CITY COUNCIL Adopted OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARK- ING ON THURSDAYS BETWEEN 8:00 A.M. AND 10:00 A.M. ON A PORTION OF CANYON DRIVE FOR THE PURPOSE OF STREET SWEEP- ING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 16 Parking Prohibition Item 12(b) on the Consent Calendar was presented: A West of Harbor - recommendation from the Traffic Commission that parking Gisler to Baker be prohibited in the area west of Harbor Boulevard from Gisler Avenue to Baker Street, on Thursdays, 9:00 a.m. to 12:00 p.m., for street sweeping. The Commission found street sweeping to be ineffective due to dense parking on all streets in this neighborhood. Council Member Wheeler disagreed with the need for park- ing prohibition in the subject area. He stated that it was his personal observation that the streets and gut- ters utters are as clean as in any other section of the City. MOTION A motion was made by Council Member Hall to return this Referred Back to item to the Traffic Cc mnission for further evaluation. Traffic Commission The motion was seconded by Council Member Wheeler, and carried 5-0. OLD BUSINESS The City Clerk presented from the meeting of November 18, 1985, a study concerning backpack blower devices. Backpack Blower Devices Robert Ida, 10772 Penn Avenue, Garden Grove, represent- ing the Orange County Gardeners Association, Incorpor- ated, stated that cities attempting to ban the blowers have found that the ordinance is not enforceable. Mr. Ida commented that members of his organization have been educating blower device users on the proper handling of this equipment in order to mitigate noise and debris problems. The City Manager referred to his report of January 2, 1986. He pointed out that actions by various cities have included establishment of regulatory ordinances, guidelines for backpack blower use, outright prohibi- tion, and nonregulation. The City Manager mentioned that the City's park maintenance crew also use the blowers. MOTION Council Member Schafer made a motion directing the Mayor Letter to League to send a letter to the Orange County Division, League of Cities of California Cities, soliciting the League's support, Authorized and support from all Orange County cities, requesting manufacturers to develop a method of reducing blower noise. The motion was seconded by Council Member Hall, and carried 5-0. Vice Mayor Hornbuckle suggested that the City adopt guidelines similar to those adopted by the City of Laguna Beach. Those guidelines were included with the City Manager's memorandum of January 2. Council Member Wheeler commented that the blower devices violate the City's noise ordinance; however, he was aware that enforcement of the code would be a difficult task. Council Member Wheeler stated that since he did not believe Council would support a total ban of the devices, he would be agreeable to adopting an ordinance regulating their use. Council Member Wheeler made a motion directing staff to draft an ordinance allowing the use of electric blowers only, and prohibiting their use between 7:00 p.m. and 9:00 a.m. The motion died for lack of a second. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Blower Device Council Member Hall, to adopt guidelines similar to the Guidelines Adopted Laguna Beach guidelines, and to distribute these proce- dures to all licensed gardeners, to those gardeners applying for new business licenses, and to be distrib- uted in any other feasible manner. Vice Mayor Hornbuckle asked the park maintenance workers guidelines. the City Manager to direct to follow the established Council Member Wheeler coimmented that the guidelines do not include a time at which use of the devices must cease. Motion Amended Vice Mayor Hornbuckle mended her motion by adding to the guidelines that use of the devices shall stop at 9:00 p.m. The amended motion was seconded by Council Member Hall, and carried 5-0. Sid Soffer, 900 Arbor Street, Costa Mesa, was of the opinion that the gardeners guidelines have helped in reducing noise. Reduced Speed Limit on motion by Council Member Hall, seconded by Council on Orange Avenue Member Wheeler, Ordinance 85-36, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AMENDING SECTION 10-331 OF THE MUNICIPAL CODE OF THE Ordinance 85-36 CITY OF COSTA MESA TO ESTABLISH A SPEED LIMIT OF 25 Adopted MILES PER HOUR ON ORANGE AVENUE, was given second read- ing and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None R-85-13 The City Clerk presented for second reading and adop- tion, Ordinance 85-37, changing the zoning of property Downtown located between West 19th Street, Park Avenue, Plumer Redevelopment Street, and Anaheim Avenue, including that portion of Plumer Street extending approximately 384 feet east of Anaheim Avenue, frau R2, Cl, and C2 to R4, in conjunc- tion with Rezone Petition R-85-13, Costa Mesa City Council, for the Lincoln Property Company apartments. Council Member Wheeler opposed the rezone because he felt the high density designation would adversely affect the surrounding area. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in opposition to the rezone. MOTION On motion by Council Member Schafer, seconded by Vice Ordinance 85-37 Mayor Hornbuckle, Ordinance 85-37, being AN ORDINANCE Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZOINING OF A PORTION OF LOTS 1 THROUGH 13, INCLUSIVE, AND LOTS A, B, AND C OF TRACT 74 FROM R2, Cl, AND C2 TO R4, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer NOES: COUNCIL MEMBERS: Hall, Wheeler ABSENT: COUNCIL MEMBERS: None WARRANTS On motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member Schafer, Warrant Resolution 1308, including Pay - Warrant 1308 rolls 8525 and.8526, was approved by the following roll Approved call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Warrant 1309 Member Schafer, Warrant Resolution 1309 was approved by Approved the following roll call vote: WE AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER REPORTS As requested by Council at the meeting of October 21, 1985, the City Manager presented his report dated Veterans Hall December 23, 1985, concerning rehabilitation of the Rehabilitation Veterans Hall located at Park Avenue and 18th Street. The report details the condition of the facility and its deficiencies in terms of develognent/building standards. MOTION On motion by Council Member Hall, seconded by Council City Manager Member Wheeler, and carried 5-0, the City Manager was Directed to directed to negotiate arrangements with the County of Negotiate with Orange (the current owner of the building), and the Orange County local veterans organization, concerning rehabilitation of the Veterans Hall. Sergeant Jackson The City Manager requested authorization for staff and Memorial the Costa Mesa Police Association to arrange for a plaque to be placed at the Costa Mesa Helipad in memory of Sergeant Carl Jackson, Costa Mesa Police Department, whose death occurred on January 1, 1986. The City Manager also recommended that the helipad be named in honor of Sergeant Jackson who was instrumental in the formation of the City's police helicopter program. MOTION A motion was made by Council Member Wheeler, seconded Memorial by Council Member Schafer, and carried 5-0, authorizing Approved the Sergeant Jackson memorial as recommended by the City Manager. PUBLIC HEARING The City Clerk announced the public hearing, continued Appeal of PA -85-164 from the meeting of December 16, 1985, to consider an ICN Pharmaceuticals appeal of the Planning Commission's denial of Planning Action PA -85-164 from ICN Pharmaceuticals, Incorporated, 3300 Hyland Avenue, Costa Mesa, for an amendment to the Planned Signing Program by allowing signage above the first story and excess letter height, located at the above address in an MP zone. Environmental Determina- tion: Exempt. The Development Services Director reviewed staff's memoranda of October 31 and November 14, 1985, reporting that the applicant is proposing to remove the existing ground sign and to install two 34 -square -foot wall signs at the third story level. The letters in the ICN logo are proposed at 38 inches; Code limits letter heights to 20 inches. The applicant wishes to obtain maximum free- way exposure. He has compared the site to ccamercial uses along the San Diego (405) Freeway; however, this is an industrial building. Applications for signs above the first story have been denied for other industrial buildings in the area (Harbor Gateway, Cambridge Park, and Canadian Indemnity) as well as for commercial build- ings across the street. Jerry King, J. A. King and Associates, Incorporated, No. 1 Civic Plaza, Suite 250, Newport Beach, represent- ing epresenting the applicant, submitted a list of 25 industrial buildings with signs/logos above the first floor level, including tilt -up buildings. Mr. King stated that removal of the ICN ground sign will enhance the site, and the proposed signs represent a reduction in square foot signage. The Development Services Director commented that after reviewing the list submitted by Mr. King, it was his opinion that some of these signs are illegal. The 1 Director repeated that the City has consistently denied signs above the first story in the industrial area. Ann Mound, 3128 Country Club Drive, Costa Mesa, urged Council to deny the request. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his opinion that the applicant's proposal met the intent of the Sign Ordinance. There being no other speakers, the Mayor closed the public hearing. Council Member Wheeler stated that he believed the proposed signage would be more aesthetically pleasing. He suggested that staff be directed to draft an amend- ment to the Sign ordinance for commercial and industrial areas which would allow signage above the first story if the square footage of the sign is reduced and the monu- ment sign eliminated. Vice Mayor Hornbuckle felt that the portion of the Sign ordinance which relates to the industrial districts should remain the same since a cainittee of industrial- ists had requested stringent regulations at the time the ordinance was adopted in 1974. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Denial by Planning Council Member Schafer, to uphold the Planning Ccnis- Commission Upheld sion's denial of the request based on the findings that there are no special circumstances which would justify granting a variance to allow signage above the first floor and to exceed letter height maximum; the subject property is not deprived of any privileges enjoyed by other properties in the vicinity under the same zone; and the proposed signage will not be compatible with the purpose and intent of the Sign Code, and would consti- tute a grant of special privilege inconsistent with the limitations on other properties concerning signage above the first story. Council Member Wheeler commented that the industrial area has changed since 1974 and that the Sign Ordinance should be re-evaluated from time to time. Mayor Hertzog.stated that even though she agrees that the proposed signage would provide better identifica- tion for the site, she was concerned that approval of the request would encourage many others in industrial areas to ask for the same privilege. Council Member Hall stated that it is difficult to anticipate all future changes when an ordinance is first written. He pointed out that the proposed signage would reduce the total signage at the site. Council Member Hall made a substitute motion to approve PA -85-164, amending the Planned Signing Program to allow two 34 -square -foot wall signs in lieu of one 150 -square - foot ground sign, based on the following findings: the amendment is a reduction in total signage and would improve the appearance of the site; the proposal is consistent with the intent of the Sign ordinance and the General Plan; signs included in the Planned Signing Program meet the minimum design standards adopted for that purpose; and approval does not constitute a grant of special privilege or allow substantially greater visibility than the standard ordinance provisions allow. The substitute motion died for lack of a second. The original motion to uphold the Planning Commission's denial carried 4-1, Council Member Hall voting no. A motion was made by Council Member Wheeler requesting staff to prepare a report regarding possible regulations and options for signage above the first story in co mner- cial and industrial zones. Vice Mayor Hornbuckle felt that the staff should not be asked to write additional reports at this time because of the General Plan Review which is now being prepared. Council Member Hall suggested that the report being requested by Council Member Mieeler be discussed during Public Hearing No. 6 which deals with modifications to the Sign Ordinance. The motion requesting staff to prepare a report died for lack of a second. PUBLIC HEARINGS Because the next three public hearings concern proper - SP -85-01 Area ties within the area for Specific Plan SP -85-01 (between East 17th Street, East 16th Street, Newport Boulevard, and Orange Avenue, except for the Von's Shopping Center), all three hearings were announced and consid- ered at the same time. The City Clerk announced that this was the time and place set for the public hearings to consider the following Rezone Petitions: R-85-14 Continued from the meeting of November 4, 1985, Rezone City Council Petition R-85-14, Costa Mesa City Council, to rezone 11 parcels from C2 (General Business District) to C1 (Local Business District) or CL (Cmmercial Limited District) located at 1600, 1604, 1648-1670 Newport Boulevard, 186-198 East 16th Street, 1605 Orange Avenue, and the southeast corner of East 17th Street and Newport Boulevard. Environmental Determination: Negative Declaration adopted for Specific Plan SP -85-01. R-85-16 Rezone Petition R-85-16, Richard M. Dodd, authorized Dodd/Schwartz agent for Paul Schwartz, for permission to rezone property at 1607 Orange Avenue from R2 (Multiple - family Residential) to C1 (Local Business Ccomercial). Environmental Determination: Negative Declaration adopted for General Plan Amendment GP -85-1C. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. R-85-18 Rezone Petition R-85-18, Richard M. Dodd, authorized Dodd/Sampson agent for Herbert F. Saanpson, for permission to rezone property at 1604 Newport Boulevard and 1609 Orange Avenue from R2 (Multiple -family Residential) to C1 (Local Business Commercial). Environmental Determina- tion: Negative Declaration adopted for General Plan Amendment GP -85-1C. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Senior Planner referred to staff's memorandum dated December 31, 1985, which summarizes previous actions taken by the Planning Commission and the City Council for the subject properties. The Planning Ccomission has recc mmended adoption of an amendment to Specific Plan SP -85-01 to permit C1 zoning. .� The rezone petitions were discussed at the Council Study Session of December 9, 1985, and most of the property owners within the Specific Plan area were in attendance. A spokesman for the property owners objected to CL zoning, and asked for provisions to allow additional building height and .intensity as lot combination incen- tives if C1 zoning is adopted. Based upon the apparent wishes of the property owners for Cl zoning, and the Planning Commission's recommenda- tion to amend Specific Plan SP -85-01 to permit Cl zon- ing, Council Member Schafer suggested that all items be continued to May, 1986, to accanplish these changes. Council Members Hall and Wheeler indicated agreement with that recommendation. Richard Dodd, 201 Shipyard Way, Berth A, Cabin F, Newport Beach, authorized agent for Paul Schwartz and Herbert Sampson, stated that he supported Cl zoning, and had no objection to the continuance of these items. Mr. Dodd also supported development steps suggested by staff which would tie in building height and development intensity to various access and lot combinations. Vicky Dinger, 3402 South Olive Street, Santa Ana, owner of Mesa Center Automotive, 196 East 16th Street, asked that her property remain C2. She opposed the Cl zoning because she believed her business would then became a nonconforming use. The Development Services Director reported that Mesa Center Automotive is a nonconforming use in either the Cl or C2 zone because of its proximity to the residential area. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the accuracy of the information contained in the Staff Report, and disputed the statement that most property owners preferred Cl zoning. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, expressed concern because there were very few people present this evening to discuss these items. Mayor Hertzog responded that there have been several public hearings and the property owners are aware of the proposed changes. Richard Dodd spoke again and commented that most people in the audience felt.the same as he does about the pro- posed rezones and Specific. Plan.Amendment. MOTION On motion by Council.Member Hall,.seconded by Council Held Over; Staff Member Wheeler, and carried 5-0, the three public hear - Directed to Draft ings were continued to the meeting of May 5, 1986; staff Changes was directed to draft an amendment to Specific Plan SP -85-01 to permit Cl zoning, stipulating that the present businesses in the Specific Plan area shall be designated as "permitted uses"; and staff was directed to include steps within the Cl zoning allowing various levels of development intensity. RECESS The Mayor declared a recess at 8:40 p.m., and the meet- ing reconvened at 8:50 p.m. PUBLIC HEARING The City Clerk announced the public hearing to consider Appeal of PA -85-210 an application froom McLarand, Vasquez and Partners, from McLarand et al Incorporated, 695 Town Center Drive, Suite 300, Costa Mesa, authorized agent for Mola Development Corporation/ Segerstram Project Americana Properties/land and Ccmpany, appealing the Planning Commission's approval of Planning Action PA -85-210, Harris Architects, authorized agent for C. J. Segerstran and Sons, for a Conditional Use Permit to expand an existing auto dealership with variances from rear, side, and front setback and interior landscaping requirements, located at 2888 Harbor Boulevard, in a Cl zone. Environmental Determination: Negative Declara- tion. The Affidavit of Publication is on file in the Clerk's office. No ccmmunications have been received. The Development Services Director reported that the appellant has requested withdrawal of the appeal since the applicant has modified his proposal. This modifi- cation will be heard by the Planning Commission at its meeting of January 27, 1986. MOTION On motion by Council Member Hall, seconded by Council Appeal Withdrawn Member Mieeler, and carried 5-0, this item was with- drawn as requested by the appellant. PUBLIC HEARING The City Clerk announced that this was the time and Amendments to the place set for the public hearing to consider an amend - Sign Ordinance ment to Title 5 of the Costa Mesa Municipal Code clari- fying sections of the Sign Ordinance. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Senior Planner reviewed staff's memorandum dated December 27, 1985, containing Sign Ordinance amendments which are merely clean-up measures, and include modifi- cations recommended by the Planning Commission, the Planning staff, and the City Attorney. In addition to the amendments in the draft ordinance, staff has recommended a change on Page 3: delete the word "color" from the definition for "Alteration". The Sign Ordinance does not regulate color. Staff met with members of the Chamber of Commerce Sign Committee and they recommended that the time limit for removal of -certain signs under Section 5-121(h) be 60 days rather than 30 days. Because the enforcement process is time consuming anyway, staff does not feel that this change would be detrimental. The Board of Realtors recommended adoption of the sections relating to residential real estate signage. Jerry King, J. A. King and Associates, Incorporated, No. 1 Civic Plaza, Suite 250, Newport Beach, cammented that tilt -up buildings have some advantage as to place- ment of signs. He requested that this inequity be addressed in the Sign Ordinance. The Development Services Director responded that the amendments contained in the draft ordinance are minor "patch up" changes, not substantial modifications. Maureen Di Domenico, 941 Coronad Drive, Costa Mesa, mentioned that she worked on the Sign Committee in 1974 and is pleased with the present Sign Ordinance. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the use of "nuisance" in the draft ordinance. MOTION A motion was made by Council Member Hall to give first Ordinance 86-1 reading to Ordinance 86-1, being AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading CONCERNING CHANGES TO CLARIFY THE SIGN ORDINANCE, including the deletion of the word "color" on Page 3 as recommended by staff, and changing "30 days" to "60 days" in Section 5-121(h). The motion was seconded by 1 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 Second reading and adoption of Ordinance 86-1 will be scheduled for the meeting of January 20, 1986. A motion was made by Council Member Hall requesting staff to study the issue of building height versus the number of floors relative to signing, and to submit that report at the first meeting in April, 1987. During discussion, the Development Services Director mentioned that there are other substantive changes in the Sign Ordinance that staff would like to investigate, such as, the size of ground signs on various sized lots. MOTION Council Member Hall withdrew the above motion and made Staff Directed to another motion, directing staff to suggest some substan- Prepare Report on tive changes to the Sign Ordinance relative to building Sign Ordinance heights and sign heights, and to submit a report to the Changes Council whenever that study is completed. The motion was seconded by Council Member Wheeler. Vice Mayor Hornbuckle opposed the study because she felt that some of the changes being considered would weaken the ordi- nance. The motion carried 4-1, Vice Mayor Hornbuckle voting no. PUBLIC HEARING The City Clerk announced that this was the time and Sale of Alcoholic place set for the public hearing to consider an ordi- Beverages at nance prohibiting the sale of alcoholic beverages at Gasoline Stations gasoline service stations. Environmental Determina- tion: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director reported that the ordinance was prepared at the request of the Council. Staff surveyed 16 Orange County cities, 6 of which have outright bans on the sale of alcoholic beverages at service station sites, and 1 city is considering such a ban. Further details of the survey are contained in staff's memorandum dated December 31, 1985. In addition to prohibiting concurrent sale of alcohol and gasoline, the proposed ordinance classifies exist- ing xisting service station/mini-markets as nonconforming uses. The ordinance also prohibits on-site advertising and refrigeration of alcoholic beverages at these existing businesses. The Planning Commission recommended adop- tion of the ordinance. The Director referred to staff's memorandum dated January 3, 1986, stating that after review of the word- ing in Section 13-875, staff realized that stores such as Fedco and Sears would be prohibited from selling alcohol because there are gasoline stations on the same sites. Since this condition would not be conducive to convenient or impulse purchases of the two items together, the following revision to Section 13-875 was recommended: "It shall be unlawful to sell or deliver any alcoholic beverage on the same building site where motor vehicle fuel is sold, except where the dispensing and sale of motor vehicle fuel is separated by at least three hundred (300) feet from the building where alcoholic beverages are sold". (Added wording is underlined.) Robert Hanson, 3261 Oregon Avenue, and Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, spoke in support of the proposed ordinance. Sid Soffer, 900 Arbor Street, Costa Mesa, opposed the ordinance. Douglas Yates, 274 Cecil Place, Costa Mesa, stated that he supports the ordinance, but he would have preferred if the ordinance were to include existing mini -market/ service stations. There being no other speakers, the Mayor closed the public hearing. PUBLIC HEARING The City Clerk announced that this was the time and Abandonment at place set for the public hearing to consider abandonment Harbor and Newport of surplus City right-of-way on Harbor and Newport Boulevards at The Courtyards. The Affidavit of Publica- tion is on file in the Clerk's office, and the property was posted as required by law. A ccmmunication has been received from The Metropolitan Water District of Southern California, Post Office Box 54153, Tenninal Annex, Los Angeles, stating that it has no existing or proposed facilities within the area and has no objection to the vacation. A communication was also received from Southern Cali- fornia Gas Ccmpany, Post Office Box 3334, Anaheim, requesting that a permanent easement be reserved and excepted from the abandonment. The Clerk ccamented that public utility easements were excepted in the legal description for the property. The Public Services Director reported that the abandon- ment has been requested in order to correct minor errors on Parcel Maps 84-376 and 84-388. Although the abandon- ment map indicates that a substantial amount of land is to be vacated (Parcel 1), this land will be rededicated under a separate document. The only land to be perma- nently abandoned will be two small areas (Parcels 2 and 3) near The Courtyards driveways on Harbor and Newport Boulevards. The Resolution of Abandonment and the Rededication Document will be recorded simultaneously. There being no speakers, the Mayor closed the public hearing. Council Member Wheeler stated that even though he is opposed to drunk driving, he did not believe the ordi- nance would mitigate the problem. He also felt that the ordinance interferes with the free market and would set a dangerous precedent. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 86-2 Member Hall, Ordinance 86-2, being AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading CONCERNING PROHIBITION AGAINST CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND MOTOR VEHICLE FUEL, including the revision of Section 13-875 as recommended by staff, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle', Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The City Clerk announced that this was the time and Abandonment at place set for the public hearing to consider abandonment Harbor and Newport of surplus City right-of-way on Harbor and Newport Boulevards at The Courtyards. The Affidavit of Publica- tion is on file in the Clerk's office, and the property was posted as required by law. A ccmmunication has been received from The Metropolitan Water District of Southern California, Post Office Box 54153, Tenninal Annex, Los Angeles, stating that it has no existing or proposed facilities within the area and has no objection to the vacation. A communication was also received from Southern Cali- fornia Gas Ccmpany, Post Office Box 3334, Anaheim, requesting that a permanent easement be reserved and excepted from the abandonment. The Clerk ccamented that public utility easements were excepted in the legal description for the property. The Public Services Director reported that the abandon- ment has been requested in order to correct minor errors on Parcel Maps 84-376 and 84-388. Although the abandon- ment map indicates that a substantial amount of land is to be vacated (Parcel 1), this land will be rededicated under a separate document. The only land to be perma- nently abandoned will be two small areas (Parcels 2 and 3) near The Courtyards driveways on Harbor and Newport Boulevards. The Resolution of Abandonment and the Rededication Document will be recorded simultaneously. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council Resolution 86-4 Member Schafer, Resolution 86-4, being A RESOLUTION OF Adopted. THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF EXCESS CITY RIGHT-OF-WAY ON HARBOR AND NEWPORT BOULEVARDS AT THE COURTYARDS, was adopted by the following roll call vote: The City Clerk presented the following applications AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Housing Project Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None project at 2501 Harbor Boulevard, in a PDR -HD zone: ABSENT: COUNCIL MEMBERS: None NEW BUSINESS for Tract 12558R Fairview Development Company, 2510 North Shelley The Clerk presented an appeal of the Public Services Appeal of Denial Director's decision to deny a request from. Henry L. to Close a Portion Gats, Zand and Company, Incorporated, 1425 Village of Village Way/ Way, Costa Mesa, for partial street closure of Village Zand and Company Way for construction purposes. The Director of Public Services advised the Council that staff issues permits for closure of lanes for public right-of-way improvements for a short term. The Director stated that it is routine to deny use of the public right-of-way for private construction, and that this type of request from Regis Hones was denied recently. The Director reported that Mr. Gats proposes to fence off part of Village Way; however, the City usually allows storage on the sidewalk or parkway only, not on the street. Henry Gats, the appellant, stated that there is no room on the site to store the construction trailers. Also, the adjacent property owners, C. J. Segerstron and Orange Coast College, have rejected his offer to lease a portion of their properties for storage purposes. Mr. Gats outlined his plan to provide two 12 -foot traffic lanes, lights to warn vehicles, and a 4 -foot walkway for pedestrians. Parking for employees has been provided on-site. Mr. Gats indicated that traffic is light and very few cars park in the area. Mr. Gats also mentioned that he would require use of the street for 9 to 12 months. While responding to questions fron the Council, Mr. Gats reiterated that it was not possible to store the trailers on-site. Council Members Hertzog and Hall suggested that possibly something could be worked out with one of the adjacent property owners, and thereafter, Mr. Gats withdrew his appeal. MOTION On motion by Council Member Hall, seconded by Council Appeal Member Wheeler, and carried 5-0, the appeal was with - Withdrawn drawn. The next two items were presented together because both projects involve the same property. Fairview Hospital The City Clerk presented the following applications Housing Project in connection with the Fairview State Hospital housing project at 2501 Harbor Boulevard, in a PDR -HD zone: Tentative Map Tentative Map for Tract 12558R, Frank Kinstrand, for Tract 12558R Fairview Development Company, 2510 North Shelley Circle, Costa Mesa, authorized agent for the State of California, for a six -lot subdivision for 406 apartments; and PA -85-183 Planning Action PA -85-183, for a Final Planned Devel- opment Review for a 406 -unit apartment project. Environmental Determination: Environmental Impact Report accepted for General Plan Amendment GP -85-1A. Council Member Council Member Wheeler left the Chambers and did not Wheeler Leaves participate in the voting for these items. A communication has been received from Fairview Develop- ment Company requesting a continuance of both items to February 3, 1986. MOTION On motion by Council Member Hall, seconded by Vice Held Over . Mayor Hornbuckle, the Tentative Map for Tract 12558R and Planning Action PA -85-183 were referred to the Study Session of February 10, 1986, and continued to the Council meeting of February 18, 1986. The motion carried 4-0, Council Member Wheeler absent. Council Member Council Member Wheeler returned to the Council Chambers Wheeler Returns at this time. PA -85-215 The City Clerk presented Planning Action PA -85-215, Meehan/Thomas Milton Meehan and -Billy Thomas, 2319 Margaret Drive, Newport Beach, for a Conditional Use Permit for shared access, and a variance frc'm minimum driveway width requirements, to allow access to a previously approved four -unit apartment project at 221-1/2 and 231-233 Avocado Street in an R2 zone. Environmental Determina- tion: Exempt. The Development Services Director reported that this item has been brought forward for clarification of the Council's directives. At the meeting of November 18, 1985, the Director had requested Council review of building permits for the four -unit project in connec- tion with Development Review DR -85-39. Council directed that the landscape planter along the north property line of 221-1/2,Avocado Street shall be extended to the westerly property -line; and that a six-foot high wood fence shall be constructed along the westerly property line of 221 Avocado Street. At the Planning Commission meeting of December 23, 1985, the applicant questioned the Council intent of the land- scaping requirement since it was his understanding that he would be allowed to install a gate between 221 and 221-1/2 Avocado Street to provide for the future use of the easement. The Council action to require the land- scaping would preclude the installation of the gate. Council Member Hall stated that the intent of his motion was for erection of an eight -foot wide hinged fence, to prevent access to that easement for 221-1/2 Avocado Street since that property has changed from a single- family to a multi -family use. Bill Thomas, 8855 Atlantic Avenue, Huntington Beach, stated that if landscaping were used instead of a gate, it would appear that he and Mr. Meehan were abandoning the easement. Mr. Thomas assured the Council that only he and Mr. Meehan would use the gate on occasion, and that tenants of the apartment project would be pro- hibited from using the gate. The Development Services Director suggested that Condi- tion No. 3 provide for a 12 -foot easement (instead of 8 feet) across the applicants' other property at 231-233 Avocado Street back to 221-1/2 Avocado Street. The Director recommended that Condition No. 3 be reworded to read: "A reciprocal access agreement acceptable to the 7 Planning Division shall be recorded prior to occupancy of the units.at 221-1/2 Avocado Street to ensure the long -tern availability of the shared access". MOTION A motion was made by Council Member Hall to modify Corr Conditions Modified dition No. 1 to read: "Permit a gate to be used across for PA -85-215 the easement on the northerly property line at 221-1/2 Avocado Street to limit access to that property at 221 Avocado Street, that the gate shall be locked at all times and shall be used only by Mr. Meehan and Mr. Thomas"; and.modify Condition No. 3 as stated by the Development Services Director. The motion was seconded by Vice Mayor Hornbuckle, and carried 5-0. COUNCILMANIC COMMENTS Council Member Wheeler announced that he would be sending a memorandum to,the Council regarding campaign Campaign contribution limitations, and asked for their input on Limitations this subject. Traffic Comumission Vice Mayor Hornbuckle requested that the duties of the Duties Traffic Commission be reviewed at the Study Session of February -10, 1986. Council Member Wheeler suggested, and the Vice Mayor agreed, that the Traffic Commis- sioners attend that Study Session. LAFCO Mayor Hertzog, the City's representative on the City Appointments Selection Committee, League of California Cities, announced that at their last meeting, discussion was held regarding appointments to the Orange County Local Agency Formation Commission (LAFCO). Philip Schwartze of San Juan Capistrano, present nonvoting alternate member, is seeking appointment to LAFCO as a voting member; Evelyn Hart of Newport Beach and Richard Polis of La Palma are seeking the appointment as the nonvoting ■1 alternate member. Mayor Hertzog suggested that Council support Mr. Polis (northern area of the County) as alternate in order to retain an equal representation from all portions of the County. Council Member Wheeler preferred an alternate from the southern area of the .County because he" -felt that person would better serve the needs of,Costa'Mesa. MOTION Schwartze and Polis A motion was made by Council Member Hall;; seconded by Supported for LAFCO Vice Mayor Hornbuckle, supporting Phillip Schwartze as Appointments a LAFCO voting member, and Richard'Polis as alternate. The motion carried 4-0, Council Member -,Wheeler voting no. ADJOURNMENT The Mayor declared the meeting adjourned at 10:50 p.m. Mayok-of the City of Co t�,esa ATTEST: ity Clerk of the City of Costa esa