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HomeMy WebLinkAbout01/20/1986 - City Councilt REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 20, 1986 The City Council of the City of Costa Mesa, California, met in regular session January 20, 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 Chaplain Lloyd Sellers, Hoag Memorial Hospital -Presbyterian. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, City Attorney," Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Council Member Hall, seconded by Council December 18, 1985, Member Wheeler, and carried 5-0, the minutes of the January 6 and 13, adjourned meeting of December 18, 1985, the regular 1986 meeting of January 6, 1986, and the adjourned meeting of January 13, 1986, were approved as distributed. ORDINANCES A motion was made by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. ANNOUNCEMENT Mayor Hertzog announced that Public Hearing No. 4, an appeal of Planning Action PA -85-220 from Joanne A. MacQuarrie,'would be continued to the meeting of February 3, 1986. ORAL COMMUNICATIONS Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the accuracy of a staff memorandum concerning the DR -85-39 environmental determination discussed at the Council Meehan Property meeting of November 18, 1985, in connection with Development Review DR -85-39, for property at 221-1/2 Avocado Street. Mr. Soffer did not believe that Ms. Chris Sproul, State Resources Agency, had stated that the Meehan project was exempt from the California Environmental Quality Act. Mr. Soffer commented that the letter frau Ms. Sproul does not adequately answer his questions. The Council directed that no further staff time be spent on this issue. CONSENT CALENDAR The following items were removed frau the Consent Calen- dar: Item 5(b), Change orders in connection with the Santa Ana -Delhi storm drain project; Item 9, Initiative measure pertaining to joint and several liability; and Item 10, Designing and Remodeling the Costa Mesa Golf and Country Club. On motion by Council Member Hall, seconded by Council Member Schafer, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Hall, seconded by Council Member Schafer, and carried 5-0, the following Reading Folder items were received and processed: 29 Claims Claims received by the City Clerk: Mariann Aston; Bruce Bailey; Attorney Beau Janes Nokes on behalf of Peggy Foster, Amy Foster, Arnie James Foster, and Shawn Foster; Louise Lcmega; Attorney Robert J. Gokoo on behalf of Newport -Mesa Unified School District; Rose Petrocca; and Attorney Richard G. Simonson on behalf of Sherry Ann Schieno. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Hyo Licenses Do and Mi Won Chung/Insil and Kyung Wan Kim, doing business as Sunshine Liquor Store, 724 West 19th Street; John M. Zubieta, doing business as The Gilded Cage, 1714 Placentia Avenue; Elizabeth M. Corbo, doing business as Airport Express Sandwich and Catering Service, 3198 Airport Loop Drive, Suite "F"; Suman Saigal, doing business as Cozy Nook Pizza, 1835-D Newport Boulevard, Suite 157; Donald R. and Margo C. Marquis/Patricia B. and Stephen A. Perkey, doing busi- ness as The Metro Emporium, 535 Anton Boulevard; Beatriz and Luis M. Rodriguez, doing business as Pasta Connection, 1902 Harbor Boulevard; Orange County Performing Arts Center, 600 Town Center Drive; and Lee W. Pigott, doing business as Take -Ten, 3303 Harbor Boulevard, Unit K-9. REJECTED CLAIM On motion by Council Member Hall, seconded by Council Solomon Member Schafer, and carried 5-0, the claim from Jeffrey Y. Solomon was rejected. ADMINISTRATIVE ACTIONS Bid Item 671 "A" Copy Machines MOTION Awarded to Copy -Line Bid Item 701 Paper Folder MOTION Awarded to A. B. Dick Rate of Pay for City Attorney MOTION Resolution 86-5 Adopted Change Order No. 3 Advanco Constructors Bids received for Bid Item 671, Revision A, Lease of Two Copy Machines for the Police Department, are on file in the Clerk's office. On motion by Council Member Hall, seconded by Council Member Schafer, the contract was awarded to Copy -Line Corporation, 260 West Cerritos Avenue, Anaheim, for $1,711.00 per month. 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 Bids received for Bid Item 701, One Paper Folder, are on file in the Clerk's office. On motion by Council Member Hall, seconded by Council Member Schafer, the contract was awarded to A. B. Dick Company, Incorpor- ated, 3598 Cadillac Avenue, Costa Mesa, for $7,833.05 including tax. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Council Member Hall, seconded by Council Member Schafer, Resolution 86-5, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE RATE OF PAY FOR THE CITY ATTORNEY UNDER THE EXECUTIVE JOB CLASSIFICATIONS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Director of Public Services has requested approval of Change order No. 3 for $26,163.00, to the contract with Advanco Constructors, Incorporated, 1500 West Ninth Street, Upland. Additional work is required by 1 Harbor -Maple the Orange County Flood Control District in connection Storm Drain with the Harbor -Maple -Storm Drain project. On motion by Council Member Hall, seconded by Council Member MOTION Schafer, the change order was approved by the follow - Change Order ing roll call vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The City Manager.has recommended approval of an agree - Carpenter, Zenovich ment with Carpenter, Zenovich and Associates, 1121 "L" and Associates Street, Suite 210, Sacramento, for $5,000.00 per month. The contract is for services in connection with passage of Senate Bill 1257, concerning noise from the Pacific Senate Bill 1257 Amphitheatre. On motion by Council Member Hall, Amphitheatre seconded by Council Member Schafer, the agreement was approved, and the Mayor and Clerk were authorized to MOTION sign on behalf of the City. The motion carried by the Agreement following roll call vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Hall, seconded by Council No. 86-30 Member Schafer, Budget Adjustment No. 86-30 for Golf Course $16,500.00, to purchase new golf course equipment and Equipment supplies, and to replace six doors at the clubhouse, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Adjustment Schafer, Hall, Wheeler Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Hall, seconded by Council No. 86-31 Member Schafer, Budget Adjustment No. 86-31 for TeWinkle Park and $3,600.00, to reconstruct the parking lot at TeWinkle Balearic Center Park, and to renovate the play lot at Balearic Center, Improvements was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, MOTION Schafer, Hall, Wheeler Adjustment NOES: COUNCIL MEMBERS: None Approved ABSENT: COUNCIL MEMBERS: None ACA 7 (Mountjoy) The City Manager has recommended support of Assembly Constitutional Amendment 7 as sponsored by Assemblyman Nonpartisan Local Richard Mountjoy. Details of the amendment are con - Elections tained in the City Manager's memorandum of January 15, 1986. ACA 7 would amend the State Constitution, clearly banning partisan politics in elections concerning judi- cial, school, county, and city offices. On motion by MOTION Council Member .Hall, seconded by Council Member Schafer, Support of ACA 7 and carried 5-0, the Mayor was authorized to sign a Authorized letter supporting the amendment, and to send copies of the letter to the City's local representatives. Change Order Item 5(b) on the Consent Calendar was presented: Change Nos. 5, 6, and 8 Order Nos. 5, 6, and 8, for $13,450.00, $11,904.33, and Mladen Buntich $11,708.01, respectively, to the contract with Mladen Buntich Construction Company, 9946 Rancho Caballo Drive, Santa Ana -Delhi Sunland. The City has requested additional work in Storm Drain conjunction with construction of the Santa Ana -Delhi storm drain. Council Member Wheeler was concerned that Change Order No. 6, special phasing by the City's contractor to allow the Holiday Inn construction to remain on schedule, and to retain room for storm drain construction, is provid- ing a subsidy to a private contractor. The Public Services Director responded that he would discuss the matter of re -imbursement with the Holiday Inn people. Council Member Wheeler commented that Change Order No. 8 has been necessitated because of utility lines not being accurately shown on the City's plans. The Public Services Director responded that he has not yet determined if the City's consultant or the utility commpany is at fault; however, he will attempt to obtain re -imbursement from whomever made the error. MOTION On motion by Council Member Hall, seconded by Council Change Orders Member Schafer, the change orders were approved by the Approved following roll call vote: AYES: COUNCIL.MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Council Member Council Member Wheeler announced that as a trial Wheeler Left the attorney, he has cases pending which would put him in Chambers conflict with the next,item, an initiative concerning joint and several liability. In view of this informa- tion, Council Member Wheeler stated he would not be voting on the next item and thereafter left the Council Chambers. Joint and Several Item 9 on the Consent Calendar was presented: An Liability initiative amending the doctrine of joint and several Initiative liability. The City Manager has recommended that the Council support this measure. In his memorandum of Golf Course Design January 15, 1986, the City Manager reported that under and Remodeling existing law, tort damages awarded to plaintiffs in court against multiple defendants may all be collected from one defendant. In the case of municipalities and other governmental agencies, this has contributed to MOTION the "deep pocket" situation whereby local agencies are MOTION included in lawsuits even though there may have been Initiative little or no basis for finding them at fault. On motion Supported by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 4-0, Council Member Wheeler absent, the Council went on record in support of the initiative measure. Council Member Council Member Wheeler returned to the Council Chambers Wheeler Returned at this time. Agreement with Item 10 on the Consent Calendar was presented: An Golf Plan Golf agreement with Golf Plan Golf Course Construction Course Construction Company, Post Office Box 1823, Santa Rosa, to design and remodel the Costa Mesa Golf and Country Club. Golf Course Design Cost for the project is $595,000.00. and Remodeling In response to Sid Soffer's inquiry, the City Manager reported that the funds for the project will come fron the Enterprise Fund (green fees), not fron tax dollars. MOTION On motion by Council Member Hall, seconded by Vice Mayor Agreement Hornbuckle, the agreement was approved, and the Mayor A ppYovbd 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 OLD BUSINESS The City.Clerk presented for second reading and adop- Sign Ordinance tion, Ordinance 86-1, concerning minor changes to the Amendments Sign Ordinance. I�l During discussion, the Development Services Director responded to questions frau Council Member Wheeler. The Director reported that the word "color" was removed frau the definition of "alteration" (Page 3) because the ordinance does not regulate color. The Director also reported that the deadline for removal of signs relating to inoperative activities was changed frau 30 to 60 days in Section 5-121(h) at the suggestion of the Chamber of Commerce Sign Committee, and staff had no objection to that change. MOTION On motion by Council Member Hall, seconded by Vice Mayor Ordinance 86-1 Hornbuckle, Ordinance 86-1, being AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING CHANGES TO CLARIFY THE SIGN ORDINANCE, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Sale of Alcoholic The City Clerk presented for second reading and adop- Beverages at tion, Ordinance 86-2, banning the sale of alcoholic Gasoline Stations beverages at gasoline stations. Sid Soffer, 900 Arbor Street, Costa Mesa, was opposed to the ordinance because he could see little connec- tion between drunk driving and.mini-market liquor sales. Council Member Wheeler stated he could not support the ordinance because there is not enough evidence linking the sale of liquor at mini -markets to drunk driving, and because he believes the ordinance is economically discriminating. Vice Mayor Hornbuckle commented that the ordinance is a reasonable one, and people in the community are in favor of it. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 86-2 Member Hall, Ordinance 86-2, being AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING PROHIBITION AGAINST CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND MOTOR VEHICLE FUEL, 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 R-80-05 The City Clerk presented for second reading and adop- Kruger tion, Ordinance 80-11, to rezone property at 187, 189, 193,.and 195 East 18th Street, and at 1797 Orange Ave- nue, from R2 to R4, in connection with Rezone Petition R-80-05, Emmanuel Kruger. Council Member Wheeler stated that R4 zoning would adversely affect the surrounding residential area. MOTION On motion by Council Member Hall, seconded by Council Ordinance 80-11 Member Schafer, Ordinance 80-11, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 122, NEWPORT HEIGHTS TRACT, FROM R2 TO R4, was.given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Schafer, Hall NOES: COUNCIL MEMBERS: Hornbuckle, Wheeler ABSENT: COUNCIL MEMBERS: None Ll 3 34 Vice Mayor Hornbuckle commented that she is not can- fortable with the fact that this ordinance was given first reading in 1980 and second reading has not cane forward until now. She suggested that the Municipal Code be changed limiting the time between first and second readings of ordinances. MOTION Staff Directed to A motion was made by Vice Mayor Hornbuckle, seconded by Provide Alternatives Council Member Hall, and carried 5-0, directing staff for Ordinances to provide alternatives for rezone ordinances. WARRANTS On motion by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, Warrant Resolution 1310, including MOTION Payroll 8601, was approved by the following roll call Warrant 1310 vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING. The City Clerk announced the public hearing, continued Rehearing of from the meeting of December 16, 1985, for rehearing of GP-85-3A/R-85-10 General Plan Amendment GP -85-3A and Rezone Petition Burtner/Fodor R-85-10, from Bob Burtner, authorized agent for Robert Fodor, to change the land use designation frau Medium Density Residential to High Density Residential, and to rezone frau R2 to R4, for property at 543 Victoria Street. Environmental Determination: Negative Declara- tion. These applications were denied by the Council on November 4, 1985. A cacumunication has been received from John Lattanzio, Lapel Development Corporation, Post Office Box 2471, Huntington Beach, representing the applicant, request- ing that the public hearing be continued to February 3, 1986, because the drawings for the proposed project have not been completed. Council Members Hornbuckle and Wheeler opposed any further continuances. Council Members Hertzog, Schafer, and Hall agreed that it has been Council policy to allow continuances when requested by the applicant. MOTION A motion was made by Council Member Hall, seconded by Held Over Council Member Schafer, to continue the public hearing to February 3, 1986. The motion carried 3-2, Council Members Hornbuckle and Wheeler voting no. Mr. Burtner was present and was advised by the Mayor that these items definitely will be heard February 3. PUBLIC HEARING The City Clerk announced that this was the time and R-85-17/SP-78-02A2/ place set for the public hearing to consider Rezone PA -85-222 Petition R-85-17, Specific Plan SP -78-02A2, and Planning Mozayeni/Montgomery Action PA -85-222, Abdul Mozayeni, authorized agent for Donald Montgomery, to.rezone property at 801 Paularino Avenue frau 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 hous- ing; variances for excess compact parking and from open space requirements for a 66 -unit apartment project; and consideration for bond financing. Environmental Deter- mination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No carmunications have been received. The Development Services Director summarized staff's memoranda of January 9 and 15, 1986, and the Staff Report. Applicant proposes to construct 66 apartments in two stories on a 1.7 -acre site. The project includes 48 one -bedroom, one -bath units, and 18 two-bedroom, two -bath units. One of the development standards,in Specific Plan SP -78-02 required all projects to use Randolph Street for its primary access and orientation. The project provides two access points on Randolph'Street and one on Paularino Avenue. There is some question as to whether or not the proposed site design meets that requirement because the internal circulation system allows equal access to both Paularino Avenue and Randolph Street, and because additional open parking spaces for guests are provided off the Paularino Avenue access point. The desirability of the Paularino Avenue access is enhanced by the proximity of the Bear Street and Bristol Street freeway on and off ramps, the dis- tance of the Randolph Street access points to Baker Street, and higher traffic volumes on Baker Street. Staff has recommended alternative solutions: narrowing of the driveway, restricting use of the driveway to emergency use only, designing a less direct connection between Paularino Avenue and Randolph Street, relocating the additional open parking spaces to the south end of the project, or dividing the access so no through circu- lation is provided. Staff did not support the applicant's requested devia- tion from the Specific Plan setbacks for Paularino Avenue and for Randolph Street. Staff could support a 20 -foot setback for most of Randolph Street and a reduced setback, perhaps 15 feet, at the cul-de-sac portion of Randolph Street for the westernmost portion of the building. Staff recommended no reduction of the Paularino Avenue setback and wall requirements. The Planning Cmnission recommended denial of both Rezone Petition R-85-17 and'the amendment to Specific Plan SP -78-02A2. The Commission did not take action on either the Negative Declaration nor Planning Action PA -85-222. Vice Mayor Hornbuckle pointed out that on Page 7 of the Staff Report, it indicates that the project will have a significant impact on the level of fire service in Costa Mesa; however, the Negative Declaration does not reflect that finding. The Director responded that if the Negative Declaration is adopted, it should be amended to reflect that impact, and mitigating measures added. Les Mazer, J. Ray Construction Company, 2699 White Road, Suite 150, Irvine, representing the applicant, gave a presentation on the design of the project, and stated that relief from setback requirements is needed in order to provide more common open space in the interior of the project. The applicant, Don Montgomery, 801 Paularino Avenue, Costa Mesa, commented that he could not understand why the Planning Commission recommended denial; however, he felt that it may have been because of traffic the project may generate. Mr.,Montgonery referred to a 1983 traffic study for the subject area, prepared by Linscott, Law and Greenspan, Incorporated, and based on that information, he was of the opinion that the NEi7 project would not adversely impact the nearby areas. Mr. Montgomery named the commercial developments in the vicinity which are listed in the Linscott Study, and stated that because of these projects, there is a need for close -in high density housing. While answering questions from Council Member Wheeler, Mr. Montgomery indicated that high density housing should be.approved because of the massive commercial development; however, he did concede that there was no way of predicting if occupants of the project would necessarily be employed at the surrounding commercial businesses. Jean Park, 789 Paularino Avenue, Costa Mesa, owner of a pre-school at 795 Paularino Avenue, asked if there would be an on-site manager when the project is com- pleted. Mr. Mazer responded that a manager would live on the premises. Mrs. Park also expressed concern with automobile emissions since garages for the development are located next to the pre-school. In response to a question from Council Member Hall, Mr. Mazer stated that if the Council denied the setback variance along Paularino Avenue, a major design modi- fication would be necessary. There being no other speakers, the Mayor closed the public hearing. Vice Mayor Hornbuckle objected to the high density, the minimum open space being proposed, and the requested setback variances. Council Member Hall commented that sometimes lower density can generate more people and traffic because there are usually more bedrooms per unit in low density projects. Council .Member Hall believed that this is an appropriate area for high density housing, that the project is reasonable and feasible, and that there is a need for one -bedroom units. Council Member Wheeler stated that the property should remain R2; the proposed project will adversely affect traffic flow in the area; and there is a need for family housing, not bachelor units. Mayor Hertzog commented that because of the value of the land, it may not be economically feasible for the appli- cant to construct two- and three-bedroom apartments. MOTION A motion was made by Council Member Hall to adopt the Negative Negative Declaration of Environmental Impact, modifying Declaration the Initial Study of Environmental Impacts, Section II, Adopted Subsection C, indicating that the project will have a significant impact upon fire protection, and that miti- gating measures shall be as stated in Conditions 26 through 30 of the Staff Report. The motion was seconded by Vice Mayor Hornbuckle, and carried 5-0. Council Member Hall commented that he believed R4 zon- ing is appropriate for the area, and mentioned that there were no residents in attendance at the Planning Commission meeting nor at this Council meeting opposing the project. Motion to Approve A motion was made by Council Member Hall, seconded by R-85-17 Failed to Council Member Schafer, to approve Rezone Petition Carry R-85-17 for R4 zoning by giving first reading to the 1 d.n � ordinance. The motion failed to carry 3-2, Council Members Hertzog, Hornbuckle, and Wheeler voting no. MOTION Council Member Wheeler moved to deny Rezone Petition R-85-17 Denied R-85-17. The motion was seconded by Vice Mayor Hornbuckle, and carried 3-2, Council Members Hall and Schafer voting no. The Development Services Director reported that there was no need to take action on the Specific Plan. MOTION On motion by Council Member Wheeler, seconded by Vice PA -85-222 Denied Mayor Hornbuckle,-Planning Action PA -85-222 was denied, based on the finding that the zoning inconsistent. The motion carried 3-2, Council Members Hall and Schafer voting no. MOTION A motion was made by Council Member Wheeler, seconded Bond Financing by Vice Mayor Hornbuckle, to deny the request for bond Denied financing. The motion carried 3-1, Council Member Schafer voting no, and Council Member Hall abstaining. RECESS The Mayor declared a recess at 8:45 p.m., and the meeting was reconvened at 9:00 p.m. Council Member Council Member Wheeler announced that he has represented Wheeler Left the Mr. Roushan in some legal matters and therefore he would Council Table not be participating in the next public hearing. PUBLIC HEARING The City Clerk announced that this was the time and Appeal of PA -85-207 place set for the public hearing to consider an appeal Roushan of the Planning Commission's denial of Planning Action PA -85-207 from Mohammad Ali Roushan, 336 Vista Baya, Costa Mesa, for variances from parking, wall height, and landscaped "setback requirements, in conjunction with construction of a stone wall 14 feet high, and a castle tower. 28 feet high, at an existing restaurant located at 1550 Superior Avenue in an MG zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director showed slides of the subject site, and reviewed staff's memorandum dated January 13, 1986. The original location proposed for the wall was on the front property line; however, the applicant modified this request so that the wall would be 5 feet from the front property line. The required setback is 10.feet which should be landscaped and visi- ble from the street. In the appeal, the applicant has requested a 3 -foot front setback because he feels the project would not be feasible if the setback were greater. Staff has recommended that the applicant canply with all Conditions.of Approval for Zone Exception ZE-84-20 so that the application can be renewed; however, the planter boxes in front of the wrought iron fencing enclosing the outdoor storage have not yet been land- scaped. Staff contends that the landscaping is neces- sary to screen the equipment stored behind the fence. Normally, storage must be totally screened with opaque fencing. The Director stated that since the wall would impair the vision of drivers exiting the adjacent property, Condi- tion No. 12 was reworded to read: "Provide a vision clear area according to City standards at the driveway entrance on-site, and at the driveway adjacent to the IV 8 subject property to the north. The wall shall be at least 11 feet off the curb base and shall not be in the right-of-way". The Director mentioned that the wall would require deletion of one parking space, but the applicant could re -stripe in accordance with the compact car parking section of the Code. If the applicant agrees with that modification, a variance would not be required. Mohammad Roushan reported that in order to construct the wall properly, a three-foot setback was the maximum he could provide. Mr. Roushan answered questions from the Council and referred to slides of the site to explain the proposed design. During discussion con- cerning the wrought iron fence and landscaping, the applicant stated that if the Council preferred that he erect an opaque fence, he would do so. Mr. Roushan agreed to work with staff to re -stripe the parking lot and to provide vision clear areas for vehicles and pedestrians. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the project. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hall to approve PA -85-207 Planning Action PA -85-207 based on the findings that it Approved is possible to provide adequate parking so that a vari- ance will not be required; conformance with the sur- rounding neighborhood is not desirable and this project, in fact, will improve the surrounding area; and subject to all conditions with Condition No. 12 modified as stated by the Development Services Director. The motion was seconded by Mayor Hertzog. AMENDED MOTION After further discussion, Council Member Hall amended Opaque Fencing his motion to include that an opaque fence shall be Required required to screen the outdoor storage. The amended motion was seconded by Mayor Hertzog, and carried 4-0, Council Member Wheeler absent. Mr. Roushan agreed to all conditions. Council Member Council Member Wheeler returned to the Council table Wheeler Returned at this time. PUBLIC HEARING The City Clerk announced that this was the time and Appeal of PA -85-220 place set for the public hearing to consider an appeal MacQuarrie of the Planning Ccomission's denial of Planning Action PA -85-220 from Joanne A. MacQuarrie, 280 East Wilson Street, Costa Mesa, for a Condititional Use Permit to construct a "Granny Flat" over an existing garage with a variance from parking, located at the above address in an R1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. Two communications have been received from the appli- cant: one in support of her application, and the other requesting a two-week continuance. A letter in opposition to the request has been received from Werner and Nancy Habel, 279 East Wilson Street, Costa Mesa. MOTION On motion by Council Member Hall, seconded by Council Held Over Member Schafer, and carried 5-0, this item was continued to the meeting of February 3, 1986. PUBLIC HEARING The City Clerk.announced the public hearing\ San Joaquin Hills the San Joaquin Hills Transportation Corrido, Transportation Thoroughfare and Bridge Fee Program. The Afi Corridor Publication is on file in the Clerk's office. communications have been received. The Public Services Director reported that 406 were mailed to property owners within the Area, fit (North Costa Mesa). Only four of these prof owners did not receive their notifications becau. forwarding addresses were.not available. One phc .� was received for information only. once the program is established, the City of Costa Mesa will collect fees from new developments only. The Director reccmended adoption of the Negative Declaration, to give first reading to the ordinance adopting a major thoroughfare and bridge fee program, and to adopt a resolution estab- lishing the Area of Benefit and the major thoroughfare and bridge fee program. The Director further recom- mended that when the ordinance is given second reading, the joint powers agreement should be approved. Responding to a question from Vice Mayor Hornbuckle, the Public Services Director reported that the Negative Declaration addresses only the Costa Mesa portion of the fee program. In answer to Council Member Wheeler's inquiries, the Director stated that the Negative Declaration concerns the fees only, not the project; and that when the Environmental Impact Report (EIR) is written, the Coun- cil will have the opportunity to review the document and to present comments. Certification of the EIR will be done by the Joint Powers Agency, and the City will have a representative on that board. Sid Soffer, 900 Arbor Street, Costa Mesa, did not agree with the program and designation of an Area of Benefit. It was Mr. Soffer's opinion that since freeways are used by all motorists, a fairer method of collecting fees would be by a gas tax or establishing toll roads. Gerald Odegaard, 6447 Via de La Reina, Bonsall, owner of property within the Area of Benefit, stated that he had received the Notice of Public Hearing but he needed additional information. Mr. Odegaard was concerned about equitable distribution of costs, and stated that at this time, he is not sure whether he is for or against the program. While responding to questions from Mr. Odegaard, the Director of Public Services reported that fee assessment should start in approximately 30 to 60 days. The City Manager pointed out that reference to dedica- tion of land will affect only the corridor area, not Costa Mesa. Mr. Odegaard responded that it would then be better for each City to adopt an ordinance tailored to its own needs. The Director of Public Services reported that the Joint Powers Agency is the lead agency and will make decisions as to whether developers shall contruct a bridge or a portion of the corridor in lieu of paying a fee. Council Member.Wheeler commented that it appears the Joint Powers Agency (JPA) will be given extensive lati- tude. The Director of Public Services responded that the entire program, which is a state route project, t : U will be controlled by JPA. The Director added that the project could be turned over to the State for mainte- nance if JPA so desires, or JPA could investigate the feasibility of keeping the route and making it a toll road. He also mentioned that the project must be included in the state system in order to obtain con- struction funds, not maintenance funds. Gerald Odegaard asked more questions on how the Area of Benefit and the fee program were formulated. The City Manager suggested that adoption of the resolution be delayed until the next Council meeting so that Mr. Odegaard's questions could be answered. Mr. Odegaard mentioned that he owns industrial property in the Area of Benefit and he does not understand the program. Malcolm Ross, C. J. Segerstrcm and Sons, 3315 Fairview Road, Costa Mesa, offered to meet with Mr. Odegaard to explain the program if that met with the approval of the Director of Public Services. Mr. Ross indicated that he has no objection to the fee program because the transportation corridors are extremely necessary. He admitted that the fees would be passed on to the consumer. Mr. Odegaard thanked Mr. Ross for offering to meet with him and explained that he merely needs more time to study the documents. Mr. Odegaard again questioned the method in which the Area of Benefit was decided. Council Members Hornbuckle and Wheeler stated that they did not have a copy of the ordinance, and for this reason, suggested that the public hearing be continued. MOTION A motion was made by Council Member Hall, seconded by Held Over Council Member Wheeler, and carried 5-0, to continue this item to February 3, 1986. Todd Siefert, 2455 Adair,Street, San Marino, asked if a toll or gas tax had been considered. Mayor Hertzog responded that a toll road would be very expensive. Jean Park, 789 Paularino Avenue, Costa Mesa, stated that two of her properties are impacted by the proposed corridor, yet the vacant parcel at Baker and Bear Streets was excluded. Mrs. Park reported that she has five properties near the Costa Mesa Freeway, and she had never been notified of the public hearings for the freeway extension. RECESS The Mayor declared a recess at 11:10 p.m., and the meet- ing was reconvened at 11:20 p.m. Further Discussion Council Member Hall reported that the Joint Powers Regarding Corridor Agency will be formed on January 30, 1986, regardless of what action the City may take. MOTION A motion was made by Council Member Hall, seconded by Representative Council Member Wheeler, and carried 5-0, authorizing Authorized for Costa Mesa representation at the JPA meeting and having JPA Meeting that person inform the JPA members that the City wants representation on the Agency if the Council adopts the program. MOTION A motion was made by Council Member Wheeler, seconded by Mayor Designated Council Member Hall, and carried 5-0, authorizing the City Representative Mayor to represent the City at the JPA meeting. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that the Government Code states that the Council has a-1 authority to collect fees; therefore, there was no need for the City to become involved with the trans- portation corridor.. NEW BUSINESS The Mayor presented a proposal for formation of an Automobile Dealers -Automobile Dealers Task Force. Task Force The City Manager reviewed his memorandum of January 17, 1986, along with a Committee Formation Application focusing on specific objectives of the committee. For discussion purposes, the City Manager made the following suggestions for committee membership: Five members representing automobile dealership of varying size and location._ Three members who are residents of the community. Two members of the City Council to serve as a liaison with the Committee. Council Member Schafer suggested that the Planning Commission Chairman, and a Chamber of Commerce member from the business community be added to the committee. Council Member Wheeler recommended more representation from the residents of the community. Council Member Schafer commented that possibly four residents, one from each sector of the City, could be appointed. Roy June, attorney for the Motor Car Dealers Associa- tion, stated that the members of the association welcome the formation of a task force, and many will be willing to serve on the committee. Mr. June cautioned against having too many members on the task force, and suggested. that the member from the Chamber of Commerce be one of the automobile dealer representatives. Council Member Wheeler preferred five car dealers, four residents, and two Council Members. Council Member Hall stated that if the task force had too many members, it may not be successful in reaching its objectives. Mr.. June asked if the Council required a report within 12 months. Mayor Hertzog responded that one year or sooner would be appropriate. John DeWitt, 2000 Balearic Drive, Costa Mesa, represent- ing the Mesa Verde Homeowners Association, was in favor of having four residents on the committee. Sid Soffer, 900 Arbor Street, Costa Mesa, insinuated that the only reason the Task Force is being formed is because the City is fearful of losing revenue if some car dealers were to move to other cities. MOTION. Council Member Wheeler made a motion, seconded by Vice Task Force Mayor Hornbuckle,_to establish the Automobile Dealers Established Task Force comprised of five automobile dealers, four residents, and two Council Members to serve as liaison with the Committee, with objectives as stated in the Committee Formation Application., The Mayor appointed Council Members Wheeler and Schafer as representatives on the Task Force. The motion carried 5-0. Later in the evening, during New Business, Item 2, Youth Advisory Committee, Council Member Wheeler resigned from the Automobile Dealers Task Force. Vice Mayor Hornbuckle was appointed to replace him. 2 Youth Advisory The City Manager presented his memorandum of January 16, Committee1986, concerning formation of a Youth Advisory Commit- tee, ommittee, along with an amended Committee Formation Applica- tion. The application contains the objectives of the Committee. The City Manager suggested that details pertaining to meeting times and location be taken up by the Committee membership once they have been appointed by the Council. He stated that if the Council approves the application, staff can prepare a press release and forward applica- tions to the.appropriate youth organizations in the City. The City Manager asked for one matter to be clarified: Does the Council desire to have one or more of its members appointed ex -officio members of the Committee as liaison with the full Council? Council Member Wheeler volunteered to serve on this Committee. Mayor Hertzog responded that she had already appointed him to the Automobile Dealers Task Force. Council Member Hall recommended that the Council repre- sentative act only as an observer during the Committee's meetings. He also felt that one Council Member was adequate representation. Mayor Hertzog appointed Vice Mayor Hornbuckle as an ex -officio member of the Youth Advisory Committee. Vice Mayor Hornbuckle was unable to service; therefore, Mayor Hertzog will serve on the committee. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Youth Committee Council Member Hall, creating a Youth Advisory Committee Established as recommended by the City Manager with one Council Member acting as liaison. The motion carried 5-0. Regulation of The City Clerk presented an ordinance which would Underground relinquish to the County of Orange, regulation of under - Storage Tanks ground storage tanks containing hazardous materials, and rescinding Ordinance 84-30 and Resolution 84-95, govern- ing underground storage tanks and fees for same. MOTION On motion by Council Member Hall, seconded by Council Ordinance 86-3 Member Schafer, Ordinance 86-3, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading TO RELINQUISH TO ORANGE COUNTY REGULATION OF UNDERGROUND STORAGE TANKS CONTAINING HAZARDOUS MATERIALS, was given first reading and passed to second reading by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCILMANIC COMMENTS Council Member Wheeler read his memorandum dated Janu- ary 17, 1986; concerning campaign contribution limita- Campaign tions. The memorandum indicates that many jurisdictions Contribution already have adopted ordinances which place limitations Limitations upon campaign contributions. The memorandum further states that it is Council Member Wheeler's goal to have campaign financing controls in place before the November, 1986, election. Motion to Prepare A motion was made by Council Member Wheeler, seconded a Report Failed by Vice Mayor Hornbuckle, requesting preparation of a to Carry report on limitation of campaign contributions, and to have that report distributed to the Council as soon as possible. The motion failed to carry 3-2, Council Members Hertzog, Schafer, and Hall voting no. Council Member Council Member Wheeler left the Council dais at this Wheeler Left time and did not participate in the remainder of the the Meeting meeting. Development Services Council Member Hall made the following statements Director Commended commending Douglas Clark, Development Services Director, who has accepted the position of City Manager of the City of Larkspur, California: "I want to commend one of the finest Development Services Directors the City has ever had. We recognize the contributions Mr. Clark has made to the community. I'm sure that Larkspur will be very pleased with Mr. Clark as its new City Manager, and I suggest that Larkspur be sent a copy of a minute excerpt commending Mr. Clark for his excellent, commend- able, and professional services which he has given to this community in the years he has been here. We are all proud of him for his accomplishments and his promo- tion to a new job. As I told the Council Members of Larkspur when they interviewed me, 'If you don't like him, send him back'. It's the best compliment I could give to anybody". Council Member Schafer agreed with Council Member Hall's statements and recommended that January 30, 1986, be proclaimed as "Douglas Clark Day" in the City of Costa Mesa. Mayor Hertzog thanked Mr. Clark for the tremendous job he has done." The Mayor congratulated him on his new appointment, expressing confidence that he would do as well in Larkspur as he has done in Costa Mesa. Doug Clark expressed his appreciation for the way all Council Members have treated him over the years. He stated that it has been a real pleasure to work in Costa Mesa and that it is difficult to leave, but he is ready for new challenges and looking forward to his new position. Water Committee On motion by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 4-0, Council Member Wheeler MOTION absent, authorization was give for the City to join the City Membership Southern California Water Committee. The membership Authorized fee is $750.00 annually. ADJOURNMENT The Mayor declared the meeting adjourned at 12:10 a.m. May r of the Cit of s Mesa ATTEST: V-" - y.,,Clerk of the City of Cost Vle sa