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HomeMy WebLinkAbout02/03/1986 - City CouncilROLL CALL MINUTES January 20, 1986 ORDINANCES REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 3, 1986 The City Council of the City of Costa Mesa, California, met in regular session February 3, 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 Pastor Chuck Simpson, Seventh Day Adventist Church. Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: Officials Present: None City Manager, City Attorney, Director of Public Services, City Clerk, Senior Planner On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the minutes of the regular meeting of January 20, 1986, were approved. 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. 2, an appeal of Planning Action PA -85-220 from Joanne A. MacQuarrie, will be continued to the meeting of February 18, 1986. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 3(j), Application for Leave to Present a Late Claim from Dineh Connor; and Item 10, Prohibition of overnight parking on San Leandro Lane. On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the following cammuni- Traffic Problems cation was referred to the Traffic Commission: Letter at Longwood Greens from Board of Directors, Longwood Greens Homeowners Association, 2768 Longwood Court, Costa Mesa, regarding MOTION commuters using streets in the Longwood development as Referred to a short cut to avoid the signal at Adams and Placentia Traffic Commission Avenues. READING FOLDER On motion by Vice Mayor Hornbuckle, seconded -:.by Council Member Wheeler, and carried 5-0, the following__Reading Folder Items were received and processed: ,_'_ Claims Claims received by the City.Clerk: Richard Beattie; Attorney Tory Planas on behalf of Jessie Casanova; Tom Lang; Hildegard M. Mariman; Randy Iouis,and Bernard Mathieson; Mesa Consolidated Water District; Eloise Ott; Norman G. Slatter; Southern California Edison Company; Attorney Michael J. Sundstedt on behalf of Stater Brothers Market; and Kwong Yu Wong. Alcoholic Alcoholic Beverage License applications for which Beverage, parking has been approved by the Planning staff: Licenses anerson Hess, William Morrow, Earl Soller, and Mary Waite, doing, business at 3333 Bristol Street, Space 1255; Phuong Thanh Le and Thang Quang Nguyen, doing business as Harbor Liquor, 1927 Harbor Boulevard, Suite B; The Southland Corporation, doing business as 7 -Eleven Store, 3001 South Bristol Street; Ichiro Tame, doing business as ilei, 2075 Newport Boulevard, No. 108; and Simon Wroclawsky, doing business as The Pizza Place, 735 West Baker Street, Suite B. Swan Drive Letter from Mike and Beverly Haas, 2731 Albatross Closure Drive, commending Council for the closure of Swan Drive. Letter frau Thomas and Marjorie Whaley, 2710 Gannet Drive, asking Council to reopen Swan Drive. Cat Leash Law Letter frcm Helen S. Nielsen, 2333 College Drive, requesting that a cat leash law be enacted. REJECTED CLAIMS on motion by Vice Mayor Hornbuckle, seconded by Council Cagney Member Wheeler, and carried 5-0, the claim frau William J. Cagney was rejected., Hayden On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Jennifer Hayden was rejected. Lomega on motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Louise Lomega was rejected. Menne On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim frau Karen Menne was rejected. Costa Mesa On motion by Vice Mayor Hornbuckle, seconded by Council Mitsubishi Member Wheeler, and carried 5-0, the claim from Costa Mesa Mitsubishi was rejected. Peterman on motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Claudia Petenman was rejected. Petrocca On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Rase Petrocca was rejected. , Truong On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Minh Duc Truong was rejected. Schieno On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Sherry Ann SclUeno was' rejected . Barone, et al On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, claims fran Larry F. Barone, et al, were rejected. Anderson, et al on motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, claims fram.Wayne Anderson, et al, were rejected. Chapin, et al on motion by Vice Mayor-Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, claims from Jean Chapin, et al, were rejected. Cooley, et al On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, claims from Dave Cooley, et al, were rejected. Groos, et al On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, claims from James Groos, et al, were rejected. Allstate/Chapman, On motion by Vice Mayor Hornbuckle, seconded by Council Colman, Dickerman, Member Wheeler, and carried 5-0, claims frau Allstate Dc mino, Fortelny, Insurance Ccampany on behalf of Lynwood Chapman, Brian Gelb, Graff, Kopp, and Josephine Coleman, Yoshiko Dickerman, Kenneth Lee, Leifsson, Domino, Richard and Karen Fortelny, Ronald Gelb, Miles Murillo Graff, Betty Kopp, Wiliam and Christina Lee, Asgeir Leifsson, and Frank Murillo, were rejected. Gott On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Daniel J. Gott was rejected. Jones On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Lloyd S. Jones was rejected. Klein On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Herbert C. and Jean G. Klein was rejected. Matsumoto On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from George Matsumoto was rejected. McGinnis On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Paul Hathaway McGinnis was rejected. Nader On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from James P. Nader was rejected. Profant On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Ann Profant was rejected. Robbins On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Barbara Robbins was rejected. Sabbagh On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Mr. and Mrs. Mitchell Sabbagh was rejected. Smietan On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Bob and Grace Smietan was rejected. ADMINISTRATIVE Bids received for Bid Item 707, Remodel the Dwelling ACTIONS at 2153 Placentia Avenue, are on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded Bid Item 707 by Council Member Wheeler, the contract was awarded to Remodel Dwelling Varkel Construction, Incorporated, 1651 Thurston Drive, Laguna Beach, for $10,245.00 including tax. The motion MOTION carried by the following roll call vote: Awarded to Varkel AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Construction Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 708 Bids received for Bid Item 708, Janitorial Services for Janitorial Services Various City Buildings, are on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded �1 [1 7 MOTION by Council Member Wheeler, the contract was awarded to Awarded to Universal Universal Building Maintenance Company, Incorporated, Building Maintenance 1310 West Collins Avenue, Orange, for $5,997.00 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 Maintenance of The Purchasing Agent has requested approval of a sole Police and City source purchase from Honeywell, Incorporated, 1800 East Hall Heating and Miraloma Avenue, Suite "A', Placentia, to furnish full Air Conditioning maintenance service on Honeywell automation system that Automation System controls the heating and air conditioning of the Police and City Hall buildings. This is a one-year contract MOTION for $18,828.00. On motion by Vice Mayor Hornbuckle, Purchase Approved seconded by Council Member Wheeler, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order 1 The Director of Public Services has recommended approval Bein and Frost of Change Order No. 1 for $4,000.00, to the contract with Robert Bein, William Frost and Associates, 1401 Del Mar Avenue EIR Quail Street, Newport Beach, for preparation of the Enviromnental Impact Report (EIR) to evaluate the widen- ing of Del Mar Avenue between Newport Boulevard and Irvine Avenue. The change order is required to include MOTION a four -lane standard without frontage road. On motion Change Order by Vice Mayor Hornbuckle, seconded by Council Member _ Approved Wheeler, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "A' The Director of Public Services has recommended approval Drimakis Painting of Change Order "A" for $2,500.00, to the contract with Drimakis Painting, Incorporated, Post Office Box 1166, Bid Item 693 Tehachapi, for painting of exterior trim on various City Painting City buildings per Bid Item 693. The change order is for Buildings additional work requested by staff. On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, MOTION the change order was approved by the following roll call Change Order vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "C" The Director of Public Services has recommended approval Frank Ultimo of Change Order "C" for $1,736.16, to the contract with Frank Ultimo, 24421 Barbados Drive, Dana Point, to Bid Item 694 remodel the police facility basement per Bid Item 694. Remodel Police The change order is to remove and replace the ceiling Facility Basement grid system and the installation of four supply grills and two return grills for the heating and air condi- MOTION tioning system. On motion by -Vice Mayor Hornbuckle, Change Order seconded by Council Member Wheeler, the change order Approved was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/Graves; The Leisure Services Director has recommended approval Budjet Adjustment of an agreement with Robert Clark Graves, Incorporated, No. 86-34 2192 Dupont Drive, Irvine, for $106,500.00, and Budget Adjustment No. 86-34 for $32,000.00, for renovation of Mesa Verde Drive the Mesa Verde Drive "loop". On motion by Vice Mayor "Loop" Hornbuckle, seconded by Council Member Wheeler, the agreement and budget adjustment were approved by the MOTION following roll call vote: Agreement and AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Budget Adjustment Schafer, Hall, Wheeler Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Canpletion of Improvements for Tract 10780 have been ccgmpleted to the Improvements for satisfaction of the Director of Public Services by Gary Tract 10780/Sauter Sauter, 321 Marine Avenue, Newport Beach, for property located at 383 Monte Vista Avenue. On motion by Vice MOTION Mayor Hornbuckle, seconded by Council Member Wheeler, Work Accepted the work was accepted, and the Savings Passbook for $11,000.00 was ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Improvements to the Parking Lot at TeWinkle Park, R. J. Noble Presidio Square, and the Multi-purpose Court at Balearic Center have been completed to the satisfaction of the TeWinkle Park/ Leisure Services Director by R. J. Noble O mpany, 15505 Presidio Square/ Lincoln Avenue, Orange. On motion by Vice Mayor Balearic Center. Hornbuckle, seconded by Council Member Wheeler, the work was accepted; the Clerk was authorized to file a Notice MOTION of Completion; authorization was given to release reten- Work Accepted tion 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 Water Ccmmittee On motion by Vice Mayor Hornbuckle, seconded by Council Membership Member Wheeler, Resolution 86-6, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION APPROVING MEMBERSHIP IN THE SOUTHERN CALIFORNIA WATER Resolution 86-6 COMMITTEE, INCORPORATED, was adopted by the following Adopted roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Business Permit/ Notice of Intention to Appeal or Solicit for Charitable United Cerebral Purpose has been received from United Cerebral Palsy Palsy Association, 3020 West Harvard'Street, Santa Ana, by telephone solicitation for useable goods from January 1 through December 31, 1986. On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). Application to Item 3(j) on the Consent Calendar was presented: Appli- File Late Claim cation for Leave to Present a Late Claim from Dineh from Connor Connor. Council Member Wheeler preferred to grant the applica- tion and reject the claim. [l MOTION A motion was made by Council Member Schafer, seconded by Application Council Member Hall, to deny the Application for Leave Denied- to Present a Late Claim. The motion carried 4-1, Council Member Wheeler voting no. Prohibition of Item 10 on the Consent Calendar was presented: Prohibi- Parking on San tion of parking between midnight and 6:00 a.m. on San Leandro Lane Leandro Lane, fran South Coast Drive to Redding Avenue. Stephen Eakin, 1054 Visalia Drive, Costa Mesa, spoke in support of the parking prohibition. He suggested that the easterly curb of San Leandro Lane be red -curbed south of Wakeham Park for a distance to be determined by the Traffic Commission, to improve safety conditions for the children in the area. He also recc mended that the same street be red -curbed near the intersection of South Coast Drive for sight distance improvement. The Mayor responded that his suggestions would be referred to the Traffic Commission. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 86-7 Member Wheeler, Resolution 86-7, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF SAN LEANDRO LANE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The City Clerk presented Ordinance 85-14 in connection R-85-06 with Rezone Petition R-85-06, Gussin/Carter/Crickmay, Gussin/Carter/ to rezone property at 781 and 785 West 18th Street frau Crickmay, R2 to R3. Council Member Wheeler supported the higher density because it is canpatible with the surrounding area. MOTION On motion by Council Member Hall, seconded by Council Ordinance 85-14 Member Schafer, Ordinance 85-14, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT 781 AND 785 WEST 18TH STREET FROM R2 TO R3, 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 Regulating Storage The City Clerk presented Ordinance 86-3 regarding stor- of Hazardous rage of hazardous materials. Materials Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the ordinances are not available to the public. The City Clerk reported that summaries of ordinances are published in the newspaper, including a statement that the document is available in the Clerk's office. MOTION On motion by Council Member Hall, seconded by Council Ordinance 86-3 Member Wheeler, Ordinance 86-3, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO RELINQUISH TO ORANGE COUNTY REGULATION OF UNDER- GROUND STORAGE TANKS CONTAINING HAZARDOUS MATERIALS, 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 4 WARRANTS On motion by Council Member Wheeler, seconded by Council Member Schafer, Warrant Resolution 1311, including Pay" MOTION roll 8602, and Warrant Resolution 1312, were approved by Warrants 1311 and the following roll call vote: 1312 Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None MOTION ABSENT: COUNCIL MEMBERS: None CITY MANAGER After brief discussion, a motion was made by Vice REPORTS The City Manager referred to his memorandum dated Janu- Approved ary 30, 1986, concerning social program funding. In Social Program keeping with City Council policy to reserve 10 percent Funding of Federal Revenue Sharing funds for social program funding, $27,500.00 was set aside in the 1985-86 budget for this purpose. At the time the 1985-86 budget was proposed, the President and Congress indicated that the program would be eliminated October 1, 1985. As a result, the City expected to receive one quarter of its annual allocation, $275,000.0.0. The situation changed after July 1, 1985, and the City will receive its full Federal Revenue Sharing alloca- tion of 1.3 million dollars for fiscal year 1985-86; however, the City will lose that allocation beginning in fiscal year 1986-87. The City Manager stated that if the Council desires to allocate additional funds in the current fiscal year (10 percent of the 1.3 million dollars now allocated, or $130,000.00), a budget adjustment will be required. MOTION A motion was made by Council Member Schafer, seconded Survey other Cities by Council Member Hall, directing the City Manager to and Declare 60 -day survey other cities on how items are placed on the Moratorium agenda by Council Members, and declaring a 60 -day moratorium on this matter. In conclusion, the City,Manager reported that since the Federal Revenue Sharing program will definitely expire in October, 1986, it will be necessary for the Council to consider the social program funding during the 1986- 87 budget discussions. If the Council intends to continue funding these programs, an alternative source of revenue must be identified. MOTION Funds Authorized; After brief discussion, a motion was made by Vice Budget Adjustment Mayor Hornbuckle, seconded by Council Member Schafer, Approved authorizing a total allocation of $130,000.00 from Federal Revenue Sharing funds for social program funding in fiscal year 1985-86, and approving Budget Adjustment No. 86-35 for $102,500.00. The motion car- ried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Placement of Items The City Manager presented his request for policy on Council Agenda direction regarding placement of items on the City Council Agenda. The City Manager summarized his memorandum of January 31, 1986, pointing out that staff has relied on the past practice whereby Council Members made a request during Councilmanic Ccanments to have an item placed on a subsequent agenda for discussion or action. There is no existing regulation or policy at this time except in Municipal Code Section 2-42: "Any matter not on the agenda may only be acted upon if deemed urgent by a Council Member or the City Manager". The City Manager suggested that the Council may want to inquire as to how this matter is handled in other cities in California. MOTION A motion was made by Council Member Schafer, seconded Survey other Cities by Council Member Hall, directing the City Manager to and Declare 60 -day survey other cities on how items are placed on the Moratorium agenda by Council Members, and declaring a 60 -day moratorium on this matter. 51 Council Member Wheeler opposed the survey and the mora- torium, and was of the opinion that a Council Member has the right to place items on the agenda. Vice Mayor Hornbuckle supported the portion of the motion directing the City Manager to conduct a survey of other cities; however, she objected to the 60 -day moratorium. Council Members Hertzog and Hornbuckle were in support of having those items introduced under Councilmanic Comments scheduled for a future Council agenda so that the matter could be open for public discussion. Council Member Hall stated that in the past, when an item was introduced during Councilmanic Comments, a decision was made as to whether or not the item should be scheduled for a Study Session or be placed on the Council agenda. Council Member Wheeler commented that at the last meet- ing, eeting, he had requested that a limitation on campaign contributions be investigated, and the motion failed to carry. As a result, he had the same item scheduled for tonight's meeting under New Business.. AMENDED MOTION At the request of Vice Mayor Hornbuckle, Council Member City Manager . Schafer amended her motion:. Direct the City Manager to Directed to Survey survey other cities on how items are placed on the other Cities agenda by Council Members (deleting reference to a 60 -day moratorium). The amended motion was seconded by Council Member Hall, and carried 4-1, Council Member Wheeler voting no. Further Discussion Jim Aynes, 2811 Loreto Avenue, Costa Mesa, was in favor Concerning Agenda of the campaign contribution d imitation being on the Items agenda for public discussion. Gerald Odegaard, 6447 Via de La Reina, Bonsall, stated that items introduced during Councilmanic Comments should not be acted upon at that time, but placed on the agenda for public discussion. Roy Thomas, 3762 Montego Drive, Huntington Beach, asked that more agendas be made available. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that more staff reports be made available for the public. Review of Traffic The City Manager referred to his memorandum dated Commission Duties January 31, 1986, stating that at the Council meeting of January 6, 1986, Council agreed to re-examine the duties of the Traffic Commission and scheduled the item for the Study Session of February 10, 1986. The Manager reported that because of the number of items on that agenda, he is recommending that this matter be resched- uled for the Study Session of March 10, 1986. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Rescheduled for Member Hall, and carried 5-0, review of Traffic Commis - March Study Session sion duties was rescheduled for the March Study Session. ADJOURNMENT TO At 7:15 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the Mayor's office for the purpose of discussing personnel matters. The regular meeting was reconvened at 7:35 p.m. PUBLIC HEARING The City Clerk announced the public hearing, continued Rehearing/GP-85-3A from the meeting of January 20, 1986, for a rehearing and R-85-10 of General Plan Amendment GP -85-3A and Rezone Petition Burtner/Fodor R-85-10, Bob Burtner, 2214 Newport Boulevard, Costa 52 Mesa, authorized agent for Robert Fodor, Route 1. Box 65/Cannel Road, Charsburg, Maryland, to change the land use designation from Medium Density Residential to High Density Residential, and to rezone from R2 to R4, for property at 543 Victoria Street. Environmental Deter- mination: Negative Declaration. These applications were denied by the Council on November 4, 1985. A letter has been received from Bob Burtner requesting a continuance to March 7, 1986. John Lattanzio, who was to make the presentation, is out of the state because his father is gravely ill. Council Member Wheeler opposed another continuance. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, reported that he has attended three meetings to speak on this item, and each time a continuance has been granted. He also mentioned that .the Mayor advised Mr. Burtner at the last Council meeting that these applications would be heard this evening. Sid Soffer, 900 Arbor Street, Costa Mesa, supported the applicant's request for another continuance. Council Member Hall believed that the request for a continuance should be granted based on the information that Mr..Lattanzio's father is seriously ill. Council Member Hall made a motion to continue the public hearing to March 7, 1986. The motion died for lack of a second. Roy Pizarek spoke again and commented that because of the heavy traffic on Victoria Street, it would be diffi- cult to make a left turn into the site, and emergency vehicles would have a problem entering the property. Sid Soffer spoke at length regarding the rights of property owners. He also disagreed with statements contained in the Staff Report. Bob Burtner stated that the people in that area want the subject property improved. He reported that the first drawings done by Mr. Lattanzio were incorrect and must be amended. Council Member Wheeler pointed out that if the rezone were approved, Council could not legally bind the applicant to develop the property in accordance with the new plans. Roy Thomas, 3762 Montego Drive, Huntington Beach, spoke in support of the request for higher density. Douglas Yates, 274 Cecil Place, Costa Mesa, was opposed to a higher density for the site, and commented on the high volume of traffic on Victoria Street. Gerald Odegaard stated that this project will not impact traffic to any great extent, and that applications should not be denied if R3 standards are met. Robert Hammond, 896 Capital Street, Costa Mesa, opposed the project because he felt it would set a precedent for that area., Sid Soffer spoke again in support of the proposed development. 3 There being no other"speakers, the Mayor closed the public hearing. MOTION - A motion was made by Council Member Wheeler, seconded Upheld Previous by Vice Mayor Hornbuckle, to uphold the Council's Denial of GP -85-3A previous denial of General Plan Amendment GP -85-3A and R-85-10 and Rezone Petition R-85-10. The motion carried 4-1, Council Member Hall voting no. PUBLIC HEARING The City Clerk announced the public hearing, continued Appeal of PA -85-220 from the meeting of January 20, 1986, to consider an MacQuarrie appeal of the Planning Coamission's denial of Planning Action PA -85-220 from Joanne A. MacQuarrie, for a Condi- tional Use Permit to construct a "granny flat" over an existing garage, with a variance from parking, located at 280 East Wilson .Street in an R1 zone. Environmental Determination: Exempt. A letter has been received fron Mary F. and Robert P. Earl, 2344 Cynthia Court, Costa Mesa, opposing the application. A ccmunication has been received from the applicant's authorized agent, Jerry A. King, J. A. King and Associ- ates, Post Office Box 7992, Newport Beach, requesting a two-week continuance. Mr. King's letter states that he has been out of town and has not had an opportunity to discuss the project with the neighbors. MOTION On motion by Council Member Schafer, seconded by Council Held Over Member Wheeler, and carried 5-0, the public hearing was continued to the meeting of February 18, 1986. RECESS The Mayor declared a recess at 8:30 p.m., and the meet- ing eeting was reconvened at 8:35 p.m. PUBLIC HEARING The City Clerk announced the public hearing, continued San Joaquin Hills from the meeting of January 20, 1986, for the San Corridor Joaquin Hills Corridor - Major Thoroughfare and Bridge Fee Program. The Director of Public Sery ic hearing was continued because given to the Council, and to at the last meeting. es reported that the public the ordinance had not been respond to questions raised The Area of Benefit in.Costa Mesa is only 3.2 square miles; however,.it includes virtually all of the vacant land in the City which can be developed, approximately 300 acres. The Director referred to a letter dated January 23, 1986, from Gerald Odegaard, 6447 Via de La Reina, Bonsall, owner of property within the Area of Benefit. Mr. Odegaard objected to certain portions of the pro- gram, asserting that the proposed fee is an illegal tax; the benefit zone is arbitrary; appropriation of addi- tional fees from housing will not serve the best inter- est of the City; and Newport Boulevard is the City's major traffic priority, not the San Joaquin Corridor. In response to the objections in Mr. Odegaard's letter, the Director referred to his memorandum of January 31, 1986, and reported that the program was carefully pre- pared by the County under State law to insure that the assessment is in proportion to the service provided. The Area of Benefit was based on traffic forecasts of corridor use, utilizing a large computer model of County traffic. The final result was the omission of developed areas and inclusion of growth areas such as properties north of the San Diego (405) Freeway. Staff did not comment on the relative priority of housing versus transportation, but since both are high goals, efforts to improve both are appropriate. The Director reported that because Newport Boulevard is funded for freeway construction north of 19th Street, and there is a State ccmmitment for completion south of 19th Street, local fee funding is not needed. Also, it is appropriate to attempt to solve more than one transportation problem. At the last Council meeting, the question arose as to why the vacant property at Bear and Baker Streets was not included in the benefit area. The Director reported that the property was not considered because the Corona del Mar (73) Freeway was used as the boundary for the Area of Benefit. Even if that area had been included, there would have been no decrease in fees. Mark Korando, 582 Park Drive, Costa Mesa, commented that increased fees for developers would put more pressure on the Council to increase density. Gerald Odegaard, Bonsall, referring to his letter of .January 23, 1986, reiterated his objections contained in that communication. Jean Park, 789 Paularino Avenue, Costa Mesa, owner of property within the Area of Benefit, opposed the corri- dor fee program because she felt it was not equitable, and that the major benefit would be derived by those in the southern portion of the County. There being no other speakers, the Mayor closed the public hearing. Council Member Hall stated that something must be done to alleviate traffic in the County and that cities must work together to accomplish that goal. Council Member Wheeler commented that the fee program is a tax because the developers intend to transfer the costs to the consumer. He reported that the most recent Orange County survey indicated that less than 50 percent of the voters supported this program. Council Member Wheeler made a motion to call for a special election in Costa Mesa to allow the residents of the City to decide whether or not they want to fund the freeway. The motion died for lack of a second. Council Member Wheeler commented that even if Costa Mesa does not join the Joint Powers Agency, the corridor will be built anyway. Council Member Schafer stated that it is important that all cities work together to improve traffic conditions in the entire County. She commented that there may be a time when Costa Mesa will need the support of the other cities in the County. Council Member Hall stated that construction of the corridor will alleviate some of the traffic on the San Diego Freeway. Mayor Hertzog agreed with earlier comments that Costa Mesa should cooperate with other cities in solving the traffic problems in the County. Vice Mayor Hornbuckle stated that freeways are a neces- sary evil; however, she did not believe that the fee program was the proper way to fund the corridors. r� MOTION A motion was made by Council Member Hall, seconded by Negative Council Member Schafer, to adopt the Negative Declara- Declaration tion of Environmental Impact. The motion carried 4-1, Adopted Council Member Wheeler voting no. MOTION On motion by Council Member Hall, seconded by Council Ordinance 86-4. Member Schafer, Ordinance 86-4, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading ADDING SECTION 13-315 TO THE MUNICIPAL CODE OF THE CITY OF COSTA MESA ADOPTING A MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Schafer, Hall NOES: COUNCIL MEMBERS: Hornbuckle, Wheeler. ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Hall, seconded by Council Resolution 86-8 Member Schafer, Resolution 86-8, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE AREAS OF BENEFIT AND THE MAJOR THOR- OUGHFARE AND BRIDGE FEE PROGRAM FOR THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR, was adopted by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Schafer, Hall NOES: COUNCIL MEMBERS: Hornbuckle, Wheeler ABSENT: 'COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 10:50 p.m., and the meet- ing was reconvened at -11:00 p.m. Appeal of The City Clerk announced the public hearing to consider ZE-84-203A an appeal of the Planning Commission's denial of Zone Newport Vacuum Exception ZE-84-203A from Newport Vacuum Center, author - Center ized agent for Goathill Properties, for an amendment to a Planned Signing Program at 1832-1/2 Newport Boulevard in a C2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Senior Planner summarized staff's memorandum dated January 27, 1986. The applicant's amendment is for inclusion of a product logo as part of a wall sign. The property is located in the commercial rehabilita- tion demonstration block and is subject to a Planned Signing Program, not the standard Sign Ordinance. The signing program only allows for display of the business name and business logo, not a product logo. If "Hoover" were part of the business name, the "Hoover" logo would be considered a permitted business logo. The Planned Signing Program is very specific in its prohibition of product logos. The applicant was not present. Sid Soffer, 900 Arbor Street, Costa Mesa, did not agree with the requirements of the Planned Signing Program. There being no other speakers, the Mayor closed the public hearing. Council Member Hall commented that the Planned Signing Program would permit more square footage and larger letters than that proposed by the applicant. Council Member Hall made a motion to approve the application; however, the motion died for lack of a second. Vice Mayor Hornbuckle stated that the applicant was aware of the Planned Signing Program and that it would be inequitable to grant an exception. 55 M MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Denial Upheld Council Member Schafer, to uphold the Planning Commis- sion's denial of Zone Exception ZE-84-203A. The motion carried 4-1, Council Member Hall voting no. NEW BUSINESS The City Clerk presented a report from Council Member Campaign Wheeler concerning investigation of campaign contribu- Contribution tion limitations for City Council elections. Limitations Council Member Wheeler referred to his memorandum dated January 23, 1986, and a proposed ordinance for campaign reform. The memorandum states that the reason for addressing this subject is to ensure that the amount contributed by any one person does not materially influ- ence the outcome of an election. Council Member Wheeler stated that the proposed ordi- nance provides for a $200.00 limitation on contributions from any one source. He reported that the cities of Huntington Beach, Westminster, Fountain Valley, San Juan Capistrano, Irvine, Newport Beach, and the County of Orange have ordinances limiting campaign contributions. Council Member Wheeler stated that the ordinance he has proposed is similar to the City of Irvine ordinance. Mayor Hertzog stated that she saw no need for the ordi- nance because there have been candidates who have spent large amounts of money for their campaigns and have lost the election. Douglas Yates, 274 Cecil Place, Costa Mesa, agreed with the campaign reform concept; however, he felt that the proposed $200.00 limitation could prevent a candidate from raising enough money to run an effective campaign. Mr. Yates stated that a candidate must raise a minimum of $4,000.00 for a Council election. Gerald Odegaard, 6447 Via de La Reina, Bonsall, stated that the proposed campaign limitation is merely another control which will open the door for greater problems. Sid Soffer, 900 Arbor Street, Costa Mesa, was of the opinion that the limitation should be on the dollars spent for the campaign. Motion for Campaign A motion was made by Council Member Wheeler, seconded Reform Failed to by Vice Mayor Hornbuckle, to set a public hearing to Carry consider a proposed ordinance for campaign reform. The motion failed to carry 3-2, Council Members Hertzog, Schafer, and Hall voting no. Mobile Home Park The Mayor presented the Mobile Home Park Study. Study The Senior Planner referred to staff's memorandum of January 29, 1986, which details State laws relating to mobile homes and trailers, and mobile home park conver- sions. The Senior Planner also summarized staff's memorandum of January 9, 1986, concerning the possibility of a new zoning classification for mobile hone parks. Staff has requested Council direction on the following issues: 1. Should a new zoning classification be established for mobile hone parks? 2. Should the mobile home park zone allow travel trailers as a permitted use, if the trailers are used as permanent residences? 7 3. TAhat standards should be included in the mobile hone park zone? (Standards are detailed in the memorandum.) 4. Should relocation/conversion criteria be estab- lished? The following persons spoke in support of a new zone classification for mobile hone parks: Earl A. Lane, Owners League Harbor City; Director of Golden State Mobilhone (GSMOL), 760-125 West Lanita Boulevard, Joanna Economakos, 3258 New York Avenue, Costa Mesa, whose mother lives at Trailertown, 327 West Wilson Street; Duane and Dawn Wipperman, residents of Trailertown, Space 81; and Don Hunter, 39 Channel Road, .Newport Beach,^member of GSMOL. The following persons spoke in opposition to a new zone classification for mobile hones: Vickie Talley, 17845 Skypark Circle, Suite "J", Irvine, representing 15 mobile home park owners; Brandon Rosenberg, owner of a mobile hone park, 351 West Bay Street, Costa Mesa; Roy Thomas, 3762 Montego Drive, Huntington Beach, one of the owners of Snug Harbor Travel Trailer Park, 1626 Newport Boulevard, Costa Mesa; Helen McTaggart, owner of Anchor Trailer Park, 1527 Newport Boulevard, Costa Mesa; Francis Cheatham, owner of Stone Villa Trailer Park, 333 West Bay Street, Costa Mesa; Steve Fabeck, 2500 Albert Way, Arcadia, representing Starlite Village Mobile Park, 2060 Newport Boulevard, Costa Mesa; and Jay Cowan, 3030 Breakers Drive, Corona del Mar, owner of Palms Park, 140 Cabrillo Street, Costa Mesa. The following persons spoke about problems at Trailer - town, 327 West Wilson Street: Joanna Econanakos; Duane and Dawn Wipperman; Grace Harris; and Sharon Ward, 3198 Gibraltar Avenue, Costa Mesa, whose grandmother lives at Trailerton. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about the rights of property owners. Motion to Establish A motion was made by Council Member Mieeler, seconded New Zoning for by Vice Mayor Hornbuckle, to establish a new zoning Mobile Home Parks classification for mobile home parks, and to discuss the requirements of that zoning classification at a Study Session to be scheduled by staff as soon as practical. Motion Amended and Council Member Wheeler amended his motion directing Failed to Carry that a new zoning classification be established for mobile hone parks. The amended motion was seconded by Vice Mayor Hornbuckle, but failed to carry, Council Members Hertzog, Schafer, and Hall voting no. 5 COUNCILMANIC A motion was made by Council Member Schafer, seconded COMMENTS by Council Member Hall, supporting the appointment of Evelyn Hart to the.Local Agency Formation Commission. LAFCO Appointment The motion carried 4-0, Council Member Wheeler absent. ADJOURNMENT The Mayor declared the meeting adjourned at 2:15 a.m. Mayo the City of sa ATTEST: 0 p C ty Clerk of the City of Costa M a 1 i