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HomeMy WebLinkAbout02/18/1986 - City CouncilS REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 18, 1986 The City Council of the City of Costa Mesa, California, met in regular session February 18, 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 the Reverend Carl Qmaye, Orange Coast Free Methodist Church. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Public Services, City Clerk, Senior Planner ORDINANCES A motion was made by Council Member Hall, seconded by Council Member Wheeler, and carried 5-0, to read all ordinances by title only. ANNOUNCEMENT Mayor Hertzog announced that Public Hearing No. 1, an appeal of Planning Action PA -85-220 from Joanne A. MacQuarrie, will be withdrawn as requested by the applicant. ORAL COMMUNICATIONS Sid Soffer, 900.Arbor Street, Costa Mesa, spoke about the length of time he is permitted to speak at Council Soffer meetings. He also commented on the Del Mar Avenue widening. Mobile Home Parks Ion Hunter, member of the Golden State Mobilhcme Owners League (GSMOL), 39 Channel Road, Newport Beach, spoke concerning the problems which exist at mobile have parks. He submitted copies of a report entitled, "An Investigative Report of Mobile Hone Park Tenancy Complaints and Regulations". The document was released June 26, 1984, and details an investigation done by the Environmental Management Ccn mittee of the 1983-84 Orange County Grand Jury. Mr. Hunter asked if the Council considers the mobile have park problems a dead issue. The City Manager responded that an investigation and survey of Trailertown is still in progress, and that more information will be given to the Council regarding policy issues for mobile have parks. Structural Damage Dave Leighton, 3105 Loren Lane, Costa Mesa, represent- epresentin inNorth Costa ing the North Costa Mesa Haneowners Association, read a Mesa letter frcm that association concerning the geological report submitted to the City by Leighton and Associates, Irvine, in connection with structural damage which had occurred in the North Costa Mesa area. When the structural damages were first detected by the residents, the homeowners suggested that the damage may have been caused by the construction of Segerstram's South Coast Plaza II project and the Arnel project. The letter indicates that since Leighton and Associates was preparing the North Costa Mesa report for the City, and was also preparing geological reports for the Segerstrcm's Hone Ranch Environmental Impact Report, W Leighton and Associates did not act properly by contracting for both studies. The association is of the opinion that there was a conflict of interest. The association believes that a new study should be prepared, and that the geological firm should be selected by a citizens committee composed of architects, soils engineers, and disinterested parties familiar with this field. Mr. Leighton submitted copies of the letter for various City departments. Dave Leighton reported that the homeowners association has hired a firm to audit the work of Leighton and Associates, and has contacted an attorney with expertise in soil matters. Council Member Wheeler requested that the homeowners advise the City of any discrepancies found by the firm they have hired. During discussion, Council agreed that the City Manager should prepare a report which shall contain answers to the questions in the association's letter, and any other pertinent information. eJ 07I City Manager A motion was made by Council Member Hall, seconded by Directed to Council Member Schafer, and carried 5-0, directing the Prepare a Report City Manager to prepare a report for the Council meet- ing of March 3, 1986. Agenda Items Gerald Odegaard, 6447 Via de La Reina, Bonsall, referred to Assembly Bill 2671, which discusses how hearings shall be conducted. He suggested that the Council go on record in support of the bill. Jim Aynes, 2811 Loreto Avenue, Costa Mesa, referred to an Assembly Bill on this subject, No. 2674. He stated that one item would require local government entities to provide regulations to allow the public to put items on the agenda and to give the public the opportunity to address each item on the agenda. Mr. Aynes submitted a copy of the bill for review by the Council. CONSENT CALENDAR The following items were removed fram the Consent Calendar: Item 3, Setting a public hearing for General Plan Amendment GP -86-1A and Rezone Petition R-86-01; Item 6(d), Claim from Randy and Bernard Mathieson; Item 6(j), Claim from Kwong Yu Wong; Item 9(d), Parking prohibition on Fillmore and Albany Ways; and Item 11, Resolution in support of a service authority for free- way emergencies. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, 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 IILh -m-"21 COMMUNICATIONS On motion by Council Member Schafer, seconded by Vice Finance Department Mayor Hornbuckle, Resolution 86-9, being A RESOLUTION OF Records Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPART - MOTION MENT OF THE CITY OF COSTA MESA PURSUANT TO ORDINANCE Resolution 86-9 NO. 75-60, was adopted by the following roll call vote: Adopted 1 . AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler None None READING FOLDER On motion,by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Attorney Patrick E. Catalano on behalf of Elois S. Boring, et al; Attorney William L. Urban on behalf of Darrell Havens; Rita J. Jones; Attorney Marc C. Block on behalf of Richard Kaszubinski; and Christine Wickham. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses TGI Fridays,,Incorporated, doing business at 663 Anton Boulevard;- Marilyn D. and Michael J. Bates, doing business as Cozy Nook Hamburgers, 1835-D Newport Boulevard, No. 153. - Hit and Run Letter frau Brian K..Theriot, 924 North Lowell Street, Incident Santa Ana, regarding a hit and run incident involving Costa Mesa resident Claude Hubert. No Smoking Letter from. Mary Bass and Colleen West, 40 Bluejay, Ordinance Irvine, asking what steps are necessary to have an ordinance passed in Costa Mesa preventing smoking in the work place and public facilities. SET FOR PUBLIC HEARING On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following items were set for public hearing on March 3, 1986, at 6:30 p.m., in the Council Chambers of City Hall: GP-86-lC/R--86-03 General Plan Auendment GP -86-1C and Rezone Petition Jerkunica R-86-03, Ann Jerkunica, 633 Promontory Drive West, Newport Beach, to amend the General Plan land use designation from Low Density Residential to High Density Residential and to change the zoning from R1 (Single-family Residential) to R3 (Multiple -family Residential), for property located at 421 anerson Street in an R1 zone. Environmental Determination: Negative Declaration. EIR/ZE-77-246A3/ Environmental Impact Report 1027, Zone Exception S-85-182 ZE-77-246A3, and Tentative Parcel Map S-85-182, South Coast Plaza Malcolm Ross, authorized agent for South Coast Plaza, for an amendment to Town Center Master Plan to abandon Town Center Drive between Park Center Drive and Avenue of the Arts as a public street, with a Parcel Map to combine Lots 3 and 4 of Tract 11762. REJECTED CLAIMS On motion by Council Member Schafer, seconded by Vice Bailey Mayor Hornbuckle, and carried 5-0, the claim from Bruce Bailey was rejected. DeCrescentis On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Bruno DeCrescentis was rejected. Lougi On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from. Karen Lougi was rejected. Mesa Consolidated On motion by Council Member Schafer, seconded by Vice Water District Mayor Hornbuckle, and carried 5-0, the claim from Mesa Consolidated Water District was rejected. 62 Pacific Bell On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Pacific Bell was rejected. Schneider On motion by Council Member'Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Katharine Schneider was rejected. Edison Company On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Southern California Edison Company was rejected. Stater Brothers On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Stater Brothers Market was rejected. ADMINISTRATIVE ACTIONS Bids received for Bid Item 709_, Remove and Replace Side- walk at.Heller Park, are on file in the Clerk's office. Bid Item 709 On motion by Council Member Schafer, seconded by Vice Heller Park Sidewalk Mayor Hornbuckle, the contract was awarded to DeArmond Construction Company, 10491 Calabash Avenue, Fontana, MOTION for $7,400.00. The motion carried by the following roll Awarded to DeArmond call vote: Construction AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Renovation of Tot Bids received for Renovation of the Tot Lot at Lions Lot at Lions Park/ Park are on file in the Clerk's office. The Director of Budget Adjustment Leisure Services recommended approval of Budget Adjust- 86-37 djust86-37 ment 86-37 for $65,000.00 for this project. On motion by Council Member Schafer, seconded by Vice Mayor MOTION Hornbuckle, the contract was awarded to Hondo Company, Awarded to Hondo Incorporated, 18392 East 17th Street, Santa Ana, for Company; Budget $77,554.00; and the budget adjustment was approved. The Adjustment Approved motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1985-86 Street Bids received for 1985-86 Street Maintenance, Chip Seal Maintenance - and/or Slurry Seal, are on file in the Clerk's office. Chip Seal and/or On motion by Council Member Schafer, seconded by Vice Slurry Seal Mayor Hornbuckle, the contract was awarded to Manhole Adjusting Contractors, Incorporated, Post Office Box MOTION 250, Monterey Park, for $619,528.90. The motion carried Awarded to Manhole by the following roll call vote: Adjusting AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 10 The Director of Public Services has requested approval Mladen Buntich of Change Order No. 10 for $61,745.39 to the contract with Mladen Buntich Construction Company, 9946 Rancho Santa Ana -Delhi Caballo Drive, Sunland, in conjunction with the Santa Stone Drain Ana -Delhi Storm Drain project. The Director also recommended that Council direct staff to file a claim MOTION with Holiday Inn because the increased costs are a Change Order result of delays imposed on the City by the hotel. On Approved; Staff motion by Council Member Schafer, seconded by Vice Mayor Directed to File Hornbuckle, the change order was approved, and staff Claim with was directed to.file a claim with Holiday Inn. The Holiday Inn motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None i J MOM Prohibition of The Traffic Commission.has recommended that parking be Parking on 15th prohibited along the northerly curb of 15th Street for Street 70 feet east of the school crossing at Redlands Avenue, from 8:00 a.m. to 4:00 p.m. on school days, to improve MOTION sight distance. On motion by Council Member Schafer, Resolution 86-10 seconded by Vice Mayor Hornbuckle, Resolution 86-10, Adopted being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON SCHOOL DAYS BETWEEN 8:00 A.M. AND 4:00 P.M. FOR 70 FEET EAST OF THE SCHOOL CROSSING AT 15TH STREET FOR THE PURPOSE OF SIGHT DISTANCE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Cornnission has recommended that parking be Parking on Fuchsia prohibited along the easterly curb of Fuchsia Street Street for 60 feet between Sunflower Avenue and Azalea Drive. The prohibition will allow placement of detectors for right- and left -turn lanes approaching a new traffic MOTION signal. On motion by Council Member Schafer, seconded Resolution 86-11 by Vice Mayor Hornbuckle, Resolution 86-11, being A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF FUCHSIA 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 Prohibition of The Traffic Cotmnission has recommended that parking be Parking on Anaheim prohibited along -both curbs of Anaheim Avenue 100 feet Avenue north and south of West 19th Street. The prohibition will allow restriping for left -turn lanes on Anaheim Avenue approaching 19th Street., and for placement of MOTION lane detectors. On motion by.Council Member Schafer, Resolution 86-12 seconded by Vice Mayor Hornbuckle, Resolution 86-12, Adopted being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF ANAHEIM AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Commission has recommended that parking be Parking on Orange prohibited along the easterly curb of Orange Avenue at Avenue for 2032 Orange Avenue in order to relocate an existing bus Relocation of stop at 2040 Orange Avenue. On motion by Council Member Bus Stop Schafer, seconded by Vice Mayor Hornbuckle, Resolution 86-13,,being A RESOLUTION OF THE CITY COUNCIL OF THE MOTION CITY OF COSTA MESA, CALIFORNIA, RELOCATING A BUS STOP Resolution 86-13 ON ORANGE AVENUE WITHIN THE CITY OF COSTA MESA, was Adopted adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None One -Way Stop on The Traffic Commission has recommended that a one-way Scenic Avenue stop be.authorized on Scenic Avenue at Cadillac Avenue for westbound traffic on Scenic Avenue. The recommenda- tion was made after the Commission had studied warrants, MOTION peak hour conditions, accident history, and traffic Resolution 86-14 volumes. On motion by Council Member Schafer, seconded Adopted by Vice Mayor Hornbuckle, Resolution 86-14, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF A STOP SIGN ON SCENIC AVENUE AT CADILLAC AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Refund/Beverly The Building Safety Director has reccmnended approval of Heritage Hotel a request for refund of $5,648.64 from Northview Corpor- ation, 10021 Willow Creek Road, San Diego, representing an overpayment of plan check fees in connection with the MOTION Beverly Heritage Hotel project. On motion by Council Refund Approved Member Schafer, seconded by Vice Mayor Hornbuckle, the refund was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None GP-86-lA/R--86-01 Item 3 on the Consent Calendar -was presented: Setting City of Costa Mesa a public hearing for March 3, 1986, for General Plan knendment GP -86-1A and Rezone Petition R-86-01, City of Costa Mesa, for a study to select possible General Plan land use and zoning alternatives, including ccomercial, industrial, residential, and public use in the area bordered by Baker Street, Fairview Road, Corona del Mar Freeway, and the Orange County Flood Control Channel. Environmental Determination: Negative Declaration. Sid Soffer, 900 Arbor Street, Costa Mesa, asked for clarification of this item. The Senior Planner replied that the public hearing is to consider changes of the land use designation and the zoning for the above property. Mr. Soffer cc mnented that the wording indi- cates that only "a study" of these items would be discussed, when actually the applications will be acted upon. He believed that since this wording was used in the notifications to the property owners, many of them did not attend the Planning Cccmnission meeting. During discussion, the Council agreed that this matter should be heard again by the Planning Camnission and that the notices for that hearing be corrected by deleting reference to "a study". Council Member Wheeler suggested that the Council re-evaluate the existing method of notifying property owners of public hearings, and to schedule this matter for the first available Study Session. He also recom- mended that GP -86-1A and R-86-01 be discussed with the residents of the area prior to the public hearings. MOTION A motion was made by Council Member Schafer to continue Held Over these items to the meeting of May 5, 1986, at which time a public hearing will be set for May 19, 1986. The motion was seconded by Mayor Hertzog, and carried 5-0. Claim/Mathieson Item 6(d) on the Consent Calendar was presented: Claim from Randy and Bernard Mathieson. Council Member Wheeler stated that there might have been some merit to the claim if there had been a demand for a reasonable sum. MOTION On motion by Council Member Wheeler, seconded by Vice Claim Rejected Mayor Hornbuckle, and carried 5-0, the claim from Randy and Bernard Mathieson was rejected. 65 - �- Claim/Wong Item 6(j) on the Consent Calendar was presented: Claim from Kwong Yu Wong. Council Member Wheeler reiterated the comment he made regarding the previous claim. MOTION . On motion by Council Member Wheeler, seconded by Vice Claim Rejected Mayor Hornbuckle, and carried 5-0, the claim from Kwong Adopted Yu Wong was rejected. Prohibition of Item 9(d) on the Consent Calendar was presented: A Parking on Albany recommendation from the Traffic Commission to prohibit and Fillmore Ways parking along both curbs of Albany and Fillmore Ways on Mondays, 9:00 a.m. to 11:00 a.m., for street sweeping. Council Member Wheeler suggested that standards used to initiate parking prohibition for street sweeping in the R2, R3, and R4 zones be the same as the standards for Rl, that is,'50 percent of the residents being in OLD BUSINESS favor of street sweeping. He recommended scheduling this matter for the next available Study Session. Vice Mayor Hornbuckle mentioned that the Council will be having a joint Study Session with the Traffic Commission in March, and suggested that they discuss this issue at that time. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 86-15 Member Schafer, Resolution 86-15, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON MONDAYS BETWEEN 9:00 A.M. AND 11:00 A.M. ON A PORTION OF ALBANY WAY AND FILLMORE WAY FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Sid Soffer stated that he was under the impression that 50,percent of the residents must agree to the parking prohibition for street sweeping. Service Authority Item 11 on the Consent Calendar was presented: Resolu- for Freeway tion supporting development of a system for freeway Emergencies (SAFE) emergency -call boxes. Mayor Hertzog stated that she had been involved with promoting the installation of freeway emergency call boxes, and urged the Council to adopt the resolution. MOTION On motion by Mayor Hertzog, seconded by Vice Mayor Resolution 86-16 Hornbuckle, Resolution 86-16, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THAT A SERVICE AUTHORITY FOR FREEWAY EMERGEN- CIES BE ESTABLISHED IN ORANGE COUNTY PURSUANT TO SECTION 2550 OF THE STREETS AND HIGHWAYS CODE, 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 86-4, adopting a San Joaquin Hills major thoroughfare and bridge fee program in connection Corridor with the San Joaquin Hills Corridor. Council Member Wheeler opposed the ordinance because he believed that Costa Mesa residents are being taxed to MS benefit developers in the South County, and that the corridor will not reduce traffic congestion. MOTION On motion by Council Member Schafer, seconded by Council Ordinance 86-4 Member Hall, Ordinance 86-4, being AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADD- ING SECTION 13-315 TO THE MUNICIPAL CODE OF THE CITY OF COSTA MESA ADOPTING A MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM, 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 Further Discussion Sid Soffer opposed the fee program. on Corridor Fee Gerald Odegaard stated that he understood that two Council Members were involved with planning this pro- gram and that constituted a conflict of interest. Mayor Hertzog responded that all Orange County mayors met with County officials. Tentative Map for The City Clerk presented from the meeting of January 6, Tract 12558R and 1986, two items regarding the Fairview State Hospital PA-85-183/Fairview housing project for 406 apartment units at 2501 Harbor Development Boulevard in a PDR -HD zone: Tentative Map for Tract 12558R, Frank Kinstrand, Fair- view Development Company, for a six -lot subdivision. Planning Action PA -85-183, Fairview Development Company, authorized agent for the State of California, for a Final Planned Development Review. Environmental Determination: Environmental Impact Report accepted for General Plan Amendment GP -85-1A. A communication in opposition to the applications has been received from the Mesa West Homeowners Association, Post Office Box 4225, Costa Mesa. The Senior Planner referred to staff's memorandum of February 13, 1986, which contains the project summary. Staff has recommended two additional conditions: Condition No. 57 - "The mitigation measures of the EIR to complete the bike trail around the project, side- walks along Harbor Boulevard, and a bus turnout along Harbor Boulevard shall be completed in conjunction with Phase IIA. The upgrading of the Fair Drive/ Harbor Boulevard entrance to the hospital shall be reviewed prior to the issuance of building permits of Phases IIB and IIC, and shall be completed when and as directed by the Transportation Services Division". Condition No. 58 - "The developer, hospital adminis- tration, and the City shall work to amend the State enabling legislation and lease for the project to facilitate rental of the units to other specialized housing groups (i.e. elderly and handicapped) in need of additional housing opportunities". The Planning Commission recommended denial of Planning Action PA -85-183, and made no recommendation for Tenta- tive Map for Tract 12588R. Council Member Hall suggested contacting the Attorney General to determine whether the elderly and handicapped can be included in the enabling legislation and lease. Merrill Butler, developer of the project, stated it was his goal to develop a unique housing project which would not be for the general public. Mr. Butler expressed his desire to proceed with Phase IIA (118 units) and stated that he has no objection to obtaining the Attorney General's opinion concerning rentals for the elderly and handicapped. Hugh Koehler, Director of the Fairview Developmental Center, reported that it was never his intention to develop general purpose units, and if there is a group the City wants to include, he will support that request. Mr. Koehler stated that he will be responsible for moni- toring rental of the apartments. Mr. Koehler offered to have his legal staff investigate the City's proposal to include the elderly and handicap- ped as residents of the project. In response to a question from Council Member Hall, the City Attorney stated that he believed the City could impose a condition that would limit the future tenants to the clients and employees of the hospital. The City Attorney commented that he is not sure if Council Member Hall is asking whether we should exclude the additional group mentioned in the State legislation, low- and moderate -income families, and another group, those people working within the City. The City Attorney's opinion was that if the hospital's counsel were to decide that they have the flexibility to lease units to other specialized housing groups such as the elderly and the handicapped, the City certainly would not oppose that decision. In that case, the matter would not have to be submitted to the Attorney General. The City Attorney commented that the developer could object if he feels he may have difficulty renting the units. Merrill Butler stated that conditions should be accept- able to the lender as well as to the City because the lender must know that he can rent the units. John Feeney, 1154 Dorset Lane, Costa Mesa, was of the opinion that hospital employees do not want to move into the apartments. He asked who was paying for police services at the site, and requested a copy of the schedule of fees to be collected in lieu of property taxes. The City Manager reported that fees are paid on the improvements. Merrill Butler ccxYmented that he pays the same fees as any other developer. Council Member Hall remarked that to date, the City has not received property taxes for the subject site. Sid Soffer remarked that the City should be paid for police services which they provide for the site. The City Manager responded that the City is required to respond to emergency calls on -State property. As to security, the City is paid for those services. Council Member Hall stated that it would take approxi- mately 90 days to receive an opinion from the Attorney General, and asked Mr. Koehler if he could obtain a legal opinion from his counsel in less time. Mr. Koehler responded that he could probably have an opinion within two to three weeks. At the request of Vice Mayor Hornbuckle, the City Manager stated that he would provide a report com- paring the cost of City services for this project to the cost of a project of comparable size. MOTION Council Member Hall moved to continue these items to Held Over the meeting of April 7, 1986, with the following requirements to be acccmplished prior to that meeting: Fairview Housing submit a legal opinion acceptable to the City Attorney, confinning that some of the special interest groups as previously mentioned would meet the criteria so stated in the State enabling legislation; Fairview Housing develop a rental program responding to the criteria for those particular groups as afore- mentioned; Staff prepare a program relative to the timing of off-site improvements for the project. The motion was seconded by Council Member Schafer, and carried 5-0. RECESS The Mayor declared a recess at 8:50 p.m., and the meet- ing was reconvened at 9:05 p.m. WARRANTS On motion -by Vice Mayor Hornbuckle, seconded by Council Member Hall, Warrant Resolution 1313, including Payroll MOTION 8603, was approved by the following roll call vote: Warrant 1313 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Approved Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented a request from Orange County REPORTS Cop Bowl, Incorporated, Post Office Box 1742, Costa Mesa: (1) The City adopt a policy of "officially" Orange County sanctioning the Orange County Cop Bowl; (2) The City Cop Bowl view any officer injured during any practice or the game itself as being injured on -duty (IOD). The City Manager referred to his memorandum of Febru- ary 13, 1986, in which he reported that last year the City made a contribution to this organization in an amount equivalent to the cost of a premium payment for special disability insurance for the event; however, such payment could support an argument for coverage under the Workers' Ccmpensation Program. Participants in the game would be covered under the City's medical plan and Long -Term Disability Plan. The City Manager was of the opinion that if the City sponsored the game, it would be opening up a very high degree of liability and cost to the City since the participants would be covered by the self-funded Workers' Compensation Program. The City Manager also mentioned that if the Council were to approve a contri- bution, no more than $5,000.00 could be donated. Sid Soffer stated that the City should either sanction the Cop Bowl or donate nothing. Council Member Wheeler supported the request and made.a motion to sanction the Cop Bowl and to consider any officer injured during the Cop Bowl activities as being injured on duty. The motion died for lack of a second. 69 MOTION A motion was made by Council Member Hall, seconded by Contribution Council Member Schafer, and carried 5-0, authorizing a Authorized contribution to the Orange County Cop Bowl, not specif- ically targeted for insurance purposes but to be used as the organization sees fit, and stipulating that the amount to be contributed shall be determined by the City Manager. The motion carried 5-0. Agreement with The City Manager referred to his memorandum dated Febru- PMW Associates ary 13, 1985, concerning an agreement with PMW Associ- (Whisenand) ates, Incorporated, (Marilyn Whisenand) 232 West Avenida Gaviota, San Clemente, for professional services to be provided to the Costa Mesa Redevelopment Agency. Mrs. Whisenand recently submitted her resignation as Director of the Redevelopment Agency, and the City Manager recon - mended that the City retain her services to complete the negotiations currently under way for development within the Downtown Redevelopment Area. Total compensation for all services performed pursuant to the agreement shall not exceed $15,000.00 through January 1, 1987, without prior approval by the City. MOTION On motion by Council Member Hall, seconded by Vice Agreement Mayor Hornbuckle, the agreement was approved, and the Approved 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 Request to Amend The City Manager referred to his memorandum dated Febru- CATV Agreement from ary 13, 1986, concerning a request from Copley/Colony Copley/Colony Cablevision of Costa Mesa, Incorporated, pertaining to proposed changes in the City's CATV Franchise Agreement. Specifically, Copley/Colony is requesting that provi- sions pertaining to interactive and security services, as well as the local news program, be amended. Council Member Wheeler opposed any revisions to the existing agreement. MOTION On motion by Council Member Hall, seconded by Council City Manager and Member Schafer, the City Manager and City Attorney were City Attorney authorized to enter into negotiations with the cable Authorized to company concerning its request. The motion carried 4-1, Negotiate Council Member Wheeler voting no. PUBLIC HEARING The City Clerk announced the public hearing, continued Appeal of PA -85-220 from the meeting of February 3, 1986, to consider an MacQuarrie appeal of the Planning Commission'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. Communications opposing the project have been received from the following Costa Mesa residents: James E. Mayhew, 288 East Wilson Street; Charles Sampson, 2379 Santa Ana Avenue; Mr. and Mrs. Eugene Bedford, 289 East Wilson Street; Cecil and Marjorie Smith, 2373 Santa Ana Avenue; and Jules Boryczewski, 2346 Cynthia Court. Jerry King, Post Office Box 7992, Newport Beach, author- ized agent for the applicant, requested withdrawal of the application. Y� MOTION On motion by Council Member Hall, seconded by Council PA -85-220 Member Wheeler, and carried 5-0, Planning Action Withdrawn PA -85-220 was withdrawn as requested. PUBLIC HEARING The City Clerk announced that this was the time and Rehearing of place set for the public hearing for rehearing of Rezone R-85-17/SP-78-02A2/ Petition R -85 -17, -Specific Plan SP -78-02A2, and Planning PA -85-222 Action PA -85-222, requested by Donald Montgomery, to Montgomery rezone property at 801 Paularino Avenue from R2 to R4; to amend the Specific Plan by reducing landscaped set- etbacks backson Paularino Avenue and Randolph Street; a Condi- tional Use Permit for a density bonus with provision for low- and moderate -inane housing; variances from excess compact parking and frau open space requirements for a 66 -unit apartment project; and consideration for bond financing. Envirornmental Determination: Negative Declaration adopted January 20, 1986. These items were denied by Council on January 20, 1986. The Affidavit of Mailing is on file in the Clerk's office. A communication has been received from the Pentridge Cove Homeowners Association, Baker Street and Randolph Avenue, reporting that over 100 of its homeowners oppose the rezone from R2 to R4. The Senior Planner referred to staff's memorandum dated February 11, 1986, stating that although the original request for rehearing was filed to allow the prepara- tion of revised plans for a project which would be more acceptable to the Council, staff was advised that the prospective developer of the project has terminated his purchase agreement with Mr. Montgomery. As a result, Mr. Montgomery has requested reconsideration of Rezone Petition R-85-17 only, not the amendment to Specific Plan SP -78-02A2 nor Planning Action PA -85-222. Mr. Montgomery is requesting R4 zoning but has agreed not to apply for additional units possible under the Density Bonus Program. Such an agreement would limit development to 49 units, rather than the 66 units originally requested. Staff is uncertain as to how this agreement could be enforced since the Government Code relating to density bonuses is mandatory if a subsequent developer agrees to provide low and/or moderate income housing. Mr. Montgomery, 801 Paularino Avenue, Costa Mesa, stated that at the January 20 meeting, the Council was opposed to the density of the project and to the setbacks on Paularino Avenue. Mr. Montgomery commented that.there was very little difference between R3 zoning with the density bonus and R4 without the density bonus. He stated that R4 zoning is much more attractive to a pros- pective buyer and offered to enter into an agreement with the City promising that he would not seek the density bonus if R4 were approved. Gerald Odegaard, owner of property on Paularino Avenue, stated that he had no objection to the applicant's proposal. Council Member Wheeler stated that the covenant sug- gested by the applicant is not enforceable because State policy specifies that a density bonus must be given if affordable housing is provided. Mr. Montgomery stated that he had dedicated land in connection with the Specific Plan in order to obtain consideration for a higher density. He reported 71 that his attorney was of the opinion that the covenant he suggested would be enforceable. Council Member Hall asked for the City Attorney's legal opinion on the covenant. The City Attorney responded that the agreement may not be enforceable with a new owner, and if a contract is against public policy, it is grounds for voiding that contract. Jim Aynes, 2811 Loreto Avenue, Costa Mesa, also was of the opinion that the covenant would be unenforceable. Mr. Montgomery spoke again and pointed out that the area is in need of high density housing because of the nearby commercial developments. Vice Mayor Hornbuckle stated that she would be uncom- fortable with R4 zoning in the midst of R1, R2, and R3 areas. Sid Soffer expressed his opinion that the covenant would be enforceable. Bill Chollman, 3078 Roanoke Lane, Costa Mesa, opposed the requested rezone. There being no other speakers, the Mayor closed the public hearing. Motion to Deny A motion was made by Council Member Wheeler, seconded Failed to Carry by Vice Mayor Hornbuckle, to .uphold the Council's previous denial of Rezone Petition R-85-17. Council Member Hall commented that high density is appropriate for this area because it is near public transportation and areas of employment. In regard to the covenant, Council Member Hall stated that he would accept it, and delay second reading and adoption of the ordinance until an acceptable project is submitted. The motion to deny the rezone failed to carry 3-2, Council Members Hertzog, Schafer, and Hall voting no. Mayor Hertzog commented that she would be agreeable to R3 zoning. MOTION On motion by Council Member Hall, seconded by Mayor Ordinance 86-5 Hertzog, Ordinance 86-5, being AN ORDINANCE OF THE CITY Given First COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING Reading THE ZONING OF A PORTION OF LOT 6, BLOCK "E" OF THE BERRY TRACT FROM R2 TO R3, 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 PUBLIC HEARING The City Clerk announced that this was the time and Harbor Pacific place set for the public hearing to consider an appeal Appeal of PA -86-08/ from Harbor Pacific Development Company, 4040 MacArthur Auto Oil Changers Boulevard, Suite 314, Newport Beach, concerning the Planning Commission's approval of Planning Action PA-86-08,,Larry Kennepohl, authorized agent for Auto Oil Changers, Incorporated, 3711 Long Beach Boulevard, Suite 423, Long Beach, for a Conditional Use Permit to allow an auto repair shop in conjunction with a new cczmmercial building, and a variance from. either landscaped setback or parking, located at 2255 Fairview Road and 206 Wilson Street in a C2 zone. Environmental Determination: Negative Declaration. The.Affidavit of Mailing is on file in the Clerk's office. 7� A letter has been received from Linda Elmer, Garden Park Village, 206 Mayfair Lane, Costa Mesa, enclosing 10 communications from residents of that complex, opposing the proposed development. The Senior Planner referenced staff's memorandum of February 10, 1986, which states that originally, vari- ances from landscape setback and parking requirements were requested; however, the applicant redesigned the project and presented a plan to the Planning Commission that satisfied all development standards. Subsequently, staff changed its recommendation from denial to approval and determined that Condition No. 1 was no longer neces- sary. Also, Condition No. 8 was modified: "Hours of operation shall be limited to Monday through Saturday, 7:00 a.m. to 9:00 p.m.". The Senior Planner reported that the basis for the appeal from Brent R. Ogden, Jr., developer of the new center across the street from the subject site, is that the proposed use is not compatible with the new commer- cial development in.the area. Adjoining property owners to the west and north expressed a desire to combine their lots with the subject lots to develop one large unified project. They are concerned that if the corner (applicant's property) is developed separately, it will preclude or restrict full development of their properties. Referencing the rendering of the project prepared by the applicant, the Senior Planner pointed out that the signs may not conform to Code; therefore, he recommended that Condition No. 24 be amended by adding, "Approval of the project does not constitute approval of the signs as shown on the rendering". The applicant, Larry Kennepohl, reported that only oil changes will be done.at the site, and the project meets all City standards. He stated that the proposed use will not generate any more traffic than any other use. The appellant, Brent Ogden, stated that his objections to the development are that it is not a proper use and it is too small for the area. Mr. Ogden reported that he is also speaking on behalf of Mr. and Mrs. Jacob Maarse, owners of the post office and office building properties. Doug Yates, 274 Cecil Place, Costa Mesa, was concerned about access to the site and the amount of traffic the project would generate. Sid Soffer spoke in support of the development, and was of the opinion that a Conditional Use Permit is not required for the project. Jerome Helperin, 1917 Yacht Puritan, Newport Beach, pointed out on the screen the surrounding properties which he, James Ray, and Jamie Mekis own. He reported that they intended to combine the lots; however, they must incorporate the corner site in order to fully develop their properties. Gerald Odegaard, owner of property in the area, favored the proposed used. It was his opinion that the sur- rounding property owners are promoting self-serving interests at the expense of the applicant. Bob Trujillo,.7 Wagon Lane, Rolling Hills, spoke on behalf of Ray Campbell and stated that he is involved 7 in the franchise business (the subject business is a franchise), and informed the Council on the excellent operation of the applicant's other stores. Xenofon Papadopoulos, broker for the applicant's prop- erty, stated that the appellant, Mr. Ogden, had hoped to develop the subject site. Jamie Mekis, 210 West Wilson Street, reported that she and Mr. Helperin have been in business for some time and it was their intention to combine properties for a larger development. Ms. Mekis opposed the applicant's project because of its proximity to her residence, and because of the amount of traffic in the area. The Senior Planner pointed out that the Mekis'property is ccmmercial and that the residential use is noncon- forming. Mark Korando, 581 Park Drive, Costa Mesa, cc mmented that there are two service stations in that area which perform the same services proposed by the applicant. Salary Increase Council Member Schafer co mnented on the fact that the for Planning Planning Cmmissioners have not had an increase in Commissioners salary since 1980. She recommended that their compen- sation be increased from $50.00 to $75.00 per meeting, stipulating that compensation shall not exceed $375.00 per month. MOTION A motion was made by Council Member Schafer, seconded by Resolution 86-17 Council Member Wheeler, to adopt Resolution 86-17, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING THE SALARIES OF THE PLANNING COMMISSIONERS AND PROVIDING FOR CERTAIN ALLOWANCES AND LIMITATIONS IN CONNECTION WITH THEIR COMPENSATION, approving the above recommended salary increase. 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 Cultural Arts Council Member Schafer referred to the City Manager's Committee memorandum of February 7, 1986, which is a reminder to the Council that it is the appropriate time to reconvene the Cultural Arts Committee if they are to consider requests for funding for Fiscal Year 1986-87. Council Member Schafer mentioned that there is one vacancy on the committee which is the position held by There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Wheeler, seconded PA -86-08 by Council Member Schafer, to adopt the'_Negative Approved Declaration of Environmental Impact, and -,to uphold the Planning Commission's approval of ?lannirig Action PA -86-08 with modified conditions and findings, based on the Ccammission's analyses, and including a modifica- tion to Condition No. 24 by adding, ".Approval of the _ project does not constitute approval of'the signs as shown on the rendering". The motion carried 4-1, Mayor Hertzog voting no. COUNCILMANIC COMMENTS Council Member Wheeler suggested that the Mayor exercise more authority over the people who speak at the Council Council Meeting meetings by not allowing personal attacks or political Decorum slander upon the Council Members. Salary Increase Council Member Schafer co mnented on the fact that the for Planning Planning Cmmissioners have not had an increase in Commissioners salary since 1980. She recommended that their compen- sation be increased from $50.00 to $75.00 per meeting, stipulating that compensation shall not exceed $375.00 per month. MOTION A motion was made by Council Member Schafer, seconded by Resolution 86-17 Council Member Wheeler, to adopt Resolution 86-17, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING THE SALARIES OF THE PLANNING COMMISSIONERS AND PROVIDING FOR CERTAIN ALLOWANCES AND LIMITATIONS IN CONNECTION WITH THEIR COMPENSATION, approving the above recommended salary increase. 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 Cultural Arts Council Member Schafer referred to the City Manager's Committee memorandum of February 7, 1986, which is a reminder to the Council that it is the appropriate time to reconvene the Cultural Arts Committee if they are to consider requests for funding for Fiscal Year 1986-87. Council Member Schafer mentioned that there is one vacancy on the committee which is the position held by M ADJOURNMENT Jim Gannon of Orange Coast College. Also, Don Smallwood had expressed concern as to whether or not he should continue to serve on the cc mnittee since he no longer- is a Costa Mesa resident. After discussion, a motion was made by Council Member Schafer, seconded by Council Member Hall, and carried 5-0, to review the Cultural Arts Ccmmittee and its function at the first available Study Session, and to request Orange Coast College to make a recommendation regarding a replacement for Jim Garmon. The Mayor declared the meeting adjourned at 11:15 p.m. 2.r.�n�_•� t - -/ .iii MAyox-of the City VV a Mesa ATTEST: City Clerk of the City ofCos Mesa