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HomeMy WebLinkAbout04/21/1986 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 21, 1986 The City Council of the City of Costa Mesa, California, met in regular session April 21, 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 Kenneth Krause, St. Joachim Catholic Church. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Hall, Wheeler Council Members Absent: Schafer Officials Present: City Manager, City Attorney, Director of Public Services, City Clerk, Senior Planner MINUTES On motion by Council Member Wheeler, seconded by Vice April 7, 1986 Mayor Hornbuckle, and carried 4-0, the minutes of the regular meeting of April 7, 1986, were approved as distributed. ORDINANCES A motion was made by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, and carried 4-0, to read all ordinances by title only. PROCLAMATIONS Mayor Hertzog read a proclamation declaring the week National Safe of June 1 through June 7, 1986 as "National Safe Boat- Boating oatBoating Week ing Week". The document was presented to former Mayor Jack Hammett and Lieutenant Commander Ray Sullivan. Week of the Mayor Hertzog proclaimed the week of April 20 through Young Child April 26, 1986, as "Week of the Young Child". The proclamation was read by the Mayor and presented to Rita Jamieson, representing the Orange County Association for the Education of Young Children.,. Bristol Park Day Mayor Hertzog proclaimed May 5,1986, as "Bristol Park Day" in honor of the medical -group's 25th anniversary. Public School Mayor Hertzog proclaimed the month -'of April, 1986, as Month "Public School Month". ORAL Patricia Aynes, 2811 Loreto Avenue, Costa Mesa, voiced COMMUNICATIONS her objection to the censuring of Council Member Wheeler because of statements he made to the press. Censure of Council Member Wheeler She also objected to Council comments concerning Imbert Hanmond's possible conflict of interest relative to his Traffic Commissioner duties as a Traffic Commissioner and his association Hammond Conflict with the Mesa Action Committee. Appropriations Carey Ward, 2464 Elden Avenue, and Jacqueline Gillis, Limitation 448 Magnolia Street, asked if an initiative measure would be placed on the November 4, 1986, ballot, relative to the property taxes received by the City which are in excess of the appropriations limitation. They recommended using these excess revenues for street, sidewalk, and alley improvements. The City Manager reported that the City probably will exceed its appropriations limitation and that this [1 matter will be reviewed during the Council's budget discussions. Council .Member Wheeler commented that once the City has exceeded its -limitation, the citizens must decide how that money is to be spent. He stated that it would be appropriate for citizens to submit their recommendations to the Council. Staff Shortage Doug Yates, 274 Cecil Place, Costa Mesa, stated that due to a staff shortage, the public has not been given information or reports which they have requested. The City Manager responded that no one has indicated to him that the public were not receiving the information they have requested. Trailertown Lillian Seaman, Trailertown Mobile Home Park, 327 West Problems Wilson Street, Costa Mesa, spoke about evictions occur- ring at the trailer park, and complained about construc- tion noise causing the cancellation of a party. Glen Greener, 14 Field, Irvine, representing the owner of Trailertown, Gerard 1]ougher, responded to some of the allegations made by Ms. Seaman at this meeting and. at the April 7 meeting. He mentioned that Jim Aynes and another man were videotaping the trailer park construc- tion, and the unidentified man was given a warning by a police officer. Vice Mayor Hornbuckle and Mayor Hertzog agreed that the issues being brought before the Council are tenant- landlord enantlandlord disputes and should be referred to the Fair Housing Council. Vice Mayor Hornbuckle asked Mr. Greener to submit a report to the Council advising when he expects construc- tion to be completed. Mike Szkaradek, 1555 Mesa Verde Dive East, Costa Mesa, identified himself as the person videotaping at the trailer park and contended that he did not argue with the police officer. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that it is not the role of the Council to attempt to settle these types of arguments. Street Mark Korando, 582 Park Dive, Costa Mesa, asked about Improvements the method being used to slurry seal City streets. The Director of Public Services explained the new process being used by the City, pointing out that the three-step method extends the life of the street. Council Member Wheeler mentioned that the new process is more cost efficient, and emended the Director of Public Services on the report he submitted to the Council. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 1, Request for a stop sign instead of a yield sign at the northbound exit ramp of Bristol Street; Item 6, Set a -public hearing for Weed Abatement Program; Item 9(a) Construction of Sidewalks on Various Streets; Item 10(b), Agreement with IWA Engineers for 405 Freeway Access Study; and Item 14(a), Notice of Completion for Assessment District No. 82-2. 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, Hall, Wheeler NOES: COUNCIL MIIKBERS: None ABSENT: COUNCIL MEMBERS: Schafer READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Attorney Joseph C. Malpasuto on behalf of Clarke Contracting Corporation; Ross Doty; Yvette A. Gomez; Attorney Dorothy H. Nuanes on behalf of Sears,,lbebuck and Company; and Edward H. Hunter. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Harrah Corporation Unlimited, doing business as Theatre Arts Restaurants, 695 Town Center Drive, Suite 180; and Dniko and Richard Schowengerdt, doing business as Mmiko Restaurant, 2574 Newport Boulevard. Motor Vehicle Report from the Controller of the State of California Revenues containing estimated motor vehicle revenues to be apportioned for fiscal years 1985-86 and 1986-87. CALTRANS Communication from CALTRANS containing proposed Rule Changes changes to the rules and regulations regarding the Transportation Act (TDA), Title,21, Chapter 3, of the California Administrative Code. Public Notification from the Public Utilities Commission that Utilities a public hearing will be held May 5, 1986, concerning Commission Application.No..86-03-058 from Southern California Gas Company, to increase retail rates by $99.424 million. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from Veterans of Foreign Wars, Veterans of Coast Line Post No. 3536, 565 West 18th Street, Costa Foreign Wars Mesa, by selling "Buddy Poppies" May 16 and 17, 1986. On motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member Wheeler, and carried 4-0, the permit was approved Permit Approved with application of Municipal Code Section 9-234(j). United Scottish Notice of Intention to Appeal or Solicit for Charitable Society Purpose has been received from United Scottish Society, Incorporated, 2317 Robinhood Place, Orange, by holding a cultural event and festival at the Orange County Fair - MOTION grounds on May 24 and 25, 1986. On motion by Vice Mayor Permit Approved Hornbuckle, seconded by Council Member Wheeler, and car- ried 4-0, the permit was approved with application of Municipal Code Section 9-234(j). E1 Bekal Shrine Mice of Intention to Appeal or Solicit for Charitable Temple Purpose has been received from E1 Bekal Shrine Temple, 1170 East Pacifico Avenue, Anaheim, by selling tickets to a circus at the Orange County Fairgrounds on May 17, MOTION 1986. on -motion by Council Member Wheeler, seconded by Permit Approved Vice Mayor Hornbuckle, and carried 4-0, the permit was approved with application of Municipal Code Section 9-234(j), and subject to txAo conditions recommended by staff. SET FOR PUBLIC On motion by Vice Mayor Hornbuckle, seconded by Council HEARING Member Wheeler, Resolution 86-39, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Intention to Abandon DECLARING ITS INTENTION TO ORDER THE VACATION OF TOWN Town Center Drive CENTER DRIVE, setting a public hearing for May 19, 1986, was adopted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Resolution 86-39, Hall, Wheeler Setting a Public NOES: COUNCIL MEMBERS: None Hearing, Adopted ABSENT: COUNCIL MEMBERS: Schafer REJECTED CLAIMS On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 4-0, the claim from Pfizer, Pfizer Incorporated, was rejected. Y Labus On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 4-0, the claim from Mr. and Mrs. Patrick T. Labus was rejected. Allstate/White On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 4-0, the claim from Allstate Insurance Company/Leroy and Marie White was rejected. Mariman On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 4-0, the claim from Hilde- gard Mariman was rejected. ADMINISTRATIVE ACTIONS Bids received for Installation of a Storm Drain in the Easement between Anaheim and Maple Avenues, and Street Storm Drain between Improvements for Anaheim Avenue, are on file in the Anaheim and Maple; Clerk's office.- On motion by Vice Mayor Hornbuckle, Street Improvements seconded by Council Member Wheeler, the contract was on Anaheim awarded to Husby Construction, 3457 Paseo Flamenco, San Clemente, for $87,338.00. The motion carried by MOTION the following roll call vote: Awarded to Husby AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Construction Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Agreement/Davis The Director of Leisure Services has requested approval of an agreement with Bette L. Davis and Associates, Seniors Needs- 10819 Lindbrook Drive, Los Angeles, in the amount of Assessment Study $18,000.00, to conduct a senior citizens needs assess- ment study. On motion by Vice Mayor Hornbuckle, sec - MOTION onded by Council Member Wheeler, the agreement was Agreement Approved approved, -and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Reimbursement to The Director of Public Services has requested authoriza- Segerstrom tion to reimburse $100,000.00 to C. J. Segerstrom and Sons, 3315 Fairview R7ad, Costa Mesa, for design and Traffic Signals construction of traffic signals at Sunflower Avenue and at Sunflower and Raitt/Fuchsia Streets, in connection with the CENTROCCS Raitt/Fuchsia agreement. On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, reimbursement was approved by MOTION the following roll call vote: Reimbursememt AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Approved Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Improvements Improvements for Zone Exception ZE-83-150 have been for ZE-83-150 completed to the satisfaction of the Director of Public by Union Oil Services by Union Oil Company of California, 1432 North Main Street, Orange, for property located at 2248 Harbor MOTION Boulevard. On motion by Vice Mayor Hornbuckle, sec - Improvements onded by Council Member Wheeler, the improvements were Accepted accepted and the bonds were ordered exonerated. The and Victoria motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog., Hornbuckle, MOTION Hall, Wheeler Work Accepted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Improvements Improvements for Planning Action PA -85-145 have been for PA -85-145 completed to the satisfaction of the Director of Public by Al Shankle Services by Al Shankle Construction Company, 1150 North Richfield Road, Anaheim, for property located at 1660 MOTTION Scenic Way. On motion by Vice Mayor Hornbuckle, sec - improvements onded by Council Member Wheeler, the improvements were Accepted accepted and the bonds were ordered exonerated. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Werk Accepted Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Notice of Completion Construction of Medians on Harbor Boulevard and on Red Medians on Harbor Hill Avenue, and Signal Modifications at Harbor Boule- and on Red Hill; vard and Victoria Street, have been completed to the Signals at Harbor satisfaction of the Director of Public Services by Baird and Victoria and Carter, Post Office Box 6764, Huntington Beach. On motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member Wheeler, the work was accepted and the Clerk was Work Accepted authorized to file a Notice of Completion. The motion carried by the following roll call vote: AYES:, COUNCIL MEMBERS: Hertzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Notice of Completion Installation of the Golf Cart Cover at the City Golf Golf Cart Cover at Course has been completed to the satisfaction of the the Golf Course Leisure Services Director by D.L.T. Construction, Incorporated,.1368 Gladys Avenue, Long Beach. On MOTION motion by Vice Mayor Hornbuckle, seconded by Council Werk Accepted Member Wheeler, the work mas accepted and the Clerk was authorized to file a Notice of Completion. The notion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Notice of Completion Construction of the Commercial Rehabilitation Demon - Commercial stration Block has been completed to the satisfaction Rehabilitation of staff by P. H. Hagopian, 407 South Main Street, Demonstration Unit C, Orange. On motion by Vice Mayor Hornbuckle, Block seconded by Council Member Wheeler, the work was accepted; the Clerk was authorized to file a Notice MOTION of Completion; and authorization was given to release Werk Accepted retention funds 35 days thereafter. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer MGB Systems Program The City Manager has recommended payment of registration for Staff fees in the amount of $7,128.00, for 16 staff members to participate in "Personal Operating Program" through MGB Systems, Incorporated, 4350 Von Karman Avenue, Suite MOTION 320, Newport Beach. On motion by Vice Mayor Hornbuckle, Payment of Fees seconded by Council Member Wheeler, payment of registra- Authorized tion fees was approved by the following roll call vote: �I AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Conference Advance On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, a Conference Advance for $520.00, for MOTION a police officer to attend the Officer Safety and Field Advance Approved Tactics Conference in San Luis Obispo, April 27 through May 2 , 1986, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Stop Sign at Exit Item 1 on the Consent Calendar was presented: Letter Ramp of Bristol signed by 33 employees of 695 Town Center Drive, Costa Mesa, requesting that the traffic signal be changed from Yield to Stop at the northbound exit ramp of Bristol Street. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Referred to Member Wheeler, and carried 4-0, this item was referred CALTRANS to the California Transportation Department (CALTRANS). Weed Abatement Item 6 on the Consent Calendar was presented: Resolu- Progr&n tion setting a public hearing for the Weed Abatement Program. Jan Luymes, 592 Park Drive, Costa Mesa, asked if citi- zens could add additional parcels to the list attached to the resolution. The City Attorney responded that he did not believe additions could be made; however, he suggested that Ms. Luymes contact Fire Marshal Thomas Macduff regarding parcels other than those listed. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution.86-40, Member Hall, Resolution 86-40, being A RESOLUTION OF Setting a Public THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Hearing, Adopted FORNIA, DETERMINING AND DECLARING THAT RUBBISH AND WEEDS ARE A PUBLIC NUISANCE; DIRECTING THE FIRE CHIEF OR HIS DESIGNEE TO REMOVE SAID RUBBISH AND DESTROY SAID WEEDS AS REQUIRED BY LAW; FIXING THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS; AND DIRECTING THE ABATEMENT OF SAID RUBBISH AND WEEDS, setting a public hearing for May 19, 1986, was adopted by the following roll call -vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Construction of Item 9(a) on the Consent Calendar was presented: Sidewalks on Contract award for Construction of Sidewalks on Various Various Streets Streets. Bids•received are on file in the Clerk's office. Sid Soffer, 900 Arbor Street, Costa Mesa, asked why the City was paying for these sidewalks. The Director of Public Services responded that the City's basic policy is that property owners are responsible for sidewalk installation; however,.Council directed staff to investigate the need for sidewalks along school pedes- trian routes where links of existing sidewalks are missing. The sidewalk construction will help increase safety and convenience for school pedestrians. 11"l -?Irl 21 MOTION On motion by Council Member Hall, seconded by Council Awarded to General Member Wheeler, the contract was awarded to General Procurement Procurement and Construction Company, Incorporated, 3100 Airway Avenue, Suite 138, Costa Mesa, for $18,575.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Agreement/IWA Item 10(b) on the Consent Calendar was presented: An Engineers agreement with IWA Engineers, 10221 Slater Avenue, Suite 219, Fountain Valley, in an amount not to exceed 405 Freeway Access $200,000.00, to prepare environmental documents for the Study; Budget Interstate 405 Freeway Access Study, and Budget Adjust- Adjustment djustAdjustment 86-50 ment 86-50 for $200,000.00. Council Member Wheeler objected to paying this amount of money for an item which did not go out to bid. He also objected to the fact that only staff and developers (Segerstrem, Arnel, Sakioka, and Transpacific) were on the committee selecting the contractor. Council Member.Wheeler suggested appointing representatives.from the various homeowners associations to the committee. Mayor Hertzog mentioned that the funds for the study are being taken from developer fees. Council Members Hornbuckle and Hall suggested involving the Traffic Commission in the planning process for free- way access. The Director of Public Services reported that staff and the Traffic Commission will hold workshops to receive public input. The Traffic Commission would then make recommendations to the Council. After Council review, the recommendations would be.forwarded to the State of California for the final decision. MOTION A motion was made by Council Member Hall, seconded Agreement and by Mayor Hertzog, approving the agreement and budget Adjustment Approved; adjustment; authorizing the Mayor and Clerk to sign the Traffic.Commission agreement on behalf of the City; and directing staff to to be Included in include the Traffic Commission in the planning process Planning Process for freeway access. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: Schafer Notice of Completion Item 14(a) on the Consent Calendar was presented: Assessment District Completion of Assessment District M. 82-2, South No. 82-2/Clarke Coast Metro Center, by Clarke Contracting Corpora - Contracting tion, 1218 South Alameda Street, Compton. MOTION The City Attorney stated that large claims have been Work Accepted filed by subcontractors and material suppliers, and .based on that information, he recommended deleting the reference to releasing retention funds, and also recommended exoneration of the Performance Bond 12 months after.the Notice of Completion has been filed, or at such time as the Director of Public Services has determined that there are no further claims against the bond, whichever is later. On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, the work was accepted; the Clerk was 125 authorized to file a Notice of Completion; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exon- erated as recommended by the City Attorney. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Mayor Hertzog Mayor Hertzog left the Council dais and did not partici- Left Dais pate in the voting for the next two items. WARRANTS On motion by Council Member Wheeler, seconded by Council Member Hall, Warrant Resolution 1319, including Payroll MOTION 8607, was approved by the following roll call vote: Warrant 1319 AYES: COUNCIL MEMBERS: Hornbuckle, Hall, Approved Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer, Hertzog CITY MANAGER REPORTS The City Manager referred to his memorandum of April 10, 1986, concerning a request from Police officer James Extension of Miller for an extension of his job injury leave. In Leave for the memorandum, the City Manager recommended authoriza- Police Officer tion for an additional three months' leave, with the actual amount of time to be at the sole determination of the City Manager. MOTION On motion by Council Member Hall, seconded by Council Extension Member Wheeler, and carried 3-0, the job injury leave Approved for Janes Miller was approved as recommended by the City Manager. Mayor Returned Mayor Hertzog returned to the Council dais at this time. PUBLIC HEARING The City Clerk announced that this was the time and Appeal of PA -86-34 place set for the public hearing to consider an appeal Betts/Clark of the Planning Commission's denial of Planning Action PA -86-34 from T. H. Betts, 24991 La Vida, Laguna Niguel, authorized agent for Robert Clark, for a Conditional Use Permit to allow construction of a granny unit over a new garage behind a single-family residence at 641 Beach Street, in an R1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Senior Planner reviewed the Staff Report and staff's memorandum of April 15, 1986. All applicable setbacks and height requirements are satisfied. Consequently, the proposed construction is consistent with what neigh- bors could construct on their properties. The Planning Commission received four letters from adjoining neigh- bors supporting the application. The Planning staff has recommended approval. T. H. Betts, authorized agent, was present to answer questions from the Council. The appellant, Robert Clark, reported that the unit will be occupied by his grandmother, and when she can no longer make use of the apartment, his father will occupy it. Mr. Clark mentioned that on June 3, 1985, Council approved a project at 891 Cortez Street which is on a lot very similar to his. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the project. 126 There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council PA -86-34 Member Wheeler, and carried 4-0,,Planning Action Approved PA -86-34 was approved based on the findings of staff, and subject to conditions contained in the Staff Report. RECESS The Mayor declared a recess at 8:10 p.m., and the meet- ing eeting reconvened at 8:25 p.m. PUBLIC HEARING The City Clerk announced that this was the time and SP -86-01 place set for the public hearing for Specific Plan SP -86-01, Costa Mesa City Council, to adopt special development standards for properties located at 217, 219, and 221 Avocado Street in C2 and R2 zones. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Senior Planner reviewed the Specific Plan document and staff's memorandum dated April 17, 1986. The plan addresses the issues of compatibility between commercial and residential properties on the south side of Avocado Street west of Fairview load. In Section IV of the Specific Plan, staff recommended the following: 1. Office development. Projects specifically designed for use as offices may be constructed to 30 feet in height provided they are set back at least 15 feet from the residential property line. Alternatively, buildings specifically designed for office use may be constructed on the residential property line provided they are not more than 20 feet in height. 2. Other commercial development. Developments not specifically designed for office use must be constructed on the residential property line and may not exceed 20 feet in height. The Planning Commission recommended adoption of the Negative Declaration and adoption of Specific Plan SP -86-01. Since the Planning Commission meeting of March 24, addi- tional shadow diagrams have been added to Section III.B. These diagrams illustrate the impacts of various build- ing height and setback combinations, and include more detailed analysis of the early (8:00 a.m.) shadows. Section VII of the document includes additional discus- sion of issues raised at the Planning Commission hearing and a staff recommendation for modification of the pro- posed standards. Discussion was held concerning the aesthetic impact of a 20 -foot high wall with no roam for landscape buffering. An alternate approach to reduce the visual impact would be to reduce the allow- able building height. Residential standards permit accessory structures to be built on the property line but such structures are limited to 15 feet in height. Placing a similar standard in the Specific Plan would permit equal protection for the residential properties while easing restriction on development of the commer- cial sites. The Planning staff now recommends that the maximum height for commercial buildings constructed on the residential property line be reduced from 20 feet to 15 feet. LI 1 �2. Gerald Odegaard, 6447 Via de La Reina, Bonsal, owner of property at 217 Avocado Street, stated that he would be able to develop a more suitable commercial project if the 20 -foot height limitation were approved. Sid Soffer, 900 Arbor Street, Costa Mesa, was opposed to the recommendations in the Specific Plan, and contended that Mr. Odegaard should be permitted to construct a 30 -foot high building. There being no other speakers, the Mayor closed,the public hearing. MOTION On motion by Council Member Wheeler, seconded by Vice Resolution 86-41 Mayor Hornbuckle, the Negative Declaration of Environ - Adopted, Approving mental Impact was adopted; and Resolution 86-41, being 20 -Foot Limitation A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING SPECIFIC PLAN SP -86-01, FOR PROPERTY LOCATED AT 217, 219, AND 221 AVOCADO STREET, permitting a 20 -foot height limitation as detailed in the Specific Plan document, eliminating the 15 -foot concept, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer PUBLIC HEARING The City Clerk announced that this was the time and Accessory place set for the public hearing to consider an amend - Apartments ment to the Costa Mesa Municipal Code to modify wording establishing the maximum size for accessory apartments. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Senior Planner reported that when the ordinance regulating accessory apartments was adopted, it restricted the maximum size of these units as follows: "In no case shall it exceed the lesser of six hundred forty (640) square feet.in area or forty (40) percent of the primary unit". It appears that the section is unclear and was, in fact, interpreted differently by various people. The wording of the ordinance has been modified to reflect the original intent: Section 13-313(b): "The accessory apartment shall be attached to and clearly a subordinate part of the single-family dwelling. In no case shall it exceed the lesser of six hundred forty (640) square feet in area or 40 percent of the total area of the structure excluding any garage area but including any new construction as provided for in California Government Code Section 65852.211. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 86-6 Member Wheeler, Ordinance 86-6, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading AMENDING WORDING OF A CODE SECTION REGULATING ACCESSORY APARTMENTS IN SINGLE-FAMILY DWELLINGS, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer NEW BUSINESS The City Clerk presented a recommendation from the Traffic Commission to increase the speed limit on Increase Speed Victoria Street, from 700 feet west of Valley Road to Limit on Victoria the western City limits, from 35 to 40 miles per hour. Street The Commission made the recommendation after reviewing MOTION speed studies, accidents, traffic volumes, engineering Ordinance 86-7 studies, future conditions, and testimony. The 35 -mile - Given First per -hour zone was.not re-evaluated after street widening Reading several years ago and it is not supported by engineering and traffic information. Enforcement of the 35 -mile - per -hour zone may be rejected in traffic courts if it is not supported by an engineering and traffic survey. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, opposed the increased speed limit. Jan Luymes, 592 Park Drive, Costa Mesa, asked if chil- dren would be crossing this portion of the street on their way to school. Mayor Hertzog responded that they would not. Gary Devine, 2120 Monrovia Avenue, Costa Mesa, favored retaining the 35 -mile -per -hour zone. Sid Soffer, 900 Arbor Street, Costa Mesa, asserted that in the mornings and afternoons, there is so much traffic that it is nearly impossible to travel at 40 miles per hour on Victoria Street. Dave Slaughter, 2435 orange Avenue, Costa Mesa, com- mented that even though 35 -miles -per -hour may not be enforceable in court, that speed should be retained. The City Clerk announced that the following communica- tions have been received: 22 letters, and one petition containing 17 signatures, opposing the widening of Del Mar Avenue. The Director of Public Services reported that approxi- mately 13 years ago, the City adopted a precise plan of alignment for Del Mar Avenue, from Newport Boulevard to Santa Ana Avenue, in conjunction with a County precise alignment. The plan called for a six -lane divided high- way with a frontage road and an off-street bike trail along the north side of the street. The City had been acquiring properties for that adopted alignment. Council Members Wheeler and Hall were of the opinion that the present speed limit is not supported by the traffic survey and will not be upheld in court. Vice Mayor Hornbuckle was opposed to increasing the speed 1 imit. MOTION On motion by Council Member Wieeler, seconded by Council Ordinance 86-7 Member Hall, Ordinance 86-7, being AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading AMENDING SECTION 10-332 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO RE-ESTABLISH SPEED LIMITS ON VICTORIA STREET BETWEEN THE WEST CITY LIMITS AND 700 FEET WEST OF VALLEY ROAD, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hall, Wheeler NOES: COUNCIL MEMBERS: Hornbuckle ABSENT: COUNCIL MEMBERS: Schafer EIR for Del Mar The Mayor presented the Environmental Impact Report Avenue (EIR) for Del Mar Avenue. The City Clerk announced that the following communica- tions have been received: 22 letters, and one petition containing 17 signatures, opposing the widening of Del Mar Avenue. The Director of Public Services reported that approxi- mately 13 years ago, the City adopted a precise plan of alignment for Del Mar Avenue, from Newport Boulevard to Santa Ana Avenue, in conjunction with a County precise alignment. The plan called for a six -lane divided high- way with a frontage road and an off-street bike trail along the north side of the street. The City had been acquiring properties for that adopted alignment. J-29 The Director of Public Services reported that it is probable that the University Drive extension will not be constructed for a..long time, if ever. He was of the opinion that by the year 1990, traffic on Del Mar Avenue will escalate to 15,000 cars per day, and by the year 2010, traffic will increase to over 20,000 vehicles per day. This would require a four -lane divided highway. The Director emphasized that he is not proposing adop- tion of a project at this time, and recommended that no project be constructed until the increase in traffic warrants widening of the street. The Director of Public Services made the following recommendations: certify the EIR; construct improve- ments from Newport Boulevard to Elden Avenue prior to and in conjunction with the 55 Freeway extension; eliminate the precise plan for a six -lane highway with frontage road; continue current dedication policy util- izing -the existing centerline; direct staff to change the Master Plan of Highways from .six lanes to four lanes, and request County concurrence; direct staff to prepare a precise plan of highway alignment for a four - lane divided facility; and direct staff to prepare a report on acquiring right-of-way by a volunteer acquisi- tion program. Robert Boullon, Director, East Side Citizens Associa- tion, 201 Lillian Place, referred to the communication he had submitted to the Council which contained the following reasons for -the Association's opposition to the widening of Del Mar Avenue: (a) The project is unfair to the citizens in the neighborhood; (b) The assumptions used for projected traffic flows on Del Mar Avenue are questionable; (c) The City wants to widen the street only because its share of County roadway funding could be jeopardized. 'Mr. Boullon reviewed the Association's proposals for Del Mar Avenue: (1) Do not widen the street; (2) The City should insist upon construction of connectors between the Corona del Mar and Costa Mesa freeways; (3) Rather than widening the street, install side- walks; (4) Lower the speed limit to 25 miles per hour; (5) Install a stop sign at Del Mar and Elden Avenues; (6).The City should sell all.properties between Elden and Santa Ana Avenues immediately; (7) The City should lobby the County to delete Del Mar Avenue from the Master Plan of Highways; and (8) The Council should make a decision before the next election. Sid Soffer, 900 Arbor Street, opposed widening of the street until increased traffic justifies it. Doug Yates, 274 Cecil Place, expressed agreement with the recommendations made by Mr. Boullon. RECESS The Mayor declared a recess at 10:35 p.m., and the meeting reconvened at 10:45 p.m. Del Mar Avenue Susan Emerson, 270 Del Mar Avenue, stated that traffic EIR (continued) is already a problem on Del Mar Avenue, and consider- ing the traffic projections, she believed that Council should base its decision on the future needs of -the City, not the voting booth. The following persons spoke in opposition to the Del'Mar Avenue widening: Harold Lundell, 2608 Fairway Drive; Carla Brockman, 180 Del Mar Avenue; Bill Goochey, 207 Lillian Place; Philip Chipman, 2612 Westminster Place; Jim Aynes, 2811 Loreto Avenue; George Worsham, 209 Del Mar Avenue; Marie Maples, 461 Swarthmore Lane; and Bob Schwing, 205 Susannah Place. Mr. Worsham spoke again and suggested that the Mayor appoint a citizens committee to approach the County Board of Supervisors, requesting deletion of Del Mar Avenue from the Master Plan of Highways. Council Member Wheeler commented that he would reluc- tantly vote to certify the EIR even though he did not agree with the projected traffic count. Other than that, he believed the document was adequate. MOTION On motion by Council Member Hall, seconded by Mayor EIR Certified Hertzog, and carried 4-0, Environmental Impact Report No. 1024 was certified as having been completed in compliance with the requirements of the California Environmental Quality Act. MOTION Prepare Resolution On motion by Vice Mayor Hornbuckle, seconded by Mayor Rescinding Existing Hertzog, staff was directed to prepare a resolution Alignment rescinding the existing alignment (six lanes) for Del Mar Avenue. The motion carried 4-0. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Investigate Removal Member Wheeler, and carried 4-0, staff was directed to of Del Mar from approach the County staff with a proposal to remove the Master Plan of Del Mar Avenue from the Master Plan of Highways in Highways conjunction with the deletion of University Drive. Motion for "No A motion was made by Council Member Wheeler, seconded by Project" Failed Vice Mayor Hornbuckle, to indicate to the County that to Carry the Council desires a "no project" alternative for Del Mar Avenue from Elden Avenue to University Drive. The motion failed to carry 2-2, Council Members Hertzog and Hall voting no. COUNCILMANIC COMMENTS A motion was made by Council Member Wheeler, seconded by Council Member Hall, directing staff to draft a resolu- Council Salary tion to increase Council salaries to the maximum allowed Increase by law. The motion carried 4-0. Fence at Vice Mayor Hornbuckle asked the City Manager to direct Trailertown staff to investigate the condition of the Trailertown fence along Avocado Street. ADJOURNMENT The Mayor declared the meeting adjourned at 12:30 a.m. a r of the City of Mesa ATTEST: I ty Clerk of the City of Cost Mesa