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HomeMy WebLinkAbout12/01/1986 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 1, 1986 The City Council of the City of Costa Mesa, California, met in regular session December 1, 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 Doctor Connie Salios, Harbor Trinity Baptist Church. Council Members Present: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MINUTES On motion by Council Member.Wheeler, seconded by Council October 29 and Member Hornbuckle, and carried 5-0, the minutes of the November 17, adjourned joint meeting with the Redevelopment Agency 1986 of October 29, 1986, and the minutes of the regular meeting of November 17, 1986, were approved. ORDINANCES A motion was made by Council Member Wheeler, seconded by Council Member Hornbuckle, and.carried 5-0, to read all ordinances by title only. ORAL Mildred Kniss, resident of Costa Mesa Mobile Estates, COMMUNICATIONS 327 West Wilson Street, Costa Mesa, asserted that the owner of the mobile park has not yet submitted the Costa Mesa required parking plot plan to the City, and contended Mobile Estates that it is illegal for the owner not to produce that plan. Mayor Hall asked the Development Services Director to submit a memorandum to the Council regarding the plot plan prior to the next Council meeting on December 15, 1986. Ms. Kniss also mentioned that the rents have been increased again and suggested Council establisha cammittee for the purpose of stabilizing rents for mobile park residents. Don Hunter, member of Golden State Mobilhome Owners Lague (GSMOL), 1666 Newport Boulevard, Costa Mesa, spoke about forming a task force to deal with mobile hcame issues. Mayor Hall suggested that Mr. Hunter present a written report to the City Manager concern- ing formation of a task force. Canyon Park Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, spoke about the delays in developing Canyon Park because of stumbling blocks created by the State Coastal Commission and the Fish and Game Department. He asked the Council to attempt to expedite development of the.park. Mayor Hall directed the City Manager to prepare an updated report on Canyon Park. CONSENT CALENDAR On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, all Consent Calendar items were approved in one motion by the following roll call vote: L2 READING FOLDER AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Lewis Firestone; Katherine Brigante; Attorney Catherine A. Vincent on behalf of Raymond Hopkins and Christina Smith; 20th Century Insurance/Fred Masters; Attorney Raymond J. Mosher on behalf of Signal Maintenance, Incorporated; and David Lee Sorsabal. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Barn Licenses Steak House, doing business at 2300 Harbor Boulevard, Suite 31; Harborland Ventures, Incorporated, doing business at 330 East 17th Street; Steven S. Ly, doing business as Mesa Verde Liquor,_1520 Baker Street; Chau Minh Pham and An Duc Nguyen, doing business as Harbor Liquor, 1927 Harbor Boulevard, Suite B; Ring Associates, Incorporated, doing business as Brandon's, 3350 Avenue of the Arts; Southland Corporation, doing business as 7 -Eleven Store No. 2115-27007, 2244-A1 Fairview Road; and Sterling Liquors, Incorporated, doing business as Lion's Inn, 719-23 West 19th Street. Costa Mesa Letter from Rod Sackett, 2308 La Linda Place, Newport Golf Course Beach, concerning availability of the Costa Mesa Golf Course on weekends between 7:00 a.m. and 10:00 a.m. Monrovia Avenue Letter from Fern E. Walton, 2023 Monrovia Avenue, Closure Costa Mesa, thanking the Council for closing Monrovia Avenue. REJECTED CLAIMS On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim fron Raymond Clemens P. Clemens was rejected. Hopkins On motion by Council Member Hornbuckle, seconded by Vice Mayor Anburgey, and carried 5-0, the claim from Robert C. Hopkins was rejected. Ralph On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim frczm Alan D. Ralph was rejected. Scott On motion by Council Member Hornbuckle, seconded by Vice Mayor knburgey, and carried 5-0, the claim from Eric Dean Scott was rejected. AEMINISTRATIVE ACTIONS Bids received for Bid Item 742, IBM Computer Upgrade, are on file in the Clerk's office. On motion by Council Bid Iem 742/IBM Member Hornbuckle, seconded by Vice Mayor Amburgey, the Computer Upgrade contract was awarded to El Camino Resources, Limited, 16691 Milliken Avenue, Irvine, for $74,395.00. The MOTION motion carried by the following roll call vote: Awarded to AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, El Camino Hornbuckle, Buffa Resources NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 743 Bids received for Bid Item 743, Eighteen (18) Prefabri- Bus Shelters cated Bus Shelters, are on file in the Clerk's office. On motion by Council Member Hornbuckle, seconded by Vice MOTION/Awarded Mayor Anburgey, the contract was awarded to Ace Aluminum to Ace Aluminum Company, 1939 East Olive Avenue, Fresno, for $47,680.92. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 745 One bid received for Bid Item 745, Remove and Replace Fuel Storage Tanks Five Underground Fuel Srorage Tanks, is on file in the Clerk's office. Since the bid exceeded the budgeted MOTION amount by $68,000.00, staff recommended that it be Bid Rejected rejected. On motion by Council Member Hornbuckle, sec- onded by Vice Mayor Amburgey, and carried 5-0, the bid was rejected and staff was directed to prepare new specifications to be sent to interested contractors. Bid Item 746 Bids received for Bid Item 746, Exhibit "B", Turf Exhibit "B" Maintenance Equipment, are on file in the Clerk's Turf Maintenance office. On motion by Council Member Hornbuckle, sec - Equipment onded by Vice Mayor Amburgey, the contract was awarded to Bob Hicks Turf Equipment Company, Incorporated, 1274 MOTION North Red Gum Street, Anaheim, for $42,241.00. The Awarded to motion carried by the following roll call vote: Bob Hicks Turf AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Equipment Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 748 Bids received for Bid Item 748, Emulsion Sprayer, are Emulsion Sprayer on file in the Clerk's office. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the MOTION contract was awarded to Golden State Equipment Company, Awarded to Golden 1564-29 West Mission Road, Escondido, for $7,981.80. State Equipment The motion carried by -the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey,,Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Sole Source Staff requested authorization to purchase one No. 2 Purchase of Fire upper mid -fly section of the ladder for Fire Truck Unit Truck Ladder No. 517 from sole source vendor, Maxim, Incorporated, Post Office Box 1318, Middleboro, Maine, for $13,000.00. MOTION On motion by Council Member Hornbuckle, seconded by Purchase Vice Mayor Amburgey, the purchase was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Sole Source Staff requested authorization to purchase radio equip - Purchase of Radio ment for the Police Department from sole source vendor, Equipment Motorola, Incorporated, 2080 South Anaheim Boulevard, Suite 204, Anaheim, for $20,107.00. The radio equip - MOTION ment must be compatible with the existing Orange County, Purchase Law Enforcement frequencies and system and is a 1986-87 Approved budgeted item. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment A motion was made by Council Member Hornbuckle, seconded 87-42/Reconstruct by Vice Mayor Amburgey, approving Budget Adjustment 87-42 Golf Course for $38,540.00, for Reconstruction of the Golf Course, Phase II. The motion carried by the following roll call MOTION Adjustment Approved vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None Restated Deferred On motion by Council Member Hornbuckle, seconded by Vice Compensation Plan Mayor Amburgey, Resolution 86-126, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ADOPTING THE RESTATED DEFERRED COMPENSATION PLAN FOR Resolution 86-126 EMPLOYEES ON THE BASIC SALARY RESOLUTION, was adopted Adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Staff requested approval of an agreement with Orange Tallmantz Aviation Aviation, Incorporated, doing business as Tallmantz Center HVAC System, Aviation, 19711 Airport Way South, Santa Ana, for Helicopter maintenance of two police helicopters. The agreement Maintenance reflects an increase to $71.00 per flight hour for MOTION Helicopter N50161, and $114.00 per flight hour for MOTION Helicopter N5241N, excluding fuel and oil. On motion Agreement by Council Member Hornbuckle, seconded by Vice Mayor Approved Amburgey, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Bid Item 697, Modification of the Civic Center Heating, Bid Item 697/Civic Ventilating, and Air Conditioning (HVAC) System, Phase Center HVAC System, II, Parts B and C, has been completed to the satisfac- Phase II/Honeywell tion of the Director of Public Services by Honeywell, Construction Incorporated, Building Services Division, Post Office MOTION Box 92875, Chicago, Illinois. On motion by Council Work Accepted Member Hornbuckle, seconded by Vice Mayor Amburgey, Work Accepted the work was accepted; the Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Remodeling of the Baker Street Fire Station has been Baker Street Fire canpleted to the satisfaction of the Fire Chief by Station Remodeling/ Mr. Build Jacobs Construction, 5811 Westminster Avenue, Mr. Build Jacobs Westminster. On motion by Council Member Hornbuckle, Construction seconded by Vice Mayor Amburgey, the work was accepted; the Clerk was authorized to file a Notice of Completion,- ompletion;MOTION MOTION authorization was given to release retention funds 35 Work Accepted 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: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 �7 Completion of Monumentation for Tract 12055 has been completed to the Monumentation for satisfaction of the Director of Public Services by Fair - Tract 12055 by view Development Company, 2510 Shelley Circle, Costa Fairview Mesa. On motion by Council Member Hornbuckle, seconded Development by Vice Mayor A-nburgey, the work was accepted and the Monumentation Bond was ordered exonerated. The motion MOTION carried by the following roll call vote: Work Accepted AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract 12880, Fluter/ Tract 12880 Steiner, 510 - 30th Street, Newport Beach; one lot; Fluter/Steiner 0.924 -acre, located at 2666 and 2672 Elden Avenue, for condominiumpurposes. On motion by Council Member MOTION Hornbuckle, seconded by Vice Mayor Amburgey, the map Map Approved was approved; the Council did accept on behalf of the City the three-foot easement for public utility purposes as dedicated, and .the ingress/egress easement for emer- gency and security vehicle purposes as dedicated; did also approve said map pursuant to provisions of Section 66436(c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION Warrants 1341 and 1342 Approved CITY ATTORNEY REPORT Supreme Court Ruling Concerning Amphitheatre On motion by Council Member Wheeler, seconded by Council Member Buffa, Warrant Resolution 1341, including Payroll 8623, and Warrant Resolution 1342, were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: The City Attorney announced that the City received noti- fication that the State Supreme Court has made a ruling in a very important case affecting the City. The ruling has to do with a lawsuit filed by Concerned Citizens of Costa Mesa against the Orange County Fair Board and the operator of the Pacific Amphitheatre, Ned -West, Incor- porated. An earlier court ruling essentially derailed the lawsuit and the ruling by the State Supreme Court breathes new life into the case and it will be a means by which to obtain some change in the way the Amphi- theatre is operated. The specific ruling by the Supreme Court was that even though the Concerned Citizens of Costa Mesa did not challenge the validity of an Environ- mental Impact Report (EIR) within the normal six-month period after it was approved by the Fair Board, they could still challenge the EIR because there had been a change in the size and capacity of the Pacific Amphi- theatre after the Fair Board approved it. The case is back at the trial court level to continue its way. through the legal process. Council Member Wheeler thanked Concerned Citizens of Costa Mesa for their perseverance in the face of over- whelming odds because the problem they were addressing was one of substantial importance to all citizens of Costa Mesa, as well as to all citizens of California who are concerned with environmental issues. Council Member Wheeler commended Richard Spix, attorney for Concerned Citizens of Costa Mesa, for pursuing this issue all the way to the State Supreme Court. Lastly, he thanked the City Council for the financial support they provided for the appeal process. CITY MANAGER The City Manager referred to his memorandum dated Novem- REPORT ber 26, 1986, concerning the possible repurchase of the Mardan Foundation site located at 695 West 19th Street. Preliminary The preliminary estimate of fair market value has been Appraisal for established as $1,725,000.00 by Donahue and Company, Mardan Site Incorporated. Council Member Wheeler commented that the appraisal for the Mardan site is based upon the assumption that the Council will release a use restriction that is currently on the property. He asked if that restriction on the use of the property would bind a subsequent owner. Mayor Hall directed the City Attorney to inform the Council of the effect of the restriction on a potential future buyer. Ralph Sabin, Co-chairman of the Steering Committee for the Mardan Center building fund, believed an agreement could be reached, and announced that Mardan was prepared to enter into negotiations with the City. MOTION A motion was made by Council Member Hornbuckle, seconded Authorized City by Council Member Wheeler, and carried 5-0, authorizing Manager to Enter the City Manager to enter into negotiations for-acquisi- into Negotiations tion of the site located at 695 West 19th Street. PUBLIC HEARINGS The Clerk announced the public hearings, continued from EIR/GP-86-1D/ the meeting of November 3, 1986, for Urban Assist, R-86-02 Incorporated, 3151 Airway Avenue, Costa Mesa, authorized Urban Assist/ agent for Roy K. Sakioka, Incorporated/Sakioka Farms, Sakioka Incorporated, 14850 East Sunflower Avenue, Santa Ana, for property located south of Sunflower Avenue, east of Sakioka Drive, and west of Main Street and the Costa Mesa Freeway: EIR for GP -86-1D Environmental Impact Report (EIR) for General Plan Amendment GP -86-1D. GP -86-1D General Plan Amendment GP -86-1D, to change the land use designation from High Density Residential to Urban Center Residential, and to increase the Commercial Center use from 391,000 square feet to 1,438,000 square feet. R-86-02 Rezone Petition R-86-02, to rezone from PDR -HD (Planned Development Residential -High Density) to PDR -UC (Planned Development Residential -Urban Center). Mayor Hall reported that at the Study Session scheduled for December 8, 1986, the Council intends to discuss the concept of an Assessment District for the general area north of the San Diego (405) Freeway. The area contains four sizeable landholdings, one being the Sakioka prop- erty which is the subject of these public hearings. In view of. this information, the Mayor asked the applicant if he would be willing to continue the public hearings to the first Council meeting in March, 1987. Mitchell Brown, 611 Anton Boulevard, Suite 1120, Costa Mesa, authorized agent for Roy K. Sakioka, Incorporated, responded that the applicant is willing to continue the public hearings, and that he will be present at the Study Session. Council Members Buffa and Wheeler expressed their appre- ciation to Mr. Brown for his patience and spirit of cooperation. MOTION On motion by Council Member Hornbuckle, seconded by Held Over Council Member Wheeler, and carried 5-0, the public hearings were continued to the meeting of March 2, 1987. MOTION On motion by Council Member Hornbuckle, seconded by Staff Directed to Council Member Wheeler, and carried 5-0, staff was Bring Information directed to bring the contents of the memorandum dated to Study Session November 26, 1986, to the December 8 Study Session. PUBLIC HEARING The Clerk announced the public hearing, continued frem Appeal of the meeting of November 3, 1986, to consider an appeal PA-86-128/Norio of the Planning Commission's denial of Planning Action PA -86-128 from Mr. and Mrs. S. P. Horio, 9552 Henderson Way, Villa Park, for variances from open space and parking requirements to legalize the addition of paving for an existing apartment complex at 3016 Jeffrey Drive in an R3 zone. Environmental Determination: Exempt. The Development Services Director summarized the back- ground of this application since its original hearing before the Planning Commission on August 25, 1986. At that time, the request was denied and the applicant appealed to the City Council. On September 15, 1986, the Council referred this item back to the Planning Commission since the applicant presented new plans which the Commission had not seen. On October 13, 1986, the Planning Commission reviewed the revised landscape and parking plan. The front set- back variance was withdrawn because the applicant would be replacing the landscaping in the 20 -foot setback. The Planning Commission defied the variances from open space and parking requirements. The applicant again appealed the decision to the City Council. At the Council meeting of November 3, 1986, the public hearing .was continued to December 1, 1986, because of the lack of consensus for approval or denial of the variances. The revised plan shows approximately 27 percent open space whereas 40 percent is required. Not all areas originally landscaped are shown replanted since the applicant proposes to stripe parking spaces within some of those areas. A wooden fence, ranging frau three feet to six feet high would be placed along the property line to screen the parking. Instead of two parking spaces side by.side (the original situation), the applicant proposes to stripe two standard tandem spaces, two com- pact spaces, and a single standard space. Therefore, the parking variance is needed because Code does not allow tandem parking, the'project does not qualify for compact spaces, and the 8.5 -foot wide space next to the garage should be 9.5 feet wide. Mr. and Mrs. S. P. Horio were present and answered questions frau the Council. Mr. Horio reported that he could meet the requirement for the 9.5 -foot wide parking space. Mr. Horio indicated that he could replace addi- tional landscaping which would increase the open space to approximately 33 percent.- The Development Services Director was of the opinion that the additional land- scaping being proposed by Mr. Horio would increase the percentage of open space by three or four percent at most. Pam Price, 3014 Jeffrey Drive, stated that when the Horios paved their site, it made her property look like a parking lot. She asked that as much grass as possible be replaced, and commented that the fence will be an asset. Sid Soffer, 900 Arbor Street, Costa Mesa, was of the opinion that the narrow street frontage creates a site hardship, and that approval of the parking variance would alleviate the on -street parking problems. There being no other speakers, the Mayor closed the public hearing. Council Members Wheeler and Buffa did not believe a site hardship existed. They, and Council Member Hornbuckle, canmented that the applicant should provide the required 40 percent open space. MOTION A motion was made by Council Member Wheeler, seconded PA -86-128 by Council Member Hornbuckle, to uphold the Planning Denied Canmission's denial of Planning Action PA -86-128 based on the findings and analysis contained in the Staff Report. Responding to Mayor Hall's inquiry, the Development Services Director reported that a requirement for six- inch high curbing had been added to the conditions on Page 3 of the Staff Report. The Council Members agreed that Mr. Horio should not be required to provide any more improvements than those.originally required for that property. AMENDED MOTION Council Member Wheeler amended his motion by adding Conditions in Staff that the applicant shall replace the front and right Report Amended side paved areas with landscaping, and the applicant shall canply with conditions set forth on Page 3 of the Staff Report, under Section V-2, a, b, c, and d, but only if those conditions were originally required for the property. Any condition contained in the above paragraphs which is a new condition shall not be imposed upon the applicant. The amended motion was seconded by Council Member Hornbuckle, and carried 4-1, Mayor Hall voting no. PUBLIC HEARING The Clerk announced that this was the time and place Soffer Appeal set for the public hearing to consider an application of PA -86-165 from Sid Soffer, 900 Arbor Street, Costa Mesa, appealing Dove Hanes the land dedication requirement in connection with the Planning Canmission's approval of Planning Action PA -86-165, Eric Dakay, Dove Hanes, Incorporated, 1322 West 12th Place, Los Angeles, for a Conditional Use Permit to construct a drive-through restaurant within 200 feet of a residential zone, located at 744 West 19th Street in a Cl zone. Environmental Determination: Negative Declaration. The Affidavit of publication is on file in the Clerk's office. No communications have been received. Mayor Hall announced that he would not open the public hearing until Council resolves the issue of whether or not Mr. Soffer is a qualified appellant. The City Attorney summarized his memorandum dated November 26, 1986, stating that Costa Mesa Municipal Code Section 2-303(1) requires that only an "affected person" may file an appeal. An "affected person" is defined to mean: "any person, including the applicant, any City staff member, committee, commission, or Council, who has an interest in the matter at issue or whose health, safety, or welfare may be affected by the decision. The City Attorney recommended that unless Sid Soffer can establish some acceptable facts showing his property is affected by the restaurant project, it appears that he is not authorized to file the appeal. Mr. Ulloa, owner of the subject property, stated that neither he nor his son had any problems with the condi- tions of approval for this project. While addressing the Council, the appellant, Sid Soffer, 900 Arbor Street, Costa Mesa, did not present any facts that would qualify him as an "affected person" as defined in the Municipal Code. MOTION A motion was made by Council Member Wheeler, seconded Appeal Declared by Council Member Hornbuckle, declaring that Sid Soffer Invalid; Refund had no standing to raise this issue, and authorizing of Fee Authorized refund of the $25.00 fee paid by Mr. Soffer to file the appeal. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Paburgey, Wheeler; Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Mayor Hall explained to Mr. Ulloa that he can now proceed with his restaurant project. NEW BUSINESS The Clerk presented an ordinance establishing certain Redevelopment limitations for the Redevelopment Plan for the Costa Plan Limitations Mesa Downtown Redevelopment Project as required by California Health and Safety Code Section 33333.4. The City Manager reviewed a memorandum.from the Redevel- opment Consultant dated November 19, 1986. Last year the State Legislature approved Senate Bill 690 which requires redevelopment agencies to adopt an ordinance by December 31, 1986, to establish "project limits" for redevelopment plans adopted prior to 1977. Mark Korando, 582 Park Drive, Costa Mesa, asked what the time limit is for establishing of loans, advances, and indebtedness, etc., as stated in the aforementioned memorandum. The Mayor responded that the time limit is 40 years. Mr. Korando also asked what the time is for commencement of eminent domain proceedings to acquire property within the project area. The Mayor responded that the time limit is a maximum of 12 years from the date of adoption of the ordinance. Mayor Hall provided Mr. Korando with the budget compiled by the Finance Director as required by the Health and Safety Code. MOTION On motion by Council Member Wheeler, seconded by Council Ordinance 86-24 Member Buffa, Ordinance 86-24, being AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reding ESTABLISHING CERTAIN LIMITATIONS FOR THE REDEVELOPMENT PLAN'FOR THE COSTA MESA DOWNTOWN REDEVELOPMENT PROJECT AS REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 33333.4, was given first reading and passed to second, reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: .COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1985 Uniform The Clerk presented an ordinance to adopt the Uniform Fire Code Fire Code for 1985, making certain.amendments thereto, and repealing Chapter II, Fire Prevention. eJ�v MOTION On motion by Council Member Buffa, seconded by Council Ordinance 86-25 Member Hornbuckle, Ordinance 86-25, being AN ORDINANCE Given First OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING Reading THE UNIFOPM FIRE CODE FOR 1985, MAKING CERTAIN AMEND- MENTS THERETO, AND REPEALING CHAPTER II, FIRE PREVEN- TION, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Council Policy The Clerk presented Council Policy 500-3, regarding 500-3/Density means of conpliance with Government Code Section 35915 Bonuses and Other (Density Bonuses and Other Incentives). Incentives Mike Korando, 582 Park Drive, Costa Mesa, asked if Council has discussed the issue of rounding off the number of units when a density bonus results in a fraction of a unit. Mayor Hall responded that he will discuss that issue during Councilmanic Comments. Council Member Wheeler commented that he has been opposed to density incentives and opposed them in conjunction with lot combinations; however, in this case, State law mandates it. MOTION On motion by Council Member Wheeler, seconded by Council Council Policy Member Hornbuckle, and carried 5-0, Council Policy 500-3 500-3 Adopted was adopted. Council Policy The Clerk presented a request for direction to staff 500-2/Processing regarding acceptance and processing of General Plan General Plan Amendment GP -87-1A, pursuant to Council Policy 500-2. Amendments The Development Services -Director summarized the Plan- ning staff memorandum of November 19, 1986. The City Council adopted Council Policy 500-2 relating to the processing of privately initiated General Plan Amendment applications. Based on this policy, the City Council shall screen applications to determine which ones will be accepted for processing based on, but not restricted to the following criteria: The amendment would resolve an inconsistency between the General Plan designation and zoning. The amendment would provide a uniform land use designation on a single parcel or development site. The amendment would result in decreased traffic impacts. Since October one General Plan Amendment (GP -87-1A) has been received for the Whelan property at 655 Baker Street. Since that time, the property (16 acres) has been sold to Arnel Development Company. The applicant is requesting a change in the land use designation on the southerly 5.8 acres from General Commercial to High Density Residential. The remainder of the site has an existing designation of High Density Residential. Staff has concluded that based on Council Policy 500-2, this General Plan Amendment complies with the criteria for processing since it would provide a uniform land use designation on a single development site if approved. MOTION A motion was made by Council Member Buffa, seconded by Staff Directed to Council Member Wheeler, and carried 5-0, directing staff Process GP -87-1A to accept and process the General Plan Amendment for property at 655 Baker Street. 1 y"'_ti--/fl COUNCILMANIC Council Member Buffa reported that he is applying for COMMENTS two Orange County Lague of Cities cama ittees: Orange County Waste and Hazardous Material Management Advisory Application for Commission, and the Orange County Centennial, Incorpor- Two Lague of ated. He asked for the Council's unanimous endorsement. Cities Committees Mayor Hall mentioned that it is very helpful to appli- cants if their Councils endorse them, and requested the City Manager to prepare a letter for the Mayor's signa- ture to be sent to each member city. MOTION A motion was made by Council Member Wheeler, seconded by Council Member Vice Mayor Amburgey, and carried 5-0, endorsing Council Buffa Endorsed Member Buffa's application for appointment to the two aforementioned Lague of Cities committees. Citizens vs. Council Member Wheeler thanked Supreme Court Justices Amphitheatre Bird, Reynoso, Grodin, and Broussard for their astute jurisprudence in the citizens case against the Fair Board and Amphitheatre. Rounding Off for Mayor Hall addressed the issue of rounding off the num- Density Bonuses ber of units for density bonuses. Council Member Buffa reported that the Planning Commission had presented an arithmetical system for staff to review. The Develop- ment Services Director stated that staff is still work- ing on this project, and when it is completed, he will report to the Council by memorandum. MOTION A motion was made by Council Member Wheeler, seconded by Advertise for Council Member Buffa, and carried 5-0, directing the City Planning Manager to advertise in the appropriate manner for Commissioner applicants to fill the vacancy on the Planning Commis - Applications sion, and to accept applications through December 15, 1986. West Side Town Mayor Hall announced that a Town Hall meeting will be Hall Meeting held at Rea Community Center on December 10, 1986, at 7:OO p.m., to discuss the West Side Traffic Circulation Plan. ADJOURNMENT The Mayor declared the mee adjou ned at :15 Mayor of the City of Costa Mesa ATTEST: JAIA p Ci y Clerk of the City of Costa M a