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HomeMy WebLinkAbout01/19/1987 - City Council"I�1361 a -J ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 19, 1987 The City Council of the City of Costa Mesa, California, met in regular session January 19, 1987, 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 Ms. Linda McConnehea, First Church of Christ Scientist. 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 Hornbuckle, seconded by January 5 and Council Member Buffa, and carried 5-0, the minutes of January 12, the regular meeting of January 5, 1987, and the 1987 adjourned meeting of January 12, 1987, were approved as distributed. ORDINANCES A motion was made by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0., to read all ordinances by title only. PROCLAMATION Council Member Wheeler was absent from the dais at this Selective Service time.. Mayor Hall proclaimed the month of January, 1987, Registration as Selective Service Registration Awareness Month. He Awareness Month stated, in effect, it is still necessary to register for selective service. Council Member returned to the dais. ORAL COMMUNICATIONS The Mayor inquired of the audience if anyone wished to speak under•Oral Communications and no one responded. CONSENT CALENDAR The following item was removed from the Consent Calendar: Item 4(a), Claim from Katherine Brigante. On motion by Council Member 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: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Hornbuckle,, seconded by Council Member Wheeler, and carried•5-0, the following Reading Folder items were received -and processed: Claims Claims received by the City Clerk: Paul Alexander; State Farm Insurance/Robert Bourdieu; Attorney Phillip D. Hamilton on behalf of Eleanor and Ted Dona; Attor- ney Frank P. Barbaro on behalf of Lynda Kitchen; Attorney Ralph L. Hansen on behalf of Robert Lindsey; Evelyn A. Pappas; and Attorney Michael F. Smith on behalf of Kevin Shanks. Alcoholic Beverage Alcoholic Beverage License application for which park - Licenses ing has been approved by the Planning staff: Syed M. 1 1 -G7 Hossain, Kiritkumar Patel, and Dimuth Wijemanne, doing business as Plaza Verde Liquor and Deli, 1525 Mesa Verde Drive East, Suite 127-129; and The Southland Corporation, doing business as 7 -Eleven Store No. 2115-27621, 3001 Bristol Street, Suite A. Public Utilities Notice from the Public Utilities Commission that Commission Southern California Edison Company has filed Applica- tion No. 86-12-047 (NOI No. 86-10-057) for authority to increase its electric service rates. Costa Mesa High Letter from J. Scott King, Costa Mesa High School, School Tall Flag Instrumental Music Department, 2650 Fairview Road, Team Costa Mesa, requesting financial assistance from the City for the team to compete in the Western United States regional competition in Portland, Oregon, March 28 and 29, 1987. Costa Mesa.Golf Letter from Rod Sackett, 2308 La Linda, Newport Beach, Course Tee Times concerning availability of prime weekend tee times at the Costa Mesa Golf Course. SET FOR PUBLIC On motion by Council Member Hornbuckle, seconded by HEARING Council Member Wheeler, and carried 5-0, the following items were set for public hearing February 2, 1987, at 6:30 p.m., in the Council Chambers of'City Hall: Ordinance.Amending Ordinance amending Title 13 of the Costa Mesa Municipal Title 13 of -Costa Code to bring the Floodway and Floodplain Regulations Mesa Municipal Code into conformance with the changes in Federal law. Environmental Determination: Exempt. R-87-03 Rezone Petition R-87-03, Gerald Sy Golob, 23011 Golob/Morales Moulton Parkway, Suite I-9, Laguna Hills, authorized agent for Joe T. Morales, for permission to rezone property at'736 Baker Street from R2 to R3. Environ- mental Determination: Negative Declaration. REJECTED CLAIMS On motion by Council Member Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Crippen Barbara Crippen was rejected. Stropoli On motion by Council Member Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Melody Stropoli was rejected. ADMINISTRATIVE ACTIONS One bid received for Bid Item 752, One Leased Vehicle for the City Manager, is on file in the Clerk's office. Bid Item 7.52 On motion by Council Member Hornbuckle, seconded by One Leased Council Member Wheeler, the contract was awarded to Vehicle Theodore Robins ILeasing.Company, Incorporated, 2096 Harbor Boulevard, Costa Mesa, for $336.55 per month. MOTION The motion carried by the following roll call vote: Awarded to AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Theodore Robins Hornbuckle, Buffa Leasing NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 753 One bid received for Bid Item 753, Two Vehicles for Fire Two Vehicles for Department, is on file in the Clerk's office. On motion Fire Department by Council Member Hornbuckle, seconded by Council Member Wheeler, the contract was awarded to Jim Click Ford MOTION Company, 43 Auto Center Drive, Irvine, for $14,098.39 Awarded to Jim plus tax and $13,290.33 plus tax. The motion carried by Click Ford the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Traffic Signal Bids received for Traffic Signal Modification on Harbor Modification Boulevard at Gisler Avenue are on file in the Clerk's office. On motion by Council Member Hornbuckle, sec - MOTION onded by Council Member Wheeler, the contract was Awarded to Signal awarded to Signal Maintenance, Incorporated, 2720 East Maintenance Regal Park Drive, Anaheim, for $70,133.00. 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 Ccanpletion Renovation of Tot Lot and Landscaping at TeWinkle Park General Procurement has been completed to the satisfaction of the Director Budget Adjustment On motion by Council Member Hornbuckle, seconded by 87-57/Iowa Street Council Member Wheeler, Budget Adjustment 87-57, for Retaining Wall $15,000.00, to design and construct the Iowa Street retaining wall, was approved by the following roll call MOTION vote: Adjustment AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Hornbuckle, seconded by 87-58/Design Council Member Wheeler, Budget Adjustment 87-58, for Improvements at $70,000.00, for design improvements at Fairview Park, Fairview Park Phase I., was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, MOTION Hornbuckle, Buffa Adjustment NOES: COUNCIL MEMBERS: None, Approved ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Hornbuckle, seconded by 87-59/Design of Council Member Wheeler, Budget Adjustment 87-59 for Median and Parkway $45,000.00, for design of median and parkway on Mesa on Mesa Verde Loop Verde Loop, was approved by the following roll call vote: of Leisure Services by General Procurement and Construc- tion Ccmpany, Incorporated, 3100 Airway Avenue, Suite 138, Costa Mesa. On motion by Council Member Hornbuckle, Renovation of Tot seconded by Council Member Wheeler, the work was Lot/Tewinkle Park accepted; the Clerk was authorized to file a Notice of Completion; authorization was given to release retention MOTION funds 35 days thereafter; the Labor and Material Bond Work Accepted was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months there- after. 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 Change Order "B" The Project Manager, Fire Administration, requested Boyle Engineering approval of Change Order B, for $4,250.00, to the con- tract with Boyle Engineering Corporation, Post Office Box 3030, Newport Beach, in connection with Civic Center Civic Center Fire Station Design. Additional preparation of new Fire Station "Title 24" energy conservation calculations and minor Design revisions to meet the requirements of new regulations were necessary. On motion by Council Member Hornbuckle, MOTION seconded by Council Member Wheeler, the change order was Charge Order approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Hornbuckle, seconded by 87-57/Iowa Street Council Member Wheeler, Budget Adjustment 87-57, for Retaining Wall $15,000.00, to design and construct the Iowa Street retaining wall, was approved by the following roll call MOTION vote: Adjustment AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Hornbuckle, seconded by 87-58/Design Council Member Wheeler, Budget Adjustment 87-58, for Improvements at $70,000.00, for design improvements at Fairview Park, Fairview Park Phase I., was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, MOTION Hornbuckle, Buffa Adjustment NOES: COUNCIL MEMBERS: None, Approved ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Hornbuckle, seconded by 87-59/Design of Council Member Wheeler, Budget Adjustment 87-59 for Median and Parkway $45,000.00, for design of median and parkway on Mesa on Mesa Verde Loop Verde Loop, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Adjustment Hornbuckle, Buffa Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Hornbuckle, seconded by 87-63/Additional Council Member Wheeler, Budget Adjustment 87-63 for Position, Sanit- $16,360.00, for the addition of a Pump Technician ation Budget position in the Sanitation Budget, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Adjustment Hornbuckle, Buffa Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Design Contract On motion by Council Member Hornbuckle, seconded by 405 Overcrossing: Council Member Wheeler, the Public Services Director was Dokken Engineering authorized to negotiate a design contract with Dokken Engineering, 3217 Ramos Circle, Sacramento, in an amount MOTION not to exceed $105,799.00, for design plans to widen the Contract Fairview overcrossing at the I-405. The motion carried Negotiations by the following roll call vote: Authorized- AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Claims from Mladen The Director of Public Services requested settlement of Buntich two claims frau Mladen Buntich Construction Ccanpany, 9946 Rancho Caballo Drive, Sunland, for a total of Santa Ana -Delhi $6,000.00, in connection with construction of the Santa Storm Drain Ana -Delhi storm drain. On motion by Council Member Hornbuckle, seconded by Council Member Wheeler, settle - MOTION ment of the claims was authorized by the following roll Settlement call vote: Authorized AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference Advance On motion by Council Member Hornbuckle, seconded by Council Member Wheeler, Conference Advance for $505.00, MOTION for a police officer to attend an Accident Investigation Advance Course in Riverside, February 2-7, 1987, was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Public Contact Training/Edward C. Caprielian, Ph.D. MOTION Contract Negotiations Authorized Claim Brigante OLD BUSINESS - North Costa Mesa Specific Plan On motion by Council Member Hornbuckle, seconded by Council Member Wheeler, the City Manager was authorized to negotiate a contract with Edward C. Caprielian, Ph.D., 3509 Elm Avenue, Manhattan Beach, for public contact training. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler Hornbuckle, Buffa None None Item 4(a) on the Consent Calendar was presented: Claim from Katherine Brigante. The City Attorney will settle this claim. The City Clerk presented the Specific Plan for North Costa Mesa (that area bounded by the 405 Freeway, Costa Mesa Freeway, Sunflower Avenue, and the Santa Ana River). The City Manager referred to his memorandum to the City Council dated January 14, 1987, outlining the recommen- dations of the staff on the North Costa Mesa Specific Plan concept. He mentioned that this matter was discus- sed at the January 12, 1987, study session and it was requested, at that time, that the matter be brought before the City Council so that the Council could vote on specific directions to the staff. He referred to recommended actions I through V which the staff feel are necessary to proceed on a Specific Plan if that is the Council's intent. The City Manager requested that specific questions on the I-405 Access Study be deferred until it is looked over in study session January 26, 1987, at -2:00 p.m. The Mayor requested that this item be discussed and referred to the first item in the City Manager's memorandum: Direct staff to initiate preparation of a Specific Plan for North Costa Mesa. Council Member Buffa urged that this Specific Plan be focused on a traffic circulation system which is an overriding concern and to have an innovative, effective traffic system instituted in the north end of the City as quickly as possible. The Development Services Director responded to questions by Mayor Hall that it was his understanding that in the I-405 Study, the maximum land use proposals submitted to date were used on all four of the vacant sites, and that the commercial -retail would be the highest traffic generator. Ccmmercial-office would be higher than residential. Mayor Hall referred to Item 3 of the City Manager's memorandum and asked if a focused EIR would address the traffic circulation element. The Development Services Director responded to both Mayor Hall's and Council Member Buffa's questions. The problem is that the City needs a plan for the ultimate circulation system to be designed for the greatest capacity possible in that area, based on land use needs and considering the ultimate development capacities of the four properties. If the City develops a circulation plan and access, the developers are to be charged for the circulation improvement system. The property owners must be guaranteed a certain level of development rights. An Environmental Impact Report is used to tie the two together. He stated it is unknown what is planned for the four parcels of property, and a Specific Plan would not be necessary if preliminary and final development plans were approved. Then, the I-405 Study could be submitted and the funding mechanism distributed on the properties. The Development Services Director said, if it were decided to use whatever was proposed for these areas in the past, that would be the maximum environmental threshold; from this, a Specific Plan could be written, and all that would be required is to establish maximum building heights and writing an EIR that addresses those heights. Council Member Buffa expressed his concern, referring to Items 2 and 3 of the City Manager's memorandum, where an exceptional amount of time could be spent and recom- mended synthesizing the information already documented. The Development Services Director concurred. 3 �7 Council Member Wheeler stated that the problem of the prior EIR's is that none of them canprehensively consid- ered the other proposed projects. They are not relevant to what is trying to be accomplished, and he disagreed that the Specific Plan should be limited merely to transportation for two reasons. The Council has heard, several times, that they would go on the assumption that all the maximum intensity and other development that has been proposed is going to be built out and would be designed from there. Council Member Wheeler stated he is not willing to accept that assumption. There are reasons, other than traffic, why it might not be wise to allow maximum build -outs as proposed. Pollution, noise, mixed-use crowding, putting residential up against commercial, that might make those things not acceptable and might require a specification in the plan on how the people could use the property. The second reason, as part of this process, evaluation of the measures pro- posed is going to have to be done to see which of them is acceptable politically. He feels we need to take a look at some of the staff proposals including land use, building height, and open space to establish parameters. He concluded that all of the ramifications should be looked at rather than just what has been proposed. Council Member Buffa disagreed with Council Member Wheeler on the question of the EIR's; and, in turn, dis- agreed with the EIR required for this Specific Plan in this memorandum. He mentioned the 43rd of the 43 EIR's, the Sakioka Fauns Master Plan, which did consider the ultimate build -out of all the four major parcels. Some of the studies have considered the ultimate build -out. Given this to work with, it should be something which can be accomplished rapidly. Mayor Hall agreed with.Council Member Wheeler. If, in fact, some of the circulation elements are not feasible, the particular area impacted with the decrease in circu- lation; or, perhaps, in whole areas, densities would have to be lowered. Vice Mayor A-nburgey asked if by next Council meeting a draft.for a reccm[nendation on the.I-405 Access Study could be prepared. Mayor Hall commented he feels Vice Mayor Amburgey is talking about a draft, Specific Plan. A Specific Plan, as Mayor Hall understands it, is not identifying every individual improvement, it is more of a Policy Statement Specific Plan, addressing densities and circulation to acccamodate those.densities. Vice Mayor Amburgey stated his comments are in regard to the staff's opinion as to what would be necessary for traffic improvements to create the Level of Service, level "D", with the infor- mation obtained from the four property owners as to their intensity of developments. Vice Mayor Amburgey mentioned that after next Monday's study session, perhaps two or three town hall public review meetings could be conducted within the community on.the north end so that input from the community can be obtained. The City Manager asked if Vice Mayor Amburgey is requesting this be done before the next Council meeting. He clarified that he is requesting the draft by the next Council meeting; in the next two weeks from that point on, public review meetings could be held. At the conclusion of the public review meetings, action could be taken. This would take place around April 1, 1987. The City Manager stated that recommendation No. 5 would essentially accomplish this, perhaps with some modification to include the I-405 Access Study in terms of directing staff to detail Public Review process. The Traffic Circulation Plan could be included with the Specific Plan. He feels any address for public input should include both plans since they are interdependent. Council Member Hornbuckle commented she feels this Specific Plan should go to the Planning Commission for their -input before it comes back to the Council. Council Member Hornbuckle addressed Item No. 2 of the City Manager's memorandum of January 14, 1987. She feels it would be extremely shortsighted if a plan were put together to permit developers to begin developing without considering other important factors in North Costa Mesa. Traffic is not the only issue in North Costa Mesa. General land use policies should be deter- mined. All four of the items under Item II -B are all extraordinarily important: (1) Acceptable land uses on each site; (2) Maximum building height; (3) Maximum FAR (Floor Area Ratio); (4) Minimum open space requirement. Council Member Hornbuckle added that traffic may be the most important consideration in North Costa Mesa but the other issues should not be ignored. She referred to the November 26, 1986, memorandum from staff. Their conclu- sion clearly states that Council should first provide land use policy direction for staff to implement. To that end, a Specific Land Use Plan would be one of the two best alternate methods to pursue, the other one being the adoption of maximum floor area ratios. She stated it is her feeling that we do not need to be in such a hurry to get a Specific Plan in place that the other issues are ignored. She stated she feels very strongly that a Specific Plan should include all of the other items. In that we are in the middle of a General Plan review, the Specific Plan can also dovetail with that review. Vice Mayor Amburgey responded to Council Member Hornbuckle that this Specific Plan should be concerned with traffic, and that it should not be the only tool to approve development in the north side. The development by the property owners on the north side would have to came before the Council for review but they would have already met their traffic requirements. Council Member Hornbuckle stated what she hears several of the members of the Council saying is that the maximum projects that the developers have proposed should be used as the acceptable land uses in that area. Most of these proposals are not acceptable to Council Member Hornbuckle. Council Member Buffa stated that even if no more build- ing were to be done, the traffic would continue to deteriorate. This Council must take a much more aggres- sive approach toward traffic. As an example he referred to the CENTROCCS (Central Orange County Circulation Study) fund as having approximately $2 million which should have been spent long ago. There are not many traffic improvements that this money is going to fund but there are any number of traffic design improvements that the money could be used for today. Whatever is decided upon to put the'Specific Plan in place, those projects have been designed and are ready to be imple- mented. The people in the north end of the City are concerned with the discussions and debates regarding growth and development; but, while these have gone on, basically no major traffic improvements have happened in the north end. He concluded by stating we need to move on the major traffic improvements now. Mayor Hall stated we are talking two phases to this Specific Plan, two levels. The first thing that needs to be accomplished is to make a Specific Plan policy statement stating what goals are desired. The next phase in that Specific Plan is to identify the transpor- tation circulation elements that are needed and how much density they can accommodate. As far as acceptable land uses, he would like to seethe plan based on the highest density land use. A message must be communicated to the residents of the community that the Council is sincerly concerned about traffic and that we want to get started accomplishing something. For a starting point, let us use those proposals that have been submitted. The property owners have some idea of what is reasonable useage for the land because they have done market surveys and they know what sells. Mayor Hall commented he is in agreement with Council Members.Hornbuckle and Buffa and feels they are saying the same thing but at a different point in time. Council Member Hornbuckle stated she feels it is very important we proceed with a Specific Plan and that the plan deals with traffic and certainly, we can be unanimous that transportation and traffic issues are a prime consideration. She feels it is shortsighted to concentrate on traffic and transportation issues and ignore the other issues that are equally important. Perhaps the public review process will produce some input that can be used. She would not vote against proceeding on a Specific Plan but feels the other issues should be addressed. Mayor Hall concurred. Council Member Wheeler stated he must take issue with some statements that have been made. Oftentimes propo- nents of increased development mention that if not another building is built in Costa Mesa, traffic would continue to get worse. Costa Mesa and Irvine have the highest growth rate in the County, which probably means .we generate more traffic. He mentioned CENTROCCS is a phased program with staged traffic projects and the $2 million has probably been allocated toward traffic projects. Money in CENTROCCS must be spent in conjunc- tion with other cities, as it is an inter -city agreement. Council Member Wheeler understands that some of the Council would like to limit consideration to traffic only and assume we will maximum build -out the area and design a traffic system for it. Other Council members would like to take a look at four of the issues: Maxi- mum building height, traffic, and land use among them. He feels the maximum land use proposals will probably be approved by the Council. His feeling is that the other subjects will not be discussed in the community meetings because if someone brings up pollution, or land use, etc., the Chair of the meeting will ask them, quite properly, to confine their remarks to what is being considered which would be traffic. He stated he would like to have public input on all four of the elements as proposed by staff rather than limiting the public to the one area. Also, some of the public review process would be defeated as regards to involving the public in as many decisions as possible. He feels the proposals, as submitted, will probably pass the Council by 3 to 2. The plan will probably be limited to transportation only by a 3 to 2 vote. He does not feel the people in North Costa Mesa will accept a decision to build a skyscraper no matter what the traffic is. Council Member Buffa stated there is an enormous oppor- tunity in the north end of the City for a traffic system that is more visionary and more innovative than just moving cars around. This system should work like a Swiss watch for the residences in the north end for whatever the commercial uses are. He stated he refuses to be intimidated by the traffic problems in this City and Orange County. To put solutions in place, a more aggressive stance must be taken; traffic problems can be solved. Council Member Buffa asked the Public Services Director if the $2 million in the CENTROCCS Fund has been ear- marked for specific projects. The Public Services Director responded that he would have to look into this in more depth since the money is basically in three different areas: Money in the bank, money to cane in, and money still owed to us. The bulk of the money is committed to approximately five projects which are under construction, recently completed, and/or in the design 1' stages. Mayor Hall commented that funds have been collected for circulation improvements through developer fees. By the time we would collect all the fees for a ten -to 15 -year buildout in the north end, based on today's dollars with today's inflation, we would never catch up with what is necessary. One part of the Specific Plan, which has been discussed, is an assessment district with assess- ment bonds. By doing this, we would not have to wait for the development of the area. Part of the plan needs to include some type of people movers, whether fixed rail, moving sidewalks, etc., in the whole north end to carry people from one end to the other. Council Member Hornburckle commented on Costa Mesa purchasing the Newport Trollies. Council Member Buffa stated that if the study accomplishes what is expected, and if there is something like the Newport Trollies, there may be a people mover to carry people from the Broadway/Robinson's complex to South Coast Plaza, a subterranean system that moves people from South Coast Plaza to Town Center and the Performing Arts Center. The mixed use system could be utilized in the north end, and a person could park his car once at the beginning of the day. Vice Mayor Amburgey went back to Council Member Hornbuckle's comment that the developers never recommend something less than what the Council would accept. He stated a plan of this nature has never been tried and would be a first for Orange County and the area. Costa Mesa would be taking a leadership roll to do this. Should the property owners elect to come in with a plan that would build to the maximum of what Council would allow, then that would be acceptable for traffic on our roadways. Mayor Hall called for comments from the north end property owners who were present in the audience. Max Nardoni, Transpacific Development Company, 575 Anton Boulevard, Costa Mesa, representing the Curci 1 England Company, introduced himself. Mayor Hall asked if Mr. Nardoni was willing to subject himself to an extraction for an Assessment District to pay for trans- portation facilities. Mr. Nardoni responded he would be in favor of an Assessment District to move forward and address the traffic issues in the North Costa Mesa area. An Assessment District would allow the traffic improve- ments to be built prior to, or concurrently with, addi- tional development that occurs. He went on to say, the burden of the assessments should be shared by all commercial traffic generators, existing, as well as future. Mayor Hall referred to density levels and asked Mr. Nardoni if he is willing to commit himself financi- ally to the highest density he has requested to date. Mr. Nardoni replied, "yes", and he strongly supports .the process which is taking place, and canplimented the ,City staff in identifying the issues and coming up with a set of recommendations. Malcolm Ross, C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, was asked by Mayor Hall, based on what he has heard tonight, would the Segerstram organization subject themselves to the extraction for the Assessment District to accommodate transportation improvements. Mr. Ross replied, "yes, if an Assessment District proves to be the mechanism which is the easiest, simplest, most effective way to solve this problem, certainly yes". George Sakioka., Sakioka Farms, Incorporated, 14850 East Sunflower, Santa Ana, stated he is encouraged by listen- ing to discussions from the City Council. Mayor Hall asked if Sakioka Farms would be willing to have an extraction for the Assessment District on their proper- ties.. Mr. Sakioka stated that as far as Assessment Districts go, several types of Assessment Districts must be looked into. As long as.property owners are assessed in a fair manner, and according -to benefit, he sees no reason why they would not support it. -Sid.Soffer, 900 Arbor Street, Costa Mesa, stated the majority of money South Coast Plaza contributes to the City goes into a general fund. He stated the City is getting revenue fran South Coast Plaza and asking the developer for more. He concluded in stating he is happy to see the City looking for an overall plan and address- ing the issue. All surrounding Cities should get together to decide how they are all going to pay toward a solution for solving the traffic problem to which they are all contributing. Mark Korando, 582 Park Drive, Costa Mesa, camended the staff is putting together an excellent document which addresses the concerns of the people. He stated that any attempt not to include all five recamnendations made by staff would be an oversight on the Council's part, and that traffic is the important plan to be mitigated, but if the total problem is not addressed, you are not addressing any problem. Michael.Nutter, 3469 Plumeria, Costa Mesa, suggested if - traffic studies and proposals.are done to handle peak capacities, the Council and developers could then simply approve projects that have been previously proposed and on the board. He referred to a questionnaire, during a recent campaign, which showed that a large percentage of people responding, are concerned about height and 70 plus percent felt that a height limitation should be dry imposed. He concluded, by handling the problem on a two-phase basis, perhaps some resolution of the traffic situation can ultimately take into consideration the other problems of concern. The Development Services Director stated he is hearing a request for two types of plans. One, which staff recommended, concerned land use delopment standards. The second plan being discussed is strictly a circula- tion improvement plan. Council is asking for a Specific Plan which identifies all of the circulation improve- ments that might be pulled out of the I-405 Access Study, and other staff items, which can be accomplished rather quickly, perhaps not by the next meeting but as soon as possible. If Council is referring to a plan that encompasses development standards, that would take a longer period of time to prepare. A land use consult- ant would be required to work with staff to write out a document that identifies the issues. Motion Clarified Jerry Odegaard, 6447 Via de la Reine, Bonsall, agreed with the thesis that emphasis on traffic should not be burdened with issues that have been overstudied. We should not dilute the major problem the City has had for a number of years. MOTION Council Member Hornbuckle moved, seconded by Council Initiate Specific Member Wheeler, to direct staff to initiate preparation Plan and .Focused of a Specific Plan for the North Costa Mesa area and EIR, North Costa direct staff to initiate preparation of a focused EIR Mesa covering the plan. Council Member Buffa requested time EIR limitation consideration on recommendation number one, and a first draft of the Specific Plan by the next Council meeting, and on the EIR, a time line in terns of how the EIR process might proceed. Council Member Hornbuckle responded, she feels staff understands it is the Council's intent to have this back to Council as AMENDED MOTION rapidly as possible. Council Member Wheeler suggested Staff Proceed As amending the motion that staff should proceed as soon Soon As Possible as feasible and Council Member Hornbuckle agreed to add it to the motion. The Development Services Director stated he is hearing a request for two types of plans. One, which staff recommended, concerned land use delopment standards. The second plan being discussed is strictly a circula- tion improvement plan. Council is asking for a Specific Plan which identifies all of the circulation improve- ments that might be pulled out of the I-405 Access Study, and other staff items, which can be accomplished rather quickly, perhaps not by the next meeting but as soon as possible. If Council is referring to a plan that encompasses development standards, that would take a longer period of time to prepare. A land use consult- ant would be required to work with staff to write out a document that identifies the issues. Motion Clarified Council Member Hornbuckle clarified the motion to direct staff to initiate preparation of a Transportation Ele- ment Specific Plan and the focused EIR. Council Member Wheeler withdrew his second on the motion, and Council Member Buffa stated he would second the motion. AMENDED MOTION Mayor Hall asked Council Member Hornbuckle to complete Prepare Traffic her statements. Council Member Hornbuckle motioned, Circulation Specific seconded by Council Member Buffa, to initiate prepara- Plan, North Costa tion of a Traffic Circulation Specific Plan. The Mesa, and Focused Development Services Director replied to a question by EIR Council Member Buffa, that the Council would get back a document that is a refined circulation element of a General Plan that focuses on that general area, and it would principally be the I-405 Access. Study with staff turning it around into a plan that tells graphically, here is how you would do it. Council Member Buffa asked what a reasonable time frame would be. The Public Services Director stated it will depend on the outcome of next Monday's study session and subsequent public hearing. Vice Mayor huburgey stated, after the next study session, and, if possible, before directing staff to select one of the alternatives, public reviews be held to obtain input on three of the alternatives. The Development Services Director stated the public cc ment section will dictate ultimately, through the Council, which alternative will develop the final Specific Plan. Council Member Wheeler stated the basic problem, is taking whatever the developers have proposed up to now, even though it has not been approved, and use this as an acceptable use in the north end, which is unacceptable to him. Council Member Wheeler stated, a mere trans- portation plan that does not consider the land use, building height, floor area ratios, and open space requirements is inadequate. Staff has said this many times. He cannot support the motion as it is stated. Mayor Hall interjected to clarify that none of the Council has said that the density levels submitted thus far are acceptable. What has been said is that some- thing is needed on which to base a circulation plan. MOTION RESTATED Mayor Hall restated the motion on the floor to make sure Transportation that it is proper and that everyone understands it: Circulation Plan Direct staff to initiate the preparation of a Transpor- Based On Density tation Circulation Specific Plan for North Costa Mesa And EIR For Area based on the density proposals as submitted by all Requested Of property owners to this date and to initiate the prepar- Staff ation of a focused EIR covering that plan. Council Member Wheeler wanted the record to reflect that he is for an effective transportation plan for North Costa Mesa, and this is not an effective transportation plan because it does not consider all of the associated problems that crane with the traffic. The motion carried 4-1, Council Member Wheeler voting no. MOTION A motion was made by Council Member Hornbuckle, seconded Staff to.Solicit by Council Member Buffa, to authorize staff to solicit Proposals proposals from qualified consultants for preliminary evaluation of special assessment options for the financ- ing of a transportation -facility. Motion carried 5-0. MOTION A motion was made by Council Member Hornbuckle, seconded Staff to Detail by Council Member Wheeler, to direct staff to detail a Public Review public review process for the North Costa Mesa Specific Process Plan and detail on how the Planning Ccacmission can figure in this review. Motion carried 5-0. MOTION A motion was made by Council. Member Hornbuckle, seconded Staff.to Prepare by Council Member Buffa, to direct staff to prepare, Plan Showing concurrently with the Transportation Element Specific Development Plan, a plan showing the following development standards: Standards (a) Acceptable land uses on each site. (b) Maximum building height. (c) Maximum FAR (floor area ratio). (d) Minimum open space requirement. Council Member Wheeler stated he feels we will push real fast to get the transportation part done. This motion will allow the land -use considerations to take place after the transportation considerations. The three or four things have to be considered together. Council Member Hornbuckle stated, it is not the way she would prefer to have it done but compromises, in same cases, must be made. Motion carried 4-1, Council Member Wheeler voting no. Mayor Hall noted that most of the Planning Commissioners were represented in the audience and recommended, unless other Council Members have any objection, that the Planning Commission attend the study session on Monday, January 26, 1987, at 2:00 p.m. when the Specific Plan is discussed for North Costa Mesa. Policy on Street Mayor Hall presented the parking prohibition policy for Sweeping street sweeping. On motion by Council Member Wheeler, seconded by Vice Mayor Amburgey, and carried 4-1, Council Member Buffa voting no, the item was referred to MOTION the Traffic Commission for report on noticing procedure Referred to options and petition requirements, and the staff was Traffic CaTimission required to report on any operational changes requiring parking .prohibitions. Satellite Dish The City Manager stated this item was referred back to Antenna Ordinance the Council Agenda from the study session of January 12, 1987. He referred to an Associate Planner's memorandum dated January 7, 1987, that suggests some possible changes to that ordinance. During discussion at the study session, staff did not feel they had clear direc- tion to prepare amendments to the ordinance and brought it back for purposes of clarification. The City Manager stated, from the discussion, there were specifically some concerns about the applicability of standards for screening in the industrial and commercial zones and some discussion on screening requirements or the possi- bility of a conditional use for this in the residential zones. He stated this is before Council to provide staff with direction should Council desire that the current ordinance be amended. Council Member Wheeler stated that although this ordi- nance is a step in the right direction, there is no need to regulate in this area. Council Member Hornbuckle asked if this would just be a revision of a current ordinance and Mayor Hall replied yes. She further stated that she is in favor of requir- ing a CUP (Conditional Use Permit) in a residential area. Vice Mayor Amburgey agreed with the City Manager that it is a needless regulation at this point in time. Sid Soffer, 900 Arbor Street, Costa Mesa, opposed making it a zoning ordinance. MOTION A motion was made by Council Member Buffa, seconded by Eliminate Regulation Council Member Wheeler, to direct staff to eliminate, in Commercial/Indus- from the ordinance, any regulation of satellite dishes trial Zones in cammercial and industrial zones which are not abutting residential. The motion carried 5-0. MOTION A motion was made by Council Member Buffa, seconded by Staff to Amend Council Member Hornbuckle, to direct staff to follow Recammendations recommendations in the Associate Planner's memorandum of Commercial/Indus- January 7, 1987, with the following modifications to the trial Zones - section pertaining to commercial and industrial Abutting Resi- (abutting residential): Delete recommendation that dential states meshed surface required, and delete antenna painted to blend with adjacent area; and that "buffer to height equal to", etc., be changed to "buffer with landscaping to height". Council Member Wheeler suggested the sunset clause: This ordinance will expire in two years unless extended by the Council. MOTION AMENDED On motion by Council Member Buffa, seconded by Council CUP Required in Member Hornbuckle, and carried 4-1, Council Member Residential Zones; Wheeler voting no, the motion was amended to require Sunset Clause Added a Conditional Use Permit for satellite dishes in 1 PUBLIC HEARING The Clerk announced that this was the time and place set R-86-11 for the public hearing for Rezone Petition R-86-11, Rebella/Orange County George Rebella, 3198-M Airport Loop Drive, Costa Mesa, John Wayne Airport/ authorized agent for Martin Westside Associates, 19331 Martin Westside Airport Way South, Santa Ana, for the Orange County/ Assoc. John Wayne Airport, for permission to rezone property at the southerly corner of Airway Avenue and Paularino Ave- nue, fran CL (Ccomercial Limited) to MP (Industrial Park). Environmental Determination: Negative Declara- tion. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Chris Caliendo, John Wayne Airport Administration, 3151 Airway Avenue, Costa Mesa, stated general aviation hangars which are part of the approved plan, will be put on the property. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Council Ordinance. 87-1 Member Wheeler, the Negative Declaration of Environ - Given -First mental Impact was adopted; and Ordinance 87-1, being AN Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF THE SOUTHERLY CORNER OF AIRWAY AVENUE AND PAULARINO AVENUE FROM CL TO MP, 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 residential zones and the permit shall expire in two years unless extended. RECESS. The Mayor declared a recess at 8:45 p.m., and the meet- ing reconvened at 8:55 p.m. WARRANT'S On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, Warrant Resolution 1346, including Pay - MOTION roll 8701, was approved by the following roll call vote: Warrant 1346 AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approve Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY REPORTS The City Attorney referred to a confidential memorandum from the Assistant City Attorney of December 29, 1986, Rungaitis Lawsuit in which settlement authority was requested in the case of Jennifer Rungaitis, a minor, vs. City of Costa Mesa.' MOTION On motion by Council Member Wheeler, seconded by Council Authorized Member Buffa, the City Attorney was granted authority Settlement to enter -into settlement negotiations as outlined in the Negotiations the Assistant City Attorney's memorandum. 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 CITY MANAGER REPORTS The City Manager presented his memorandum dated January 15, 1987, outlining accidental death and dismemberment Insurance for coverage/police helicopter personnel. Police Helicopter Personnel On motion by Council Member Buffa, seconded by Council Member Hornbuckle,-and carried 5-0, the City Manager's MOTION reccimmendation, as outlined in his memorandum of Janu- Approve Coverage ary 15; 1987, was approved. PUBLIC HEARING The Clerk announced that this was the time and place set R-86-11 for the public hearing for Rezone Petition R-86-11, Rebella/Orange County George Rebella, 3198-M Airport Loop Drive, Costa Mesa, John Wayne Airport/ authorized agent for Martin Westside Associates, 19331 Martin Westside Airport Way South, Santa Ana, for the Orange County/ Assoc. John Wayne Airport, for permission to rezone property at the southerly corner of Airway Avenue and Paularino Ave- nue, fran CL (Ccomercial Limited) to MP (Industrial Park). Environmental Determination: Negative Declara- tion. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Chris Caliendo, John Wayne Airport Administration, 3151 Airway Avenue, Costa Mesa, stated general aviation hangars which are part of the approved plan, will be put on the property. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Council Ordinance. 87-1 Member Wheeler, the Negative Declaration of Environ - Given -First mental Impact was adopted; and Ordinance 87-1, being AN Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF THE SOUTHERLY CORNER OF AIRWAY AVENUE AND PAULARINO AVENUE FROM CL TO MP, 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 e i L1a FU PUBLIC HEARING The Clerk announced that this was the time and place Appeal.of PA --86-230 set for the public hearing to consider the application Ford/Franklin Inter from James F. Hatcher, 768-0 West 20th Street, Costa Vivus Trust Mesa, appealing the Planning Commission's approval of Planning.Action PA -86-230, Randy L. Ford, 204 Monte Vista Avenue, Costa Mesa, authorized agent for Franklin Inter Vivus Trust, 3250 East Coast Highway, Corona del Mar, for a Conditional Use Permit for an automotive repair/body shop within 200 feet of a residential dis- trict, located at 2014 Placentia Avenue, in an MG zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communica- tions have been received. James Hatcher, 768-0 West 20th Street, Costa Mesa, expressed his concerns with regard to the Associate Planner's memorandum to Council dated January 13, 1987. Mr. Hatcher stated since the Public Hearing of his original appeal, he has contacted Mr. Randy Ford who is subleasing the property and not creating excessive noise. However, Mr. Holtz, Holtz VW, is also using the property for transport of cars in and out of the area. In a separate issue, Mr. Hatcher stated that at 778 West 20th Street, Costa Mesa, application is pending before the Planning Catunission to approve six tow trucks to be parked directly across on Palace Avenue. Mr. Hatcher stated in addition to an automotive repair, and in addition to Mr. Holtz using 778 West 20th Street for storage of additional cars, there is a proposal to park six towing vehicles directly across from his garage and bedroom. Mr. Hatcher feels the two actions should be reviewed together. Mr. Hatcher stated he has been contacted by Don Franklin, owner of the property, who stated the status of the street will be reviewed at a Planning Ccatunission meeting in February. Mr. Hatcher recammends that Council not make a decision on the appeal until the following is accomplished: Mr. Ford's application is approved; Mr. Holtz's utilization of the property is approved; and, the potential action regard- ing the proposed tow trucks is decided. He would like to have all items considered as one package. Mayor Hall stated actions in this.Council meeting will be confined to what has been previously approved by the Planning Commission. Council Member Hornbuckle asked Mr. Hatcher if he wanted to address the eight items on his appeal: (1) Increased traffic; (2) Increased crime; (3) Inadequate notifica- tion; (4) Inadequate City maintenance; (5) Increased noise; (6) Illegal parking; (7) Increased odors; and (8) Fire hazard. Mr. Hatcher spoke on Item No. 3. The Development Services Director stated no business has been authorized by the City to operate, no business license has been issued, and no authorization to operate an automobile repair or auto body business in that building has been issued. He stated the property will be investigated by the Code Enforcement Officer, but added no complaints have been received and there was no indication to staff to investigate. Mr. Hatcher stated this adequately answers his question on notification. Mr. Hatcher stated Items No. 1 and No. 2 are self-explanatory. He referred to photographs that he passed to the City Council to review, as evidence of Item No. 4. Council Member Hornbuckle asked Mr. Hatcher for clar- ification of Items No. 5, 6, 7 and 8. Mr. Hatcher stated, regarding Item No. 5, for this application, he is not overly concerned but reserves cc mnent on the tow truck application. Regarding Item No. 6, Mr. Hatcher stated there has been a large amount of illegal parking due to the various dealerships and.inadequate street space for parking. Mr. Hatcher said that after inspecting the building, he is not concerned with Items No. 7 and No. 8 regarding Mr. Ford's operation. Randy Ford, 204 Monte Vista Avenue, Costa Mesa, appli- cant, stated he has applied for and paid all fees for licenses. He mentioned an operating business license; a resale and occupancy pen -nit; and his Conditional Use Permit which has been approved. He has sent in his Fire Permit stating what is on the property, how it is stored, and what type of chemicals are there. Mr. Ford said his operation is small, that he has one- half of the building, approximately 2,000 square feet of useable working space. He does not do mechanical work on cars, just body and paint, on primarily Porsche, BMW, and Mercedes. His business is by referral. At the present time he has five cars on the property, all of which are brought inside at night. He also stated that he began his set-up operation around the first part of November, 1986. He stated he has no connection with Holtz VW. Mr. Holtz holds the master lease on the building and Mr. Ford subleases the rear portion of the building frcan Mr. Holtz. Mr. Ford agreed to a question by Mayor Hall, that if the Conditional Use Permit was approved by the Planning Conmmission, he would agree to all conditions. Joseph Craig, 716 West 20th Street, Costa Mesa, spoke about the crime, traffic, and increased noise created by the various businesses in the area. Mr. Craig requested the Council put a moratorium on the issuance of Condi- tional Use Permits on Palace Avenue until the street is repaired and a vote is taken from the people in the area as to who should pay the assessment for those repairs. Mark Korando, 582 Park Drive, Costa Mesa, spoke about underprotecting people who live within 200 feet of an auto body shop. He requested the Council look into requiring scrubbers in a body repair shop within 200 feet of a residential district. William Cadiz, 768-B West 20th Street, Costa Mesa, stated Mr. Ford seems to be acting in a very responsible manner but stated he would like to see the landlord, Mr. Holtz, act in a similar manner. He said Mr. Holtz's employees drive at excessive speeds in the alley, throw- ing gravel, which the citizens in the area put down. He also spoke about the other problems with excessive traffic and speeds in the area. Mayor.Hall cccrmented that all of the speakers have made good points regarding the alley and some of the activi- ties of other business owners in the area. These items should be looked into, and street improvements should be made. Council Member Wheeler stated the issue before Council is whether or not the proposed use will adversely affect the surrounding properties. 332 Mayor Hall asked the Development Services Director if the Conditional Use Permit is for Mr. Ford or Mr. Holtz. The Development Services Director replied that it is for the entire property but added that Mr. Holtz and Mr. Ford are operating in violation of the law. Council Member Hornbuckle stated the Conditional Use Permit is conditional and the approval is for a period of one year. This, in effect, makes it a temporary permit which will be reviewed, and if there are problems arising frau this use, they will surface. Mr. Soffer spoke on the concerns of what is illegal and what is legal. He questioned what alley is being refer- red to in staff's memorandum. - Mr. Craig directed a question to Council Member Wheeler, asking whether or not it would be proper for the Plan- ning Commission to hold up all Conditional Use Permits on Palace Avenue, between 20th Street and Hamilton Street until Palace Avenue can be addressed, and proper maintenance done, so that when there is abuse of Condi- tional Use contracts, those people living on that street are not subject to the outcome. Council Member Meeler replied he is not sure that would be within the legal right of the City, and that he does not know if the conditon of the alleys is enough to do a blanket prohi- bition. It might be something that could be considered because of the adverse impacts. Council Member Wheeler questioned the City Attorney on the subject. The City Attorney stated that each Conditional Use Permit is decided when it canes before the Council whether or not it is appropriate to be approved. Mayor Hall stated that since the alleyways are not on the Agenda, according to the Brown Act effective Janu- ary 1, 1987, it is.illegal,for Council to make a deci- sion on them. There being no other speakers, the Mayor declared the public hearing closed. Council Member Wheeler cammented that although Mr. Ford seems to be operating in good faith, he is in an area where it is a permitted use only if it does not adverse- ly impact surrounding property. The Development Services Director replied to a question by Council Member Wheeler, stating that the application is written for the entire property. The applicant is Franklin Inter Vivus Trust, with Randy L. Ford being their authorized agent. The report and application states it is for automotive repair/body shop at 2014 Placentia Avenue, Costa Mesa, and includes the entire building.and all tenants of the building. All tenants, owners of the building, now or in the future, would have to abide by this one Use Permit and its conditions of approval. Anyone on the property violating the condi- tions could effectively have the Conditional Use Permit revoked by the City, vacating the entire building. Council Member Meeler mentioned we are supposed to be looking at whether or not the application will cause adverse impacts to the surrounding areas; now, all the testimony about Mr. Holtz becanes very important about adverse impacts because this application concerns Mr. Holtz's business also. The Development Services Director replied to a question by Mayor Hall, that if the CUP is granted, it does apply 3(133 MOTION On motion by Council Member Buffa, seconded by Council Direct Staff to Member Hornbuckle, staff was directed to investigate the Investigate existing situation and operator of an automotive repair 2014-A Placentia at 2014-A Placentia Avenue, with particular attention to Avenue the following: Does that operator hold a Conditional Use Permit; and a staff report is to be presented to Council before February 2, 1987. Motion carried 4-1, Vice Mayor Agmburgey voting no. to the entire property and conditions could be enforced upon all tenants. It was stated a CUP could be granted to Mr. Ford, not including Mr. Holtz. The application is written simply as 2014 Placentia Avenue, Costa Mesa, and evidence'shows that is the entire building. If Mr. Ford says no, the application, which is paid for, is for 2014 Placentia Avenue, Unit B, then we then no longer have a valid Use Permit for Unit A. If there is someone operating in Unit A, and Mr. Ford does not represent RECESS that individual, the individual operating there is illegal without a CUP. At the option of the Council, a PUBLIC HEARING Cease and Desist could be issued. MOTION On motion by Council Member Buffa, seconded by Council Uphold Planning Member Hornbuckle, the Planning Cornnission's approval Commission's of PA -86-230 was upheld with one modification, and the Approval of Conditional Use Permit was approved in the name of PA -86-230 with applicant, Franklin Inter Vivus Trust, 3250 East Coast One Modification Highway, Corona del Mar, authorized agent Randy L. Ford, 204 Monte Vista Avenue, Costa Mesa, with the intent that Randy L. Ford is the operator and the holder of the Conditional Use Permit as it applies to 2014-B Placentia Avenue, Costa Mesa. The motion carried 4-1, Council Member Wheeler voting no. MOTION On motion by Council Member Buffa, seconded by Council Direct Staff to Member Hornbuckle, staff was directed to investigate the Investigate existing situation and operator of an automotive repair 2014-A Placentia at 2014-A Placentia Avenue, with particular attention to Avenue the following: Does that operator hold a Conditional Use Permit; and a staff report is to be presented to Council before February 2, 1987. Motion carried 4-1, Vice Mayor Agmburgey voting no. Council Member Hornbuckle requested that information regarding Palace Avenue, and activities taking place there, be brought to a study session at the earliest possible time. The City Manager agreed to this request. The Mayor asked if there were any other issues brought, up by the residents in the area, in connection with this particular application which should be addressed. Council Member Buffa requested investigating enforcement 'of trucks utilizing Palace Avenue. RECESS The Mayor declared a recess at 10:30 p.m., and the meet- ing reconvened at 10:40 p.m. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -86-233 set for the public hearing to consider an appeal of the Small Planning Commission's denial of Planning Action PA -86-233 from Mark Small, 1640 Caraway Drive, Costa Mesa, for a variance from side setback requirements for a previously denied carport/deck to be attached to an existing apartment at the above address in an R3 zone. EnvirorIImental Determination: Exempt. the Affidavit of Mailing is on file in the Clerk's office. No cc mnunica- tions have been received. Mark Small, 1640 Caraway Drive, Costa Mesa, outlined the reasons he is requesting the appeal. He stated in all of the public hearings on the subject, no one has spoken up against the project. He has signed statements fron 14 immediate neighbors. Sid Soffer stated there was dedication on this property. that was deleted from the Staff Report. �-J, C-) /. Q.5 ty"'! Mark Korando, 582 Park Avenue, Costa Mesa, spoke in regard.to the lastpage of the staff report on eleva- tions, specifically the west elevation. He stated if a six -foot -high wood fence is built on the property line adjacent to the sidewalk where an alley exits into the public way across the sidewalk, there may be sane pro- blems with pedestrians caning out from behind the fence not having sight distance. He stated perhaps the fence could be lowered so there is more sight distance. Mike Easton, 611 Lakeview Lane, Costa Mesa, stated the fence that is going to be constructed right on the property line is in accordance with the City's request and Code. He also spoke on the matter of encroaclinents. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by PA -86-233 Mayor Hall, to approve PA -86-233, with one modification: Approved with Item No. 1 in staff's memorandum of January 12, 1987, One Modification that a minimum side setback of five feet be approved; as specified in the memorandum, approve a rear setback of 10 feet and delete Conditions No. 11, 12, and 13 in the Planning Commission's approval. The motion carried 3-2, Council Members Wheeler and Hornbuckle voting no. NEW BUSINESS The Clerk presented Planning Action PA -87-12, James C. PA -87-12 Watson, 1601 Avocado Avenue, Newport Beach, authorized Watson/Land agent for S. R. Willford, Land Associates Trust, 62 Associates Trust Linda Isle, Newport Beach, for a Conditional Use Permit to allow a heliport in conjunction with an addition to an existing industrial building, and a Conditional Use Permit to exceed building height requirements at 3000 Airway Avenue, in an MP zone. Environmental Determina- tion: Negative Declaration. Douglas Daigle, 20091 Orchid Avenue, Santa Ana, stated 79 helicopters are scheduled to be housed in the 7,400 square foot hangar building. The Development Services Director stated that a building being adjacent to the John Wayne Airport is subject to FAA review and Airport Land Use Commission approval. He requested that one additional condition be placed that states the applicant shall also obtain Airport Land Use Commission and FAA certification that it canplies with the height standards of the airport. If it does project into the imaginary sufaces, it does require these clear- ances before a Building Permit could be issued. Council Member Wheeler stated that the City of Costa Mesa does not need any more heliports. They create noise and safety problems, and even though the proposal calls for the use of already -established helicopter routes, which channel most of the traffic over freeways or other nonnoise sensitive areas, this will put pres- sure upon the FAA to revise routes to allow for more helicopter traffic. MOTION A motion was made by Council Member Buffa, seconded by PA -87-12 Approved Council Member Hornbuckle, and carried 4-1, Council with Modified Member Wheeler voting no, to adopt the Negative Declara- Conditions tion for PA -87-12, and approve the application subject to conditions recommended in staff's memorandum dated January 13, 1987, including the findings and with the addition of two conditions: Condition No. 4, applicant will obtain appropriate Airport Land Use Commission and 1 7 FAA approvals for this project; Condition No. 5, devel- oper shall submit Certificate of Compliance from Santa Ana Unified School District prior to issuance of Build- ing Permit. Report from Mayor Hall stated the Cultural Arts Committee has six Cultural Arts recommendations: (1) That funding of the cultural arts Committee be continued on an annual basis, and that the City Council utilize the Arts Committee to determine what the current needs are and how they might be met; (2) That the survey of other cities be conducted to obtain fund- ing ideas for the arts; (3) That additional funding sources for the cultural arts be investigated (i.e., transient occupancy tax); (4) That the opportunities for cultural arts education be more evenly distributed to all schools at levels K through 14. This could be achieved through better communications between the City, arts organizations, and the Newport Mesa Unified School District; (5) That a small operating fund for the Cul- tural Arts Committee be developed to defray such costs as printing and support services; (6) That the current grants process be changed to more closely correspond with the City's budgetary process. Applications for grants should be solicited in September allowing the Committee to bring recommendations on grant allocations to the Council before the budget is finalized.. The City Manager, in his memorandum dated January 14, 1987, suggested that the first four are appropriate, and he stated that No. 5 and No. 6 are not within the exist- ing policy. The Manager reported that the Committee was recommending changing their funding process to request applications in September. The City's budget is not proposed to the Council until approximately May. He suggested a previous time frame for funding that brings recommendations to Council in spring, about the time the annual budget is considered. However, it does raise the issue which has not been addressed, to be included in the City's annual budget, a specified amount for Cul- tural Arts activities. Unlike virtually all other items in the budget, for some reason, Cultural Arts evolves as part of the funding process instead of receiving an allocation at the beginning of the fiscal year. Mayor Hall stated that if a budget were adopted the first of July, they could actually start to take appli- cations in July, and based on the amount allocated for that budget year, the funds could be appropriated during the year. Council Member Buffa stated that he would like to see more aggressive funding for Cultural Arts in this City. Council Member Wheeler stated that it is appropriate, at this time, to recognize the effort of the Cultural Arts Committee. MOTION A motion was made by Council Member Hornbuckle, seconded Accept:Cultural by Council Member Buffa, to accept the Cultural Arts Arts Committee Committee recommendation No. 1 through No. 4; and refer Recommendation Item No. 6 back to the Cultural Arts Committee for them Nos. 1 through 4 to suggest funding so that they may be included in the and Refer No. 6 upcoming budget year; and that a budget be adopted of Back to the "X" number of dollars by the City to be allocated to Committee the Cultural Arts and advise the Cultural Arts Committee of what the upconing budget will accommodate. The Cul- tural Arts Committee will then interview applicants and make recommendations within the proposed budget -.for the current fiscal year. The motion carried 4-1, Council Member Wheeler voting no. _ Agreement with CALTRANS Route 55 Freeway Construction The agreement with the State of California, Department of Transportation (CALTRANS), for Route 55 Freeway construction between the southwesterly City limit at 15th Street and the southwesterly terminus of Route 55 Freeway at Arlington Drive, was presented. The City Manager stated he had a request from a member in the community to have this item continued to the February 2, 1987, Council'meeting.so that the issue of sound walls could be further explored. Sid Soffer asked the exact location of the property in question. Mayor Hall clarified the property lines in question. MOTION On a motion by Council Member Wheeler, seconded by Held Over Vice Mayor Amburgey, and carried 5-0, this item was continued to the February 2, 1987, Council meeting. COUNCILMANIC Council Member Buffa stated he has received numerous COMMENTS complaints from the apartment complex behind Pinecreek Village, including some residents in Pinecreek Village, Dust Complaint regarding dust problems. The City Manager stated that Pinecreek Village the City has been dealing with the contractor regarding Area the problems being created. After receiving staff reports, the City Manager suggested stronger actions be taken to get the builder's attention. The Development Services Department has been directed to coordinate with the Street Department as to the measures to be taken to gain compliance and enforce the ordinance. The City Manager stated the Council will be getting a written report on the exact situation and the activities leading up to this point. Staff has already begun taking steps, if corrective actions are not taken, construction will cease until they are taken. National Park Council Member Wheeler asked the other Council Members to aquaint themselves with various proposals to declare the ocean off our shores a National Park, as he is intending to bring the matter up sometime in the future. Committee Council Member Wheeler thanked Mayor Hall and congratu- Assignments lated him for the way he made committee assignments. League of Cities Council Member Hornbuckle announced she attended the Community Services Policy Committee for the State League of Cities in San Francisco. She will be serving on the Child Care subcommittee to the Community Services Policy Committee . ADJOURNMENT At 11:45 p.m., the Mayor adjourned the meeting, and he announced that the Council Study Session would take place at 2:00 p.m. in the fifth -f Conf rence Room of City Hall on January 26, '1987 'L Mayor of the City of 'Costa Mesa ATTEST: . _ j� C, y Clerk of the City of Costa sa