Loading...
HomeMy WebLinkAbout03/16/1987 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH' 16, 1987 The City Council of the City of Costa Mesa, California, met in regular session March 16, 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 the Pledge of Allegiance to the Flag, and Invocation by Herbert Burnham, Assistant Traffic Engineer. SILENT PRAYER FOR Mayor Hall declared 30 seconds for silent prayer in DECEASED POLICE memory of Costa Mesa police helicopter pilots, John OFFICERS Libolt and James Ketchum, who lost their lives in a helicopter accident March 10, 1987. ROLL CALL 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 February 17 and Member Buffa, and carried 5-0, the minutes of the regu 23, and March 2, lar meeting of February 17, the adjourned meeting of 1987 February 23, and the regular meeting of March 2, 1987, were approved as distributed. ORDINANCES A motion was made by'Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, to read all ordinances by title only. PROCLAMATION Mayor Hall read a proclamation declaring the month of Fair Housing Month April, 1987, as "Fair Housing Month", and presented the document to Leon Napper, Board Chairman, Fair Housing Council of Orange County. PROCLAMATION Mayor Hall read a proclamation declaring the week of Week of the Young April 4 through 11, 1987, as "Week of the Young Child". Child The document was presented to Rita Jamieson, Director of the Assistance League of Newport Beach, Child Care Center. Ms. Jamieson announced that there will be a celebration at TeWinkle Park on April 11, and an art show at the Jewel Court on April 6, 7, and 8. ORAL COMMUNICATIONS Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, commended Rock Miller, Transportation Services Engineer, on his Victoria Street presentation of the Victoria Street widening project at Widening the meeting of March 10, 1987, at the Neighborhood Community Center. Automobile Roy Pizarek expressed his concern about the number of Businesses on automobile -related businesses, such as mechanical and West 19th Street upholstery, located on West 19th_:Street between Federal arra Placentia Avenues. Council agreed with Mayor Hall,°s.reconmendation to have staff investigate -automobile -related businesses on West 19th Street and -to prepare a report. 42 Fast Food Roy Pizarek spoke about the many fast food restaurants Restaurants/ along West 19th Street, and suggested that Council West 19th Street restrict the number of new fast food establishments. Council agreed with Mayor Hall's recommendation to schedule this item for discussion at a Council Study Session. Historical Betty Jean Beecher, member of the Costa Mesa Historical Society/Santa Society, announced that the Santa Ana Army Air Base Ana Army Air wing of the Historical Society will be holding its 12th Base Reunion reunion on March 28, 1987. Mrs. Beecher invited the l� Council to attend.the celebration. At the suggestion \ of Council Member Hornbuckle, the City Clerk was requested to obtain the necessary information from Mrs. Beecher so that a proclamation could be presented at the reunion. Pacific John Feeney, 1154 Dorset Lane, Costa Mesa, reminded the Amphitheatre Council that the concerts will be starting April 13 at the Pacific Amphitheatre. He thanked the Council for their support of the citizens lawsuit against the amphitheatre; however, he believed stronger methods could be utilized to stop the concert noise. Costa Mesa Mildred Kniss, resident of°Costa Mesa Mobile Estates, Mobile Estates 327 West Wilson Street, remarked that the Council should have shown the same concern for residents of the mobile home park during reconstruction as they have shown for the residents affected by the amphitheatre noise. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 5, Environmental Impact Report 1035 concerning closure of Monrovia Avenue; Item 15(a), agreement with FORMA, Incorporated, to prepare a wetlands exhibit for Canyon Park; Item 17, Request to designate April 27, 1987, as a General Plan Review hearing date; and Item 19, Request from Bullock's Department Stores for partial refund of construction fees. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, 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 Buffa, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Tobi Averill; Shelly Wise, mother and guardian of Brandy Lynn Gaskill, a minor; Karen R. Krajzynski; Curtis A. Matheny; Attorney Nick O'Malley on behalf of.Richard McCollum; Orange County Consolidated Transportation Service Agency; and Pacific Bell. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Ho Van Nguyen and Yen Mai Tran, doing business as Tin Lizzie, 752 St. Clair Street; Shaukat Ali, doing busi- ness as California Wine Vault, 695 Town Center Drive, Suite 170; Mark H. Elenbaas and Susan L. Ostrowski, doing business as The Wine Shop, 1884-A Harbor Boule- vard; Gary and Joyce Young, doing business as Marcel's T Brasserie, 130.East 17th Street; Straw Hat Restaur- ants, Incorporated, doing business as Pizza Hut, 187 East 17th Street; Coast Community Services, Incorpor- ated, doing business as The Back Bay Rowing and Running Club, 3333 Bristol Street, Suite 171; and Julie P. Fleming, doing business as It's a Wrap, 1785 TAhittier Avenue. Support for SB 97 A resolution from the City of Seal Beach expressing Concerning support for Senate Bill 97, which proposes to resolve — Existing School much of the ambiguity of Assembly Bill 2926 concern - Impact Fees ing existing school impact fee legislation. Opposition to Letter frau Mr. and Mrs. Becktell, Costa Mesa, oppos- University ing the University Drive extension along the north Drive Extension side of Upper Newport Bay. Homeless Youth Letter from Sister Barbara A. Clem, Catholic Chari- ties, Diocese of Orange, 2110 East 1st Street, Suite No. 111, Santa Ana, and a petition signed by student leaders from Orange and Los Angeles counties, concern- ing ways to help homeless youth. Nuisance Abate- Letter from Judi Ortega, 1002 Presidio Drive, Costa ment Ordinance Mesa, concerning adoption of a County Public Nuisance Abatement Ordinance. Helicopter Letter from B. Thomas, Costa Mesa, suggesting elimina- Noise tion of police helicopters because of noise. West Side Letter frau Patty Taft, 2094 Continental Avenue, Costa Street Closures Mesa, suggesting that the City cul-de-sac Continental Avenue at Victoria Street. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received fran the American Cancer Society, American Cancer 1503 South Coast Drive, Suite 110, Costa Mesa, by Society soliciting funds, April 1 through August 31, 1987. On motion by Council Member Hornbuckle, seconded by Council MOTION Member Buffa, and carried 5-0, the permit was approved Permit Approved with application of Municipal Code Section 9-234(j). Orange County Notice of Intention to Appeal or Solicit for Charitable Council of Purpose was received from the Orange County Council of Camp Fire Camp Fire, Incorporated, 513 East First Street, Tustin, by door-to-door solicitation and booth sales, January 16 MOTION through February 28, 1987. On motion by Council Member Permit Approved Hornbuckle, seconded by Council Member Buffa, and car- ried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). United Cerebral Notice of Intention to Appeal or Solicit for Charitable Palsy Purpose was received from United Cerebral Palsy Associa- tion of Orange County, Incorporated, 3020 West Harvard MOTION Street, Santa Ana, by telephone solicitation for useable Permit Approved goods, March 1 through December 31, 1987. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). SET FOR PUBLIC On motion by Council Member Hornbuckle, seconded,by HEARING Council Member Buffa, and carried 5-0, the following items were set for public hearing on the dates indi- cated, at 6:30 p.m., in the Council Chambers of City Hall: Density Calculations April 6, 1987: Proposed amendment to Title 13 of the in R2, R3, and R4 Costa Mesa Municipal Code regarding residential dens - Zones ity calculations in the R2, R3, and R4 zones. Environmental Determination: Exempt. Satellite Antenna April 6,.1987: Proposed amendment to Title 13 of the Regulations Costa Mesa Municipal Code regarding satellite antenna regulations. R-87-06 April 6, 1987: Rezone Petition R-87-06, Abbas Sariaslan/Bachtiari Sariaslan, 2070 Business Center Drive, Suite 160, Irvine, authorized agent for Andre Bachtiari, to rezone property at 745 and 749 Paularino Avenue from R2 to R3. Environmental Determination: Negative Declaration. Certificate for April 6, 1987: Certificate of Public Convenience and Jim's Towing Necessity for FBC Industries, doing business as Jim's Towing Service, 935 West 18th Street, Costa Mesa. Whelan Property April 20, 1987: For the heirs or devisees of Marianne Uielan, for property located at 655 Baker Street: EIR 1034 for Environmental Impact Report 1034 for General Plan GP-87-1A/R-87-01 Amendment GP -87-1A and Rezone Petition R-87-01. General Plan Amendment GP -87-1A, to change the land GP-87-lA/R-87-01 use designation of six acres from General Commercial to High Density Residential; and Rezone Petition R-87-01, to rezone 16 acres from R2 (Multi -family Residential) to C2 (General Business District) to R4 (Multi -family Residential) or PDR -HD (Planned Development Residential -High Density). REJECTED CLAIMS On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the claim from Alexander Paul Alexander was rejected. Bryman On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the claim from Teri Lyn Bryman was rejected. Fein On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the claim from Michael Fein was rejected. Guadan On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the claim from Rosa Marie Guadan was rejected. Nguyen On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the claim from Toan Tan Nguyen was rejected. Stephens On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the claim from Charles Terry Stephens was rejected. Williams On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the claim from Daniel Gene Williams was rejected. ADMINISTRATIVE ACTIONS Bids received for Bid Item 756, Exhibit "C", Truck with Special Body, are on file in the Clerk's office. On Bid Item 756, motion by Council Member Hornbuckle, seconded by Council Exhibit "C" Member Buffa, the contract -was awarded to San Gabriel Motors, Incorporated, 650 Las Tunas Drive, San Gabriel, MOTION for $34,195.60. The motion carried by the following Awarded. to roll call vote: San Gabriel AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Motors Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 758, Revision "A" MOTION Awarded to Jerry Goodwin Dodge Bid Item 760 Rebuild Two Fire Engines MOTION Awarded to Grumman Emergency Products Bids received for Bid Item 758, Revision "A", Two. Trucks, are on file in the Clerk's office. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, the contract was awarded to Jerry Goodwin Dodge, Incorporated, 1110 West Orangethorpe Avenue, Fullerton, for $24,157.40. 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 Bids received for Bid Item 760, Rebuild Two Fire Engines, are on file in the Clerk's office. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, the contract was awarded to Grumman Emergency Products, Incorporated, 661 Garcia Avenue, Pittsburg, California, as follows: Exhibit "A' - 1961 American La France 1250 GPM pumper - $22,193.50. Exhibit "B" - 1970 American La France 1500 GPM pumper - $19,442.00. 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 Budget Adjustments On motion by Council Member Hornbuckle, seconded by Council Member Buffa, Budget Adjustment 87-71 for MOTION $46,960.00, to install and electrify 18 bus shelters Adjustment 87-71 Citywide, was approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Hornbuckle, seconded by Adjustment 87-72 Council Member Buffa, Budget Adjustment 87-72 for Approved $290,155.00, for additional payment for Fairview Park, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Hornbuckle, seconded by Adjustment 87-74 Council Member Buffa, Budget Adjustment 87-74 for Approved $485,000.00, for golf course improvements, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Hornbuckle, seconded by Adjustment 87-75 Council Member Buffa, Budget Adjustment 87-75 for Approved $100,000.00., for signals at Baker Street and College Avenue, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order 43 The Director of,Public Services recommended approval Clarke Contracting of Change Order 43 for $15,873.05, to the contract with Clarke Contracting Corporation, 1218 South Alameda 11 431 Assessment District -.Street, Canpton, for additional work required for No. 82-2/South Assessment District No. 82-2/South Coast Metro Center. Coast Metro. Center On motion by Council Member Hornbuckle, seconded by Council Member Buffa, the change order was approved by MOTION the following roll call vote: Change Order AYES:. COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order 1 The Director of Public Services recanmended approval S & M Landscaping of Change Order 1 for $4,196.00, to the contract with S & M Landscaping (formerly Al -Mac Landscaping), 355 Planting New Trees South Irwindale Avenue, Azusa, for additional work arra Repairing required for Planting New Trees and Repairing Landscape Landscape (1985-86) (1985-86). On motion by Council Member Hornbuckle, seconded by Council Member Buffa, the change order was MOTION approved by the following roll call vote: Change Order AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Senior Planner recommended approval of an agreement The Keith Companies with The Keith Campanies, 200 Baker Street, Costa Mesa, in an amount not to exceed $67,000.00, for planning North Costa Mesa services for the North Costa Mesa Specific Plan. On Specific Plan motion by Council Member Hornbuckle, seconded by Council Member Buffa, the agreement was approved, and the Mayor MOTION and Clerk were authorized to sign on behalf of the City. Agreement The motion carried by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement .with The Police Chief recommended approval of an agreement Orange County with the County of Orange for an approximate amount of $50,000.00 per year, for participation in the autanated Fingerprint system for retaining and identifying fingerprints, Identification known as the California Identification System, effective March 1, 1987. On motion by Council Member Hornbuckle, MOTION seconded by Council Member Buffa, the agreement was Agreement approved, and the Mayor and Clerk were authorized to Approved 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 Agreement The Director of Public Services recanmended approval of Supplement No. 7 Agreement Supplement No. 7, Project No. M -M080(1), with with State of the State of California, Department of Transportation California (CALTRANS), to reimburse the City for its expenses to prepare the Environmental Assessment to widen the Fair - Fairview Road view Road wercrossing at the I-405 Freeway. On motion Overcrossing at by Council Member Hornbuckle, seconded by Council Member I-405 Buffa, the supplement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. MOTION The motion carried by the following roll call vote: Supplement AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Canpensatory Time The City.Manager recamnended approval of an amendment Off - Police sto the Personnel Rules and Regulations to provide for accrual'of canpensatory time off at time and one-half the actual number of Yours worked. This change is limited to sworn police classifications represented by MOTION the Costa Mesa Police Association. On motion by Council Resolution. 87-9 Member Hornbuckle, seconded by Council Member Buffa, Adopted Resolution 87-9, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CERTAIN PORTIONS OF THE RULES AND REGULATIONS FOR ADMINISTRATION OF THE PERSONNEL SYSTEM OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Canpletion The 1985-86 Street Maintenance Project (Hot Rubberized Manhole Adjusting Asphalt Chip Seal and/or Slurry Seal) has been completed Contractors to the satisfaction of the Director of Public Services by Manhole Adjusting Contractors, Incorporated, Post 1985-86 Street Office Box 250, Monterey Park. On motion by Council Maintenanoe (Chip Member Hornbuckle, seconded by Council Member Buffa, the Seal/Slurry Seal) work was accepted; the Clerk was authorized to file a Notice of Canpletion; authorization was given to release MOTION the renaining retention funds immediately; the Labor and Work Accepted 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 The 1985-86 Maintenance Project (Removal and Reconstruc- Damon Construction tion of Curb and Gutter, Sidewalk, Driveway Approach, MOTION On motion by Council Member Buffa, seconded by Vice Hearing Set Mayor Amburgey, and carried 5-0, the public hearing was set for April 6, 1987, at 6:30 p.m., in the Council Chambers of City Hall. Agreement with. Item 15(a) on the Consent Calendar was presented: An FORMA agreement with FORMA, Incorporated, 190 Newport Center 1 Grinding and Removing Tree Roots and Stumps) has been 1985-86 Maintenance completed to the satisfaction of the Director of Public (Reconstruction of Services by Damn Construction Company, 500 East Gardena Curb arra Gutter, Boulevard, Gardena. On motion by Council Member Sidewalk,.etc.) Hornbuckle, seconded by Council Member Buffa, the work was accepted; the Clerk was authorized to file a Notice MOTION of Completion; authorization was given to release - Work Accepted remaining retention funds 35 days thereafter; the -Labor and Material Bond was ordered exonerated 7 months there- after; and the Performande 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 EIR.1035. Item 5 on.the Consent Calendar was presented: Set the Monrovia Closure public hearing to consider Environmental Impact Report 1035, closure of Monrovia Avenue to through traffic between 19th and Victoria Streets. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, asked if notices of .the public hearing would be sent to affected residents. The City Manager responded that the same notifications would be sent as for previous meetings concerning this subject. MOTION On motion by Council Member Buffa, seconded by Vice Hearing Set Mayor Amburgey, and carried 5-0, the public hearing was set for April 6, 1987, at 6:30 p.m., in the Council Chambers of City Hall. Agreement with. Item 15(a) on the Consent Calendar was presented: An FORMA agreement with FORMA, Incorporated, 190 Newport Center 1 Drive, Newport Beach, for $9,500.00, to prepare the Canyon Park, wetlands exhibit for Canyon Park. Wetlands Exhibit Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, requested clarification of the wetlands exhibit. Council Member Wheeler responded that the wetlands exhibit, or model, will be presented to various govern- ment agencies whose approval is needed before the City can proceed with the Canyon Park development plans, Phase I I . MOTION On motion by Council Member Buffa, seconded by Council Agreement Member Wheeler, the agreement was approved, and the Approved Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: ODUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None General Plan Item 17 on the Consent Calendar was presented: Request Review Hearing from the Planning staff to designate the Planning Com- mission meeting of April 27, 1987, as the fourth General Plan Review Hearing for 1987, in order to alleviate the time constraints for the Nabers Cadillac General Plan Amendment. Mark Korando, 582 Park Drive, Costa Mesa, requested a summary of the General Plan review hearing, and asked whether there will be a General Plan Citizens Committee. The Development Services Director responded that the hearing date requested by staff is specifically to hear the Nabers Cadillac General Plan Amendment. The City Manager reported that some time ago, Council approved formation,of a General Plan Citizens Committee. His office will be advertising for applicants after the technical -appendixes have been completed so that the committee will have a document to review. The Manager estimated that solicitation of applicants will take place in the spring of this year. MOTION A motion was made by Council Member Buffa, seconded by Approved General Council Member Hornbuckle, and carried 5-0, approving Plan Hearing Date a fourth General Plan Review hearing date on April 27, 1987. Refund Request Item 19 on the Consent Calendar was presented: Request frau Bullock's frau Bullock's Department Stores, 800 South Hope Street, Los Angeles, for refund of $23,096.24 in construction fees for the parking structure at South Coast Plaza. In a memorandum dated March 4, 1987, the Plan Check Engineer recce mended denial of the request. Vice Mayor Amburgey requested a report from staff explaining"the standards used by the City to determine construction fees, and why there are differences between the fee standards and the actual construction costs. MOTION On motion by Vice Mayor Amburgey, seconded by Council Held Over Member Buffa, and carried 5-0, this item was continued to the meeting of April 6, 1987, so that staff can submit a report on the construction fee standards. PRESENTATION A representative of the Newport -Mesa Girls and Boys Club by Girls and presented a Certificate of Appreciation to the Council Boys Club in recognition of the City's financial support. OLD BUSINESS The Clerk presented the rehearing requested by Lawrence M. Campeau and James G. White, Jr., Costa Mesa Develop - Request to ment Company, Incorporated, 2925 College Avenue, Suite Process GP -87-2A A-3, Costa Mesa, for permission to process General Plan Campeau/White Amendment GP -87-2A, to change the land use designation of property at 817 Victoria Street from Low Density Residential to Medium Density Residential. The request was denied by Council on February 2, 1987. The Development Services Director noted that in staff's original analysis, the requested amendment does not meet the criteria in Council Policy 500-2. Lawrence Campeau reported that he had discussed traffic impacts with the Transportation Services staff, and he intends to participate in the City's current improvement plans for Victoria Street. Mr. Campeau agreed to dedi- cate the necessary land to improve the existing right - turn pocket or street alignment. Council Member Wheeler asked how the General Plan Amend- ment will result in reduced traffic impact. Mr. Campeau responded that by dedicating land for street improve- ments, traffic circulation will be improved considerably. Responding to a question from Council Member Wheeler, the Development Services Director estimated that 30 to 35 trip ends would be generated by the project. Council Member Wheeler contended that the request does not meet the criteria set forth in Council Policy 500-2. He suggested that'if Council is not satisfied with the policy, they should change it prior to approving this application. Council Member Buffa was of the opinion that the addi- tional trip ends are inconsequential considering the amount of land being dedicated by the applicant for improved traffic circulation. Secondly, processing the application will not be a major effort for staff. Vice Mayor Amburgey agreed with Council Member Buffa's statements. Jean Skinner, 817 Victoria Street, spoke in support of the request. MOTION A motion was made by Council Member Buffa, seconded by Accepted GP -87-2A Vice Mayor Amburgey, to accept General Plan Amendment for Processing GP -87-2A for processing. The motion carried 3-2, Council Members Hornbuckle and Wheeler voting no. General Plan Brief discussion ensued concerning utilization of Consultants consultants by applicants for General Plan Amendments similar to the method used for preparing Environmental Impact Reports. Mayor Hall suggested that staff investigate this matter. Guidelines for The Clerk presented guidelines for processing requests Street Closures for permanent street closures which were recommended by the Traffic Commission. The Director of Public Services reported that at its meeting of February 11, 1987, the Traffic Commission reviewed and approved the guidelines which were included with staff's letter to the Council dated March 4, 1987. The Director camnented that if the Council wished to make any changes, the guidelines would be returned to the Traffic Cacnmission to make amendments. 1 44A 3 5 Council Member Hornbuckle requested clarification of Guideline.Nos. 2, 6, 7, and 14. Vice Mayor Amburgey, asked for clarification of Guideline Nos. 6 and 7, and cammnended the Traffic Commission for the excellent report. MOTION A notion was made by Council Member Hornbuckle, seconded Guidelines Referred by Council Member Wheeler, and carried 5-0, referring Back to Traffic the guidelines back to the Traffic. Commission for Commission clarification of Guideline Nos. 2, 6, 7, and 14. WARRANTS A motion was made by Council Member Wheeler, seconded by Council Member Buffa, to approve the following Warrant MOTION Resolutions: Warrants 1350, 1351, and 1352 Warrant Resolution 1350, including Payroll 8704; Approved Warrant Resolution 1351; and Warrant Resolution 1352, including Payroll 8705. 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 ATTORNEY REPORTS The City Attorney referred to his request for closed session to discuss pending litigation. Because the Closed Session information he intended to present to the Council was not received, the City Attorney withdrew his request. PUBLIC -HEARING The Clerk announced the public hearing, continued frau EIR/GP-86-1D/ -the meeting of December 1, 1986, Urban Assist, Incorpor- R-86-02 ated, 3151 Airway -Avenue, Costa Mesa, authorized agent Urban Assist/ for Roy K. Sakioka, Incorporated/Sakioka Farms, Incor- Sakioka porated, 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: Environmental Impact Report 1032 for General Plan Amendment GP -86-1D. General Plan Amendment GP -86-1D, to change the land use designation of property bordered by Anton Boule- vard.,.Sakioka Drive, Sunflower Avenue, and Avenue of the Arts (Lot 1) from High Density Residential to Urban Center Residential. Rezone Petition R-86-02, to rezone Lot 1 from PDR -HD (Planned Development Residential -High Density) to .PDR -UC (Planned Development Residential -Urban Center). The Development Services Director made a brief presenta- tion, stating that the Planning Commission and staff believe that the EIR adequately addresses the present project. As to mitigation measures for traffic circula- tion, the EIR references a fee program. The Director canmented that the Council could amend the traffic mitigating measures to include an areawide fee program and/or a -benefit assessment district. The Director mentioned that the deadline for certifying the EIR as far as the State is concerned is May 26, 1987. Responding to Mayor Hall's question, the Director reported that the I-405 Access Study can be made an addendum or appendix to the EIR. Mitchell Brown, Johnson Wax Development, 611 Anton Boulevard., Suite 1120, Costa Mesa, authorized agent for Roy K. Sakioka, spoke in support of the requests for Lot 1 and offered to answer questions from the Council. John Feeney, 1154 Dorset Lane, Costa Mesa, opposed the density permitted by the Urban Center Residential desig- nation. He preferred commercial development because he believed that commercial.does not drain City services. Mr. Feeney felt that high density developments promote more crime. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Wheeler, seconded by Council EIR Certified Member Hornbuckle, and carried 5-0, Environmental Impact Report 1032 was certified as having been completed in compliance with the California Environmental Quality Act (CEQA)., with the addition of an appendix to the EIR, being the I-405 Access Study, and an additional mitiga- tion measure based upon that study, requiring participa- tion in any future areawide fee program or benefit assessment district for control of traffic in the area; and the EIR was certified as having been reviewed and considered prior to final action on General Plan Amend- ment GP -86-1D and Rezone Petition R-86-02. MOTION A -motion was made by Council Member Buffa, seconded by GP -86-1D, Option Vice Mayor Amburgey, to adopt Resolution 87-10, being III, Approved by A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Adoption of MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT Resolution 87-10 GP -86-1D, OPTION III, AMENDING THE GENERAL PLAN OF THE CITY OF COSI AA MESA. Council Member Hornbuckle was not in favor of approving the General Plan Amendment nor the Rezone Petition at this time. She suggested that these items be considered after the North Costa Mesa Specific Plan has been draf ted . Council Member Buffa contended that this is merely a housekeeping detail and does not specify a particular project. Vice Mayor Anburgey agreed with Council.Member Buffa. He commented that Council will not have any more infonnation in 30 days or so than it does now. Council Member Wheeler's viewpoint was that Planned Development is not zoning because it is too permissive; he opposed residential development in the midst of medium- and high-rise areas; and he felt the North Costa Mesa Specific Plan should be reviewed prior to consider- ing a charge in the land use designation and zoning. Council Member Buffa commented that mixed-use develop- ments are a resolution to traffic problems. The motion to adopt Resolution 87-10 carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler, Hornbuckle ABSENT: COUNCIL MEMBERS: none MOTION A motion was made by Council Member Buffa, seconded by Ordinance 87-4 Vice Mayor Paburgey, to give first reading to Ordinance Given First 87-4, being AN ORDINANCE OF THE CITY COUNCIL OF THE Reading CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF 1 LOT 1 OF TRACT L0950 FROM PDR -HD TO PDR -UC. Council Member Hornbuckle asked if Council Member Buffa would consider amending his motion by adding that second reading and adoption of the ordinance shall be delayed until after the North Coast Mesa Specific Plan is approved. AMENDED MOTION Council Member Buffa canprbmised and amended the motion Hold Adoptionof by adding that second reading and adoption of the ordi- Ordinance for.60 ante shall be held until the meeting of May 18, 1987. Days The amended motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:05 p.m., and the meet- ing reconvened at 8:20 p.m. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal Concerning application.fran Alex Commack, 218 Princeton Drive, Princeton Drive appealing the Traffic Commission's denial of his request Closure to close Princeton Drive from Fairview Road to Columbia Drive. The Director of Public Services referred to staff's letter to the Council dated March 6, 1987, stating that based upon the draft guidelines for street closures, Princeton Drive is considered a low priority street for closure. As a result,.the.Traffic Commission supported staff's recommendation to deny the request. Alex Commack asserted that the traffic counts should -have been taken on. Princeton Drive. near Columbia Drive. He also mentioned that vehicles travel at excessive speed. Council Member Hornbuckle suggested that Mr. Commack talk to his neighbors to find out if they would support closure of the street. Council Member Hornbuckle pointed out that the traffic count indicates that Princeton Drive probably would not qualify for closure. Mayor Hall informed Mr. Cormack that street closure guidelines require that the majority of residents must be in favor of the closure before the request can be conLs idered . Carl Busman, 447 Princeton Drive, was not aware of the request.to close Princeton Drive, and stated that he would discuss it with Mr. Commack. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hornbuckle, seconded Princeton.Drive by Vice Mayor Amburgey, and carried 5-0, upholding the Closure Denied Traffic Commission's denial of the request to close Princeton Drive between Fairview Road and Columbia Drive. Council Member Wheeler commented that the Council is not ruling out the possibility of initiating a petition, and compliance with other Traffic Commission guidelines for closure of Princeton.Drive at a future date. �Pte�,`,}} A 38 PUBLIC HEARING The Clerk announced the public hearing to consider the Appeal of.PA--87-10 appeal of Condition of Approval No. 17, "Building Ward location shall be reversed on the site plan", in connec- tion with the Planning Commission's approval of Planning Action PA -87-10 from Donald R. Ward, 2110 Newport Boule- vard, Suite 1, Costa Mesa, for a Conditional Use Permit to allow construction of a hotel in a commercial district, and a Conditional Use Permit to exceed the building height limit at 2070 Newport Boulevard, in a C2 zone. Environmental Determination: Negative Declara- tion. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director reviewed staff's memorandum dated March 3, 1987. In approving the project, the Planning Canmission added Condition of Approval No. 17, requiring a change of location for the hotel so that it would be closer to the northerly property with the driveway located to the south. This action was based on the Ccmmission's concern that a five-foot side setback between the hotel and the mobile home park would be insufficient in terns of shadow impacts., noise, privacy, and adequate landscape buffer. The property to the north (C2 zoning) is a long narrow lot which applicant maintains will require access onto his property for turnaround purposes when the lot is developed. The applicant contends that this cannot be accanplished with the location of the hotel on the reversed site plan. The applicant, Donald D. Ward, reported that he spoke with residents of the nubile hone park and they indi- cated that they do not want the driveway adjacent to their homes because of cars entering and leaving the hotel at all hours. Mr. Ward mentioned that residents to the north also favor the original plan. Steve Fabeck, 2500 Albert Way, Arcadia, owner of the mobile home park to the south of Mr. Ward's property, preferred that the hotel's driveway be located along the southerly portion of the subject property, adjacent to the mobile home park. He opposed the building being located next to the park because a 30 -foot wall would be required within.the five-foot setback and leave only three feet for landscaping. Mr. Fabeck contended that 30 window air conditioners will be facing the mobile hcm park and will be a nuisance to the park residents. He canmented that if the hotel were to be located along the southerly property line, the setback should be no less than 10 feet. There being no other speakers, the Mayor closed the public hearing. Council Members Amburgey, Hornbuckle, Wheeler, and Buffa agreed that the site plan should be reversed as stated in Condition of Approval No. 17. Mayor Hall commented that having the hotel on the south- erly side of the subject property would severely impact the mobile home residents; however, if the hotel were placed on the northerly portion of the property, the narrow, deep parcel to the north would be worthless. MOTION On motion by Council Member Hornbuckle, seconded by Retained Condition Council Member Wheeler, and carried 5-0, Condition of of Approval No. 17 Approval No. 17 was retained. PUBLIC HEARING. . The Clerk announced the public hearing to consider an Appeal of PA 87-25 appeal.of the Planning.Camnission's denial of Planning Finkel Action PA -87-25 frau Mary and Paul Finkel, 3225 Clay Street, Newport Beach, for a variance from open space, and.side and rear setback requirements, to legalize a bedroom and bathroom addition to one unit of an existing four -unit apartment complex at 128 East 21st Street, in an R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director summarized staff's memorandum of March 3, 1987, and the Staff Report. The apartment.canplex has an existing nonconforming three- foot side setback. The applicant is seeking to legalize the addition with variances for a similar three-foot side setback, as well as a rear yard setback of six feet, seven inches. The Code requires side setbacks of five.feet, and a rear setback of seven feet, six inches. Staff recanmended denial and the Planning Commission agreed.that no,justif ication was found to permit the reduced side and rear setbacks, nor to allow waiver of the maximum allowable rear yard coverage. In view of the existing nonconforming density and parking design, variance from rear and side setback requirements was seen as making an existing.nonconforming site even more nonconforming. Applicant and owner of the subject property, Paul Finkel, read a prepared statement which he submitted for the.record, containing six reasons why the Planning Commission denied the request. Mr. Finkel admitted that he added a bedroan and bath to Unit No. 2 without per- mits -to provide shelter for his daughter and grandson in an emergency situation. Mr. Finkel appealed the decision of the Planning Canmis- sion because of financial loss and displacement of a family if the structure were torn down. He cited three instances where similar setback variances were approved, and disagreed with staff's method of calculation. Mr. Finkel contacted the neighbors most affected by the additional structure and they do not oppose the project. Those neighbors.are Bob Gausaferro, 130-B East 21st Street; Florence Bates, 116 East 21st Street; and Don Ward, owner of property north of the subject site. Responding to Council Member Wheeler's inquiries, Mr. Finkel stated that he had the additional structure erected without permits because of a family emergency, and that the contractor assured him that the addition was in accordance with the Code. Donald Ward, owner of property north of the subject site, spoke in.support of approving the variance. Council Member Buffa asked if the trellises had been removed, and Mr. -Finkel responded that they had. Vice Mayor Amburgey reported that he had viewed the property and noted that the trellises had been removed, the construction appeared to be good, and other houses along that street are in line at the rear of the proper- ties. He suggested that the laundry room be brought up to Code, and building permits obtained. The Development Services Director explained the staff's calculations as requested by Council Member Hornbuckle. 4Z.11_0 MOTION A motion was made by Vice Mayor Amburgey to approve PA -87-25. Planning,Action PA -87-25, stipulating that Mr. Finkel Approved shall obtain the required building permits to ensure conformance to Code, and subject to all conditions. The motion was seconded by Mayor Hall and further discussion ensued. Council Member Wheeler opposed the motion because there are no special circumstances to substantiate granting the variance. Council Member Hornbuckle asked the Vice Mayor for findings to support approval since State law requires that special circumstances exist. Vice Mayor Amburgey responded that the intent is to protect the neighbors; the property to the north is built to the property line with a solid wall which appears to be carports; encroachment of 10 inches into the 7 -1/2 -foot setback does not adversely affect the adjoining property; and the property to the east has a fireplace extending beyond the required setback. Mayor Hall carnmented .that he assumed then that the findings are that the evidence does satisfy Costa Mesa Municipal Code Section 13-346 as there is no encroach- ment into the open space of the adjacent property; and that the subject site is impacted by a solid wall encroaching into the open space of the subject site. Vice .Mayor Amburgey confirmed those statements. Council Member Buffa asked if the motion included the direction that applicant shall legalize the structure being used as a laundry roan: The Vice Mayor responded that applicant shall legalize both the laundry room and the additional structure. The motion to approve Planning Action PA -87-25 carried 3-2, Council Members Hornbuckle and Wheeler voting no. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of PA -87-28 appeal of the Planning Commission's denial of a variance Grewe/Hardage and Conditional Use Permit for display of automobiles in the front setback in connection with Planning Action PA -87-28, frau Carl Grewe, authorized agent for Earl H. Hardage, for property located at 2273 Harbor Boulevard in a C2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director summarized staff's memorandum of March 5, 1987, stating the fact that there was a misunderstanding at the Planning Commission level. Staff recommended approval of the Conditional Use Permit for leasing and display and denial of the variance for display in the front setback. The applicant informed the Planning Commission that the Department of Motor Vehicles requires auto leasing businesses to display vehicles at the front of the property to maintain visi- bility fram.the street. The Commission denied the Conditional Use Permit for auto leasing based on the finding that the site is not suitable nor large enough to sustain the proposed activity if vehicles must be displayed at the front of the property. Since the Commission meeting, staff learned that the Department of Motor Vehicles requires on=site automobile display for leasing businesses; how- ever, there is no stipulation that the display must be located at the front of property. Had the Commission 1 been aware of this, they may have granted the Condi- tional Use Permit for auto leasing and display, and denied the variance for auto display in the front setback. Council Member Wheeler stated that based on a report concerning the setbacks on Harbor Boulevard, it is apparent the there are many businesses with no set- backs. The Development Services Director responded that Code now requires a 20 -foot setback and some of the businesses on Harbor Boulevard may be in violation of the Code . The•applicant, Carl Grewe, Safety Leasing, requested permission to encroach 7 feet into the 20 -foot setback, reporting that the vehicles would be parked on pads, and those pads would be hidden by grass. , Mark Korando, 582 Park -Drive, Costa Mesa, spoke in opposition to the variance. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa to approve PA -87-28 Planning Action PA -87-28 based on the staff's findings Approved and recannendations, subject to conditions contained in the Staff Report, with an additional Condition of Approval: A landscaping site plan for the front setback and car display area shall be submitted to staff for approval with the intention that the land- scaping will be done by the applicant;. and modifying Condition of Approval No. 7 to.stipulate that three concrete pads shall be permitted to encroach 7 feet (instead of 10. feet) into the required 20 -foot land- scape setback for automobile: display. Council Member Wheeler opposed the motion because no special circumstances.nor site hardship were mentioned that would permit approval of a variance. Council Member Buffa stated that automobile dealers are an intricate part of the community and he favored a change in City policy. In response to Council Member Hornbuckle's request, Council Member Buffa based his motion for approval on the findings that.the encroachment into the front setback for display will not significantly impact the neighboring properties on either side of the subject site, nor the properties on .the other side of Harbor Boulevard across fran.the applicant's property; and the use is consistent with the other multiple automobile uses in the area. Vice Mayor Anburgey stated that even though the appli- cant will be encroaching 7 feet into the front setback, landscaping will be provided from the sidewalk to beyond the 20 -foot required setback. Council Member Wheeler expressed his opinion that the findings are insufficient because the issue is not the adverse .impact on surrounding properties, because that is a finding for a Conditional Use Permit. He stated that the issue in this case is a request for a variance which requires findings relating to site hardship. Council Member Hornbuckle referred to the added Condi- tion of Approval concerning landscaping, and asked I ' 4'1# 14- `,4�'l�sa Council Member Buffa if that condition includes the standard landscaping requirements that applicant shall utilize a low water use irrigation system and drought resistant landscaping. Council Member Buffa responded the required landscaping shall meet those standards. The aforementioned motion to approve Planning Action PA -87-28 carried 4-1, Council Member Wheeler voting no. PUBLIC .HEARING The Clerk announced the public hearing to consider an Appeal .of PA -87-30 appeal of the Planning Commission's denial of Planning Cruz Action PA -87-30 from Joe Cruz, 1089 San Pablo Circle, Costa Mesa, for variances frau minimum interior dimerr sion and garage door width requirements, to allow conversion of existing carports to garages at 2917 and 2925 Mendoza Drive in an R4 zone. Environmental.Deter- mination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No ccumunications have been received. The Development Services Director referred to staff's memorandum dated March 5, 1987, and the Staff Report, .stating that the applicant proposes to convert four carports to garages measuring 8.5 feet by 18 feet, with doors 8 feet wide. Code requires that garages measure 10 feet wide by 20 feet long, and a door width of 9 feet. The Planning Commission's denial was based on concerns that the smaller interior would cause access difficulty, that inadequate garage door width would impede ingress and egress, and that enclosed apartment garages lend themselves to storage, thereby decreasing the amount of available parking. The applicant, Joe Cruz, informed the Council that the reason he wants to enclose the carports is because of the many vehicle break-ins which have occurred in the past few years. Howard Elsom, 2917-B Mendoza Drive, reported that his vehicle had been broken into last week and the stereo stolen. Council Member Hornbuckle was opposed to the garage conversion. She suggested that if the carports were more open, and additional lighting installed, it would be safer for the tenants than garages. Marlene Elsom, 2917-B Mendoza Drive, reported that she came upon someone breaking into a neighbor's automobile. She stated that the police consider the area a high - crime neighborhood. There being no other speakers, the Mayor closed the public hearing. Council Members Amburgey and Buffa agreed with the suggestion made by Council Member Hornbuckle, that is, make the carports more open and add more lighting. Mayor Hall favored enclosure of the carports to prevent further vehicular break-ins. Council Member Wheeler catunented that there are no special circumstances relating to the site that would warrant approval of the variances. MOTION A motion was made by Council.Member Wheeler, seconded PA 87-30- by Vice Mayor Amburgey, to uphold the Planning Canis - Denied sion's.denial of Planning Action PA -87-30. The motion carried .4-1, MayorHall voting no. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of.PA-87-37 appeal of the Planning Commission's denial of Planning Shipley Action PA -87-37 from Greg Shipley, 1041 West Wilson Street, Costa Mesa, for a variance from parking require- ments and a Conditional Use Permit for condominium conversion of an existing occupied two -unit apartment canplex at the above address in an R2 zone. Environ- mental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director reviewed the staff's memorandum dated March 11, 1987. The Planning Commis- sion denied the conversion because adequate parking could not be provided, and because the apartment vacancy rate is,,under the 3 percent rate specified in the Condo- minium Conversion Ordinance. Costa Mesa's vacancy rate is 2.2 percent. The parking variance was denied by the Planning'Commission based on the finding that no special circumstances apply to the property to justify the vari- ance. Staff has received cam -Lents from appraisers and developers regarding difficulty obtaining financing for residential conndaninums located in a two -unit project. The applicant, Greg Shipley, informed the Council that :because of the upgrading he has done on the property, it is the showplace of the neighborhood. He stated that his tenants have lived at the site for four years and are arxious to have the opportunity of owning their own home. Mr. Shipley contended that if the complex is sold as a whole, the rent will be raised substantially. Council Member Wheeler stated that the Condaninium Conversion Ordinance was adopted to prevent removal of rental housing when there is a great need for it, and the 2.2 percent vacancy rate in Costa Mesa indicates that the need for rental housing exists. Also, no special site circumstances exist which would warrant approval of the parking variance. The Director of Public Services answered questions from Council Member Hornbuckle concerning any future improvements on Wilson Street. The Director commented that the project should not be judged on whether or not the street will be widened. Vice Mayor Amburgey was of the opinion that this situa- tion is unique even though the City's vacancy rate is low. He felt that the tenant should have the opportun- ity to become a homeowner, and the City encourages hone ownership. Mayor Hall voiced his agreement with the Vice Mayor's statement. Motion to Deny A motion was made by Council Member Wheeler, seconded Failed to Carry by Council Member Hornbuckle, to deny the request. The motion failed to carry 3-2, Council Members Hall, Amburgey, and Hornbuckle voting no. MOTION A motion was made by Council Member Hornbuckle, seconded PA -87-37 by Vice Mayor Amburgey, to approve Planning Action Approved PA -87-37 subject to conditions contained in the Staff Report, and based on the following findings: Conversion of only two units will not generate any measurable impact on the apartment vacancy rate. The City's apartment vacancy rate figures were taken in 1985, and the apartment vacancy situation has changed.drastically since then. The parking requirements are not prone to change merely because of the change fran rental to ownership. Responding to a question frau Council Member Wheeler, Council Member Hornbuckle stated that she based her finding that the vacancy situation in the City has changed drastically because of the numerous vacancy signs'she has observed throughout the City. Council Member Wheeler asserted that there has been no change in the City's vacancy rate according to an Orange County survey taken in the last year. The motion to approve,Planning Action PA -87-37 carried 3-2, Council Members Wheeler and Buffa voting no. RECESS The Mayor declared a recess at 10:30 p.m., and the meet- ing reconvened at 10:40 p.m. NEW BUSINESS The Clerk presented Planning Action PA -87-27, Bob Jahn, Post Office Drawer "A", Huntington Beach, authorized PA -87-27 agent for Newport Shores Builders, for a Planned Jahn/Newport Development for a four-story hotel, and a Conditional Shores Builders Use Permit for off-site access and parking, located at - 325 and 345 Bristol Street in a PDC zone. Environmental Determination: Negative Declaration. MOTION On motion by Council Member Wheeler, seconded by Council PA -87-27 Member Buffa, and carried 5-0, the Negative Declaration Approved of Environmental Impact was adopted; and Planning Action PA -87-27 was approved based on staff's findings and analysis, and subject to conditions contained in the Staff Report. PA -87-42 The Clerk presented Planning Action PA -87-42, The Nadel Nadel/California Partnership, Incorporated, 520 Broadway, Suite 400, Pacific Properties Santa Monica, authorized agent for California Pacific Properties, 3401 West Sunflower Avenue, Suite 250, Santa Ana, for a variance from front setback requirements, and an amendment to the Final Development Plan, for a previ- ously approved one-story commercial building located at 3060 Bristol Street, in a PDC zone. Environmental Determination: Environmental Impact Report 1011 accepted November 15, 1982, for Specific Plan SP -82-01A. The Development Services Director reported that the one- story financial building was originally approved with a 25 -foot required setback from the Bristol Street front- age (ZE-82-132A). One condition of approval called for deceleration lanes for northbound traffic on Bristol Street at the project entrances. Although a narrow deceleration lane was shown in front of the building on the original approved plans, the building setback has been reduced five feet below minimum Code require- ments because the deceleration lane is required to be wider. Consequently, a variance is required. MOTION On motion by Council Member Buffa, seconded by Council PA -87-42 Member Wheeler, and carried 5-0, Planning Action Approved PA -87-42 was approved based on staff's findings and analysis, and subject to conditions contained in the Staff Report. -4j1 5 Lions Club The Clerk presented a request from the Costa Mesa - Insurance Newport Harbor Lions Club, Post Office Box 10628, Costa Mesa, for reduction in insurance requirements for its fish fry and carnival. The City Attorney reported that the Lions Club has requested relief from the $5 million insurance required by the City for these types.of events. The Lions Club is requesting that Council accept $3 million coverage as approved in 1986. Ron Amburgey, 2736 Cibola Avenue, Costa Mesa, President of the Lions Club, was present to answer questions from the Council. Responding to a question from the Mayor, Mr. Amburgey reported that the additional $2 million insurance would cast the Lions Club $21,000.00. He also mentioned that $3 million coverage was the maximum the Lions Club has ever furnished for the fish fry and carnival. Council Member Wheeler commented that although the Lions Club has a good record, there is always the possibility of a serious accident, and if it does occur, damages could very well be in excess of $3 million. Council Member Wheeler opposed waiving the additional $2 million coverage; however, he suggested that the City pay for the additional insurance. Council Member Hornbuckle was comfortable accepting $3 million coverage, commenting that if there were a serious accident, neither $5 nor $10 million would be sufficient. MOTION A motion was made by Vice Mayor Amburgey, seconded by Approved'Coverage Mayor Hall, to accept $3 million insurance coverage for of $3 Million the 1987 Lions Club fish fry and carnival. The motion carried 4-1, Council Member Wheeler voting no. Literacy Center The Mayor presented a recommendation from Council Member Buffa to establish a Literacy Center. Mayor Hall suggested that this item be continued because necessary information was received too late to study. MOTION A motion was made by Council Member Wheeler, seconded by Held Over Council Member Buffa, and carried 5-0, to continue the Literacy Program to the meeting of April 6, 1987. Council Member Hornbuckle recommended that in addition to the infonuation supplied by Council Member Buffa, that staff contact the Newport -Mesa Unified School District or Orange Coast College, or any other organi- zation that already provides literacy classes. Council Member Wheeler suggested that staff also contact Jane Askin, Costa Mesa Friends of the Library, who is involved with a literacy program. Mayor Hall requested the City Manager to obtain informa- tion from the above-mentioned organizations. Orange County The Mayor presented a response to the Orange County Freeway Authority Transportation Commission regarding the proposed Orange County Freeway Authority. In his memorandum of March 16, 1987, the City Manager reported that in January, 1987, the Orange County Trans- portation Commission' directed its staff to solicit input from Orange County cities regarding a proposal to establish an Orange County Freeway Authority. This proposal would permit partial funding by transferring property taxes from cities -and other local jurisdic- tions. Since Costa Mesa would be an affected agency, it is appropriate for the City Council to take a posi- tion on the proposal. At its meeting of March 12, 1987, League of California Cities, Orange County Division, adopted Resolution P-1-87 opposing the use of property tax revenues to fund freeway improvements. MOTION Letter Authorized A motion was made by Council Member Hornbuckle, seconded Stating Opposition by Council Member Buffa, arra carried 5-0, directing the to Use of Property Mayor to send a letter to the Orange County Transporta- Taxes for Freeway tion Commission indicating that the City Council is Improvements opposed to the use of property tax revenues for freeway improvements. Cable Television The Mayor presented recommendations concerning appoint - Committee ment of an additional member to the Cable Television Appointment Committee. MOTION On motion by Vice Mayor Amburgey, seconded by Council Held Over Member Buffa, and carried 5-0, this item was continued to the meeting of April 6, 1987. Child Care The Mayor presented recommendations concerning appoint - Committee ments to the Child Care Committee. Appointments In his memorandum of March 12, 1987, the City Manager reviewed the status of the Child Care Committee. In July, 1985, the Council appointed six members to an ad hoc Child Care Committee. The charge of this commit- tee was to formulate recommendations to the Council on the issue of child care. In October, 1986, the Commit- tee presented a report to the Council regarding child care in the City of Costa Mesa. As a result of the report, the Council decided to expand the membership of the committee from six to eleven members, and to change its status from ad hoc to permanent. Council Member Hornbuckle referred to her memorandum of February 26, 1987, which contains recommendations of people to be considered for appointment to the Child Care Committee. MOTION On motion by Council Member Hornbuckle, seconded by Vice Appointed Members Mayor Amburgey, and carried 5-0, the following Child to Child Care Care Committee appointments were approved: Committee Two-year terms (all were members of ad hoc committee): Christine Brooks; David Harding; Joyce Smith; Mary Ann Somerville; and Rosemarie Bodrogi, School District Representative One-year terms: Sharon Rader; Kym Hopkins; Jill Sada; Patti Smith; and Jeanne Halverson Reorganization The Mayor presented an ordinance concerning reorganiza- of Clerk's Office tion of the City Clerk's office. 1 The City Manager .reviewed his memorandum dated March 12, 1987. In October, 1986, staff was directed to prepare amendments to the Municipal Code to reassign the super- visory responsibility for the City Clerk from the Council to the City Manager. The ordinance implements that directive. Council Member Wheeler opposed transferring Council's control over the Clerk's office to the City Manager. MOTION On motion by Vice Mayor Amburgey, seconded by Council Ordinance 87-5 Member Hornbuckle, Ordinance 87-5, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading MAKING AN ORGANIZATIONAL CHANGE CONCERNING THE OFFICE OF THE CITY CLERK, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None COUNCILMANIC .COMMENTS Council Member Buffa referenced Costa Mesa's partici- pation in the celebration of the United States Consti- United States tution Bicentennial. He recanmended that the City Constitution submit.an application to have an approved Bicentennial Bicentennial Canmission, and reported that he has the official form that must be submitted to Sacramento and Washington, D.C. The approved canmittee would be authorized to use the Official Bicentennial Seal for its activities. Mayor Hall appointed Council Members Buffa and Wheeler to pursue the Bicentennial activities. Haneless. Council Member Wheeler announced that he -will draft a Children resolution concerning homeless children for considera- tion at a future Council.meeting. ADJOURNMENT The Mayor declared.the ting adjourn, at4ofCostpa .m I& Ma the City Me ATTEST: City Clerk of the City ofC a Mesa