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HomeMy WebLinkAbout08/03/1987 - City Council■ REGUMR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGLST 3, 1987 The City Council of the City of Costa Mesa, California, met in regular session August 3, 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 Vice Mayor, followed by the Pledge of Allegiance to the Flag led by Boy Scout Troop 339, and Invocation by the Reverend Drew -Boucke, Costa Mesa Nazarene Church. ROLL CALL Council Menbers.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 July 6, and Mayor Hall, and carried 5-0, the minutes of the regular July 20, 1987 meetings of July 6, and July 20, 1987, were approved as di stri.buted . ORDINANCES. A notion was made by Council Member Wheeler, seconded by Council Member Hcrnbuckle, and carried 5-0, to read all ordinances by title only. Planning Commission The Vice Mayor announced there is a concurrent meeting Study Session of the Planning Commission taking place in the 5th floor conference room regarding the General Plan Amendment GP -87-4, and after that item. the Planning Cammission's study session items will be discussed. ORAL Jan Luyres, 592 Park Drive, Costa Mesa, spoke about CCMMUNICATIONS traffic speeds on Anaheim Avenue between Superior Avenue and 18th Street, lack of sidewalks in the area, and her Traffic Speed concern about safety. She requested traffic speed limit signing and other items be investigated to alleviate the Referred to problem. Vice Mayor Amburgey referred this item to the Traffic Commission 'Traffic Commission for study and preparation of a report. Sister Cities Mrs. Ernie Feeney, 1154 Eorset Lane, Costa Mesa, spoke Program about Council's directive to Jan Kausen and the Sister Cities Program Committee to pursue a city, excluding the Soviet Union, as a sister city. She read from a news- paper article indicating Mrs. Kausen is pursuing the Soviet Union for a sister city and asked that something be done about it. Mayor Hall responded he would contact Mrs. Kausen to clarify the issue. Council Member Wheeler cannented being appointed as a representative for the City does deny an individual's right under the First Amendment to pursue a matter as a private citizen. Council Member Buffa mentioned he spoke with Mrs. Kausen and is confident she will deligently pursue canvassing the community to obtain opinions from. the public before recommending a specific city for a sister city. James Miller James Miller, 8681 Palermo Drive, Huntington Beach, spoke Disability about his City of Costa Mesa Long Term Disability Insur- ance payments being suspended. After discussion, Vice Referred to City Mayor Amburgey directed the City Manager to investigate Manager for Report and report on this matter at the next Council meeting. F PA -87-118 Audrey McCool, 884 West 19th Street, Costa Mesa, author- McCooVLamb ized agent for applicant Dan and Alice Jackson, asked for continuance of Planning Action PA -87-118. GP -87-4A The Director cf Development Services, speaking on behalf King of applicant Jerry King, requested continuance General Plan Amendment GP -87-4A. The Vice Mayor asked if there were any speakers present who wished to speak on these items and for whom a con- tinuance would create a hardship. No one responded. Items to be Vice Mayor Amburgey announced that the aforementioned Continued items will be continued when they appear in their proper order on the agenda. Long Tenn Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his Disability feeling that long term disability cases such as James Miller's should go before a review board to discuss the unfairness of discontinuing his disability payments. The City Manager responded that last year a joint committee was set up to investigate any deficiencies. The canmittee has canpleted initial work and their recommendations will be distributed to both City's staff and the Police Association for review and camment. He stated that any deficiencies in the plan affecting James Miller's case are not personal. Sidewalk Widths David Salcido, 954 West 17th Street, Costa Mesa, spoke about the different sidewalk width standards within the city and commented the maximum width standard of 10 feet is the same width as an automobile parking space; conse- quently, cars are being parked on these sidewalks creat- ing a safety hazard for people having to walk in the street to get around them. He lives in an area with sidewalk widths of 10 feet and suggested insets with trees planted in them every few feet as a possible Referred to deterrent to alleviate this problem. Vice Mayor Planning Cammission Amburgey referred this item to the Planning Commission for investigation and recanmendation. Regional Urban Roy Pizarek, 1923 Tnhittier Avenue, Costa Mesa, asked for Design Assistance the status of the Regional Urban Design Assistance Team, Team and the City Manager responded that their final report was produced during the second quarter of this year. Staff has requested that it be considered along with the General Plan update since there are items in it requir- ing General Plan Amendments. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item No. 6(a), Bid Item 770, removal of parkway trees; Item No. 11, Interstate 405 Access Study; Item No. 13, update San Joaquin Hills Corridor Joint Powers Agreement policy issues; Item 14(c), parking prohibition on both curbs of Walnut Street between Tustin Avenue and Raymond Avenue for street sweeping purposes; Item 14(d), parking prohibition on both curbs of Esther Street between Tustin Avenue and Raymond Avenue for street sweeping purposes; Item 14(e), parking prohibition on Raymond Avenue between 20th Street and Walnut Avenue for street sweeping purposes. On motion by Council Member Buffa, seconded by Council Member Hornbuckle, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tnhleeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: none [1 READIIU FOLDER On motion by Council Member Buffa, seconded by Council Member Ibrnbuckle, the following Reading Folder items were received .and processed: Claims Claims received by the City Clerk: William Yacobozzi, Jr . , on behalf of Joseph Shere; C. Kerry Fields on behalf of Advanco Constructors; Trina Cole; Lyle H. Prenzler, M.D.; Margaret M. Ley; and, Veronica L. Rowan. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Poh S. Cheng, doing business as 19th Street West, 745 West 19th Street; Ruby's Diner South Coast Plaza, 3333 Bear Street, Suite 120; Circle K Convenience Stores, Incorporated, doing business as Circle K, 2271 Fair- view Road; James E. Anderson, doing business as Jolly Tamale, 2346 Newport Boulevard, #B-2; Bong Hee Park, doing business as Mesa Village Liquor, 1011 El Camino Drive; Circle K Convenience Stores, Incorporated, doing business as Circle K, 1178 Sunflower Avenue; and Chantry Limited, doing business as Kaplan's Deli, 3211 Harbor Boulevard. Fireworks Ban Request from Mayor Ben Bay, City of Anaheim, to ban all uncontrolled fireworks in Orange County. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received frau California Public Interest California Public Research Group, 5500 Atherton Street, Suite 224, Long Interest Research Beach, for a door-to-door membership drive to begin as Group soon as possible aryl continue through August 31, 1987. On motion by Council Member Buffa, seconded by Council MOTION Member fbrnbuckle, and carried 5-0, the permit was Permit Approved approved with application of Municipal Code Section 9-234(j). SET FOR PUBLIC HEARING On motion by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, the following items were set for public hearing on August 17, 1987, at 6:30 p.m., in the Council Chambers of City Hall: R-87-10 Rezone Petition R-87-10, John Wagoner, 702 West 173rd Wagoner Place, Gardena, for permission to rezone property at 685 West 18th Street frc. R2 to R3. Environmental Determination: Negative Declaration. Floodway and Flood- An ordinance amending Title 13, of the Costa Mesa plain Regulations Municipal Code, to bring the Floodway and Floodplain Regulations into conformance with Federal Emergency Managezrent Agency (FEMA) regulations. Environmental Deternination: Exempt. REJECTED CLAIM On motion by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, the claim from Hewett Attorney Bridget Baynes, on behalf of Lois Marion Hewett, was rejected. ADMINISTRATIVE Bids received for Bid Item 771, to furnish asphalt ACTIONS concrete A.R. 4000, are on file in the Clerk's office. On motion by Council Member Buffa, seconded by Council Bid Item 771 Member Hornbuckle, the contract was awarded to Irvine Furnish Asphalt Asphalt Materials Company, 16081 Construction Circle Concrete A.R. 4000 West, Irvine, as follows: 3/4 -inch and 1/2 -inch type B and C mix, $22.65 per ton; 3/8 -inch type D, $23.50 per MOTION ton; school mix and E mix, $25.00 per ton; sheet and Awarded to Irvine berm mix, $26.00 per ton. A secondary contract was Asphalt Materials awarded to R. J. Dbble Company, Post office Box 620, and R. J. Noble Orange, as follows: Asphalt concrete 3/4 -inch - 151 152 1/2 -inch, $21.00 per ton; asphalt concrete (sheet), $24.00 per ton; processed miscellaneous base, $4.95 per ton. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Meeler Hornbuckle, Buffa None None Sole Source Punccase Staff recammended purchase from a sole source vendor, Upgrade of Public PRC/Public Management Services, 1500 Planning Research Safety Computer Drive, Mail Stcp, 3W6, McLean, Virginia, for upgrade of System Public Safety Ccmputer System for $650,000.00. This is a sole source contract with the original installers of MOTION the City's system who have continued to maintain it Purchase Approved through maintenance contracts. On motion by Council Member Buffa, seconded by Council Member Hornbuckle, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Meeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Director of Public Services recommended approval of City of Santa Ana an agreement with the City of Santa Ana, Public Works Agency, Pcst Office Box 1988, Santa Ana, for reimburse- ment for the resurfacing and reconstruction of Harbor Resurfacing and Boulevard frau Baker Street to MacArthur Boulevard Reconstruction/ excluding the State portion of the freeway right-of-way, Harbor Boulevard in a proportional amount to be shared by the Cities of Costa Mesa and Santa Ana, to the extent it exceeds approved Orange County Unified Transportation Trust (OCUTT) funding of $348,072.00, with the mutual approvals cf the cities to reflect actual quantities of MOTION work done in each city. On motion by Council Member Agreement Approved Buffa, seconded by Council Member Hornbuckle, the agree- ment was approved, and the Mayor arra Clerk were author- ized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, V\he eler , Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement The Director of Leisure Services recommended approval Costa Mesa Tennis of an agreement with Costa Mesa Tennis Club, Michael Club/Michael Rehtorik, 14932 Ellington Lane, Westminster, as conces- Rehtorik sionaire for the TeWinkle Tennis Courts. Concessionaire shall pay a minimum rent of $600.00 per month or seven percent of grass receipts to the City of Costa Mesa. MOTION On motion by Council Member Buffa, seconded by Council Agreement Approved Member Hornbuckle, the agreement was approved, and the Mayor arra Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Vihieeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Sole Source Purchase Staff recommended purchase frau a sole source vendor, Dictation Equipment Dictaphone Company, 1940 East 17th Street, Santa Ana, Police Department in the amount of $28,499.00, payable on a 60 -month lease program, for modernization of the dictating/ transcribing equipment in the Police Department. MOTION On motion by Council Member Buffa, secorided by Council Purchase Approved Member Hbrnbuckle, the purchase was approved by the following roll call vote: 1 1 AYES: COUNCIL MEMBERS: Hall, Amburgey, ',,heeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Sole Source Purchase Staff recommended purchase of typesetting equipment Typesetting Equipment from sole source vendor, Ccmpugraphic Corporation, 16421 Carmenita Road, Cerritos. On motion by Council Member MOTION Buffa, seconded by Council Member Hornbuckle, the Purchase Approved purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tnhieeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "H" Phillips, Brandt, arra Reddick Victoria Street Widening MOTION Change Order Approved Bicycle Trails MOTION Resolution 87-77 Adopted The Director of Public Services requested approval of Change Order "H" for $21,950.00, to the contract with Phillips, Brandt and Reddick, 18012 Sky Park Circle, Irvine, for preparation of a supplement to Environmental Impact Report 1033 for Victoria Street Widening. On motion by Council Member Buffa, seconded by Council Member Hornbuckle, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tnheeler Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Director of Public Services presented an application for bicycle and/or pedestrian funds authorized under Senate Bill 821 and requested approval arra adoption of a bicycle and/or pedestrian plan. On motion by Council Member Buffa, seconded by Council Member Hornbuckle, Resolution 87-77, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY (' COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUND AUTHOR- IZED UNDER SENATE BILL 821 AND APPROVING THE ADOPTION OF ITS BICYCLE PND/OR PEDESTRIAN PLAN, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, 6%heeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition On motion by Council Member Buffa, seconded by Council on 18th Street Member Hornbuckle, Resolution 87-78, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION PROHIBITING PARKING ON A PORTION OF 18TH STREET, was Resolution 87-78 adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hall, Amburgey, feeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Time Limit Parking On motion by Council Member Buffa, seconded by Council on Lagan Avenue Member Hornbuckle, Resolution 87-79, being A RESOLUTION CF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- MOTION FORNIA, ESTABLISHING A 2 -HOUR TIME LIMIT PARKING ON A Resolution 87-79 PORTION OF LOGAN AVENUE, was adopted by the following Adopted roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tpheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 770 Item 6(a) on the Consent Calendar was presented: Bid Removal of Item 770, removal of parkway trees. Mayor Hall reported Parkway Trees that the bid received from Tip Top Landscaping and Tree Service, Post Office Box 1921, Orange, in the amount of 154 $15,350.00 was not responsible because all insurance has been cancelled for that canpany as outlined in staff's memorandum of August 3, 1987. MOTION On motion by Mayor Hall, seconded by Council Member Removed.fran Hornbuckle, Bid Item 770, Removal of Parkway Trees, was Agenda removed from the agenda and staff will make a reccmmen- dation at a later date. The motion carried 5-0. I-405 Access Item No. 11 on the Consent Calendar was presented: Study Interstate 405 Access Study. A motion was made by Mayor Hall, seconded by Council Member Hornbuckle, to remove this item from the Consent Calendar and place it under Old Business, Item No. 6, to accommodate full discus- sion. The motion carried 5-0. San Joaquin Hills Item No. 13 on the Consent Calendar was presented: San Corridor Update Joaquin Hills Corridor Joint Powers Agreement policy issues update. MOTION After discussion, a motion was made by Council Member Recommendations Hornbuckle, seconded by Council Member Buffa, and car - Approved ried 5-0, approving updated policy issues, directing staff to forward updated policy issues to the Joint Powers Agreement Agency and authorizing Council's Joint Powers Agreement Agency representative to pursue resolu- tion of the issues with the Joint Powers Agency Board, as recanmended in staff's memorandum of July 27, 1987. Parking Prohibition Item Nos. 14(c), 14(d), and 14(e) on the Consent Calen- on Walnut and dar vire presented: Traffic Commission recanmendations Esther Streets, and prohibiting parking on portions of Walnut Street, Esther Raymond Avenue Street, and Raymond Avenue for street sweeping purposes. MOTION On motion by Mayor Hall, seconded by Council Member Resolution 87-80 Meeler, Resolution 87-80, being A RESOLUTION OF THE Approved with CITY COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, Modification PROHIBITING PARKING ON WEDNESDAYS BETWEEN 8:00 A.M. AND 10:00 A.M. ON A PORTION CF VALNUT STREET FOR THE PURPOSE OF STREET SWEEPING, was approved using the most current version for street sweeping resolutions. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Mayor Hall, seconded by Council Member Implement New Wheeler, early implementation of the new Street Sweeping Street Sweeping Policies %ere requested and a resolution for posting Policies prohibition of parking on a portion of Esther Street on Wednesdays for street sweeping purposes held in abeyance Esther Street until new Street Sweeping Policies are implemented. The Resolution motion carried by the following roll call vote: Held Over AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None MOTION On motion by Mayor Hall, seconded by Council Member Resolution 87-81 Wheeler, Resolution 87-81, being A RESOLUTION OF THE Approved with CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Modification PROHIBITING PARKING ON WEDNESDAYS BETWEEN 8:00 A.M. AND 10:00 A.M. ON A PORTION OF RAYMOND AVENUE FOR THE PUR- POSE CF STREET SgEEPING, vias approved using the most current version for street sweeping resolutions. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ASS ENT : COUNCIL MEMBERS: Hall, Amburgey, Meeler, Hornbuckle, Buffa None None OLD BUSINESS The City Attorney requested approval of Supplementary Findings for Planning Action PA -87-15 located at One PA -87-15 South Coast Place (Home Ranch site), C. J. Segerstrom Segerstram arra Sons, 3315 Fairview Road, Costa Mesa, being brought before Council as a result of a pending lawsuit chal- lenging Council's decision to approve the project. He noted several corrections to the text. Jan Luymes, 592 Park Drive, Costa Mesa, said there were not enough copies of the Supplementary Findings for the public and felt this matter should be continued to the next Council meeting. She expressed concerns about traffic generated by this proposed project. The City Attorney stated that there are two items before Council this evening as a result of a lawsuit and which have been previously presented, one of which is on the agenda under Public Hearings arra concerns a General Plan Amendment which is expressly beim brought before Coun- cil this evening to clarify alleged confusions. This first matter presents supplemental findings. Richard Herman, 365 Costa Mesa Street, Costa Mesa, asked if the Supplementary Findings are adopted would it affect Council's approval of -the project and the City Attorney replied adoption of these Supplemental Findings would not affect Council's decision which approved the project. Stephen Goldberger, 3036 Java Road, Costa Mesa, read from a prepared report alleging def iciences in the Environmental Impact Report for this project and his opinion that Council is not acting in the best interests of the public. Adrian La Grave, 1867 Boa Vista Circle, Costa Mesa, spoke on the traffic portions of the Supplemental Find- ings and about increasing trips which, in his opinion, the streets will not be able to handle. Sue Graham, 1106 Redding Avenue, Costa Mesa, spoke on item 2 under Statement of Overriding. Considerations of the Supplemental Findings, and stated when the building was approved it was not specified that IBM be a tenant arra questioned why it is now being given as an overrid- ing condition. Diane Goldberger, 3036 Java Road, Costa Mesa, expressed her opinion that Council is intending to amend an action after the fact. Sid Soffer, 900 Arbor Street, Costa Mesa, commented on traffic problems. Ruth Rossington, 1340 Garlingford Street, Costa Mesa, spoke about her concerns with traffic, and was opposed to approving a project whose Environmental Impact Report does not, in her cp inion, address all the issues or people living south of the I-405 freeway. Rus Purcell, 3344 California Street, Costa Mesa, asked for clarification of procedures in light of the new Supplementary Findings being added to the original document to.which the City Attorney provided a response. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, expressed his opinion that residents were not given proper notice and due process for the proposed General Plan Amendment GP-87-4 which will be discussed under Public Hearing No. 6 of the agenda. RECESS Vice Mayor Amburgey declared a recess at 8:25 p.m., and the meeting reconvened at 8:35 p.m. Sandra Conis, 1586 Myrtlewood Street, Costa Mesa, said findings must be made before project approval as man- dated by the State arra indicated, in her opinion, there is not enough substantial information on record to support these findings. Linda Williams, 3465 Santa Clara Circle, Costa Mesa, spoke on lack of proper public noticing on this matter. Richard Herman asked if the present Council supported the Home Rand project and Council Member Wheeler stated it was a 4-1 vote se not every member of the Council supported the project. Don Wilson, 3331 Marilyn Circle, Costa Mesa, spoke on General Plan Amendment GP-87-4 and that he cannot find evidence to support the General Plan as having been submitted to the required agencies. Mayor Hall said he appreciated the public comments arra many of them have been directed to Item No. 6 under Public Hearings. He stated, in his opinion, no new information is being presented in the Supplementary Findings and that they accurately reflect discussions and findings of Council on the night the project was approved. Council Member Wheeler stated he would like to adopt the statements outlined in the letter prepared for Council by Rus Purcell. Supplemental On the recammendation of Council Member Hornbuckle, the Findings Addition following addition will be made to the Supplemental Findings: Page 31, first paragraph, last sentenance, after the words "No Project" alternative would be, add "contrary" Vice Mayor Amburgey invited everyone concerned about traffic in the north end to stay for Public Hearing No. 6 so that they can see what has been accomplished regarding the I-405 Access Study. MOTION On motion by Mayor Hall, seconded by Council Member Resolution 87-82 Buffa, Resolution 87-82, being A RESOLUTION OF THE CITY Adopted COUNCIL CP THE CITY CP OOSTA MESA, CALIFORNIA, ADOPTING SUPPLEMENTARY CEQA FINDINGS IN SUPPORT CF APPROVAL OF PA-87-15, vias adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None R-82-02 The Clerk presented from the meeting of July 6, 1987, Crown Engineering Ordinance 82-10, in connection with Rezone R-82-02, for and Surveying property located at 2881 and 2891 Bear Street. The Director of Development Services presented background information outlined in Staff's memorandum of July 29, 1987, and made a visual presentation. The applicant, George Kobor, 519 North Foothill Road, Beverly Hills, responded to questions frau Council. Richard Hennan, 365 Costa Mesa Street, objected to adding new apartments in this area. Council Member Wheeler stated his objections to added densities and putting a project such as this next to a freeway. MOTION A notion was made by Mayor Hall, seconded by Vice Mayor Adoption of Amburgey, to adopt Ordinance 82-10, being AN ORDINANCE OF Ordinance 82-10 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Failed to Carry CHANGING THE ZONING OF A PORTION OF LOT 4, BLOCK F, BERRY TRACT; AND PORTIONS CF LOTS 9, 10, AND 11 OF TRACT 3897 FRQ14 R3 TO R4. The motion failed to carry by the fol- lowing roll call wte: AYES: COUNCIL MEMBERS: Hall, Amburgey NOES: COUNCIL MEMBERS: Wheeler, Hornbuckle, Buffa ABSENT: COUNCIL MEMBERS: Nene Round -Up Rule in The Clerk presented fran the meeting of July 20, 1987, R2, R3, and R4 Ordinance 87-14, amending the section of the Costa Mesa Zones Municipal Code regarding -rounding -up density calcula- tions in R2, R3, and R4 zones. The Director of Development Services presented back- ground information and stated Ordinance 87-7 does not include a provision for referral to the City Council. Staff is recanmending Ordinance 87-7 be referred to the Planning Caamission for cannent prior to the Council taking action along with reinstating the provision for referral to the City Council on the Consent Calendar. In addition, staff recanmends that the Council not give second reading to Ordinance 87-14 which, if adopted, would repeal all roundup provisions in the Code at this time. Jan Luymes, 592 Park Drive, Costa Mesa, spoke in opposi- tion cf the round up rule, Conditional Use Permits, and her concern about proper noticing to the public. Mark Korando, 582 Park Drive, Costa Mesa, spoke about the Zoning Administrator process and Minor Conditional Use Permit as being cumbersome and does not address the issue of noticing the public. Council Member Wheeler spoke in favor of repealing the round -up rule. MOTION A motion was made by Council Member Hornbuckle, seconded Adoption of by Council Member Wheeler, to adopt Ordinance 87-14, Ordinance 87-14 being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Failed to Carry COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13-136(A)(2), 13-148(A)(2), AND 13-174(A)(2) OF THE COSTA MESA MUNICI- PAL CODE REGARDING ROUNDING -UP RESIDENTIAL DENSITY CALCULATIONS IN R2, R3, AND R4 ZONES. The motion failed to carry by the following roll call vote: AYES: COUNCIL MEMBERS: Wheeler, Hornbuckle NOES: COUNCIL MEMBERS: Hall, Amburgey, Buffa ABSENT: COUNCIL MEMBERS: Nbne MOTION On motion by Council Member Buffa, seconded by Mayor Ordinance 87-7 Hall, Ordinance 87-14 vas held in abeyance, and Ordi- (Amended) Referred nance 87-7, being AN ORDINANCE CF THE CITY COUNCIL OF to Planning THE CITY CF COSTA MESA, CALIFORNIA, AMENDING SECTIONS Commission 13-136(A)(2), 13-148(A)(,2) AND 13-174(A)(2) OF THE CDSTA MESA MUNICIPAL CODE REGARDING RESIDENTIAL DENSITY CALCU- LATIONS IN THE R2, R3 AND R4 ZONES was referred to the Planning Commission with the addition that approval of a Minor Conditional Use Permit from the Zoning Adminis- trator shall not became final until such action is placed on the Consent Calendar of the City Council's agenda and is acted on by the City Council. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler, Hornbuckle ABSENT: COUNCIL MEMBERS: None Marina Committee The Clerk presented from the meting of July 20, 1987, establishment of a Marina Committee. The Director of Development Services summarized staff's status report of July 23, 1987,'concerning the future determination of the Santa Ana River lowlands arra made a visual presentation of the area. Mayor Hall asked that a Marina Committee be established to investigate the feasibility of a marina in this area and to gather information from the community as to the desirability of a marina. The City Manager responded to questions posed by Council Member Wheeler regarding studies and reports required along with funding for a project such as this. Tan Testa, 1218 La Serana, (no city given), spoke about his research on the proposed project and his desire to become a member of a Marina Committee should it be established. James White, 394 Broadway, Costa Mesa, past Commodore for South Share Sailing Club, presently South Shore Yacht Club, spoke in favor of a Marina Project but does not feel it is possible because of all the agencies involved. Harry Pabst, Sea Cove Lane, Costa Mesa, spoke in favor of a marina and referred to a petition which was circu- lated throughout Costa Mesa arra which indicated the citizens are in favor of the City taking action regard- ing a marina. Roy Pizarek, 1923 V�hittier Street, Costa Mesa, spoke in favor of establishing a Marina Committee with adequate representation from homeowners as well as business leaders, and knowledgeable people who have been working on this project. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested the marina project be put to a city-wide vote. Dan Muslin, Arany Corps of Engineers, Los Angeles, pre- sented a history of mhat has transpired thus far and replied to questions from Council regarding studies and cost sharing. Phil Marx, 854 Darrell Street, Costa Mesa, spoke in favor of a marina. Council Member Hornbuckle reccnmended obtaining the positions of the County of Change and City of Newport Beach regarding this matter before pursuing it, and she does not feel Costa Mesa should be the lead city. MOTION A motion was made by Mayor Hall, seconded by Vice Mayor Marina Committee Amburgey, to establish a Marina Committee to examine Established the feasibility of a Marina with recommendation to be brought back to Council by the errs of 1987. s �^ Council Member Wheeler said he will be voting against establishing a Marina Committee arra does not want any more money spent on a project that he feels is not going to happen. Vice Mayor Amburgey said matters which would be investi- gated by a Marina Committee,connected with a proposed marina project, would be beneficial to the City of Costa Mesa as a whole. The motion carried 3-2, Council Members Wheeler and Hornbuckle voting no. Council Member Hornbuckle asked how a Marina Committee would be established and Mayor Hall replied it would be taken care of at a later date. Miss California The Clerk presented from the meeting of July 20, 1987, Beauty Pageant a request from Linda Suzette Santo, 202-D North Newhope Linda Santo Street, Santa Ana, for funding of entrance fee in the amount of $1,000.00 for participation in Miss California Beauty Pageant. Vice Mayor Niburgey presented background information and indicated Miss Santo is interested in promoting the City of Costa Mesa arra is available to represent the City at functions. He was pleased to report that $925.00 has been raised through the business canmunity toward the entrance fee, and he and Mayor Hall will donate the other $75.00 necessary. Vice Mayor Amburgey stated he has volunteered to chair an Ad Hoc Committee to develop standards for selecting the Miss Costa Mesa Contestant should the Lions Club be given the continued responsibility for selecting that person. Linda Suzette Santo, 202-D North Newhope Street, Santa Ana, said how very proud she was to represent the City of Costa Mesa this year and presented ideas for a different type of pageant next year. Moira White, 247 Knox Street, Costa Mesa, was of the opinion that one of the primary criteria for the repre- sentative for Costa Mesa should be residency in Costa Mesa. As a result of a recent newspaper article Council Member Hornbuckle clarified her only objection was to the City paying the entry fee for the Miss California Beauty Pageant, and she appreciates the fact that Miss Santo has taken the initiative to develcpe new criteria. Sid Soffer, 900 Arbor Street, Costa Mesa, presented suggestions for Miss Costa Mesa to represent the city. RECESS The Vice Mayor declared recess at 11:00 p.m., and the meeting reconvened at.11:15 p.m. Interstate 405 The Clerk presented Interstate 405 Access Study, removed Access Study from the Consent Calendar earlier this evening: Staff Recommendations 1. Direct staff to include the canponents of "A" and "B" in further studies, including the Park Center Drive orvercrossing and the Gisler/Susan connec- tion. 2. Direct staff to develop other highway improve- ments or reduce planned land use if the Gisler/ Susan and Park Center Drive cc mponents are eliminated. 3. Direct staff to plan agressively for an arterial grade separation at Bristol Street arra Anton Boulevard if Park Center Drive extension is eliminated. 4. Eliminate the Bear Street full interchange, alter- native "C" from further consideration. 5. Direct staff to represent these positions as City policy to the State of California, Department of Transportation, (CALTRANS), and to the public. Study Advisory Committee Recommendations 1. Include the canponents of alteratives "A", "B", and "C" in further studies. Jerry Wood, Vice President, IWA Engineers, 10221 Slater Avenue, Suite, 219, Fountain Valley, consultants on the project, presented background information leading to staff's recommendations and said the next step is to present these positions as City policy to CALTRANS as indicated in staff's Recomi endation 1\b. 5, after which, if concurrence is obtained frau CALTRANS, an Environ trental Impact Report would be prepared. Mayor Hall canplimented INA Engineers on their in depth technical analysis and study as being one of the finest he has ever seen compiled for any project. Stephen Coldberger, 3036 Java Road, Costa Mesa, was disappointed that information was not available for the public and asked if additional lanes are proposed through Costa Mesa on the I-405 Freeway. Jerry Wood replied additions of one or two lanes are proposed, varying between various intersections. In addition, Mr. Wood cammented that public meetings have been held on this subject and that a full environmental process is planned if CALTRAIB and the Federal Highway Administra- tion approve the concept. Vice Mayor Anburgey stated Council is very interested in obtaining public input and if it is the desire of the citizens to hold another town hall meeting on the proposed project, Council would be pleased to do so. The Public Services Director indicated staff is request- ing equesting guidance from Council for the alternatives presented and not requesting adoption cf the report. Jan Luymes, 592 Park Drive, Costa Mesa, spoke about the effects of the I-405 Access Study on the entire conmun- ity. Jerry Wood said analyses cf the area, to insure network functioning, have been accomplished and the Arterial Highway Study now being undertaken is analyzing all components in greater in depth detail. The Director of Public Services explained the various processes, studies, and time frames for this proposed project. In response to questions posed by Scott Williams, 3465 Santa Clara Circle, Costa Mesa, Jerry Wood indicated meetings with CALTRANS have transpired since the begin- ning of the study along with project reviews as it 1 1 developed. He indicated CALTRANS has asked for this proposed Project Study Report so that they can offici- ally review and act upon it. Adrian LaGrave, 1867 Boa Vista Circle, Costa Mesa, spoke about problems with surface street traffic, in particu- lar Harbor Boulevard. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about additional traffic and asked if the study indicates what amount of traffic on I-405 is created by Costa Mesa itself,'and %hat amount is created by South Coast Plaza. Jerry Wood responded the study indicates 10-12 percent of traffic on the I-405 is generated from Costa Mesa, increasing to 20 percent projecting area build out. He did not have the figures for South Coast Plaza traffic generation which is indicated in a Traffic Study. The percentage of traffic passing through Costa Mesa on Bristol Street during peak hours indicates 25-33 percent non Costa Mesa generated traffic. Council Member Hornbuckle asked what would happen to freeway traffic if nothing else was built in Costa Mesa. Mr. Wood replied traffic would get worse, additional developmnt in Costa Mesa would add approximately 10 percent of the traffic to the freeway in Costa Mesa but additional growth in surrounding areas will add addi- tional traf f is . Council Member Wheeler spoke about Costa Mesa generated traffic increasing other cities traffic and that all cities traffic generations are interrelated. He indica- ted developrrent can be assessed now to have improvements made to obtain reasonable service levels for what is already developed and indicated, in his opinion, a concerted effort at the County's and cities' levels will need to be taken to gain relief. Richard Herman, 365 Costa Mesa Street, Costa Mesa, asked that no Imre houses be built to keep traffic from get- ting much worse. A notion was made by Council Member Buffa, seconded by Council Member Hornbuckle, to direct staff to develop other highway improvements or reduced planned land use with the following assumptions: Delete Gisler/Susan connection from the scenario, and prepare with and without scenarios for Park Center Drive. Council Member Wheeler indicated he would not vote for a recommendation for a Park Center Drive overcrossing going to CALTRANS. Council Member Buffa asked if the Bristol Street/Anton Boulevard separation functionally accomplishes what the Park Center Drive cvercressing would, and the Director of Public Services replied, yes. On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 4-1, Vice Mayor Amburgey voting no, staff was directed to include the components of Alternative "B" in further studies with the elimina- tion of the Gisler/Susan connection and to plan for an arterial grade separation at Bristol Street and Anton Boulevard. Vice Mayor Amburgey opposed the motion because Park Center Drive was not included. :.6 MOTION A motion was made by Council Member Buffa, seconded by Alternative "C" Council Member Hornbuckle, to eliminate the Bear Street Eliminated and full interchange, Alternative "C", from further consid- Staff Directed to eration and direct staff to represent these positions to Present Positions CALTRANS arra to the public. The motion carried 5-0. VARRANTS On motion by Council Member Buffa, seconded by Council Member Wheeler, Warrant Resolution 1365, including Pay - MOTION roll 8715, and Warrant Resolution 1366, were approved by Warrants 1365 the following roll call vote: and 1366 Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MPMBFRS : None ABSENT: COUNCIL MEMBERS: None Length of Council Council Member Hornbuckle noted the City's policy stat - Meetings ing Council meetings end at 11:00 p.m., and indicated it is now 1:00 a.m. After Council discussion it was decided to postpone a decision until after recess. RECESS The Vice Mayor declared recess at 1:00 a.m., and the meeting reconvened at 1:15 a.m. Council Member Wheeler recommended the audience be polled for continuance of the meeting to another time. Vice Mayor Amburgey stated an item of concern is the City Manager's Report on the Gann Appropriation Limit and should it be Council's decision to place an initia- tive on the November, 1987, ballot, the necessary mater- ial must be developed and submitted to the County by August 7, 1987. After the audience was polled, it was decided to continue with the meting because most of the audience wanted to stay. CITY ATTORNEY The City Attorney withdrew his request for a closed REPORTS session. CITY MANAGER The City Manager presented a report on the Gann Appro- REPORTS priation Limitation including background, analysis, conclusions and recommendations as outlined in staff's Gann Appropriation memorandum of July 31, 1987, and requested further Limitation direction from Council. Council Member Buffa asked if a large increase frau property tax revenues can be expected next year. The City Manager indicated an increse commensurate with vat has been experienced should continue, recognizing that with the current spending limit in place the City's Budget would basically remain static, and the excess level would continue to grow at the rate it has. Vice Mayor Amburgey expressed his opinion that it is an opportune time to go cut to the community to see if they want to improve their streets and highways. Council Member Wheeler requested the public be allowed to choose and would like to seer ore than one measure placed on the ballot allowing the public to vote for a property tax decrease. Jan Luymes, 592 Park Drive, Costa Mesa, recommended the excess noney be spent for improvements where money is not now available, such as for new sidewalks and trees. Sandra Ganis, 1586 Myrtlewood Street, Costa Mesa, spoke about using funds beyond the limits of the Gann Initia- tive for the construction of walls to mitigate noise effects on local neighborhoods as a result of excess traffic arra requested that this item be included as one of the items along with street improvements. Sid Soffer, 900 Arbor Street, Costa Mesa, posed alter- native uses for the excess funds. A motion was made by Council Member Hornbuckle, seconded by Council Member Wheeler, to approve Recommendation Nos. 1, 2, and 3, as outlined in staff's memorandum of July 31, 1987. Council Member Buffa stated opposition to the motion citing the major share of money would go to the larger property owners and, in his opinion, if the people of the caninunity were given a choice they would elect to have new streets and sidewalks installed where needed versus a refund. Council Member Hornbuckle disagreed. Mayor Hall stated that he will be voting against the motion and would favor a November, 1987, ballot measure two years' retroactive to find out what the people want, and direct staff to develcp the ballot measure. Council Member Hornbuckle indicated a hastily put - together ballot measure would probably be worse than no ballot measure at all. Council Member Buffa indicated over one-half of the city is composed of people renting who would not benefit from a tax refund. Council Member Wheeler, speaking as a person who rents in the City of Costa Mesa disagreed. Council Member Wheeler spoke about costs of major devel- opment falling upon the residents of the city who have had to put up with increased traffic, noise, pollution and densities and that the benefit of these developments is the increased excess of funds. In his opinion, it makes sense to return the benefits to the people bearing the ccsts. The motion failed to carry 3-2, Council Members Hall, Amburgey, and Buffa voting no. MOTION Council Member Buffa made a motion, seconded by Mayor Staff to Prepare Hall., to direct staff to prepare a resolution for the Report November, 1987, election as decided upon by staff requesting voter approval to authorize the City to expend excess funds to include percentages arra alloca- tions deemed necessary by staff. The motion carried 3-2, Council Members Wheeler and Hornbuckle voting no. Adjourned Meeting An adjourned meeting of the City Council was scheduled Scheduled for Thursday, August 6, 1987, at 6:30 p.m., in the fifth floor Conference Room, to discuss the resolution for the November, 1987, ballot measure. PUBLIC HEARING The Clerk announced this was the time and place set for GP -87-2B and the public hearing to consider General Plan Amendment R-87-09 GP -87-2B; to change the land use designation frau Medium Chapman/Oliger Density Residential to High Density Residential, and Rezone Petition R-87-09, to rezone from R2 to R4, Robert G. Chapman, authorized agent for Aubrey L. Oliger, for property south of Victoria Street, between Doctors Cir- cle and Thurin Street. The Affidavit of Publication is on file in the Clerk's office. Db canmunications were received. The Development Services Director presented background data, a visual presentation, and staff recanmendations. Robert Chapman, 2037 South Capella Court, Costa Mesa, responded to a question posed by Mayor Hall and stated he is now requesting a zoning change from R2 to R3 instead of R4. He further indicated the objections made at the Planning Commission meeting were on increased traffic and noise and stated they are now reducing the trip ends by approximately 300 per day. Mayor Hall asked if Council can vote on a rezone from R2 to R3 even though the application before Council is for a rezone from R2 to R4 and the City Attorney replied that it would be appropriate. Jan Luymes, 592 Park Drive, Costa Mesa, spoke in opposi- tion to the proposal. There beim no other speakers, the Vice Mayor closed the public hearing. Council Members Wheeler and Hornbuckle indicated opposi- tion to rezoning small parcels of land surrounded by R1 and R2 residential. A motion was made by Council Member Wheeler, seconded by Council Member Hornbuckle, to deny General Plan Amend- ment GP -87-2B and Rezone Petition R-87-09, based on the findings and analysis of staff. The motion failed to carry 3-2, Council Members Hall, Amburgey, and Buffa voting no. MOTION On motion by Mayor Hall, seconded by Council Member Resolution 87-83 Buffa, Resolution 87-83, being A RESOLUTION OF THE CITY Adopted COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -87-2B, AMENDING THE GENERAL PLAN CF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBSRS : Wheeler, Hornbuckle ABSENT: COUNCIL MEMBERS: None MOTION On motion by Mayor Hall, seconded by Council Member Ordinance 87-16 Buffa, the Negative Declaration of Environmental Impact Given First was adopted; and Ordinance 87-16, being AN ORDINANCE OF Reading THE CITY COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF 2111 DOC'TCtS CIRCLE AND 2110, 2120, AND 2124 THURIN STREET, FROM R2 TO R3, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler, Hornbuckle ABSENT: COUNCIL MEMBERS: None Council Member Hornbuckle stated she would rather have the property stay R2 with a density bonus requiring more affordable units. PUBLIC HEARING The Clerk announced that this was the time and place set Accessory Apartment for the public hearing to consider a proposed ordinance Structures amending the Municipal Code to bring accessory apartment structures into conformance. The Affidavit of Publica- tion is on file in the Clerk's office. No commun ica- t ions were rece ived . The Development Services Director presented analyses and recommendations as outlined in staff's memrandum of July 23, 1987. There being no speakers, the Vice Mayor closed the public hearing. MOTION On motion by Mayor Hall, seconded by Council Member Ordinance 87-17 Uieeler, Ordinance 87-17, being AN ORDINANCE OF THE CITY Given First COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING Reading ARTICLE 7, TITLE 13, OF THE COSTA MESA MUNICIPAL CODE TO REVISE ACCESSORY APAR HENT RE;UTATIONS, was given first reading and passed to second reading by the following roll cal l wte : AYES: COUNCIL MEMBERS: Hall, Amburgey, Vheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Appeal of for the public hearing to consider an application filed PA -86-167A by Mildred Kniss, 327 West Wilson Street, Space 31, Greener/Dougher Costa Mesa, appealing the Planning Commission's approval of Planning Action PA -86-167A, Glen Greener, authorized Appealed by Kniss agent for Brian Dougher, 197 Emerald Bay, Laguna Beach, for an amendment to a previously approved Conditional Use Permit to expand an existing mobile home park from 100 to 113 spaces, located at 327 West Wilson Street in R3 and R4 zones. The Affidavit of Mailing is on file in the Clerk's office. No written communications were received. The Director of Development Services gave background information, made a visual presentation, and summarized staff's memorandum of July 27, 1987. Glen Greener, representing Brian Dougher, owner of property at 327 TrJest Wilson Street, Costa Mesa, replied to questions posed by Council. Mildred Kniss, 327 West Wilson Mesa, stated double -wide mobile spaces where travel trailers we insufficient parking. She said people in the audience who want subject but because of the late have left. Street, Space 31, Costa homes are being put on re located creating there were elderly ed to speak on this hour, 3:00 a.m., they Vice Mayor Amburgey asked Mr. Greener if he was agree- able to all conditions as outlined by staff, and his reply was not all of them, and stated when they origin- ally proposed adding new spaces they were asking to utilize an existing section of the park which was unused and were told they would need a Conditonal Use Permit, and felt some of the conditions presented in the Condi- tional Use Permit were beyond the City's scope with regard to mobile home parks. He expressed his opinion that the appeal is unwarranted and presented suggestions and alternatives to the Conditions of Approval. Sid Soffer, 900 Arbor Street, Costa Mesa, asked what criteria was used for parking space requirements and the Director of Development Services explained the process. Mr. Soffer expressed his opinion that several of the conditions imposed by staff were not under the City's jurisdiction. After discussion, the City Attorney spoke about the City's regulative authority regarding mobile home parks and the City's authority regarding Conditional Use Permits arra Code provisions. Mildred Kniss recammended setting up guidelines speci- f ically for mobile home parks. There being no other speakers, the Vice Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by PA -86-167A Mayor Hall, approving Planning Action PA -86-167A with Approved the following modifications to the Conditions of Approval: Condition 1 - One parking space per home will be required and eleven parking spaces shall be provided as guest/visitor spaces, without additional charge, at all times. Condition 2 - Delete. Condition 5 - Approval of the subdivision of existing spaces 31A and 88A shall not be effec- tive until existing coaches are moved from those spaces. Condition 10 - Delete. Condition 11 - Delete. All other Conditions of Approval are to remain the same. Council Member Wheeler stated his opposition to the mod- ifications which, in his opinion, would have adverse impacts on the surrounding residential neighborhood and referred to petitions received previously regarding parking problems. The motion carried 4-1, Council Member Wheeler voting no. RECESS The Vice Mayor declared recess at 3:30 a.m., and the meting reconvened at 3:40 a.m. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of set for the public hearing to consider an appeal of the PA -87-113 Planning Commission's denial of Planning Action Chamberlain PA -87-113 frau Ronald and Gretchen Chamberlain, 412 Princeton Drive, Costa Mesa, for a variance from front setback requirements to allow a six-foot high block wall around a front yard swimming pool, located at the same address, in an R1 zone. The Affidavit of Mailing is on file in the Clerk's office. No communications were received. The Director of Development Services reviewed staff's report of July 24, 1987, and presented Code require- ments. Variance differences between solid block walls and wrought iron fences were discussed. It was noted that since the Planning Commission's denial, the applicant has submitted alternative plans for a wrought iron fence with a setback of five feet. Ron Chamberlain, 412 Princeton Drive, Costa Mesa, indicated the modified wrought iron fence plans were submitted pending the cutcone of this appeal and stated preference for a solid opaque wall. He presented a petition signed by 26 residents in the area not opposed to the variance request. Jan Luynes, 592 Park Drive, Costa Mesa, spoke in favor of a solid block wall for safety reasons. 1 '16 There being no other speakers, the Vice Mayor closed the public hearing. MOTION A motion was made by Mayor Hall, seconded by Vice Mayor PA -87-113 Amburgey, to approve Planning Action PA -87-113, subject Approved to all conditions. Mayor Hall stated his motion is based on findings that necessary arra appropriate site distances are available at the wall at this location, it decreases the possibi- lity of being an attractive nuisance to neighborhood children, the small size of the back yard relative too the pool, and the proximity of two-story apartments to the back yard eliminating the possibility of privacy. Council Member Wheeler stated opposition to granting a variance and said, in his opinion, there is nothing out of the ordinary in this situation and the applicant should amply with the laws as stated and suggested several alternatives which the applicant could apply to comply with current laws. Council Member Hornbuckle asked if special circumstances are required applicable to a property before granting a variance and the City Attorney replied that they are. Council Member Hornbuckle stated her opposition to granting a variance in this situation since, in her opinion, special circumstances were not presented which is a requirement for granting variances. Council Member Buf fa said he is in favor of granting this variance since the majority of neighbors are sup- porting it and it does not appear it will present prob- lems. He stated he would be against the option of a wrought iron fence for safety reasons. The motion carried 3-2, Council Members Wheeler and Hornbuckle voting no. PUBLIC HEARING The Clerk announced that this was the time and place set Weed Abatement for the public hearing for the Weed Abatement Program. Program The Affidavit of Posting the Report from the Assistant Director of Finance is on file in the Clerk's off ice . No communications were received. The City Manager recommended approval of the report for weeds removed and billings to be placed on the Property Tax.Bill. There beim no speakers, the Vice Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Resolution 87-84 Mayor Hall, Resolution 87-84, being A RESOLUTION OF THE Adopted CITY COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT OF THE FIRE CHIEF OR HIS DESIGNEE, SHOWING THE COST CE REMOVING THE RUBBISH AND WEEES AND REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE PARCEL CF LAND IN THE CITY CP 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 PUBLIC HEARING The Clerk announced this is the time and place set for GP -87-4 the public hearing for General Plan Amendment GP -87-4, Resolution initiated by the.City of Costa Mesa, to clarify the Clarifying City's General Plan concerning maximum development General Plan intensity levels for four properties generally located north of the I-405 Freeway. These properties are speci- fically known as "Home Ranch", owned by C. J. Segerstrom and Sons, bordered by Harbor Boulevard, Sunflower Avenue, Fairview Road, and the I-405; "Metro Pointe", owned by Arnel Development Company, bordered by Bear Street and the I-405; "Metro Center", owned by Transpacific Develop- ment Company, bordered by Anton Boulevard and the I-405; and Sakioka Farms, unnamed property, bordered by Sakioka Drive, Sunflower Avenue, Main Street, and the SR 55 Freeway. In addition to these development intensities, related amendments to the General Plan text are pro- posed. The Affidavit of Mailing is on file in the Clerk's office. No caumun ications were received. The City Attorney indicated this item is being presented to Council by the Development Services Department and City Attorney's office as a direct result of the lawsuit challenging the approval by Council of the One South Coast Place project. He indicated that in his judgment, by adopting the General Plan Amendment clarifying cer- tain provisions in the General Plan would improve the legal position of the City in defending their action. He indicated one of the main contentions made by the plaintiffs of the lawsuit is regarding the adequacy of the land use elements of the City's General Plan; they are claiming an absence of Building Intensity Standards. The City Attorney presented the various elements of the lawsuit filed and recommended required public input on this public hearing and adoption of the resolution. He further recanmended, if Council has legal questions, adjournment to a closed session. The Director of Development Services reported on the results of the public hearing at the meeting of the Planning Commission held earlier this evening. Staff indicated approximately 16 individuals spoke regarding this item expressing a wide variety of issues, com- plaints, and concerns. The Planning Commission by a vote of 5-0, recommended Council's approval of General Plan Amendment GP -87-4 and written notification of this action has been presented to Council. Council Member Hornbuckle asked if the resolution is legal in the opinion of the City Attorney vho replied that it was. Council Member Wheeler asked if a clarification of a General Plan Amendment has ever been accomplished before to which the City Attorney replied that to his knowledge it was not. In reply to a question posed by Council Member Buffa, the City Attorney stated the square footages given in the attached exhibits to the proposed resolution are the same as those presented in a report to the Council dated January 9, 1987, frau the Development Coordinating Team consisting of staff frau various City Departments. Council Member Wheeler asked what the intensities were based on. The City Attorney replied when they were originally part of several General Plan Amendments, each amendment was supported by an Environmental Impact Report in each case. Council Member Wheeler indicated Council did not tonight receive EIR's for these amend- ments. Sue Graham, 1106 Redding Avenue, Costa Mesa, was of the opinion that there has been a conscious effort on the part of the City to keep knowledge of this action from the general public and in conformance with State law, including the.Brown Act and that taking action on this item would be illegal. Adrian LaGrave, 1867 Boa Vista Circle, Costa Mesa, spoke in opposition of the amendments and, in his opinion, cited improper notification and insufficient documenta- tion. Bob Bradly, 2030 Goldeneye Place, Costa Mesa, spoke about the square footages for Home.Ranrh and legalities regarding the resolution. Stephen Goldberger, 3036 Java Road, Costa Mesa, stated, in his opinion, Council has no interest in public concerns nor mandates, and objected to the late starting time for the hearing and lack of proper noticing to the public. He spoke about the General Plan Amendment calling for reinstitution of 3.1 million square feet of development on the Hame Ranch Project which was rejected by the public and that the proposed density will bring gridlock to North Costa Mesa. He said the public will suffer and spoke,about a proposed initiative to be placed on the ballot regarding densities which will only be allowable when supported by public roadways. Diane Goldberger, 3036 Java Road, Costa Mesa, asked to be placed on record as stating on March 17, 1986, the City Council did indeed lift the building intensities from the General Plan for the Home Ranch Area and in order for these building intensities there must be ccmplete and proper hearings and environmental docu- mentation to adopt a General Plan Amendment and, in her opinion, there has been a violation of the Brown Act. Linda Williams, 3465 Santa Clara Circle, Costa Mesa, played a tape cf an excerpt from the City Council meet- ing of Mardi 17, 1986, vhen the Envirormental Impact Report for the Home Ranch Project was considered and stated it was not certified but Option No. 4 was passed regarding this Ganeral Plan Amendment. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, cited examples why, in her opinion, this is clearly a General Plan Amendment, not just a clarification. Jan Luymes, 592 Park Drive, Costa Mesa, indicated this item deserves more time and discussion and expressed concern about improper noticing. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, asked if notification was sent to the opposition in the lawsuit and the City Attorney replied some of the documents have been provided. Mr. Williams expressed opposition to adopting a resolution, and said there was improper noticing for this hearing and lack of analyses on several items. The City Attorney stated that the Orange County Reporter was used for noticing this item because when the deci- sion was made to present the amendment it was too late for the Daily Pilot to publish the notice on July 24, 1987, and this was the only newspaper that could. Council Member Buffa said there appears to be confusion about intensity levels in the proposed resolution and asked the City Attorney if.there is any intent for these to be entitlements and the City Attorney replied there TAes not and indicated there is a statement on page 2 of the resolution regarding this. MOTION Resolution Adopted Sid Soffer, 900 Arbor Street, Costa Mesa, asked if lack of public noticing would nullify what was decided upon at a public hearing and the City Attorney responded normally that fact alone would not nullify a decision. There being no other speakers, the Vice Mayor closed the public hearing. On motion by Mayor Hall, seconded by Council Member 87-85 Buffa, Resolution 87-85, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA TO CLARIFY INTENSITY LEVELS, including documents, amendments with maps and pertinent data contained in the memorandum of July 31, 1987, from the Director of Development Services and City Attorney to the City Council, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Vieeler ABSENT: COUNCIL MEMBERS: None Council Member V�heeler stated opposition to this resolu- tion because of lack of supporting information. NEW BUSINESS A motion was made by Mayor Hall, seconded by Council Member Buffa, Planning Action PA -87-118, Audrey McCool, PA -87-118 authorized agent for Dan and Alice Jackson Lamb, to McCool/Lamb allow furniture restoration as a permitted use in the Transitional Area, located at 854 through 1014 West 19th MOTION Street, (even numbers only), and 1903 Federal Avenue, in Held Over to an R1 zone, was continued to the meting of August 17, August 17, 1987 1987, as requested by the applicant. The motion carried 5-0. Day Workers Council Member Hornbuckle presented progress and reccm- Task Force mendations of the Day Workers Task Force Subcommittee as Progress and outlined in a memorandum to Council dated July 30, 1987, Recommendations and recognized Vicki Plevin for her diligent work on this project. Council Member Buffa complimented the subcommittee for their excellent work and recommendations. Jan Luymes, 592 Park Drive, utilizing City property as feel it is a good situation utilize Lions Park. Costa Mesa, disagreed with "hiring hall" and does not for citizens wishing to Sid Soffer, 900 Arbor Street, Costa Mesa, spoke as a member of the Task Force regarding use of the park. MOTION A motion was made by Council Member Hornbuckle, seconded Modified by Mayor Hall, to approve the reccmmndations as out - Recommendations lined in the memorandum from the Day Workers Task Force Approved Subcommittee dated July 30, 1987, as follows: That the City sponsor an Intercultural Arts Festival; that a Costa Mesa Human Relations Committee be appointed; that the City co-sponsor a "Home Visitation Week"; that the City send a letter to the Orange County Human Relations Commission commending Vicki Plevin for her outstanding support and assistance; and, the additional recommenda- tion that the City accept insurance liability for the event. The motion carried 5-0. GP-87-5A/King On motion by Mayor Hall, seconded by Council Member Buffa, and carried 5-0, General Plan Amendment GP -87-5A, MOTION J. A. King and Associates, Incorporated, Post Office Held Over to Box 7992, Newport Beach, to change the land use designa- Septenber 8, 1987 tion from Light Industry to High Density Residential, i. L for 4.7 acres at 1850 Whittier Avenue, was continued to the meeting of September 8, 1987, as requested by the applicant. COUNCILMANIC Council Member Buffa spoke about the recent explosion of COMMENTS the Southern California Edison vault at Harbor Boulevard and Fair Drive and requested investigation for possible Edison Vault relocation of the bus stop. Property Council Member Hornbuckle requested the property mainte- Maintenance nance ordinance be discussed at a future study session. Motorcycle Training Council Member Hornbuckle suggested a letter from the Programs Mayor congratulating motorcycle officers who did well in the Motorcycle Training Programs offered by the Orange County Traffic Officers Association. Initiative Council Member Hornbuckle suggested inviting someone to speak at a future study session on the initiative being circulated in Orange County to present an overview as to vhat the initiative means and how it will affect Costa Mesa. Council Advisory Mayor Hall recommended appointing the chairman of the Committee Member Hotel/Motel Operators Subcommittee to the Chamber of Appointed Commerce, Bob Seddelmeyer, as a member to the Council Advisory Committee to provide Council with information pertinent to the operation of hotels arra motels in Costa Mesa. There was no Council opposition expressed to this appointment. ADJOURNMENT At 5:20 a.m., the Vice Mayor adjourned the meeting to August 6, 1987, at 6:30 p.m. in t - fifth floor Confer- ence Rocm of City Hall. Mayor of the City of Costa Mesa ATTEST: i �I City Clerk of the City of Costa Me