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HomeMy WebLinkAbout12/21/1987 - City CouncilLULL CALL REGULAR DEETING CF THE CITY OOUNCIL CITY CF ODSTA DESA DECEMBER 21, 1987 The City Council of the City of Costa Mesa, California, ret in regular session December 21, 1987, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The neeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, arra Invocation by Ms. Ellen Austin, First Church of Christ Scientist. Council Members Present: Council Members Absent: Officials Present: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None City Manager, City Attorney, Develcpirent Services Director, Public Services Director, City Clerk MINUTES On motion by Council Member Wheeler, seconded by Council November 23 and Member .Hornbuckle, and carried 5-0, the minutes of the December 7, 1987 regular ireeting of December 7, 1987, and the minutes of the adjourned regular meeting of November 23, 1987, were approved. ORDIMNCES A motion was made by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, to read all ordinances by title only. ORAL John Feeney, 1154 Dorset Lane, Costa Mesa, indicated he COMMUNICATIONS has been a long-standing supporter of Concerned Citizens of Costa Mesa but that recent newspaper articles have Daning Pacific indicated this organization wishes to have the Pacific Amphitheater Amphitheater domed for year-round performances. He spoke about the various problems connected with perfor- mances at the amphitheater and then requested Council's support in asking the Concerned Citizens of Costa Mesa to abandon the idea of doming the amphitheater. Planning Jim Navai, Vice President, Oceanview Park Homeowner's Commissioners Association, 1857 Parkview Circle, Costa Mesa, requested Council conduct a study regarding the process for appointing Planning Commissioners. He expressed his opinion that one of the requirements for serving as a Planning Commissioner should be background education relative to planning functions. He also felt that, in some cases, the term of office is too long and recom- mended a two-year maximum teen be considered. . CDNSENT CALENIAR The following items were removed from the Consent Calendar: Iter 2(c), Application for Leave to Present Late Claim from Patricia M. Haas; Item 3(c), 1987-88 Street Maintenance; Iter 10(a), Budget Adjustment No. 88-55, install new tot lot equipment at Marina View Park; and, Item 13, Agreement with C. J. Segerstrom and Sons and the Orange County Flood Control District to cover a portion of Greenville/ Banning Channel. On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, the remaining Consent Calendar items were approved in one motion by the following roll call vote:' 318 AYES: COUNCIL MEMBERS: Hall, Amburgey, Vhieeler, Hornbuckle, Buffa NOES : COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLEER On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Doug Bryant; Attorney Robert S. Kaplan for Carmichael Flowers; Nancy Gomez for Glass Blocks Unlimited; Milo K. Leonard; Joaquin Sahagun; Conley L. Smith; and Carl 0. Wzitson. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses G & M Oil Company, Incorporated, doing business as Texaco Mini -Market, 2995 Bristol Street; arra Cucina, Incorporated, doing business as Pinafina, 580 Anton Boulevard, Suite 201. Public Notice from the Public Utilities Commission that an Utilities application for Certificate of Public Convenience Commission and Necessity has been filed by Butterfly Express, to provide passenger stage service between points in the counties of Orange, Los Angeles, San Bernardino, Santa Barbara, San Diego, and Rivers ide . Carpool Lane on Letter from Jeff LeBaron, 2717 Sandpiper Drive, Costa Newport Freeway Mesa, expressing his opposition to the carpool lane on the Newport Freeway. REJECTED CLAIMS On nation by Council Member Buffa, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from Scott Heger J. Heger, was rejected. Centile On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, and carried 5-0, the claim frau Attorney John Rapillo for Michael Centile, was rejected. Wright On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, and carried 5-0, the claim frau Attorney J. Russell Brown Jr. for George Elbert Wright, was rejected. Miles On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, and carried 5-0, the claim frau Attorney J. Russell Brown Jr. for Bryant Miles, was rejected. ADMINISTRATIVE Bids received for Bid Item No. 795, Aluminum Panels at ACTIONS Fire Station No. 3, are on file in the Clerk's office. On motion by Council Member Buffa, seconded by Vice Bid ItEm 795 Mayor Amburgey, the contract was awarded to Barr Door Aluminum Panels of South Orange County, 10015 Muirlands Boulevard, Unit A, Irvine, for $6,350.00. The motion carried by MOTION the following roll call. vote: Awarded to AYES: COUNCIL MEMBERS: Hall, Arrburgey, %feeler, Barr Door Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Installation of 19th Bids received for Installation of 19th Street Under - Street Underground ground Utilities, Maple Avenue to 100 Feet West of Utilities Anaheim Avenue, are on file in the Clerk's office. On rmtion by Council Member Buffa, seconded by Vice Mayor MOTION Amburgey, the contract was awarded to Moore Electrical Award to Moore Contracting, 2841-E Saturn Street, Brea, for $61,477.00. Electrical The nation carried by the following roll call vote: Contracting Sole Source Purchase of Electronic Mail Program MOTION Purchase Approved Sole Source Purchase of Radio Equipmant MOTION Purchase Approved AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Tpheeler, Hornbuckle, Buffa None None Staff requested approval of a contract for an Electronic Mail Program from sole source vendor, Applied Data Research, Incorporated,.Route 206 and Orchard Road, CN -8, Princeton, New Jersey, for $18,306.20. On motion by Council Member Buf fa, seconded by Vice Mayor Amburgey, the purchase was approved by the following roll call vote: AYES; COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Vhheeler, ibrnbuckle, Buffa None None Staff requested approval of a contract for two radios frau +sole source vendor Motorola, Incorporated, 2080 South Anaheim Boulevard, No. 204, Anaheim, for $7,021.97. On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, V�hheeler, NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hornbuckle, Buffa None None Purchase of Five Staff requested authorization to negotiate the purchase Used Vehicles of five used vehicles as outlined in staff's memorandum dated December 11, 1987. These are budgeted items for MOTION the Planning, Engineering, and Transportation Services Staff Authorized Divisions. On motion by Council Member Buffa, seconded to Negotiate by Vice Mayor Amburgey, ' staff was authorized to nego- Purchase tiate a contract. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, V heeler, Hornbuckle, Buffa NOES : OOUNCI L, MEMBERS: None ABSENT: COUNCIL MEMBERS: None Sole Source Staff requested emargancy purchase of supplies and Purchase of services in connection with the construction of storm Eoergancy Supplies drain system for Newport Boulevard, between 21st and and Services 22nd Streets. On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, the purchase was MOTION authorized frau Kennedy Pipeline Canpany, Post Office. Purchase Approved Box 16445, Irvine, for $14,500.00. The motion carried by the fbllowing roll -call wte: AYES.: COUNCIL MEMBERS: Hall, Amburgey, lhbeeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parcel Map Improvements for Parcel Map No. 5-84-378 at 3088 Bristol No. 5-84-378 Street by Red Lion Inn -Costa Mesa/California Pacific Red Lion Innj/ Prcperties, a California joint venture, have been cam - California Pacific pleted to staff's satisfaction. On motion by Council Member Buffa, seconded by Vice Mayor Amburgey, the MOTION improverrents vere accepted and bonds ordered exonerated Improvements by the following roll call vote: Accepted AYES: COUNCIL MEMBERS: Hall, Amburgey, V�beeler, Hornbuckle, Buffa NOES: OOUNCI L MEMBERS: None ABSENT : COUNCIL MEMBERS: None Principal Planner/ Staff recam ended approval of a resolution creating the Senior Planner position of Principal Planner and reducing the canpensa- Canpensation tion for Senior Planner. On motion by Council Member �� MOTION Buffa, seconded by Vice Mayor Amburgey, Resolution Resolution 87-113 87-1131 being A RESOLUTION OF THE CITY COUNCIL OF THE Adopted CITY CF COSTA MESA, CALIFORNIA, AMENDII. RESOLUTION NO. 87-100 AND ADOPTING AND ESTABLISHING RATES OF PAY FOR TWO CLASSIFICATIONS, was adopted by the fDllowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustront A motion was mads by Council Member Buffa, seconded by No. 88-56/Irriga- Vice Mayor Amburgey, to approve Budget Adjustment No. tion at the Golf 88-56 fair $17,190.00, for additional irrigation instal - and Country Club lations at the Costa Mesa Golf and Country Club. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, 100heeler, MOTION Ebrnbuckle, Buffa Adjustment NOES: COUNCIL MEMBERS: None Approved ABSENT: COUNCIL MEMBERS: None Notice cE Cempletion Removal of approximately 150 Trees and Removal and General Procurerrent Replacerrent of Damaged Curb, Gutter, and Sidewalks at Change Order No. 1 The Public Services Director recanrrended approval of Sully -Miller Change Order No. 1 for $30,139.57 to the contract with Sully -Miller Contracting Company, 6145 Santiago Canyon 1986-87 Street Road, Orange, for additional work required in connection Maintenance with 1986-87 Street Maintenance (reconstruction, hot rubberized chip seal, slurry and overlay) . On motion MOTION by Council Member Baffa; seconded by Vice Mayor Amburgey, Change Order the change order was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, 1dheeler, Hornbuckle, Buffa NOES COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Orders Various Locations, in connection with Bid Item No. 738, No. 4 and No. 5 has been ccmpleted to the satisfaction cf the Leisure Bid Item 738 Services Director by General Procurement and Construc- Remove Trees/Remove tion Canpany, Incorporated, 3100 Airway Avenue, Costa and Replace Damaged Mesa. On motion by Council Member Buffa, seconded by Curb, Gutter and Vice Mayor Amburgey, the work kas accepted; the Clerk Sidewalks at vas authorized to file a Notice of Canpletion; the Labor Various Locations and Material Bond was ordered exonerated 7 nonths there- after; and the Performance Bond was ordered exonerated MOTION 12 months thereafter. The motion carried by the fol - Work Accepted lowing roll call vote: Charge Orders AYES: COUNCIL MEMBERS: Hall, Amburgey, Vdheeler, Approved HDrnbuckle, Buffa Claim fran NOES: COUNCIL MEMBERS: None Haas ABSENT: COUNCIL MEMBERS: None Change Order No. 1 The Public Services Director recanrrended approval of Sully -Miller Change Order No. 1 for $30,139.57 to the contract with Sully -Miller Contracting Company, 6145 Santiago Canyon 1986-87 Street Road, Orange, for additional work required in connection Maintenance with 1986-87 Street Maintenance (reconstruction, hot rubberized chip seal, slurry and overlay) . On motion MOTION by Council Member Baffa; seconded by Vice Mayor Amburgey, Change Order the change order was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, 1dheeler, Hornbuckle, Buffa NOES COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Orders The Director of Public Services recamrrended approval of No. 4 and No. 5 Change Order No. 4 for $10,080.00 and Change Order No. Hekimian 5 for $7,960.00 tD the contract with Hekimian and Associates, Incorporated, 15142 Golden West Circle, Bid Item 745, Westminster, fbr additional work required in connection Rev. A, Remove and with Bid Item No. 745; Revision A, Remove and Replace Replace Underground Underground Storage Tanks. On motion by Council Member Storage Tanks Buffa, seconded by Vice Mayor Amburgey, the change orders vere approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, 'oheeler, MOTION Hornbuckle, Buffa Charge Orders NOES: COUNCIL MEMBERS: None Approved ABSENT: COUNCIL MEMBERS: None Claim fran Item 2(c) on the Consent Calendar was presented: Appli- Haas cation for Leave to Present Late Claim from Patricia M. Haas. 32i.. MOTION - On motion by Council Member Wheeler, seconded by Council Claim Rejected Member Hornbuckle, and carried 5-0, the Application for Leave to Present .a Late Claim from was accepted and the claim'rejected. 1987-88 Parkway Item 3(c) on the Consent Calendar was presented: 1987-88 Maintenance, Parkway Maintenance (tree removal and planting; curb and Various Streets gutter, and sidewalk removal and replacement and other improvements on various streets). Bids are on file in the Clerk's office. Sid Sof fer, 900 Arbor Street, Costa Mesa, said a. number cf street improvements' are on the Consent Calendar. He asked if any of these projects will be paid for by funds authorized by the passage of'Measure "C" on the November, 1987, ballot. 'Mayor Hall replied that they will not. MOTION On motion by Vice Mayor Amburgey, seconded by Council Awarded to Member Buffa, the contract was awarded to Damon Construc- Damen Construction tion.Company, 500 East Gardena Boulevard, Gamna, for Canpany $846,261.50. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, 'Vheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Done ABSENT: COUNCIL MEMBERS: None Budget.Adjustment Item 10(a) on the'Consent Calendar was presented: Budget No.:88-55/Tot Let Adjustment No. 88-55 for $8,000.00 to install new tot lot Equipnent at e_ quipirent at Marina View Park. Marina View Park Denise Curry, 1851 Parkglen Circle,.Costa Mesa, thanked the City Manager and Leisure Services Department staff for their time spent on this project arra said she hopes the new tot lot equipment will serve as an example for other parks. MOTION On motion made by Council Member Buffa, seconded by Adjustment Council Member Hornbuckle,.the budget adjustment was Approved approved -by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL . MEMBERS: None ABSENT: COUNCIL MEMBERS:- None Agreement Item 13 on the Consent Calendar was presented: Agree- Segerstram/Orange runt with C. J. Segerstran and Sons, 3315 Fairview Road, County Flood Ccsta Mesa, and the Orange County Flood Control District. Control District The agreement concerns the development and the widening of portions -of South Coast Drive and Harbor Boulevard; Cover Portion of the corstruction cf Greenville -Banning Channel (Facility Greenville -Banning D03) , and GislerStorm Channel, all as shown on Exhibit Channel "A" to the agreement. Council Member Wheeler stated apposition to approving the agreenent to cover a .portion cE the Banning, Channel on the project laiawn as One South Coast Place. He feels the Environmental Impact Report (EIR) should first be analyzed and then a decision made if the channel should be covered, rather than vice" versa; and, in his opinion, this :is'just a means of trying to push the project through. A rrot ion was made by Council Member Wheeler to defer execution of this agreement which concerns the -covering of the Banning Channel until such time as the EIR has analyzed the effects cf " that act ion . The motion died for lack of a second. 322 MOTION On motion by Council Member Buffa, seconded by Council Agreement Member Hornbuckle, the agreeirent was approved with the Approved with cbletion of the words "having received CITY approvals" Revision in the first paragraph of the first page of the agree- ment, and the Mayor and Clerk were authorized to sign on behalf cf the City. The motion carried by the fol- lowing roll call vote: AYES:- COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Tnhheeler ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented Ordinance 87-30 for second reading and adoption. The ordinance establishes regulations for Vesting Tentative vesting tentative maps and amends the Code regarding Maps/Map Duration tentative map duration. The City Manager referred to the analysis provided by staffwhich outlines the changes made when the ordinance was given first reading. The Development Services Director said the recommended changes were in compliance with the law and have been incorporated in the ordinance. A motion was mala by Council Member Buffa, seconded by Vice Mayor Amburgey, to give second reading and to adopt Ordinance 87-30. Council Member Wheeler opposed the motion citing Sec- tions 13-429 C.1. and 13-444 of the proposed ordinance concerning vested rights as having time periods which are bco long. He feels they should be kept at a shorter period of time, which the laws allow, for maximum con- trol over the property should conditions changa- and Council wishes to impose charges in the conditions. MOTION ordinance 87-30, being PN ORDINANCE OF THE CITY COUNCIL Ordinance 87-30 OF THE CITY CF COSTA MESA ESTABLISHING REGULATION FOR Adopted VESTING TENTATIVE MAPS AND AMENDING THE COSTA MESA MUNICIPAL CODE RMARDII3 TENTATIVE MAP DURATION, incor- porating the changes recommended by Arnel arra Segerstrom and the recanmendation of the City Attorney, Has given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ASSENT: COUNCIL MEMBERS: None WARRANTS On motion by Council Member Wheeler, seconded by Vice Mayor Amburgey, Warrant Resolution 1379, including Pay - MOTION roll 8725, Has approved by the following roll call vote: Warrant 1379 AYES: COUNCIL MEMBERS: Hall, Amburgey, Vheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY The City Attorney requested a closed session to discuss REPORTS the fallowing items as outlined in his confidential memorandums dated' December 17, 1987: Concerned Citizens Request for of Costa Mesa vs. Ned West; the lawsuit cf the Costa Closed Session Mesa Residents for Responsible Growth vs. Costa Mesa, et al. ; and Rhllard vs. City of Costa Mesa. Closed Session The Council agreed to hold a closed session at the end Authorized of regular business. 1 323 Council Member Wheeler stated that he has a conflict of interest and will.not be participating in the closed session regarding Concerned Citizens of Costa Mesa vs. Ned West. PUBLIC HEARING The Clerk announced that this was the time and place for Right -of -Way the public hearing io consider the an ordinance con- Dediction cerning right-of-way dedication. The Affidavit of Publication is on file in the Clerk's office and no canmunications have been received. The Develcpmant Services Director presented background information and. eutlined .staff's recanmandation as presented in their mermrandun dated December 10, 1987. Sane cf. the , changes . in this proposed ordinance are: It is based upon trips generated by a land use; it has a relief section allowing the City Council to wave the requi I renents of dedication; and, also allows for the, City to .require dedication if deemed necessary. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about dedication and various properties he felt were not given just compensation, as well as a number of changes he would recanmand to this proposed ordinance. Mayor Hall asked :Mr. Soffer to incorporate his recom- mended changes to, this ix,oposed ordinance on a marked -up copy cf it and to present it to the City Attorney for consideration. If appropriate, changes could be incor- porated before second reading of the ordinance.. There being no other public speakers, the Mayor closed the public hearing. Motion On motion by Council Member Hornbuckle, seconded by Ordinance 87-31 Council Member Uieeler, Ordinance 87-31, being AN ORDI- Given First MNCE CF THE CITY COUNCIL CF THE CITY CF COSTA MESA, Reading with CALIFOINIA, AMENDING THE REQUIREMENTS CONCERTING RIGHT - Amendment OF WAY DEDICATION WITHIN THE CITY OF COSTA MESA, was given first reading and passed to second reading with the following amendment on Page 3, f) : After the words, "and the Planning Commission" add, "or the City Council".... The motion carried by the following roll call vote: A)ES : COUNCIL MEMEERS : Hall, Amburgey, Hheeler, Hornbuckle, Buffa NOES : COUNCIL MEMEERS : . None AESENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the tirre and place set R-87-12 for the public hearing to -consider Rezone Petition Britton/Brown R-87-12, Kent G. Britton, 3516 Elm Avenue, No. 304, Long Beach, authorized agent for Mary A. Brown, 192 Wells Place, Costa Mesa, to rezone property at 192 Wells Place from 'CL to R2. Environmental Date rmination: Exempt. The Affidavit cf Publication is on file in the Clerk's office. No canmun icat ions have been received. The Development Services Director summarized staff's `memorandum -of , December -16, 1987, and the Staff Report. The Planning Canmi.ssion reccmmanded denial at its meeting cf November 23, 1987, and staff concurs with the recommendation as the proposed rezone would create an isolated residential parcel, and rezoning a larger area to R2 would be consistent with the General Plan and Redevelopment Plan, but would create several noncon- forming uses. 3a i,JL r ­J — Kent Britton, 3516 Elm Avenue, No. 304, Long Beach, said an additional room and bath were needed, and he addressed the reasons why he required the addition. Sid Soffer, 900 Arbor Street, Costa Mesa, said in case law, the addition -of a bedroan might not be interpreted as a expansion of a non -conforming use. There being no further public speakers, the Mayor closed the public hearing. Motion A motion was made by Council Member Buf fa, seconded by Withdrawn Vice Mayor Amburgey, to approve Rezone Petition R-87-12, and after discussion, Council decided not to consider this as a rezone and the motion and second were with- drawn. MOTION A rrotion was made by Council Member Hornbuckle, seconded Improvement by Vice Mayor Amburgey, to declare the addition of a Approved bedroan and a bathroom was not a substantial increase in land -use nonconformity. The notion carried 5-0. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of PA -87-187 application_ from Noll -Irvine Community Association, Blackburn/Doke 3198-J Airport loop Drive, Costa Mesa, appealing the Planning Cammission's approval of Planning Action PA -87-187, Edward T. Blackburn, 3198-E Airport Loop Drive, Costa Mesa, authorized agent for Dean A. Doke, 15801 Chemical Lane, Huntington Beach, for a Conditional Use LernfLt for auto rentals with outdoor storage in an MP zone. Environmental Detennination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. One letter has been received frau Richard E. Hatch, Hatch Brothers, Incorporated, 3198-D Airport Loop Drive, Costa Mesa, in opposition to approving the application. The Development Services Director presented background information as outlined in staff's merrorandum dated November 14, 1987, and attachments thereto. He said the nanagermnt company has appealed since their Condi- tions, Covenants and Restrictions (CC&R's) specifically prohibit the use of the parking lot for storage of materials and vehicles. Council Member Wheeler said the CC&R's are private agreenents between individuals involved in the develop- ment and can be enforced through a private Civil Court action, and that the issue before Council is whether or not this use is substantially compatible with surround- ing businesses. The Development Services Director responded to questions posed by Council Member Hornbuckle regarding permitted uses. Christine House, President, Koll-Irvine Community Asso- ciation, 3198-J Airport Loop Drive, Costa Mesa, referred to the request not to address the CC&R's. Mayor Hall said Council observes the City's standard zoning laws and conditions associated with projects, and if the private agreenents, known as CC&R's, are violated they are considered civil matters handled in court. Council Member Wheeler asked Ms. House if canplaints have -been received from anyone in the complex regarding parking of automobiles, and Ms. House replied two can - plaints hake been received. r 25 Council Member Hornbuckle asked if the business in question has been in operation since July, 1977,_and Ms. House,:and later Mr..Blackburn, replied that it has been. Edward Blackburn, -residing at 13666 Cypress Avenue, Chino, said he has complied with the Conditions of Approval and expressed willingness to work with the other tenants. Council Member Hornbuckle asked if Mr. Blackburn would be agreeable to, a review of :the use permit after a period of six months, and he replied that he would be. Council Member Wheeler asked .Mr. Blackburn if any of the tenants have complained to him personally, and he replied that they have not. Sid Sof fer, 900 Arbor Street, Costa Mesa, spoke about the possibility.of rezoning an industral zone to a use for the ]easing and selling of automobiles. There being no other. public .speakers, the Mayor closed the public .hearing. . MOTION A motion was made. by Vice Mayor Amburgey, seconded by PA -87-187 Council Member Wheeler, and carried 5-0, to approve Approved with Planning Action PA -87-187, subject to the recaTmnda- Additional tions of the Planning Commission and subject to the Conditions conditions that the number . of parking spaces be limited to those permitted under the Parking Ordinance and that it be reviewed in six months. NEW BUSINESS The City Clerk presented a request for a closed session pursuant to Government. Code Section 54957 to discuss Request for compensation adjustment consideration for the positions Closed Session of City Attorney and City Manager. Closed Session The Council agreed to hold a closed session, and at Authorized 7:45 p.m., Mayor -.Hall- adjourned the meeting to the fifth floor conference room, and the meeting reconvened at 8:15 p.m. Sid Soffer, 900 Arbor Street, Costa Mesa, said the City Manager and, City. Attorney have both done a good job. Compensation. A notion was made by Council Member Wheeler, seconded by Adjustnent/City Vice Mayor Amburgey, to adjust the compensation for the Manager City Manager in an upward amount of 12 percent, retro- active to November 1, 1987. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Vtheeler, Adjustment Hornbuckle, Buffa Approved NOES.: COUNCIL MEMBERS: None :ABSENT: . COUNCIL MEMBERS:, .None Council Member Wheeler said Costa Mesa was found some- 9hat lacking when comparing the City's compensation with comparable jurisdictions in Orange County. Compensation A notion was made by Council Member Buffa, seconded by Adjustment/City Council Member Hornbuckle, approving a salary increase Attorney of 10,percent for the City Attorney, retroactive to November 1, 1987. The motion carried by the following roll call : vote: MOTION AYES: COUNCIL MEMBERS: -Hall, Amburgey, Vheeler, Adjustment Hornbuckle, Buffa Authorized NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Nene PA -87-173 The Clerk presented Planning. Action PA -87-173, J. A. King/Abrams King and Associates, Incorporated, Post Office Box 7992, Newport Beach, authorized agent for Abrams Develcprtent, Incorporated, 10861 Cherry Street, Los Alamitos, for a Final Developnent Plan tD construct a 163 -unit apartnent project that includes a day-care center containing 2,000 square feet, located at 1850 WAttier Avenue, in an MG zone (PIR -HD pending). Environmental Determina- tion: Negative Declaration. A petition was received containing 96 signatures from property owners opposing the 163 -obit apartmnt complex and in favor of a 120 - unit project. Mayor Hall said he had received a letter frau the Vice President of the Oceanview Park Homeowners Association requesting continuance of the iter due to the absence of people available to speak on this item tonight. The Development Services Director presented background information and staff's memorandum of December 15, 1987, and Staff Report. The General Plan Amendment and Rezone are not yet final. GP -87-5A shall not become effective until a Land Use Restriction is recorded regarding the provision of affordable housing. Second reading and adoption of the rezone ordinance for R-87-11 shall be held 'fDr .a maximum period of 90 days from the date of first reading pending GP -87-5A becaning effective. Since the Land Use Restriction has not yet been recorded, staff is recanne ndi ng a Condition of Approval be added as follows: Approval of the Planning Action shall not became effective until seven days after both GP -87-5A and R-87-11 become effective. The Development Services Director said the applicant, in discissions. with'the Planning Commission, has reviewed both this project and a less dense project proposing 146-Lnits, but that since the Planning Commission did not recannend the smaller project, it is not included in the analysis of staff's report. He then outlined the proposed 163 -unit project as shown on transparencies. Jerry A. King, J. A. King and Associates, Incorporated, 550 Newport Center Drive, Suite C, Newport Beach, was asked by Mayor Hall if he would be agreeable to a con- tinuance as requested by the Ocearview Park Homeowners Association, and Mr. King responded he wished to hear testimony from those present before making that .decision. Jerry King stated the property is presently occupied by a single use industrial structure which they have been unable to sell, lease, or utilize. He spoke about the various zoning in the area, arra said the various concerns expressed by the community have been addressed whenever possible. He then presented the layout of the structure itself, the anenities it will contain, and the ways in which they feel the project will be a benefit to the crnlmLni ty. Council Member Buffa asked Mr. King to outline how they planned to convert these Lnits from rental units to units -for -sale, and Mr. King addressed the various alternatives they have investigated. Council Member Buffa asked the City Attorney how an affordable range can be controlled when these units are converted for sale. The City Attorney responded that he has not as yet investigated this mechanism, but that the Development Services Director has contacted other cities regarding this. If Council desires to impose a condition 32 and requirenent cf this nature, he and the developer's counsel would confer and core to an agreeable arrangement to be submitted for Council's approval. Mayor Hall and Council Member Wheeler then presented their recommenda- tions on this s-Lbject. Mr. King said this project would be built to con daninium standards, and that it is the intent of the developer to retain ownership and to stay in control over it. It is the developer's desire at this tine to offer the proposed units as rental units with the possibility of converting them to snits -for -sale at a later time. There was discussion regarding the proposed day-care center and the number of children it will acccmrodate. Mr. King indicated he has had conversations with members of the Newport Mesa School District who have supported it with no expression cf concern on their part as to the number of children this project might generate. They propose. to offer the service for those having the need within the project itself as well as to the surrounding canmun ity . Denise Curry, 1851 Parkglen Circle, Costa Mesa, spoke representing Oceanview Park Homeowners Association as well as George Lesley, vino was unable to attend this evening. She expressed apposition to the project citing that it is tbo tall and too dense. She felt traffic arra noise should be addressed prior to a project of this kind .being approved. In her opinion, the asking sales price for the property is too high, and this is the reason it was not selling. She spoke in favor of keep- ing the property as industrial. Jim Navai, Vice President, Ocearnview Park Homeowner's Association, 1857 Parkview Circle, Costa Mesa, opposes the project which, in his opinion, would create addi- tional traffic and noise. He is in fawr of keeping the property as industrial. . Arlene Murray, 1862 Parkcrest Drive, Costa Mesa, speaking on behalf cf herself and a neighbor residing at 1852 Parkcrest Drive, stated apposition to the proposed high density project citing creation of rmre traffic, a higher transient population, and higher crime, and felt day-care services already provided in the City are sufficient. Richard Vinson, 1853 Parkview Circle, Costa Mesa, referred to the petition containing 96 signatures which expresses opposition to the 163P -unit project, and support for a 120 -unit project. He said that the pro- posed apartment project itself should be addressed, not the day-care center. An unidentified nen, residing in Oceanview Park, opposed the proposed project citing toohigh density, and the visual effects on the Oceanview Park tract. Roy Pizarek, 1923 shittier Street, Costa Mesa, spoke in favor cf Condition of Approval No. 16 which requires the construction of a sound attenuation wall on the west side Whittier Avenue. He said some type of sound wall should also be considered for the residents in the Transition Zone who will also be impacted. He apposes the project citing additional traffic, and felt traffic circulation should be addressed before a project of this kind is considered. He is in favor of keeping the property as industrial. 0-28 Mayor Hall asked Mr. Pizarek if he moved back to Whitter Avenue from Del Mar Avenue, and Roy Pizarek replied that he still resides on Del Mar Avenue. Mary Ann Wood, 1869 Parkview Circle, Costa Mesa, spoke in cpposition to the proposed project. Bern Herstvets, 1867 Parkcrest Drive, objected to the proposed project aryl cited traffic, pollution, and dangers created from increased traf.f is and underground parking facilities. Stewart Woodard, 245 Fischer Avenue, Costa Mesa, Architect for the proposed project, said the project, as proposed, affords 40 percent open space and vehicular traffic has been totally separated from pedestrian traffic within the project. He discussed the proposed sound attenuation wall for the north end of the project which, in his opinion, indicates their concern for their neighbors. He said a parking structure of this type is considered safe, and also addressed handicap access. He feels the proposed exterior design is of a higher quality than ,normal, aril that the proposed units are a good size. He addressed concerns expressed about traffic, saying industrial structures generate just as much traffic as their proposed use. In summation, Jerry King said they have tried to design a project Ahich fits the needs of the community. Traffic generation has been adequately addressed; they are willing to work with the Planning Division to obtain a seven -foot high wall which the homeowners are reques- ting for the north side of the property; and, it is their desire to provide a day-care center that will exceed the residents' expectations. Mayor Hall asked Mr. King if they are agreeable to all Conditions of Approval including those additions posed by the Planning Canmission, and he replied that they are in agreenent with all of the conditions. The City Attorney said staff is treating this proposal as rental unit apartnents, and if conversion to units - for -sale was requested at a later date, a Conditional Use Permit would be required. John Feeney, 1154 Dorset Lane, Costa Mesa, spoke against the project arra mre high density. Council Member Wheeler spoke in apposition to the project citing too hick a density, and impacts of increasing traffic and pollution, along with the inability of this project, as proposed, to neet the afforable housing needs of the community. MOTION A motion was made by Council Member Wheeler, seconded by PA -87-173 Council Member Hornbuckle, to deny Planning Action Denied PA -87-173. Council Member Hornbuckle said that she seconded the ration because she feels the project is too dense for the amount of land. She then addressed the importance of child care, saying she is not pleased about losing a care center, but that the negative impacts this pro- ject would create on the surrounding neighborhoods would be too great for her to vote in favor of it. Vice Mayor Amburgey felt further information should be obtained and investigated. He would like to look rrore closely at the details of the project, and expressed C F� L concern about the height of it. He said some industrial uses could generate much nore traffic arra noise than that which would be generated by an apartment canplex . Council Member Meeler said that his motion is to deny this .application, and if .successful, he would anticipate that ',the developer would return with another proposed project. He addressed the issue of day care, saying he fees it is very important and was one of the Council rrembers advocatiig it for the City when the subject was first discussed. In this instance, however, he feels it. is being presented as an enticement. Council Member Buffa spoke about the issue of day care being very important. The motion carried 3-2, Mayor Hall and Vice Mayor Amburgey voting no. Mayor Hall conmented that he voted in favor of the pro- pcsal because of the possibility of another objectionable use for the land. RECESS Mayor Hall declared recess at 10:25 p.m., and the neet- ing reconvened at 10:35'p.m. General Plan The Clerk presented an application requesting a General Amemdment Plan Amendment designation change from Tri-State Tri-State/ Engineering Canpany, authorized agent for Exxon Company, Exxon U.S.A.,_1200 Smith Street, No. 1050, Houston, Texas, which. would change the designation frau High Density Residential to Neighborhood CamTercial for property located at 2490 Fairview Road. Three c arumuin icat ions have been received: Pi zer and Michaelson, Incorporated, Attorneys at Law, 2122 North Broadway, Suite 100, Santa Ana, representing the Fair- view Village Haneowner's Association, requesting denial of the application; Gary BarnDre, Pastor, Fairview Canmunity Church, 2525 Fairview Road, Costa Mesa, ex- pressing opposition to a zoning change which would allow higher cam ercial activity; and, a petition con- taining 35 signatures from property owners in the area, expressing opposition. The Development Services Director presented staff's recanrrendation and analysis as outlined in a memrandum dated December 14, 1987, and by responding to questions posed by Mayor Hall concerning zoning designations, densities, arra pennitted building heights. He also presented permitted uses in CL and Cl zones. Chris Roux, 10627 Ashby Avenue, Los Angeles, Attorney representing Exxon, presented background information leading to Exxon's request for a General Plan Amendment indicating that they were not made aware of the incon- sistencies between the General Plan and the zoning requirements until December 6, 1987. He requested Council approve their request for processing a General Plan Arrendnent and that a full public hearing be held near the beginning of 1988.- He addressed the expressed concern that Exxon might decide to expand beyond the proposed mini market, and said this is not their intent. Frarklin Cole, 2482 Fairview Vby, Costa Mesa, speaking on behalf cf the Fairview Village Homeowners Associa- tion,` spoke about a proposed development for the opposite corner of Fair Drive and Fairview road, which X30 is State awned property. In his discussions with the State, it was uhclear exactly m hat they will build there should a General Plan Amendment be approved and zoning clanged. The association is very concerned about this, and they do' not want to see the General Plan designation changed. It is their opinion that a use zoning could be proposed which would be canpatible with the General Plan but would allow Exxon to make application for the changes they wish to make. Lou Fanelli, 2486 Fairview Way, Costa Mesa, spoke in opposition cf this property being zoned conmercial and against a possible 24-hour operation on this site. Jean Cole, 2482 Fairview Way, Costa Mesa, requested this General Plan Amendment be denied. Beth Fanelli, 2486 Fairview Vby, Costa Mesa, voiced objection to Exxon's proposal for a General Plan Amendment arra what they desire to build. Mayor Hall asked Mrs. Fanelli vhat she would like proposed, and that people have spoken against the proposed application but no one has said what they do want. She responded that the homeowners were content with the previous owner's operation of the service station which was open fran 6:00 a.m. to 8:00 p.m. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the past uses on this site. Steven Watson, 1085 Rolling Oak, Tustin, representing Exxon, indicated the only thing that they are requesting this evening is a General Plan Amendment. Bernard Eisenberg, 180 Fairwinds Lane, Costa Mesa, does not want to see the present operation expanded upon. MOTION A motion was made by Council Member Hornbuckle, seconded Application by Council Member Wieeler, to deny the request for a Denied General Plan Amendment. Council Member Hornbuckle felt there is a better way to accomplish what Exxon wants to accomplish without changing the General Plan. Council Member Wheeler spoke in cpposition to a General Plan Amendment indicating he does not feel it is necessary in this residential area. The motion carried 3-2, Mayor Hall and Vice Mayor Amburgey voting no. Sale of City The Cle:dc presented the agenda item, sale of City -owned Owner Property property at 2151 Harbor Boulevard ( northwest corner of Harbor Boulevard and Victoria Street). The Director of Public Services presented background information, findings and recanncendations as outlined in staff's memorandums dated December 10, 1987, and December 17, 1987. Staff is recanmending the following three alternatives for consideration: Alternative A - Sell surplus property to Mr. Lockwood Alternative B - Sell surplus property by voice auction Alternative C - Sell surplus property by sealed bid Motion _ A motion was made by Council Member Hornbuckle., seconded Withdrawn by Vice Mayor Amburgey,. bo approve Alternative "A" and directing staff to proceed with the sale. The notion and second were withdrawn because someone wished to speak. Chuck Muto, 2406 Windward Lane, Newport Beach, said he has submitted one of the proposals, and he has offered more for the property than Mr. Lockwood. He said he would like titre to investigate if the property could be . used for parking . The Director of Public Services said after the wi.daning and setback requirement, the strip remaining would not allow enough space for parking. Council Member Wheeler said -.;he is opposed to variances of arry kind but 'that he would be in favor of having Mr.. Lockwood and Mr. Moto bid for the property with it going to the highest bidder.; Council Member Buffa indicated e\en though Mr. Muto's proposal was higher an M' Lockwood's, based upon the proposed land uses, he would recommend selling the property to Mr. Lockwood. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of selling to the highest bidder. MOTION A motion was made by Council Member Hornbuckle, seconded Alternative "A' by Council Member Buffa, to .proceed with Alternative "A', Selected and Staff sell surplus property to Mr. Lockwood, with the finding Directed to Proceed that the property.would.be undevelopable as a single with Sale with parcel, and adding a provision that the property be used Added Provision in conjunction with the property to the north. Ernie Lockwood, No. 12 Sandpebble, Irvine, said it is his intent to combine the properties. The motion carried 4-1, Council Member Wheeler voting no. COUNCILMANIC At the request of Council Member Hornbuckle, Council COMMENTS recognized three members of the City which have recently been ,honored . Mothers Against Runk Driving honored Recent City Motorcycle Officer Dale Birney, and Patrol Officer Steve HonoreesRautus. Council Member Buffa was recently honored in a salute to Italian -Americans in government. Staff Requested to At Council Member Wheeler's request, Council authorized Fill Vacancy on staff to f ill one vacancy. on the Cultural Arts Committee Arts Committee through the nonnal process. Proposed Musuem Council Member Wheeler said the Cultural Arts Committee is in the process of investigating locating a museum within the City, and that it is their intent to pursue this during the next year. ADJOURNED TO At 11:55 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed -session in the first floor Conference Roam to discuss matters previously stated. Council Member Wheeler said that he will not be partici- gating in the closed session regarding Concerned Citizens of Costa. Mesa vs. Ned West. Concerned Citizens Council took action in closed session to allocate an of Costa.Mesa vs. additional $25,000.00 to Concerned Citizens of Costa Ned West Mesa to support their legal expenses in the public nu i sane lawsuit with Pacific Amphitheater and further Funds Authorized authorized the City Manager to disburse those funds in increments of $5,000.00. AWOURNMENT The Mayor c3eclared the journed at 12:40 a.m. i i i r Mayor cf t1ie City of Costa Mesa ATTEST: G C ty Clerk cE the City of Ccs ta esa