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HomeMy WebLinkAbout01/18/1988 - City Council,X12 REGULAR MEETING CF THE CITY COUNCIL CITY CF COSTA MESA JANUARY 18, 1988 The City Council of the City of Costa Mesa, California, net in regular session January 18, 1988, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Pastor Lothar V. Tornow, Christ Lutheran Church. ROLL CALL Council Members Present: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk ANNOUNCEMENTS Mayor Hall announced this is the first Council meeting Meeting Televised being televised over cablevision, Channel 62. Appeal of Mayor Hall announced that Public Hearing No. 2, appeal PA -87-197 of the Planning Commission's denial of Planning Action Withdrawn PA -87-197, has been withdrawn by the applicant. MINUTES On motion by Council Member Buffa, seconded by Council January 4 and Member Wheeler, and carried 5-0, the minutes of the 11, 1988 regular meeting of January 4, 1988, and special meeting of January 11, 1988, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, to read all ordinances by title only. DECLARATION At the request cf Council Member Hornbuckle, Mayor Hall declared April 17 through 24,E 1988, as "Human Relations Human Relations Week". More information will be forthcoming at a later Week date. CONSENT CALENrAR The following items were removed from the Consent Cal- endar: Item 9, concurrent sales of motor vehicle fuel and alcoholic beverages; Item 11(b), Application for Leave to Present Late Claim from Brenda Brook; Item 12(c), Measure "C", 1987-88 Street Maintenance; Item 14(b), Change Order "I" for a supplemental Environmental Impact Report, Widening of Victoria Street; and, Item 15(b), Budget Adjustnent 88-76, study of pedestrian bridge on Bear Street. Mayor Hall announced these items will be heard under New Business on the agenda. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMEERS : None ASSENT: COUNCIL MEMBERS: None L� 1 Records Destruction On motion by Council Member Hornbuckle, seconded by for Building Safety Vice Mayor Amburgey, Resolution 88-7, being A RESOLU- TION CF THE CITY COUNCIL CF THE CITY CF ODSTA MESA, MDTION CALIFORNIA, AUTHORIZING RECORD IESTRUCTION FOR THE Resolution 88-7 BUILDING SAFETY DIVISION CF THE CITY OF CDSTA MESA, Adopted PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call vote: AYES: ODUNCIL MEMBERS: Hall, Amburgey, 6heeler, Hornbuckle, Buffa NOES: COUNCIL MEvi IRS : None ABSENT: COUNCIL MEMBERS: None Bird Problem MDTION Referred to Police Department for Report READING FOLEER Claim On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, a petition with 15 sig- natures of Costa Mesa residents regarding the unsanitary conditions resulting from the feeding of birds 'in a vacant field at the northwest corner of 16th Street and Santa Ana Avenue was referred to the Police Department for a report. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the following Reading Folder items ware received and processed: Claim received by the City Clerk: Edward Hunter. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: The Licenses Southland'Corporation, doing business as 7 -Eleven Food Store, 2244 Fairview Street, A-1; Harp Holdings, Incorporated, 130 East 17th Street; Donald T. Johnson, doing business as The Tin Lizzie Saloon, 752 St. Clair Street; and, Anju Kapoor, doing business as Indian Express, 1835-D Newport Boulevard, No. 156. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from United Cerebral Palsy Associa- United Cerebral tion ,of Orange County, Incorporated, 3020 West Harvard Palsy Association Street, Santa Ana, by collecting reusable household items and clothing for the year 1988. On motion by MDTION Council Member Hornbuckle, seconded by Vice Mayor Permit Amburgey, and carried 5-0, the permit was approved with Approved- application of Municipal Code Section 9-234(j). Rotary Club Notice of Intention to Appeal or Solicit for Charitable Purpose was received from the Rotary Club of Costa Mesa, MOTION Post Office Box 10284, Costa Mesa, by soliciting funds Permit for polio vaccine from January 19, to June 30, 1988. On Approved motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). Teen Challenge Notice of Intention to Appeal or Solicit for Charitable Purpose was received frau Teen Challenge cf Southern MDTION California, 5445 Chicago Avenue, Riverside, by selling Permit tickets for a pancake breakfast from January 19 to March Approved 14, 1988. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). We -Tip Notice of Intention to Appeal or Solicit for Charitable Purpose was received from We -Tip, Incorporated, 906 7th MOTION Street, Ontario, by selling tickets for a variety show Permit from January 19 to April 8, 1988. On motion by Council Approved Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). 34.3 Orange County Notice of Intention to Appeal or Solicit for Charitable Council of Purpose was received from the Orange County Council of Camp Fire Camp Fire, Incorporated, 513 East First Street, Tustin, by selling candy from January 19 to February 29,, 1988. MOTION On motion by Council Member Hornbuckle, seconded by Vice Permit Mayor Amburgey, and carried 5-0, the permit was approved Approved with application of Municipal Code Section 9-234(j). VARRANTS On motion by Council ._Member Hornbuckle, seconded by Vice Mayor Amburgey, Warrant Resolution 1382, including Pay - MOTION roll 8801, was approved by the following roll call vote: Warrant 1382 AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Ibne REJECTED CLAIMS On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from Veronica Rowen L. Rowen was rejected. Chagollan On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from Attorney Betty J. Mc Mullen, Incorpc)rated, on behalf of Nancee E. Chagollan was rejected. ADMINISTRATIVE Bids received for Bid Item No. 797, One Truck with ACTIONS Special Body, are on file in the Clerk's office. On motion by Council Member Hornbuckle, seconded by Vice' Bid Item No. 797 Mayor Amburgey, the contract was awarded to Whittaker One Truck with Corporation, Bauer Coatings Division, 1021 North Mission Special Body Road, Los Angeles, for $38,129.31. The motion carried by the fDllowinzg roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Awarded to Hornbuckle, Buffa Whittaker/Bauer NOES: COUNCIL MEMBERS: None Coatings Division ABSENT: COUNCIL MEMBERS: None Bid Item No. 798 Bids received for Bid Item No. 798, Ballistic Vests, are Ballistic Vests on fila in the Clerk's office. On motion by Council Member Hornbuckle, seconded by Vice Mayor Anburgey, the MOTION contract was awarded to Discover U.S.A., 10101 Theseus Awarded to Drive, Huntington Beach, for $8,012.71. The motion Discover U.S.A. carried by the following roll call vote: AYES: COUIrIL MEMBERS: Hall, Amburgey, Wu eeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nine ABSENT: COUNCIL MEMBERS: None Measure "C" Bids received for Measure "C" Parkway Maintenance 1987-88 1987-88 Parkway (Tree Removal, Curb and Gutter and Sidewalk Removal and Maintenance Replacement, and Other Improvements on Various Streets) , are on file in the Clerk's office. On motion by Council NOTION Member Hornbuckle, seconded by Vice Mayor Amburgey, the Awarded to contract was awarded to Challenge Engineering, Incor- Challenge porated, 4761 Lincoln Avenue, Cypress, for $890,716.00. Engineering The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES : COUNCIL MEMBERS: None ABSENT : COUNCIL MEMBERS: None Sole Source Staff requested approval to purchase word processing Purchase of equipment from sole source vendor, Harris Lanier Word Processing Business Systems, 15641 Red Hill Avenue, Building "C", Equipment Suite 110, Tustin, for $5,952.40. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the MOTION purchase was approved by the following roll call vote:. Purchase AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Nene 1 Change Order "C" The Public Services Director recanrrended approval of IVA.Engineers Change Order "C" for $32,570.00, to the contract with INA Engineers, 10221 Slater Avenue, Suite 219, Fountain Environmental Valley, for additional work in connection with environ - Documents, I-405 mental documents for the I-405 Access Study. On motion Access Study by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the change order was approved by the following MOTION roll call vote: Charge Order AYES: OOUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle., Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL " MEMBERS: None Budget Adjustment A notion was made by Council Member Hornbuckle, seconded No. 88-65/Can- by Vice Mayor Amburgey, to approve Budget Adjustment No. munity Develcprrent 88-65 for $549,545.00, to'bring forward fiscal year Program Balances 1986-87.Canmunity Development Program balances into the fiscal year 1987-88 budget. The motion carried by the MOTION following roll call vote: Adjustment AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS,: None ABSENT: COUNCIL MEMBERS: None Conference On motion by Council Member Hornbuckle, seconded by Vice Advances Mayor Amburgey, the following Conference Advances were approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Vdheeler, Advances Hornbuckle, Buffa Approved NOES: COUNCIL MEMBERS: None ABSENT: - COUNCIL ME BERS : None Advance "for $430.00 for a police officer to attend the Officer Involved Shooting Investigation Conference in Ventura fran January 25 to 29, 1988. Advance for $594.00, for a police officer to attend the Hanicide Investigation Conference in Los Gatos from January 25 to 29, 1988. Agreement with The .Director of Public Services recanmended approval of CALTRANS an agreement with the State of California, Department of Transportation (CALTRPNS) , District 7, Post Office Box Traffic Signals 2304, Los Angeles, for. installation of traffic control and Striping/Bear, signals aryl, striping at the intersection of Bear Street Street arra SR73 with State Route (SR) 73. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the agree - MOTION rrent was approved, and the Mayor arra Clerk were author - Agreement ized to sign on behalf of the City. The motion carried Approved by the following roll call vote: AYES' COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT : OOUNCI L MEMBERS:, None Agreement with The Director of Public Services recawrended approval of City of Santa an agreement with the City of Santa Ana, 20 Civic Center Ana Plaza, Santa Ana, for construction of a traff is signal at Sunflower .Avenue and Wimbledon Way/Greenville Street. Traffic Signal On motion by Council Member Hornbuckle, seconded by Vice Sunflower Avenue Mayor Amburgey, the agreement was approved, and the and Wimbledon Way/ " Mayor and Clerk were wthorized to sign on behalf of the Greenville Street City. The motion ' carr.ie3 by the following roll call vote: MOTION AYES: OOUNCIL MEMBERS: Hall, Amburgey, Wheeler, Agreerrent Hornbuckle, Buffa Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 34.16 Agreement with Norris-Repke Rehabilitation of Bristol Street/Bear Street/Sunflower Avenue MOTION Agreement Approved Reimbursement Agreement with South Coast Plaza Expansion Improvements on Sunflower Avenue MOTION Agreement Approved Reimbursement Agreement with Lincoln Park Mesa Improvements/Park Center Apartirents MOTION Agreement Approved. PA -85-104 Stephens MOTION Work Accepted The Director of Public Services recommended approval of an agreerent with Norris-Repke, Incorporated, 507 East First Street, Suite A, Tustin, for $39,300.00, to provide professional engineering services for the reha- bilitation of Bristol Street (Anton Boulevard to Baker Street), Bear Street (I-405 Freeway to Baker Street), and Sunflower Avenue (Bear Street to Bristol Street). On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Dbne ABSENT : COUNCIL MEMBERS: None The Director of Public Services recommended approval of an agreement with South Coast Plaza Expansion, 3401 West Sunflower Avenue, Suite 250, Santa Ana, for reimbursement by the City of $101,219.90, for improvements on Sunflower Avenue west of Bear Street, South Coast Plaza II aka Crystal Court Development. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the agree- ment was approved, and the Mayor and Clerk were author- ized to sigi on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The City Manager recommended approval of a reimbursement agreement with Lincoln Park -Mesa, a California Limited Partnership, 101 Lincoln Center Drive, Foster City, at a cost to the City of approximately $35,000.00. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the agreement was approved, arra the City Manager and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements for Planning Action PA -85-104, to relocate a catch basin at 2244 Fairview Road, have been completed to the satisfaction of the Director of Public Services by Chris R. Stephens, Incorporated, 3199A-3 Airport Loop Drive, Costa Mesa. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the work was accepted, and bonds were ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nine ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Cammission recommended adoption of a reso- Hamilton Street lutidin prohibiting parking along the southerly curb of Hamilton Street from 335 feet west of Thurin Street MOTION westerly for 35 feet. On motion by Council Member Resolution 88-8 Hornbuckle, seconded by Vice Mayor Amburgey, Resolution Adopted 88-8, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY CF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF HAMILTON STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey,..Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 a�,n� 2 C� PUBLIC HEARING The Clerk announced that this was the time and place set Rehearing PA -87-173 for the public hearing to rehear Planning Action PA-87- King/Abrans 173, J. A. King and Associates, Incorporated, Post Office Box 7992, Newport Beach, authorized agent for Abranys Development, Incorporated, 10661 Cherry Street, Los Alamitos, for a Final Development Plan for a 138 unit apartment project at. 1850 Vdhittier Avenue in an MG zone',(PDR--HD pending). Environmental Determination: Negative Declaration.' The Affidavit of Mailing is on f ile in the -Clerk's off ice. No communications have been received. The Development Services Director presented background information and summarized staff's memorandum of January 8, 1988, and analysis, findings, and coalitions attached theretto,, for a revised 138 -unit apartment project. The project, consists of 110 market rent units plus 28 den- sity bores/affordable units. The base density is 23.12 units. per acre which increases to 28.9 units per acre with the density bonus. A child care center is no loner proposed. -The buildings closest to Vhittier Avenue have been reduced to two stories, and on-site recreational areas haw.been--increased. The wall along the westerly side of Whittier Avenue is proposed at six fleet in height and if Council desires to raise the height to eight feet, the Negative Declaration could be amended to reflect the increased height. The project is designed as, apartments and meets or partially satisfies eight out of nine density review criteria for the PDR -HD zone. The Development Services Director outlined the proposed project utilizing transparencies. In response to a question posed by Council Member Hornbuckle, the Development Services Director said if the residents in the neighboring single-family dwellings wish greater sound attenuation, - a wall height of eight feet vs. six feet would be preferable. Jerry King, J. A. King and Associates, Incorporated, said that they have tried to address all of the concerns expressed by the Planning Canmission, Council, and the canmunity and feel they hale met all criteria required for their proposed project with the exception of recrea- tional vehicles parking. With regard to the issue of traffic, they have been- unable to address this concern with army specifics except to- say the original applica- tion was fior 180 -units for which a Negative Declaration was prepared arra since this - proposed project is for 138- units, traffic should not be 'an issue. Council Member Hornbuckle asked what type of fence is proposed between the project and Tnhittier School. Jerry King replied Condition of Approval No. 10 calls for a masonry wall and he is requesting that Council consider a fence canposed of masonry pilasters and wrought iron fbr the area between the school site and the property site,; allowing the entire property line to have vises bility I to, the open area. The Development Services Director said the Negative Declaration could be changed to allow for a wrought iron fence instead of a masonry wall should Council desire. George Leslie, Chairman of the Board of Directors, Oceanview Park Homeowners Association, 1874 Parkcrest Drive, Costa Mesa, said their association has not been -34.8 able to cane to an agreement with the developer as to the size cf the project. They feel a project with 138 units ' is too large for the size of the lot, and cited traffic congestion, noise, and parking problems as concerns. Mark Korando, 582 Park Drive, Costa Mesa, Vice President of Mesa West Homeowners Association, said the associa- tion is against the preposed project and increased density on the west side. He addressed trip ends and asked how much cf the CENTROCCS (Central Orange County Circulation Study) funds are being used on the south end of the City. The Development Services Director addressed the question of trip ends and what the zone would allow indicating that this project should not create an adverse situation. The Director of Public Services explained CENTROCCS funding, and how funds were acquired and distrubuted. The CENTROCCS program was set up for North Costa Mesa and is no longer in existence except for the funds still available. A developer trip fee program is now being used based on envirormental impact. Only one other project on the south side, has paid into this fund and those monies are being used to widen 19th Street. He addressed the approximate amount of rmney this project would contribute to the fund for improvements in the area. Mr. P. Draeger, residing on Parkcrest Drive, Costa Mesa, does not feel the area can accammdate more traffic and cited the number cf ads in the newspaper for units for rent in Ccsta Mesa as evidence that Ccsta Mesa does not need any more residences. Richard Vincent, 1853 Parkview Circle, Ccsta Mesa, said Ocearyiew homeowners have met with Mr. King on several occasions and he does not believe the requests of the residents have been listened to. He felt the proposed project is too high a density for the property. Roy Pizarek, 270 Del Mar Avenue, Costa Mesa, thanked Council for the attention they have given to this pro- ject. He spoke in opposition to the high density because it would create a negative impact on the ccm- munity. Denise Curry, 1851 Parkglen Circle, Costa Mesa, read a a letter frn Kaufman and Broad, who expressed their desire to build sirxgle-family homes on this property. After their discussions with Harold Jaspers, owner of the property, they felt that property value was a major concern cE his and the property would be worth mre with apartments on it rather than single-family homes. Mrs. Currey requested Council give consideration to a plan for the westside area with single-family homes, not high density,_ .and with no more than 20 . units per acre. Jim Navai, Vice President, Oceanyiew Park Haneowners Association, 1857 Parkview Circle, Costa Mesa, felt the proposed project is too high a density. He would be in favor o£ single-family homes arra a maximum of 20 units per acre. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of nDre expensive single-family neighborhoods in the City, not high-density projects. 1 Jerry King addressed the comments made regarding their willingness to listen to requests, from the community, Council, and .staff. He said they have been very open to listening and that they have done everything possible to meet -the -criteria required.. There, being. no further speakers, the Mayor closed the public hearing. At the request of Vice Mayor Amburgey, the Development Services Director explained how trip ends are deter- mined, reviewed by staff, and a decision made as to whether:a project warrants a Negative Declaration or an Environmental Impact Report.. Traffic mitigation funds were also discussed. Vice Mayor Amburgey asked Mr. King if he would be agreeable to all cE the Conditions of Approval and Mr. King replied that they, are agreeable to all conditions including the addition of a wall. MOTION A nDtion_was made by Vice Mayor Amburgey, seconded by PA -87-173 Council Member.Buffa, to adopt the Negative Declaration Approved of Envirormental Impact, and approve Planning Action _ PA -87-i73, based on staff's.findings, and subject to the Conditions of Approval as . agreed to by Mr. King. Council Member Wheeler spoke in opposition to the rezoning of this property to the current proposed high density. He then addressed the ten items under Planning Staff's Analysis. In his opinion, only two satisfy the criteria,. two have partial satisfaction, and six clearly do. not meet the criteria. He spoke in favor of more individual . homes, aril does not feel the proposed. project would set a. good precedent for the west side. He will be opposing the project. Council Member Buffa said the.proposed 138 unit apart- mentcomplex would not haw a negative effect on the neighborhood and that many other industrial uses could have a. higher negative effect. . Council Member.Hornbuckle,spoke in opposition to the proposed project :as being too dense for the area. Mayor Hall felt the area would be more heavily impacted by traffic from an industrial use than from this pro- posed project. The motion carried 3-2, Council Members Wheeler and Hornbuckle. voting no. RECESS The Mayor declared a recess at 8:15 p.m., and the neeting reconvened at 8:30 p.m. MOTION On motion by Council Member Hornbuckle, seconded_by Staff Director Council Member Buffa, and carried 5-0, staff was to Work on directed to work with the developer and the residents Wall Height across Whittier Avenue on the height of the wall facing %l ittier. Avenue . MOTION A motion was made by Council Member Hornbuckle, seconded Amend Condition by Mayor. Hall, to amend Condition of Approval No. 10 to No. 10 and Amend allow construction of a masonry pilaster wall with Negative Dec Lara- wroucjht iron along. the southerly interior property line tion which faces Whittier School,, and to amend the Negative Declaration. changing the requirements under B.2. Manmade Environment, Mitigation 1. of the envirormental evalua- tion to read as follows: 6,150 Mitigation 1. A minimum 6' high block wall shall be provided and/or maintained alongthe northerly and easterly interior property lines and a wrought iron fence with masonry pilasters shall be provided and/or maintained along the southerly interior property line. Council Member Wheeler asked if a solid block wall would provide better sound protection to the people living -within the project and the Development Services Director said a block wall would provide greater sound atteruation. The motion carried 4-1, Council Member Wheeler voting no. PUBLIC HEARING This was the time and place set for the public hearing Appeal of PA -87-197 to consider the appeal of the Planning Canmission's Miles/Taco Bell denial of Planning Action PA -87-197 frau Gene Miles, 1511 East Edinger Avenue, Santa Ana, representing Taco Bell; for -a Conditional Use Pen -nit to add a drive-thru window to an existing restaurant within 200 feet of a residential district, located at 2900 Fairview Road in a C2 zine. Environmental. Determination: Negative Declara- tion.' The Affidavit of Mailing is on file in the Clerk's off ice . No ca Tun icat ions haw been received. Mayor Hall announced that a request has been received from the applicant to withdraw his appeal. He then asked, if there was aryone who wished to speak on the item or if the applicant ware present and no one re- sponded. The applicant was _ not present. MJTION On motion by Council_ Member feeler, seconded by Vice Appeal of PA -87-197 Mayor Amburgey, and carried 5-0, the appeal of Planning Withdrawn Action PA,87-197.was withdrawn as requested by the applicant. PUBLIC HEARING The Clerk announced this was the time and place set for R-87-13 and the public hearing for Pacific Building Concepts, 234 PA -87-193 East 17th Street, Suite 205; Costa Mesa, authorized Pacific Build- agent for Newport Harbor Builders, Incorporated, 1825 ing Concepts/ westcliff Drive, Suite 109, Newport Beach, for property Newport Harbor located at 276 and 280 Santa Isabel Avenue: Builders Rezone Petition R-87-13, to rezone fran Rl to PIR -LD. Planning Action PA -87-193, for a Planned Development Review for. six single-family residences, and a var- iance fran cannon open space requirements. Environmental. Determination: _.Negative Declaration. The Affidavit of Publication is on file in the Clerk's off iceand no canmun ications have been received'. The Development Services Director outlined staff's men- orandum of January 6, 1988, and attached analysis, findings, arra recaumandations.. He then presented an overview of the project by utilizing transparencies. Craig Hampton, Pacific Building Concepts, representing Newport Harbor Builders, Incorporated, said after weigh- ing various,alternatives-they decided to propose this project. They are in agreenent with the Conditions of Approval with the following exceptions: Condition of Approval No. 1, Page 5, they are requesting that the requirement for solar nater to be provided for each residence be deleted; and, Condition of Approval No. 2, Page 6, be changed b:) reflect a minimum double -garage door requirement of 16 -feet. In replying to .a question posed by Mayor Hall regarding solar heating,, Mr. Hampton said that they do not find solar water, heating for a single-family home to be a cast effective solution at this time. The Development Services Director had no objection to changing the double -garage door requirement to 16 -feet and said this is a typical width for single-family home garage doors. Council'Member Wheeler asked if the builder intends to plumb the homes to accanmodate solar heating and Mr. Hampton replied that they do. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of the project and the density. There being.no further speakers, the Mayor closed the public hearing. Council Member Buffa camrended the developer for pre- senting this type of project and is looking forward to other developers f3ollaving his example. MOTION On motion made by Council Member Buffa, seconded by Ordinance 88-1 Council Member Wheeler, the Negative Declaration of Given First Environmental Impact was adopted; Ordinance 88-1, being Reading and AN ORDINANCE CF THE CITY COUNCIL CF THE CITY CF COSTA PA -87-193 MESA, CALIFORNIA, CHANGING THE ZONING OF 276 AND 280 Approved SANTA ISABEL AVENUE FROM R1 TO PDR -LD, vias given first reading and passed to second reading; arra, Planning Action PA -87-193 vas approved subject to staff findings arra Conditions of .Approval with the following changes to the condi tions : No. l,' Page 5 - The units shall be plumbed for solar water heating.. No., 2, Page 6 - The minimum garage door width for the double -garages shall be changed to 16 -feet. Council Member Wheeler felt an orrdinanee should be, considered if it is desired to include solar in all future developments. 'He also .said PDR -LD zone require - mints should he re-examined. Council Member Hornbuckle requested that criteria for PER developments be presented at the first available study session. PUBLIC HEARING The Clerk announced the public hearing to consider the Appeal of appeal of the Planning Commission's denial of Planning PA -87-205 Action PA -8.7-205 from Patrick A. Di Caprio, for var- Di Caprio iances - from parking and rear yard setback requirements, to permit construction of a second unit on a lot with an existing residence at 2238 Elden Avenue in an R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No canmunica- tions hwe been received. The Development Services Director reviewed staff's memorandum dated,January 6, 1988. The current applica- tion is exactly the sane as PA -87-159 vdAch was denied by the Planning Cammission with the denial upheld by the City Council. Staff concurs with the applicant that it is the placement of the existing residence, not any special ciraimstanee which creates the difficulty in further developing the site. The request does not meet the variance requirements of an R2 wne. 352 Pat Di Caprio, 2238 Elden Avenue, Costa Mesa, presented background information, saying the parking variance can- not be met due to the way the present house was built on the lot. Council Member Wheeler asked if the present house was on the lot when Mr. Di Caprio purchased it, and he replied that it was. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about the possibility of using waivers instead of variances, arra in favor of granting this project. Dan Venable, 2232 Elden Avenue, spoke in favor of gran- ting this variance. Pat Di Caprio. said there are other duplexes on the block and he does not believe there is a parking problem on this area of Elden Avenue. He then outlined how he envisioned the parking on the property. There being no further speakers, the Mayor closed the public hearing.. Council Member Hornbuckle spoke in opposition to the project and did not feel new evidence has been presented. Council Member Wheeler spoke in opposition to granting a variance and suggested the applicant sell this piece of property and purchase another where the development can be pursued without the need for requesting special privileges. MOTION A motion was made by Vice Mayor Amburgey, seconded by PA -87-205 Council Member �brnbuckle, to uphold the Planning Ccnunis- Denied sion's denial of Planning Action PA -87-205. The motion carried 3-2, Mayor Hall and Council Member Buffa voting no. NEW BUSINESS The Clerk presented a request from the Cable Television Camdttee for allocation of $29,035.00 of cable tele - Cable Television vision grant funds. Grant Funds Council Member Buffa referenced the memorandum from the Cable Television Committee, dated January 14, 1988, which presents the committee's and staff's recamnanda- tions concerning allocation of Cable Television Grant funds. Carl Bureman, 447 Princeton Drive, Costa Mesa, Vice Chairman, Cable Television Committee, recommended adoption of the committee's recammendati.ons. MOTION On motion by Council Member Wheeler, seconded by Council Funds Allocated Member Buffa, funds in the amount of $29,035.00 were allocated from the cable television grant funds as out- lined in the memorandum from the Cable Television Committee. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES : COUNCIL MEMBERS: Nbne ABSENT: COUNCIL MEMBERS: None Code Enforcement/ The Clerk presented the proposed ordinance for increased Spring Cleary -Up Municipal Code enforcenent, Spring clean-up campaign. Campaign The Development Services Director outlined his memorandum dated January 13, 1988, responding to Council's request for a Municipal Code amendment which would strengthen the q—: City's ability to abate visual nuisances in residential neigbborloods. Staff recommends a six-month trial - period for the proposed program, after which staff would provide Council with a statistical summary to determine the program's effectiveness. . In response to a. question posed by Mayor Hall regarding defining "keep, store or maintain" under Section 11-56 of the proposed ordinance., the City Attorney responded that Code Enforcementpersonnel would have to use canon sense and discretion in issuing citations. Council Member Hornbuckle asked if the proposed ordi- nance would apply to any. zone, and the Development Services Director replied -that it would. Council Member. Iiornbuckle said she is delighted that . this material has been brought- together as a Spring clean-up campaign. Council Member Wheeler felt a time limitation provision should be added.to Section 11-56 and that, as presently written, the proposed ordinance is too vague and does. not indicate what type of conduct is going to be pro- hibited. He will not support the proposed ordinance as written. Michael: Nutter, 3469 Plumeria Place, Costa Mesa, agreed with ;Council Member 6ieeler,'s ccmrrents regarding Section 11-56. Mayor Hall said firs -t_ reading is not being given to this ordinance tonight, and that staff is requesting first reading be passed to, the- meeting of February 1,' 1988. After tonight's discussion, and input on the ordinance, the .City. Attorney._ and Development Services Director will be correcting any deficiencies within this ordinance before_ it .is presented for f irst- reading. .At the . request of Council Member Buffa, the City Attorney presented his recommendations for provisions to be added to the proposed ordinance. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed public nuisance. Roy Pizarek, 270 Del Mar Avenie, _ Costa Mesa, Mesa West Homeowners Association, spoke in favor of the proposed ordinance ,and said the association is willing to work with staff in educating the public on cleaning up our City. Pat Eolan, 923 West 20th Street, Costa Mesa, President, Mesa West Homeowners Association, thanked Council and staff for this proposal. He then spoke about the blight on the west side aryl made, recomi endations for items to be incorporated in the ordinance. M3TION A motion was made by Council Member Hornbuckle, seconded First Reading by Council Member Buffa, to direct staff as follows: of ordinance Scheduled for 1. Agendize the. ordinance for first reading at the February 1, 1988. Council's February 1, 1988, meeting. 2. Commence pro -active Code enforcement for six months in west Ccsta Mesa carnrencing on March 15, 1988: (.effective. date cf . new, ordinance) and, at the same time, respond .to canplaints in the rest of the City utilizing the new ordinance. 3. Prepare a report for the Community Newsletter uhidz outlines the pro -active program. Council Member Wheeler said, in his opinion, the pro- posed ordinance, as currently written, is constitu- tionally defective and does not give fair and adequate notice of prop ibit ire conduct. He cannot support the ordinance as presented tonight. He does support the pro -active Code enforcement programs but believes they are not stringent encugh. The motion carried 4-1, Council Member Wheeler voting no. Concurrent Sales Item 9 on the Consent Calendar was presented: Concur - Motor Fuel/ rent sales of alcoholic beverages and motor vehicle fuel. Alcoholic Beverages Council Member Buffa requested as many people as possible attend the public hearing on February 1, 1988, to speak on both sides of, this issue. MOTION On motion by Council Member Buffa, seconded by Council Set for Public Member Hornbuckle, and carried 5-0, the following item Hearing on was set -for public hearing February 1, 1988, at February 1, 1988 6:30 p.m., in the Council Chambers of City Hall: An ordinance repealing the legislative prohibition of concurrent sales of alcoholic beverages and motor vehicle fuels and establishing a procedure for regula- tion of such concurrent sales. Environmental deter- mination: Exempt. Claim from Itflm 11(b) on the Consent Calendar was presented: Leave Brook to Present Late Claim from Attorney Nancy M. Knight for Brenda Brook. MOTION On motion by Council Member Wheeler, seconded by Vice Claim Mayor Amburgey, the Application for Leave to Present Rejected Late Claim from Attorney Nancy M. Knight for Brenda Brock was accepted and the claim rejected. The motion carried 4-1, Mayor Hall voting no. Measure "C" Item 12(c) on the Consent Calendar was presented: Mea - Street sure "C" Street Maintenance 1987-88. Maintenance Vice Mayor Amburgey requested this item be continued for two weeks. Several letters have been received from residents of the Mesa dal Mar area expressing their concern with theroughness of the finish on similar work performed by another contractor. Although it is staff's opinion that this condition will smooth out, he has contacted the Asphalt Institute, a professional organi- zation rganization of asphalt contractors, to present their opinion on the project. Council Member Hornbuckle asked.if work could proceed on this contract simultaneously. with obtaining an opinion on the work performed in.Mesa del Mar. She spoke in opposition to postponing work on Measure "C" projects any longer. Vice Mayor Amburgey stated the reasons why he is requesting a continuance for the project. Council Member Wheeler spoke in favor of a continuance. Council Member Buffa was in favor of a continuance but for no longer than a two-week period. MOTION A motion was made by Vice Mayor Amburgey, seconded by Continued to Council Member Wheeler, to continue this iter to the February 1,, 1988 neeting of February 1, 1988. The motion carried 4-1, Council Member Hornbuckle voting no. 1 Change Order "I" Item 14(b) on the Consent Calendar was presented: Phillips, Brandt Change Order "I" for $5,000.00, tD-the contract with and Reddick Phillips, Brandt and Reddick, 10812 Sky Park Circle, Irvine., for- preparation cf a supplemental Environmental Supplemental, EIR Impact Report (EIR) for the widening of Victoria Street Victoria Street fran Harbor Boulevard to Canyon Thrive. Widening Council Member Wheeler spoke in cpposition to this change order citing an inadequate (EIR). MOTION On motion hy Council Member Buffa, seconded by Vice Change Order Mayor Amburgey, the change order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: OOUNCI L MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Budget Adjustment Item 15(b) on the Consent Calendar was presented: No. 88-76/Study Budget Adjustment No. 88-76 for $15,000.00 to transfer Pedestrian Bridge adequate appropriation to conduct a study for a pedes - on Bear Street trian bridge on Bear Street. Council Member'Wheeler presented the reasons why he is opposed to this budget adjustment arra said he does not support development trip fees being used for this type of project which, in. his epinion, would primarily benefit the developer.' He felt the developer should pay for the cast of theproject. Council Member Buffa spoke as a liaisn to the Pedes- trian Bridge Canmittee and said -the pedestrian bridge was a Condition of Approval for building Crystal Court and that the bridge was for the benefit of the people not the store owners. Council' Member Wheeler disagreed with Council Member Buffa's statements and said the Condition of Approval called for a study to be conducted some time in the future which would determine if a bridge is required. Vice Mayor Amburgey spoke in favor of utilizing developer trip 'fees for funding this project. A nation was made by Council Member Buffa, seconded by Mayor Hall, to remove the Condition of Approval for the Bear Street pedestrian bridge frau this project. This motion -,was superseded by a substitute motion. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor, of constructing the bridge. The City Manager said this study was previously author- ized by Council arra is already in progress. SUBSTIZUTE'MOTION On motion by Vice Mayor Amburgey,.seconded by Council Adjustment Member Hornbuckle, the adjustment was approved by the Approved following roll call vote: AYES: . COUNCIL MEMBERS: Hall,':Amburgey, •Hornbuckle NOES: COUNCIL MEMBERS: Wheeler, Buffa ABSENT : - COUNCIL - MEMBERS : None CITY MANAGER Mayor Hall announced that a cicsed session will be held REPOR'T'S at the errs of regular business ' as. requested by the City Manager. ORAL Sid Soffer, 900 Arbor Street, Costa Mesa, addressed COMMUNICATIONS Council's previous approval to establish a program for an avard for the design of a transportation system. He visualizes this amount growing to a much larger sum and offered one dollar toward this effort. Council also donated and passed the money over to the City Manager. He asked that all citizens join in this worthwhile endeavor and also made recommendations for selling "help solve the traffic problems" pins, and conducting school peter contests. COUXIEMANIC Council Member Wheeler recognized Dr. Martin Luther King. COMMENTS Jr. on this holiday for him and asked the people of Costa Mesa to come forward and show the sane type of Martin Luther dedication as Dr. King did in fighting tyranny and King Jr. Day oppression.. Reserve Officer Council Member Hornbuckle congratulated Steve Smith for of the Year be i ng' chosen reserve officer of the year. Executive Director, Council Member Hornbuckle announced that they have Senior Citizens received several applications for the Executive Director Corporation position for the Senior Citizens Corporation. A decision should be made soire tine in March, 1988. Window Signing Council Member Hornbuckle asked that Council join her in taking titre 'to notice signing on windows. She will be . requesting a review of the Sign Code regarding window signing at a future study session. Senior Citizens Council Member Buffa announced that the Senior Citizens Center Corporation Board voted this norning to forward a request to Council to have the Senior Citizens Center located somewhere in Lions Park. Pacific Vice Mayor Amburgey reported on a meeting Mayor Hall and Amphitheater he attended with the Orange County Fair liaison and're- presentatives from the Pacific Amphitheater regarding a cooperative effort for solving problems connected with the operation of the Pacific Amphitheater. He reported that the greeting was very informative, and that a deter- mination as to the degree of cooperation to be expected from the Pacific Amphitheater should be available within the next 30 days. ADJOURNED TO At 10:40 p.m., the Mayor adjourned the meeting to closed CLOSED SESSION session in the first floor conference roan to discuss a parsDnnel natter. The meeting reconvened at 11:45 p.m., and Council announced no action was taken in closed session. ADJOURNMENT The Mayor declared the me a urned t 11:45 p.m. Mayor of the City obsta Mesa ATTEST: ' C ty Clerk of - the City of Costa- M osta.M a 1