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HomeMy WebLinkAbout04/02/1990 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 2, 1990 The City Council of the City of Costa Mesa, California, met in regular session April 2, 1990, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Johnson, Newport Mesa Christian Center. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: None Officials Present: City Manager Alan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris City Clerk Eileen Phinney MINUTES March 19, 1990 On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the minutes of the regular meeting of March 19, 1990, were approved as distributed. ORDINANCES A motion was made by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. PROCLAMATION Mayor Peter Buffa read a proclamation declaring the Building Safety week of April 9-13, 1990, as Building Safety Week, and Week urged the residents of Costa Mesa to become better informed on Building Safety. Assistant Development Services Director/Building, Tony C' DeBaca, accepted the Proclamation on behalf of the Building Division and invited the public and City Council members to tour the Building Division during the week of April 9-13, 1990. ORAL Cary Ward, 126 East 19th Street, stated that in regards COMMUNICATIONS to the General Plan Amendment, he was concerned about the lack of mixed use, and wanted to offer the City Mixed Use some small projects combining store fronts with apart - Land Use ments above them in the downtown area. Mayor Buffa invited Mr. Ward to attend the next General Plan adjourned meeting on April 18, 1990, at 6:30 p.m., to discuss this matter. Orange County Janice Shonauer, 3080 Tyler Way, congratulated Vice Human Relations Mayor Mary Hornbuckle on receiving the Orange County Commission Award Human Relations Commission Award on March 25, 1990, for service to her community. Hoague Barmichael Stephen Park, 1944 Church'Street,-reported that the problems with Hoague Barmichael,have not improved. Share Our Selves Janice Davidson, 1982 Arnold Avenue, asked if there was Rea Community a deadline as to when Share Our Selves (S.O.S.) would be Center moving. Mr. Roeder stated that the City was in the process of litigating Share Our Selves' removal from Rea Community Center. 42 Conflict of Roger Blanchard, 1144 Sea Bluff Drive, stated he felt Interest that the City Council should form an ad hoc committee to make recommendations to avoid "conflict of interest" situations. Share Our Selves Dick Sherrick, 3146 Country Club Drive, mentioned a Donations donation to Share Our Selves from the City of Irvine, and felt the City of Costa Mesa should also contribute to Share Our Selves to keep that organization success- ful, and possibly loan them funds at 2 percent interest for the purchase of its new building. Day hbrkers Richard Goldstein, 1981 Wallace Avenue, spoke on behalf of at Center of PK Burgers, who is experiencing some problems with and Placentia the day workers on his private property. PK Burgers want someone from the City to call them and let them know what they can do to remedy this situation. Council Member Amburgey stated that he would be happy to talk to them if they call him. Request for Jay Humphrey, 1620 Sandalwood Street, referenced his Criteria request at the last meeting regarding a finding on Defining "Conflict of Interest", and asked if the Council had Conflict of moved forward on his request in defining the criteria Interest for a conflict of interest. Mayor Buffa stated that the Council had not been able to have a consenus and suggested that Mr. Humphrey make a formal request in the form of a letter to the Mayor or the City Manager. CONSENT CALENDAR The following item was removed from the Consent Calendar: Item No. 11, Budget Adjustment No. 90-82, for $200,000.00, for upgrading the existing signal system and modifi- cation of the intersection of Harbor Boulevard and Fair Drive. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN On motion by Vice Mayor Hornbuckle, seconded by Council COMMUNICATIONS Member Anburgey, Resolution No. 90-23, A RESOLUTION OF Records Destruc- THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, tion For AUTHORIZING RECORDS DESTRUCTION FOR THE ACCOUNTING DIVI- Accounting SION OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Resolution 90-23 Amburgey, Genis, Glasgow Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, Resolution No. 90-24, A RESOLUTION OF MOTION THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution AUTHORIZING RECORDS DESTRUCTION FOR THE ACCOUNTING 90-24 DIVISION OF THE CITY OF COSTA MESA, PURSUANT TO ORDIN- Adopted ANCE NO. 75-60, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 426 READING FOLDER On motion by Vice Mayor Council Member Amburgey, following Reading Folder processed: Hornbuckle, seconded and carried 5-0, the items were received by and Claims Claims received by the City Clerk: Joanne Brennan; Mary Carpenter; Guardian Savings and Ivan Association; Kassim Saeed Mohamed; Newport Village Apartments; Gretchen Olson; and Lynette M. Rosales. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning Division: Ming Tai, doing Licenses business as Ming's Seafood Chinese Restaurant, 2642 Newport Boulevard; Raed Hassan Ras, Dalal 0. Shalabi, and Othman A. Shalabi, doing business as Country Cousins Market, 1031 E1 Camino Drive; and Kyotaru America Corporation, doing business as Seafood Show, 3099 Bristol Street. Malathion Resolution frcm the City of Lynwood opposing aerial Spraying spraying of the chemical substance Malathion and supporting Senate Bill 1823. Cable Rasolution from the City of Cypress urging the United TV States Congress to revise the Cable Communications Policy Act of 1984 because of the need for greater local goverment regulatory authority. SET FOR PUBLIC HEARING Weed Abatement MOTION Resolution 90-25 Adopted Setting A Public Hearing for April 16, 1990 MOTION Warrants 1461 and 1462 Adopted On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, Resolution No. 90-25, A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND DECLARING THAT RUBBISH AND WEEDS ARE A PUBLIC NUISANCE; DIRECTING THE FIRE CHIEF OR HIS DESIGNEE TO REMOVE SAID RUBBISH AND DESTROY SAID WEEDS AS REQUIRED BY LAW; FIXING THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS; AND DIRECTING THE ABATEMENT OF SAID RUBBISH AND WEEDS, setting a public hearing on April 16, 1990 at 6:30 p.m., was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, Warrant Resolution 1461, including Payroll 9006, and Warrant Resolution 1462, were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the following claims were rejected: MOTION Claims Rejected Adrienne Green, Teresa Hernandez, Santa Ana Heights Water Company, and Richard E. Willson. ,427 AIMINISTRATIVE Staff recommended approval of an agreement with Human ACTIONS Options, Post Office Box 445, South Laguna, for use of space at the Police Facility for counseling clients. Agreement On motion by Vice Mayor Hornbuckle, seconded by Council Human Options Member Amburgey, the agreement was approved, and the Chief of Police was authorized to sign on behalf of the Space At The City. The motion carried by the following roll call vote: Police Facility AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow MOrTION NOES: COUNCIL MEMBERS: None Agreement Approved ABSENT: COUNCIL MEMBERS: None Agreement Staff recommended approval of an agreement with the County of Orange County of Orange, wherein the City of Costa Mesa would grant space at the Westside Substation for Deputy Space at the Probation Officers to counsel and interview adult I%bstside Sub- probationers. On motion by Vice Mayor Hornbuckle, Station seconded by Council Member Amburgey, the agreement was approved.and the Mayor and Clerk were authorized MOTION to sign on behalf of the City. The motion carried by Agreement Approved the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement Staff recommended approval of a reimbursement agreement C. J. Segerstrom with C. J. Segerstrom and Sons, 3315 Fairview Road, and Sons Costa Mesa, to allow participation with the City in expanding the project scope to enhance safety, traffic, Sunflower Avenue and access conditions along Sunflower Avenue, west of Improvements Plaza Drive, with a recommendation that projected trip fees be used to further improve the arterial system in concert with ongoing work. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the agreement was approved, and the Mayor and Clerk were MOTION authorized to sign on behalf of the City. The motion Agreement Approved carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Vice Mayor Hornbuckle, seconded by Council No. 90-81 Member Amburgey, Budget Adjustment No. 90-81, for Intersection $868,155.00, to improve intersections of Bristol Street Improvements at Bear Street and at Sunflower Avenue, was approved by the the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Adjustment Amburgey, Genis, Glasgow Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bristol Park Staff, recommended approval of an agreement with Bristol Investment Group Park Investment Group No. 1, 3160 Red Hill Avenue, No. 1 Costa Mesa, for acquisition of a 3.00 -foot wide easement dedication at 722 Baker Street for $35,344.00. Easement At On motion by Vice Mayor Hornbuckle, seconded by Council 722 Baker Street Amburgey, the agreement was approved and.the Mayor and Clerk were authorized to sign on behalf of the City. MOTION The motion carried by the following roll call vote: Agreement AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 3 Notice of Completion The Fairview Road Slope Improvements were completed on Ryco Construction March 23, 1990, by Ryco Construction Company, Post Fairview Road Slope Office Box 327, Gardena, to the satisfaction of the Improvements Director of Public Services. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the MOTION improvements were accepted; the Clerk was authorized to Improvements file a Notice of Completion; authorization was given to MOTION release retention funds 35 days thereafter; the Labor Improvements and Material Bond was ordered exonerated 7 months there - Accepted after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the follow- ing roll call vote: AYES:, COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion The Harbor/Maple Storm Drain Phase II Improvements Aman Brothers were completed on October 12, 1989, by Aman Brothers, Harbor/Maple Storm Incorporated, 614 East Edna, Covina, to the satis- Drain Phase II faction of the Director of Public Services. On motion by Vice Mayor Hornbuckle, seconded by Council Member MOTION Amburgey, the improvements were accepted; the Clerk was Improvements was authorized to file a Notice of Completion; authori- Accepted zation was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote. AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Sole Source 'Staff requested authorization to purchase 770 gallons Purchase From of yellow traffic paint and 770 gallons of white Pervo Paint traffic paint from sole source vendor, Pervo Paint Company, 6624 Stanford Avenue, Los Angeles, for MOTION $12,026.44. On motion by Vice Mayor Hornbuckle, Purchase Approved seconded by Council Member Amburgey, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MDIBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment Item 11 on the Consent Calendar was presented: Budget No. 90-82 Adjustment No. 90-82, for $200,000.00, to provide an Harbor/Fair adequate appropriation to upgrade the existing signal Improvements system and modify the intersection of Harbor Boulevard at Fair Drive. Richard Goldstein, 1981 Wallace, requested confirmation that the amount of Budget Adjustment No. 90-82, was $200,000.00, which was confirmed. MOTION Vice Mayor Hornbuckle stated that this money was coming Adjustment Approved from trip fees that have been collected from developers and made a motion for approval of Budget Adjustment No. 90-82. The motion was seconded by Council Member Amburgey, and carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 11 429 ANNOUNCEMENTS Mayor Buffa announced that he had received a request Ordinance 90-3 that the adoption of Ordinance No. 90-3 be continued to City -Owned Council meeting of April 16, 1990, and stated that the Surplus Property disposition of City -owned property at 2157 Harbor Boule- vard and 510 Victoria Street would be removed from the agenda for later consideration. PUBLIC HEARING The Clerk announced that this was the time and place R-90-O1/PA-90-33 set for the public hearing, continued from the meeting Elliott/Gist of March 19, 1990, for Rezone Petition R-90-01, Van Elliott, 135 Commercial Way, Costa Mesa, authorized agent for Dorie L. Gist, 2109 Valley Read, Costa Mesa, to rezone property at 2109-2115 Valley Road from R1 to PDR -MD. Environmental Determination: Negative Declara- tion. The Clerk also presented the following items for the subject property: Planning Action PA -90-33, Craig Hampton, 18102 Sky Park South, Irvine, authorized agent for Dorie Gist, for a Planned Development Review for 8 detached single-family homes, with a variance from front setback requirements (25 feet required, 18 proposed). Report on Site -Specific Land Use Element Map Amendment - Site 18, along Valley Circle, Ridgecrest Circle, Sea Bluff Drive, and Valley Road. Ccmmunications were received in opposition to the rezone from Robert Domabyl, 1136 Sea Bluff Drive and Sharon Sammann and Judianne Kelly, 1115 Ridgecrest Drive. The Deputy City Manager/Development Services stated that the Council had three items to consider: R-90-01: The General Plan for this property and the surrounding area is a medium density residential, which is 8 to 15 units per acre. The Zone is R1. Mr. Lamm stated that, under current law, zoning must be consistent with the General Plan. PA -90-33: Code requires a 25 -foot front setback, however, the Planning Commission approved a maximum of 23 feet. Site Specific Land Use Element Map Amendment: The Deputy City Manager/Development Services stated that if the rezone were approved, the General Plan would not need to be changed; if rezone were denied, the General Plan should then be changed from Medium Density Residential to Low Density Residential. The Deputy City Manager/Development Services, reported that the Planning Commission's vote concerning this rezone was 2-2, with one abstension. Craig Hampton, 2405 La Mesa Court, architect for the applicant, explained that their request is for 8 de- tached single-family homes. An overlay was displayed to indicate Site Area 18, and Mr. Hampton showed that variances had been granted on other properties in this area which are zoned R1. .. ' 430 Mr. Hampton also stated that setbacks of 5 feet to a two -car garage, had been granted on other proper- ties within this area. He indicated their proposal for 8 units per acre, with 4,950 square feet per unit, was more in keeping with City requirements than that which had been previously approved. Mr. Hampton pointed out that there are 39 residences located in Site 18, and that 32 of those have a higher density than his proposal, and although the PDR -MD zone would allow 7 to 13 units on site, they are proposing 8 units. Mr. Hampton stated the PDR -MD Development Review portion of their request met three of five criteria to judge the project's design. Mr. Hampton explained that they are providing two -car garages, an additional 4 feet in depth to provide for extra storage, four guest stalls on site, and a two -car driveway in front of each garage. Regarding the 5 -foot setback, Mr. Hampton stated they are proposing to eliminate all windows in the master bedroom, leaving one opaque, nonoperable window in master bathroom, with a sill height of 5 feet, 2 inches, offering privacy for neighboring yards. Mr. Hampton related that the PDR zone requires a 25 -foot buffer from a public street and they are proposing a 20 - foot buffer as required by R1 and R2 standards. Mr. Hampton noted that they would be willing to con- dition this project, i.e., a development agreement, a conditional rezone, or a deed restriction. Mayor Buffa reiterated Mr. Hampton's statement that he would be willing to accept a limitation of 8 units for the project. Mayor Buffa also noted that, as part of the PDR application, there were a number of con- ditions in the staff memo dated March 29, 1990. Mr. Hampton stated he was in agreement with all conditions. The Deputy City Manager/Development Services and Craig Hampton, Project Architect, answered questions from Council regarding the inconsistencies of existing zoning and the General Plan, as well as existing setbacks in the surrounding area. Ron Amburgey, 2736 Cibola Avenue, gave his opinion on the previous land use designation. Public Comments Paula Litton, 1161 Gleneagles Terrace, stated that this in Opposition property is currently zoned Rl, for six homes, which to Request would be compatible with the neighborhood. She urged Council to vote against the rezone petition. Dick Sherrick, 3146 Country Club Drive, expressed his concern that this project would have an adverse effect on traffic patterns and requested that Council follow staff recommendations to deny the request for a rezone. Robert Domabyl, 1136 Sea Bluff Drive, was concerned about traffic and parking problems, stating that the 32 -foot streets would be impacted by recreational vehicles being parked on them. Mr. Domabyl felt a major concern is the backyard/sideyard setbacks, and stated that 5 homes would be more compatible to everyone's needs. He urged the Council to vote no on the Rezone Petition. Terry Douglas, 1149 Sea Bluff Drive, stated that he had done his own traffic survey and was concerned about recreational vehicles being parked on the streets. Mr. Douglas also addressed noise, and noted that four of the proposed homes would be adjacent to a commercial strip which contains a bar and a karate studio. Mr. Douglas expressed his desire that Council deny this request. David Burns, 1112 Ridgecrest Circle, stated his concerns regarding traffic, noise, and parking, and requested Council to deny the rezone. Roger Blanchard, 1144 Sea Bluff, noted that privacy would became a major problem and proposed that Council decline this rezone. Sonja Abels, 1160 Gleneagles Terrace, felt the area was incorrectly zoned R2 and took umbrage at the suggestion that all of the neighborhoods should be changed to R2. Ms. Abels stated there was no room for children and felt the neighborhood would become transient. Ms. Abels asked for clarification of the lot size, and the Deputy City Manager/Development Services responded that the lot size is 39,621 square feet. Ms. Abels stated that she is against the rezone petition. Rob Robinson, 1103 valley Circle, stated that the neigh- borhood currently has a major parking problem and felt that the proposed rezone would not remedy the problem, but would actually reinforce it. Mr. Robinson expressed his dissatisfaction with the number of homes proposed as well as the 5 -foot setback. He also referred to -a petition signed by residents of 89 of 110 homes, against the rezone and urged the Council to take into account the wishes of homeowners in the surrounding neighbor- hood. Michael Oliver, 1111 valley Circle, wanted to register his opposition to this project and stated that six homes could be built on this site without adversely affecting neighbors on Sea Bluff Drive. Jeffrey Childs, Acting President of Marina Highlands Homeowners Association, was opposed to the project and felt that a 16 -foot wide street was not accceptable. Craig Hampton, Project Architect, recapped some of his earlier comments for the Council. RECESS Mayor Buffa declared a recess at 8:30 p.m., and the meeting resumed at 8:45 p.m. Jay Humphrey, 1620 Sandalwood, requested that Council Members Amburgey and Glasgow abstain from voting on this item. There being no other speakers, the Mayor closed the public hearing. Council Member Glasgow felt that the parking concerns and requirements had been satisfied and stated that due to scarcity of land in Costa Mesa, neighbors are closer than we would like them to be, but in order to meet the demands for single-family detached hones, this sometimes becomes necessary. -432 MOTION A motion was made by Council Member Glasgow, seconded Negative Declara- by Council Member Amburgey, and carried 5-0, to adopt ation Adopted the Negative Declaration of Environmental Impact for for R-90-01 Rezone Petition R-90-01. MOTION A motion was made by Council Member Glasgow, seconded Ordinance 90-4 by Council Member Amburgey, to give first reading to Given First Ordinance 90-4, AN ORDINANCE OF THE CITY COUNCIL Reading OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT 2109-2115 VALLEY ROAD FROM R1 TO PDR -MD, approving Rezone R-90-01, with a recommendation than an enabling provision be placed in the General Plan modifications that would allow Planned Development IoW Density to take advantage of innovative planning. Council Member Amburgey referred to recent articles appearing in a local newspaper, stating that the facts had been distorted and that the community had been mislead, making it necessary for him to respond. Council Member Amburgey felt he would be doing a dis- service to those residents who elected him, were he to refrain from voting on this rezone petition. He said that he owed it to everyone involved to cast his vote so that residents of Costa Mesa are represented fairly and accurately. Council Member Amburgey felt this was a good project and stated that he would support and encourage single-family detached homes on smaller lot sizes. Council Member Amburgey felt the Council should encourage staff to research and come back with a method which would accom- modate a rezone on lot sizes of less than 6,000 square feet in a planned project. Council Member Genis concurred with Council Member Amburgey on restructuring planning regulations. She felt that while this was a request for 8 units to be built, Council would actually be approving 13. Council Member Genis also felt that the problem of inadequate parking had not been remedied. Substitute A motion was made by Council Member Genis, seconded Motion to by Vice Mayor Hornbuckle, to deny the rezone. Vice Deny Rezone Mayor Hornbuckle stated that she was in favor of R-90-01 keeping R1 zoning, because of parking concerns. Mayor Failed To Carry Buffa stated he would not support the substitute motion because the proposed project offered a move in the dir- ection of increasing the stock of single-family homes. Council Member Genis pointed out that because this is a single R1 lot, 7 units could not be placed on the parcel without discretionary action by the Council; there would at least need to be a tract map. The substitute motion to deny Rezone Petition R-90-01, failed to carry 3-2, with Council Members Buffa, Amburgey and Glasgow voting no. The motion to give first reading to Ordinance 90-4 carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Hornbuckle, Genis ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Glasgow, seconded by Council Negative Declara- Member Amburgey, and carried 5-0, the Negative Declara- tion Adopted for tion of Environmental Impact for Planning Action 90-33 PA -90-33 was approved. F� Motion To Council Member Genis made a motion, seconded by Vice Approve PDR Vice Mayor Hornbuckle, to approve the Planned Deve- and Deny lopment Residential with the added condition that Variance 10 -foot setbacks be maintained adjacent to the homes Failed To Carry on Sea Bluff Drive and the variance from the front setback requirement be denied. Vice Mayor Hornbuckle pointed cut that there is a section of the house that extends into that 10 -foot setback, but the main part of the house seems to be set back about 12 feet, and agreed with Ms. Genis that it might require some re -working of the plans. The Deputy City Manager/Development Services stated that on Valley Road the Code requires a setback of 25 - feet frau the structure to the property line and the Planning Cotanission recommended a 23 -foot setback. Council Member Genis stated she would be amenable to 23 feet, and asked if that would be acceptable to the seconder. The motion failed to carry 3-2, Council Members Buffa, Amburgey, and Glasgow voting no. Substitute A motion was made by Council Member Glasgow, seconded Motion by Council Member Amburgey, and carried 3-2, Council Approved oil Members Hornbuckle and Genis voting no, to approve PA -90-33 PA -90-33, based on the analysis, findings and con- ditions in the Staff Report; with an additional finding that a special use would not be granted to this property that is not enjoyed by similar properties in the area; and adding a condition, proposed by the Architect, that the windows on the south side of those four houses be eliminated except for the opaque bathroom windows. Mayor Buffa clarified that the motion was for 8 detached single-family homes or less. The Deputy City Manager/Development Services requested clarification of the motion regarding the variance being approved. Council Member Glasgow stated his motion was based on the recommendations from the Planning Commiss- ion for a 23 -foot setback along Valley Road. Site 18 Report The Deputy City Manager/Develcpme nt Services stated that No Action the report on Site 18 was for information purposes and Required no action was required. PUBLIC HEARING The Clerk announced that this was the time and place Griffith/Burge set for the public hearing, for Dwight J. Griffith, 2121 East Coast Highwsay, Suite 280, Corona del Mar, authorized agent for Gary 0. Burge D.V.M., 736 1�hialers Way, Suite F-250, Fort Collins, Colorado, for the Newport Animal Hospital at 125 Mesa Drive. The Affi- davit of publication is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services stated that this property is now called legal nonconforming and cannot be expanded upon unless a zone change is granted. Newport Animal Hospital's proposed development plan and expansion will require a General Plan change from a medium density to neighborhood commercial, and a rezone from the R2 multiple residential to Cl zone. Planning Commission recommended adoption of both the General Plan and Zone Change. Larry Hogle, Hogle and Associates, 19752 McArthur Boulevard, Suite 210, Irvine, representing the applicant, stated they agreed with the reconmendations by staff and the Planning Commission, and also that the .35 floor area ratio (FAR) was also acceptable to them and rm t their expansion/ remodeling plans. Mr. Hogle said they will agree to a specific plan require- ment or any similar requirement to provide assurances regarding future developments, that the City might need. Mr. Hogle reported that Newport Harbor Animal Hospital would like to remodel the facility to provide better service to existing clientele, to improve facility and operation problems, i.e., parking, vehicular circulation, and outdoor animal runs. Dr. Gary Burge, current owner of Newport Animal Hospital, stated that they had remodeled as far they could with the existing facility and that the design was very poor for their type of service, especially parking. Dr. Burge also reported they had hired an architect to come up with a workable plan. He feels that since the animal hospital has been operating since 1946, the location is a valuable asset because of familiarity with the site. Ton Carpenter, a partner in the Newport Animal Hospital, reported that their main concern was to improve their facility to keep up with the times. 6\hiile they still want to maintain the original atmosphere, he stated they were severely limited with parking and the number of exam rooms. Jan Luymes, 592 Park Drive, asked the Council if they were to approved the requested General Plan Amendment, would they direct staff to develop a specific plan with regard to FAR or %ere they planning to implement one at that meeting, and if so, what would it be. The Deputy City Manager/Development Services stated that staff did not recommend preparation of a specific plan for this site. The Planning Commission does recommend a specific plan or some other mechanism if the site is to be restricted to .35 FAR. MOTION Vice Mayor Hornbuckle made a motion, seconded by Negative Council Member Amburgey, and carried 4-1, with Council Declaration Member Glasgow voting no, to adept the.Negative Adopted Declaration for Environmental Impact. Council Member Amburgey mentioned that the Council had previously discussed conditioning the property in some way so that its use would be for an animal hospital only. The Deputy City Manager/Development Services stated there were few, if any, ways to condition property at this meeting. He stated that staff could cone back, subsequent to the zoning, with a specific plan and an ordinance, which would outline both intensity units and use, although it would be very unusual. City Attorney Thomas Kathe concurred with Mr. Lamm, that a specific plan is normally not used for one speci- fic property, stating they would have to go through the General Plan procedures, i.e., Environmental Impact Report, and same notice and hearing procedures. Mr. Kathe stated the resolution would limit FAR and the use would be limited by the Conditional Use Permit. 11 A G Resolution A motion was made by Vice Mayor Hornbuckle, seconded No. 90-26 by Council Member Amburgey, to adopt a Resolution No. GP -90-01 90-26 approving GP -90-01, A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING MOTION GENERAL PLAN AMENDMENT GP -90-01, AMENDING THE GENERAL Failed to CITY PLAN OF THE CITY OF COSTA MESA. The motion failed Carry to carry with Council Members Buffa, Genis, and Glasgow voting no. SUBSTITUTE A motion was made by Council Member Glasgow, seconded by MOTION Council Member Genis-, and carried 5-0, to continue this item to the regular City Council meeting of April 16, 1990. PUBLIC HEARING The Clerk announced that this was the time and place PA -90-26 set for the public hearing for appeal of the Planning James Kaviani Commission's denial of Planning Action PA -90-26, from James Kaviani, 19 Belmont, Newport Beach, for a variance from frau maximum number of stories (two permitted; three pro- posed) to legalize a third -story addition made to a two-story residential condominium located at 2563 Orange_ Avenue in an R2 zone. Environmental Determination: Exempt. The affidavit of publication is on file in the Clerk's office. One communication was received from Joanne E. House, 2554 Elden Avenue, C104, opposing this variance. The Deputy City Manager/Development Services stated that the the owner of this condominium unit at 2563 Orange (Unit E2) constructed a loft above the second floor, inside the unit. Under City's Zoning Code, it is tech- nically a third -story which the City does not allow without the issuance of a variance. The infraction of the code was caught while under construction. They were told to remove it and recently a building inspector was back to the site to inspect a spa and caught it again. The Planning Commission has recommended denial of this variance, however, staff did recommend approval of the variance at that point, feeling that since it was inter- nal to the building and the only change on the outside of the building was the addition of one window. The property owner has agreed to remove the window. Mr. Lamm also reported that there are no permits for this loft. James Kaviani, 19 Belmont, Newport Beach, stated that he felt the denial of the variance would deprive him the privileges enjoyed by other condominium owners. Mr. Kaviani reported that the mezzanine was constructed during framing and the rough stage was approved by the building inspector. It was at final inspection that the question was brought regarding whether the mezza- nine was on the plans. No one else wishing to speak, the Mayor closed the public hearing. MOTION On motion by Council Member Glasgow, seconded by Council Member Amburgey, and carried 5-0, the Variance Council denied the request for variance to legalize Denied a third -story addition made to a two-story residential condominium. RECESS The Mayor declared a recess at 10:15 p.m., and the meeting reconvened at 10:30 p.m. PUBLIC HEARING the Clerk announced that this was the time and place Appeal set for public hearing for the application from Allan L. Selection Davis, President, United Metric Development Corpora - of Champion tion, 4701 Von Karman, Newport Beach, appealing the Development Redevelopment Agency's selection of Champion Develop- ment as the firm with which to enter into an Exclusive Negotiating Agreement for development of Parcel "A" Agency located at the northwest corner of 18th Street and Parcel A Newport Boulevard. The affidavit of publication is ,on file in the Clerk's off icea One communication was received from Interstar Manage- ment, Incorporated, managers and present owners of Costa Mesa Courtyards, expressing concern about potential impacts of the proposed split-level, two-story design. The City Manager stated that he had asked Ann Gyben, a member of his office who worked with the Redevelopment office and several other departments in going through the initial evaluation, to make a brief presentation and provide some background. Mr. Roeder added that repre- sentatives from all of the departments who were involved in the original analysis of the proposals were present to answer any questions Council might have. Ann Gyben confirmed that Champion Development Company was selected by the Redevelopment Agency on March 7, 1990, after a long process. Ms. Gyben pointed out that Costa Mesa Dental Properties had submitted a letter requesting a re -hearing and item is scheduled for the Redevelopment Agency Meeting on April 11, 1990. , Allan Davis, 208 Emerald Drive, Laguna Beach, presi- dent of United Metric Development Corporation, and an applicant on the appeal, stated that he felt his company had provided the best solutions in the areas of complimentary use and the proper retail mix related to the present Costa Mesa Courtyards. Jerry McClellan, 1879 Newport Boulevard, Costa Mesa, felt the United Metric Development Corporation's pro- posal was more sensitive to their needs, allowed amenities they presently have, addressed parking problems, with no condominium requirements, and was scheduled for rapid completion. Mr. McClellan stated they had tried to set up an appointment with Champion Development but had received no communication from Mr. Champion. Allan Davis, 208 Emerald Drive, Laguna Beach, gave a single -page handout to each Council member to depict what they were trying to convey in words. Mr. Davis stated they had set the parking structure back an additional 5 feet and planned to plant palm trees, and had recessed the corner of the parking structure to increase the view of the park by Casa Bella residents, and felt they had addressed the egress of the project onto Newport Boulevard. Mr. Davis noted that the City Transportation Services Department recommended only minor modifications to that egress and ingress plan to relocate the driveway to the north. He requested that Council overturn the Redevelopment Agency decision of March 7, 1990, and select United Metric as the firm to enter into an exclusive negotiating agreement for the development of Parcel A. 1 �. re7 John Champion, 3734 McNab, Long Beach, stated they had purposely designed their plans so that their tenants would not be in direct competition with the adjoining Courtyards proposal or with the planned Triangle Square. Mr. Champion stated.that he had met with the Costa Mesa Dental Properties on a couple of occasions, and made allowances to accommodate them with frontage on Newport Avenue. They did not contact Costa Mesa Dental Proper- ties after the hearing because they learned that they, along with United Metric, would be filing appeals for a re -hearing, and felt it would be unproductive to enter into discussions with them until this issue was re- solved. Mr. Champion stated that their plan was flexible and could accommodate whatever needs were necessary Mr. Champion said their plan was flexible and could accommo- date whatever needs were necessary to make this a suc- cessful project. Mr. Champion requested that United Metric's appeal be denied. Frank Flores, 1879 Newport Boulevard, agreed that Costa Mesa Dental Properties had met with Champion Development on two occasions, where the subject of air rights was brought up. Mr. Flores stated that they currently have 12,000 square feet of land and that, if they are to be replaced in kind, that 12,000 square feet of land would have to be on Newport Boulevard with a frontage of 100 feet. Mr. Flores felt that neither of Champion Develop- ment's 5,000 -foot pads addressed that fact. Mark Vroegindewey, 275 Albert Place, supported the Redevelopment Agency's decision to go with Champion Development, believing it would be the least departure from what is currently on Newport Boulevard. Jan Luymes, 592 Park Drive, a member of the Redevelopment Advisory Committee, supported the Redevelopment Agency's selection of Champion Development John DeWitt, 2000 Balearic Drive, also a member of the Redevelopment Advisory Committee, stated that flexi- bility was paramount in this project and he approved of Redevelopment Agency's selection of Champion Development. Vice Mayor Hornbuckle expressed her concern that Costa Mesa Dental Properties be properly cared for and all of their needs met. MOTION Vice Mayor Hornbuckle made a motion, seconded by Failed to Mayor Buffa, to overturn the Redevelopment Agency's Carry decision of March 7, 1990, and to select United Metric for the development of Parcel A. Vice Mayor Horn - buckle shared that the Advisory Committee, as a whole, voted to accept the United Metric proposal and felt it was important that the Council be very clear as to the opinions of the dental group, because they will be property owners, not tenants. Council Member Genis requested confirmation from Champion Development that Costa Mesa Dental Properties would have their own property, a separate building, and no condominium situation. John Champion, 3437 McNab, Long Beach, confirmed that Champion Development is prepared to give the Costa Mesa Dental Properties a 12,000 -foot, free standing pad, in fee, with a common wall between their development and the dental group. 143 . SUBSTITUTE MOTION Upheld Selection of Chamption Development for Parcel A Mr. Champion stated there would be no "condominium rights." Costa Mesa Dental would have a separate parcel and would simply pay their share of the expenses for the parking lot, otherwise, it would be a totally separate parcel, with no air space rights above. He stated that according to plans provided in March, they will have a separate building with one demising wall, being a common wall between the two developments. Council Member Amburgey stated that he felt that either of the two projects will support the dental properties. Council Member Amburgey offered a substitute motion, seconded by Council Member Glasgow, and carried 3-2, with Council Members Buffa and Hornbuckle voting no, to deny the request for appeal and direct staff to pursue negotiations with Champion Development. Further discussion involved Costa Mesa Dental Properties being located on two floors, which was unacceptable to the dental group. Champion Development volunteered that their plan had the capabilities to accommodate the dental group's needs, whatever they might be. Mr. Champion stated they could adjust their design so there would be no second floor above the dental group, or design a project where there would be property above them and either do a lease situation or some sort of shared situation. OLD BUSINESS Mayor Peter Buffa stated that Council had received a Ordinance 90-3 request for this item to be continued to the meeting Planned Signing of April 16, 1990. On motion by Council Member Amburgey, Continued seconded by Council Member Glasgow, and carried 5-0, the continuance of Second Reading and Adoption or Ordinance No. 90-3, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 5 OF THE COSTA MESA MUNICIPAL CODE REGARDING SIGN REGULATIONS PERTAINING TO SPECIAL EVENT SIGNING, PLANNED SIGNING PROGRAMS, AND MINOR VARIANCE PRO- CEDURES; AND AMENDING TITLE 13 REGARDING ADMINISTRATIVE ADJUSTMENTS, was continued to the meeting of April 16, 1990. Resolution 90-26 The Deputy City Manager/Development Services gave a Authorizing Sale brief summary stating that at the regular City Council Surplus Property meeting of March 19, 1990, the Council had declared the at 1970 Church St. property at 1970 Church Street as surplus and directed the City Attorney to develop a resolution authorizing sale of the property. Adopted On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, Resolution No. 90-26, authorizing the sale of surplus at 1970 Church Street, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING 1970 CHURCH STREET A SURPLUS PROPERTY AND DECLARING ITS INTENTION TO DISPOSE OF SAID SURPLUS REAL PROPERTY. Satellite City Manager Allan Roeder, referred to March 19, 1990, Wagering at Council Meeting, where Council considered a resolution Orange County opposing satellite wagering at Orange County Fairgrounds Fairgrounds Staff provided two resolutions as options as well as preliminary information regarding other facilities and activities involved with satellite wagering. Norb Bartosik, General Manager of Orange County Fair- grounds, 88 Fair Drive, explained the concept of satellite wagering and stated that Assembly Bill 4239 would allow the Orange County Fairgrounds the same privileges as other fairgrounds in the State, and showed slides from other facilities to show some of the amenities avail- able. } 439 Mr. Bartosik also showed slides of improvements they had been able to put back into the facility, and discussed programs designed to give back to the community, including the Youth Expo. Slides were shown indicating statistics on revenues which could be used to improve existing fair- grounds, as well as benefits to State, County, and City agencies. Mr. Bartosik stated that their traffic study proposed mitigation measures that would require the Fair- grounds to spend in excess of $2.5 million, and explained the process and time frame for obtaining the permit for building a facility for off-track or satellite wagering. Mr. Bartosik mentioned that in 1989, the Fairgrounds Board authorized a traffic study to deal with the con- cern of traffic, parking and traffic management. He said portion of this study had already been implemented, including the new bus pocket on Fair Drive, a dedicated right -turn lane into Vanguard, the improvements of two right -turn lanes into the main entrance, along with other improvements there. Mr. Bartosik referenced Civic Center meetings with representatives of Costa Mesa Police Department, neighboring colleges, local school districts, swap meet, and the Pacific Amphitheater, where a major concern had been traffic, with a strong emphasis placed on scheduling and coordination of all events. The Orange County Fairgrounds Board of Directors agreed to relocate the proposed betting facility to the east end of the fairgrounds, in an effort to be sensi- tive to comments of Council and surrounding neighbors, and Mr. Bartosik showed a map of old and proposed new location of the facility. He noted one of the concern was the criminal element and stated that he had packets to be handed to each Council Member, reporting no in- crease, obtained from reports from betting facilities throughout the State. Mr. Bartosik brought up the increase of employment, or approximately 150 new jobs a year. He stated this facility would add to the tax base of the Community in a direct on-going revenue base to the City of Costa Mesa, based on projections, that could generate between $500,000:00 and $700,000.00 per year. Mr. Bartosik asked Council's support on this project. Rick Kane, Executive Director of the California Auth- ority of Racing Affairs, 111 Howe Avenue, Sacramento, explained the function of his organization in connection with satellite wagering for live racing at fairgrounds in the State of California. Mr. Kane gave background of satellite/paramutuel wagering, stating the California Legislature adopted the satellite wagering legislation in 1985 for the fair industry, as a funding source and as an additional entertainment activity. -Mr. Kane referenced the staff memo dated March 30, 1990, and the concern of proximity of churches and schools to this facilty and stated they had no noted instances of problems in that area. He also indicated that security would be a major priority of the facility. In answer to a question from Council Member Amburgey, City Manager Allan Raeder, responded that the bill must be out of the first Assembly Committee by the end of the month of April, and out of the House by the end of June, in order to be taken up by the Senate, for a possible effective date in 1991. Roy Andreen, 2769 Cibola Avenue, representing the Mesa del Mar Home Owner's Association, read a letter directed to the Orange County Fairgrounds Board, with carbon copies to Assemblyman Gil Ferguson and to the Costa Mesa City Clerk. Mr. Andreen gave a copy of the letter to the Clerk. s .,A 440 Lester Zeff, 2513 Davis Place, stated he is in favor of the location of this facility at the Orange County Fairgrounds. Norm Snow, 2746 San Juan Lane, felt the fairgrounds was established to have a county fair, not to create a new municipality who answers to no established local authority. 'Mr. Snow asked the Council to return the sanctity and serenity of their homes and deny this request. Ernie Feeney, 1154 Dorset Lane, requested a seven -minute presentation, and that the Council make a statement to the residents of this City that they will not support this'activity, being pushed by the nine Fair Board directors, as well as the General Manager of the Fair- grounds, none of whom live in Costa Mesa. Ms. Feeney stated that the Fairgrounds is a State -operated facility that happens to be within the boundaries of our City limits, and everyone had been told that they have no control over what happens at the fairgrounds. Ms. Feeney feels we finally have an opportunity to make a strong statement. Ms. Feeney stated that Mr. Ferguson appeared to be very concerned about our fairgrounds being the only one without offtrack betting, however, he failed to mention -that we have the distinction of being the only fairgrounds with an 18,500 seat amphitheater, that has been in litigation for over five years because of noise, traffic; parking, and etc. Ms. Feeney stated that satellite wagering would occur approximately 250 days per year, with Monday and Tuesday dark, and that Saturday and Sunday would probably be their biggest days. She reported that with a minimum of 1.5 persons per car, that would be an additional 2,667 automobiles looking for parking. She said that on weekends, the swap meet consumes the entire parking lot, then there are the other activities booked. She mentioned that the Swap Meet contract runs through 1992, and asked if the Swap Meet lease would be renewed and if new master plan indicated the swap meet continuing along with the off-track betting. Ms. Feeney asked the Council to discount the argument that these 2,667 additional cars will be arriving by freeway and exiting Fair at Mesa Drive. MOTION On motion by Council Member Genis, seconded by Council Speaking Time Member Glasgow, and carried 4-1, Council Member Amburgey Extended voting no, Ms. Feeney was granted two more minutes to speak. Ms. Feeney reminded the Council that this is a govern- ment operation on government property, and is supposed to be acting in the best interest of the citizens, and she asked how gambling would benefit the citizens'of Costa Mesa. Ms. Feeney asked the Council to please side with the residents of Costa Mesa. John Morlock, 3169 Madiera, serving as president of the Costa Mesa Republican Assembly, does not feel this type of activity is needed in the City. Mr. Morlock expressed concern about the traffic that will be gener- ated and does not feel that the benefits would outweigh the problems. He urged the Council to oppose Assembly Bill 4239. Janice Davidson, 1982 Arnold Avenue, stated it is impossible to get into the fairgrounds and requested Council to support the residents. 1 1 RECESS Dick Sherrick, 3146 Country Club Drive, opposes off-track betting and requested Council to continue to oppose this project. Frank Cole, 2482 Fairview Way, speaking on behalf of the Fairview Village Homeowner's Association, showed a document distributed by the Fair Board with dollar designations for various improvement projects, which also stated that the increasing non -fair activities generates a greater amount of added revenue. Mr. Cole suggested that the Orange County Fairgrounds had outgrown its position in the community and thought perhaps that piece of property should be filled with houses. John Feeney, 1154 Dorset Lane, stated that the Fair Board obviously doesn't know what is going on in Costa Mesa, since the City has more jobs than homes, and that there would be restrictions on any money the City might gain from this facility. Mr. Feeney suggested to the Fairgrounds that they clean up the mess they currently have before they start making another one. Mr. Feeney said that the Council's decision would be very important to him. The Mayor declared a recess at 1:00 a.m. and reconvened at 1:12 a.m. A motion was made by Council Member Glasgow, seconded by Council Member Genis, to adopt the resolution , opposing satellite wagering at Orange County Fair- grounds. Vice Mayor Hornbuckle and Council Member Genis reported on their visit to Cal -Expo in Sacramento. Council Member Amburgey attended a satellite wagering facility in Indio over the weekend and through employees, learned they have about 250 automobiles, largest number of people would arrive just prior to first post and leave just after the last post. Mr. Amburgey felt the traffic situation would definitely have to be addressed and suggested that if the City helped the Fairgrounds Board mitigate traffic problems, they might be able to do something about their own traffic problems. Vice Mayor Hornbuckle expressed concern that legis- lation had been proposed in such a hasty manner, and the City had not had a chance to investigate what it would really mean to Costa Mesa. Ms. Hornbuckle stated that the City was assured of drawing people from a large area and that it would mean traffic impacts on streets all around the City. Council Member Genis stated that this facility would bring in 2,300 to 3,00 people per day. Ms. Genis also stated that she felt there had been no effort to include the City in this event, nor had their been any sensi- tivity shown to the people of the City and the residents around the fairgrounds. Mayor Buffa did not feel there was enough information to act on this resolution. He referred to the resolution that states, "The City Council finds that the establish- ment of satellite wagering would increase traffic grid- lock." The Mayor stated that there have been no studies done and there are no numbers about how many people this facility would bring to the fairgrounds. 441 OEM Mayor Buffa also pointed out a sentence in the resolu- tion which states ".....establishment of satellite wagering at this site would be incompatible with the nature of the surrounding community, which is solely residential. Mr. Buffa felt the Council should neither oppose nor support the resolution at this meeting, but believes the City should communicate with Assemblyman Ferguson to find out exactly where this bill stands. Amendment To Council Member Genis asked if the maker of the motion Motion entertain an amendment to change the wording in the ,resolution to say "which is primarily residential, and which includes two churches, a high school, a city park, two colleges, and City Hall?" Council Member Glasgow agreed to the amendment to Resolution B. Change of Wording Vice Mayor Hornbuckle asked Council Member Glasgow if to Motion he would entertain including a change of wording from City Council "finds" to City Council "fears" in his motion. Council Member Glasgow agreed to change of wording. Resolution 90-27, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INDICATING OPPOSI- TION TO THE AUTHORIZATION OF SATELLITE WAGERING ON THE GROUNDS OF THE ORANGE COUNTY FAIRGROUNDS, AND SPECIFY- ING CONDITIONS ON ANY EVENTUAL SATELLITE WAGERING FACI- LITY WHICH MAY BE ESTABLISHED BY STATE AUTHORITIES OR LEGISLATORS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: _Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: Buffa, Amburgey ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Disposition of Surplus Property at 2151 Harbor Disposition of City- Boulevard and 510 Victoria Street was taken out of owned Surplus Prop- order and on motion by Vice Mayor Hornbuckle, seconded erty at 2151 Harbor Council Member Genis, and carried 5-0, was removed from Boulevard and 510 the agenda until the City Manager returns it to the Victoria Street agenda. Supplement No. 1 A motion was made by Council Member Amburgey, seconded MOTION by Council Member Glasgow, and carried 5-0, to adopt Parkway Maintenance Supplement No. 1, to the recently adopted Parkway Main - and Tree Preser- tenance and Tree Preservation Policy regarding the vation Policy mechanism to allow certain destructive trees to remain Adopted in an existing parkway and staff was directed to deve- lop an agreement to achieve the guidelines of this supplement. Supplement No. 2 A motion was made by Council Member Glasgow, seconded MOTION by Council Member Amburgey, to provide for cost of installing a meandering walk along an entire property Failed to frontage where less than 50 percent is presently Carry damaged. Motion failed to carry with a vote of 3-2, Buffa, Hornbuckle and Genis voting no. Request to Council Member Amburgey requested to rehear Planning Rehear PA -88-132, Action PA -88-132, Robert R. "Zeb" Ziemer, Henry and Goat Hill Tavern Harry's Goat Hill Tavern, 1830 Newport Boulevard, for renewal of a previously approved Conditional Use Permit for expansion of an existing bar within 200 feet of residential property, with a variance from parking requirements, located at that address in a C2 zone. A communication was received from Brian Theriot, 2005 Paloma Drive, Costa Mesa, in favor of the rehearing. A communication from David J. Menne, 126 Magnola Street, Costa Mesa, wanted the business relocated. 1 1 .'"443 Council Member Amburgey explained that he felt Goat Hill Tavern's efforts to comply with Council requests had not been taken into account, and that Sheila Ward's Diary was inadequate. Mr. Amburgey said he understood that according to previous directions, action was being taken by staff to assist in the improvement of the vehicle. parking district to the rear of the facility, which would allow mitigation of some of the neighborhood complaints, and felt that until a staff report was received indicating that the applicant had made an effort to reduce the noise, and clarifying the validity of Sheila's Diary, he recommended Council rehear this item. Attorney Alan Burns, representing Goat Hill Tavern, asked that Council honor the request for a rehearing. Mr. Burns said that a rehearing would allow time to analyze police report; and the opportunity to respond to certain evidence Council considered at the last hearing that Goat Hill Tavern was not allowed to rebut; and to clear up reports presented by Sheila Ward. MOTION Council Member Amburgey made a motion, seconded by Council Failed to Council Member Glasgow, that the request for rehearing be Carry approved, to be hear on April 16, 1990. The motion failed to carry, with Council Members Buffa, Hornbuckle and Genis voting no. Request for The Deputy City Manager/Development Services explained GP Amendment that a request had been privately initiated by property 358-399 Ralcam owners along Ralcam Place . Mr. Lamm stated City Policy Place No. 500.2 applies to this property, that none of the LDR to MD necessary criteria could be met, and staff had recommen- ded denial. Tom O'Neal, 389 Ralcam Place, speaking for residents on Ralcam Place, stated that the petition supports that almost all of the homeowners want to be rezoned to R2. After some discussion, Vice Mayor Hornbuckle made a ration, seconded by Council Member Genis, to deny this MOTION request. The motion failed to carry with Mayor Buffa Failed to Carry and Council Members Amburgey and Glasgow voting no. SUBSTITUTE Council Member Amburgey made a motion, seconded by MOTION Council Member Glasgow, to approve the request and Request directed staff to process the General Plan Amendment. Approved The motion carried 3-2, with Vice Mayor Hornbuckle and Council Member Genis voting no. Request to close On motion by Vice Mayor Hornbuckle, seconded by Merrimac and Monitor Council Member Glasgow, and carried 5-0, the request Ways for Annual 5K from Orange Coast College to close Merrimac and Run/Walk Monitor Ways for the Annual 5K Run/Walk event on Saturday, May 5, 1990, was -,approved. Appointments Golf Course Advisory Committee MOTION Approval of Mens' and Womens' Club Representatives Failed to Carry MOTION Failed to Carry The City Manager presented a request to form a Golf Course Advisory Committee. Vice Mayor Hornbuckle clarified that Council was appointing four at -large Costa Mesa Residents, for a total of six members, and she made a motion, seconded by Council Member Glasgow, and carried 5-0, to approve appointment of the Mens' Club representative as Tom Pesich and appointment of the Wcmens' Club representative as Babe Bouk. A motion was made by Council Member Glasgow, seconded by Council Member Amburgey, to appoint four at -large Costa Mesa residents, Dan Worthington, George Lorton, Art Perry, and Thomas Matthew. Mr. Glasgow gave a brief background on each of the candidates. SUBSTITUTE Mayor Buffa stated he could support three out of four MOTION of that motion, and offered a substitute motion, seconded by Council Member Genis, to appoint Dan Approved Worthington, George Lorton, Art Perry, and to replace Thomas Matthew with Bob Wilson. After a brief dis- cussion, the motion carried 3-2, with Council Members Amburgey and Glasgow voting no. COUNCIL MEMBER Council Member Amburgey referred to a memo, dated COMMENTS January 30, 1990, prepared by the City Manager, directed to the operator of Costa Mesa Golf Course, Costa Mesa regarding some areas of default in their agreement, Golf Course and was asked to respond within 30 days to report how he was going to correct those. Mr. Amburgey inquired if Mr. Roeder had received a reply. Mr. Roeder stated he had not received a response, how- ever, during a follow up, discovered a letter had been sent to some members of the Council, which had not been seen by any member of staff. Mr. Roeder stated that his office now has a copy of that letter and are currently evaluating it, to see if it is comprehensive in its response to his letter. Mr. Roeder said that Council Member Amburgey and staff appeared to have been excluded frcm original distribution of that correspondence. Council Member Amburgey requested and received a copy of correspondence. Share Our Vice Mayor Hornbuckle reported that, contrary to news Selves reports, that she is not now, nor had she ever been a Share Our Selves (S.O.S.) board member, and that had she been a member, she would have been obligated not to vote on that issue at the meeting of March 19, 1990. Ms. Hornbuckle also requested of the City Manager that schedule the Conflict of Interest ordinance for a study session agenda, with material that was gathered pre- viously.. Vice Mayor Hornbuckle stated that the Council might as well scrap Policy No. 500-2, concerning General Plan Amendment, since we seem to ignore it regularly. ADJOURNMENT The Mayor declared the meeting adjourned at 2:35 p.m. Mayor of the City Wo sta Mesa ATTEST: i y_ Clerk of the City of Costa sa