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HomeMy WebLinkAbout11/19/1990 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 19, 1990 The City Council of the City of Costa Mesa, California, met in regular session November 19, 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 Elder Bob Bass, Reorganized Church of Jesus Christ of Latter Day Saints. 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: Officials Present: None City Manager Allan Roeder Deputy City Manager/Develop- ment Services Donald Lamm City Attorney Thomas Kathe Public Services Director William Morris City Clerk Eileen Phinney MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council November 5, 1990 Member Genis, and carried 5-0, the minutes of the regu- lar meeting of November 5, 1990, were approved. ORDINANCES A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Genis, and carried 5-0, to read all ordi- nances by title only. RECOGNITION Mayor Buffa introduced Chief of Police David Snowden who Costa Mesa in turn introduced the police officers who recently re - Police Officers ceived Century Club Memberships from the Orange County Chapter of Mothers Against Drunk Driving, an award pre- sented by M.A.D.D. to officers in Orange County that make at least 100 drunk driving arrests a year. Recip- ients were Officers Paul Ellis, Marty Carver, Ron Stone, Mike Cohen, Jeff McCann and Scott May, along with Officers Larry Torres and Dave Andersen, who were not present. Chief Snowden recognized Sergeant Bruce Ballinger and introduced Lieutenant Alan Kent, coordi- nator of the drunk driving team. ORAL Jack Schneider, 573 Victoria Street, Costa Mesa, repre- COMMUNICATIONS senting Parents.Without Partners, read from a letter addressed to the City Council from Jon E. Brown, P.W.P./Orange Coast President, P.W.P., Chapter 26, Costa Mesa, which explains Catering/Costa Mesa the problem they are experiencing with Orange Coast Golf Course Caterers, who sublease from Costa Mesa County Club, in that the caterers will not, rent P.W.P. a room without a minimum food charge and a guarantee of at least 100 people. Mayor Buffa pointed out that Orange Coast Catering is a subcontractor, not directly under City jurisdiction, and suggested Mr. Schneider forward a copy of this letter to the Golf Course Committee and contact Keith Van Holt who is in charge of liaison with the golf course. Costa Mesa Civic Diana Taylor, Costa Mesa Civic Playhouse, stated that Playhouse they had entered and won the Southern California Theater Association competition and expressed thanks to the City Council for their support. Measure W, Safe Brian Slater, 2059 Federal Avenue, Costa Mesa, Paramedic and Sane Fireworks Firefighter with the,Newport Beach Fire Department, spoke on Measure W, on the November 6, 1990, ballot, and voiced strong opposition to "safe and sane" fireworks. Costa Mesa Signal Sid Soffer, 900 Arbor Street, Costa Mesa, asked for the Coordination Study status of the agreement between the City and a traffic consultant for a traffic signal coordination study. The Director of Public Services stated the consultant has submitted a final report which completed Phase 2. Phase 1 was the gathering of information on signals in the City; Phase 2 was studying each signal, checking timing, laying out time -based diagrams for signal coor- dination and recommending improvements. The study will be presented to the Transportation Commission shortly with recommendations on implementation of Phase 3, actual improvements. Newport Boulevard Mr. Soffer commented on the traffic congestion on Newport Boulevard due to freeway construction. He suggested having a police officer direct traffic at peak hours. Mayor Buffa suggested that Mr. Soffer submit his suggestion in writing to the Transportation Services Division. ANNOUNCEMENT Mayor Buffa announced that there has been a request to PA -90-115, South continue New Business (3), Planning Action PA -90-115, Coast Plaza Malcolm Ross, authorized agent for South Coast Plaza, 3315 Fairview Road, Costa Mesa, for an amendment to the Town Center and South Coast Plaza Master Plans and Encroachment Permit -EP -90-05 for construction of a pedestrian bridge across Bristol Street between South Coast Plaza and Town Center, located at 3333 Bristol Street and 695 Town Center Drive, in a Cl -D and TC zones,'respectively. Environmental Determination: Exempt. MOTION A motion was made by Vice Mayor Hornbuckle, seconded Continued to by Council Member Genis, to continue this item to Decem- December 17, 1990 ber 17, 1990. The motion carried 4-1, Council Member Amburgey voting no. GENERAL MUNICIPAL Mayor Buffa announced that since the election results ELECTION have not been certified, the new Council would not be seated until the December 3, 1990, Council meeting. . CONSENT The following item was removed from the Consent Calendar: CALENDAR Item 17(b), Budget Adjustment No. 91-32, for the Victoria Street Widening. On motion by Council Member Genis, seconded by Vice Mayor Hornbuckle, the remaining Consent Calendar items were ap- proved 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 READING FOLDER On motion by Council Member Genis, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Jason Dean Brockhoft; Laurie A. Labbitt; Mr. and Mrs. Edward Leonhardt; Bridget Morton/Lori Sencer; and Joseph Smith. Alcoholic Alcoholic Beverage License for which parking has been Beverage approved by the Planning staff: Marriott Hotels, License Incorporated, doing business at 500 Anton Boulevard, Costa Mesa. Fireworks Letter from Sherrie Neft, 3132 Madeira Avenue, Costa Mesa, requesting a ban on all fireworks in Costa Mesa except public displays. Smoking Letter from Mr. and Mrs. D. V. Nicholson, 2063 Republic Avenue, Costa Mesa, regarding a new law in the City of Duarte prohibiting smoking in all public buildings and places of employment. SET FOR PUBLIC On motion by Council Member Genis, seconded by Vice Mayor HEARING Hornbuckle, and carried 5-0, the following item was set Metro Pointe for public hearing on December 3, 1990, at 6:30 p.m., in Development Agree- the Council Chambers of City Hall: ment DA -88-02 Annual review of Development Agreement DA -88-02 for MOTION Metro Pointe Development, John F. Biggs, authorized Hearing Set for agent for R & A, Parcel 5, and A & R, Parcel 4, for December 3, 1990 property located in the 900 block (odd numbers) of South Coast Drive in a PDC zone. Environmental Deter- mination: Exempt. WARRANTS On motion by Council Member Genis, seconded by Vice Mayor Hornbuckle, Warrant Resolution 1480, including Payroll MOTION 9022, and Warrant Resolution 1481, including Payroll Warrants 1480 and 9023, were approved by the following roll call vote: 1481 Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Genis, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following claims were rejected: Balboa Insurance Balboa Insurance Company/Industrial League of Orange County; Brown Valerie Brown; Christie/Rose/Rose Bob Christie, Joe Rose, and Larry Rase; Elias, et al. Ramona Elias, et al.; English Lance English; Hendershot Craig Hendershot; Lounsbury, et al. Verneice Lounsbury, et al.; Mahan Guy E. Mahan; Nordquist Conrad Nordquist; Soniga Mark Soniga; Updegraff David E. Updegraff; and Weitzberg Joyce M. Weitzberg. COP 40 ADMINISTRATIVE A motion was made by Council Member Genis, seconded ACTIONS by Vice Mayor Hornbuckle, to approve the following Budget Adjustments: Budget Adjustment Budget Adjustment No. 91-31 for $1,580,000.00, to No. 91-31 provide an adequate appropriation for the construc- tion of Fire Station No. 6. Budget Adjustment Budget Adjustment Nos. 91-33 and 91-34 for Nos. 91-33 and $1,995,000.00 and $1,300,000.00, respectively, 91-34 to provide an adequate appropriation for construc- tion of the Senior'Citizens Center. Budget Adjustment Budget Adjustment No. 91-35 for $151,810.00, to No. 91-35 reappropriate Revenue Sharing funds for social program support. MOTION The motion carried by the following roll call vote: Adjustments AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Asbestos Removal and Demolition of 19 Structures Along William L. Olson Victoria Street, Project V-90-95, was completed to the satisfaction of the Public Services Director on Octo- Asbestos Removal ber 30,.1990, by William L. Olson, Incorporated, Post and Demolition of Office Box 3786, Granada Hills. On motion by Council 19 Structures on Member Genis, seconded by Vice Mayor Hornbuckle, the Victoria Street, work was accepted; the Clerk was authorized to file a Project V-90-95 Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and MOTION Material Bond was ordered exonerated 7 months there - Work 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 Street Improvements on Bear Street, Bristol Street, and Excel Paving Sunflower Avenue, Project 90-04, were completed to the satisfaction of the Director of Public Services on Street Improvements October 30, 1990, by Excel Paving Company, 2230 Lemon on Bear Street, Avenue, Long Beach. On motion by Council Member Genis, Bristol Street, and seconded by Vice Mayor Hornbuckle, the work was accepted; Sunflower Avenue, the Clerk was authorized to file a Notice of Completion; Project 90-04 authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered MOTION exonerated 7 months thereafter; and the Performance Bond Work Accepted 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: OOUNCIL MEMBERS: None Agreement with The Public Services Director recommended approval of an BSI Consultants agreement with BSI Consultants, Incorporated, 2001 East lst Street, Santa Ana, for $8,700.00, for design of the Design of Traffic traffic signal on Placentia Avenue at the new Corpora - Signal on Placentia tion Yard Entrance/Estancia High School. On motion by Avenue Council Member Genis, seconded by Vice Mayor Hornbuckle, 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 Agreement with The Chief of Police recommended approval of an agreement Bayshore Animal with Bayshore Animal Hospital, 2077 Harbor Boulevard, Hospital Costa Mesa, for animal shelter services. On motion by Council Member Genis, seconded by Vice Mayor Hornbuckle, Animal Shelter the agreement was approved, and the Mayor and Clerk were Services authorized to sign on behalf of the City. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Agreement Approved Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Police Services On motion by Council Member Genis, seconded by Vice User Fees Mayor Hornbuckle, Resolution 90-84, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AMENDING THE POLICE SERVICES USER FEES, was adopted by Resolution 90-84 the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Environmental On motion by Council Member Genis, seconded by Vice Enhancement and Mayor Hornbuckle, Resolution 90-85, A RESOLUTION OF THE Mitigation State CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Grant Program APPROVING PARTICIPATION IN THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION STATE GRANT PROGRAM, was adopted by the MOTION following roll call vote: Resolution 90-85 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Adopted Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Genis, seconded by Vice Conference Advance Mayor Hornbuckle, a conference advance for $1,470.00, Approved for a Police Officer to attend the DEA Basic Two -Week Narcotics School in San Diego from December 3 to 14, 1990, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment Item 17(b) on the Consent Calendar was presented: 91-32 Widening of Budget Adjustment No. 91-32 for $8,100,000.00, to Victoria Street provide an adequate appropriation for the widening of Victoria Street. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the $8,100,000.00 appropriation. The City Manager responded the Budget Adjustment will move funds from the recent bonds sold by the City into a construction account for the Victoria Street Widening Project. MOTION On motion by Council Member Amburgey, seconded by Vice Adjustment Mayor Hornbuckle, Budget Adjustment 91-32 was approved Approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 i 4 YLl �v JL PUBLIC HEARING The Clerk announced that this was the time and place set PA -88-132 for the public hearing for Planning Action PA -88-132, Goat Hill Tavern Robert R. "Zeb" Ziemer, Henry N' Harry's Goat Hill Tavern, for renewal of a previously approved Conditional Use Permit for expansion of an existing bar within 200 feet of residentially zoned property, with a variance from parking requirements at 1830 Newport Boulevard in a C2 zone. Environmental Determination: Exempt. The Affidavit of of Mailing is on file in the Clerk's office. A letter and supporting data was received from Allan Burns, Attorney at Law, 453 South Glassell Street, Orange, representing Goat Hill Tavern. Communications opposing the application were received from Sheila Ward, 122-D Magnolia Street, Costa Mesa; and Dr. John P. Evers, 125 Broadway, Costa Mesa. Letters supporting the application were received from Brian Theriot, 2005 Paloma Drive, Costa Mesa; and Roger Thrailkill of Travel Host, 270 South Bristol Street, Suite 201, Costa Mesa. Vice Mayor Hornbuckle suggested a continuance of this application to the December 3, 1990, Council meeting to allow time to assimilate the new information. The City Attorney stated the court requires that the Council grant Mr. Ziemer an opportunity to respond to the evidence presented at the July 16, 1990, public hearing; and if the Council desires to continue that evidence plus new evidence to December 3, 1990, that would still meet the requirements of the court order, as long as an appropriate due process hearing is given at that time. Gerhart Ziemer, 258 East 20th Street, Costa Mesa, spoke on behalf of Henry N' Harry's Goat Hill Tavern, stating he was agreeable to 'a continuance to December 3, 1990, the consideration of the pre -July 16, 1990, information, and the new evidence. - Mayor Buffa asked if anyone wished to speak who would be unable to attend the December 3, 1990, meeting. Council Member Amburgey asked the anticipated completion date of the block wall being built on the east side of the City -owned parking lot. The City Manager estimated completion in six months. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Continued to Council Member Amburgey, to continue both the hearing December 3, 1990 and rehearing of Planning Action PA -88-132 to Decem- ber 3, 1990. Council Member Genis pointed out that there are two separate requests, a rehearing of the original July 16, 1990, action and the new hearing. She stated the bulk of the newly presented material would not apply to reexamination of the July 16, 1990, hearing. Council Member Amburgey withdrew his second to the motion for continuance. Council Member Genis then seconded the motion. The motion carried 4-1, Council Member'Amburgey voting no. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of set for the public hearing for appeal of the Planning PA -90-82, Reyes Commission's denial of Planning Action PA -90-82 from Lorenzo Reyes, Carl Karcher Enterprises, Incorporated, Post Office Box 4999, Anaheim, authorized agent for D. M. Perlmutter, Post Office Box 8414, Newport Beach, for a Conditional Use Permit to allow a drive-thru restaurant (Carl's Jr.), within 200 feet of residenti- ally zoned property; and variances from front setback requirements (20 feet required; 4 feet proposed), park- ing requirements (223 spaces required; 214 spaces proposed), compact parking ratio limits (38 percent proposed; 25 percent permitted), and from site coverage limits (25 percent maximum; 29.9 percent proposed), located at 279 East 17th Street in a C1 -S zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services presented a visual diagram of the project and summarized the Planning Staff Report dated November 13, 1990. He stated that the Variance from setback requirements is no longer necessary, and an Administrative Adjustment is required. The Deputy City Manager stated the Planning Commission held a series of hearings, on September 11, September 24, and October 8, 1990, and denial was based on revised plans (which do not include the requirement for front setback). He stated the offsite parking requirement, a condition of approval on the original Carl's Jr.'s Expansion Use Permit, was a requirement of the City and was recorded by the property owners. Also, the current parking space analysis is based on the present Carl Jr.'s site being converted into retail commercial space. Discussion ensued regarding the percentage of compact parking spaces allowed. It was determined that with 38 percent compact spaces, the applicant is two parking spaces over the required total, and with 25 percent, he is three parking spaces short. Lorenzo Reyes, Carl Karcher Enterprises, Incorporated, stated that economically, it is imperative to relocate the existing sitdown-only Carl's Jr.'s to an upgraded drive-thru restaurant. He stated the addition of the new proposed building will enhance the current shopping area, and he was willing to work with Staff on the exact number of compact versus full parking stalls. He stated a typical number of cars at one time in the drive-thru would be 5 to 7. Sid Soffer, 900 Arbor Street, Costa Mesa, commented on the increase of land prices and rental increases which will affect the prices of Carl's Jr.'s food and will be detrimental to business. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, requested information on the increase in the volume of traffic this installation will generate. Mayor Buffa advised that the Staff Report indicates there would be a slight drop in trip -end traffic. Jennine Baillie, property manager for the owner, D. M. Perlmutter, read a letter outlining the benefits of relocating the existing Carl's Jr. to the proposed free- standing site. There being no other speakers, the Mayor closed the public hearing. The Deputy City Manager/Development Services explained that the Council is being asked to approve or deny the MOTION PA -90-82 Approved Conditional Use Permit for the free-standing building, the Minor Conditional Use Permit for excess compact parking, the total number of parking spaces (if the off- site five spaces are accepted, extend the expiration date of the agreement beyond 2002), and the lot coverage from 25 percent to 29.7 percent. On motion by Council Member Glasgow, seconded by Council Member Amburgey, and carried 5-0, the variance for parking -was approved with the stipulation that 25 per- cent of the parking'spaces be marked "compact"; evidence of extension of -the lease for the five offsite parking spaces to a time acceptable to the City staff and to the business is required; designated the offsite spaces for employee parking; approved the Conditional Use Permit; approved the administrative adjustment at 29.7 percent; specified that the final site layout shall meet the -approval of the Public Services Department; and the existing Conditional Use Permit for the existing Carl's Jr. location shall become null and void upon approval of the Certificate of Occupancy for the new facility; based on findings for the administrative adjustment on lot coverage and the number of parking spaces as follows: On the Minor Conditional Use Permit for the compact spaces, due to the nature of the busi- nesses that have rapid turnover, 25 percent is pre- ferred; with the reciprocal use of the parking spaces in the parking lot, there will be adequate parking at all times on site; the variance on the total number of parking spaces is no longer necessary; the offsite parking agreement is interpreted to be valid, and that agreement therefore fulfills the parking requirement; stacking is provided for the drive-thru and that will provide extra vehicle storage; the proposed project will not be'detrimental to surrounding properties because of the distance from residential uses. Lorenzo Reyes stated that the conditions of approval were acceptable. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -90-103 set for the public -hearing to consider the appeal of Moore the Planning Commission's decision for Planning Action PA -90-103 from Susan Wade, 1216 Las Arenas, Costa Mesa, authorized agent for Gary L. Moore, 221 West Wilson Street, Costa Mesa, for a Conditional Use Permit to construct a 5 -bay car wash (with 5 vacuums) with a second -story office and equipment room, and variances from rear setback requirements (15 feet proposed; 46 feet required) and interior landscaping requirements (80 square feet proposed; 250 square feet required), located at 221 and 225 West Wilson Street in a Cl zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services presented a video display which illustrated the proposed project. He reviewed staff's 'memorandum dated November 9, 1990, stating that the applicant is appealing the requirements for dedication along Wilson Street, staff having deter- mined that a 12 -foot dedication of property is necessary in accordance with the Costa Mesa Municipal Code. He reported that the Planning Commission approved the Conditional Use Permit for the car wash, and the vari- ance for the rear setback, but denied the variance from landscaping requirements. He commented that the princi- ple item being discussed is the dedication requirement, but the entire permit is open for Council's considera- tion. Vice Mayor Hornbuckle was concerned about the noise and visual impacts of a car wash in a residential area. Council Member Genis stated that although this item is being appealed by the applicant, she had requested that the item be called up in its entirety because of the proximity to a residential area. Gary L. Moore, 1216 Las Arenas, Costa Mesa, owner of the property, noted the time spent with staff to lay out the project in order to minimize noise impacts and improve aesthetics. He explained that the car wash is 46 feet away from the west side of the property facing the condominiums, and vacuums are on the side of the prop- erty bordered by a dental office and an 8 -foot wall. He stated that the property to the rear was rezoned from Cl to R4, necessitating the change in setback requirements. Mr. Moore strongly opposed the dedication of 12 feet of his property to the City. He questioned staff's memor- andum of November 9, 1990, which stated that there would be 200 trip ends per day, pointing out the possibility of a motorist washing his car en route to another final destination. He questioned the use of the Institute of Traffic Engineers manual instead of an independent professional urban planner. Regarding the floor covering business on the second floor of the proposed car wash, Mr. Moore stated that all the floor covering business is done offsite, there- fore the proposed site generation (car wash and office) of approximately 348 trip ends, as stated in staff's memorandum, is inaccurate. He questioned exactly what was being considered at this time. Mayor Buffa responded that the Conditional Use Permit, and any variances required in regard to this appeal, is under discussion, reiterating that the entire action is being appealed due to a request from Council Member Genis. Mr. Moore stated he did not received notification that Council Member Genis had called up the item, and was informed by the Mayor that this occurred on the Monday following the Planning Commission meeting. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that the appeal be continued with the opportunity for Mr. Moore to meet with the City Council at a Study Session since Mr..Moore was unaware of the appeal by Council Member Genis and was not prepared. Mayor Buffa pointed out that even if Council Member Genis had not appealed, and Mr. Moore had appealed on the dedication point only, the entire issue would still be up for consideration. He explained that once any part of an application is appealed from the previous body, in this case the Planning Commission, the whole issue is up for reconsideration. Council Member Genis suggested continuance as a matter of courtesy. Mayor Buffa noted in staff's memorandum of November 9, 1990, Paragraph 2, reference is made to the 6.i t'. fsi fact that appealing any portion of a project means reconsideration of the specific facts and circumstances of any final decision made. The City Attorney noted that Council Member Genis's appeal is not mentioned in the staff report, and this could be used as a basis for continuance. Council Member Amburgey suggested that since this was called up by Council Member Genis, the $195.00 appeal fee should be refunded to the applicant. Chick Clarke, 1079 Corona Lane, Costa Mesa, Chairman of the Costa Mesa Planning Commission, stated there were some concerns regarding noise from the proposed car wash; but in checking other similar car washes in the city, there had been no complaints. MOTION A motion was made by Council Member Glasgow, seconded by Continued to Vice Mayor Hornbuckle, to continue the public hearing December 17, 1990 to December 17, 1990. Mayor Buffa did not,support bringing the appeal to a Study Session. Mr. Moore was not supportive of continuing the public hearing as suggested by Mr. Soffer. Vice Mayor Hornbuckle had questions regarding the noise impact of.a car wash and questioned whether there were any noise studies available in the City's files. The Deputy City Manager responded that none are available for similar projects. Eleanor Blatt, 17712 Beach Boulevard, Huntington Beach, a partner in the proposed car wash, stated that most of the issues had been previously addressed and would like the public hearing continued. Council Member Glasgow suggested that the City Attorney provide Council with information on a previous legal action taken by -Mr. Moore. The City Attorney stated he would also provide Council with a summary of the dedication requirements. The motion to continue carried 4-1, Council Member Amburgey voting no. RECESS The Mayor declared a recess at 9:00 p.m., and the meet- ing reconvened at 9:15 p.m. MOTION A motion was made by Council Member Amburgey, seconded Approved Refund by Council Member Glasgow, to refund the $195.00 fee of the Appeal Fee paid by Gary L. Moore for the appeal of PA -90-103. The for PA -90-103 motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Hornbuckle, Genis ABSENT: COUNCIL MEMBERS: None Council Member Genis opposed the refund citing various situations in which refunding the appeal fee would not be appropriate, and,this action would set a precedent. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, ques- tioned the public having to pay a fee for an appeal and Council Members not,paying. The Deputy City Manager/Development Services reported that there is a Code requirement for any business in Costa Mesa intending to go out of business to obtain a permit from the City for this purpose. He stated that a permit was issued to Oriental Rug International for a 60 -day period, expiring on November 24, 1990, and the applicant has requested an extension of 90 days, expir- ing February 4, 1990; however, Staff recommended denial. Bob Nicholson, 328 North Glassell Street, Orange, spoke on behalf of the applicant, stating this is a legitimate going -out -of -business sale. He stated that the rugs are a high ticket item and are proving difficult to liqui- date; and the applicant is complying with Code require- ments for signs. In reference to staff's memorandum dated October 29, 1990, Mr. Nicholson reported that the applicant has an interest in, but does not actually run, three other businesses in Orange County, and Oriental Rug International is the only company going out of business. MOTION A motion was made by Council Member Amburgey, seconded Extension by Mayor Buffa, to extend the close-out sale permit for Approved 90 days. The motion carried 4-1, Council Member Glasgow voting no. OLD BUSINESS The Clerk presented from the meeting of November 5, PA -90-104, Fiock 1990, Planning Action PA -90-104, Richard Fiock, 2479 Orange Avenue, Costa Mesa, for a variance from side set- back requirements (36 feet required, 7 feet proposed), for construction of nine residential condominiums at 2253 Canyon Drive in an R2 zone. Environmental Deter- mination: Negative Declaration. The Deputy City Manager/Development Services stated that at the November 5, 1990, Council meeting, two out of three variance requests were approved: Variances were approved for the garage door width and guest parking, but action was not taken on the request to allow the setback variance from Wilson Street. He summarized the staff report of November 13, 1990, recommending that the applicant wait'for the adoption of the updated General Plan in which the Wilson Street issues will again be addressed. Richard Fiock, 2479 Orange Avenue, Costa Mesa, requested information on the new General Plan'and was informed it should be adopted between March and June of 1991. He stated to his knowledge there was no opposition in the neighborhood to this project. 5-4 OLD BUSINESS A motion was made by Vice Mayor Hornbuckle, seconded by R-90-07 Council Member Glasgow, to give second reading and Cirac/Young/Ryan adopt Ordinance 90-16, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE MOTION ZONING OF PROPERTY AT 116 AND 120 - 21ST STREET FROM Ordinance 90-16 C2 TO R2, in connection with R-90-07, Cirac/Young/Ryan. Adopted 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 OLD BUSINESS The Clerk presented from the meeting of November 5, Close-out Sale 1990, a request from Oriental Rug International, 111 Permit for Oriental East 19th Street, Costa Mesa, for a 90 -day extension of Rug International a close-out sale permit. The Deputy City Manager/Development Services reported that there is a Code requirement for any business in Costa Mesa intending to go out of business to obtain a permit from the City for this purpose. He stated that a permit was issued to Oriental Rug International for a 60 -day period, expiring on November 24, 1990, and the applicant has requested an extension of 90 days, expir- ing February 4, 1990; however, Staff recommended denial. Bob Nicholson, 328 North Glassell Street, Orange, spoke on behalf of the applicant, stating this is a legitimate going -out -of -business sale. He stated that the rugs are a high ticket item and are proving difficult to liqui- date; and the applicant is complying with Code require- ments for signs. In reference to staff's memorandum dated October 29, 1990, Mr. Nicholson reported that the applicant has an interest in, but does not actually run, three other businesses in Orange County, and Oriental Rug International is the only company going out of business. MOTION A motion was made by Council Member Amburgey, seconded Extension by Mayor Buffa, to extend the close-out sale permit for Approved 90 days. The motion carried 4-1, Council Member Glasgow voting no. OLD BUSINESS The Clerk presented from the meeting of November 5, PA -90-104, Fiock 1990, Planning Action PA -90-104, Richard Fiock, 2479 Orange Avenue, Costa Mesa, for a variance from side set- back requirements (36 feet required, 7 feet proposed), for construction of nine residential condominiums at 2253 Canyon Drive in an R2 zone. Environmental Deter- mination: Negative Declaration. The Deputy City Manager/Development Services stated that at the November 5, 1990, Council meeting, two out of three variance requests were approved: Variances were approved for the garage door width and guest parking, but action was not taken on the request to allow the setback variance from Wilson Street. He summarized the staff report of November 13, 1990, recommending that the applicant wait'for the adoption of the updated General Plan in which the Wilson Street issues will again be addressed. Richard Fiock, 2479 Orange Avenue, Costa Mesa, requested information on the new General Plan'and was informed it should be adopted between March and June of 1991. He stated to his knowledge there was no opposition in the neighborhood to this project. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, reiterated his statement made at the meeting of Novem- ber 5, 1990, that this item should be continued until the updated General Plan is approved. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Variance Denied Council Member Genis, to deny the setback variance. Council Member Amburgey believed that the setback variance should be voted on at this meeting due to economic considerations and the obvious need for addi- tional housing in Costa Mesa. Substitute A substitute motion was made by Council Member Amburgey, Motion seconded by Council Member Glasgow, to grant the vari- Failed to Carry ance as requested and in accordance with Option 1 of staff's memorandum dated November 13, 1990. Council Member Genis pointed out that there has not been environmental documentation for this project and ques- tioned its consistency with the General Plan to issue a permit for a residential development in an area that is shown for street right-of-way. The City Attorney responded that technically, develop- ment cannot be approved that is inconsistent with the General Plan, but a'straw vote has indicated a clear intent to amend the Plan. Council Member Glasgow stated, and Council Member Amburgey concurred, that when the General Plan is finalized, there would be no need for a variance. The substitute motion failed to carry, 3-2, Council Members Buffa, Hornbuckle, and Genis voting no. The original motion carried 3-2, Council Members Amburgey and Glasgow voting no. OLD BUSINESS The Clerk presented requests from Feedback Foundation, Request from Incorporated, 1200 North Knollwood Circle, Anaheim- Feedback Foundation (1) Waiver of rental fee for facilities at Rea Community Center; and (2) Additional funding for Project TLC in the amount of $34,876.00. The City Manager summarized the request from Feedback Foundation and suggested that waiver of rental fees include a stipulation restricting use to the multipur- pose room only. Secondly, he suggested Feedback Founda- tion enter into a Secondary Recipient Agreement for reporting the expenditure of grant funds. Shirley Cohen, Executive Director, Feedback Foundation, clarified that if the Council waives the rental fees, then the amount of $34,876.00 would be reduced by $4,080.00; if the $30,797.00 is approved and the rent is waived, then they request the rent be waived retroactive to July 1, 1990. Vice Mayor Hornbuckle questioned the duplication of effort by Feedback Foundation and Meals on Wheels and was informed that both groups serve the 60 -and -older citizens, and Feedback Foundation does not charge for meals. Sharon Phelps, representing Feedback'Foundation, stated that they also provide weekend meals, and the numbers contained in the report submitted to Council refer only to Costa Mesa residents. 9P Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, encour- aged the Council to waive the fee at the Rea Community Center and indicated his support for funding the Feed- back Foundation rather than giving money to the arts. Anne Shereshevsky, 2152 Elden Avenue, Costa Mesa, was concerned over contributions of other cities to this program and also concerns about the program itself. Kathie Khachadoorian, Coordinator of Home Services for Feedback Foundation, pointed out that there are home deliveries to invalids as well as seniors. John Feeney, 1154 Dorset Lane, Costa Mesa, supported the request due to the worthiness of the cause of feeding seniors. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, supported the request from the Feedback Foundation. MOTION A motion was made by Council Member Glasgow, seconded Funds Approved by Vice Mayor Hornbuckle, to grant additional funding for $34,876.00 to be taken from the Council Contingency Fund, stipulating that Feedback Foundation shall enter into the Standard Recipient Agreement with the City, including all conditions and requirements thereto. Council Member Amburgey questioned whether the fund- raising event sponsored by the City for the nonprofit organization, Costa Mesa Cares, would assist in funding this request. He was informed the profit was not sub- stantial enough to help. In response to an inquiry by Council Member Amburgey, the City Manager stated that the Secondary Recipient Agreement includes not only an audit capability but requires that the agencies file a quarterly financial statement with the City. Council Member Amburgey commented on previous financial requests from the Feedback Foundation and the necessity of comprehensive supporting documentation. Mayor Buffa pointed out this,is the second emergency request for funds from Feedback Foundation in this fiscal year. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: Buffa, Amburgey ABSENT: COUNCIL MEMBERS: None MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Two-part Allocation Member Genis, and carried 4-1, Council Member Amburgey Stipulated voting no, a stipulation was made that one-half of the funds are to be allocated at once, and the other one- half to be allocated after City and Feedback Foundation staff have reviewed existing figures, and Feedback's Costa Mesa budget for fiscal year 1991-92 is submitted to the City. The City Manager has forwarded the subject request to the League of California Cities and the City/County Coordinating Committee as other cities are involved. Shirley Cohen spoke again on behalf of Feedback Founda- tion, stating that the nutrition programs have not received additional national funding in eight years, making it difficult to budget. She reported that a fund-raiser is planned for December. NEW BUSINESS The Clerk presented the Gisler Avenue/California Street/ Traffic Signal Gibraltar Avenue traffic signal installation. Installation, Gisler/California/ A communication was received from R. A. McCormick, 1657 Gibraltar Utah Circle, Costa Mesa, stating that the four-way stop at the intersection of California Street and Gisler Street is acceptable. A communication was received from Arthur Lindow, 3253 Oregon Avenue, Costa Mesa, who finds no fault with the present four-way stop. A communcation was received from Katherine Sanders, 3268 Nebraska Lane, Costa Mesa, who is in favor of a traffic signal. The Public Services Director summarized staff's memoran- dum of'October 26, 1990, stating that due to the reduction in volume of traffic in the area of Gisler and Country Club, the subject intersection does not warrant a traffic signal. He reported that the Transportation Commission reviewed this intersection at their October 24, 1990, meeting and recommended that consideration of a signal at this intersection be suspended, and staff should place it on a list of unsignalized intersections that are currently being monitored. The Director mentioned that approximately 4,000 notices were distributed to residents in the area informing them that the item was on the City Council agenda for this evening. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, did not agree with staff's findings relative to the speed and volume of traffic on Country Club Drive. He stated a signal at the subject intersection would be highly beneficial. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, asked if there are new findings on speed humps, as he found the congestion and speedof traffic on Country Club Drive has increased since the speed humps were installed. MOTION A motion was made by, Vice Mayor Hornbuckle, seconded by Traffic Signal Council Member Glasgow, and carried 4-1, Council Member Installation Amburgey voting no, to approve the Traffic Commission's Suspended recommendations to suspend further consideration of the traffic installation, and direct staff to place the intersection on the list for future monitoring. NEW BUSINESS The Clerk presented Planning Action PA -87-57A1, Greg PA -87-57A1 Mobley, 355 Bristol Street, Suite "A", Costa Mesa, Mobley authorized agent for Frank H. Ayres and Son (same address), for a Conditional Use Permit to allow an 800 -square -foot expansion to an office/retail building located at 355 Bristol Street, Suite "A", in a PDC zone. Environmental Determination: Exempt. The Deputy City Manager/Development Services stated that the Planning Commission considered the application on October 13, 1990, approved the application, and staff reported that the applicant agreed to all conditions. MOTION A motion was made by Council Member Amburgey, seconded Approved by Vice Mayor Hornbuckle, and carried 5-0, to approve PA -87-57A1 subject to conditions as stated in the Plan- ning Division Report dated November 14, 1990, from Steven C. Clarke. �I COUNCIL MEMBERS Council Member Genis would like to see an investigation COMMENTS into the appeal process and the time element for Appeal Process appealing. Secondly, she pointed out the contract for policing at the Orange County Fairgrounds will expire Policing at the November 30, 1990, and suggested the Fair Board use the Fairgrounds State police to alleviate the pressure from our staff. Council Member Glasgow stated his support of reconsid- eration of providing police services at the Fairgrounds. Council Member Amburgey concurred but stated that to protect citizens of Costa Mesa, the Costa Mesa police may have the best qualifications. Parents Without Vice'Mayor Hornbuckle requested reports from staff on Partners items that were brought up under Oral Communications: Review of the Parents Without Partners letter, and Newport Boulevard accidents on Newport Boulevard due to construction. ADJOURNMENT The Mayor declared the meeting adjourned at 11:20 p.m. Mayor of the City ofo t Mesa ATTEST: Ci y Clerk of the City of Costa esa