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HomeMy WebLinkAbout02/19/1991 - City CouncilV_1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 19, 1991 The City Council of the City of Costa Mesa, California, met in regular session February 19, 1991, 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 Windell Jones, Church of Christ. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buff Council Member Edward Glasgow Council Member Jay Humphrey Council Members Absent: Officials Present: None City Manager Allan Roeder Deputy City Manager/Develop- ment Services Donald Lamm Assistant City Attorney Jerry Scheer Deputy City Attorney Sally May Public Services Director William Morris City Clerk Eileen Phinney Senior Planner Alice Angus Principal Planner R. Michael Robinson MINUTES On motion by Council Member Buffa, seconded by Council January 21, Member Humphrey, and carried 5-0, the minutes of the February 4, and regular meetings of January 21, 1991, and February 4, February 11, 1991 1991, and the special meeting of February.11, 1991, were approved. ORDINANCES A motion was made by Vice Mayor Genis, seconded by Council Member Humphrey, and carried 5-0, to read all ordinances by title only. ORAL Eric Olson, 1132 Victoria Street, Costa.Mesa, spoke on COMMUNICATIONS his claim against the City regarding Development Review DR -88-26, and he requested,.(1) a meeting with the City Olson Claim/ Manager, and (2) the subject item be placed on a Council DR -88-26 agenda for an upcoming meeting. The City Manager deemed a meeting inappropriate as there is a pending claim. The Mayor directed staff to provide Council with copies of all documents submitted by Mr. Olson, and she requested a summarization from Mr. Olson by Monday, February 25, 1991. Residential Parking Dick Sherrick, 3146 Country Club Drive, Costa Mesa, Space Requirements cited an article in the Orange County Register dated December 15, 1990, which addressed the issue of parking spaces required for new residential developments noting that Costa Mesa has one of the lowest requirements in the County for on-site parking. The Mayor requested a copy of the article be submitted to the City Clerk. Water Reservoir Michael Dunlevie, 245 East Wilson Street, Costa Mesa, No. 2 - Orange spoke on the vote the Consolidated Water District will Avenue and 23rd be taking on the proposed 20,000,000 -gallon water tank, Street Reservoir No. 2, to be located at the intersection of Orange Avenue and 23rd Street on a 4.65 -acre parcel. He stated that the Negative Declaration fails to address numerous significant environmental issues, including the failure to recognize two earthquake fault lines adjacent to the proposed project. The City Manager said the City had received the Negative Declaration and prepared a response for the Mayor's signature that will be for- warded to the Water District immediately. Dolores Storme, 182 Brandywyne Terrace, Costa Mesa, spoke in opposition to the proposed reservoir. She felt that an Environmental Impact Report is required. Alignment of San John Connors, President of Sepulveda Building Materials, Joaquin Hills Trans- 28092 Forbes Road, Laguna Niguel, and Chairman of the portation Corridor Taxpayers' Coalition Against Alignment 2 to the San Joaquin Hills Transportation Corridor, read from a prepared statement which, (1) supported the proposed project which will connect the San Joaquin Hills Trans- portation Corridor to the Interstate 5 Freeway and, (2) urged support of Alignment 1 for the interchange. Council Member Buffa reported he will be meeting with the Mayor of Laguna Niguel regarding this project and suggested Mr. Connors communicate his concerns to her. "Every Bloomin' Brian Harris, 1912 Tustin Avenue, Newport Beach, former Thing" Floral long-time Costa Mesa resident, submitted a letter and Business petition concerning "Every Bloomin' Thing", a floral business at 250 East 17th Street, Suite 7, Costa Mesa, which is operating under questionable conditions and impacts other established floral businesses in the area. The Mayor directed staff to investigate this matter. Arts Funding John Moorlach, 3169 Madeira Avenue, Costa Mesa, summar- ized a proposal regarding funding of the arts, and encouraged the Cultural Arts Committee to look into how the funds are distributed. ANNOUNCEMENT The Mayor announced that the meeting would end at 12:00 a.m., and any agenda items that were not covered would be continued to the following evening, Wednesday, Feb- ruary 20, 1991, in an adjourned Council session. CONSENT CALENDAR The following item was removed from the agenda, to be agendized for a later Council meeting: Item 6, Agreement with Newport Mesa Partners, c/o Residential Management Services, 1850 Whittier Avenue, Costa Mesa, residential management group for the Sea Palms Village Apartments, for maintenance of City - owned palm trees located in the parkway. The following items were removed from the Consent Calen- dar: Item 6(b), Contract award for Bid Item 922, Console Recorder/Playback Equipment; Item 7, Agreement with Analysis Central Systems, Incorporated, for a Police Department alternate workweek feasibility study; and Item 8, Agreement with Smith -Emery Company for soil and material testing at the Costa Mesa Senior Center. On motion by Council Member Buffa, seconded by Council Member Humphrey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by.the City Clerk: Rick Adams; Arturo Barraza; Chiu -Yang Chen; Susan Martin; Mesa Verde Villa Apartment Community; David Sanchez; and Cathleen Suzan Sexton. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: Maria Contreras and Licenses Carlos Rivera, doing business as Angeles Restaurant, 1013 El Camino Drive; Aziz Mohammed and Dana Aslami, doing business as Ariana Restaurant, 440 East 17th Street, Suite 6; Barry, Brian and Lisa Burke and Lolita Galindo, doing business as Blue Marble Coffee- house, 1907 Harbor Boulevard; and Maria and Simon Wroclawsky, doing business as Pizza Place, 735 West Baker Street, Suite B. WARRANTS On motion by Council Member Buffa, seconded by Council Member Humphrey, Warrant Resolution 1487, including Pay- roll 9103, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, the claim from Yen Tran Bich Thi Tran was rejected. Prunty On motion by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, the Application for Leave to Present a Late Claim from James Prunty was denied. ADMINISTRATIVE Bids received for Bid Item 915, Revision A, Three Micro - ACTIONS computers, are on file in the -Clerk's office. On motion by Council Member Buffa, seconded by Council Member Bid Item 915-A Humphrey, the contract was awarded to Forbes Computer Three Microcomputers Group, 1931 South Manchester Avenue, Anaheim, for $8,557.74. The motion carried by the following roll MOTION call vote: Awarded to Forbes AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Computer Group Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 923 Bids received for Bid Item 923, One Turf Tractor, are One Turf Tractor on file in the Clerk's office. On motion by Council Member Buffa, seconded by Council Member Humphrey, the MOTION contract was awarded to AA Equipment Rental Company, Award to AA Equip- Incorporated, 10611 Ramona Avenue, Montclair, for ment Rental $12,303.42. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 929 Bids received for Bid Item 929, One Used Forklift, are One Used Forklift on file in the Clerk's office. On motion by Council Member Buffa, seconded by Council Member Humphrey, and MOTION carried 5-0, two bids were rejected because they were Bids rejected nonresponsive, and staff was authorized to readvertise for new bids. Bid Item 931 Bids received for Bid Item 931, Four Pickup Trucks, are Four Pickup Trucks on file in the Clerk's office. On motion by Council Member-Buffa, seconded by Council Member Humphrey, the MOTION contract was awarded to Fuller Fleet Center, 760 Awarded to Fuller Broadway, Chula Vista, for $41,171.25. The motion Fleet Center carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 934 Bids received for Bid Item 934, Three Used Sedans, are Three Used Sedans on file in the Clerk's office. On motion by Council Member Buffa, seconded by Council Member Humphrey, the MOTION contract was awarded to Downey Auto Center, 9500 Lake - Awarded to Downey wood Boulevard, Downey, for $33,386.82. The motion Auto Center carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 936 Bids received for Bid Item 936, Custom Pruning of Custom Pruning Approximately 450 Street Trees, are on file in the Clerk's office. On motion by Council Member Buffa, MOTION seconded by Council Member Humphrey, the contract was Awarded to Leonard awarded to Leonard'Chaidez Tree Service, Post Office Chaidez Tree Service Box 25427, Anaheim, for $21,375.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract 14136, J. C. Tract 14136 Gergen, developer, 326 North.Newport Boulevard, Newport J. C. Gergen Beach; one lot, 0.348 acres, located at 755 Joann Street, for condominiums. On motion by Council Member MOTION Buffa, seconded by Council Member Humphrey, and carried Map Approved 5-0, the map was approved; the Council did accept on behalf of the City, the ingress and egress easement for emergency and security vehicle purposes; did also approve said map pursuant to the provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City. Final Map for The Final Map was presented for Tract 14137, J. C. Tract 14137 Gergen, developer, 326 North Newport Boulevard, Newport J. C. Gergen Beach; one lot, 0.230 acres, located at 754 Joann Street, for condominiums. On motion by Council Member MOTION Buffa, seconded by Council Member Humphrey, and carried Map Approved 5-0, the map was approved; the Council did accept on behalf 'of the City, the ingress and egress easement for emergency and security vehicle purposes; did also approve said map pursuant to the provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; and the Clerk was authorized to sign on behalf of the City. Notice of Completion Bid Item 850, Demolition, Removal and Disposal of Pomona Valley Equip- Various Structures on Victoria Street between Harbor ment Rental Boulevard and Canyon Drive, was completed to the satis- faction of the Public Services Director on October 29, Bid Item 850 1990, by Pomona Valley Equipment Rental, Incorporated, Disposal of 11532 East End Avenue, Chino. On motion by Council Structures/Victoria Member'Buffa, seconded -by Council Member Humphrey, the Street Widening work was accepted; the Clerk was authorized to file a Notice of Completion; authorization was given to release J JL MOTION retention funds 35 days thereafter; the Labor and Work Accepted Material Bond was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the follow- ing roll call vote: AYES: ODUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: ODUNCIL MEMBERS: None Marie Maples On motion by Council Member Buffa, seconded by Council Woman of the Year Member Humphrey, Resolution 91-10, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION COMMENDING MARIE MAPLES ON BEING CHOSEN WOMAN OF THE Resolution 91-10 YEAR IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, Adopted was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: OOUNCIL MEMBERS: None Vaughn Redding On motion by Council Member Buffa, seconded by Council Man of the Year Member Humphrey, Resolution 91-11, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION COMMENDING VAUGHN REDDING ON BEING CHOSEN MAN.OF THE Resolution 91-11 YEAR IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, Adopted was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 922 Item 5(b) on the Consent Calendar was presented: Bid Console Recorder/ Item 922, Console Recorder/Playback Equipment. The bids Playback Equipment are on file in the Clerk's office. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the purchase price of the playback equipment. The City Manager stated the equipment will be used by the City's Communications dispatch operation and includes instant playback of emergency calls. The Mayor noted there are six console recorders being purchased. MOTION A motion was made by Council Member Humphrey, seconded Awarded to Dicta- by Vice Mayor Genis, to award the contract to Dictaphone phone Corporation Corporation, 3191 Broadbridge Avenue, Stratford, Connect- icut, for $15,900.00. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Item 7 on the Consent Calendar was presented: Agree - Analysis Central ment with Analysis Central Systems, Incorporated, 672 Systems Hawthorne Drive, Tiburon, for $73,000.00, to conduct an alternate workweek feasibility study for sworn Police Police Alternate Department personnel. Work Schedule Study Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the fee for the proposed feasibility study. The City Manager responded that the cost of the study included computer software for the new program, and the fee would be 50 percent reimbursed by the Police Association if the new schedule did not have a positive cost impact. MOTION On motion by Council Member Buffa, seconded by Vice Agreement Mayor Genis, the agreement was approved, and the City Approved Manager was authorized to sign on behalf of the City. L The motion carried by the following roll call vote: .AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Item 8 on the Consent Calendar was presented: Agreement Smith -Emery with Smith -Emery Company, 5427 East La Palma Avenue, Anaheim, not to exceed $21,873.50, for soil and material Soil and Material testing at the Costa Mesa Senior Center. Testing Council Member Humphrey applauded this agreement for taking into consideration contingency funds, and for the avoidance of future change orders. MOTION On motion by Council Member Humphrey, seconded by Vice Agreement Approved Mayor Genis, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MF24BERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced .the public hearing, continued from Park Dedication and the meeting of January 21, 1991, Park Dedication and In - In -lieu Fee Study lieu Fee Study: Review of the City's park dedication and in -lieu fee study which documents the impact of certain new resi- dential developments on the City's park and recreation system, and identifies an appropriate impact fee to levy against new developments creating the impacts. Resolution finding, and determining the population density standard for single- and multiple -family dwelling units, and amending the current in -lieu impact fee for acquisition of park land within the City. City Attorney Report Numbers 91-6, 91-7, and 91-8, on establishment of fees, and proposed ordinances. A communication was received from Herbert L. Smith, Vice President for Business, Southern California College, requesting an amendment to the proposed ordinance allow- ing full credit for existing units on a project site to offset the fee in lieu of land dedication. The Principal Planner summarized staff's memorandum of February 14, 1991, stating that this public hearing was continued to allow staff: (1) to respond to ques- tions raised by the Council and the development commun- ity, and (2) to update the appraisal upon which the original proposed fee schedule is based. He reported three workshops have been conducted with members of the development community, and the major product was the ordinance attached to the City Attorney's Report Number 91-7. He also reported that the revised appraisals were done by the firm of McMillan and Associates, 3631 South Harbor Boulevard, Suite 125, Santa Ana. He presented a transparency illustrating the fee schedules. He noted two options for consideration: (1) adopt the revised fee resolution and establish new fees for single- and multiple -family units in the low and medium density residential designations, or (2) adopt the ordinance drafted by the City Attorney's office, which includes a number of amendments that were previously recommended by 1 11 Council. He said City Attorney Report Number 91-6 offers an option to adopt notice ordinances putting developers on notice of a subsequent fee change. George Sakioka, Sakioka Farms, Incorporated, 14850 East Sunflower Avenue, Santa Ana, expressed thanks for the extra 30 days to work,on this issue and urged Council to support the park land alternative with the ordinance amendments drafted by the City Attorney's office, in conjunction with the notice ordinance. Ed Briggs, Briggs Income Fund, Limited, 23046 Avenida de la Carlotta, Suite 315, Laguna Hills, felt that the workshop was successful, and -he urged the following changes be considered: (1) using an average park as the basis for the fee schedule instead of the fair market value of unimproved residential land, (2) a yearly updated appraisal of the parks; (3) a credit be granted for demolishing existing units, and (4) an exemption for low income or bonus density units. Julie Vandermost, Orange County Chapter, Building Indus- try Association, 2001 East Fourth Street, Suite 224, Santa Ana, submitted a letter to the Clerk outlining concerns. She stated that the City Attorney's ordinance is a fair compromise, and she supported a revision to the dedication ordinance. Kerry Smith, Harbinger Homes, Incorporated, 375 Promon- tory Drive West, Newport Beach, stated his appreciation for the opportunity to work with the City on the proposed In -lieu Fees. He supported adopting the draft ordinance in its entirety and a park fee based upon the value of land to be used as parks, not the value of residential property. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, addressed the City Attorney's Report No. 91-7, specifi- cally Page 5, Paragraph 2(b), Credits, stating that the land remains within the private ownership of the resi- dents of each development, and this does not qualify as a park fee; Page 6, Paragraph 1, these amenities are only available to residents of each particular project. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the In -lieu fee is specifically designed for a project that has insufficient land to provide both the units in the project and a park. He also noted that the In -lieu fee should support a park to be built within five years and within a reasonable distance of the payer of the fee; and the unit price would go up to accommodate the increased fee. The City Manager stated that as of the end of calendar year 1990, there was approximately $250,000.00 in park development -funds, which is made up of park dedication fees. There being no other speakers, the Mayor closed the public hearing. Susan Napier, 526 E1 Modena Avenue, Newport Beach, representing MacMillin and Associates, answered ques- tions regarding the multi -density single-family fee. The Deputy City Manager/Development Services noted that on the March 4, 1991, agenda, there will be a Master Plan of Parks and Recreation which will expand upon the City's goals in the one to five year range. He stated that if the proposed study is accepted, adopting the notice ordinance would be in order if the intent is to adopt a fee resolution at a later date. Motion to Adopt A motion was made by Vice Mayor Genis, seconded by Failed to Carry Council Member Humphrey, to adopt an urgency ordinance, to add Section 13-495 to Article 5, Chapter III, Title 13 of the Costa Mesa Municipal Code relating to park and recreation fees in lieu of land dedication notice. The Deputy City Manager, responding to a question from Council Member Buffa, reported that State legislation entitles a City goverment to collect fees or required dedication of land.' He noted financing options to acquire park land would be the City's general fund money, general obligation bonds, park land improvement bonds, or benefit assessment districts. Council Member Glasgow said he would not support the motion because it would raise taxes. He mentioned that parks had at one time been funded by bond issues. A discussion ensued regarding raising taxes and the current price of housing. Council Member Buffa voiced his opinion that the park fee is actually a tax that will be added on to property prices. The urgency ordinance required a fourth -fifths vote, and therefore failed to carry 3-2, Council Members Buffa and Glasgow voting no. MOTION On motion by Vice Mayor Genis, seconded by Council Ordinance 91-5 Member Humphrey, Ordinance 91-5, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading ADDING SECTION 13-495 TO ARTICLE 5, CHAPTER III, TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO PARK AND RECREATION FEES IN LIEU OF LAND DEDICATION NOTICE, including vesting tentative maps, was given first reading and passed to second reading.by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Humphrey NOES: COUNCIL MEMBERS: Buffa, Glasgow ABSENT: COUNCIL MEMBERS: None MOTION A motion was made by Vice Mayor Genis, seconded by Fee Study Council Member Humphrey, to accept the Park Dedication Accepted and In -lieu Fee Study, and the Addendum, which does not imply an endorsement of any of the fees contained there- in. The motion carried 3-2, Council Members Buffa and Glasgow voting no. MOTION A motion was made by Council Member Humphrey, seconded Draft Ordinance by Vice Mayor Genis, to refer the draft ordinance and and Resolution resolution to the Planning Commission; the City Referred to Attorney's office to review the private improvements Planning Commission issue as the Quimby Act provides for credit for the value of open space within a development which is usable for active recreational uses, there being no reference to credit for any improvements within a private develop- ment; and to review the possibility of projects that are underway being allowed to pay the park fees as late in the process as possible; and to change the ordinance to state that if a subdivision for nonresidential purposes is changed to residential, then fees may be assessed. A substitute motion was made by Council Member Buffa, seconded by Council Member Glasgow, to place the park fee issue on the first available ballot; and request the 7" .. ^01Cy City Attorney's office to draft suggested wording for Council's approval. The motion failed to carry 3-2, Council Members Hornbuckle, Genis, and Humphrey voting no. The original motion carried 3-2, Council Members Buffa and Glasgow voting no. RECESS The Mayor declared a recess at 8:35 p.m., and the meet- ing reconvened at 8:50 p.m. PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of PA -90-103 the meeting of February 4, 1991, to consider an appeal Wade/Moore of the Planning Commission's decision for Planning Action PA -90-103 from Susan Wade, 1215 Las Arenas Way, Costa Mesa, authorized agent for Gary L. Moore, 221 West Wilson Street, Costa Mesa, for a Conditional Use Permit to construct a five -bay, self -serve car wash with four vacuums, and a second story office, storage, and equip- ment room; and variances from front setback requirements (20 feet required, 8 feet proposed), and from rear set- back requirements (45 feet required, 21 feet proposed), for property at 221 and 225 West Wilson Street in a Cl zone. Enrivonmental Determination: Negative Declara- tion. The Affidavit of Publication is on file in the Clerk's office. One letter was received from K. Virginia McMillan, 2253 Columbia Drive, Costa Mesa, expressing her opposition to the car wash because of the noise and the traffic that it would generate. The Deputy City Manager summarized staff's memorandum of February 14, 1991, and he noted that Mr. Moore was now represented by Chris West. He stated that the appli- cant's plans have been improved and presented a trans- parency which illustrated the changes, and answered questions from Council regarding.the front and rear yard setbacks and the second story space. Chris West, 15931 Oriole Lane, Huntington Beach, repre- senting the applicant, pointed out the substantial changes in the proposed car wash, specifically the outside wash bay, elimination of one vacuum, and an increase in the landscaping. He received clarification from the Deputy City Manager.on Item 13, Page 4, of the staff report, regarding demolition of the existing structure(s) before issuance of building permits. He stated that the car wash would comply with the City's noise standards as a model DH8 vacuum with a "quiet kit" will be used. He said that the second story will be used as an equipment room, and he clarified that the car wash will utilize a reclaimed water system. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in sup- port of the car wash, specifically addressing rear yard MOTION setback, trip ends statistics, and the dedication. On Granted Additional motion by Council Member Buffa, seconded by Vice Mayor Time to Speak Genis, and carried 4-1, Council Member Glasgow voting no, Mr. Soffer was granted one additional minute to speak. He was informed by the Director of Public Services that the property owner could be notified of an impending widening of Wilson Street. Gary Moore, 1216 Las Arenas Way, Costa Mesa, responded to questions from Council, and the dedication and ease- ment issues were discussed. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Council PA -90-103 Approved Member Humphrey, PA -90-103 was approved, per Section VIII, Planning Staff Findings, Page 20, of the staff report dated February 14, 1991, for rear setback; directing the applicant to arrive at mutually agreeable wordings that will accommodate the dedication of the 12 -feet required for any future road widening, and notice will be provided to the applicant when the widening of Wilson Street appears for the first time on the List of Capital Improvements; the hours of operation will be limited as suggested by the Planning Commission, specifically 7:00 a.m. to 9:00 p.m. weekdays, and 8:00 a.m. to 8:00 p.m. Sundays; and, normally were it not for the additional 12 feet that are needed for roadway purposes, only a 20 -foot setback from the existing right-of-way line would be required, and that is being provided, which will require a re -write of Condition 33, Page 10 of the Modified Conditions of Approval. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place R-91-01, PA -91-01 set for the public hearing to consider the request from Smith/Harbinger Kerry Smith, Harbinger Homes, 375 Promontory Drive West, Homes Newport Beach, for property at 232 and 240 Sierks Street. Rezone Petition R-91-01, to change the zoning from R1 to PDR -LD. Environmental Determination: Negative Declaration. Planning Action PA -91-09, for a Final Development Plan for a six -unit, single-family, small -lot subdivision with variances from common open space and street set- back requirements (25 feet landscaped depth required, 10 feet proposed);, and minimum garage door width re- quirements (18 feet required, 16 feet proposed). Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. A communication was received from Thomas R. Brown, 233 Robinhood Place, Costa Mesa, stating that the planned development standards are incomplete and recom- mending that this issue be returned to the Planning Commission for further consideration. The Deputy City Manager summarized staff's memorandum of February 14, 1991, and presented a transparency of the project for clarification. Kerry Smith, 375 Promontory Drive, Newport Beach, addressed the rezone,request, stating that changing the zoning from Rl to PDR -LD is consistent with the City's General Plan designation for the area, and allows for stricter standards and controls to be imposed by the City, and will downgrade the site from medium density to low density usage. He quoted from the staff report of February 5, 1991, which supported the planning action. He spoke on the proposed houses, stating the intent is to create an attractive, well-maintained project that blends with the neighboring properties yet upgrades the current site and increases the property values. He also discussed the common open space and street setback, and he withdrew his request for a garage door variance. L7. "JL There being no other speakers, the Mayor closed the public hearing. The Deputy City Manager reiterated that the R1 zone was intended for larger scale projects, and it creates a hardship when applied to a smaller project. MOTION A motion was made by Council Member Humphrey, seconded Ordinance 91-6 Given by Council Member Buffa, to adopt Negative Declarations First Reading of Environmental Impact for R-91-01 and PA -91-09; to give first reading to Ordinance 91-6, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT 232 AND 240 SIERKS STREET FROM R1 TO PDR -LD. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Humphrey, seconded by PA -91-09 and Council Member Buffa, and carried 4-1, Vice Mayor Genis Variances Approved voting no, Final Development Plan for PA -91-09, and variances from open space and street setback require- ments, with conditions and additional findings of the Planning Commission, were approved. MOTION On motion by Council Member Humphrey, seconded by Mayor Garage Door Width Hornbuckle, and carried 5-0, the garage door width Variance Withdrawn variance was withdrawn. PUBLIC HEARING The Clerk announced that this was the time and place R-91-02, PA -91-12 set for the public hearing to consider the request for Kashani/Eisendrath Rezone Petition R-91-02, Mike Kashani, 180 Newport Center Drive, Suite 180, Newport Beach, authorized agent for Frank Eisendrath, 104 Kings Place, Newport Beach, to change the zoning at 1928 Maple Avenue from R2 to R3. Environmental Determination: Negative Declaration. Planning Action PA -91-12, Mike Kashani, authorized agent for Pacific A & S Properties II, 180 Newport Center Drive, Suite 180, Newport Beach, for a Conditional Use Permit to convert a 16 -unit apartment project (now under construction) to condominiums with the addition of a 17th unit; Council review of request for a detached garage 25 feet from the front property line; and Tentative Tract Map T-14464, for a one -lot subdivision at 1928 and 1940 Maple Avenue. Request for density bonus for subject property. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The Deputy City Manager gave a brief description of the project as outlined in the Staff Report, and reported that the applicant wishes to proceed with the rezone hearing but is withdrawing the Planning Action for conversion and the map. He presented a transparency showing the R3 parcel and the parcel at 1928 Maple Avenue, which is the subject of the rezone. He also explained the density bonus request. Discussion ensued regarding the definition of, and qualifications for, a density bonus, and the number of units involved in this request. Mike Kashani, representing the applicant, showed photo- graphs depicting the subject project, and answered questions on the proposed affordable units. Mayor Hornbuckle pointed out that if the two sites were combined to take advantage of the density bonus, then the existing approval for the 16 units would be void. The Deputy City Manager responded that only the previous density bonus contract would be held void. John Waters, 747 West Katella Avenue, Orange, project architect, commented that the parcel at 1928 Maple Avenue is.being developed with six units at a lower density than the other project. He stated that because of being able to combine the two parcels, it is a more viable development. He noted that there is adequate parking with two covered spaces per unit, but there is no on-site.parking for visitors. There being no other speakers, the Mayor closed the public hearing. Motion Died for A motion was made by Council Member Buffa to approve the Lack of a Second density bonus for the subject property and approve the Withdrawn rezone of 1928 Maple Avenue for R2 to R3. The motion RECESS died for lack of a second. MOTION A motion was made by Council Member Buffa, seconded by Density Bonus Appro- Mayor Hornbuckle, to approve the density bonus; and, as ved; Ordinance 91-7 an additional incentive, to give first reading to Ordi- Given First Reading nance 91-7, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING AT 1928 MAPLE AVENUE FROM R2 TO R3, the second reading to be held for 90 days to 'allow for: (1) recording of a lot line adjustment, (2)' the development review, or the appropriate approval process for the project, occur; and (3) recordation of�a land use restriction based on the new density bonus agreement which will be for 30 years. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Buffa, Glasgow NOES: COUNCIL MEMBERS: Genis, Humphrey ABSENT: COUNCIL MEMBERS: None Vice Payor Genis requested information on market rates in Costa Mesa, and the Deputy City Manager was directed to provide this information at a later date. MOTION On motion by Council,Member Buffa, seconded by Mayor PA -91-12 Hornbuckle, and carried 5-0, Planning Action PA -91-12 Withdrawn and Tentative Tract Map T-14464 were withdrawn. RECESS The Mayor declared a recess at 10:55 p.m., and the meet- ing reconvened at 11:05 p.m. PUBLIC HEARING The Clerk announced the public hearing to consider an ZE-78-109A4 appeal of the Planning Commission's decision for Zone South Coast Plaza Exception ZE-78-109A4, from Luminous Neon Lighting, Post Office Box 2066, Bell Gardens, authorized agent for South Coast Plaza, 3315 Fairview load, Costa Mesa, for an amendment to the Planned Signing Program to allow a wall sign for the south elevation of the Edwards Cinema located at 3410 Bristol Street, Unit 3, in a TC zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A letter was received from Frank M. Haffar, Vice Presi- dent, Edwards Theatres Circuit, Incorporated, 300 Newport Center Drive,, Newport Beach, requesting a two- week continuance. MOTION On motion by Council Member Buffa, seconded by Council Continued to Member Glasgow, and carried 5-0, the public hearing was March 4, 1991 continued to March 4, 1991. OLD BUSINESS On motion by Council Member Buffa, seconded by Vice Execretory Functions Mayor Genis, Ordinance 91-3, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING MOTION SECTION 11-4 TO CHAPTER I,.TITLE 11, OF THE COSTA MESA Ordinance 91-3 MUNICIPAL CODE PROHIBITING THE PERFORMANCE OF EXCRETORY Adopted FUNCTIONS IN PUBLIC, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS Purchasing Regulations MOTION Ordinance 91-4 Adopted On motion by Council Member Buffa, seconded by Vice Mayor Genis, Ordinance 91-4, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 2, CHAPTER V, TITLE 2, OF THE COSTA MESA MUNICI- PAL CODE REGARDING,PURCHASING REGULATIONS, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey None None OLD BUSINESS The Clerk presented the Exchange Agreement with Sakioka Fire Station No. 6 Farms, 14850 Sunflower Avenue, Santa Ana, to exchange Sakioka-Farms property for construction of Fire Station No. 6, and Agreement supporting documents including a map depicting Lot Line Adjustment No. 90-11; grant deed; easement for ingress and egress on Avenue 'W'; escrow instructions; slope grading agreement; and agreement for escrow services with Chicago Title Company, 825 North Broadway, Santa Ana. MOTION On motion by Vice Mayor Genis, seconded by Council Agreement Approved Member Humphrey, the agreement and supporting documents were approved, the Mayor and Clerk were authorized to sign on behalf of the City, and the Clerk was authorized to record the Agreement. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented the Costa Mesa Civic Playhouse Civic Playhouse Patron's request for use of Neighborhood Community Patron's Rent Center for bingo under a reimbursable rental arrange - Relief Agreement ment. Bingo The City Manager summarized the memorandum from the Community Services Director dated February 14, 1991, which responds to Council's request that staff work with the Patron's group to determine an alternative means of funding their short term needs for bingo. MOTION On motion by Council Member Glasgow, seconded by Mayor Agreement Hornbuckle, the Civic Playhouse Patron's Rent Relief Approved Agreement was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None 323 Mayor Genis did not support the motion because the game of.bingo involves gambling. NEW BUSINESS The Clerk presented Planning Action PA -91-04, J. A. King PA -91-04 & Associates, 130 Newport Center Drive, Newport Beach, Sakioka Farms authorized agent for Sakioka Farms and Roy K. Sakioka Heliport and Sons, 14850 Sunflower Avenue, Santa Ana, for a Conditional Use Permit for a heliport on top of the Security Pacific Bank Building at 555 Anton Boulevard in a PDZ Zone. Environmental Determination: Negative Declaration. The Deputy City Manager reported that when the Security Pacific Bank Building was constructed, the helipad was designed into the structure of the roof, and he indi- cated this is the only building in the area with the structural design to support a heliport on the roof. He summarized staff's report of February 13, 1991, and clarified the routing of the helicopters. Jerry King, representing the applicant and Security Pacific National Bank, said the applicant had worked to effect the responses; necessary for the processing of this application, including completion of the noise study; and to alleviate inconvenience to tenants of adjacent buildings, they have coordinated with the management companies to notify the tenants of incoming and outgoing flights. He feels the applicant has met all requirements for the Regulation of Heliport Facili- ties. He noted that they would like to include the Bell 222, under the Conditions of Approval, Page 7, Item 1. In response to a question from the Mayor, he indicated where the monitors were placed for the noise study. Vice Mayor Genis questioned the number of flights which would be in the San Diego direction. Mr. King replied that the Los Angeles area was the primary destination. Tom Rogers, 2185 Vista Entrada, Newport Beach, associ- ated with Security Pacific Bank, stated he, along with others, will be using the heliport, and the flight plan to San ,Diego is controlled by the Federal Aviation Administration. Council Member Humphrey mentioned the number of heli- copter complaints received from people in the subject area, stating that the helicopters do not follow the flight pattern. Council Member Buffa said that most of the complaints about deviations from flight patterns are attributable to a commercial carrier from Los Angeles International, Airport landing at John Wayne Airport; and a number of complaints have been filed with the F.A.A. A discussion ensued regarding the helicopter operations within approved routes and deviations. Ricarda Bennett, 148 Gazania Court, Thousand Oaks, from Heliport Consultants, in response to a question from Vice Mayor Genis regarding routes taken during the Santa Ana winds, stated that a helicopter would take off, making the same loop in a reverse direction. The City Manager said that it is relatively easy to spot problem helicopters because of the Police heli- copter program and the contact available with pilots at John Wayne Airport. MOTION On motion by Council Member Buffa, seconded by Council PA -91-04 Member Glasgow, and carried 5-0, the Negative Declara- Approved tion of Environmental Impact was adopted; PA -91-04 was approved subject to conditions in the staff report; evenings and weekends were excluded from approved flying time; and the Bell 222 helicopter was added to the Sound Mitigation Measures and to Condition of Approval No. 1. NEW BUSINESS The Clerk presented the revised City of -Costa Mesa Personnel Rules Personnel Rules and Regulations. and Regulations On motion by Council Member Buffa, seconded by Council MOTION Member Glasgow, and carried 5-0, the Personnal Rules and Approved Regulations were approved as shown on the attachment to the memorandum of February 11, 1991, from the Personnel Services Director. NEW BUSINESS The Clerk presented the proposed policy to limit smoking NCC Smoking Policy at the Neighborhood Community Center (NCC). MOTION On motion by Mayor Hornbuckle, seconded by Council Continued to Member Glasgow, and carried 5-0, the proposed smoking March 4, 1991 policy was continued to the meeting of March 4, 1991. CITY ATTORNEY REPORT On motion by Council Member Buffa, seconded by Council Walker et al. Member Humphrey, and carried 5-0, authorization was given to settle Orange County Superior Court Case No. MOTION 58-71-97, City of Costa Mesa vs. Walker, et al, as Settlement recommended in the City Attorney's confidential Authorized memorandum dated February 13, 1991. In response to a question from Vice Mayor Genis, Mr. King stated that the heliport is available now for any emergency situation. NEW BUSINESS The Clerk presented the topic of appointments to the League of Calif- League of California Cities/Orange County Division for ornia Cities the Orange County Transportation Authority and the Appointments Regional Advisory and Planning Council. MOTION A motion was made by Council Member Buffa, seconded by OCTA Candidates Council Member Humphrey, to support the following candi- Supported dates for the Orange County Transportation Authority: lst District, Richard B. Edgar; 2nd District, Earle Robataille; 3rd District, Gene Wisner; 4th District, Iry Pickler; 5th District, Gary Hausdorfer; and the Member -At -Large, Dan Young. The motion carried 4-1, Council Member Glasgow voting no. Vice Mayor Genis pointed out that the deadline for candidates is February 21, 1991, and she urged the Mayor to use her discretion in the vote. MOTION A motion was made by Council Member Humphrey, seconded RAPC Candidates by Vice Mayor Genis, and carried 5-0, to support the Supported following candi dates for the Regional Advisory and Planning Council: lst District, Pat McGuigan; 2nd District, Grace Winchell; 3rd District, Irwin Fried; 4th District, Eva Miner; and 5th District, Phil Sansone. NEW BUSINESS The Clerk presented the Southern California Association SCAG Draft of Governments (SCAG) Draft Position, "Legislative Position Proposal on Regional Governance"._ MOTION On motion by Vice Mayor Genis, seconded -by Council Draft Opposed Member Humphrey, and carried 5-0, the ._SCAG draft was opposed, and the Mayor was authorized to=sign a proposed Position Letter on behalf of the City. NEW BUSINESS The Clerk presented the revised City of -Costa Mesa Personnel Rules Personnel Rules and Regulations. and Regulations On motion by Council Member Buffa, seconded by Council MOTION Member Glasgow, and carried 5-0, the Personnal Rules and Approved Regulations were approved as shown on the attachment to the memorandum of February 11, 1991, from the Personnel Services Director. NEW BUSINESS The Clerk presented the proposed policy to limit smoking NCC Smoking Policy at the Neighborhood Community Center (NCC). MOTION On motion by Mayor Hornbuckle, seconded by Council Continued to Member Glasgow, and carried 5-0, the proposed smoking March 4, 1991 policy was continued to the meeting of March 4, 1991. CITY ATTORNEY REPORT On motion by Council Member Buffa, seconded by Council Walker et al. Member Humphrey, and carried 5-0, authorization was given to settle Orange County Superior Court Case No. MOTION 58-71-97, City of Costa Mesa vs. Walker, et al, as Settlement recommended in the City Attorney's confidential Authorized memorandum dated February 13, 1991. '4-'Yh..• 8�� Y CITY ATTORNEY REPORT On motion by Council Member Humphrey, seconded by Amador Lawsuit Council Member Glasgow, and carried 5-0, authorization was given to settle Orange County Superior Court Case MOTION No. 60-74-78, Jose Garcia Amador vs. City of Costa Mesa, Settlement as recommended in the confidential memorandums from the Authorized Risk Manager dated January 28 and February 11, 1991. CITY MANAGER REPORT The City Manager presented the City policy on Military Military Reserve- Reserve Compensation. He explained that this policy Compensation would expand the existing policy in connection with the Persian Gulf conflict whereby the City would pay the salary difference for reserve officers for involuntary call-up for a maximum of 180 days. MOTION On motion by Council Member Buffa, seconded by Council Policy Approved Member Glasgow, and carried 5-0, the City policy on Military Reserve Compensation was approved. COUNCIL MEMBERS Council Member Humphrey commented that he would like to COMMENTS see prioritization of enforcement policies by enforce- ment officers; and look into mobile homes parked on the Enforcement Policies street. Transportation The Mayor reminded Council of the meeting on Friday, Commission February 22, 1991, at 5:30 p.m., in the fifth Floor Conference Room, to interview Transportation Commission applicants. ADJOURNMENT The Mayor declared the meeting adjourned at 12:00 a.m. Mayor the City of Costa Mesa ATTEST: \./. C'ty-Clerk of the City of Cost Mesa