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HomeMy WebLinkAbout11/19/1979 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 199 1979 The City Council of the City of Costa Mesa, California, met in regular session on November 19, 1979, 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 Paul Thomas, Church of Christ. Roll Call Council Members Present:, McFarland, Schafer, Raciti, Hertzog, Hall Council Members Absent: None Officials Present: City Manager, City Attorney, Assistant City Manager, Development Services Director, Director of Public Services, Assistant Planning Director, City Clerk Minutes On motion by Vice Mayor Schafer, seconded by Councilman November 5, Hall, and carried, the minutes of the special joint regular meeting meeting of the Redevelopment Agency and the City Coun- 1979 cil, and the regular meeting of the City Council, held held on November 5, 1979, were approved as distributed a posted as there were no corrections. Ordinances A motion was made by Councilwoman Hertzog, seconded by Councilman Hall, and carried, to read all ordinances by title only. CONSENT CALENDAR. On motion by Vice Mayor Schafer, sec- onded by Councilwoman Hertzog, all items in the Consent Calendar were approved in one motion by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members:, None ABSENT: Council Members: None Reading -Folder = The following Reading Folder items were received and processed: Claim - The following claim was received by the City Clerk and no action was required: State Farm Mutual Insurance Company on behalf of Barry Crawley.' Local Agency Communication from the Local Agency Formation Formation Commission advising that determination will be Commission made on November 14, 1979, in connection with proposed annexation to Mesa Consolidated Water District, designated Annexation No. 79-2, located in the general area of Sea Bluff Drive and,Vic- toric Street. Public Notice of Filing Petition to Modify from the Utilities Public Utilities Commission in the matter of Commission Southern California Edison Company, for authority to increase its base rates to recover increased expenditures made towards the development, pur- chase, and testing of advanced energy conserva- tion metering equipment. Alcoholic Beverage Alcoholic Beverage License applications for which L-icenses parking has been approved by the Planning Depart- ment from: John C. Hayes and John R. Williams, i 1 1 1 is End - doing business at 1033 El Camino Drive; and Lee C. Reading Folder Rarick, doing business at 2642 Newport Boulevard. Set for Public The following item was set for public hearing on Decem- Hearing ber 33 1979, at 6:30 p.m., in,the Council Chambers of City Hall: R-79-15 Rezone Petition R-79-15, The Reverend Conrad A. Nord- Nordquist/ quist,-authorized agent for the Bishop of the Protestant Episcopal Episcopal Church, Post Office Box 2165, Los Angeles, for Church permission to rezone property located at the southwest corner of Orange Avenue and Bay Street from R1 to PDR -HD (Planned Development Residential -High Density). En- vironmental Determination: Negative Declaration for General Plan Amendment GP -79-3A adopted November 53, 1979. Speed Limit on The Traffic Commission has recommended that the speed Fairview Road limit be reduced from 50 to 45 miles per hour on Fair- view Road from Interstate 405 to Sunflower Avenue because of increased residential development. On motion Ordinance 79-26 by Vice Mayor Schafer, seconded by Councilwoman Hertzog, First reading Ordinance 79-26, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 10-332 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO ESTABLISH SPEED LIMITS ON FAIRVIEW ROAD BETWEEN INTERSTATE 405 AND SUNFLOWER AVENUE, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Guard Rail on On motion by Vice Mayor Schafer, seconded by Council - Placentia woman Hertzog, and carried, alternative proposals for Avenue installation of a guard rail on Placentia Avenue near Swan Drive was continued to the meeting of January 7, Held Over 1979, as requested by the Traffic Commission. Prohibition of The Traffic Commission has recommended prohibition of Parking on Town parking on Town Center Drive from Bristol Street to Park Center Drive Center Drive in order to maintain adequate safety and to achieve controlled parking throughout the Town Center area. On motion by -Vice Mayor Schafer, seconded by Coun- Resolution 79-133 cilwoman Hertzog, Resolution 79-1333, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, PROHIBITING'PARKING ON A PORTION OF TOWN CENTER DRIVE, was adopted by the foll-owing roll call vote: AYES: Council Members: McFarland, Schafer; Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Prohibition of The Traffic Commission has recommended prohibition of Parking on Anton parking on Anton Boulevard beginning from 400 feet east Boulevard of the Bristol Street curb return easterly for 900 feet for adequate safety and controlled parking in the Town Center area. On motion by Vice Mayor Schafer, seconded Resolution 79-134 by Councilwoman Hertzog, Resolution 79-134, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF ANTON BOULEVARD, was adopted by the following roll call'vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Prohibition of The Traffic Commission has recommended denial of a citi- Parking on zen request to prohibit parking on the west side of Pomona Avenue Pomona Avenue between Sterling Avenue and 20th Street. ff1-�t- r'f.*jvt„jl�+ The Commission has found that no evident safety problems Denied were caused by parked vehicles but that removal of park- ing would create shortages for multi -unit dwellings. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, and carried, the request wa.s denied. Agreement - An agreement was presented between the City and Security Security Land Land and Right of Way Services, Incorporated, 110 West and Right.of Ocean Boulevard, Suite 426, Long Beach, for consultant Way Services services in connection with acquisition of several prop- erties for current City projects. On motion by Vice Right -of -Way Mayor Schafer, seconded by Councilwoman Hertzog, the Services agreement was approved, and the Mayor and Clerk were awarded to Tip Top authorized to sign on behalf of the City, by the'follow- Councilwoman Hertzog, a qualified acceptance was ap- ing roll call vote: amount of AYES: Council Members: McFarland, Schafer, $93,887.50, being the Raciti, Hertzog, Hall known and unknown; the Clerk was authorized to file a NOES: Council Members: None ABSENT: Council Members: None RA -78-17 Improvements in connection with Redevelopment Action Vile/Deyden RA -78-17, for property located at 1859 Orange Avenue, have been completed by Judd and Chris Vile, 1859 Orange Avenue, Costa Mesa, and by Mark Deyden, 188 Broadway, AYES: Council Members: McFarland, Schafer, Costa Mesa, developers, to the satisfaction of the Director of Public Services. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the work was NOES: Council Members: None accepted; and Savings Passbooks 19-0-033526 and 8670- 1487, in the amount of $11,000.00 each, were ordered exonerated by the following roll call vote: AYES: Council�Members: McFarland, Schafer, Raciti, Hertzog,,Hall NOES: Council' -Members: None ABSENT: Council Members: None Notice of Construction of the"Canyon Storm Drain, between Wilson Renewal - Completion Street and Victoria Street, has been completed by 2235, Tallahassee, Florida, was presented. The agree - Canyon Storm Thompson -Lee, Incorporated,, 15211 Coronado Street, Ana - Drain heim, to the satisfaction of the Director of Public in price of five percent. On motion by Vice Mayor Services Services. On motion by Vice Mayor Schafer, seconded by awarded to Tip Top the agreement was approved, and the Mayor and Clerk Councilwoman Hertzog, a qualified acceptance was ap- were authorized to sign on behalf of the City, by the amount of proved subject to the outstanding contingent claims, $93,887.50, being the AYES: Council Members: McFarland, Schafer, known and unknown; the Clerk was authorized to file a Raciti, Hertzog, Hall Notice of Completion; and the bonds were ordered exon- ABSENT: Council Members: None erated 35 days after the Notice of Completion has been filed, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreement Renewal of an agreement between the City of Costa Mesa Renewal - and the Municipal Code Corporation, Post Office Box Municipal Code 2235, Tallahassee, Florida, was presented. The agree - Corporation ment is for services in'connection with codification of the Costa Mesa Municipal Code, and reflects an increase Codification in price of five percent. On motion by Vice Mayor Services Schafer, seconded by Councilwoman Hertzog, renewal of awarded to Tip Top the agreement was approved, and the Mayor and Clerk Tip Top Tree were authorized to sign on behalf of the City, by the amount of following roll call vote: $93,887.50, being the AYES: Council Members: McFarland, Schafer, specifications, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 434 Bids received for Bid -Item 434, Custom Pruning of Tree Pruning Street Trees; are ori file in the Clerk's office. On motion by Vice Mayor'Schafer, seconded by Councilwoman Awarded Hertzog, the bid was awarded to Tip Top Tree Service, Tip Top Tree 1202 East Sixth Street; Santa Ana, in the amount of Service $93,887.50, being the lowest bid meeting specifications, 6 4 by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall .NOES: Council Members: None ABSENT: Council Members: None Bid Item 435 Bids received for Bid Item 435; Maintenance Service for Maintenance of Air Conditioning Systems, are on file in the Clerk.'s Air Condition- office. On motion by Vice Mayor Schafer, seconded by ing Systems Councilwoman Hertzog, the bid'was awarded to Western - Allied Service Company, 12046 East Florence Avenue; Awarded Santa Fe Springs, in the amount of $749.00 per month, Western -Allied being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Conference On motion by Vice,,Mayor Schafer, seconded by Council - Advances woman Hertzog, a Conference Advance in the amount of $800.00, for Jack Shuitt, Fire Department, to pick up repaired aerial ladder truck in Clintonville, Wisconsin, was approved by the'following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members:' None On motion by Vice Mayor Schafer, seconded by Council- woman Hertzog, a Conference Advance in the amount of $286.00, for a police officer to attend the Juvenile Law Enforcement Officers' Course in Sacramento, November 25 through 30, 1979; was approved by the following roll call vote: AYES: Council Members: McFarland. Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Project Area On motion by Vice Mayor Schafer, seconded by Council - No. 2 woman Hertzog, Ordinance 79-25, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF.COSTA MESA, CALIFORNIA, Ordinance 79-25 APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR PROJECT Adopted AREA NO. 2 (WALLACE`NEIGHBORHOOD STRATEGY AREA) IN THE CITY OF COSTA MESA, CALIFORNIA, AS THE OFFICIAL DEVELOP- MENT PLAN FOR SUCH PROJECT AREA, was given second reading and adopted by the following roll call vote: AYES: Council. Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Revenue Sharing The Assistant City Manager presented recommendations Funds for Social of the Social Program Screening Committee' -for Revenue Programs Sharing fund allocations. Seventeen requests were . received with a total doll.ar cost of $251,978.00; and the recommended funding total was $110,268.00. The recommended allocations are as follows: (1) Assess- ment Treatment Services Center, 1640 Southeast Bristol Street, Santa Ana, $10,000.00; (2) We T.I.P., Incorpor- ated, Post Office Box 858, Glendora, none; (3a) Orange Coast YMCA, Family Crisis Center, 420 West 19th'Street, Costa Mesa, $7,580.00; (3b) Del Mar Shelter, Costa Mesa, $32,470.00; (4) Family Development Program, Incorpor- ated, 362 Ocean Avenue, Laguna'Beach, none; (5) Y.S.P.., Incorporated, School Referral Program, 2803 Royal Palm Drive, Costa Mesa, none; ('6) Y.S.P., Incorporated, Community Restitution Program, $7,304.00; (7) Youth Employment Service, 542 West 19th Street, Suite B, Costa Mesa, $7,336.00; (8) Child Guidance Center, 171 East 18th Street, Costa Mesa, $1,040.00; (9) Orange Coast ZE-76-208A Arnel Held Over College Career Development Center, 2701 Fairview Road, Costa Mesa; $10,500.00; (10) Voluntary Action Center, Retired Senior. Volunteer Program, 1714 West Balboa Boulevard, Newport Beach, $7,000.00; (11) Feedback Foundation, Incorporated, Project TLC, 124 North Sulli- van Street, Suite E, Santa Ana, $12,638.00; (12)' First Methodist Church, Family Guidance Center, none; (13) Share Our.Selves (SOS), 538 Center Street, Costa Mesa, $11,000.00; (14) Newport -Mesa -Irvine Interfaith Coun- cil; FISH organization, 1670 Santa Ana Avenue, Suite C, Costa Mesa, $3,000.00; (15) New Directions for Women, Incorporated, 2601 Willo Lane, Costa Mesa, none; and (16) Center for Creative Alternatives, 132 East 18th Street, Costa Mesa, none.. Dr. Michael J. Scher, Executive Director of Creative Alternatives, was present and stated that even if the City could not allocate the entire $17,127.00 requested, their organ- ization would be hampered in carrying out the services they have been offering to youths in the area, unless some funds were forthcoming. He further stated that an extensive evaluation of their program is in process and will not be completed until the end of December. The following persons connected with Creative Alterna- tives spoke in support oftheir request: Joe Duquesnel, Youth Services Director; Nevah Gregory; Linda Whipple; Elizabeth Visconti; Janie Frietag; and Chris Olson. Dr. Scher returned to the podium and answered further questions from the Council concerning the time the city'.s Screening Committee would receive the evaluation report, and if funding had been received from other public agencies such as the City of Newport Beach, the County, Federal, or from United Way. Dr. Scher replied that no money has.been received from the City of Newport Beach, but that funds obtained from the City of Costa Mesa were used only for residents of this City; and application has been made to the other agencies. A motion was made by Councilman Hall, seconded by Vice Mayor Schafer., to approve the recommendations for Revenue Sharing allocations outlined above; and request- ing Creative Alternatives,to come back with their report when completed, at'which time their request would be reconsidered. During discussion; Councilman Raciti expressed his opinion that Council allocate enough money to this program so it could continue until a report was submitted, however, the motion car- ried by the following roll call vote: AYES: Council Members: McFarland, Schafer, Hertzog, Hall NOES: Council Members: Raciti ABSENT: Council Members: None The Clerk presented a request from Leonard Hampel, authorized agent for Arnel Development Company, 505 North Tustin Avenue, Suite 150, Santa Ana, for exten- sion of Zone Exception ZE-76-208A to September 1, 1980, for a planned development on South Coast Drive. Two communications have been received from the applicant: (1) Letter dated October 9, 1979, requesting the Plan- ning Commission to either extend Tentative Map 9936 for one year from January 18,1980, to January 18, 1981, pursuant to Government Code Section 66452.6(e) or grant a stay based on Government Code Section 66452.6(c); and (2) Letter dated October 19, 1979; requesting a retro- active extension of'Zone Exception ZE-76408A from September 1, 1979, to September 1, 1980. To sum up prior action, this property was involved in an Initia- tive on the March, 1978, ballot rezoning said property to R1, and subsequently this matter was heard in both the Superior and.Appellate courts. The Development Ser- vices Director reported that at their meeting of Novem- ber 13, 1979; the Planning Commission extended Tentative 1 Tract 9936 to January 18, 1981, subject to favorable City Council action on extension of ZE=76=208A, and also recommended that the Zone Exception be extended to September 1,-1980. `The City Attorney stated that for the record, he wanted to clarify some issues; that in the documents submitted by the applicant.'s representa- tive, specifically the previously mentioned letter's of October 9 and 19, 1979, they indicated the City refused to process a Final Tract Map which is a misstatement because that has not been the position of this City. He further explained that since January, 1979,'when the Youngblood decision+was brought to the Council's atten- tion in City Attorney's Opinion 79-03, it indicated that the Council had a right to process the Final Tract Map but applicant,'s right to building permits was still an issue. Councilman Hall stated that it would be difficult to make a'decision and suggested that this item be continued to December; and the City Attorney responded -that since his office has not yet made an in-depth study,"`a continuance would be insorder. Robert -Bower, Rutan and Tucker, Attorneys at Law, 401 Civic Center Drive West, Santa Ana, representing Arnel Devel- opment Company, requested that Council approve the recommendation of the Planning Commission. He further stated the delays in proceeding with their project has been costly to his client, and that inasmuch as the Appellate Court -has ruled the Initiative invalid, he could see no reason for Council to delay their decision. In response to Councilman Hall's inquiry, Mr. Bower conceded that the matter could be reheard within 30 days from the decision date, or go to the Supreme Court. On motion by Councilman Hall, seconded by:Councilwoman Hertzog, and carried, this item was continued to the meeting of December 17,1979. Warrant Resolution On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, Warrant Resolution 1088, including Pay - 1088 roll 7923, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, He.rtzog; Hall NOES: Council Members: None ABSENT: Council Members: None Claim - Flores The City Attorney reported that since his request for settlement authority in connection with the claim of Marie Conception Flores was discussed during the Special Executive Session held earlier in the day, no further action was required. Sale of Mardan The City Attorney reported that the sale of the Mardan Property property has been consummated and title has passed from the City to Mardan as of November 15, 1979. John Wayne/ The City Manager presented requests from the County of Orange County Orange for a Government Code Section 65402 resolution Airport from the Planning Commission and a Public`Utility Code determination from the City Council regarding purchase of land in the City for use by the John Wayne/Orange County Airport, said land to be used for vehicular and aircraft parking., The City Manager outlined the infor- mation needs and procedures of the City which are as follows. The County of Orange has proposed purchase of land in the City of Costa Mesa for use by'the John Wayne Airport. It is the City's position that the Planning Commission should not consider conformity of the pro- posal with the General Plan until more information is received. The Public Utility Code requires submittal of plans which "show in detail the airport related uses and other uses proposed". The City prefers to delay Plan- ning Commission consideration of the 65402 resolution until receipt of the information which was outlined in a letter to William E. Price from the Planning staff dated November 5, 1979. However; the Planning Commission must take action at their meeting of November 26; 1979 to com- ply with the 40 -day maximum review period established in the Government Code. Therefore, if the Planning Commis- sion takes action prior to receipt of the information requested in the previously mentioned letter to Mr. Price, a finding of conformity with the General Plan will be unlikely. The Planning Commission 65402 resolution will be forwarded to the City Council for consideration concurrently with the hearing required by.the Public Utility Code. The City',s primary concerns include the basic use of the property, whether structures are antic- ipated, and where access will be taken. It has been indicated that aircraft and vehicle parking is the intended use and presents the question if this will be limited to small, private planes, or if commercial air- craft will be included. The planned location of vehicu- lar access point will be necessary to evaluate impacts on the City's circulation system. As Airway Avenue between Baker Street and Paularino Avenue, has been dedicated, the City will be particularly interested in the planned method of circulation between the east and west portions of Site 3. While precise plans showing the size and arrangement of the parking spaces will not be necessary at this time,: the City will need to know the number of aircraft and vehicles anticipated. The location and type of perimeter walls or fencing are also of concern. The City, assumes that development of the site will include landscaping compatible in char- acter and amount with adjacent properties in the City. The City of Costa Mesa must also question the relation- ship of the proposed land purchase with the Master Planning efforts which are now taking place for the long term future of the Airport. Since information has been received that the Orange County Board of Supervisors will be asked to make a decision on the location of the terminal in January, 1980, the City questions whether this land purchase proposal is a precursor to a decision to move the terminal to the west side of the Airport. The City was assured that complete environmental infor- mation would be provided to the Board of Supervisors and to the City of Costa Mesa prior to any decision regarding terminal location. If the purchase of the land by the County is viewed in any way as a first step toward moving the terminal, the City must request that appropriate environmental information is submitted. Of special concern is that appropriate information regard- ing traffic and noise be submitted prior to any commit- ment which could be,interpreted as a forerunner to movement of the terminal to the Costa Mesa side of the Airport. It is the City's position that this informa- tion is necessary in order to make an informed decision regarding this proposal. The City Manager recommended the following action: that Council establish their position that prior`to a decision or public discussion before the Planning Commission as to the conformity of the County of Orange purchase., that they receive a 40 -day waiver from someone in authority, either the Board of Supervisors or the County Counsel; and to also inform the County to proceed under the provisions of the Public Utilities Code Section 21661.6 which may require a public hearing regarding the purchase of this property in the City. -of Costa Mesa. The City Attorney reported that he had a discussion on November 169 1979, with the Deputy County Counsel who represented that it was his understanding from the County Planning staff that they would comply with our request for fur- ther information and indicated there would be a waiver of the 40 -day statutory time limit. He further stated that since it is not known whether or not this is authorized representation, that Council should take the action recommended by the City Manager. The City Manager informed the Council that a letter had been received from the Mayor of Newport Beach requesting that they follow the procedures established by the Public Utilities Code and have a.public hearing on this purchase. On motion by Councilman Raciti, seconded'by Vice Mayor Schafer, and carried unanimously, the above outlined recommendation of the City Manager _ was approved, and authorization was given to transmit this action to the Chairman of the Board of Supervisors either by Minute Resolution or by letter. Music Center The City Manager reported that C. J. Segerstrom and Sons have donated to the Orange County Music Center group, a parcel of land in the City of Costa Mesa, located south of Sunflower Avenue and north of the South Coast Repertory Theatre, for a proposed music and cultural center, that discussions have been held with Mr. Segerstrom and the OCMC group by the City Manager and some Council Members; and that it was appropriate at this time for the Council to authorize a staff study on the parking needs, with-a report and/or recommendation to be brought back to Council about the possible parti- cipation or nonparticipati,on of this community into those parking requirements. The Mayor stated that he and Councilwoman Hertzog have met with members of the OCMC group and asked that she offer her comments. Councilwoman Hertzog expressed her opinion that there is much interest on the part of the community for a music and cultural center, and that it was a marvelous opportunity to have such a center located within the City. Councilwoman Hertzog further stated that this was the type of venture in which the City should become involved, and that if the-staff can recommend various parking options, it would be a way for the City to participate. She also mentioned that no City funds would be used. On motion by Councilwoman.Hertzog, seconded by Vice Mayor Schafer, and carried, the City Manager was authorized to initiate a staff study on the parking needs for the center, and to bring back a report or recommendation to the Council. Public Hearing The Clerk announced that this was the time and place set R-79-13 for the public hearing to consider Rezone Petition R-79- Tarnutzer- 13, Tarnutzer-Hamilton, Incorporated, authorized agent Hamilton/More- for Moreland Development Company, Incorporated, Post land Office Box 7600, Los Angeles, to rezone property located at 151 Kalmus DriVe`from MP (Industrial Park) to PDI (Planned Development Industrial). Environmental; Deter- mination: Negative'Declaration. The Affidavit of Publication is on file in'the Clerk's office. No com- munications have been received. The Planning Commission recommended approval based on the analysis and findings contained in the Staff Report. A second request was also presented at this time because it involvesthe same ZE-79-142 property, which was Zone Exception ZE-79-142, for a Con- ditional Use Permit`for'a Planned Development. Environ- mental Determination: Negative Declaration for Rezone Petition R-79-13. The Planning Commission recommended approval based on the analysis and findings outlined in the Staff Report, and subject to conditions as amended in said Report. The Development Services Director sum- marized pertinent information in the Staff Report which was as follows: Subject Property contains 15.84acres; project consists of 14 two-story and 3 one-story struc- tures; maximum height of buildings is 32 feet; maximum site coverage required by the City is 50 percent but applicant proposed only .a 34 percent coverage; City ordinance requires 551 parking spaces for this type of 45 d 1 project and applicant has proposed 762 spaces; and proposed landscaping by the applicant exceeds that required by the PDI designation. The Director also referred to the list of permitted uses as modified by staff' and amended further by the Planning Commission by deleting No. 169 Brokers, in connection with the Zone Exception. Further, he detailed the conditions which were amended -by the Planning Commission at their meeting of October 22, 1979. Condition 13, amended to read, "In Buildings 5 through 8 and 10 through 6, a maximum of 25 percent of the floor area of any unit shall be devoted to'office space. No building permits shall be approved for the interior alterations which result in office space exceeding the percentages estab- lished above. However, applications may be made to the Planning Commission for office areas exceeding the percentages set forth herein. Condition 15, amended to read, "A revised site plan shall be prepared under the direction of the Planning Division to concentrate more parking in the vicinity of Buildings 1 through 4 and Building 9. Said plan shall be submitted to the Planning Commission for review and approval prior to submittal of the required subdivision of the subject property." Condition 17, amended to read, "Miscellan- eous business and professional offices, including lawyer and CPA offices and the like, but excluding medical and dental offices." Tad Jones, Tarnutzer- Hamilton, Incorporated, spoke in opposition to that portion of Condition 13 which limits percentage of floor area to 25 percent of any unit for office space. Because of applicant's proposal to provide more parking and landscaping than is required, and voluntarily including additional use limitations by way of the CC and R,'s and deed restriction, Mr. Jones expressed his opinion that 50 percent would be a more appropriate figure. There being no,other speakers, the Mayor closed the public hearing. During Council discussion, Council Members Hall and Hertzog agreed that Condition 13 should allow for 50 percent office space. On motion by Coun- cilman Hall, seconded by Vice Mayor Schafer, the Nega- tive Declaration of Environmental Impact was adopted, and based on the analysis and findings contained in the staff report as well as the Planning Commission's recommendation to approve Rezone Petition R-79-13, Ordinance 79-27 Ordinance 79-27, being AN ORDINANCE OF THE CITY COUNCIL First Reading OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOTS 141 AND 142, BLOCK 69 IRVINE'S SUBDIVISION, FROM MP TO PDI, was Igiven first reading and passed to second reading by the following rol-1 call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None On.motion by Councilman Hall, seconded by Councilwoman ZE-79-142 Hertzog, and carried, Zone Exception ZE-79-142 was Approved approved based on the recommendation of the Planning Commission as well as the analysis and findings of staff as outlined in the Staff Report, and including the following: Commission's modification of Condition 15; their modification of Condition 13 with further amend- ment by the Council that in connection with Buildings 5 through 8 and 10 through 16, maximum floor area of any unit which is devoted to office space shall be 50 per- cent; deletion of Use 16, Brokers, on the Uses Permitted List; the Commission's modification of Condition 17; and addition of Condition 37 which shall read, "The Commercial/Office Uses shall be limited to Buildings 1, 29 3; 4, -and 9". 1 Public Hearing The Clerk announced that this was the time and place set R-79-14/Bourke for the public hearing for Rezone Petition R=79-14, David N. Bourke, 1500 Adams Avenue, Suite 313; Costa Mesa, to rezone property located at 2013-2029 Anaheim Avenue from R2 to R3. Envi-ronmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director sum- marized the application as shown in the Staff Report, stating that the existing 18 apartment units would be destroyed and a 24 -unit condominium constructed. The applicant was present to answer questions from the Council. Councilwoman Hertzog expressed her opposi- tion to the destruction of rental units. 'There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Schafer, seconded'by Councilman Hall, the Negative Declaration of Environmental Impact Ordinance 79-28 was adopted, and Ordinance 79-28, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING.OF A PORTION OF LOT 22, FAIRVIEW FARMS, FROM R2 TO R3, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members:- Hertzog ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place set Appeal of for the public hearing to consider the appeal of Zone ZE-79-94 Exception ZE-79-94, from Winston Verdult,,authorized Verdult/Kirchner agentfor Florence Kirchner, 2669 Santa Ana Avenue, Costa Mesa, to remove illegal signs within 30 days on property located at 1761 Newport Boulevard, in a C2 zone. Environmental Determination: Exempt. The Affi- davits of Publishing and Mailing are on file in the Clerk's office. No communications have been received. Mr. Verdult was present and stated that it would be dif- ficult to remove the illegal.signs in 30 days because of the Christmas season which is their busiest time of the year. Council Members Raciti and Hall concurred that a 90 -day extension would be more appropriate.. There being no -other speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Councilman Raciti, and carried, a 90 --day extension of time,was authorized for removal of illegal signs, which would make the deadline February 19, 1980. Public Hearing The Clerk announced that this was the time and place set Appeal of for the public hearing to consider the appeal of Zone ZE-79-167, Exception ZE-79-167,'from Andre R. Lopez,: 9472 Molokai Lopez Drive, Huntington Beach, to construct one apartment unit and garages in'.conjunction with an existing unit, with a Denied variance from the required front. yard setback for a non- conforming existing structure, located at 161 Broadway in an R2 zone. Environmental Determination: Exempt. The Affidavits of Publishing.and Mailing are on file in the Clerk's office. No'communications have been received. The Development Services Director reported that the Re- development Agency denied the request .at their meeting of November 71 1979. The applicant was present and spoke in support.of his request, stating that at the time he purchased the -,property he was told that he would be able to build, and asked if he could add two rooms to the present structure. The Development Ser- vices Director responded that if he wanted to make an addition to the present structure, new plans would be required and presented to.the Planning Commission and Redevelopment Agency. There being no other speakers, the Mayor closed the public hearing. Councilman Hall stated that this project might be approved if it were not located in the Redevelopment Area. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog., 1 !1 1 and carried, Councilman Hall voting no, the request was denied. Item Heard Out A motion was -made by Councilman Hall, seconded by of Agenda Order Councilwoman Hertzog; and carried, to hear Encroach- ment Permit EP -79-05 at this time. EP -79-05 The Clerk presented Encroachment Permit EP -79-05, Roy Mardan E. June, authorized agent for Mardan Foundation of Educational Therapy; Incorporated, 695 West 19th Street, Costa Mesa, to allow 13 parking spaces, a chain link fence, and playground equipment to encroach into newly acquired right-of-way until such time as the street is widened, for property located at the above address in a Cl zone. Environmental Determination: Exempt. The Planning Commission recommended approval based on the -analysis and findings- outlined in the Staff Report, and subject to the following conditions: (1) Applicant shall file a "Hold Harmless" agreement relieving the City of liability which is acceptable to the City Attor- ney's office; and (2) Submit Title Report. On motion by Councilman Raciti,' seconded by Mayor McFarland, and carried, the request was approved subject to the condi- tions recommended by the Planning Commission. Recess The Mayor declared a recess at 8:50 p.m. and the meet - meeting reconvened at 9:00'p.m. Public Hearing The Clerk announced•that this was the time and place set EIR for GP -78-3A, for the public hearing to consider the Environmental Revised Impact Report for General Plan Amendment GP -78-3A, Sakioka Farms Revised, Sakioka Farms, for property located in the area specified in the next item, GP -78-3A. The Affidavit of Publication is on file in the Clerk's office. No com- munications have been received. This item has been discussed at length at two previous Study Sessions. The Assistant Planning Director stated the project covered 165 acres, which is 1-1/2 percent of the land area in the City; could possibly add an additional 20 percent employment; and increase the City's population by three percent. The Associate Planner reported that the memoranda of November•9 and November 19, 19793, outlining the potential for affecting certain intersec- tions, are intended to serve as addenda to the EIR. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, the Environmental Impact Report, including the previously mentioned addenda, was accepted as accurate and adequate. Public Hearing The Clerk announced that this was the time and place set GP -78-3A for the public hearing to 'consider General Plan Amend- Sakioka Farms ment GP -78-3A, Royale Development Company, Incorporated, authorized agent for Sakioka Farms, Incorporated, 14850 Sunflower Avenue, Santa Ana, for permission to amend the land use designation of property located north of the San Diego Freeway, west of Main Street and the Costa Mesa Freeway,.south of Sunflower Avenue, and approxi- mately 1,300 feet east of Bristol Street, from Low Density Residential to Commercial Center (79.4 acres), Industrial Park (6.9 acres), Low Density Residential (8.8 acres), Medium Density Residential (30 acres), and for permission to amend the Circulation Element'of the General Plan. The Affidavit of Publication is on file in the Clerk's office. -No communications have been re- ceived. The Assistant Planning Director referred to his memorandum of November 15, 1979, which includes the following attachments: Revised Table 23, General Plan/ Circulation Option Impact Summary, which adds the Plan- ning Commission',s recommendation and the applicant,'.s 1 !1 1 2.163 revised proposal; and Circulation Options. The 'Planning Commission recommended 84 acres for residential use; 40 acres for commercial use, and 20 acres for industrial use, as well as approval of Circulation Option IV -D which shows a connector street between Anton Boulevard and Main Street. The Planning staff recommended up- grading of Sunflower Avenue, Anton Boulevard, and Flower Street to 106 -foot widths, with the connector street between Anton Boulevard and Main Street to be 60 feet in width. The applicant's revised proposals are as follows: 67 acres for residential use, 53 acres for commercial use, and 26 acres for industrial use; and proposed Circulation Option V -E. The Assistant Direc- tor, -in referring to the land use options, stated that the basic differences between the Commission's recommen- dation and the applicants revised proposal is the acre- age figure for commercial and residential`uses,'and additionally, there is some difference of -opinion as to the northeast corner of the property being used'for residential or commercial purposes. The applicant proposed commercial,use; and the Planning Commission recommended high density residential. Other items to be considered are: amendment to the PDC zone to allow . certain light industrial uses which would require a Conditional Use Permit and was recommended for approval by the Planning Commission'; amendment to the Park Dedi- cation Ordinance to`allow full credit for private facilities if public access is guaranteed, also -recom- mended for approval by the Planning Commission;,allow- ing excess of 30 units per acre on a portion of the property,for high rise development, and there was no recommendation from the Planning Commission; in connec- tion with the recommendation contained in the EIR to construct a fire station in this area, the Planning - Commission recommended that a 30,000 -foot parcel' of land be accepted from the developer for this purpose, that property owners in the area should be asked to contribute to the construction of said station,'but since the analysis -for this proposed recommendation is not yet completed, action could be delayed until a later date; and lastly, General Plan guidelines for project phasing, construction timing, Transportation System Management, housing opportunities, energy con- sumption and residential density limitation. During discussion, Council'concurred that the 10`acres'at the northeast corner of the subject property should be developed for commercial use, instead of residential, because of its proximity to the airport and freeway, and if this change were approved, the recommendation of the Planning Commission would reduce residential use to 74 acres. In response to the Vice Mayor's inquiry concerning.housing.opportun'ities, the Assistant Plan- ning Director stated that l0,percent of housing would be held_for first choice of refusal by employees in the community. Discussion was also held regarding the Central Orange County Circulation Study (CENTROCCS) which is for review of traffic and circulation problems and to develop a coordinated solution. Joseph Jaconi, Royale Development Company, 21515 Hawthorne Boulevard, Suite 630, Torrance; spoke briefly on the various issues which were outlined by the Assistant Planning Director, in particular the circulation element as it concerns the intersection of Sunflower Avenue and Flower Street; the proposed connector street between. Anton Boulevard and Main Street, expressing his opinion that this be a condition of future development; supported Royale's proposal for alignment of Anton Boulevard; endorsed the CENTROCCS traffic study; and suggested a study be made to determine the need and benefit of a fire station in the area. There being no other speakers, the Mayor closed the public hearing. The Assistant Planning Director suggested that a separate motion be made on C7, each issue and thereafter a resolution adopted i,ncorpor= ating the motions. Referring to the Assistant Planning Director's memorandum of November 15, 1979, and attach - Circulation ments, specifically the Traffic Circulation Elements; a Element motion was made by Councilman Hall, seconded by Vice Mayor Schafer, to adopt Option IV -D; approve street widths of 106 feet for Sunflower Avenue, Anton Boule- vard, and Flower Street, with the connector street between Anton Boulevard and Main Street to be 60 feet; determine that the apparent specific alignment of Anton Boulevard as shown.on'the revised Staff Proposal may not be, necessarily followed as shown, but may possibly be moved northerly; and acquire the right-of-way neces- sary to construct dual left turns at the intersection of Sunflower Avenue and Flower Street. The motion carried unanimously. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, a modifica- Land Use Option tion of the Land Use Option recommended by the Planning Commission shown on Table 2 was adopted, calling for 74 acres to be developed for High Density Residential; and 70 acres for Commercial Center with further direc- tion that approximately 20 acres of this area be devoted to research and -development, corporate headquarters, and industrial,uses, with variance of up to 10 percent since acreage is not exact. On motion by.Councilman Hall, seconded by Mayor McFarland, and carried, staff PDC Zone was directed to initiate an amendment to the PDC zone, Amendment to allow Research and Development and Light Industrial uses. On motion by Councilman Hall, seconded by Vice Park Dedication Mayor Schafer, and carried, staff was directed to initi- Amendment ate an amendment to'the Park Dedication Ordinance to allow full credit for private facilities if public access is guaranteed. On motion by Councilman Hall, Density seconded by Vice Mayor schafer, and carried, an amend - Amendment ment was adopted to allow densities in excess of 30 units per acre. A motion was made by Vice Mayor Fire Station Schafer, seconded by Councilman Hall, to hold the fire station issue in abeyance for 90 days. The motion carried unanimously. On motion by Councilman Hall, Project Phasing seconded by Vice Mayor Schafer, and carried, Project Phasing, as outlined on Page 16 of the document entitled "October 1979 General Plan Review", was adopted. On motion by Vice Mayor Schafer, seconded by Councilwoman Construction. Hertzog, and carried, Construction Timing, as outlined Timing on Page 16 of the document: entitled "October 1979 General Plan Review", was adopted. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, and TSM carried, Transportation System Management (TSM), as detailed on Page 16 of the document entitled "October 1979 General Plan Review", was adopted. Considerable Housing discussion was held concerning Housing Opportunities, Opportunities after which a motion was made by Mayor McFarland, sec- onded by Councilman Hall, determining that the developer commit to work with the City to explore various'ways of providing affordable housing on the subject property; and reserve 10 percent of the housing for employees in the area. The motion carried unanimously. On motion by Vice Mayor Schafer, seconded by Councilman Hall, and Energy carried, Energy Consumption, as outlined on Page 17 of Consumption the document entitled "October 1979 General Plan Review" was adopted. On recommendation of the Planning Commis- sion, Residential Density Limitation was eliminated. On motion by Vice Mayor Schafer, seconded by Council - Anton Boulevard woman Hertzog, and carried, a determination was made Extension that the Council may require extension of Anton Boule- vard to connect with Sunflower Avenue when warranted by traffic impacts, and said extension may be required with any phase of development. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, Resolution Resolution 79-135 79-135, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -78-3A, REVISED, AMENDING THE GENERAL PLAN 1 1 1 1 1 Councilmanic Comments Greenleaf Mobile Home Park OF THE CITY OF COSTA MESA; AMENDING THE CIRCULATION ELEMENT IN ACCORDANCE WITH SECTION 65357 OF THE GOVERN= MENT CODE OF THE STATE OF CALIFORNIA; ADOPTING AN AMENDMENT TO THE MASTER PLAN OF HIGHWAYS FOR THE CITY OF COSTA MESA, incorporating all the actions of the Council detailed above, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Councilman Hall reported that he is still receiving complaints from residents of Greenleaf Mobile Home Park, 1750 Whittier'Avenue, of industrial noise from adjacent -properties." The Development Services Director stated that the City's Zoning Inspector had investigated on several occasions, made contact with three or four of the industrialists, and found no violations. He further reported that the Inspector made arrangements to witness boat engine tests which were held last week, but he has not received the results as yet; also, that each time a noise complaint has been received from these residents, the Inspector has investigated"and found no violations. The Development Services Director offered the alternative of retaining an acoustical engineering firm to install sophisticated monitoring equipment for approximately one month, but stated that it would be very expensive. Councilman Hall stated that the moni- toring service probably would be too expensive to cons-ider, however, requested that a cost estimate be Obtained. Nazmack Councilman Hall also reported that he has -received a Complaint complaint from Mike Nazmack, 725 Center Street, that auto storage and repair is being done on the property adjacent to his home; that there are approximately 14 cars parked on the.site and.in the street and that repair work is being done.' Councilman Hall requested that staff investigate the matter. Joint Meeting Vice Mayor Schafer requested information regarding the with Santa Ana joint meeting between the City Councils of Costa Mesa Council and Santa Ana which is scheduled for November 29, 1979, at the Hungry Tiger Restaurant in Santa Ana, and asked if there was an agenda. The Clerk replied that .she had received a call from the Clerk of Santa Ana requesting that any items the Council wished to discuss be for- warded to her. Adjournment The Mayor adjourned the meeting at 11:05 p.m. Mayor of the ity b ost'a ` .esa ATTEST: i yer -of t o City of Costa a 9-N-1 •., K., k7�i