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HomeMy WebLinkAbout02/04/1980 - City Councilcy , REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 4; 1980 The City Council of the City of Costa Mesa., met in regular session on February 4, 1980, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by Councilman Hall, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Gene Talbot, First Christian Church. Roll Call Council Members Present: McFarland, Schafer, Raciti, Hall Council Members Absent: Hertzog Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, Assistant Planning Director, City Clerk Councilman Hall At the request of the Mayor, Councilman Hall chaired the Chairs Meeting meeting. Minutes On motion by Vice Mayor Schafer, seconded by Mayor January 21, 1980 McFarland, and carried, the minutes of the regular meet- ing of January 21, 1980, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilman Raciti, seconded by Vice Mayor Schafer, and carried, to read all ordinances by title only. CONSENT CALENDAR. The following items were removed from the Agenda: Item 1, Exchange of Southern California Edison Company Franchise Bonds; and Item 13(a) Bid Item 440, One Fire Truck. On motion by Vice Mayor Schafer, seconded by Mayor McFarland, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: McFarland, Schafer Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Reading Folder The following Reading Folder items were received and processed: Claims The following claims were received by the City Clerk and no action was required: Denise Davis; Attorney Jonathan R. Cox on behalf of Harry Johanson; and Ken and Shawn Fox. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Depart - Licenses ment from: T G I Friday's, Incorporated, doing business at One Town Center Drive; Clan Im- porters, Incorporated, doing business at 2790 Harbor Boulevard, No. 201; Hollyce S. Best, doing business as Gramma,'s House, 1400 Southwest Bris- tol Street; Forty Carrots, Incorporated, doing business at 3333 Bristol Street, No. 185; John M. Zubieta, doing business at 1712 "B" Placentia Avenue; and Gretchen Ann and Richard Hubert Moreno, doing business as Alta Dena Dairy, 1085 Baker Street. Alcoholic Beverage License application from Ronald L. Feitelson and Wayne N. Kirby, doing business as Tiger'',s Head; 2634 Newport Boulevard; which requires that site improvements be approved End - by the Planning Commission prior to commencement Reading Folder of business operations. Business Permit A request from West Coast Promotions, Post Office Box 321, Rancho Cucamonga, to hold a two-day antique show at West Coast the Orange County Fairgrounds, February 9 and 10; 1980, Promotions was approved subject to one condition of the Revenue Divisi-on. Set for Public A request from Mesa Tow Service, Incorporated, 2970 Hearing Grace Lane, Costa Mesa, for a Certificate of Public Convenience and Necessity, to provide towing services Mesa Tow Service within the City of Costa Mesa, was set for public hear- ing on March 3, 1980, at 6:30 p.m. Claim - Ondo On motion by Vice Mayor Schafer, seconded by Mayor Denied McFarland, and carried, the claim of James Ondo was denied. Agreement - An agreement between the City and Public Technology, Public Technology Incorporated, 1140 Connecticut Avenue Northwest; Wash- ington, D.C., was presented. The agreement is for City Street Cleaning participation in a "Street 'Cleaning Equipment Evaluation Equipment Program" with a view towards upgrading present equipment in order to improve the street cleaning function. On motion by Vice Mayor Schafer, seconded by Mayor McFar- land, the agreement was approved; the City Manager was authorized to execute said document on behalf of the City; and an expenditure of $10,000.00 was authorized for the project, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Prohibition The Traffic Commission has 'recommended prohibition of of Parking on parking on Peppertree ane for street sweeping,purposes, Peppertree Lane as requested by local residents. On motion by Vice Mayor Schafer, seconded by Mayor McFarland, Resolution Resolution 80-12 80-12, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON FRIDAYS BETWEEN 10:00 A.M. AND 12:00 P.M. ON PEPPERTREE LANE FOR THE PURPOSE OF 'STREET SWEEPING, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Prohibition The Traffic Commission has recommended prohibition of of Parking on parking on Orange Avenue between Santa Isabel Avenue Orange Avenue . and Wilson Street for street sweeping purposes, as requested by residents in the area. On motion by Vice Mayor Schafer, seconded by Mayor McFarland, Resolution Resolution 80-13 80-13, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON THURSDAYS BETWEEN 9:00 A.M. AND 11:00 A.M. ON A PORTION OF ORANGE AVENUE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: Council Members; McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Improvements The Director of Public Services has recommended accept - in Tract 9781 - ance of improvements in Tract 9781 by Tom Landolf, Landolf developer, Post Office Box 1154, Laguna Beach, for 1 1 7L 1 1 Multi -Modal Transportation Study Resolution 80-14 Two New.Job Classifications Resolution 80-15 property located at 2170 Canyon Drive. On motion by Vice.Mayor Schafer, seconded by Mayor McFarland, the work was accepted, -:and the bonds were ordered exon- erated., by the following roll call vote: AYES: Council Members; McFarland; Schafer; Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog A letter to the Council dated January 25, 1980; concern- ing a study of future transportation conditions in the County of Orange, was presented. The communication from the Director.of Public Services summarizes recommenda- tions made to the Orange County Transportation Commis- sion (OCTC) by the study's consultant, after which OCTC will select a 1995 circulation plan for the County based on this study. The Director of Public Services also included seven recommendations to the Council to be incorporated in a resolution to OCTC which express City views and preferences. On motion by Vice Mayor Schafer, seconded by Mayor McFarland, Resolution 80-14, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGARDING THE ORANGE COUNTY MULTI- MODAL TRANSPORTATION STUDY, incorporating the recommen- dations outlined in the communication from the Director of Public Services, was adopted by the following roll call vote: AYES: Council Members; McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog The City Manager has recommended the addition of two new job classifications: Photo Lab Supervisor and Real Property Agent. The former classification would be a "civilian" position instead of the prior sworn super- visory position which was vacated due to retirement. This change would reduce payroll costs to the City since it appears a sworn supervisor is not necessary for this position. The classification of Real Property Agent is only a change in title of what was previously called "Right -of -Way Agent". On motion by Vice Mayor Schafer, seconded by Mayor McFarland, Resolution 80-15, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CREATING NEW CLASSIFICATIONS AND ESTABLISHING THE RATES OF PAY FOR POSITIONS TO BE ADDED TO THE BASIC SALARY RESOLUTION, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Conference On motion by.Vice Mayor Schafer, seconded by Mayor Advances McFarland, a Conference Advance for three police officers to attend the California Homicide Investigators Annual Seminar in San Diego, was approved in the amount of $690.00, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog On motion by Vice Mayor Schafer, McFarland, a Conference Advance to attend the Governmental Risk Tucson, Arizona, was approved in by the following roll call vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: seconded by Mayor for the Purchasing Agent Management Seminar in the amount of $200.00, McFarland, Schafer, Raciti, Hall None Hertzog Bid Item 442 Bids received for Bid Item 442, Furnishing of Uniforms Uniforms for Fire; for Police, Fire; and Communications Personnel; are on Police; and Com- file in the Clerk.',s office. On motion by Vice Mayor munications Schafer; seconded by Mayor McFarland; the bid was Personnel awarded to Work Duds Division; L and N Uniforms Supply Company; 1618 East Edinger Avenue; Santa Ana, being the Awarded to lowest bid meeting specifications, by the following roll Work Duds Division call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Bid Item 444 Bids received for Bid.Item 444, One Truck with Special Truck with Body, are on file in the Clerk.',s office. On motion by Special Body Vice Mayor Schafer, seconded.by Mayor McFarland, the bid was awarded to Hendricks GMC Trucks, Incorporated, 1710 Awarded to South Anaheim Boulevard; Anaheim, in the amount of Hendricks GMC $8,262.00 plus tax, being the lowest bid meeting speci- Trucks fications, by the following roll, call vote: AYES: Council Members: McFarland, Schafer; Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Bid Item 445 Bids received for Bid Item 445; Instant Dry Traffic Traffic Line Line Paint, are on file in the Clerk,'.s office. On Paint motion by Vice Mayor Schafer, seconded by Mayor McFar- land, the bid was awarded to Baltimore Paint and Awarded to Chemical Company; 3113 East 26th Street, Los Angeles, Baltimore Paint in the amount of $6,895.30, being the lowest bid meeting and Chemical specifications, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog HCDA Family City staff, after successful completion of negotiations, Housing Program has recommended purchase of the following two parcels for the Housing and Community Development Act (HCDA) Family Housing Program: parcel located at 761 West 20th Street, and parcel located at 1985 Wallace Avenue, for a total of 26,930 square feet. On motion by Vice Mayor Schafer, seconded by Mayor McFarland, authorization was given to proceed with the,purchase at the appraised value'of $184,500.00; with escrow to open at the earli- est possible date, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall End - NOES: Council Members: None Consent Calendar ABSENT: Council Members: Hertzog Edison Company Item 1 in the Consent Calendar, Exchange of Franchise Franchise Bonds Bonds for Southern California Edison Company, was removed from the Agenda because this transaction had Removed from Agenda been approved at -a previous meeting. Bid Item 440 Item 13(a) in the Consent Calendar, Bid Item 440, One Fire Truck Fire Truck, Tractor Drawn, 100 -Foot Ladder, was presented. On motion by Vice Mayor Schafer, seconded Held Over by Mayor McFarland, and carried, this item was continued to the meeting of.February 19, 1980. Mobile Food On motion by Mayor McFarland, seconded by Vice Mayor Vehicles Schafer, Ordinance 80-1; being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING Ordinance 80-1 HEALTH AND SANITATION REGULATIONS CONCERNING MOBILE FOOD Adopted VEHICLES TO THE CODE THE SAME AS ORANGE COUNTV.S, was given second reading and adopted by the following roll call vote: 1 g AYES: Council Members: McFarland; Schafer, Raciti Hall NOES: Council Members: None ABSENT:. Council Members: Hertzog Work on Streets On motion by Vice Mayor Schafer; seconded by Councilman Raciti; Ordinance 80-2; being AN ORDINANCE OF THE CITY Ordinance 80-2 COUNCIL OF THE CITY OF COSTA MESA; CALIFORNIA, AMENDING Adopted TITLE 15 OF THE COSTA MESA MUNICIPAL CODE UPDATING CHAPTER II, WORK ON OR AFFECTING STREETS, was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Permit and In connection with implementation of Ordinance 80-2, a Inspection Fees motion was made by Mayor McFarland, seconded by Vice Mayor Schafer, to..adopt Resolution 80-16; being A Resolution 80-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, ESTABLISHING PERMIT ISSUANCE AND INSPECTION FEES FOR "PUBLIC RIGHT-OF-WAY EXCAVATION AND CONSTRUCTION PERMITS". The motion carried by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Land.Dedication/ On motion by Councilman Raciti; seconded by Vice Mayor .Park Fees Schafer, Ordinance 80-3; being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA; CALIFORNIA, AMENDING Ordinance 80-3 TITLE 13, SECTIONS 407 AND 493 OF THE MUNICIPAL CODE TO Adopted PERMIT CREDIT FOR PRIVATELY DEVELOPED, OWNED, AND MAIN- TAINED PUBLIC OPEN SPACE IN LIEU OF LAND DEDICATION OR PAYMENT OF FEES FOR PARK PURPOSES, was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Bicycle Trails The Clerk presented .from the meeting of January 21, Committee 1980, consideration of establishing a Bicycle Trails Committee as a subcommittee of the Costa Mesa Traffic Held Over Commission. Councilman Hall suggested that this item be discussed at the Study Session of February 11, 1980. Robert Graham, member of the Traffic Commission, was present and agreed to discussion at the Study Session. On motion by Vice Mayor Schafer, seconded by Councilman Hall, and carried, this item was referred to the Study Session of February 11, 1980, and continued to the Council,meeting of February 19, 1980. Water Service The Clerk presented a proposed water service contract for Wallace NSA with the Mesa Consolidated Water District for improve - Redevelopment ments in Redevelopment Area No. 2 (Wallace Neighborhood Area No. 2 Strategy Area). Tony Cannariato, Community Development Coordinator, summarized previous Council action for this project, stating that in 1978, Council had allocated $250,000.00 for public improvements in subject area. Since that time, the estimated cost for water improve- ments has increased to approximately $510,000.00. Mr. Cannariato referred to the memorandum from the Redevel- opment Agency Director to the Council dated January 28, 1980, which details the options available to fund said project, referring specifically to the option of using the $393,000.00 allocated to the Housing and Community Development (HCD) for fiscal year 1979-80, and the remainder of $117;000.00 to be obtained from HCD fiscal year 1980-81 funds. Carl Kemp of Mesa Con- solidated Water District was present to answer questions from the Council. Mr. Kemp stated that the cost of $5109000.00 should remain firm for approximately 60 days if the job has gone out to bid by then. The City Attorney stated that his office is still working with the Water District on -terms of the contract and recom- mended that improvements and funding be approved in concept only, with the agreement to be considered at a later date. On motion by Vice Mayor Schafer, seconded by Councilman Raciti .9 the project was approved in con- cept, and the City Attorney was authorized to formulate a contract for water improvements by the Water District, said contract to.be approved by the City Council. The motion carried by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Warrant On motion by Councilman Raciti, seconded by Vice Mayor Resolution 1095 Schafer; Warrant Resolution 1095, including Payroll 8002, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Warrant On motion by Councilman Raciti, seconded by Vice Mayor Resolution 1096 Schafer, Warrant Resolution 1096 was approved by the following. roll call vote: AYES: Council Members: McFarland, Schafer, Raciti; Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Narcotics The City Attorney reported that Urgency Ordinance Paraphernalia 79-24, adopted October 15, 1979; concerning adult uses which may be in conflict with the City's general zoning regulations, expires February 15, 1980, unless the Council finds that it is in the best interest of the City that said Ordinance be extended for an additional eight months. He further stated that there is litiga- tion pending in the courts regarding the sale of narcotics paraphernalia; and therefore a lack of clarity exists at this time. -In-view of the information regard- ing pending litigation, a.motion was made by Vice Mayor Urgency. Schafer, seconded by Mayor McFarland, to adopt Ordinance Ordinance 80-4 80-4, being AN ORDINANCE OF THE CITY COUNCIL OF THE Adopted CITY OF COSTA MESA, CALIFORNIA, CONCERNING THE SALE AND DISPLAY OF NARCOTIC AND OTHER PARAPHERNALIA AND EXTEND- ING THE REGULATION THEREOF WITH REASONS THEREFOR. The motion carried by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Request for The City Attorney referred to his request for an. Executive Executive Session to discuss pending litigation, but Session has been advised that most of the items will be con- sidered at a different date and time. He therefore proceeded to report briefly on the following cases. Arnel Case The City Attorney related that in regard to the Arnel Case which will be heard by the California Supreme Court, three law firms representing the Legal Aid Society and the Western Center on Law and Poverty have requested, and have been granted, permission to file an rl 1 18 Amicus Curiae brief. The City of Alameda has also requested the right to file an Amicus Curiae brief, and permission was granted. Metromedia The City Attorney referred to his memorandum to the versus City Council dated January 303' 1980; which details the of San.Diego latest information concerning Metromedia versus the City of San Diego' pertaining to billboards. The California Supreme Court has granted a rehearing of its initial decision. Music Plus Four In regard to Music Plus Four versus the City of West - versus City of minster, sale of narcotics paraphernalia, the City Westminster Attorney stated that this case is going up on appeal and requested authorization to lend the name of the City in support of that appeal. On motion by Mayor McFarland, seconded by Vice Mayor Schafer, and carried, Council authorized the City Attorney to file an Amicus Curiae brief as requested. Mustang Ranch The City Attorney reported that in regard to the case Litigation of Mustang Ranch Studio versus the City of Costa Mesa, this matter has been continued at the trial court level due to illness of the plaintiff. A specific date has not been set. Fairgrounds Concerning the City's lawsuit against 32nd District Litigation Agricultural Association (Fairgrounds), the City Attorney related that he has just been advised that the City's brief is due on March 39 1980. Deferred The City Manager presented a Deferred Compensation Plan Compensation for the City's non-executive employees. He reported Plan for Non- that executive personnel have participated in this type Executive of plan since 1973 'and that last year a request was Employees received from one of the employee groups to provide such a plan for all employees., On motion by Mayor McFarland, seconded by Vice Mayor Schafer; "Deferred Compensation Plan for Employees of the,City of Costa Mesa on the Basic Pay Schedule," was approved; and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Agreement - On motion by Mayor McFarland, seconded by Vice Mayor National Plan Schafer, an agreement between the City and National Plan Coordinators Coordinators, 444 West Ocean Boulevard, Suite 15149 Long Beach, for administration of the Deferred Compensation Plan for City employees, was approved, and the City Manager was authorized to -execute said document on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog IOD Status - The City Manager requested authorization to extend the Casey Injury on Duty (IOD) status of Sergeant Don Casey for an additional three months past February 15, 1980, because he has exhausted his vacation, sick leave, and accrued time. It appears Sergeant Casey may be able to return to duty status in approximately three months. On motion by Vice Mayor Schafer, seconded by Councilman Raciti, and carried, the extension was granted. Public Hearing The Clerk announced that this was the time and place set R-79-16 for the public hearing for Rezone Petition R-79-163, Brooks Jimmy B. and Rebecca A. Brooks, 1668 New Hampshire Drive; Costa Mesa.' for permission to rezone property 1 r located at 920-926 West 18th Street from R2 to R3. En- vironmental Determination: Negative Declaration. The Affidavit -of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director; in reviewing the request, advised that although the,subject properties do.not have sufficient area for recommendation of R3 zoning, the applicants are proposing combination of the subject parcels with the westerly two parcels for total property area of .90 -acre. Also; the applicants have filed a Conditional Use Permit and Tentative Tract Map for con- struction of a 167unit condominium project for all four lots. The Planning Commission.recommended approval of R3 zoning.with second reading of the ordinance to be held until all properties ''have been combined. The applicants were not present. There being no speakers, Councilman Hall closed.the public hearing. On motion by Mayor McFarland, seconded by Vice Mayor Schafer, the Negative Declaration of Environmental Impact was Ordinance 80-5 adopted; Ordinance 80-5, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 1004,.NEWPORT MESA TRACT, FROM R2 TO R3, was given.first reading; and Council stipulated that second reading and adoption of said Ordinance is to be scheduled after the parcels have .been legally combined, by,the following roll call vote: AYES: Council Members: McFarland, Schafer, Hall NOES: Council Members:. Raciti ABSENT: Council Members: Hertzog Public Hearing The Clerk announced that this was the time and place R-80-01 set for the public hearing to consider Rezone Petition Royale/Sakioka R-80-01, Royale Development Company, 21515 Hawthorne Boulevard, Suite 630, Torrance, authorized agent for Roy K. Sakioka, Incorporated- 14850 Sunflower Avenue, Santa Ana, for permission to rezone property bound by the Town Center, San,Diego,_and Costa Mesa Freeways; and Sunflower Avenue, from Al and C2 to PDC (Planned Development Commercial) and PDR -HD (Planned Development Residential - High Density,). Environmental Determina- tion: Environmental Impact Report for General Plan Amendment GP -78-3A, Revised, approved by Council on November 19, 1979. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Assistant Planning Director reported that subject project contained approximately 151 net acres; that the designations -of 77.6 acres for Planned Develop- ment Residential - High Density, and 73.4 acres for Planned Development Commercial, are within the 10 per- cent flexibility range established by Council when the General Plan was considered.. The Planning staff and Planning Commission recommended approval. There being no speakers, Councilman.Hall closed the public hearing. On motion by Mayor McFarland, seconded by Vice Mayor Ordinance 80-6 Schafer, Ordinance 80-6, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 10 WEST., IN,THE LAND ALLOTTED TO JAMES McFADDEN, FROM Al AND C2 TO PDC AND 'PDR -HD, was given first read- ing and,passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: -Council Members:, Hertzog ZE-80-14 The Clerk presented Zone Exception ZE-80-141 Royale Royale/Sakioka Development Company, authorized agent for Roy Sakioka, Incorporated, for a development plan to permit con- struction of an 880;000 -square -foot Planned Commercial 1 r add Condition No. 25 in its place; this would again eliminate reference to CENTROCCS. In the Staff Report referenced earlier; Condition No. 25 reads: "Consistent with the .':project phasing,implementation guideline of General Plan Amendment GP -78-3A, Revised, which requires equal proportions of the commercial/industrial and resi- dential components to be constructed within the same project phase, applicant is reminded that building per- mits shall be issued concurrently for the first phase of commercial/industrial and residential development on the same property." Staff has recommended that the last Development with a variance from parking from required landscaped setback along the San Diego Freeway; located northwest of the San Diego/Costa Mesa Freeway; in a pending PDC zone. Environmental Determination: Environ- mental Impact Report for General Plan Amendment GP -78-3A, Revised. The Assistant Planning Director reported that in reference to the request for a setback variance, the City',s ordinance calls for a 25 -foot set- back and the applicant is requesting a reduction to 10 feet. Both the Planning Commission and Planning staff, have recommended approval since similar setback vari- ances have been approved for other properties along the San Diego Freeway; there is considerable setback and landscaping on the freeway right-of-way between the property line of the Sakioka development and the San Diego Freeway. In addressing the parking variance, the Assistant'Planning Director stated that the applicant is proposing that 12 percent'of the required parking spaces be designated for compact cars, with dimensions of 7-1/2 feet wide and 15 feet deep. The Planning staff recom- mended approval. The Planning Commission recommended denial because they felt that the spaces were too narrow and notdeep enough for design of the parking lot, so that if a large car would,park in the stall, it would extend into the driving aisle and cause traffic circu- lation problems. The next area of discussion covered by the Assistant Planning,Director was in regard to the conditions contained in the Staff Report from the Plan- ning Commission meeting of January 14, 1980. Staff has recommended amendment of Condition No. 2 as follows: "Applicant shall submit evidence of reciprocal use of the drive located along the western property line which serves the Twin Towers development within the Town Center," and adding; "or a revised site plan which eliminates the proposed mutual drive on the western property line shall be approved by the Planning Commis- sion. Either option shall be approved prior to the issuance of building permits". The wording change would give the applicant'an alternative of submitting a revised site plan which would eliminate reciprocal use of the western property line driveway. Staff recom- mended rewording of Condition No. 3 to read: "A Traffic Systems Management Program for the proposed development shall be submitted to thOirector of Public Services for review and approval prior to final occupancy being granted for the development (instead of 'prior to the issuance of building permits.'). Said program shall include the items discussed in the implementation guide- lines of General Plan Amendment GP -78-3A, Revised." The Assistant Planning Director advised that although discussion has not been held with the applicant, staff is recommending a change i;n Condition No. 4 which is merely a clarification: ",Applicant shall participate in the funding of off-site improvements as specified in the agreement signed on November 9, 1979, by the Royale Development Company", deleting reference to the Central Orange County Circulation Study (CENTROCCS) due to pos- sible confusion which could arise between CENTROCCS and the Inter -City traffic study group. The Planning Com- mission recommended that Condition No. 5 be deleted and add Condition No. 25 in its place; this would again eliminate reference to CENTROCCS. In the Staff Report referenced earlier; Condition No. 25 reads: "Consistent with the .':project phasing,implementation guideline of General Plan Amendment GP -78-3A, Revised, which requires equal proportions of the commercial/industrial and resi- dential components to be constructed within the same project phase, applicant is reminded that building per- mits shall be issued concurrently for the first phase of commercial/industrial and residential development on the same property." Staff has recommended that the last phrase be deleted, substituting the wording; "applicant shall submit reasonable evidence; acceptable to the Planning Division, that as equal portions as practical of the;commercial/industrial and residential components of the project will be completed concurrently." The Planning Commission alsoadded Condition No. 26, " Revised plans shall be returned to the Planning Commis- sion for approval", due to their suggestion that 750,000 square feet be the maximum development scale for this project. Also added by the Planning Commission was Condition No. 27; "Revised Energy Mitigation Report shall be submitted'to the Planning Commission for review and approval prior to issuance of building permits"; this addition was made because the Commissioners felt the previously submitted report was not adequate. The last issue summarized by.the Assistant Planning Director was the scale of development; advising that the appli- cant has proposed development on 880,000 square feet of land, but the General Plan Amendment indicates that the first phase of development should not exceed 750,000 square feet. He briefly'reviewed possible options available but stated that the size of the initial devel- opment could be discussed at a later date. Also in connection with scale of, development, the Planning Com- mission recommended that the total scale of commercial development not exceed 1;2 million square feet, although at the time,the General Plan Amendment public hearing, the footage discussed for commercial development was 1:6 million square feet;;the difference representing the fact that the Planning Commission recommended that the northeast corner of the property be developed for residential use rather than commercial. The Planning Commission also recommended a 1.2 million square foot limitation for commercial development, and to accomplish this they suggested that possibly 20 acres of the com- mercial area be redesignated for residential use. Joe Jaconi, Royale Development Company, was present and agreed to the conditions; but did speak in opposition to the development of the commercial area being reduced to 1.2 million square feet. Considerable discussion followed during which time clarification was made that the first phase of,_development would be limited to 750,000 square feet. On motion by Vice Mayor Schafer, seconded by Councilman Hall., and carried, the applica- tion was approved. for both the 10 -foot landscape setback and designation of 12 percent of the parking area for compact cars, subject to conditions as recommended in the Staff Report, and amended by staff as discussed earlier; also stipulating a limitation of 750,000 square feet for the first phase,of development. Councilman Hall suggested that -discussion of compact car parking areas and commercial/residential. size be discussed - after the next item. ZE-80-21 The Clerk presented ZoneException ZE-80-21, RNM/Thomas RNM/Benedict/ K. Benedict, 4000 Westerly Place, Suite 200, Newport Sakioka Beach, authorized agent for Roy K. Sakioka, Incorpor- ated, for a Conditional Use ,Permit for Development Plan approval, and a variance from minimum private open space requirements, in conjunction with the proposed development of 596 residential condominiums, located south of Sunflower Avenue, west of Flower Street, and north of Anton Boulevard, in a PDR -HD zone. Environ- mental Determination: Environmental Impact Report for General Plan Amendment GP -78-3A, Revised. The Assistant Planning Director referred to Page 2 of the Staff Report from the Planning Commission meeting of January 28, 1980, which explains the variance requested for decks in the seven -story and three-story structures, and pointed out that when the condominium ordinance was written, muliple-story units were not envisioned; therefore, A' Parking for Compact Cars Referred to Study Session since the proposed structures will have more than 100 square feet of private open'space, the intent of the ordinance appears to have been met. Referring to Page 3 of the Staff Report, the Assistant Planning Director addressed the allowable density range for the PDR -HD zone which is from 15.1 to 30.0 units per acres. The subject project proposes 22 units per net acre exclud- ing 3.1 acres of open space through the middle of the development. Both the parking area and open space proposed are more than is required by the City'.s ordi- nance. Reference was made by the Assistant Planning Director to the conditions contained in the subject Staff Report, drawing attention to Condition No. 2 which stipulates applicant is to submit: Necessary documentation to define "park area", grant public access in perpetuity to same, establish maintenance procedures, and to fully implement the construction and use of said park, prepared under the direction of the City Attorney prior to the issuance of building permits. Also, amendments.to the following conditions were sug- gested to read: Condition No. 33, "Applicant shall participate in the funding of off-site improvemnts as specified in the agreement signed November 9, 1979, by Royale Development Company"; Condition No. 4, "Con- sistent with the ',project phasing'. implementation guideline of General Plan Amendment GP -78-3A, Revised, which requires equal proportions of the commercial/ industrial and residential components to be constructed within the same project phase, applicant shall submit reasonable evidence, acceptable to the Planning Divi- sion, that as equal proportions as practical of the commercial/industrial and residential components of the project will be completed concurrently"; Condition No. 53, "Based on adopted General Plan implementation guide- lines, building permits shall be limited to 475 dwelling units until such time as the reference limitations are increased, the General Plan is amended, or until Phase II improvements have been funded, unless alternative measures are approved by the Planning Commission and City Council"; and Condition No. 7, "All on-site utility services (Edison and -telephone) shall be installed underground, except those lines on Sunflower Avenue". At their meeting of January 28, 1980, the Planning Com- mission added Condition No.- 309 "A substantial portion of the domestic hot water heating for all product types shall be provided by solar panels." Joe Jaconi, speak- ing for the applicants, agreed to all conditions and amendments detailed previously, including the addition of Condition No. 30. After brief discussion, a motion was made by Mayor McFarland, seconded by Vice Mayor` Schafer, and carried, approving the application subject to all conditions as amended, including added. Condition No. 30, finding that the quality and criteria``of the project in relation to the City's condominium'ordinance is sufficient to justify 22 units per acre. On motion by Vice Mayor Schafer,.seconded by Councilman Raciti, staff members from the appropriate City depart- ments were directed to prepare a policy on compact car parking standards, to be presented for Council review at the Study Session of March 10, 1980, and brought forward to the Council meeting of March 17, 1980. Sakioka Project Councilman Hall presented for consideration, the previ- - Scale -of ously discussed Sakioka project as to the amount of Development commercial/industrial development versus residential. By .way of review, the Planning Commission has requested that Council re-establish 1.2 million square feet as the maximum area for commercial/industrial uses; at the time of the public hearing for General Plan Amendment GP -78-3A, Revised, 1.6 million square feet was approved. (am"r r n -r") The difference relates to the northeast portion of the property. Mayor McFarland voiced his opinion; and the Council agreed' that the commercial/industrial develop= ment area should not be reduced. Mr. Jaconi commended the Council.and staff on their efforts, and introduced members of his staff and Thomas Benedict. The Council expressed their appreciation to the developers and to the Sakioka Family. Recess Councilman Hall declared a recess at 8:30 p.m. and the meeting reconvened at 8:45 p.m. Public Hearing The Clerk announced that this was the time and place Harbor Towing set for the public hearing to consider the request for a Certificate of Public Convenience and Necessity from Towing Services Rushco Interprises, Incorporated, doing business as Harbor Towing, 964 West 17th Street, Costa Mesa, to provide towing services in the City. The Affidavit of Publication is on file in the Clerk,',s office, and letters of notification were mailed to all towing companies of record within the City as required by the Municipal Code. No communications have been received. In response to Councilman Hall,'s inquiry, the Director of Finance reported that the financial statement received from the applicant was not sufficient to meet the requirements of the towing ordinance which calls for a certified audit. Bill Rush of Harbor Towing was present to answer questions from the Council, and advised that his accountant estimated that it would be approximately 30 days before the requested audit is completed. Considerable discussion followed concerning the financial information required and the expense incurred by applicants in providing the City with an audit. Donald Smallwood, 4631 Teller Avenue, Newport Beach, spoke in opposition to the required financial statement. Mr. Rush also discussed the insurance requirements of the City, stating that he believed the amount was higher than in other cities. The City Mana- ger reported that it was on the advice of the City's broker that insurance requirements were increased. In response to Mayor -McFarland, the Assistant City Manager confirmed that during a meeting concerning police tow- ing, the City',s insurance carriers recommended the $1,000,000.00 insurance requirement be incorporated' into the towing ordinance. There being no other speakers,.Councilman Hall closed the public hearing. Councilman Hall suggested a conditional approval of the request until-the.required audit is received, since Internal Revenue reports have been submitted and all other conditions of the ordinance have been met. Mayor McFarland made a motion to approve the application but the motion died for lack of a second. Brief -discussion followed', and thereafter a motion was made by'Councilman Hall, seconded by -Vice Mayor Schafer, to conditionally approve the request based on the finding that Internal Revenue reports for the past two years have been , received,, that the required certified audit is being prepared and will be submitted within 60 days; and based on an additional finding that the applicant has met all the other requirements of the Municipal Code. - The motion carried, Mayor McFarland voting no. The., City Manager asked if the required insurance had been received, and Tom Gall, Manager at Harbor Towing, and Mr. Rush confirmed that it had been submitted to William Quinn., Revenue Supervisor, and that they had received a receipt signed by Mr. Quinn. The Director of Finance confirmed that the proper insurance had been received. Public Hearing The Clerk announced .that this was the time and place Vista Towing set for the -public hearing to consider the request for 1 i 1 a Certificate of Public Convenience and Necessity from Towing Services Vista Center Automotive, Incorporated, doing business as Vista Towing 801 West 19th Street; Costa Mesa; to pro= Held Over vide towing services -within the City. The Affidavit of Publication is on file in the Clerk;'s office, and letters of notification were mailed to all towing com- panies of record within the City, as required by the Municipal Code. No communications have been received. Joe Caouette, Vista Towing, was present to answer ques- tions from the Council. Councilman Hall advised Mr. Caouette that the information given to Council indicates that his financial statement is insufficient.' The City Manager also informed the Council that Vista Towing'must get approval of a Conditional Use Permit for their 17th Street property. The applicant responded that he is in the process of obtaining the permit for both the 17th Street and 18th Street properties, but that he has sub- mitted the required insurance. Because the financial statement was not sufficient, and Conditional Use Per- mits are needed, a motion was made by Vice Mayor Schafer, seconded by Councilman Raciti, and carried, continuing this item to the meeting of April 7, 1980. Public Hearing The Clerk announced that this was the time and, place G and W,Towing set for the public hearing to consider the request for a Certificate of Public Convenience and Necessity from Towing Services G and W Towing, Incorporated, 740 Ohms Way, No. B, Costa Mesa, to provide towing services within.'the_City. Held Over The Affidavit of Publication is on file in the.Clerk'.s office, and letters of not were mailed to all towing companies of record within the City, as required by law. No communications have been received. The City Manager advised that both the applicant.'.s financial' statement and insurance was insufficient. Donald Small- wood, attorney for G and W Towing, reported that he.was in the process of obtaining the required audit and that the insurance would be submitted in a short time. Mr. Smallwood also requested that he be allowed to submit tax returns as an interim financial statement'so that his client could obtain conditional approval from the Council until the audit is complete. On motion by Mayor McFarland, seconded by Vice Mayor Schafer, and carried, this.item was continued to the meeting of February 19, 1980. Public Hearing The Clerk announced that this was the time and place Amendment to set for the public hearing, continued from the meeting SP -78-02 of January 7, 1980, to consider an amendment to Specific Plan SP -78-02 concerning setback requirements. Council - Withdrawn man Hall stated.that Council has received a request'to withdraw the request for the amendment. The Development .Services Director advised that Richard Sewell, developer, 136 Rochester Street, Costa Mesa, had requested a con- tinuance so that he.could complete negotiations with the property owner and that these negotiations have stale- mated. There being no speakers, Councilman Hall closed the public hearing. On motion -by Vice Mayor Schafer, seconded by Mayor McFarland, and carried, the request was withdrawn. ZE-79=65A The Clerk presented Zone Exception ZE-79-65A.'Jot Ll,oyd, Lloyd/Martin Albert C. Martin and Associates, 445 South Figueroa' Street, Los Angeles, authorized agent for Two`Town Cen- Referred Back ter., 3315 Fairview Road, Costa Mesa, for an amendment to to Planning a development plan to increase building height of one Commission structure"from two to five stories, and approval of building elevations for said structures, located at 651 Anton Boulevard; in a TC zone. Environmental Determina- tion: Environmental Impact Report approved by Council on February 6, 1978. The Planning Commission recom- mended denial. The Development Services Director reported that the applicant has requested a rehearing before the'Planning Commission. On motion by Vice Mayor Schafer; seconded by Councilman Raciti; and carried; the application was referred back to the Planning Com-' mission. Request to The Clerk presented'a request from Larry Stewart, Appeal - authorized agent for Kenneth Hartman, 230 East 17th ZE-79-186A Street, Room 210, Costa Mesa, to appeal the Planning Stewart/Hartman Commission's denial fora sign on Orange Avenue, in connection with Zone Exception•ZE-79-186A, for an Hearing Set amendment to the Planned Signing Program for property - located at 211 East 17th Street at the intersection of Orange Avenue, in a CI -S zone. Environmental Deter- mination: Exempt. Mr. Stewart was present to answer questions'from•the Council. After brief discussion, a motion was made by Mayor McFarland, seconded by Council- man Raciti, to grant the request and set a.public hearing for February 19, 1980`, at 6:30 p.m. The moti.on carried, Vice Mayor Schafer voting no. Request to The Clerk presented a'request from Joseph R. Krenek, Appeal - ZE-80-12 President of University Stereo,.Incorporated, 9469 West Krenek/St. Pierre Jefferson Boulevard',, Culver City, authorized agent for Louis St: Pierre, 441 Isabell.Terrace, Corona del Mar, Hearing Set to appeal the Planning Commission,',s denial of Zone Exception ZE-80=12, for a variance from provisions of the Sign Ordinance, for property. located at 1829 Newport Boulevard, in a C2 zone. Environmental Determination: Exempt. The applicant was not present. On motion by Mayor.McFarland, seconded by Councilman Hall, and car- ried, Vice Mayor Schafer voting'no, the request was granted and a public hearing set for February 19, 1980, at 6:30 p.m. Oral Wayne Hughes, 423 Poppy Avenue, Corona del Mar, repre- Communications senting the Estancia High School volleyball team, informed the Council that their team had been selected Estancia High to represent the United States at an international School Request tournament, comprising 16 nations, to be held in for Funds Bristol•, England. He further -advised that of the $17,000.00 needed to participate in this function, they were'in need of $6,000.00 and requested that the City donate this amount to the team. After discussion, Council agreed that this matter should be continued to the meeting of February 19, 1980. Adjournment to On motion by Vice Mayor Schafer, seconded by Councilman Executive Session Raciti, and carried, Councilman Hall adjourned the meet- ing at 10:35 p.m. to an Executive Session in.the first floor Conference Room of City Hall, to discuss pending litigation. No action was taken. Adjournment At 11:55 p.m., Councilman -Hall adjourned the meeting to an Executive Session on February 19, 1980, at 4:00 p.m., in the fifth floor Conference Room, for the purpose of discussing pending litigation. n 'Mayor of theCity' of Mosea Mesa ATTEST: (71 City Clerk of the City of Costa sa