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HomeMy WebLinkAbout12/06/1982 - City CouncilA. cr1w KtUULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 6, 1982 The City Council of the City of Costa Mesa, met in regular session on December 6, 1982, 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 the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Charles D. Clark, First United Methodist Church. ROLL CALL Council Members Present: Hall, Johnson, Hertzog, McFarland Council Members Absent: Schafer Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Councilman McFarland, seconded by Vice November 15, 1982 Mayor Johnson, and carried 4-0, the minutes of the regular meeting of November 15, 1982, were approved as distributed and posted. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Johnson, and carried 4-0, to read all ordi- nances by title only. CONSENT CALENDAR The following items were removed from the Consent Calendar: Items 3 a, b, c, d, and e, rejected claims and denial of requests to present late claims; Item 7, request to County of Orange to include 19th Street in Arterial Highway Financing Program; and Item 10, Budget Adjustment No. 83-34, for Fair Drive parkway project. On motion by Councilman McFarland, seconded by Vice Mayor Johnson, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer READING FOLDER On motion by Councilman McFarland, seconded by Vice Mayor Johnson, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims were received by the City Clerk from the following claimants: Attorney James W. Brott on behalf of Donald Gambill; Attorney Joseph Carpello on behalf of Laurie Lynn Turner; Attorney Richard E. Ramos on behalf of Victor Alvarado; Attorney Julius Aarons on behalf of Marla Craig and Shirley Hoff; Attorney David N. Kauth on behalf of Robert Michael Trotter; and Attorney Steven H. Spindel on -behalf of Gerald Ernest McGuire. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi - Licenses sion from: Toshinori Suzuki and Katsuyuki Takaki, doing business as Sushi'l7th, 369 East 17th Street, Suite 17; and The Southland Corpor- ation, doing business as 7 -Eleven Food Store No. 2113-13822, 1515 Gisler Avenue. Vector Control Letter from Orange County Vector Control District District advising that the two-year term of the City's representative, William Bandaruk, will expire at the end of the year, and requesting reappointment of Mr. Bandaruk, or a successor, for a term to expire December 31, 1984. Objection to Resolution from the City of Garden Grove object - Landfill Gate ing to the imposition of gate fees for landfill Fees sites by the Orange County Board of Supervisors and requesting that the fees be rescinded. Opposition to Resolution from the City of Garden Grove stating Airport in its opposition to the Orange County Blue Ribbon Santiago Canyon Committee's recommendation to the Board of Supervisors to establish a regional airport in Santiago Canyon on the basis that it would jeop- ardize public safety due to conflicts with exist- ing and continuing flight patterns emanating from and to'John.Wayne Airport and the National Defense bases at E1 Toro and Tustin. Laguna Niguel Notice of Public Hearing from the Orange County Regional Park Board of Supervisors concerning authorization of the Kite Hill addition to Laguna Niguel Regional Park for acquisition, development, maintenance, and operation. Public Utilities Notice from the Public Utilities Commission that Commission Application No. 82-11-04 has been filed by South- ern California Edison Company for authority to decrease its energy cost adjustment billing factors calculated in accordance with the rate design parameters proposed in Application No. 61138, to increase its annual energy rate to reflect certain changes proposed to be made in Application No. 61138, and to maintain its pres- ently effective Catalina energy cost balance adjustment billing factor. Notice from Pacific Telephone Company of its application to the Public Utilities Commission for authority to restructure and increase certain rates associated with. its Intrastate TELPAK services. Notification from the Public Utilities Commission of Second Supplement to Application No. 82-07-013 in the matter of 24 -Hour Airport Express, Incor- porated, for authority to operate as a passenger stage corporation between Los Angeles Interna- tional Airport and various locations. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Children's Purpose has been received from Children's Hospital Hospital Foundation of Orange County, doing business as CHOC Thrift Stores, 2025 West First Street, Santa Ana, by MOTION collection of reuseable household items and clothing. Permit Approved On motion by.Councilman McFarland, seconded by Vice Mayor Johnson, and carried 4-0, the permit was approved for calendar year 1983 as recommended by staff. ADMINISTRATIVE ACTIONS Installation of a fountain at the Neighborhood Community Center has been completed to the satisfaction of the Notice of Director of Leisure Services by Rock and Waterscape Completion- Systems,.2021 Business Center Drive, Irvine. On motion Fountain at NCC by Councilman McFarland, seconded by Vice Mayor Johnson, the work was accepted; the Clerk was authorized to file MOTION a Notice of Completion; the bonds were ordered exoner- Work Accepted ated 35 days after the Notice of Completion has been filed;:and authorization was given to make the final W payment of retention funds 35 days after Council acceptance of the improvements. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Notice of The landscaped median on Newport Boulevard at 19th Completion - Street has been completed to the satisfaction of the Median on Newport Director of Leisure Services by Artistic Landscape, Boulevard 9223 Cedar Tree Road, Downey. On motion by Councilman McFarland, seconded by Vice Mayor Johnson, the work was MOTION accepted; the Clerk was authorized to file a Notice of Work Accepted Completion; the bonds were ordered exonerated 35 days after the Notice of Completion has been filed; and authorization was given to make the final payment of retention funds immediately. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Notice of Improvements in Canyon Park, Phase I, have been com- Completion - pleted to the satisfaction of the Director of Leisure Canyon Park, Services by Thomsen Landscape, Post Office Box 805, Phase I Whittier. On motion by Councilman McFarland, seconded by Vice Mayor Johnson, the work was accepted; the Clerk MOTION was authorized to file a Notice of Completion; the Work Accepted Performance Bond was ordered exonerated 35 days after the Notice of Completion has been filed; the Labor and Material Bond was ordered exonerated 7 months after the Notice of Completion has been filed; and authorization was given to make the Final payment of retention funds immediately. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Notice of Installation of concrete boxes at Baker Street and Completion - Paularino Avenue at the Santa Ana -Delhi Channel, widen - Concrete Boxes at ing of Baker Street and Paularino Avenue from the Santa Baker Street and Ana -Delhi Channel to 250 feet east of Enterprise Avenue, Paularino Avenue and construction of a right turn pocket on Baker Street at Bristol Street have been completed to the satisfac- tion of the Director of Public Services by A.F.R. Construction Company, 11 North Fifth Avenue, Arcadia. MOTION On motion by Councilman McFarland, seconded by Vice Work Accepted Mayor Johnson, the work was accepted; the Clerk was authorized to file a Notice of Completion; the Per- formance Bond was ordered exonerated 35 days after the Notice of Completion has been filed; the Labor and Material Bond was ordered exonerated 7 months after the Notice of Completion has been filed; and authorization was given to immediately release $48,671.92 of retention funds. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Water Facilities A motion was made by Councilman McFarland, seconded by Dedication Vice Mayor Johnson, approving a dedication to Mesa Con- solidated Water District of water facilities located in MOTION Assessment District No. 80-1, Sunflower/MacArthur Indus - Dedication Approved trial Area, and the Mayor and Clerk were authorized to execute the dedication document. The motion carried by the following roll call vote: 255 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland None Schafer Final Map for The Final Map was presented for Tract 11601, Arthofer Tract 11601 - Enterprises, Incorporated, Post Office Box 2702, Newport Arthofer Beach; one lot, 0.32 -acre, located at 170 Rochester Street, for condominium purposes. On motion by Council - MOTION man McFarland, seconded by Vice Mayor Johnson, the map Map Approved was approved; the Council did accept on behalf of the City: (1) an ingress/egress easement over Lot One for emergency vehicle purposes as dedicated; and (2) a three-foot utility easement as dedicated; and the Clerk was authorized to sign subject map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Conference Advance On motion by Councilman McFarland, seconded by Vice Staff recommended that the first three items be rejected and the last two items be denied. Mr. Soffer asked why the City rejected all claims, and requested a summary of the above applications. The City Attorney briefly reported on the subject applica- tions. He also commented that claims that are settled are not presented to the Council in amounts under $1,000.00 because Council has authorized payment of such claims by the City's claims administrator. The City Attorney also explained that a claimant has six months after Council rejection to file a lawsuit. If no action is taken by Council, the claimant has two years to file a court action. Mayor Johnson, a Conference Advance in the amount of MOTION $390.00, for a police officer to attend Terrorism Con - Advance Approved ference in San Luis Obispo, December 13-17, 1982, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Bid Item 567 The Purchasing Agent has requested that Council re - Asphalt Patch award Bid Item 567, One Asphalt Patch Truck, because Truck the original award to Carmenita Ford Truck Sales, Incorporated, was withdrawn by the vendor since the specifications for air brake requirements could not be MOTION met. On motion by Councilman McFarland, seconded by Re -awarded to Vice Mayor Johnson, the contract was re -awarded to Don Don Kott Ford Kott Ford, 21212 Avalon Boulevard, Carson, in the amount of $52,289.47 plus six percent tax. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer REJECTED CLAIMS At the request of Sid Soffer, 900 Arbor Street, Costa Mesa, the following items were removed from the Consent Calendar and presented for discussion: 3(a) Claim of Ryder Truck Rental, Incorporated; 3(b) Claim of Sail Chevrolet and Stephen Renaldo Costantino; 3(c) Claim of Eric Racoosin; 3(d) Application for Leave to Present a Late Claim from Michael Hanson; and 3(e) Application for Leave to Present a Late Claim from Therese Hanson. Staff recommended that the first three items be rejected and the last two items be denied. Mr. Soffer asked why the City rejected all claims, and requested a summary of the above applications. The City Attorney briefly reported on the subject applica- tions. He also commented that claims that are settled are not presented to the Council in amounts under $1,000.00 because Council has authorized payment of such claims by the City's claims administrator. The City Attorney also explained that a claimant has six months after Council rejection to file a lawsuit. If no action is taken by Council, the claimant has two years to file a court action. 256 MOTION On motion by Councilman McFarland, seconded by Council - Claims Rejected woman Hertzog, and carried 4-0, the following action was and Applications taken: the claims of Ryder Truck Rental, Incorporated, Denied Sail Chevrolet and Stephen Renaldo Costantino, and Eric AYES: Racoosin were rejected; and Applications for Leave to Present Late Claims from Michael Hanson and Therese McFarland Hanson were denied. ADMINISTRATIVE COUNCIL MEMBERS: None ACTIONS Item 7 on the Consent Calendar was presented, a request COUNCIL MEMBERS: Schafer to the County of Orange to include within the 1983-84 Request to Include Fiscal Year Arterial Highway Program, the improvement of 19th Street in 19th Street from Park Avenue to Fullerton Avenue. AHFP 140TION man McFarland, Attorney Bradley Schwarz, 1786 Newport Boulevard, Costa Warrant 1197 Mesa, introduced the daughter of his client, Claudia roll call vote: Peterman, 132 East 19th Street, Costa Mesa. She asked AYES: for modification of the wording contained in the pro- posed resolution for improvement of 19th Street. The Director of Public Services suggested that Ms. Peterman's comments would be more appropriate during the public hearing concerning acquisition of a portion of the property at 132 East 19th Street in connection with the 19th Street widening project. He also stated that the resolution does not apply to alignment of 19th Street, and is only a request for County funds. MOTION On motion by Councilman McFarland, seconded by Mayor Resolution 82-91 Hall, Resolution 82-91, being A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUEST- ING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF 19TH STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Budget Adjustment Item 10 on the Consent Calendar was presented, Budget 83-34 - Fair Drive Adjustment 83-34, in the amount of $53,000.00, to Parkway Project include sidewalk reconstruction in the Fair Drive Park- way Project. Richard Granger, 2437 Bowdoin Place, Costa Mesa, asked how the additional money was being spent and the City Manager responded that it was necessary for sidewalk reconstruction not anticipated at the time of the original bid. MOTION A motion was made by Councilman McFarland, seconded by Budget Adjustment Vice Mayor Johnson, approving Budget Adjustment 83-34. Approved The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer 14ARRANTS On motion by Councilwoman Hertzog, seconded by Council- 140TION man McFarland, Warrant Resolution 1197 was approved by Warrant 1197 the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer On motion by Councilwoman Hertzog, seconded by Council - MOTION man McFarland, Warrant Resolution 1197, including Pay - Warrant 1198 roll 8224, was approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer CITY ATTORNEY The City Attorney requested authorization to settle the REPORT condemnation lawsuit for property located at 153 East Request to Settle 17th Street (Bamboo Terrace Restaurant) in connection Lawsuit for with the realignment of 17th Street. Property on 17th Street A motion was made by Councilman McFarland, seconded by Vice Mayor Johnson, approving the terms of settlement MOTION outlined in the City Attorney's memorandum dated Decem- Settlement ber 1, 1982, for the purchase of all property rights at Approved 153 East 17th Street. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer PUBLIC HEARING The Clerk announced the public hearing, continued from Condemnation of the meeting of November 1, 1982, to consider a Resolu- Peterman Property tion of Necessity to condemn a portion of the Peterman for 19th Street property measuring -approximately six feet by 50 feet, Widening located at 132 East 19th Street, in connection with widening- of 19th Street. The Director of Public Services reported that subject property is the last remaining parcel on the north side of 19th Street needed for the widening project. He also advised Council that acquisition of a portion of the Peterman property through eminent domain is based on the following findings: (1) Public interest and necessity require the project in that the project is in accordance with the Master Plan of Streets and Highways as adopted by the City of Costa Mesa City Council and most recently revised November, 1979, and that the City has implemented the project in order to create an uncongested and fluid flow of traffic throughout the area. (2) The City staff has reviewed several alternate plans for the widening of 19th Street and by virtue of adopting the subject alignment, the project is designed in a manner that requires the least amount of property taken and at the same time effects the least amount of property owners, thereby making this alignment the alter- native that will be most compatible with the greatest good and the least private injury. (3) As a consequence to, and in conjunction with the aforementioned facts, the property is necessary for the proposed project and the acquisition is only for that portion of the Peterman property actually required for the fabrication of the 19th Street project. Bradley Schwarz, 1786 Newport Boulevard, Costa Mesa, attorney for subject property owner, Margaret Peterman, expressed his opinion that widening of 19th Street east of Newport Boulevard was not necessary and a waste of taxpayers' money. Mr. Schwarz also contended that the taking would result in an illegal lot and would compel the owner to violate the law. Responding to questions from the Council, the Director of Public Services stated that the size of the lot after the taking would be approximately 5,700 square feet and that it was zoned for commercial use. The Development Services Director reported that the lot was of substand- ard size for both residential and commercial zones, and that the present residential use was nonconforming. He further.stated that once the property is converted to 258 commercial use, it cannot be returned to residential use. Claudia Peterman, resident of 132 East 19th Street, expressed her opinion that widening of the Street in her neighborhood was not necessary because the amount of traffic in that area has decreased in the past 30 years. She also stated that the taking of subject property would be detrimental to the safety of the many pedestrians who utilize the street, pointing out that there are no sidewalks. Ms. Peterman also expressed her concern that noise levels would increase in the house because buses using that street would be travel- ing closer to the building. Ms. Peterman stated that the house has historical value and that she was pre- pared to ask for damages. Mayor Hall asked if the realignment included construc- tion of sidewalks, and the Director of Public Services responded affirmatively and further reported that the design of the street would put the curb line two to three feet further from Ms. Peterman's home. There being no other speakers, the Mayor closed the public hearing. MOTION Based on the three findings stated earlier by the Resolution 82-92 Director of Public Services, a motion was made by Adopted Councilman McFarland, seconded by Vice Mayor Johnson, adopting Resolution 82-92, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY CONDEMNATION OF CERTAIN REAL PROPERTY DESIGNATED AS AN APPROXIMATELY 6 X 50 -FOOT PORTION OF THE PROPERTY LOCATED AT 132 EAST 19TH STREET AND KNOWN AS THE PETERMAN PROPERTY FOR THE WIDENING OF 19TH STREET BETWEEN PARK AND FULLERTON AVENUES, AUTHORIZING SAID CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION. The motion carried by the following roll call vote: AYES:, COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of ZE-82-139 the meeting of November 1, 1982, to consider an appeal American Principals of the Planning Commission denial of Zone Exception ZE-82-139, from American Principals Corporation, 2486 Hotel Circle Place, San Diego, for a Conditional Use Permit to construct a 133 -unit motel, including a manager's unit, located at 2751-2755 Bristol Street in a CL zone. Environmental Determination: Negative Declaration. The Development Services Director summarized the staff's memorandum dated December 2, 1982, which contains the history of the project. Leslie M. Crouch, representing the appellant, spoke in support of the request and stated that the concerns of the residents in the area seemed to be line -of -sight and noise. He reported that proposed construction of an eight -foot acoustical fence along the property line would protect the adjacent properties from being seen from the motel area. Mr. Crouch also offered to install landscaping on both sides of the fence, to construct speed bumps, rent the rear rooms first, and plant trees in the center of access routes, all in an an effort to reduce noise. Mr. Crouch contended that the proposed motel would not present a problem to the neighborhood. 1 Betty Vrebalovich, 2737 San Lucas Lane, informed the Council that the subject property borders at the rear of her lot, and asserted that the proposed use is not compatible with the neighborhood. Mrs. Vrebalovich commented that the residents are very happy with the CL, Limited Commercial, zoning. (CL zoning requires that special precautions be taken to assure appropriate development.) She concluded by stating that the project was'a good development but not in a compatible location, and urged Council to deny the request., - Joe Balough, 2734 San Lucas Lane; stated that he is anxious to have the subject property developed because at this time it is being used as a dump site and is overgrown with weeds, however, the CL zoning is intended to limit development to projects compatible with the area, such as office or light commercial use. He did not consider the proposed motel to be a compatible use for the neighborhood. Roy Andreen, President of the Mesa del Mar Homeowners Association, 2769 Cibola Avenue, urged Council to deny the application. He further commented that there are other properties in the area which are more suitable for subject project. Richard McMillan, 2742 Drake.Avenue, spoke in opposi- tion to the project, stating there would only be a one -foot buffer zone between motel parking and his property. He also commented that the proposed land- scaped area would be substandard. Leslie Crouch, representing the applicant, responded that he would modify plans by eliminating six units in order to create a 12 -foot buffer zone between the motel and Mr. McMillan's property; and increase the height of the proposed eight -foot acoustical fence to better protect the surrounding residences. Mr. Crouch expressed his opinion that a motel is not a 24-hour operation. Mayor Hall asked Mr. Crouch if he agreed to all condi- tions if his request was approved, and he responded affirmatively. Betty Vrebalovich disagreed with Mr. Crouch's last statement, stating her opinion that a motel is a 24- hour operation. There being no other speakers, Mayor Hall closed the public hearing. MOTION A motion was made by Councilwoman Hertzog, seconded by Project Denied Vice Mayor Johnson, to deny the Zone Exception based on the findings and analysis contained in the Staff Report. Councilman McFarland commented that he felt a motel was not compatible for the area and expressed agreement with the motion. Mayor Hall called for a vote, and the motion to deny carried 4-0. PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of ZE-82-142 the meeting of November 1, 1982, to consider an appeal Navai/Frey of the Planning Commission decision for Zone Exception ZE-82-142, Mike Navai, authorized agent for Flora M. Frey, 129 Capital Hill Drive, Paso Robles, for a Condi- tional Use Permit for an auto rental business including outdoor storage of vehicles and a variance from parking requirements, located at 400 East 17th Street in a C2 zone.. Environmental Determination: Exempt. A communication has been received from Mr. Navai asking that the appeal be withdrawn. Ism MOTION On motion by Councilman McFarland, seconded by Vice Withdrawn Mayor Johnson, and carried 4-0, the appeal was withdrawn as requested by the applicant. RECESS The Mayor declared a recess at 8:20 p.m., and the meet- ing reconvened at 8:30 p.m. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-82-68 set for the public hearing to consider an appeal of the Thorp Planning Commission denial of Zone Exception ZE-82-68 from Henry Thorp, 2134 Orange Avenue, Costa Mesa, for approval of security gates at 2132-2140 Orange Avenue in an R2 zone. Environmental Determination: Exempt. No communications have been received. The Development Services Director reported that the proposed gates would be located 24 feet behind the property line. The Transportation Services Division recommends a minimum stacking distance of 50 feet from the sidewalk to the gates and that a turnaround area be provided in front of the gates. The Planning Commission expressed concern about the lack of a turn- around area in conjunction with the proposed gates and the need for vehicles which are unable to enter the property and would be required to back out onto Orange Avenue. The Development Services Director further advised that the Transportation Division also recommended that if security gates are allowed that there be a minimum stacking distance of 50 feet from the sidewalk to the gates and that a turnaround area be provided in front of the gates. The Director mentioned that the appellant submitted a photograph depicting a condominium with a security gate at 2473 Orange Avenue which does not meet the above criteria, however, it has become apparent that requirements such as stacking and turning are necessary. The appellant, Henry Thorp, was present to speak in support of his request and to answer questions from the Council. Mr. Thorp stated that recently there have been many burglaries in the area and dogs running loose. He reported that one of his tenants was bitten by a stray dog. Bob Yoder, 155 Buoy Street, Costa Mesa, stated that security gates are probably not the answer if this kind of element exists in the neighborhood. Sid Soffer, 900 Arbor Street, Costa Mesa, voiced his agreement with Mr. Yoder's statement and commented that a cure must be found for the area. There being no other speakers, the Mayor closed the public hearing. During discussion, the Director of Public Services suggested that if the gates are approved and a major accident problem occurs, then applicant shall remove or modify gates. Councilwoman Hertzog suggested a conforming sign fore- warning visitors that they are approaching locked gates. MOTION A motion was made by Councilwoman Hertzog, seconded by Security Gates Vice Mayor Johnson, to approve installation of the Approved with security gates with a 24 -foot setback as requested by 24 -foot Setback appellant. Councilman McFarland expressed sympathy for Mr. Thorp's A-6. request and went on to state that after viewing the other security gates on Orange Avenue, he could not support the motion. Vice Mayor Johnson mentioned that it had been implied that if dangerous conditions result, Council would review this matter again. He asked that the motion be more specific. AMENDED MOTION Mayor Hall suggested the motion be amended to add that Added Possible if within a two-year period, any accidents occur at Future Evaluation this location which can be determined were caused by the security gates, that this item be brought back to Council for further evaluation. Councilwoman Hertzog amended her motion as stated above and it was seconded by Vice Mayor Johnson. The amended motion carried 3-15 Councilman McFarland voting no. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of set for the public hearing to consider an appeal of ZE-81-120A the Planning Commission decision for Zone Exception Knudsen/Segerstrom ZE-81-120A from Denny Knudsen, authorized agent for C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, for an amendment to the Planned Signing Program for the Harbor Gateway Business Center, located at 3545 Harbor Boulevard in a PDI zone. Environmental Deter- mination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director gave a brief report concerning the application which is detailed in a staff memorandum dated December 1, 1982, and the Staff Report. The Planning Commission approved one six-foot square convenience ground sign on Harbor Boulevard containing only the address, and one 16.5 square -foot wall sign. The Planning Commission also gave approval for other major building to have one monument style ground sign with the exception that major buildings located at the intersection of two public streets may have a total of two monument style ground signs adjacent to the build- ings. The appellant has requested one 18 square -foot ground sign on Harbor Boulevard and one 16.5 square -foot wall sign for Building B (Emulex). Denny Knudsen was present and answered numerous ques- tions from the Council and spoke in support of his request. Mr. Knudsen pointed out that he is asking for less total signage than originally approved and that he is only asking for variance on location. Sid Soffer, 900 Arbor Street, Costa Mesa, asked several questions regarding the Sign Ordinance. There being no other speakers, the Mayor closed the public hearing. Vice Mayor Johnson made a motion to uphold the Planning Commission approval of the modified Planned Signing Program, however, the motion died for lack of a second. MOTION A motion was made by Councilman McFarland, seconded by ZE-81-120A Councilwoman Hertzog, approving Zone Exception ZE-81- Approved 120A as requested by the appellant, including reduction of size of signs for 3501, 3525, 3555, and 3565 Harbor Boulevard, based on the finding that the request is a .reduction in the signage allowed by the Signing Program which would be less visual pollution. In response to Councilman McFarland's question, the appellant indicated his agreement with the motion. The motion carried 4-0. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-82-145 set for the public hearing to consider an appeal of the McComb/Community Planning Commission denial of Zone Exception ZE-82-145 Church by the Bay from John C. McComb, Parker Holistic Center, authorized agent for The Community Church by the Bay, 148 East 22nd Street, Costa Mesa, for a Conditional Use Permit to allow medical facilities in conjunction with an existing holistic health center in an existing church, located at the above address in an R2 zone. Environ- mental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director summarized staff's memorandum dated December 2, 1982, pointing out some of the concerns of staff: Advertising has been done in the newspaper and telephone yellow pages for day care, a book store, and health center. He also reported that classes are being held by Coastline Community College for which no Conditional Use Permit has been obtained. In addition, Conditional Use Permits have not been obtained for neither the nursery school nor the book store. The appellant, John McComb, explained that the book store is only open on Sunday mornings and the nursery school is actually a Sunday school. Mr. McComb spoke in support of the medical facilities and answered numerous questions from the Council regarding subject holistic health center. Mayor Hall asked Mr. McComb if he would stop treatments at the church location if the City received complaints, and Mr. McComb responded that he would. In response to Councilwoman Hertzog's inquiry regarding the hours of operation, Mr. McComb stated that the center would be open from 9:00 a.m. to 5:00 p.m., Mondays through Fridays, with occasional seminars on weekends. Councilman McFarland stated that it appears there is more medical involvement than normally would be asso- ciated with a church and asked Mr. McComb if he has considered other locations, such as clincs. Mr. McComb responded that he has had some conversation with hospitals for medical treatment. Robert Gardner, 823 West Balboa Boulevard, Newport Beach, expressed strong opposition to this type of therapy being done at a church. There being no other speakers, the Mayor closed the public hearing. Mayor Hall asked the appellant if he agreed to all conditions if the request was approved, and Mr. McComb stated that he did agree. Council Members Hertzog and McFarland indicated their objections to this type of use at the church. Councilman McFarland made a motion, seconded by Council- woman Hertzog, to deny Zone Exception ZE-82-146 based on the information contained in the Staff Report and the Planning Commission recommendation. The motion failed to carry because of a tie vote, Council Members Hall and Johnson voting no. • X63 MOTION A motion was made by Councilman McFarland, seconded by Held Over Mayor Hall, and carried 4-0, this item was continued to the meeting of December 20, 1982. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-82-148 set for the public hearing to consider an appeal of Wegener the Planning Commission decision for Zone Exception ZE-82-148 from David Wegener, authorized agent for Marianne L. Wegener, 251 East 19th Street, Costa Mesa, for a Conditional Use Permit to allow an existing non- conforming residential structure with variances from side setback and driveway length requirements for property located at the above address in an R1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director summarized a staff memorandum dated December 2, 1982, which states that the project is for construction of a 1,680 square -foot addition to an existing dwelling. Planning Commission approval was required because the existing residence has a nonconforming left side setback of one foot, six inches; five feet is required. The Planning Commission approved the Conditional Use Permit subject to 12 con- ditions. The appellant is appealing Conditions No. 2, No. 9, and No. 12. The Development Services Director further reported that after meeting with the City Attorney and Director of Public Services, it is their recommendation that Condi- tion No. 12, "Dedicate all land 53 feet from the centerline of East 19th Street", be deleted since, in this instance, the amount of dedication is excessive. They also recommended that Condition No. 11, "Dedicate a 15 -foot diagonal corner cut-off at the corner of East 19th Street and Westminster Avenue", be deleted. In view of the above, only Condition No. 2 and No. 9 are an issue. Condition No. 2 states, "A revised site plan showing the modification of the garage/apartment structure and relocation of the balcony shall be approved by staff prior to the issuance of building permits"; and Condition No. 9 reads, "Construct P.C.C. residential sidewalk per City of Costa Mesa Standard Drawings at applicant's expense". The Development Services Director reported that the Planning Commission deleted Conditions No. 3 and No. 4 based on revised plans, however, the appellant now wants to build the addition as originally proposed. He recom- mended that if the original proposal is approved that Conditions No. 3 and No. 4 be reinstated. These Condi- tions read as follows: No. 3, "Applicant shall provide the City with proof of general liability insurance including endorsements concerning 'additional named insurance', 'advance notice', and 'primary coverage',as approved by the City Attorney; No. 4, "Applicant shall sign and record a 'Hold Harmless Agreement' relieving the City of all liability which might result from encroachment of vehicles parked in the substandard driveway into the public right-of-way, and this agree- ment shall be approved by the City Attorney's office prior to recordation". The appellant, David Wegener, expressed his opposition to the requirement for construction of a sidewalk stat- ing that others in the neighborhood were not required to do so. The Development Services Director explained that sidewalks are required for zone exception permits. the Director of Public Services reported that he would prefer that a cash deposit be made by Mr. Wegener in lieu of construction of a sidewalk at this time. There being no other speakers, the Mayor closed the public hearing. A motion was made by Councilman McFarland to approve Zone Exception ZE-82-148 subject to conditions, except for Conditions No. 11 and No. 12 which are to be deleted; modify Condition No. 9 requiring a cash deposit in lieu of construction of sidewalks; include Condition No. 2, calling for a revised site plan showing the modifification of the garage/apartment structure and relocation of the balcony which shall be approved by staff prior to the issuance of building permits, and requiring a 19 -foot driveway as stated in the Code. The motion died for lack of a second. After further discussion, Mayor Hall suggested the fol- lowing motion: Approve Zone Exception ZE-82-148 subject to conditions, except that Conditions No. 11 and No. 12 are to be deleted; modify Condition No. 9 requiring a cash deposit in lieu of construction of sidewalks; modify Condition No. 2 to accept plans as submitted and re -instate Conditions No. 3 and No. 4, and allowing a 12 -foot driveway. MOTION Vice Mayor Johnson so moved as stated by Mayor Hall, Permit Approved however, he also added that a "swing out" door is prohibited for the garage. The motion was seconded by Councilwoman Hertzog, and carried 3-1, Councilman McFarland voting no. RECESS The Mayor declared a recess at 10:45 p.m., and the meeting reconvened at 10:50 p.m. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-82-155 set for the public hearing to consider an appeal of Wilson the Planning Commission denial of Zone Exception ZE-82-155 from Gary E. and Charlene Wilson, 3103 Warren Lane, Costa Mesa, for a variance from maximum fence height for an existing fiberglass extension, located adjacent to a block wall fence at the above address in an R1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director summarized the appli- cation as detailed in a staff memorandum dated December 1, 1982. The memorandum states that the permit was denied based on the findings that there is no physical site hardship which would justify a variance to exceed the six-foot fence height; also, that although a similar application was approved at 1111 Valley Circle, this approval was based on the fact that there is a two -foot grade difference between the two affected parties. The Director reported that if such variances from fence height are to be routinely approved, staff suggests that it may be more appropriate to amend the ordinance to permit fences in excess of six feet in height. The appellant, Gary Wilson, stated that he was not aware a permit was needed when he constructed the addition to the fence. He reported that his family had suffered continuous harassment from one neighbor, however, since he has increased the height of the fence, the harrass- ment has stopped. Mr. Wilson submitted a letter from Fred Roe, 1311 Belfast Avenue, neighbor of the Wilsons, stating that the privacy screen added between their residences was with his full approval and that he finds it neither offensive nor undesirable. The Planning Commission had also received letters expressing approval of the privacy screen from the following neighbors: Mr. and Mrs. Fred Roe; Mr. and Mrs. Everett Fregosi, 3099 Warren Lane; and Mr. and Mrs. Arthur Holliday, 3093 Warren Lane. Mr. Wilson also reported that his house is elevated by an 18 -foot foundation and because of this, a privacy problem did exist with only a six-foot fence. Bob Van't Riet, 2759 Tern Circle, Costa Mesa, owner of property at 1315 Conway Avenue, offered his opinion that if he can see the fence from his property, he is opposed. He also commented that the Ordinance calls for a six-foot limit and the appellant should adhere to it. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he has known Gary Wilson for many years, and if he found it necessary to protect his privacy, there must have been a good reason. Vernice Holliday, 3093 Warren Lane, spoke in support of 'allowing the fence height variance. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Councilwoman Hertzog, seconded by Permit Approved Vice Mayor Johnson, to approve Zone Exception ZE-82-155 citing the need for privacy because the house is ele- vated by an 18 -foot foundation, and subject to one condition agreed to by the appellant. Councilman McFarland expressed understanding of Mr. Wilson's problem, and stated his belief that all homes in the Halecrest area are built on foundations. He also suggested that consideration be given to direct staff to review the Code with the possibility of allow- ing eight -foot fences for everyone. Mayor Hall agreed with that suggestion. The Mayor called for a vote for approval of the vari- ance, and the motion carried 3-1, Councilman McFarland voting ,no. PUBLIC HEARING The Clerk announced that this was the time and place Appeal from Pacific set for the public hearing to consider an appeal from Federal for Pacific Federal Savings and Loan Association, 1901 ZE-82-158/CALTRANS Newport Boulevard, Costa Mesa, of the Planning Commis- sion approval of Zone Exception ZE-82-158, Lloyd F. Shaver, authorized agent for California Department of Transportation, Post Office Box 81406, San Diego, for a Conditional Use Permit for outdoor storage in the median strip of Route 55 (Newport Boulevard) located between Bay and 19th Streets. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director reviewed the staff's memorandum dated December 1, 1982, and mentioned that recently several trucks are being stored on-site over- night and over the weekend. Staff suggests that storage of the trucks on the median property is acceptable only if they are completely screened by a fence or landscape materials. If not, the trucks should be stored at the authorized agent's nursery business. In view of the above, staff has recommended that if the application is 266 approved, another condition be added: Condition No. 8, "Vehicles stored on the site shall be screened as required in Condition No. 1". Mark Letter, representing the appellant, Pacific Federal Savings and Loan, 1901 Newport Boulevard, Costa Mesa, stated that since subject property was at the gateway of the Redevelopment Area, it is imperative that re-evalua- tion be made as to what will be placed in this area. He contended that outdoor storage is an inappropriate use, and unless the downtown gateway is properly improved, it will be difficult for the City to proceed in the area and attract developers. Mr. Letter proposed a culti- vated median strip as a buffer. He stated he was aware of the problems that would be encountered with the property owner, California Department of Transportation (CALTRANS), however, he offered to start negotiations with that agency in a short time. Authorized agent, Lloyd Shaver, was present to answer questions from the Council, and advise them that he has purchased shrubbery for the subject site which he believes will take full effect in approximately one year. Mr. Shaver stated that he was willing to work closely with the City to upgrade the area. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, opposed the application as being a piecemeal use of the property and expressed his opinion that the City had been remiss in not pressuring the State to make a decision for Route 55. Mr. Odegaard also disagreed with staff's Exempt Environmental Determination and suggested that an analysis be done. The Development Services Director responded to the above statements, stating that an analysis had been done, and in staff's view, the project is categorically exempt. Thereafter, Mr. Odegaard read a portion of the Cali- fornia Environmental Quality Act (CEQA) requirements. Responding to Mayor Hall's inquiry, both the Develop- ment Services Director and City Attorney agreed with the staff's finding. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his agreement with Mr. Odegaard's statements. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Councilman McFarland, seconded by Council - Permit Approved woman Hertzog, and carried 4-0, Zone Exception ZE-82-158 was approved based on the analysis and findings shown in the Staff Report, the recommendations of the Planning Commission, and subject to all conditions including Condition No. 8. Council Members Hall and McFarland expressed their appreciation to Mark Letter for his concern. PUBLIC HEARING The Clerk announced that this was the time and place ZE-82-11 set for the public hearing to consider Rezone Petition Chamley R-82-11, Jeff Chamley, 10 Tribute Court, Newport Beach, authorized agent for Dan Arthofer, for permission to rezone property located at 170 Rochester Street and at 171 East 18th Street from R2 to R3. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. r� A communication has been received from Mr. Chamley requesting that the Rezone Petition be withdrawn. MOTION On motion by Councilman McFarland, seconded by Council - Withdrawn woman Hertzog, and carried 4-0, the request was with- drawn as requested by the appellant. NEW BUSINESS The Clerk presented a petition containing signatures of 123 College Park residents, submitted by Diane Frieders- Block Wall on dorf, 2515 Andover Place, Costa Mesa, requesting Council Fair Drive to include in the current Fair Drive renovation project a six-foot block wall with pedestrian access. Councilman McFarland asked if bike trails would be constructed in the future. The City Manager reported that because of the need for reconstruction of side- walks at a cost of approximately $53,000.00 which was not estimated originally, installation of bike trails had to be delayed because of cost. He also stated that residents anticipate light and noise intrusion due to foliage being removed and have requested that the City participate in the construction of a block wall along Fair Drive in conjunction with the present renovation project. The City Manager recommended that the renovation project proceed as planned, that the City not participate in construction of the wall unless an Assessment District is established in which case the cost would be paid by the property owners. He again reiterated that the bike trails would be constructed in the future. Mayor Hall reviewed reports from staff, including possible solutions discussed at the Fair Drive Home- owners meeting with staff on November 9, 1982. Lee Friedersdorf, 2515 Andover Place, asked for clari- fication of the present plans. The Leisure Services Director responded that current renovation program has not been altered except that the installation of bike trails was removed. Reconstruction of sidewalks, which was not anticipated at the outset, is necessary and as a result, installation of bike trails must be delayed. Mr. Friedersdorf explained that the residents do not oppose the renovation project, however, removal of the foliage exposes old fences. He also informed the Council that residents are aware that a block wall would be too costly and suggested that wing walls be installed at the end of each cul-de-sac. Frank Smaldino, 2512 Andover Place, pointed out that 90 percent of the property owners supported the petition. In addition, he expressed concern over the safety of children and pets when the foliage is removed. The Leisure Services Director responded that camphor trees and turf will be planted, with the trees being approximately 20 feet apart. In response to the Mayor's inquiry, the City Manager reported that the oleander bushes which are being removed were causing maintenance problems. Also, Police were concerned for the safety of pedestrians and bicyclists. Councilman McFarland offered his opinions that when the project is completed, the area will be improved visu- ally and that foliage is not a noise buffer. Councilman McFarland went on to say that the exposed wood fences are the responsibility of the property owner, and that the City should not be expected to spend taxpayers' money to improve private property. uiane Friedersdorf, 2515 Andover Place, commented that the homeowners did not expect the City to repair fences and that they are aware that the City cannot absorb the cost of a block wall. She voiced her opinion that staff should have obtained citizens input earlier, and added that even though the oleander bushes were not the ideal plant, they did block the sight of traffic. At the request of Councilman McFarland, the Leisure Services Director reported that staff had two meetings with the homeowners. Letters were sent to 40 homes and 12 residents attended the meeting. After the renovation project was started, Mrs. Friedersdorf requested another meeting which was held on November 9, 1982. Councilwoman Hertzog suggested that another meeting between staff and homeowners be held prior to completion of the renovation project, but pointed out that she was not in favor of delaying the project. The City Manager recommended that the renovation project proceed as planned, that this item be continued to a later date, and that authorization be given to negotiate with a landscape architect to meet with staff and the homeowners for the purpose of providing consulting services. MOTION A motion was made by Councilwoman Hertzog as stated by Held Over the City Manager. The motion was seconded by Vice Mayor Johnson, and carried, 4-0. ORAL COMMUNICATIONS Bob Yoder, 155 Buoy Street, Costa Mesa, read a lengthy statement regarding location of Senior Citizens Housing Senior Housing in the City. Sid Soffer, 900 Arbor Street, Costa Mesa, made comments regarding environmental determinations; denial of the Therese Hanson late claim; definition of street and alley; and mandatory guidelines. The latter subject was not specifically identified. COUNCILMANIC COMMENTS A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried 4-0, appointing Appointment to Kenneth Fowler to the Board of Directors for Costa Mesa Nonprofit City Hall and Public Safety Facilities and the Costa Corporation Mesa Municipal Golf and Country Club, Incorporated, a nonprofit corporation. Re -appointment to On motion by Councilwoman Hertzog, seconded by Vice Vector Control Mayor Johnson, and carried 4-0, Bill Bandaruk was re - District appointed to the Vector Control District Board for a two-year term which will expire December 31, 1984. ADJOURNMENT Mayor Hall declared the g,eifti ng ad�purned ,fit 1:11A a.m. r of th& City of Costa Mesa ATTEST: Ci y Clerk of f eC,ty of Costa M a