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HomeMy WebLinkAbout11/07/1983 - City CouncilREGULAR MEETING OF THE CITY CODICIL CITY OF COSTA MESA November 7, 1983 The City Council of the City of Costa Mesa, met in regular session on November 7, 1983, 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 Paul Thomas, Church of Christ. ROLL CALL Council Members Present: Hall, Johnson, Hertzog, McFarland, Schafer Council Members Absent: None, Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Councilwoman Schafer, seconded by Vice October 17, 1983 Mayor Johnson, and carried 5-0, the minutes of the adjourned regular meeting of October 17, 1983, were approved as distributed and posted. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried 5-0, to read all ordinances by title only. PROCLAMATION Mayor Hall read a proclamation declaring the month of Alzheimer's Disease November as "Alzheimer's Disease Public Awareness Public Awareness Month". The Mayor presented the proclamation to Joan Month Dashiell, President of the Alzheimer's Disease Asso- ciation. CONSENT CALENDAR On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None I►�Myy► COMMUNICATIONS On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, Resolution 83-104, being A RESOLUTION OF Carrier Alert THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOINIA, Program IN SUPPORT OF THE IMPLEMENTATION OF THE CARRIER ALERT PROGRAM, a program designed to help handicapped and MOTION elderly citizens, was adopted by the following roll call Resolution 83-104 vote: Adopted AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Councilwoman Schafer., seconded by Council- woman Hertzog, the following -Reading -Folder items were received and processed: . Claims Claims have been received.by th6 ity Clerk from the following persons: Stephen Crilly; Attorney Richard N. Fleeing on; behalf of SIArley Hoff, also known as Ann Rowley, doing -business as Costa Mesa Beauty Supply; James L. Hunt; Rebecca Lynn Shioli; Attorney Linda Hart Chandler on behalf -- 155 of Donald Duane and Jeanet Laura Dickerson; two claims from Attorney Betty McMullen regarding Harbor Lawn Mortuary; Application for Leave to Present a Late Claim from Edmond J. and Daniel V. Keane; and Application for Leave to Present a Late Claim from Attorney Myron Blumberg on behalf of Glen and Greta Kraus. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi- Licenses iviLicenses sion: Anh Tram Dang, doing business as Harbor Liquor, 1927 Harbor Boulevard, Suite "B"; P.S.V.P, Incorporated, doing business at 2300 Harbor Boulevard, Suite 5; The Perfect Pan, doing business at 3333 Bristol Street, Suite 1085; and Renan A. Lora, doing business at 103 Santa Isabel Avenue. Smoking Communication from Enviroscope Corporation, lost Regulations Office Box 2933, Newport Beach, requesting that the City of Costa Mesa adopt an ordinance similar to an ordinance adopted by the City of San Diego regarding regulation of smoking in public places. H.B. 3829/Foster Carnmunication from Patricia Wood, Chairperson for Grandparent The Advisory Council of the Foster Grandparent Program Program at Fairview State Hospital, 691 Capital Street, Costa Mesa, asking for support of House of Representatives Bill 3829 which would amend the Domestic Volunteer Act of 1973, eliminating the chronological age requirement with respect to the Foster Grandparent Program for mentally retarded individuals. Public Utilities The following notices have been received from the Commission Public Utilities Commission: Order Instituting Investigation 83-10-01, an investigation to establish a list for fiscal year 1984-85 of existing and proposed crossings at grade of city streets, county roads, or state highways urgently in need of separation, or projects affecting the elimination of grade crossings by removal or relocation of streets or railroad tracks, or existing separations in need of alteration or reconstruction as contem- plated by Section 2452 of the Streets and Highways Code. Amended Application No. 82-02-40, from Southern California Edison Company, for authority to establish a major additions adjustment clause to implement a major additions adjustment bill- ing factor and an annual major additions rate' to recover the costs of owning, operating, and maintaining San Onofre Nuclear Generating Station Unit No. 2, and to adjust downward net energy cost adjustment clause rates to equal the increase in major additions adjustment clause rates. - Copy of a petition from William J. Monheam�to the Public Utilities Commission to re -open Application No. 82-08-55, an application filed by FunBus Systems, Incorporated, for a Certifi- cate ertificate of Public Convenience and Necessity to operate as a passenger stage corporation. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Multiple Sclerosis Purpose has been received from the National Multiple Society Sclerosis Society, Orange County Chapter, 7571 Westminster Avenue, Westminster, by fund solicitation MOTION from October 7 through November 11, 1983. On motion Request Approved by Councilwoman Schafer, seconded by Councilwoman Hertzog, and carried 5-0, the request was ratified and approved with application of Section 9-234J of the Municipal Code. High Hopes Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from High Hopes, 661 Hamilton MOTION Street, Suite 300, Costa Mesa, by holding a rummage Request Approved sale on November 19, 1983. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, and carried 5-0, the request was -approved with application of Sec- tion 9-2341 of the Municipal Code. SET FOR PUBLIC HEARING On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the following items were set for public hearing on November 21, 1983, at 6:30 p.m., in the Council Chambers of City Hall: Amendment to Ordinance amending Planned Development regula- Planned tions regarding perimeter open space, to allow Development reduced setback and/or reduced landscaping in Regulations certain projects located Citywide. Environ- mental Determination: Negative Declaration. Taxicab Proposed ordinance regarding liability insurance Insurance requirements for taxicabs. REJECTED CLAIMS On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the claim of Elizabeth McFarland McFarland was rejected. Zakrzewski On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the claim of Zdislaw Ted Zakrzewski was rejected. Nostrand On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the claim of David Alan Nostrand was rejected. Heralda On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the claim of Laura Lynn Heralda was rejected. ADMINISTRATIVE ACTIONS The Redevelopment Agency Director has recommended that the City Council adopt Redevelopment Project Area Redevelopment No. 1 as the boundaries for its commercial rehabili Agency tation program. In a memorandum dated November 7, Rehabilitation 1983, the Director states that prior to the City being Program able to drawdown its funds for commercial rehabilita- tion, the parameters of the commercial rehabilitation program must be defined for environmental review purposes. This drawdown would allow the City to earn interest on the funds, in the amount of $648,000.00, MOTION while the program is being formulated. On motion by Boundaries Councilwoman Schafer, seconded by Councilwoman Hertzog, Adopted and carried 5-0, the boundaries of Redevelopment Project Area No. 1 were adopted for the commercial rehabilita- tion program. Budget Adjustment On motion by Councilwoman Schafer, seconded by Council - No. 84-27 woman Hertzog, Budget Adjustment No. 84-27, in the amount of $5,000.00, for construction of a trash enclo- sure at Rea Community Center, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer . NOES: COUNCIL MEMBERS: None ABSENT: COLIgCIL MEMBERS: None 57 Budget Adjustment On motion by Councilwoman Schafer, seconded by Council - No. 84-31 woman Hertzog, Budget Adjustment No. 84-31, in the amount of $30,800.00, for design of Canyon Park, Phase II, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Councilwoman Schafer, seconded by Council - No. 84-32 woman Hertzog, Budget Adjustment No. 84-32, in the amount of $4,000.00, to improve sound system for the Council Chambers, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Orders The Leisure Services Director has requested approval of No. 2 and No. 3 the following change orders to the contract with Impact Impact Contruction Construction, 25291 Mainsail, Dana Point, in connection with slope renovation at Estancia Park: Estancia Park . Change Order No. 2, in the amount of $4,112.22, for Slope Renovation an additional 186 lineal feet of sidewalk; and Change Order No. 3, in the amount of $4,904.55, to remove and relocate appoximately 730 lineal feet of fence. MOTION On motion by Councilwoman Schafer, seconded by Council - Change Orders woman Hertzog, the change orders were approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order The Director of Public Services has requested approval No. 28 - Fleming of Change Order No. 28, in the amount of $23,359.40, Engineering to the contract with Fleming Engineering, Incorporated, 8281 Commonwealth Avenue, Buena Park, in connection Harbor Boulevard with the Harbor Boulevard Drainage System. The change Drainage System order is an adjustment of quantity resulting from changes made in the field in order to obtain the best MOTION result. On motion by Councilwoman Schafer, seconded by Change Order Councilwoman Hertzog, the change order was approved by Approved the following roll call vote: AYES: COUJNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "F" The Director of Public Services has requested approval A.S.L. Engineering of Change Order "F", in the amount of $1,450.00, to the contract with A.S.L. Consulting Engineering, 1201 East 19th Street Warner Avenue, Santa Ana, in connection with the 19th Widening Street widening. The change order is necessary to con- plete a topographical survey of the existing condition. MOTION On motion by Councilwoman Schafer, seconded by Council - Change Order woman Hertzog, the change order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Assessment Three acquisition agreements were presented to acquire District No. 82-1 needed right-of-way for Assessment District No. 82-1, Sterling Avenue Sterling Avenue. On motion by Councilwoman Schafer, seconded by Council- wanan Hertzog, the agreement with John Craig Combs and MOTION Susan K. Combs, in the amount of $2,000.00, for property Combs Agreement located at 2029 Ponona Avenue, was approved, and the Approved Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: OODICIL MEMBERS: None MOTION On motion by Councilwoman Schafer, seconded by Council- Kaylor Agreement woman Hertzog, the agreement with Mr. and Mrs. Jack Approved Kaylor, in the amount of $2,000.00, for property located at 1931 Parona Avenue, was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilwoman Schafer, seconded by Council- Abrams/LaFontaine woman Hertzog, the agreement with Susan M. Abrams, Agreement Approved Robert M. Abrams, and Vincent P. LaFontaine, in the amount of $2,000.00, for property located at 1945 Pomona Avenue, was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None Weed Abatement On motion by Councilwoman Schafer, seconded by Council - Cancellations woman Hertzog, Resolution 83-105, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MO'T'ION REQUESTING CANCELLATION OF ASSESSMENTS FOR WEED ABATE - Resolution 83-105 MENT PURPOSES FOR THE 1981 TAX YEAR, regarding City- Adopted- owned properties designated Assessor Parcels 422-262-18, 422-271-02, 422-271-05, and 422-251-07, was adopted by the following roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Cancellation or On motion by Councilwanan'Schafer, seconded by Council - Correction of woman Hertzog, Resolution 83-106, being A RESOLUTION OF Tax Roll THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOIN IA, AUTHORIZING THE DIRECTOR OF FINANCE TO CANCEL OR CORRECT MOTION THE TAX ROLL FOR SPECIAL ASSESSMENTS, was adopted by the Resolution 83-106 following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None Bid Item 601 Bids received for Bid Item 601, One Rotary Mower, are on One Rotary Mower file in the Clerk's office. On motion by Councilwoman Schafer, seconded by Councilwanan Hertzog, the contract MOTION was awarded to Bob Hicks Turf Equipment Company, Incor- Awarded to porated, 1274 North Red Gum Street, Anaheim, in the Bob Hicks.Turf amount of $38,796.00 including tax. The motion carried by the following roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None 1 Bid Item 602 Bids received for Bid Item 602, Instant Dry Traffic Line Traffic Line Paint, are on file in the Clerk's office. On motion by Paint Councilwoman Schafer, seconded by Councilwoman Hertzog, .the contract was awarded to Pervo Paint Company, 6624 MOTION Stanford Avenue, Los Angeles,.in the amount of $7,104.12 Awarded to including tax. The motion carried by the following roll Pervo Paint call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 605 One bid received for Bid Item 605, Sound Recording Sound Recording System for the Police Department, is on file in the System Clerk's office. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, and carried 5-0, the MOTION bid was rejected because the price exceeded the budgeted Bid Rejected amount by $8,000.00. OLD BUSINESS The Clerk presented from the meeting of October 17, R-81-06 1983, second reading and adoption of Ordinance 81-11, Kiter/Gussin in connection with Rezone Petition R-81-06, Roy Kiter/ Alan Gussin, for permission to rezone property located at 789 and 791 West 18th Street from R2 to R3. MOTION On motion by Councilman McFarland, seconded by Vice Ordinance 81-11 Mayor Johnson, Ordinance 81-11, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 705, NEWPORT - MESA TRACT, FROM R2 TO R3, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: PUBLIC HEARINGS McFarland, Schafer None None The Mayor announced the public hearings, continued from EIR/GP-83-2A/ the meeting of August 15, 1983, for Malcolm Ross, R-83-03 authorized agent for South Coast Plaza, 3315 Fairview Ross/South Coast Road, Costa Mesa, for the undeveloped sites bound by Plaza South Coast Drive, Bear Street, Sunflower Avenue, and Tracts 7718 and 7557: Environmental Impact Report for General Plan Amendment GP -83-2A. General Plan Amendment GP -83-2A, for permission to amend the General Plan land use designation from Medium Density Residential to General Commercial. Rezone Petition R-83-03, for permission to change the zoning from Al (General Agricultural Dis- trict) to PDC (Planned Development Commercial.) Communications in opposition to the proposed project have been received from the following Costa Mesa citizens: Darrilyn Oliver, 3077 Yukon Avenue; and Mildred Nicholson, 2063 Republic Avenue. Douglas Clark, Development Services Director, stated that staff specifically addressed the policy issue of allowing commercial development west of Bear Street. He emphasized that staff's recommendation is based on environment and policy only: Do the economic benefits outweigh the environmental and planning policy costs? Mike Robinson, Senior Planner, spoke on clarification of the Final Environmental Impact Report. He reported that the final report includes the following: Draft Environmental Impact Report; staff's comments and public input; staff's memorandum dated August 5, 1983, regard- ing change in environmental impacts; and staff's memorandum dated November 1, 1983, concerning revised housing and traffic impacts. Mr. Robinson continued by reviewing the above-mentioned memorandum of November 1. The Planning staff recommended acceptance and certifica- tion of the Final Environmental Impact Report including the attachments mentioned above; and denial of both General Plan Amendment GP -83-2A and Rezone Petition R-83-03. The Planning Commission recommended acceptance and certification of the Final Environmental Impact Report including attachments; and approval of both General Plan Amendment GP -83-2A and Rezone Petition R-83-03. Henry Segerstrom, of South Coast Plaza, 3315 Fairview Road, Costa Mesa, spoke in support of the proposed Robinson/Broadway project stating that he considered it one of the best projects proposed for this property. Mr. Segerstrom reviewed the history of this area and stated that the homeowners objected to a proposal for high density residential. He referred to a contract negotiated with the homeowners for administrative/ professional zoning; however, that use was also rejected by the homeowners. Mr. Segerstrom voiced his opinion that the proposed project is environmentally acceptable; that crossing guards will be provided for the children attending Bear Street School; and that a proposed green- belt will create a berm protecting adjoining residents from noise. Malcolm Ross, authorized agent for South Coast Plaza, gave a brief slide presentation, a walk-through of the project, and stated that a more detailed presentation will be made by Skip Stephenson. In response to Coun- cilman McFarland's question concerning open space, Mr. Ross advised that the open space of 65 percent to which he referred during his presentation, included 20 percent for parking area. Skip Stephenson gave a 60 -minute slide presentation of the proposed project which had been viewed previously by some homeowners, the Council, and members of the City staff. Mr. Stephenson mentioned that only four items in the Environmental Impact Report have been an issue: traffic, noise, sight lines, and air quality. During his presentation, Mr. Stephenson referenced these four issues; however., traffic was discussed at great length. Mr. Stephenson and the Traffic Consultant for the project answered questions from Councilman McFarland concerning traffic generated by the development. Councilman McFarland expressed his concern that the proposed project would be a detriment to the stores in South Coast Plaza, and Mr. Stephenson offered his _ opinion that the addition of new stores would enhance the businesses in the Plaza. Councilman McFarland requested information on the new credit card program which is being proposed for South Coast Plaza. Werner Escher, Executive Director of the South Coast Plaza Merchants Association, reported that the projection of additional sales resulting from the South Coast Plaza credit card is based on those people who will be making more use of credit, and that estimates made by the Bank of America is based on what is now in place. He further commented that if the proposed project were included in the bank's 'estimates, the projection for additional sales would be higher. 61 In concluding his presentation, Mr. Stephenson stated that the City must increase revenues if spending is not curtailed. Henry Segerstrom commented that the engineers and con- sultants for the project feel that the concerns of the residents have been met. Mr. Segerstrom introduced Mike Gould, Chairman of the Board and Chief Executive of Robinson's Department Stores. Mike Gould stated that it has been his experience that additional stores do not detract from other stores in a mall, and actually more stores make a mall more powerful. Mr. Gould related that when he met with the homeowners last February, Dan Gott camnented that it was a fine project; however, if this project is approved, others also will expect approval of commercial development. Mr. Gould expressed his opinion that the issue is not the Segerstran project but a proposed project by Arnel Development Company on nearby property containing 52 acres. RECESS The Mayor declared a recess at 8:30 p.m., and the meet- ing eeting reconvened at 8:45 p.m. Henry Segerstram commented that Costa Mesa is sales tax dependent and many cities want the Robinson store. Mr. Segerstrom introduced Arthur Crow, representing The Broadway. Arthur Crow stated that for the past 10 years, it has been the desire of The Broadway people to open a large store in Costa Mesa because of its mix of business, recreation, and culture. He expressed his admiration of the excellent development standards of the Seger- strans and their involvement in the community. Henry Segerstrom announced that this concluded the presentation for the South Coast Plaza project. He expressed his opinion that approval of the project will protect the future needs of the City and reiterated his belief that the envirornmental concerns of the neighbors have been met. James Lusk, 947 Serra Way,, stated that the proposed 18 -foot berm would prohibit sunlight from entering the residents' properties until late morning. He also voiced concern over increased traffic and its affect on the residents. Mr. Lusk questioned a report that residential areas require more police protection than commercial areas; however, in response to Mayor Hall, the Director of Finance stated that this information is accurate. Jon Paradis, 1140 Salinas'Avenue, President of the North Costa Mesa Homeowners Association, agreed that the project is a good one but not for the proposed location. Mr. Paradis reported that a survey had been taken and 800 letters mailed. Twenty-seven percent responded and the results were as follows: 87 percent opposed any commercial development; 94 percent opposed high density residential; and 94 percent agreed that the honeowners association oppose any ccmmercial. Mr. Paradis stated that the four major concerns of the homeowners are traffic, air pollution, noise, and safety of children. Mr. Paradis pointed out that the staff recammended denial and that Council should follow that recanmenda- tion. He further commented that approval of the project will adversely affect the quality of life in the City. 162 In conclusion, Mr. Paradis urged that there be no commercial development west of Bear Street. Ton Graham, 1106 Redding Avenue, presented slides concerning traffic impacts, and expressed his opinion that the increased traffic and air pollution generated by the proposed project will certainly be detrimental to the surrounding neighborhoods. Mr. Graham reported that representatives of the South Coast Air Quality Management District stated that it would be better to have a power plant on this site than to have the pro- posed project because there would be less pollution. Dave Leighton, 1074 Redding Avenue, made a presentation concerning the developments which have been approved in North Costa Mesa. He pointed out that the graphs indicate that of a total of 509 acres, 426 acres are commercial developments and 83 acres residential. Mr. Leighton showed additional slides regarding certain improvements which must be made in order to alleviate traffic congestion if the project is approved. He asked who would pay for the Fairview overpass widening, Free- way on- and off -ramps, and possible widening of Paularino Avenue. -Mr. Leighton also voiced his opinion that there are certain issues not addressed in the Environmental Impact Report, such as, housing shortages, overloaded sewage flow, police protection, public transportation, and localized flooding. Mr. Pat Radisay, 1134 Salinas Avenue, expressed his opinion that commercial use will not be the best econom- ical benefit to the City, and questioned the report from the City's Director of Finance that indicates that the project is vital to. the City. He asked what the impact will be on the stores now in South Coast Plaza and mentioned that many.stores are going out of busi- ness in Fashion Island, Newport Beach. Mr. Radisay commented that other cities will look at Anaheim and Costa Mesa covetously and will request legislation to have sales taxes distributed equally among all orange County cities. Bobbi Floyd, 1059 San Pablo Circle, Vice President of the North Costa Mesa Homeowners Association, stated that if the Council approved this project, other commercial developments will also be approved. She expressed concern over the impact on the neighborhood while construction is in process, high buildings block- ing the breeze to the residential area, emergency vehicle access, and the traffic hazards to the children. Ms. Floyd stated that the family and neighborhood 'are the backbone of the community and urged the Council to deny the request. Dan Gott, 953 Dahlia Avenue, asked that the human element be given.priority over additional revenue. He stated that commercial use should not encroach on a residential cotmiunity, and that if one application is approved, others will be entitled to commercial develop- ment also. Mr. Gott expressed is opinion that if the project is approved, it will undermine the Planning Department and the integrity of the City, and will disappoint the citizens. He urged the Council not to put money before people. Elsie Mae Deeter, 3067 Yellowstone Drive, expressed objection to the project and agreed with the state- ments of the previous speakers. She stated that she had expected the zoning to remain the same as when she purchased her home. Ms. Deeter also commented that present traffic makes it very difficult to enter and µ - 163 exit her tract, and that the proposed development will make the traffic conditions worse. She also expressed concern over the 'impact on the residential area during construction. Sid Soffer, 900 Arbor Street, stated he was neither for nor against the project, and further commented that. noise, traffic, and pollution are already a problem. He expressed his opinion that public transportation is the answer to alleviating traffic congestion. Mr. Soffer commented that most of the homeowners in the audience have homes on property that was once used for agriculture, but now they do not want others to change that land use designation. Daniel Lak, 958 Carnation Avenue, stated that he felt that Mr. Stephenson did not address noise pollution during his presentation for South Coast Plaza. Mr. Lak questioned some'of-the information presented by the applicant and expressed his opinion that his property value will diminish if the project is approved, and asked if Mr. Segerstrom is willing to reimburse him for that loss. Larry Myers, 925 Carnation Avenue, reported that he is new in the area, that he is an engineer, and is experi- enced in traffic planning. Mr. Myers disagreed with the traffic information presented by the applicant and asked what kind of compensation the homeowners will be given for the inconvenience of noise, dust, and vibra- tion during construction. George Musick, 932 Azalea Drive, stated that traffic is intolerable at the present and expressed concern about noise, -traffic, crime, pollution, and negative impact on the life styles of the homeowners. Mr. Musick also stated he was concerned that some Council Members have already made a decision and'read from an article in The Register newspaper, quoting statements made by Mayor Hall. Jack Hall, 1859 Tahiti Drive, President of the Costa Mesa Chamber of Commerce, reported that the Board of Directors,of the Chamber have studied the project for some time and recommend approval. Mr. Hall mentioned the economic problems facing the cities of Fountain Valley and Orange because of insufficient revenues. RECESS The Mayor declared a recess at 10:35 p.m., and the meet- ing eeting reconvened at 10:50 p.m. Jack Hammett, 809 Presidio Drive, former Mayor of the City, stated that he lives in the Mesa del Mar Tract and that area inherited the National Guard building; Bear Street extension; motorcycle races at the Fair- grounds; and the Pacific Amphitheatre, also at the Fairgrounds. He commented that traffic will increase no matter what is developed on subject site. Mr. Hammett referred to previous statements made that dollars are being traded for the welfare of the people, and expressed his opinion that all Costa Mesa citizens will benefit from the revenue obtained from the project. He further stated that because of Proposition 13, addi- tional dditional revenues must be raised or services must be reduced. Mr. Hammett urged Council to make a decision that will benefit all of the citizens. Wallace Kleck, 3358 Marigold Circle, expressed support of the project, stating that residential is not econom- ically feasible and that in these times, cities must change their planning. Mr. Kleck also felt that Mr. Segerstron will set a development precedent and Arnel Development Company must do as well. Robert Jordan, 876 Bear Creek, advised that his hone is one of 144 homes located north of Sunflower Avenue, and that during the homeowners meetings, he did not hear any negative remarks about the project. Mr. Jordan also reported that the homeowners in his area were not contacted when the North Costa Mesa Homeowners Associa- tion conducted its survey, and felt that the wishes of all 85,000 Costa Mesa citizens should be considered. Mr. Jordan advised that the proximity of South Coast Plaza has enhanced the value of his property. David Browne, 871 Propect Place, stated that he and his neighbors also oppose the project even though they are not adjacent to the proposed project. He expressed his opposition to widening of Bear Street and stated that if the project is approved Bear Street will be as heavily traveled as Bristol Street. Mr. Browne also was concerned with the possible closure of Bear Street School if the property is not developed for residential use. Mike Lawler, 3653 Bear Street, favored the project and felt that if all citizens of Costa Mesa voted on this matter, the project would be approved. Paul Dudley, 2215 Republic Avenue, spoke in support of the project stating his opinion that this will be a lasting benefit to the City. He mentioned that other cities in the County are.charg ing fees for paramedic, recreational, and other services because of insufficient revenues. Gerald Lutsky, 24605 Ridgewood Circle, El 7hro, reported that he opened an accounting firm in Santa Ana in 1965 and found he had made a wrong decision. After extensive studies of various cities, he decided to relocate in Costa Mesa because of the positive prospects of this City. Mr. Lutsky expressed his opinion that the project will help the City in the long run, and urged Council to approve the application. Peggy Reinert, 1816 Newport Boulevard, member of Costa Mesa Tomorrow, stated that she speaks for the majority of the membership and that they favor the project. Mrs. Reinert felt commercial development pays for itself and pays for services for the entire City. Richard Frost, 403 Via Lido Soul, Newport Beach, reported that his firm has been the leasing agent for South Coast Plaza and Town Center and that corporations want to locate in a fiscally responsible city. Mr. Frost mentioned some of the large corporations that have located in Costa Mesa because they sense the positive attitude of the leaders of the City. He expressed his feeling that a negative vote for the Segerstrom project could stop.that pendulum and businesses could be lost for decades. Michael Szkaradek,.1555 Mesa Verde Drive East, stated that he is a renter in the City and that he opposes the project because rents have been forced upward due to the shortage of housing. Robert Hawes, 2954 Baker Street, General Manager of Westin South Coast P1aza.Hotel, explained that he does not work for the Segerstroms;but that the hotel leases the property. He stated that he has never lived nor worked in a finer community and that Costa Mesa would not be in this position without the vision of its leaders. Mr. Hawes urged Council to approve the project for the good of all citizens. Jacque Kemp, 19441.Martin Lane, Santa Ana, real estate agent, reported that she has worked in the City for over three years and that property values in the South Coast Plaza area have been enhanced, and that the Plaza area has had higher homes sales. Barbara Grady; whose office is located at 655 Town Center Drive, informed the Council that she has been working on development of the arts and commended the Council for promoting the arts in the City. Ms. Grady stated that because of the excellent planning in the past, the City of Costa Mesa is envied by all cities. John Feeney, 1154 Dorset Lane, resident of the City for 20 years, commented that he is thinking of moving . because the out of-towners are the people who want the project and that North Costa Mesans are being ignored. Alan Anderson, 2518 Santiago Street, Santa Ana, whose business is located in South Coast Plaza, mentioned the commercial developments in the cities of Tustin, Orange, and Santa Ana, which are experiencing loss of businesses because of the lack of positive attitude in those communities. Mr. Anderson commented that the Performing Arts Center would not have been located here if Costa Mesa were not a vital city. Sam Stroich, 1086 Santa Cruz Circle, reported that he welcomed the beautiful project. John Kater, 583 Traverse Drive, expressed his apprecia- tion and respect for the Segerstroms; however, he felt the economic benefits from the project are exaggerated. Mr. Kater stated that the high technology industry, with which he -is affiliated, contributes more, or at least a substantial amount of revenues to the City. Suzy Ficker, 110 Ninth Street, Newport Beach, expressed opposition'to commercial developments stating that more sophisticated fire fighting equipment is needed and that there has been enough growth in the area. She continued by stating that Newport Beach residents are suffering air and traffic pollution from these types of developments. Charles B. Hamilton, 398 West Wilson Street, opposed the project because of traffic congestion. Ann Kelly,,2736 Mendoza Drive, stated that progress is important but priorities must be re-evaluated, taking into consideration the quality of life in North Costa Mesa. Bobbi Floyd spoke again, stating that she is a realtor, and informed the Council that a property on Carnation Avenue is now in escrow; however, the transaction will not be completed if the project is approved. Priscilla Briggs, 1911 Kauai Place, resident of the City for 15 years, supported the -project because she felt it would be an asset to the City. Robert Wilson, 3435 Plumeria Place, former Mayor of the City, stated that although he admires Henry Segerstrom for all he has done in the City, he is opposed to the project. He commented that the revenue from South Coast Plaza is a benefit, but that there are other businesses that contribute much revenue, such as the Fedco store, and the automobile dealerships. Mr. Wilson urged the Council to consider the quality of life of the residents by denying the project. Henry Wong, 3082 Roanoke Lane, resident of the City for 20 years, expressed understanding of the difficult decision the Council will be making in that there will be disappointment by some no matter what the outcome of the Council vote. He added that no one would like to have this City referred to as "Goat Hill" nor would they want to live in Santa Ana, Garden Grove, Stanton, or some other cities. Mr. Wong stated that he lives near South Coast Plaza and is proud of it. r Bruce Mayheu, 924 Dahlia Avenue, spoke in opposition to the project, stating he does not want a berm blocking his view. Henry Segerstrom reminded the Council that all citizens of Costa Mesa should be considered when making a deci- sion. ecision. Mr. Segerstrom reiterated that the homeowners will be"protected. There being no other speakers, Mayor Hall closed the public hearings. RECESS The Mayor declared a recess at 12:25 p.m., and the meet- ing eeting reconvened at 12:40 p.m. Mayor Hall announced that he would start the discussion since he was quoted as supporting the project. The Mayor stated that the issues are planning in general; and impacts to adjoining homeowners, the immediate area, and the City in general; and that special attention must be given to the, surrounding homes in regard to noise, view, privacy, and peace and tranquility. Mayor Hall felt that noise, especially traffic noise, is the most detrimental to the area. He pointed out that an uninterrupted noise wall is the only solution, the higher the better, and this project proposes an 18 -foot berm, which is best for the residents. The Mayor's opinion is that the proposed berm is a better sound attentuator than any high density residential use since that use would emit noise 24 hours a day. The Mayor went on to state that view has not been suffi- ciently ufficiently addressed in any documents; however, if the project is built, the landscape on the hill will be the view. On the other hand, if the property is developed for residential use, two-story buildings will be the view. The Mayor also mentioned that privacy will not be compromised because the landscaped hill will allow more privacy than two-story buildings. He noted that Wakeham Park, one of the best in the City, is located in this area and if the subject property is developed for residential, the park will not be adequate for the new residents. Mayor Hall referred to the South Coast Area Transporta- tion Study which was a joint study by the cities of Costa Mesa and Santa Ana, the Orange County Transit District, and the Orange County Transportation Comm1S- sion. The report was completed in 1981, prior to the Arnel and Segerstrom projects, and indicates that traffic will double by 1995; therefore, traffic will escalate whether or not this project is approved. Mayor Hall commented that the City's paramedic, fire, police, communications, recreation, and street repair 1 services are outstanding, and that if the project is denied, then spending must be reduced now and we will be telling the commercial world to forget Costa Mesa. Vice Mayor Johnson commended the Segerstroms and the homeowners on their excellent presentations. He commented that all Council Members are sincere in wanting the best for Costa Mesa. The Vice Mayor voiced his opinion that traffic will increase regard- less of the decision made this evening. He stated that revenue is needed and this is the best project for the area. Councilman McFarland thanked the applicant and home- owners for outstanding presentations and expressed appreciation for the comments of all who appeared. He felt that there is more to be considered than the 18 acres involved in the Segerstrom property, and that is the 52 acres which Arnel intends to develop. Councilman McFarland stated that his greatest concern is the increased traffic, and expressed his belief that parking will spill over into the residential area. As to revenue, Councilman McFarland conceded that the project will bring in a substantial amount of money; however, there are other projects, such as hotels, which will generate a good deal of revenue as well. Councilman McFarland addressed the need for housing, stating that more jobs require more housing. He also commented that after reading the Environmental Impact Report, he found little reason to support the project although he could justify this one project but not the Arnel development. Councilwoman Schafer stated that no matter what the decision, some people will be unhappy. She mentioned how difficult it has been to decide whether or not commercial developments should be approved west of Bear Street, and her decision will be based on what she feels is best for the City. Councilwoman Schafer mentioned that many surrounding cities are having financial prob- lems and would be delighted to have such a project in their communities. She also commented that the appli- cant pplicant has done everything to please the homeowners, and if it weren't for the Segerstroms, Costa Mesa would not be the City it is today. Councilwoman Hertzog expressed her agreement with the comments made by Councilman McFarland in that the available information supports denial. She stated that the project is beautiful, but not for this area. MOTION A motion was made by Councilwoman Schafer, seconded by EIR Accepted Vice Mayor Johnson, to accept the Environmental Impact Report, including staff's comments and public input, - staff's memorandum dated August 5, 1983, regarding change in environmental impacts; and staff's memorandum dated November 1, 1983, concerning revised housing and traffic impacts, to certify the document as adequate and accurate; and to add the following: 1. Submit a plan to take into consideration the over- flow parking during the Christmas season. 2. Submit a plan for a walking bridge linking the new development to South Coast Plaza and to Two Town Center to help alleviate the traffic. 3. 'Submit a plan for installation of sidewalks along South Coast Drive. 167.. 4. Submit plan for crossing guards for school children attending Bear Street School to mitigate concerns of traffic for children in the a.m. and p.m. 5. Submit plans for security to share with the Council and the homeowners so that they are aware of the security measures taken. 6. Submit plans for working with the City and CALTRANS on the off- and on -ramps of the San Diego Freeway to alleviate some of the traffic on Bear Street. 7. Submit plan on handling the shortage of housing units caused by this project and others by the Segerstram people. The motion carried 5-0. MOTION FOR A motion was made by Councilwanan Schafer, seconded by GP -83-2A Vice Mayor Johnson, to adopt Resolution 83-107, being Resolution 83-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -83-2A, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, approving Option I, as shown in the Staff Report entitled, "General Plan Amendment GP -83-2A and Rezone Petition R-83-03"; and incorporating into the record the following staff reports: memorandum dated October 28, 1983, from Rock Miller and Mark Sellheim; memorandum dated October 28, 1983, from Mark Sellheim; and memorandum dated November 1, 1983, from Mike Robinson. At the Mayor's suggestion, Councilwoman Schafer amended her motion by incorporating the seven mitigation meas- ures which were included in the Environmental Impact Report. The amended motion was seconded by Vice Mayor Johnson, and carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Schafer NOES: COUNCIL MEMBERS: Hertzog, McFarland ABSENT: COUNCIL MEMBERS: None MOTION FOR On motion by Councilwoman Schafer, seconded by Vice R-83-03 Mayor Johnson, Ordinance 83-24, being AN ORDINANCE OF Ordinance 83-24 THE CITY CODICIL OF THE CITY OF COSTA MESA, CALIFORNIA, First Reading CHANGING THE ZONING OF A PORTION OF THE LAND DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA WHICH WAS ENTERED SEPTEMBER 12, 1968, IN BOOK "B" OF JUDGEMENTS OF THE DISTRICT COURT OF THE SEVENTEENTH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, FROM Al TO PDC, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Schafer NOES: COUNCIL MEMBERS: Hertzog, McFarland ABSENT: COUNCIL METERS: None MOTION A motion was made by Councilwanan Schafer, seconded by Accept Only the Vice Mayor Johnson, that the only plan acceptable to Plan Submitted the City is the plan which has been submitted by the by Applicant applicant; and that the Planned Development contain all conditions and mitigating factors which the Council finds are necessary. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, McFarland, Schafer NOES: COUNCIL MEMBERS: Hertzog ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 1:40 a.m., and the meeting reconvened at 1:50 a.m. K%RRANTS On motion by Councilman McFarland, seconded by Council- woman Hertzog, Warrant Resolution 1230, including MOTION Payroll 8321, was approved by the following roll call Warrant 1230 vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilwoman Hertzog, seconded by Council - Warrant 1231 man McFarland, Warrant Resolution 1231 was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY REPORTS The City Attorney requested authorization to settle the claim of Gerald McGuire as outlined in staff's conf i McGuire Claim dential memorandum dated October 18, 1983. MOTION On motion by Councilwoman Schafer, seconded by Vice Settlement Mayor Johnson, the requested settlement was authorized Authorized by the following roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None Stroot The City Attorney requested authority to increase the Condemnation offer in connection with the Stroot condemnation. The details are contained in his confidential memorandum dated October 31, 1983. MOTION On motion by Vice Mayor Johnson, seconded by Council - Offer Increase woman Schafer, staff and the City Attorney were Authorized authorized to increase the offer as requested. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None CITY MANAGER REPORTS The City Manager presented an ordinance concerning a new position of Transportation Services Engineer. The Transportation Municipal Code currently gives certain powers and duties Services Engineer to the Traffic Engineer, but that position is vacant and unbudgeted. The proposed ordinance would give these authorities and duties to the Transportation Services Engineer. MOTION On motion by Councilwoman Schafer, seconded by Council - Ordinance 83-25 woman Hertzog, Ordinance 83-25, being AN ORDINANCE OF First Reading THE CITY CODICIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING THE OFFICE OF TRANSPORTATION SERVICES ENGINEER, was given first reading and passed to second reading by the following roll call vote: .AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None Agreement - Allen The City Manager recommended approval of a contract with Ralph Allen and Partners, 520 North Main Street, Santa Downtown Library Ana, in the amount of $58,000.00, for architectural services for construction of a new library to be a maxi mum of 7,500 square feet. The City will retain ownership of the property and improvements while the County of Orange will occupy the premises and provide library services. The County is contributing $250,000.00 towards the project in lieu of lease payments. The design, plans, and specifications developed by the architects will be subject to approval by an Architectural Review Committee consisting of staff representatives from the County and City. The project will be brought back before the Council for approval prior to commencement of construction. MOTION On motion by Councilman McFarland, seconded by Council - Agreement woman Hertzog, the agreement was approved, and the Mayor Approved and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Cable Franchise The City Manager presented a resolution authorizing the City Manager to enter into negotiations with Copley/ Colony Cablevision of Costa Mesa, Incorporated, for a nonexclusive francise to construct and operate a cable cornmum ications system within the City of Costa Mesa. Jack Clifford, of Copley/Colony Cablevision, reported that the company is based in Rhode Island and is one of the largest in the nation providing this service. Mr. Clifford stated he believes that Copley's application is outstanding and the cable system proposed for the City will be the best system in the United States. Mr. Clifford introduced members of the Copley/Colony staff. MOTION On motion by Councilwoman Schafer, seconded by Council - Resolution 83-108 woman Hertzog, Resolution 83-108, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO NEGOTIATIONS WITH COPLEY/COLONY CABLEVISION OF COSTA MESA, INCOR- PORATED, FOR THE AWARD OF A NON-EXCLUSIVE FRANCHISE FOR CABLE COMMUN ICATICiS SERVICES, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The City Manager presented a request from a Costa Mesa Request for police officer for a grievance hearing before the City Grievance Hearing Council. The officer is appealing an administrative decision. MOTION On motion by Councilwoman Schafer, seconded by Council - Request Denied woman Hertzog, and carried 5-0, the request was denied. ORAL Michael Szkaradek, 1555 Mesa Verde Drive East, Costa COMMUNICATIONS Mesa, stated that his rent has just been increased by a large percentage and asked the Council to adopt an Rent urgency ordinance limiting the amount of rent increases. Increases Mayor Hall responded that rent control tends to dis- courage the construction of apartment units and that a better solution is construction of more housing. COUNCILMANIC Mayor Hall reported that he had received a letter from COMMENTS Councilman Don Holt of the City of Placentia requesting the Council's support for a seat on the Orange County Orange County Transportation Commission. In the event he is selected Transportation for the Commission, Councilman Holt will give up his Commission seat on the Orange County Transit District Board. A motion was made by Councilwoman Schafer, seconded by MOrTION Councilwoman Hertzog, and carried 5-0, to support Don Holt City of Placentia Councilman Don Holt for a seat on Recommended the Orange County Transportation Commission. Fullerton City The Mayor presented a resolution commending Fullerton Councilman City Councilman Duane Winters for his years of service Duane Winters with"the California League of Cities. On motion by Ca mended Mayor Hall, seconded by Councilwaman Hertzog, Resolution 83-109, being A RESOLUTION OF THE CITY COUTCIL OF THE MOTION CITY OF COSTA MESA, CALIFOISIIA, RECO(NIZING FULLEI= Resolution 83-109 CITY COUNCILMAN DMNE WINTERS IN APPRECIATION OF FIFTEEN Adopted YEARS OF SERVICE WITH THE ORANGE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES, was adopted by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COLUCIL MEMBERS: None ADJOURNMENT The Mayor declared the ming d of urned at 2:10 .m. Mayor of the City of Costa Mesa ATTEST: C ty Clerk of the City of Costa sa