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HomeMy WebLinkAbout11/21/1983 - City Council-,c 72 ROLL CALL REGULAR MEETING OF THE CITY COUNCIL C"*Mi1W4 CO• r Ti 'r l November 21, 1983 The City Council of the City of Costa Mesa, met in regular session on November 21, 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 Vice Mayor, followed by the Pledge of Allegiance to the Flag lead by Boy Scout Troops 80 arra 590, and Invocation by the Reverend Denis Lyons, St. John the Baptist Catholic Church. Council Members Present: Hall, Johnson, Hertzog, Schafer Council Members Absent: McFarland Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Councilwoman Schafer, seconded by Mayor November 7, 1983 Hall, and carried 4-0, the.minutes of the -regular meet- ing of November 7, 1983, were approved as distributed and posted. - _ ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilwoman Schafer, and carried 4-0, to read all ordinances by title only. REPORT Bill Bandaruk, the City's representative on the Orange Vector Control County Vector Control District Board, presented a Representative report on the latest activities of the District and pointed out that the greatest number of calls for assistance concerned problems with rats and mosquitos. 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, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland READING FOLDER On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims have been received by the City Clerk from the following persons: John E. Harding; Linda Sue Rich; and Attorney Thomas F. Mortimer on behalf of Jon Branston. Alcoholic Alcoholic Beverage License application for which Beverage parking has been approved by the Planning Divi- License iviLicense sion: Marvin G. Brehm and Irene J. Licher, doing business at 1125 West Victoria Street, Buildings K and L. Public Utilities Notice from the Public Utilities Commission that Commission Application No. 83-10-36 has been filed by South- ern California Edison Company, for authority to include San Onofre Nuclear Generating Station Unit No. 3 as a specified major addition under the major additions adjustment clause. 1 BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from Veterans of Foreign Veterans of Wars, 2nd District, State of California, 1213 East Foreign Wars Warner Avenue, Santa Ana, by sale of trash bags from November 22, 1983, to February 23, 1984. On motion by MOTION Councilwoman Schafer, seconded by Councilwoman Hertzog, Permit Approved and carried 4-0, the request was approved with applica- tion of Section 9-2341 of 'the Municipal Code. Services for Notice of Intention to Appeal or Solicit for Charitable the Blind Purpose has been received from Services for the Blind, 2015 North Broadway; Santa Ana, by sale of trash bags MOTION from October 31 to December 30, 1983. On motion by Permit Approved Councilwoman Schafer, seconded by Councilwoman Hertzog, and carried 4-0, the request was approved with applica- tion of Section 9-2341 of the Municipal Code. REJECTED CLAIMS On motion by Councilwoman Schafer, seconded by Council- Pellerin woman Hertzog, and carried 4-0, the claim of William D. Pellerin was rejected MacLean On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 4-0, an Application for Leave to Present a Late Claim from Dale MacLean was denied. Kraus On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 4-0, an Application for Leave to Present a Late Claim from Glen and Greta Kraus was denied. ADMINISTRATIVE ACTIONS The Assistant City Manager has recommended that the agreements for police tow services be extended through Agreements for September, 1984, with the option of extending the Police Zbw contracts on a year-to-year basis through September, Services 1986, if annual performance and financial evaluations of each company's performance is satisfactory. MOTION A motion was made by Councilwoman Schafer, seconded by Coast Towing and Councilwoman Hertzog, approving extension of the police Harbor Towing tow services with the following companies: G and W Agreements Towing, Incorporated, doing business as Coast Towing, Extended 132 Industrial Way, Costa Mesa; and Rushco Enterprises, Incorporated, doing business as Harbor Towing, 964 West 17th Street, Costa Mesa. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Public Safety The City Manager has recommended that pending an election Retirement among the Fire and Police employees, the terms of office Committee for Police Officer Dave Brooks and Fire Fighter Roger Lopossa on the Public Safety Retirement Committee be MOTION extended until December 31, 1983. On motion by Council - Extend Terms woman Schafer, seconded by Councilwoman Hertzog, and of Office carried 4-0, the terms of office were extended as recommended by the City Manager. Agreement - Greer Staff has requested approval of an agreement with Greer and Company, 4095 East La Palma Avenue, Anaheim, in the Design of Landscaped amount of $15,880.00, for design of landscaped street Street Medians on medians on Harbor'Boulevard, from Wilson Street to Harbor Boulevard Hamilton Street; and on Red Hill Avenue, from Airport and Red Hill Avenue Loop Drive to McCormick Avenue. On motion by Council- woman Schafer, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor and Clerk were MOTION authorized to sign on behalf of the City. The motion Agreement Approved carried by the following roll call vote: _ 7 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ,Hall, -Johnson, Hertzog, Schafer None McFarland Release of The Director of Leisure Services has requested release Retention Funds of 50 percent of retention funds, in the amount of to Hondo Company $15,172.76, to Hondo Company, 18392 East 17th Street, Santa Ana, in connection with renovation of Vista Park. Vista Park On motion by Councilwoman Schafer, seconded by Council - Renovation woman Hertzog, the request was granted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Release of Funds Schafer Authorized NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Budget Adjustment On motion by Councilwoman Schafer, seconded by Council - No. 84-34 woman Hertzog, Budget Adjustment No. 84-34, in the Del Mar Avenue amount of $480,000.00, to acquire property for the Del Widening Mar Avenue widening, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Adjustment Schafer Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Grant of Property The Director of Public Services has requested authori to Emmons zation for trade of surplus property measuring 194.22 square feet for the acquisition of a parcel containing 17th Street 116.71 square feet. The property trade is with Alignment Lucille C. aTmons and is in conjunction with the 17th Street alignment project. The properties will be MOTION conveyed by grant deed and no additional funds will be Grant of Property required. On motion by Councilwoman Schafer, seconded Approved by Councilwoman Hertzog, the.grant of property was approved, and the Mayor and Clerk were authorized to execute the grant deed on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL'MEMBERS: McFarland Property Transfer The Director of Public Services has requested that to Redevelopment ownership of a landlocked parcel be transferred from Agency the City to the Costa Mesa Redevelopment Agency. The parcel contains 5,220 square feet and is bound by 19th Street, Park Avenue, Center Stret, and Harbor Boulevard. The Redevelopment Agency holds title to all the parcels surrounding subject property, and acquisition of that ' parcel will complete the Agency's title to the Fidelity MOTION Federal Block. On motion by Councilwoman Schafer, Property Transfer seconded by Councilwoman Hertzog, the property transfer Approved was approved, and the Mayor and Clerk.were authorized to execute the grant deed on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Final Map for The Final Map was presented for Tract 11960, The Balalis Tract 11960 Corporation,3471 Via Lido, Suite 207, Newport Beach; Balalis one lot, 0.35 -acre, located at 2683 and 2687 Orange Avenue, for condominium purposes. On motion by Council- MOTIOT woman Schafer, seconded by Councilwoman Hertzog, the Map Approved map was approved; the Council did accept on behalf of the City of Costa Mesa an ingress/egress easement over Lot 1 for emergency and security vehicle purposes as dedicated, and a three-foot public utility easement as 1 7t5 dedicated; did:•_also approve said map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Final Map for The Final Map was presented for Tract 12014, Chris R. Tract 12014 Stephens, 408 Bucknell Road., Costa Mesa; one lot, 0.46 - Stephens acre, located at 2603-2607 Elden Avenue and 140 Del Mar Avenue, for condominium purposes. On motion by MOTION Councilwoman Schafer, seconded by Councilwoman Hertzog, Map Approved the map was approved; the Council did accept on behalf of the public the dedication of Del Mar Avenue for street purposes; did accept on behalf of the City of Costa Mesa a three-foot wide easement for public utility purposes, and the ingress/egress easement for emergency and security vehicle purposes as dedicated; did also approve said map pursuant to Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Release of The Director of Public Services has requested release Retention Funds of 50 percent of retention funds, in the amount of to Blair Paving $24,473.62, to Blair Paving, 4071 East La Palma Avenue, Anaheim, in connection with the 1982-83 Street Mainte- 1982-83 Street nance Program. On motion by Councilwaman Schafer, Maintenance seconded by Councilwoman Hertzog, the request was granted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Release of Funds Schafer Authorized NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Bid Item 604 The Director of Leisure Services has requested that a Re -roofing contract be awarded for Bid Item 604, Re -roofing the Clubhouse at Clubhouse at the Costa Mesa Golf and Country Club; Golf Course and that Budget Adjustment No. 84-33, in the amount of and $14,000.00, be approved for this project. One bid Budget Adjustment has been received and is on file in the Clerk's office. No. 84-33 On motion by Councilwoman Schafer, seconded by Council- wanan Hertzog, the contract was awarded to Lee Roofing MOTION Company, 1653 Superior Avenue, Costa Mesa, in the Awarded to amount of $18,369.00; and Budget Adjustment No. 84-33 Lee Roofing was approved. The motion carried by the following roll and Budget call vote: Adjustment AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Approved Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Bid Item 606 Bids received for Bid Item 606, Two Pick-up Trucks, are Two Pick-up Trucks on file in the Clerk's office. On motion by Council- wcman Schafer, seconded by Councilwoman Hertzog, the MOTION contract was awarded to GMC Truck and Coach, 6901 South Awarded to GMC Alameda Street, Los Angeles, for a total price of Truck and Coach $14,380.00 plus tax. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland �;o Bid Item 607 Bids received for Bid Item 607, Refuse Removal Service, Refuse Removal are on file in the Clerk's office. On motion by Coun- Service cilwoman Schafer, seconded by Councilwoman Hertzog, the contract was awarded to ORCO Disposal, Incorporated, MOTION 2051 North Placentia Avenue, Costa Mesa, in the amount Awarded to of $91.00 per load., The motion carried by the follow- ORCO Disposal ing roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: McFarland Conference On motion by Councilwoman Schafer, seconded by Council - Advances woman Hertzog, two Conference Advances, in the amount of $270.00 each, for two police officers to attend the MOTION Baton Training Course in Palm Springs, December 6-8, Advances 1983, were approved by the following roll call vote: Approved AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: McFarland Agreement - The Assistant City Manager has requested approval of Municipal Data an agreement with Municipal Data Systems, 2140 West Systems 190th Street, Torrance, for a payroll/personnel soft- oftware waresystem for the City's IBM computer. The agreement MOTION stipulates payment by the City of $33,500.00. On motion Agreement by Councilwoman Schafer, seconded by Councilwoman Approved Hertzog, the agreement was approved, and the Mayor was authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: McFarland OLD BUSINESS The Clerk presented a proposed resolution which moti- GP-83-2A fies Resolution 83-107 by incorporating the findings South Coast Plaza and new mitigation measures provided during Council consideration of General Plan Amendment GP -83-2A on November 7, 1983, for South Coast Plaza. Larry Myers, 925 Carnation Avenue, expressed approval of the plan and referred to a letter he sent to the Council regarding possible detriment to adjacent property owners during construction. Mayor Hall responded that this issue has been addressed on Page 3 of the CEQA Findings and Statement of Facts, dated November 7, 1983, being Exhibit "A" of Resolution 83-107. It was also pointed out by the Development Services Director and the Mayor that air quality and traffic impacts are also addressed in this document. Mr. Myers suggested that adjacent landowners be kept informed of construction activity so that no misunderstandings will occur between the developer and the residents. Mayor Hall responded that applicant's representative was in the audience and that he hoped the developer will cooperate by informing the homeowners of construction schedules. Councilwoman Hertzog stated the City will do all it can to assist the homeowners and that she was sure the developer, C. J. Segerstrom, will cooperate also. Mayor Hall suggested that the following amendments be made to Exhibit "A" of the proposed modified resolution: Page 2, Finding la, Page 3, Finding la, and Page 10, Finding lc, are to read, "Construct a 45 -foot to 60 -foot densely landscaped berm as detailed in the presentation"; and on Page 13, Finding lb is to read, "Full development of the project may result in the need for traffic sig- nals at the access on Bear Street and at the access to South Coast Drive. The traffic signal,at Fuchsia Street and Sunflower Avenue is to be implemented as soon as possible in concert with the -residential project north of Sunflower Avenue". MOTION On motion by Councilwoman Schafer, seconded by Mayor Resolution 83-107-A Hall, Resolution 83-107-A, being A RESOLUTION OF THE Adopted CITY CODICIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMINDMENT GP -83-2A, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, including the amendments to Exhibit "A" recommended by Mayor Hall, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland R-83-03 On motion by Mayor Hall, seconded by Councilwoman South Coast Plaza Schafer, Ordinance 83-24, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOINIA, CHANGING MOTION THE ZONING OF A PORTION OF LAND DESCRIBED IN THE FINAL Ordinance 83-24 DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA WHICH WAS ENTERED SEPTEMBER 12, 1868, IN BOOK "B" OF JUDGEMENTS OF THE DISTRICT COURT OF THE SEVENTEENTH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALI- FOINIA, FROM Al TO PDC, in connection with Rezone Petition R-83-03, South Coast Plaza, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Schafer, NOES: COUNCIL MEMBERS: Hertzog ABSENT: CODICIL MEMBERS: McFarland Transportation On motion by Mayor Hall, seconded by Councilwoman Services Engineer Hertzog, Ordinance 83-25, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOINIA, MOTION CONCERNING THE OFFICE OF TRANSPORTATION SERVICES Ordinance 83-25 ENGINEER, was given second reading and adopted by Adopted the following roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Assessment The City has been advised by its assessment district District 80-1 consulting attorneys that completion of improvements Harbor Gateway and payment of all claims have been made from the Improvement Fund for Assessment District 80-1, Harbor Gateway, and that there remains a surplus in the fund. It has been recommended that Council make the disposi- tion of the surplus as provided by Section 10427 of the Streets and Highways Code of the State of California. MOTION On motion by Mayor Hall, seconded by Councilwoman Resolution 83-110 Hertzog, Resolution 83-110, being A RESOLUTION OF THE Approved CITY COUNCIL OF THE CITY OF COSTA MESA, CALIF0ENIA, MAKING DECLARATION REGARDING SURPLUS IN IMPROVEMENT FUND, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland MOTION Warrant 1232 Adopted On motion by Councilwoman Hertzog, seconded by Council- waman Schafer, Warrant Resolution 1232, including Payroll 8322, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland CITY MANAGER The City Manager requested authorization to add one REPORTS additional police sergeant to the Police Department. The new sergeant would be assigned to the South Coast Additional Police Plaza detail, reserve coordinator, Orange County Fair Sergeant Requested liaison, special events policing, and the Pacific Amphitheatre. MOTION On motion by Councilwoman Schafer, seconded by Coun- Request Approved cilwoman Hertzog, and carried 4-0, the request was approved. Golf Course The City Manager reviewed his memorandum of November 9, Report 1983, which contains alternatives to be reviewed con- cerning operation of the Costa Mesa Golf and Country Club. The report also details the last financial analysis for the club for fiscal year 1982-83. Staff has contacted adjacent municipal golf courses which have concession leases (which this City presently has) and those with master leases for the entire golf course (where a City leases out the entire golf course). Based on all the facts, it appears that the City of Costa Mesa should retain a contract for the Costa Mesa Golf and Country Club, continue maintenance of both courses, and renegotiate the contract with H. S. Green, Incorporated. Roy June, attorney representing H. S. Green, Incor- porated, was present to answer questions from the Council; however, there were no questions. MOTION City Manager A motion was made by Mayor Hall, seconded by Council - Authorized to woman Schafer, and carried 4-0, authorizing the City Renegotiate Manager to renegotiate the concession contract with Contract H. S. Green, Incorporated. PUBLIC HEARING The Clerk'announced that this was the time and place set for the public hearing for Rezone Petition R-83-08, R-83-08 Brian Wood, authorized agent for Pete Bedford, 11521 Wood/Bedford Anabel Avenue, Garden Grove, to rezone property con- taining a seven -unit apartment complex at 1826 Pomona Avenue from R2 to R3. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director briefly reviewed the Staff Report, stating that because the site is land- locked without any street frontage, staff suggests that the required 20 -foot front setback is not an appropriate requirement for this site. Therefore, side and rear setback requirements are applied to the site, and the project meets those requirements. The Director also reported.that the requested R3 zoning is consistent with the General Plan land use designa- tion of High Density Residential; the site is an appropriate size for development at R3 density; the proposed conversion to eight units satisfies current development standards for R3 zones; and the initial study and the Negative Declaration adequately consider the environmental impact of this project. Councilwoman Hertzog reported that she had visited the property and is pleased with the project; however, she had a difficult time finding the site. She suggested that a more visible street address be provided. Peter Bedford was present and stated that he would attempt to comply with Councilwoman Hertzog's sugges- tion. There being no other speakers, Vice Mayor Johnson closed the public hearing. 179 MOTION On motion by Councilwoman Schafer, seconded by Council - Ordinance 83-26 woman Hertzog, Ordinance 83-26, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE KNING OF A PORTION OF LOT 503, NEWPORT MESA TRACT, FROM R2 TO R3, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland PUBLIC HEARINGS The Clerk announced that this was the time and place set for the public hearings for Michael W. McClellan, McClellan authorized agent for Rollo W. McClellan, Jr., 2424 Windward Lane, Newport Beach, for a 2.4 -acre parcel located northwest of the intersection of Arbor Street and Tnbittier Avenue, in an R1 zone: GP -93-3A General Plan Amendment GP -83-3A, to amend the General Plan designation from Low Density Residential to Medium Density Residential. Environmental Determination: Negative Declaration; and R-83-06 Rezone Petition R-83-06, to rezone the property from R1 to R2. The Affidavit of Publication ' is on file in the Clerk's Office. No communications have been received. Michael Robinson, Senior Planner, reviewed the applica- tion as set forth in the Staff Report and his memorandum of November 15, 1983. The Planning Commission recom- mended adoption of the Negative Declaration; however, it recommended denial of the General Plan Amendment and the Rezone Petition. The Planning staff made the fol- lowing recommendation: adopt Negative Declaration; adopt resolution approving General Plan Amendment GP -83-3A; and give first reading to ordinance changing the zoning from Rl to PDR -MD (Planned Development Residential - Medium Density). The staff had origin- ally recommended approval of R2 zoning; however, after the Planning Commission meeting, staff decided PDR -MD zoning would be more appropriate so that height of the buildings could be monitored. Mr. Robinson answered questions frcin Mayor Hall concern- ing Sundance Drive, which is a dedicated street located within the city limits of Newport Beach. Discussion was held regarding the width of that street and the appli- cant's access to it. Michael McClellan, authorized agent for the project, stated that the Senior Planner had explained staff's latest recommendation for PDR -MD zoning and that he does not oppose that zone designation. Mr. McClellan reviewed the history of subject property since 1941, explaining that after selling most of the property to the City (which is now Canyon Park), the remaining parcel was landlocked because of the adjacent develop- ment, and thereafter, an easement was granted. John Michler, Hunsaker and Associates, 3001 Red Hill Avenue, Costa Mesa, engineer for the project, gave a slide presentation and addressed the issues of traffic, elevations, and landscaping. He reported that the pro,- posed ro-posed design will not block the neighbors' ocean view. Drew Russell, 3087 Madeira Avenue, Costa Mesa, stated that he previously resided at 1010 Arbor Street. Mr. TI Russell expressed his opinion that the proposed project would enhance the area and would not interfere with the ocean view. Bob Lagerquist, 1933 Whittier Avenue, informed the Council that he has lived at this location for 28 years and commented that although he was not opposed to the design of the project, he strongly objected to the proposed density. Martin L. Lee, Attorney for Newport grace Homeowners Association, 1617 Westcliff Drive, Newport Beach, stated that he was involved in prior litigation regard- ing the width of the easement at the end of Sundance Drive. It was Mr. Lee's opinion that the applicant was responsible for his parcel being landlocked. He urged Council to uphold the Planning Commission's -recommenda- tion for denial. The resident of 1857 Parkview Circle, Costa Mesa, and owner of a Newport Terrace condominium, spoke in opposition to the project for the following reasons: insufficient off-site parking in the neighborhood, possible land erosion, and the added traffic causing a hazardous condition to children playing in the street. Mr. Pat Dolan, 923 West 20th Street, Costa Mesa, also spoke in opposition to the proposed development. He mentioned that the applicant was granted R1 zoning several years ago and now is requesting higher density. Mr. Dolan felt that this was not a proper site for R2 zoning and expressed concern that Sundance Drive was not wide enough to handle the additional traffic which would be generated by the project. Mr. Dolan suggested that Vice Mayor Johnson abstain from voting on this issue because the applicant had been active in the Vice Mayor's election campaign. The City Attorney reported that a campaign relationship is not considered a conflict of interest. Alfred Kirsch, 2019 Republic Avenue, Costa Mesa, 20 -year resident, favored Rl zoning, and reminded the Council that in 1973, the Council set certain goals for the west side of the City which called for R1 zoning. Mr. Kirsch also expressed concern that increased traffic and exces- sive use of street parking will be detrimental to the neighborhood. He suggested that the property be used for Canyon Park parking. Vice Mayor Johnson announced that since some of the citizens feel his previous association with the appli- cant pplicant may be a conflict of interest, he will abstain from voting. Kathy Hartmann, 994 Linden Place, Costa Mesa, spoke on behalf of herself and seven other families in her area all opposing the project because of added traffic hazards and possible soil erosion. She suggested that the City purchase the applicant's property. Bob Wolfe, 1098 Sea Bluff Drive, Costa Mesa, spoke in support of the project. Paul Hacker, 1943 Whittier Avenue, Costa Mesa, stated that when he purchased his home, he was assured that the area would remain Rl and that the subject site would be added to Canyon Park. He voiced concern over the addi- tional dditional traffic which would be generated by the 23 -unit condceminium project and questioned the stability of the hillside. Mr. Hacker also favored the City purchasing the land to add to Canyon Park. Roy Pizarek, 1923 Whittier'Avenue, Costa Mess, expressed his desire that the McClellan property be developed as R1 zoning. Frank Selby, 2080 National Avenue, Costa Mesa, favored R1 zoning or purchase of the property by the City to add to Canyon Park or for use as a parking lot for the park. Chanceford Mounce, President of the Newport Terrace Homeowners Association, spoke in opposition to the proposed development because he felt that Sundance Drive is not wide enough to handle the additional traffic. John Dodds, 1944 Whittier.Avenue, Costa Mesa, spoke in opposition to the application because.of possible soil erosion. Mr. Dodds suggested that the City buy the property for recreational purposes. Valery Carey, 933 Evergreen Place, Costa Mesa, also suggested that the McClellan property be purchased by the City for use as a parking lot for Canyon Park, or that the property remain R1 zoning. Tim Green, 950 Dogwood Street, Costa Mesa, spoke in opposition to the development. John Worcester, 2023 Republic Avenue, Costa Mesa, agreed with sane of the previous speakers who suggested that the City purchase the property for a Canyon Park parking lot. Phil Pur inton, 1003 Grove Place, Costa Mesa, spoke in opposition to the proposed rezone. Steve Bagnall, 1929 Whittier Avenue, Costa Mesa, stated that he opposed two-story structures on applicant's property because it will obstruct his view. Paul Pizarek, 1923 Whittier Avenue, Costa Mesa, opposed R2 zoning, stating that streets on the west side already carry too much traffic. Chris Floyd; 1939 Whittier Avenue, Costa Mesa, expressed his desire that R1 zoning be maintained, or that the City purchase the property to add to Canyon Park. John Michler, engineer for the project, spoke again in support of the proposed development. Mike McClellan also spoke again in support of the project. John Dodds spoke again and expressed his opinion that on-site parking for the project is not sufficient and would result in over -use of street parking. Jerry Stremling, 1924 Whittier Avenue, Costa Mesa, spoke in opposition to the project. Pierre Bertolino, 1014 Arbor Street, Costa Mesa, stated that he was not against the applicant developing his property; however, the land should remain R1 zoning. There being no other speakers, the Vice Mayor closed the public hearing. Mayor Hall stated that it appeared that the main concerns are increased traffic and obstruction of the view of the ocean. He mentioned that under R1 zoning, two-story buildings, 30 feet in height, are acceptable and 30 feet is higher than the proposed condominiums. The Mayor also reported that under the low density land use, 9 to 19 units are permitted on the property. As to the suggestion made by several of the speakers that the City purchase the land for use as a parking lot, Mayor Hall expressed his opinion that a parking lot would generate more traffic and noise than either R1 or R2 zoning, and he also questioned the expenditure of approximately $1 million of taxpayers' money to purchase the property for that use. Councilwoman Hertzog also voiced opposition to the purchase of the property by the City for parking pur- poses, and expressed her opinion that traffic will be increased equally for R1 or R2 zoning. MOTION A motion was made by Mayor Hall, seconded by Council - Law Density woman Schafer, to retain the land use designation of Residential Low Density Residential. The motion carried 3-0, RetainrrD Vice Mayor Johnson abstaining. MOTION On motion by Mayor Hall, seconded by Councilwoman R-83-06 Denied Schafer, and carried 3-0, Vice Mayor Johnson abstain- ing, Rezone Petition R-83-06 was denied. Mayor Hall suggested to Mr. Pat Dolan that if the residents are sincere in wanting parkland on the subject property, that Mr. Dolan find out if these citizens are interested in formation of an assessment district. RECESS The Vice Mayor declared a recess at 9:45 p.m. and the meeting reconvened at 9:55 p.m. PUBLIC HEARING The Clerk announced that this was the time and place GP -83-3B set for the public hearing for General Plan Amendment GP -83-3B, Costa Mesa City Council, to amend the Master Plan of Bikeways for Fairview State Hospital, Costa Mesa Golf Club, and Fairview Regional Park sites; the western termini of Sunflower Avenue and South Coast Drive; along Anton Boulevard, Sakioka Drive, Santa Ana Avenue, and Wilson Street; and at the Bear Street/Baker Street intersection. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No commun is at ions have been -received. Mike Robinson, Senior Planner, reported that this amendment includes requests to add existing bike lanes, revise bike lane alignments, and to add and revise bike trail alignments to the Master Plan of Bikeways. There being no speakers, the Vice Mayor closed the public hearing. MOTION on motion by Mayor Hall, seconded by Councilwoman Resolution 83-111 Hertzog, the Negative Declaration of Environmental Adopted Impact was adopted, and Resolution 83-111, being A RESOLUTION OF THE CITY COLNCIL OF THE CITY OF COSTA MESA, CALIFOIN IA, ADOPTING GENERAL PLAN AMENDMENT GP -83-3B, AMENDING THE GENERAL PLAT OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COLUCIL MEMBERS: Hall, Johnson, Hertzog, Schafer None McFarland 1� PUBLIC HEARING The Clerk announced.that this was the time and place GP -83-3C set for the public hearing for General Plan Amendment GP -83-3C, Costa Mesa City Council, to amend the Master Plan of Highways in the following manner: Delete Center Street extension between Newport and Harbor Boulevards; Downgrade Park Avenue; Realign West 18th Street to intersect with Rochester Street; Downgrade the westernmost segment of East 18th Street; Revise the alignment of Newport Boulevard to reflect its present alignment; Realign the westernmost segment of East 18th Street to reflect is present aligrument; and Delete right turn lanes along East 17th Street, East 19th Street, and Placentia Avenue. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No commun icat ions have been received. The Senior Planner reported that the proposed changes involve the Downtown Redevelopment Project Area's circulation' network and will facilitate redevelopment of the blocks in the proximity of the Newport Boule- vard/Harbor Boulevard intersection. The amendment also requests permission to delete selected right turn pockets along 17th Street, 19th Street, and Placentia Avenue. There being no speakers, Vice Mayor Johnson closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Mayor RESOLUTION 83-112 Hall, the Negative Declaration of Environmental Impact Adopted was adopted, and Resolution 83-112, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -83-3C, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland PUBLIC HEARING The Clerk announced that this was the time and place Amending Planned set for the public hearing for a proposed ordinance Development amending Planned Development regulations regarding Regulations perimeter open space, to allow reduced setback and/or reduced landscaping in certain projects located City- wide. Environmental Determination: Negative Declara- tion. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director reviewed staff's memorandum of November 9, 1983, which indicates that the City's current development standards are repre- sentative of suburban rather than urban development. While these standards are appropriate for most of the City, there are areas, such as the Downtown Redevelop- ment Project Area, where more intense development is desirable to promote redevelopment and/or to increase housing opportunities within the City. Sid Soffer, 900 Arbor Street, Costa Mesa, stated his opinion that this is selective enforcement and should not be permitted. There being no other speakers, the Vice Mayor closed the public hearing. MOTION On motion by Mayor Hall, seconded by Councilwoman Ordinance 83-27 Schafer, the Negative Declaration of Environmental First Reading Impact was adopted, and Ordinance 83-27, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA, MESA, CALIFORNIA, AMENDING PLANNED DEVELOPMENT REGU- LATIONS REGARDING PERIMETER OPEN SPACE, TO ALUM REDUCED SETBACK AND/OR REDUCED LANDSCAPING IN CERTAIN PROTECTS LOCATED CITYWIDE, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CONCIL MEMBERS: McFarland PUBLIC HEARING The Clerk announced that this was the time and place Taxicab Liability set for the public hearing for a proposed ordinance Insurance regarding liability insurance requirements for taxicabs. The City Attorney referred to a memorandum from the Assistant City Manager dated October 28, 1983, which states that it has become apparent that the City's requirements for liability insurance for taxicabs is no longer in keeping with the changing insurance industry. While the proposed ordinance will raise the minimum liability coverage to $1 million combined single -limit, it does allow for a $25,000.00 deductible for each accident. Such a change will adequately protect the public and will reduce the cost of liability insurance coverage to the taxicab operator. Sid Soffer expressed his disagreement with the City's authority to regulate insurance requirements. There being no other speakers, the Vice Mayor closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Mayor Ordinance 83-28 Hall, Ordinance 83-28, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERN- ING LIABILITY INSURANCE REQUIREMEiNTS FOR TAXICABS, was given first reading and passed to second reading by the following roll call vote: AYES: COLUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: McFarland PUBLIC HEARING The Clerk presented the public hearing to consider an Appeal of ZE-83-137 appeal of the Planning Commission's denial of Zone Sequin Exception ZE-83-137,-from Jeffrey Sequin, 2633 Buckeye Street, Newport Beach, for a variance from parking standards to legalize three solar water heating tanks in a required carport space, located at 283 Avocado Street in an R4 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No -coatutmnications have been received. The Development Services Director summarized staff's memorandum of November 17, 1983, stating that the Code requires inside, unobstructed garage dimensions (single - car) to measure a minimum of 10 feet by 20 feet. Based on the latest information received from the appellant, �I the garage, with solar tanks, measures 9.4 feet wide by 19.6 feet long. The Director also mentioned that during a site visit, staff noticed that the recreation room appeared to be used as an illegal rental unit. Along with denial of the variance from parking standards, the Planning Commission directed appellant to remove the solar water tanks from the required garage space within 30 days of Council action, and directed appellant to convert the recreation room from a dwelling unit back to its original use within 30 days of Council action. The appellant, Jeffrey Sequin, showed slides of the location of the solar tanks, and expressed disagreement with staff's findings. Mr. Sequin explained why he felt the present location of tanks is more appropriate than staff's recommendation that the tanks be relocated to an area just north of the recreation room, or relo- cated to an existing storage shed across the court yard from the laundry room. Sid Soffer spoke in support of the requested variance. There being no other speakers, the vice Mayor closed the public hearing. Mayor Hall commented that he favored approval of the request because the apartment owner has control over compact spaces and can allocate such spaces. He also expressed concern because the cost of moving the tanks would be passed on to the tenants. MOTION A motion was made by Mayor Hall, seconded by Council- ZE-83-137 woman Hertzog, to approve Zone Exception ZE-83-137 based Approved on the findings that the solar water tank encroachment into the garage location, once moved upon the footing, is minimal and does not encroach a significant amount into the garage; that the solar water tank installation in the garage will not impact the current parking on the site; that moving the tanks to an alternate location would be an inordinate cost to the residents of the complex; and subject to all conditions contained in the Staff Report, with the additional condition that the solar tanks shall be raised arra moved to the height of the present footing and moved against the wall, thereby reducing the impact to the garage. After brief discussion, Mayor Hall amended his motion by adding another condition, "that the garage containing the solar tanks is to be allocated to a resident with a compact car". The mended motion was seconded by Councilwanan Hertzog, and carried 3-1, Councilwaman Schafer voting no. NEW BUSINESS The Clerk presented Encroachment Permit EP -83-09, EP -83-09 Ronald, Mia, Kent, and Laural Paul, 2677A and 2677B Paul Santa Ana Avenue, to allow encroachment of a five-foot high fence into the public right of way, located 'at the above address in an R2 zone. Environmental Determina- tion: Exempt. MOTICN On motion by Mayor Hall, seconded by Councilwoman Permit Schafer, and carried 4-0, Encroachment Permit EP -83-09 Approved was approved subject to conditions recommended by the Planning Commission. Assessment District The Clerk presented Assessment District No. 82-2, South No. 82-2/ South coast Metro Center. On motion by Councilwoman Schafer, Coast Metro Center seconded by Mayor Hall, and carried 4-0, Assessment MOTICN District No. 82-2 was continued to the meeting of Held Over December 19, 1983, as recommended by staff. 71 J ZE-83-155 The Clerk presented Zone Exception ZE-83-155, Gin Wong Wong/Sakioka Associates, 4051 Wilshire Boulevard, Los Angeles, authorized agent for Sakioka Farms, Incorporated, 14850 East Sunflower Avenue, Santa Ana, for a Final Develop- ment Plan for a 13 -story, 355 -room hotel, with a restaurant containing 11,400 square feet, and a 5 -1/2 - story parking structure, located at 3350 Avenue of the Arts in a PDR -UC zone. Environmental Determination: Environmental Impact Report accepted for General Plan Amendment GP -83-1A. The Development Services Director reviewed staff's memorandum of November 17, 1983, and the Staff Report. He pointed out that the Planning Commission approved the project subject to conditions, with Condition Nos. 1, 4, and 16 amended as shown on the first page of the Staff Report. The Commission also added the following conditions: Condition No. 25, "Fulfill drainage ordinance fee requirement prior to issuance of building permits"; Condition No. 26, "Submit grading plan and hydrology calculations". Staff has recommended the addition of Condition Nos. 27 and 28 which read as follows: Condition No. 27, "'Dennis court lighting shall be shielded and directed away from adjacent residential units to the satisfaction of the Planning Division"; Condition No. 28, "Tennis court hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.". Bruce Bailey, of Gin Wong Associates, gave a brief slide presentation of the project, and agreed to all condi- tions as amended. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, expressed his approval of the project and suggested that a rapid transit system be adopted in conjunction with these projects. Sid Soffer, 900 Arbor Street, Costa Mesa, also stated he approved of the project and asked questions regard- ing parking requirements. MOTION After brief discussion concerning the tennis court ZE-83-155 lighting, a motion -was made by Councilwoman Schafer, Approved seconded by Councilwoman Hertzog, and carried 4-0, approving Zone Exception ZE-83-155, subject to all conditions, with Condition Nos. 1, 4, and 16 modified as shown in the Staff Report, and adding Condition Nos. 25, 26, 27, and 28, as shown above. Royale/Sakioka The Clerk presented the following applications for Royale Associates, in care of Baywood Development Group, 120 Newport Center Drive, Suite 250, Newport Beach, authorized agent for Sakioka Farms, Incorporated, for property located at the southeast corner of Sunflower Avenue and Avenue of the Arts in a PDR -UC zone. Environmental Determination: Environmental Impact Report accepted for General Plan Amendment GP -83-1A: ZE-83-156 Zone Exception ZE-83-156, for aDevelopment Plan for multi -phased residential development, with variances from parking, turnaround, garage door width, and balcony projection requirements; and a Conditional Use Permit to allow proposed ramp slope to exceed permitted maximum; and 71 J 1 Tentative Map Tentative map for Tract 12057, for a 15 -lot subdivi for Tract 12057 sion, and improvement plans for 3.3 acres of public open space. The Development Services Director reviewed staff's memorandum of November 17, 1983, which describes Phase I of the proposed project. This portion of the develop- ment is for 173 condaminium units consisting of three- story buildings containing stacked condominium flats over a two-level parking garage, and two-story town- houses with tuckunder parking. The Planning Commission has recommended approval of the Preliminary and Final Development Plans, the Conditional Use Permit, and all variances except the variance from garage door width requirements, subject to conditions as modified and shown in the Staff Report. Variance fran garage door width, 16 feet instead of the required 18 feet, was recommended for denial. The Commission also reccnnmended approval of Tentative Map for Tract 12057 subject to conditions. The Director also pointed out that staff has recommended that Conditions No. 5 and No. 6 be reworded as follows: Condition No. 5, "Balconies and floor extensions shall project a maximum of six feet into perimeter setback areas and public open space areas. Bay windows, con- structed in conjunction with -the proposed townhouse units, shall project a maximum'of two feet into peri- meter erimeter setback areas". Condition No. 6, "A minimum distance ---of eight feet shall be maintained between the ground and the overhead balcony, floor extension, and bay window projections". Bill Watt, of Baywood Development Group, was present to answer questions from the Council and agreed to all conditions as modified. MOTION On motion by Mayor Hall, seconded by Councilwoman ZE-83-156 Hertzog, and carried 4-0,�Zone Exception ZE-83-156 was Approved/Garage approved based on the findings and analysis contained Door Variance in the Staff Report and subject to all conditions as Denied modified; and the variance frau garage door width was denied. MOTION - Tentative A motion was made by Mayor Hall, seconded by Council - Map for Tract 12057 woman Hertzog, to approve Tentative Map for Tract 12057 Approved subject to all conditions contained in the Staff Report. ORAL Mr. Pat Dolan, 923 West 20th Street, Costa Mesa, COMMUNICATIONS suggested that the City take the lead in promoting construction of the marina on the west side or the Marina marina will be lost. Mr. Dolan also recommended that citizens send communications to the legislature in support of the marina. COUNCILMAN IC COMMENTS Mayor Hall reported that he has requested Council review of Zone Exception ZE-83-121 for a Conditional Use Permit Council Review to allow off-site parking by amphitheatre patrons at of ZE-83-121 2490 Fairview Poad, which was approved by the Planning Commission. This matter is scheduled for the meeting of December 5, 1983. Payment to Chamber Mayor Hall asked for approval for payment to the Costa of Commerce for Mesa Chamber of Ccmmerce, in the amount of $992.00, for City's Anniversary reimbursement of money spent for the City's 30th anni- Celebration versary celebration. Mayor Hall stated that the City indicated to the Chamber that it would assist with the funding if the Chamber met with a shortage of money. j87 Councilwoman Hertzog expressed her opinion that the Council should have been made aware of this matter previously. Mayor Hall responded that it was negligence on his part that the matter was not mentioned sooner. He reported that he had received a letter from the Chamber of Com- merce several months ago and failed to bring it to the attention of the Council. MOTICN A motion was made by Mayor Hall, seconded by Vice Mayor Payment Johnson, to approve payment of $992.00 to the Chamber Authorized of Commerce in connection with the City's 30th anni- versary nniversary celebration. The motion carried 3-1, Council- woman Hertzog voting no. ADJOURNMENT The Vice Mayor declared the meeting adjourn VJ at 11:55 p.m.. �• ;/ f Mayor of the Gity of Costa Mesa ATTEST: C y Clerk.of the City of Costa M a