Loading...
HomeMy WebLinkAbout01/03/1984 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA January 3, 1984 The City Council of the City of Costa Mesa, California, met in regular session on January 3, 1984, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Carl Omaye, Orange Coast Free Methodist Church. 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 Council - December 19, 1983 woman Hertzog, and carried 5-0, the minutes of the regular meeting of December 19, 1983, were approved as distributed and posted. ORDINANCES A motion was made by Councilman McFarland, seconded by Vice Mayor Johnson, and carried 5-0, to read all ordi- nances by title only. RESOLUTION Barbara Fox, member of the Board of Directors of the Orange County Chapter, American Red Cross, read a Resolution of Resolution of Appreciation to the City of Costa Mesa Appreciation for its support of the Red Cross commitment to protect from American life and health and respond in times of need to its Red Cross neighbors in Orange County. Mayor Hall accepted the resolution on behalf of the City. CONSENT CALENDAR The following item was removed from the Consent Calen- dar: Item 10, Revenue bonds for the Costa Mesa Family Village. WRITTEN COMMUNICATIONS Records Destruction for Building/Safety MOTION Resolution 84-1 Adopted Records Destruction for Public Services On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, Resolution 84-1, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOINIA, AUTHORIZING RECORDS DESTRUCTION FOR THE BUILDING/SAFETY DIVISION OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- NANCE NO. 75-60, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilwoman Schafer, seconded _by Vice Mayor Johnson, Resolution 84-2, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 13 MOTION, AUTHORIZING RECORDS DESTRUCTION FOR THE PUBLIC SERVICES Resolution 84-2 DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- Adopted MANCE NO. 75-60, was adopted by the following roll call vote: 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 Vice Mayor Johnson, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims have been received by the City Clerk from the following: Camilla A. Penneman; Pacific Telephone Company; Bob Walker; and County of Orange. Alcoholic Alcoholic Beverage License application for which Beverage parking has been approved by the Planning Divi - License sion: Nancy Ellen Williams, doing business at 369 East 17th Street, Suite 30; House of Corned Beef, Incorporated, doing business at 3333 Bristol Street, Suite 101; and Darama, Incor- porated, doing business at 3333 Bristol Street, Suite 101. Local Agency Resolution from the Local Agency Formation Com - Formation mission approving Engineer's No. 211 Annexation Commission (Town Center) to the Costa Mesa Sanitary District. Resolution from the Local Agency Formation Com- mission approving Engineer's No. 213 Annexation to the Costa Mesa Sanitary 'District, located in the general area of Paularino Avenue and Platte Drive. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Children's Purpose has been received from Children's Hospital Hospital Foundation of Orange County, doing business as CHOC Thrift Stores, 2025 West First Street, Santa Ana, by MOTION collecting reuseable items to be -resold during calendar Permit Approved year 1984. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the permit was approved for calendar year 1984. Alano Club A request has been received from the Alano Club of Costa Mesa, 2040 Placentia Avenue, to hold a weekly dance with MOTION live entertainment or records. On motion by Council - Permit Approved woman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the permit was approved for six months, expiring July 3, 1984, and subject to conditions recom- mended by staff. SET FOR PUBLIC DARING On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the following items were set for public hearing on January 16, 1984, at 6:30 p.m., in the Council Chambers of City Hall: Parking Ordinance amending Title 13 of the Costa Mesa Requirements Municipal Code regarding parking requirements for for Motels motels. Environmental Determination: Exempt. Ramp Slopes in Ordinance amending Title 13 of the Costa Mesa Parking Garages Municipal Code concerning ramp slopes in parking garages. Environmental Determination: Exempt. REJECTED CLAIMS On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Kay Pasha Pasha was rejected. 1984-85 AHFP Funds The Director of Public Services has requested that for 19th Street On motion by Councilwoman Schafer, seconded by Vice Coughlin Mayor Johnson, and carried 5-0, the claim of David R. Coughlin was rejected. On motion•by.Councilwoman Schafer, seconded by Vice Branston Mayor Johnson, and carried 5-0, the claim of Jon MOTION Branston was rejected. Resolution 84-3 On motion by Councilwoman Schafer, seconded by Vice Willenbacher Mayor Johnson, and carried 5-0, the claim of John C. Willenbacher was rejected. On motion by Councilwoman Schafer, seconded by Vice Brickner Mayor Johnson, and carried 5-0, the claim of Edward H. Brickner was rejected. On motion by Councilwoman Schafer, seconded by Vice Fox Mayor Johnson, and carried 5-0, the claim of Lawrence W. Fox was rejected. On motion by Councilwoman Schafer, seconded by Vice Gordon Mayor Johnson, and carried 5-0, the claim of Deborah H. Committee Gordon was rejected. On motion by Councilwoman Schafer, seconded by Vice Rigg Mayor Johnson, and carried 5-0, the claim of Vance M. Rigg was rejected. ADMINISTRATIVE the appointment of an ad hoc committee on an annual ACTIONS The Housing and Community Development staff, in a memorandum dated December 28, 1983, requested Council to authorize the -City Manager or his designee to execute Housing on behalf of the City, a Deed of Reconveyance on all Rehabilitation fully paid deferred payment loans in connection with -- Program the City's Housing Rehabilitation Program. The low interest loans are handled by Crocker Bank and secured by deeds of trust with Crocker Bank as the trustee. The no interest (deferred payment) loans are processed MOTION by Crocker Bank; however,, the City is the beneficiary. Authorization On motion by Councilwoman Schafer, seconded by Vice Given to Execute Mayor Johnson, the request was approved by the follow - Deeds of ing roll call vote: Reconveyance AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1984-85 AHFP Funds The Director of Public Services has requested that for 19th Street Council adopt a resolution requesting County Arterial Improvement Highway Financing Program (AHFP) funds, in the amount of $521,000.00, for the improvement of 19th Street from Park Avenue to Fullerton Avenue. The City has already budgeted $11-460,000.00 in the 1983-84 Capital MOTION Improvements Budget for this project. On motion by Resolution 84-3 Councilwoman Schafer, seconded by Vice Mayor Johnson, Adopted Resolution 84-3, being A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF COSTA MESA, CALIFOINIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF 19TH STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT:, COUNCIL MEMBERS: None HCD Ad Hoc The Executive Director of the Costa Mesa Redevelopment Committee Agency has requested that applicants serve on an ad hoc committee to review the City's 1984-85 Community Devel- opment Block Grant. Since Council dissolved the Housing and Community Development Committee (HCDC) in favor of the appointment of an ad hoc committee on an annual basis to review the block grant, the Director has 215 recommended that letters go -out to past members of HCDC to invite their participation, and to invite other interested citizens to.apply. In her memorandum dated January 3, 1984, the Executive Director outlined the MOTION schedule for appointment of committee members. On Schedule for- motion by-Councilwonan Schafer, seconded by Vice Mayor Appointments Johnson, and carried 5-0, authorization was given to Approved proceed with the schedule for appointment of members to the ad hoc committee. Extension of Lease Staff has requested approval of a five-year extension Agreement with Air of the lease agreement between the City and the Air Quality Management Quality Management District-(AQMD). The AQMD is District leasing space for its monitoring trailer at the Costa Mesa Golf and Country Club maintenance yard. The pro - MOTION posed agreement gives the City the right to terminate Extension of the contract upon giving a 60 -day prior notice. On Lease Approved motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, extension of the lease agreement was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Retirement The Director of Personnel has requested that David Committee Brooks and Michael Treanor be appointed to the Retire- ment Committee effective January 1, 1984, through December 31, 1985. Since these were the only two employees submitting their names to service on the MOTION Committee, it is not necessary to ballot any of the Appointments employees. On motion by Councilwoman Schafer, seconded Approved by Vice Mayor Johnson, and carried 5-0, the appoint- ments were approved as requested. Contract with Ron The Assistant City Manager has requested approval of Dyas/Cable System the following items in connection with the Bid Item Bid Item 528 No. 528 contract with Ronald D. Dyas, Cable Communi- cations ommunications Consultant, 7664 Woodsboro Avenue, Anaheim, concerning the cable communications franchise selec- tion: Change Order No. 2, in the amount of $7,300.00; and Budget Adjustment No. 84-40, in the amount of MOTION $16,000.00, to provide conpensation to the consultant Change Order 2 and for Item D of the existing contract. The funds have Budget Adjustment been provided by nonrefundable deposits from the two 84-40 Approved bidders for the franchise. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, Change Order No. 2 and Budget Adjustment No. 84-40 were 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 Councilwonan Schafer, seconded by Vice No. 84-44/Lions Mayor Johnson, Budget Adjustment No. 84-44, in the Park Improvements amount of $30,000.00, for shelter and restroom improve- ments at Lions Park, was approved by the following roll MOTION call vote: Budget Adjustment AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Approved McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Two New Part -Time The City Manager has recommended establishment of the Job Classifications following two new part-time job classifications outside of the Basic Pay Schedule at the hourly rates indicated in his memorandum of December 23, 1983: Traffic and MOTION Parking Control Assistant; -and Police Recruit. On Resolution 84-4 motion by Councilwoman Schafer, seconded by Vice Mayor Adopted Johnson, Resolution 84-4, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CREATING TWO NEW JOB CLASSIFICATIONS AND ESTABLISHING THE RATES OF PAY FOR THE POSITIONS TO BE PLACED OUTSIDE THE BASIC SALARY RESOLUTION; was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Lease of'Dictating The Purchasing Agent has requested authorization to Equipment for lease upgraded dictating equipment for the Police Police Department Department from sole source vendor, Dictaphone Corpor&- tion, 1940 East 17th Street, Santa Ana, for a period of MOTION 36 months, at a cost of $597.47 per month, plus.sales Lease Approved tax. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, the lease was approved by the following roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, -McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None Contract Extension The Purchasing Agent -has requested authorization to for Bid Item 497 extend Purchase Agreement No. 99-377 with Harris and Police and Fire Frank, Incorporated,_5570 Wilshire Boulevard, Los Uniforms Angeles, for uniforms for the Police and Fire Depart- ments. epartments. The,prices will remain the same as in the 1983 MOTION contract and the term of the agreement will extend from Extension of January'3 through December 31, 1984. All other terms Contract with and conditions of Bid Item No. 497 will apply. On Harris and Frank motion by Councilwoman Schafer, seconded by Vice Mayor Approved Johnson, extension of the purchase agreement was, approved by, the following roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None Adoption of In a memorandum dated December 29, 1983, the Planning Amended CECA staff has recommended adoption of amended guidelines for Guidelines implementation of the California Environmental Quality Act (CEQA). The State legislature recently amended the CEQA guidelines and, in turn, the City must revise its MOTION procedures in order to implement these changes. On Resolution 84-5 motion.by Councilwoman Schafer, seconded by Vice Mayor Adopted Johnson, Resolution 84-5, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE AMENDED STATE GUIDELINES TO IMPLEMENT THE CALIFORNIA ENVIRONMENTAL'QUALITY ACT, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Costa Mesa Family Item 10 on the.Consent Calendar was presented: revenue Village Revenue bonds for the Costa Mesa Family Village. Bond Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, asked questions regarding the public hearing held by the Redevelopment Agency and approval by the City Council. Mayor Hall explained the procedures which were necessary for approval of this project. In a memorandum dated January 3, 1984, the Executive Director of the Redevelopment Agency requested Council to adopt a resolution approving the Agency's Resolution of Issuance providing for the sale of a $3.5 million mortgage revenue bond to finance construction of the Costa Mesa Family Village, a 72 -unit apartment project in the Wallace Neighborhood Strategy Area. The bonds do not require a pledge of faith and credit from the Agency or the City, nor the expenditure of any Agency MOTION or City funds. On motion by Councilman McFarland, sec - Resolution 84-6 onded by Councilwoman Schafer, Resolution 84-6, being Adopted- A RESOLUTION'OF THE CITY COUNCIL.OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE ISSUANCE OF BONDS BY THE COSTA MESA REDEVELOPMENT AGENCY, was adopted by the fol- lowing roll call vote: _ AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None OLD BUSINESS .On motion by Councilwoman Schafer, seconded by Vice R-83-09 Mayor Johnson, Ordinance 83-32, being AN ORDINANCE OF THE CITY CODICIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION CHANGING THE ZONING OF IAT 1, TRACT 10871, FROM R2 TO Ordinance 83-32 R3, in connection with Rezone Petiton R-83-09, Costa Adopted Mesa City Council, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None R-83-10 On motion by Councilwoman Hertzog, seconded by Council- Hester/Feldman woman Schafer, Ordinance 83-33, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION CHANGING THE ZONING OF LOT 56, TRACT 57, FROM R2 TO R3, Ordinance 83-33 in connection with Rezone Petiton R-83-10, Jack Hester/ Adopted Noe Feldman, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None EP -83-11 The Clerk presented from the meeting of December 19, Nordquist 1983, Encroachment Permit EP -83-11, Conrad Nordquist, authorized agent for the Bishop of the Protestant Episcopal Church, Post Office Box 2164, Los Angeles, to allow an existing wall to encroach into the public right-of-way at 183 East Bay Street in a PDR -HD zone. Environmental Determination: Exempt. The Development Services Director stated that the decision to be made is whether or not the sidewalk should be installed, and referred to staff's memorandum dated December 29, 1983, which contains certain options for consideration. An option which was not presented at the last meeting is that if the sidewalk construc- tion is not desired, staff suggests abandoning the right-of-way rather than approving the encroachment permit. Once the right-of-way is abandoned and deeded back to the property owner, the wall may be retained and will no longer encroach into the right-of-way, and an encroachment permit will not be necessary. In response to Councilman McFarland's question, the Director explained that the sidewalk ends at the block wall; therefore, 130 feet -of Laurie Lane would be with- out a sidewalk if the encroachment permit is approved. He also suggested that the City could require a dedica- tion when the remaining church property is developed. Reverend Conrad Nordquist spoke in support of his request for the encroachment and pointed out that relocation of the wall and sidewalk construction would create a substantial expense. Reverend Nordquist MR responded -to questions .from the Council regarding the present and future use of the property. Bob Yoder, 155 Buoy Street, Costa Mesa, gave a slide presentation of the church property and expressed his opinion that the existing wall blocks the view of motorists attempting to enter the intersection at Bay Street and Laurie Lane. Mr. Yoder commented that the City has not given the same consideration to the residents as it has to the church in connection with the proposed development. He also mentioned that the sidewalk should be completed to Bay Street for the safety of the future senior tenants of the project. Mr. Yoder concluded his presentation by stating that completion of the sidewalk and relocation of the wall will be more attractive, contribute to the safety of pedestrians, and improve visibility for motorists. Sid Soffer, 900 Arbor Street, Costa Mesa, asked about the conditions set forth when the wall was constructed and suggested the possibility of the City paying for relocation of the wall and sidewalk construction. Charles Hamilton, 398 Wilson Street, Costa Mesa, reported that he had made a sincere effort to talk to the residents and that he had hoped that those resi- dents supporting the encroachment permit would attend the meeting this evening; however, those in'support were not present. William Kaban, 2029 Laurie Lane, Costa Mesa, commented that at the time the senior citizen project was approved it was a condition.that the sidewalk be constructed. He suggested that-it'would have been better to allow the entire wall to remain as it was prior to approval of the new development. Keith Golay, 2037 Laurie Lane, Costa Mesa, reported that he had spoken.to people from the church and was told that if the encroachment permit is denied that a 30 -inch wall and a chain link fence would be installed. Mr.- Golay expressed his preference for construction of the sidewalk and a wall sufficient in height to protect the privacy of the surrounding residents. He stated that it appears that only the views of the church are being considered and,urged Council to consider the wishes of the residents. Mr. Golay also pointed out that approval of the project was based on ' certain conditions and that the applicant should meet those conditions. He also mentioned that the safety of the senior citizens must be considered. Mayor Hall reported that a communication has been received from Marilyn Ashwell-Steinhauser, 196 East Bay Street, Costa'Mesa, in opposition to the encroach- ment permit. During discussion, the Mayor again mentioned that if the encroachment permit is denied, the sidewalk must be constructed; however, Council could not require that a new wall be constructed. Councilwoman Hertzog stated that since a nursery school is to.be located in this area, a wall is required, and the applicant could apply for a variance to construct the wall along the sidewalk. Council Members McFarland and Johnson indicated that they are in favor of such a variance. MOTION A motion was made by Councilwoman Hertzog, seconded by EP -83-11 Councilwoman Schafer, to deny Encroachment Permit Denied EP -83-11. Councilwoman Schafer.mentioned that she had voted for approvalat the last meeting; however, 1 since reviewing new information, she believes the side- walk should be constructed. The Mayor called for the vote,.and the motion to deny the permit carried 3-2, Council Members Hall and McFarland voting no. MOTION A motion was made by Councilman McFarland, seconded by Waive Fees for Vice Mayor Johnson, and carried 5-0, to waive the fees Variance if the applicant applies for a variance to construct the wall along the sidewalk. RECESS The Mayor declared a recess at 8:00 p.m., and the meet- ing reconvened at 8:05 p.m. VARRANTS On motion by Councilwoman Hertzog, seconded by Council - MOTION man McFarland, Warrant Resolution 1236, including Warrant.1236 Payroll 8325, was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilman McFarland, seconded by Council - MOTION woman Hertzog, Warrant Resolution 1237 was approved by Warrant 1237 the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS:' None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that -this was the time and place Regulating set for the public hearing to consider a proposed ord i Garage Sales nance regulating garage sales in residential zones. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Ccamnission recommended adoption of the ordi- nance. rdinance. The Development Services Director summarized his memorandum dated December 28, 1983, pointing out the legitimacy of adopting ordinances that give Code Enforcement Officers better tools to handle complaint situations and simplify investigation. The proposed ordinance restricts the number of garage sales per residential parcel to two per year. Sid Soffer asked if permits will be required to hold garage sales, and.the Mayor responded that permits will not be required. The Mayor also explained to Mr. Soffer that one garage sale covers a three-day period. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, spoke in support of the proposed ordinance and expressed his opposition to the signs being posted by those citizens holding garage sales. He reported that the advertising signs are not removed by the sellers after the garage sale and remain indefinitely. Ron Dick, 403 Flower Street, Costa Mesa, also spoke in opposition to the posting of signs which advertise garage sales. Mayor Hall explained that posting signs is prohibited by the Municipal Code. He also mentioned that the proper method of advertising garage sales is to place an ad in the local newspapers. There being no other speakers, the Mayor closed the Public hearing. U., MOTION On motion by Councilwoman Schafer, seconded by Council - Ordinance 84-1 woman-Hertzog, Ordinance 84-1, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading REGULATING GARAGE SALES IN RESIDENTIAL ZONES, was given first reading and passed to second reading by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Resolution of set for the public hearing to consider a Resolution Necessity to of Necessity to condemn the Stephens property, located Condemn Stephens at 2603 through 2607 Elden Avenue and at 140 Del Mar Property Avenue, designated Parcels 13, 14, -and 15, for the Del Mar Avenue Project. Notice of the public hearing was mailed to the property owner as required by law. No communications have been received. The Director of Public Services referred to his letter to the Council dated December 30, 1983, explaining that the proposed project is required due to the impending freeway construction of Route 55 from its present limits through the City of Costa Mesa to the City of Newport Beach. The project is also necessary to relieve the current traffic congestion that exists at the intersection of Newport Boulevard and Del Mar Avenue. Chris R. Stephens, 408 Bucknell Road, Costa Mesa, owner of the property, reported that the Final Tract Map for this property had been approved by the City Council recently and that he has obtained building permits for a seven -unit condominium project. He also mentioned that since approval of the Final Tract Map, the correct address of the property is 2603 Elden Avenue. Mr. Stephens stated that he and his canpany have spent considerable time on this project and a 23 -foot dedica- tion had been made to the City. He requested that the matter be settled as soon as possible so that he could go on to another project. Sid Soffer spoke in opposition to the City's dedication requirements. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Councilman McFarland, seconded by Resolution 84-7 Vice Mayor Johnson, to adopt Resolution 84-7, being A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY, DESIGNATED THE STEPHENS PROPERTY, FOR PUBLIC USE AND AUTHORIZING AND DIRECTING CONDEMNATION, based on the following findings: (1) The public interest and necessity require the project in that the project is in accordance with the Master Plan of Streets and Highways as adopted by the City of Costa Mesa City Council and most recently revised, arra that the City has imple- mented the project in order to create an uncon- gested and fluid flow of traffic throughout the area. (2) The City staff has reviewed several alternate plans for widening of Del Mar Avenue and by virtue of adopting the subject alignment the project is designed in a manner that requires the least amount of property and at the same time, affects the least amount of property owners, thereby making this alignment the alternative that will be most compatible with the greatest good and the least private injury. (3) And, as a consequence to and in conjunction with the aforementioned facts, the property is neces- sary for the proposed project and the acquisition is for the property required for the fabrication of the Del Mar Avenue Project, together with any uneconomic remnant pursuant to the Code of Civil Procedure Section 1240.410 and Section 1240.420. The motion to adopt Resolution 84-7 carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Resolution of set for the public hearing to consider a Resolution of Necessity to Necessity to condemn the Smolich property, located at Condemn Smolich 126-128 Del Mar Avenue, designated Parcel 11, for the Property Del Mar Avenue Project. Notice of the public hearing was mailed to the property owner as required by law. A communication has been received from Attorney Daniel A. Vereker, representing Mr. and Mrs. Basil Smolich, stating that it has not been determined at this time whether or not the property.owner wishes to be heard and, on that basis, he is filing the written request to be heard. The Director of Public Services reported that this property is needed for the Del Mar Avenue widening based on the reason contained in his letter to the City Council dated December 30, 1983, and which he explained during the previous condemnation public hearing. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Councilwoman Schafer, seconded by Resolution 84-8 Councilwoman Hertzog, to adopt Resolution 84-8, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY, DESIGNATED THE SMOLICH PROP- ERTY, FOR PUBLIC USE AND AUTHORIZING AND DIRECTING CONDEMNATION, based on the following findings: (1) The public interest and necessity require the project in that the project is in accordance with the Master Plan of Streets and Highways as adopted by the City of Costa Mesa City Council and most recently revised, and that the City has imple- mented the project.in order to create an uncon- gested arra fluid flow of traffic throughout the area. (2) The City staff has reviewed several alternate plans for widening of Del Mar Avenue and by virtue of adopting the subject alignment the project is designed in a manner that requires the least amount of property and at the same time, affects the least amount of property owners, thereby making this alignment the alternative that will be most compatible with the greatest good and the least private injury. (3) And, as a consequence to, and in conjunction with the aforementioned facts, the property is neces- sary for the proposed project and the acquisition is for the property required for the fabrication of the Del Mar Avenue Project, together with any uneconomic remnant pursuant to the Code of Civil Procedure Section 1240.410 and Section 1240.420. The motion to adopt Resolution 84-8 carried by the following roll call vote: AYES: COLUCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented Zone Exception ZE-83-171, Ron ZE-83-171 Hoffman and Mike Thanpson, authorized agents for Hoffman/Thompson Marjorie Bruck, Gloria E. Bradeson, and Roy Ikeda, 2624 Newport Boulevard, Costa Mesa; for a Conditional Use Permit for a mini -warehouse project with variances from rear and side setbacks, interior landscaping, building height, driveway width, vehicle maneuvering area, and parking requirements for property located at 2546-50 Newport Boulevard in a C1 -CP zone. Environmental Determination: Negative Declaration. The Development Services Director gave a slide presenta- tion of the property and reviewed staff's memorandum of December 28, 1983, and the Staff Report. Because policy issues are involved, the Planning Commission forwarded the matter to the Council with recommendations for action. The first policy issue concerns the amount of storage space in the City; the second policy issue is that of location. The Planning Commission and Planning staff recommended the following: 1. Approve the Conditional Use Permit for mini - warehouses and variances from rear setback, height restriction, vehicle maneuvering area and parking requirements subject to conditions listed in the Staff Report with the following modifications: a. Amend Condition No. 2 to read, "Placement of overhead doors in Building A to be under the direction of the Development Services Depart- ment. epartment. Units to be provided with sign caution- ing drivers about reduced maneuvering space when vehicles are parked along the north side of Building B". b. Add Condition 37, "Setback on second story of Building A shall be the same as the setback of Building B". 2. Direct staff to amend the. mini warehouse ordinance to allow denial of Conditional Use Permits when there is more than 4.0 square feet of mini- warehouse iniwarehouse space per capita. 3. In June, 1983, the Planning Commission recommended that the ordinance be amended to remove the 12 -foot height limitation. 4. Planning staff recommended that the parking require- ments for mini -warehouses be re-evaluated. 5. The Planning Commission also recommended that the Council investigate the possibility of imposing a tax on mini -warehouses. This was suggested as a means of compensating for lack of sales tax reve- nues which would accrue if the property were commercially developed. The authorized agent, Ron Hoffman, was present and agreed to all conditions. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, expressed his opposition to the City's policies stating his opinion that by putting a limit on certain busi- nesses, usinesses, the City is interfering with free enterprise. Sid Soffer stated that he did not understand the Staff Report. MOTION On motion by Councilman McFarland, seconded by Council- ZE-83-171 waman Schafer, and carried 5-0, the Negative Declaration Approved of Environmental Impact was adopted; and Zone Exception ZE-83-171 was approved based on the findings and analy- sis contained in the Staff Report, and subject to conditions listed in the Staff Report and as amended in the memorandum of December 28, 1983. Mayor Hall announced that the next issue to be discussed is to direct staff to amend the ordinance to allow denial of Conditional Use Permits when there is more than 4.0 square feet of mini -warehouse space per capita. Councilwoman Hertzog stated that she favored the recom- mended change to the ordinance. Mayor Hall stated he felt that 5.0 square feet of space per capita was more appropriate. Councilman McFarland suggested that the limit be at 4.5 square feet of space per capita. MOTION A motion was made by Councilman McFarland to direct Authorized Ordinance staff to prepare an amendment to the ordinance to allow Amendment Regarding denial of Conditional Use Permits when there is more Square Footage Per than 4.5 square feet of mini -warehouse space per capita. Capita The motion was seconded by Councilwoman Schafer, and carried 5-0. MOTION On motion by Councilwoman Schafer, seconded by Council - Authorized Ordinance man McFarland, and carried 5-0, staff was directed to Amendment Regarding prepare an amendment to the ordinance to remove the Height Limitation 12 -foot height limitation. MOTION On motion by Councilwoman Schafer, seconded by Council - Re -evaluate Parking woman Hertzog, and carried 5-0, staff was direct to Requirements re-evaluate parking requirements for mini -warehouses. The City Manager requested that the matter of imposing a tax on mini -warehouses be delayed until staff can obtain more information. Specific Plan The Clerk presented a recommendation from the Planning for East 17th Carnmission regarding the preparation of a Specific Plan Street for East 17th Street. A communication has been received from Attorney Charles E. Hayward, Law Offices -of Hunt and Fenstermaker, 620 Newport Center Drive, Suite 211, Newport Beach, repre- senting the Mesa Heights Homeowners Association. The letter conveys the Association's concerns regarding recent development of 17th Street between Irvine Avenue and Tustin Avenue, and offers suggestions for future development. The Development Services Director referred to his memorandum dated December 13, 1983, and reported that the Planning Commission recanmended that a Specific Plan be prepared for East.17th Street. Concerns of the Commission and citizens relate specifically to construc- tion of'restaurants, fast-food outlets, and drive- through facilities. Staff has recommended that if the Council is interested in preparation of a Specific Plan for East 17th Street, it is requested that work on the Council Goal Program, Non -conforming Use Ordinance, be held in abeyance until the Specific Plan is completed. The memorandum also contains five alternatives for Council consideration. Roger Summers, 1663 Aliso Avenue, Costa Mesa, member of the Mesa Heights Homeowners Association, related sane of the concerns of the residents, such as: approval -of a six -story building on East 17th Street; approval of a 24-hour fast-food outlet next to a residential area; and the bus parked behind the Smith and Tuthill Mortuary which is being use_ d -as 1 iv ing quarters. Mr. Summers reported although the person using the bus was cited by the police, he is still living there. He asked that Council authorize preparation of a Specific Plan, and that further development be discontinued until a study is completed. At the request of Councilwoman Schafer, the Development Services Director reported that the occupant of the bus parked behind the mortuary was cited by the police; however, the City has not been able to obtain further information from Harbor Municipal Court because the court personnel could not locate the paperwork. He further reported that staff is pursuing the matter and the police department is trying to locate the occupant of the bus. Bob McLaughlin, 470 Cambridge Circle, Costa Mesa, asked about the City's proposed abandonment of right-of-way located south of East 17th`Street, between Tustin and Irvine Avenues. The Development Services Director . responded that the public hearing is scheduled for the Council meeting of January 16, 1984. Mr. McLaughlin stated that the residents of the area are willing to work with the City in developing an acceptable plan for both sides of East 17th Street. Boyd Peters, 467 Ogle Street, Costa Mesa, also expressed his desire for a reasonable solution to the problems which exist on 17th Street. Sid Soffer commented that there should be buffer areas between commercial and residential zones. Councilwoman Schafer suggested that this -item be put on the Agenda for the joint Planning Commission/Council Study Session of February 14, 1984. Councilwonan.Hertzog agreed with that suggestion; - however, she requested that Council take some action which would prohibit new developments until a plan is completed. Mayor Hall stated -that an urgency ordinance could be adopted to prohibit new projects until a study has been completed. Councilman McFarland stated that he could not support an urgency ordinance which would place a moratorium on development of East 17th Street. Mayor Hall suggested that all new projects for the area be forwarded to the Council for final action. The City Attorney reccmended that all Development Reviews for East 17th Street be referred to the Council. MOTION After brief discussion, a motion was made by Councilman Staff Directed to McFarland directing staff to forward all Development Forward Development Reviews on East 17th Street, from Newport Boulevard to Reviews on 17th Irvine Avenue, to the City Council for final action. Street to Council The motion was seconded by Councilwoman Schafer, and carried 5-0. ORAL COMMUNICATIONS Herbert Hersch, 93 Pergola, Irvine, spoke at length regarding the need for handicapped parking at the older Parking Spaces for businesses.withfn"the City.. He requested that the City the Handicapped and the Chamber of Ccamnerce support efforts to increase public awareness of the need to keep parking spaces designated for the handicapped available to those persons. Mr. Hersch asked that the City adopt an ordi- nance rdinance to assure that parking spaces for the handicapped are used only by those persons for whom they are intended. Mr. Hersch submitted a copy of an ordinance of the City of Irvine establishing requirements for identification and maintenance of required handicap parking spaces for public access on off-site parking lots. Jerry Odegaard spoke in support of Mr. Hersch's request. Soffer Sid Soffer complained about the following: businesses leaving the State because of the tax situation; the traffic study for Paularino Avenue; approval of the addition to South Coast Plaza; the decision by the Council regarding East 17th Street; and the procedures governing the conduct of a Council meeting. COUNCILMAN IC COMMENTS MOTION Resolution 83-9 Adopted Cd mnend ing Robert G. -'Haskell ADJOURNMENT A motion was made by Vice Mayor Johnson, seconded by Councilwoman Hertzog, Resolution 83-9, being A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMENDING ROBERT G. HASKELL, FORMER EXECU- TIVE DIRECTOR OF THE ORANGE COUNTY DIVISION OF THE LEAGUE OF CALIFOIN IA CITIES, was adopted by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:' None The Mayor declared the peg -ting of ATTEST: -_C ty_ Clerk --of the City of Costa Mesa 10:25) p.m. City of Costa Mesa