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HomeMy WebLinkAbout02/21/1984 - City Councilf ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 21, 1984 The City Council of the City of Costa Mesa, met in regular session on February 21, 1984, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Monsignor Thomas J. Nevin, St. Joachim Catholic Church. Council Members Present: Hall, Johnson, Hertzog, McFarland, Schafer Council Members.Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Assistant City Engineer, Transportation Services Engineer, City Clerk MINUTES On motion by Councilwoman Hertzog, seconded by Vice February 6, 1984 Mayor Johnson, and carried 5-0, the minutes of the regular meeting of February 6, 1984, were approved as distributed and posted. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Johnson, and carried 5-0, to read all ordinances by title only. CONSENT CALENDAR On motion by Councilman McFarland, seconded by Vice Mayor Johnson, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS Records Destruction for Building/Safety MOTION Resolution 84-28 Adopted On motion by Councilman McFarland, seconded by Vice Mayor Johnson, Resolution 84-28, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 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: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None On motion by Councilman McFarland, seconded by Vice Mayor Johnson, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Attorney Stanley R. Steinberg on behalf of Cora Bush, Doris Joyner, and Beatrice Ward; Dan L. Richter; Roderick Schleicher; Jeff Steele; State Farm Fire and Casualty; and Attorney Peter A. Seiden- berg on behalf of Linda Weber, Jeff Hunkle, and Rob Weber. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi - Licenses sion: Son-Vay Corporation, doing business as 253 254 Hi Time, 495 East 17th Street; Felipe A. Corrado, Jr., doing business as Catalina's Italian Deli, 835 West 19th Street; and George Augustus and Joe Dale Martin, doing business as 19th Street West, 745 West 19th Street. Public Notice from the Public Utilities Commission that Utilities an application has been filed by Southern Cali - Commission fornia Edison Company for authority to change its rates effective June 1, 1984. Trees Along 17th A communication from Loren L. Baumgardner, Post Street East of Office Box 176, Costa Mesa, asking the City not Orange Avenue to replace the trees now being removed along 17th Street, east of Orange Avenue, because he feels there is enough greenery along 17th Street. Harbor Area Letter from Fern W. Miller, 266 Palmer Street, Adult Day Care Costa Mesa; expressing appreciation to the City Center Council for their support of the Harbor Area Adult Day Care Center. SET FOR PUBLIC On motion by Councilman McFarland, seconded by Vice HEARING Mayor Johnson; and carried 5-0, the following items were set for public hearing on March 5, 1984, at 6:30 p.m., in the Council Chambers of City Hall: Parking Facility Lease agreement, for $19,000,000.00, with for Performing Wainwright and Ramsey, Incorporated, 1400 "K" Arts Center Street, Suite 206, Sacramento, for the purpose of financing the acquisition, construction, and improvement of a public parking facility and related facilities, for property located on the south side of Sunflower Avenue, between Avenue of the Arts and Park Center Drive. R-84-03 Rezone Petition R-84-03, Curt Herberts or Kurt Herberts/Donat/ Donat, authorized agents for Carrol and Edna Cates Cates, and Curt A. and Melissa Ann Herberts, 510 Riverside Avenue, Newport Beach, for permission to change the zoning of property located at 268 East 16th Street from R2 to R3. Environmental Determination: Negative Declaration. GP-84-lA/R-84-01/ General Plan Amendment GP -84-1A, Rezone Petition Tract 12135 R-84-01, and Tentative Map for Tract 12135, John McCallum/Planning McCallum, 220 Magnolia Street, to amend the Commission General Plan designation at 117 East Wilson Street from Neighborhood Commercial to Medium Density Residential; to rezone the property from C2 to R2; and for a one -lot subdivision for condominium purposes; and for the Costa Mesa Planning Commission to consider alternative land use and zoning options at 111 and 117 East,Wilson -Street, 120 and 140 - 23rd Street, and other commercially zoned properties located east of the alley between Wilson and 23rd Streets. Environ- mental Determination: Negative Declaration. GP -84-1B General Plan Amendment GP -84-1B, Costa Mesa City Council, to amend General Plan Policy No. 208 regarding construction of buildings which may present a hazard to air navigation. Environ- mental Determination: Environmental Impact Report for the City's General Plan. Mini -warehouses Ordinance amending Title 13 of the Costa Mesa Municipal Code concerning regulations governing mini -storage warehouses. Environmental Deter- mination: Negative Declaration. 1 t REJECTED CLAIMS On motion by Councilman McFarland, seconded by Vice Mayor Johnson, and carried 5-0, the claim from Dennis de Lautour S. de Lautour was rejected. Insurance Company On motion by Councilman McFarland, seconded by Vice of the West Mayor Johnson, and carried 5-0, the claim from Insurance McGrew Construction Canpany of the West was rejected. Signal On motion by Councilman McFarland, seconded by Vice Maintenance Mayor Johnson, and carried 5-0, the claim frau Signal Maintenance Maintenance, Incorporated, was rejected. Silverman On motion by Councilman McFarland, seconded by Vice Avocado Street Mayor Johnson, and carried 5-0, the claim from Michelle C. Silverman was rejected. Holloway On motion by Councilman McFarland, seconded by Vice Change Orders Mayor Johnson, and carried 5-0, the claim fran Jerauld Approved D. Holloway was rejected. Hogland On motion by Councilman McFarland, seconded by Vice Mayor Johnson, and carried 5-0, an Application for Leave to Present a Late Claim from Dennis Hogland was denied. ADMINISTRATIVE ABSENT: COUNCIL MEMBERS: None ACTIONS The Traffic Commission has recommended that parking be prohibited along the westerly curb of Monrovia Avenue Prohibition of from Oak Street northerly for 25 feet in order to Parking on improve sight distance at the intersection. On motion Monrovia Avenue by Councilman McFarland, seconded by Vice Mayor Johnson, Resolution 84-29, being A RESOLUTION OF THE CITY COUNCIL MOTION OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARK - Resolution 84-29 ING ON A PORTION OF THE WEST CURB OF MONROVIA AVENUE, Adopted was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking in Marked The Traffic Commission has recommended installation of Stalls Only on signs to indicate that parking is permitted in marked Arlington Drive stalls only on the north side of Arlington Drive at at TeWinkle Park TeWinkle Park, with notice that violators will be towed away. Double parking is a severe problem during large Fairgrounds events. On motion by Councilman McFarland, MOTION seconded by Vice Mayor Johnson, Resolution 84-30, being Resolution 84-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, TO ALLOW PARKING IN MARKED STALLS ONLY WITH TOW -AWAY PROVISION ON A PORTION OF ARLINGTON DRIVE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Orders The Director of Public Services has requested approval No. 1 and No. 2 of Change Orders No. 1 and No. 2, in the amounts of McGrew Construction $45,681.46 and $5,413.55, respectively, to the contract with McGrew Construction Campany, Incorporated, Post 1983-84 Street Office Box 6540, Anaheim, in connection with the 1983 - Maintenance 84 Street Maintenance Program, Phase I, Avocado Street. Phase I The change orders are for additional excavation of two Avocado Street to six inches as requested by the City because of excessive moisture, and for cost to re-establish the MOTION subgrade. On motion by Councilman McFarland, seconded Change Orders by Vice Mayor Johnson, the change orders were approved Approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ;,56 Irrigation System Bids received for Installation of an Irrigation System at Fire Station at Fire Station No. 4 and Construction of a Picnic No. 4 and Picnic Shelter at Paularino Park are on file in the Clerk's Shelter at office. On motion by Councilman McFarland, seconded by Paularino Park Vice Mayor Johnson, the contract was awarded to R.G. Construction, 2165 State Avenue, Costa Mesa, in the MOTION amount of $12,332.00, being the lowest bid meeting Awarded to specifications. The motion carried by the following R.G. Construction roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Police Heliport Bids received for construction of the Police Heliport at the Civic at the Civic Center are on file in the Clerk's office. Center On motion by Councilman McFarland, seconded by Vice Approved Mayor Johnson, the contract was awarded to Tarnutzer MOTION Construction Company, Incorporated, 2915-F Red Hill Awarded to Avenue, Costa Mesa, in the amount of $271,447.00, being Tarnutzer the lowest bid meeting specifications. The motion car - Construction ried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer OLD BUSINESS NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference On motion by Councilman McFarland, seconded by Vice Advances Mayor Johnson, Conference Advances of $217.00 each, for two police officers to attend the I.A.C.P. Civil and MOTION Vicarious Liability Conference in San Diego, March 12 - Advances 14, 1984, were approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Paularino Avenue The Clerk presented from the meeting of January 16, Traffic Study 1984, the Paularino Avenue Traffic Study. A cammunication has been received from Richard Carstensen, Nordic Properties, 720 Paularino Avenue, Suite 204, Costa Mesa, in which he states that a resolution to the Paularino Avenue traffic problem 1 On motion by Councilman McFarland, seconded by Vice MOTION Mayor Johnson, a Conference Advance of $500.00, for the Advance Assistant Building/Safety Director to attend the 22nd Approved Annual Business Meeting of California Building Officials in Sacramento, March 7-10, 1984, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS On motion by Councilwanan Schafer, seconded by Vice R-84-02 Mayor Johnson, Ordinance 84-4, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION CHANGING THE ZONING OF BLOCK "B" OF TRACT NO. 18 FROM Ordinance 84-4 C2, GENERAL BUSINESS DISTRICT, TO PDC, PLANNED DEVELOP - Adopted MENT COMMERCIAL, in connection with Rezone Petition R-84-02, for property bound by 19th Street, Harbor Boulevard, Center Street, and Park Avenue, 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 Paularino Avenue The Clerk presented from the meeting of January 16, Traffic Study 1984, the Paularino Avenue Traffic Study. A cammunication has been received from Richard Carstensen, Nordic Properties, 720 Paularino Avenue, Suite 204, Costa Mesa, in which he states that a resolution to the Paularino Avenue traffic problem 1 is to widen the street to its ultimate right-of-way, eliminating the parkways. A petition has been received, containing 144 signatures, objecting to any changes in the traffic circulation patterns that now exist on Paularino Avenue between Bear Street and Red Hill Avenue. The petition also objected to closure of any type or a cul-de-sac for Paularino Avenue near Bristol Street. Lastly, the petition stated opposition to any traffic controls being placed on Paularino Avenue that would inhibit traffic frau cross- ing Bristol Street. Mayor Hall briefly explained the study, which provides an evaluation of existing and anticipated future traffic conditions along a portion of Paularino Avenue frau Bear Street to Bristol Street, as well as area roadways with and without a through traffic closure of that seg- ment. He referred to staff's memorandum of February 6, 1984, which contains the following alternatives to reduce and/or partially alleviate the access problem: (1) Post "no parking" throughout the entire stretch of Paularino Avenue. (2) Stripe bike lanes on both sides of Paularino Avenue, thus moving traffic away from the curb line. (3 ) Stripe left turn pockets and two-way left turn lanes throughout, thus giving left -turning traffic a protected area. (4) Post Paularino Avenue for 30 -mile -per -hour which would be an enforceable speed limit. (5) Continue to monitor traffic volumes, speed, and access after completion of the above four items. Mayor Hall also read recannendations frau the Traffic Commission which are contained in staff's letter to the Council dated January 16, 1984: Pursue a means to divert or reduce through -traffic on Paularino Avenue. Do not close Paularino Avenue by use of barricades, cul-de-sacs, or other means at this time. Do not widen Paularino Avenue as a solution to the traffic problems. Improve Baker Street to the extent possible prior to diversion of traffic off Paularino Avenue. Implement striping, parking, and speed posting meas- ures on Paularino Avenue as soon as possible. Maintain truck and bus restrictions on Paularino Avenue. Consider a westbound traffic diverter on Paularino Avenue approaching Bristol Street forcing all traffic to turn onto Bristol Street. The diverter would be implemented as soon as short term improvements are campleted on Baker Street. Elsie Mae Deeter, 3067 Yellowstone Drive, Costa Mesa, stated that she wanted a long-term solution to the Paularino Avenue traffic problem and proposed the 258 the following alternatives: cul-de-sac Paularino Avenue; install diverter on Paularino Avenue east of Bristol Street; City purchase all properties on this portion of Paularino Avenue and pay relocation costs; or rezone the properties on Paularino Avenue to high density. Jean Pitoniak, 786 Paularino Avenue, Costa Mesa, stated that at the outset, child safety was her concern but that the increase in traffic is causing many more problems. She commented that it was her understanding the residents were told two years ago that a cul-de-sac was planned for Paularino Avenue. Mayor Hall announced that he has received the following communications opposing closure of Paularino Avenue: California Pacific Properties, 3401 West Sunflower Avenue, Santa Ana, representing Thunderbird/ Red Lion Motor Inns and South Coast Corporate Center; and a petition containing 14 signatures. Richard Carstensen, Nordic Properties, 720 Paularino Avenue, read the three-page letter he had submitted opposing the closure of Paularino Avenue. Don Montgomery, 801 Paularino Avenue, commented that his area has became a walled -in catumunity because of traffic circulation errors made in the 19701s. Mr. Montganery felt that with the developments planned for the surrounding area, traffic surely will increase, and rather than endure additional noise and congestion, the residents are willing to give up their hones. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, stated that it seems necessary to implement same of the alternatives recommended by staff and the City's consultant in order to alleviate traffic on Paularino Avenue as soon as possible; however, he felt the best solution would be for the City to purchase the proper- ties on this portion of the street and to relocate the residents. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if South Coast Plaza has had an impact on the increased traffic on Paularino Avenue. Paul Wilkinson, of Linscott, Law and Greenspan, Incorporated, consultants for the City, responded that approximately 80 to 90 percent of the traffic is frau within the City, and the remainder is from outside the City limits. Mayor Hall reviewed the input frau those,.,who had spoken and added his comments. He felt that it would not be in the best interests of the residents to wait for a long-term solution, that the Council must start now to improve the situation and continue to make improve- ments on a continuous basis. Councilman McFarland reviewed the alternatives submitted by staff and the City's consultant and opposed a cul-de- sac on Paularino Avenue. He also objected to installa- tion of a diverter on that street because he felt it would increase traffic congestion rather than alleviate it. Councilman McFarland referred to the suggestion that the City purchase the properties on Paularino Ave- nue and relocate those residents, and stated that this alternative would be extremely expensive and could not be accomplished in a short period of time. He cammented that rezoning those properties might be a possible long- term solution. Councilman McFarland suggested that the City consider providing funds to soundproof the ha:mes on 2W5`91 Paularino Avenue; however, he felt an estimate of the costs should be obtained before making that decision. Councilwoman Hertzog stated that same of the alterna- tives which have been submitted to the Council will alleviate the traffic problems and can be implemented within a reasonable time frame. Vice Mayor Johnson expressed agreement with the comments made by Council Members McFarland and Hertzog. MOTIONS Councilwoman Schafer also agreed with statements made Alternatives by the other Council Members and thereafter made the Selected for following motion: Implementation (1) Paularino Avenue is to remain open; (2) To program for protected east/west left -turn lanes on the.traffic signal at Bristol Street and Paularino Avenue. (3) Post Paularino Avenue as a 30 -mile -per -hour speed limit; (4) Investigate the feasibility of double left -turn lanes westbound on Paularino Avenue at Bristol Street when the property is developed at the northeast corner of that intersection. (5) After improvements are completed on Baker Street, investigate the feasibility of implementing a westbound traffic diverter on Paularino Avenue approaching Bristol Street. The motion was seconded by Vice Mayor Johnson. Substitute Councilman McFarland made a substitute motion, seconded Motion by Mayor Hall, deleting No. 5 as stated above, and adding a new No. 5: Direct staff to study a soundproof- ing program for homes on Paularino Avenue and to report on the estimated costs. Mayor Hall expressed his support for both studies, the traffic diverter and soundproofing, and asked if Coun- cilman McFarland would consider amending his substitute motion by including both these items. Mayor Hall also requested that the motion include installation of left- turn eftturn lanes on Paularino Avenue at Yellowstone Drive and at Trinity Drive and that parking be prohibited for only those portions of the street needed to accommodate the left -turn lanes. Amended Substitute Councilman McFarland agreed with the amendments to his Motion Carried substitute motion as requested by Mayor Hall, and Mayor Hall reviewed the motion as amended so that.it would be clearly understood: Nos. 1, 2, 3, and 4 of the original motion by Councilwoman Schafer remain the same; No. 5 concerns study of soundproofing; No. 6 is in regard to a possible traffic diverter on Paularino Avenue; and No. 7 addresses left turn lanes at Yellowstone Drive and at Trinity Drive. The amended substitute motion carried 5-0. RECESS The Mayor declared a recess at 7:55 p.m., and the meet- ing eeting reconvened at 8:05 p.m. Specific Plan The Clerk presented a request for a specific plan on for -East 17th East 17th Street. The Development Services Director Street reviewed staff's memorandum of February 16, 1984, which requests Council direction for implementation of a 26 specific plan on East 17th Street and possible direction to study other amendments to the commercial sections of the Land Use Ordinance. MOTION A motion was made by Councilman McFarland, seconded by Preparation of Councilwoman Schafer, and carried 5-0, directing staff Specific Plan to proceed with the following: Authorized (1) Solicit input from commercial and residential property owners in the area along East 17th Street between Santa Ana and Irvine Avenues as outlined in staff's memorandum; (2) Prepare a Specific Plan; (3) Initiate rezone of properties between Santa Ana and Tustin Avenues to Cl, and properties between Tustin and Irvine Avenues to CL. MOTION On motion by Councilman McFarland, seconded by Council - Study of Commercial woman Hertzog, and carried 5-0, staff was directed to Areas Authorized consider problems in commercial zones caused by automo- tive uses, restaurants of all types, and entertainment centers such as theaters and skating rinks, which are adjacent to residential properties; and that at any such locations, all developments are to be forwarded to the Planning Commission for approval in order to prevent the problems that have occurred, or are being created on East 17th Street. MOTION Warrant 1241 Approved On motion by Councilwoman Hertzog, seconded by Council- woman Schafer, Warrant Resolution 1241, including Payroll 8403, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None PUBLIC HEARING The Clerk announced the public hearing, continued from Abandonment between the meeting of January 16, 1984, to consider abandon - Tustin and Irvine ment of surplus City right-of-way located between Tustin Avenues south of and Irvine Avenues, south of 17th Street. Staff has 17th Street recommended that the public hearing be continued to May 21, 1984, to allow for the resolution of the East MOTION 17th Street issue. On motion by Vice Mayor Johnson, Held Over seconded by Councilwoman Schafer, and carried 5-0, this item was continued to May 21, 1984. PUBLIC HEARING The Clerk announced the public hearing for an appeal of Appeal of ZE-83-169 the Planning Commission's decision for Zone Exception Moore ZE-83-169 from Gary Moore, 225 West Wilson Street, for a Conditional Use Permit for a carpet contracting busi- ness with variances from amount of parking, number of compact stalls, dedication, interior landscaping, and front landscaped setback requirements, in conjunction with the construction of a commercial office and ware- house building containing 6,612 square feet, located at 221 and 225 West Wilson Street, in a Cl zone. Environ- mental Determination: Negative Declaration. The Affi- davit of Mailing is on file in the Clerk's office. A communication has been received from Robert W. King, 4505 El Abaca Place, Tarzana, owner of property at 2239 Fairview Road, requesting that the project be approved only if all zoning requirements are met. A camnunication has been received from Attorney Rod E. Lippold, 350 East 17th Street, Suite 111, Costa Mesa, representing Teresita Villas Condominium Homeowners 1 261 Association, 229 West Wilson Street, Costa Mesa, stating that the Association has no objection to the granting of the Conditional Use Permits providing that the approval is based on certain conditions requiring indoor storage, proper landscaping, and adequate parking. The Development Services Director reported that the appellant is appealing the need for the Conditional Use Permit; number of parking spaces required; number of canpact spaces permitted; the required dedication; the condition to remove both on-site buildings prior to release of occupancy for the new buildings; and the requirement for the Encroachment Permit, and subsequent requirements for a Land Use Restriction, Hold Harmless Agreement, and insurance. The Director referred to staff's memorandum dated February 15, 1984, which contains a detailed report for this appeal. The Planning Camnission reccmended approval subject 'to conditions contained in the Planning Division Staff Report and with the addition of Condition Nos. 21, 22, 23, 24, 25, and 26. These additional conditions are contained in the updated Staff Report. Sid Soffer, 900 Arbor Street, Costa Mesa, representing the appellant, first addressed the provisions of Condi- tion No. 25, requirement to execute a Notice and Declaration of Land Use Restriction, which shall be recorded, limiting the use of the property to a carpet business, a retail furniture business, or appliance store. Mr. Soffer felt that this condition was too restrictive and asked if some change could be made. At the request of the Mayor, the City Attorney reported that Condition No. 25 could be amended by adding the phrase, "or any canparable use", and by also adding a statement indicating the purpose of the restriction. Mr. Soffer then referred to dedication requirements as shown on Page 3, Paragraph F-2, in the Staff Report: "The two buildings existing on-site generate 39 trip ends per day. The new structure is estimated to gener- ate 230 trip ends per day. This is an increase of 191. trip ends per day to the site". Mr. Soffer contended that this estimate is excessive since this business only generates approximately 10 trip ends per day and that the appellant, Gary Moore, does not intend to expand the business, that the new building is for warehouse purposes only, and no retail sales are conducted on- site. In view of this information, Mr. Soffer felt that Condition No. 11, requiring dedication, should be deleted. Mr. Soffer also objected to Condition No. 6, requiring that all existing structures shall be demolished and all work and inspections canpleted prior to the issuance of building permits. He stated that Mr. Moore intended to develop the property in two phases for financial reasons. Mr. Soffer also objected to the parking spaces required and the canpact spaces permitted. Councilwanan Hertzog referred to the statement made by Mr. Soffer that the business only produces 10 trip ends per day, and asked how the carpeting arrived at the site. The appellant, Gary Moore, 565 Sturgeon Avenue, Costa Mesa, responded that no deliveries are made at the site since he picks up the carpeting using a truck and trailer. Mr. Moore reported that at the present time, the maximum number of trip ends is approximately 20; however, when the new structures are canpleted, he estimates the maximum number of trip ends will be 50. 6? Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, stated that he has property within a few hundred feet of the subject site and he has no objection to approval of the project, but he did voice objection to the dedi- cation requirement. Sid Soffer commented that his interpretation of the zoning ordinance indicates that a Conditional Use Permit is not required for this project. There Ding no other speakers, the Mayor closed the public hearing. Councilwoman Schafer asked that the Development Services Director explain the requirements for a Conditional Use Permit. The Director referenced Section 13-209 of the Municipal Code and reported that staff feels this appli- cation comes under Subsection No. 11. He further stated that if the Council disagrees with staff's interpreta- tion, they could declare it a permitted use. The Director also mentioned that the basic issue is whether or not a dedication should be made. MOTION A motion was made by Councilman McFarland, to approve ZE-83-169 Zone Exception ZE-83-169 in accordance with the Planning Approved Commission's recommendation, which includes adoption of the Negative Declaration of Environmental Impact; sub- ject to all conditions contained in the updated Staff Report except with modification of Condition No. 25 as suggested by the City Attorney, incorporating the phrase "or any comparable use", and a statement indicating the purpose of the restriction; and based on the findings and analysis contained in the Staff Report and staff's memorandum dated February 15, 1984. The motion was seconded by Vice Mayor Johnson, and after brief discus- sion, the motion carried 4-1, Mayor Hall voting no. RECESS The Mayor declared a recess at 9:30 p.m., and the meet- eeting ingreconvened at 9:40 p.m. PUBLIC HEARING The Clerk announced that this was the time and place R-83-11/ZE-83-172/ set for the public hearing for Rezone Petition R-83-11, Tract 12067 Hunsaker and Associates, Incorporated, authorized agent Hunsaker/McClellan for Rollo W. McClellan, Jr., 2424 Windward Lane, Newport Beach, for permission to rezone property located north- west of the Arbor Street and Whittier Avenue intersec- tion from R1 to PDR -LD; Zone Exception ZE-83-172, for a Planned Development for a 19 -unit condominium project; and Tentative Map for Tract 12067, for a one -lot sub- division for a proposed"19-unit airspace condominium project. Environmental Determination: Negative Declara- tion for General Plan Amendment GP -83-3A. The Affidavit of Publication is on file in the Clerk's office. No cotumunications have been received. Mayor Hall mentioned that Vice Mayor Johnson had abstained from voting when the applicant's last project came before the Council because of possible conflict of interest in that Mr. McClellan had served as treasurer for the Vice Mayor's election campaign in 1980. Vice Mayor Johnson asked for a legal opinion from the City Attorney, and he responded that according to the Political Reform Act, the Vice Mayor does not have to abstain. The Development Services Director gave a slide presenta- tion depicting the proposed project and reviewed staff's memorandum of February 17, 1984. The Planning Commis- sion recommended adoption of the Negative Declaration; approval of a zone change from R1 to PDR -LD; approval 1 MOTION Negative Declaration Adopted MOTION Ordinance 84-5 Given First Reading of Zone Exception ZE-83-172 with reduction in overall density to approximately 6.5 units per acre (permitting 16 units) subject to modifications and conditions; and approval of Tentative Tract Map 12067 subject to condi- tions recommended by the Engineering Division staff. Mike McClellan, 19 South La Senda Drive, South Laguna, spoke in support of the project and explained why he felt approval should be given for a density of 7.98 units per acre. Mr. McClellan discussed the 10 cri- teria set forth in the Planned Development Ordinance and which are contained in the Staff Report. He stated that the proposed project canes very close to meeting those criteria and for this reason, he is requesting approval for 19 units. Mr. Pat Dolan, 923 West 20th Street, Costa Mesa, spoke in opposition to the request for 19 -units and urged Council to uphold the Planning Commission's recammenda- tion for 16 -units only. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, also spoke in support of the Commission's recommendation to approve the project for 16 units. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his support for the proposed 19 units. There being no other speakers, the Mayor closed the public hearing. A motion was made by Councilwoman Schafer, seconded by Councilman McFarland, and carried 5-0, adopting the Negative Declaration of Environmental Impact for General Plan Amendment GP -83-3A. On motion by Councilman McFarland, seconded by Vice Mayor Johnson, Ordinance 84-5, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT "A' OF THE BANNING TRACT FROM R1 TO PDR -LD, was given first read- ing and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None In response to Mayor Hall's question, Mr. McClellan stated that he does agree to all conditions of approval. MOTION On motion by Councilwoman Schafer, seconded by Mayor ZE-83-172 Hall, Zone Exception ZE-83-172 was approved for 19 Approved for units subject to modifications and conditions contained 19 Units in the Staff Report, and based on the findings that the proposed project substantially complies with all devel- opment standards of the Condominium Ordinance and PDR -LD zone; the requested overall density is warranted based on the density increment criteria, as set forth in the Planned Development Ordinance; interpretation of the Ordinance that a density less than 8 units per acre is acceptable; and that the housing stock of the City will be improved. The motion carried 4-1, Councilman McFarland voting no. MOTION On motion by Councilwoman Schafer, seconded by Vice Map for Tract Mayor Johnson, -and carried 5-0, the Tentative Map for 12067 Approved Tract 12067 was approved subject to conditions contained in the Assistant City Engineer's letter to the Planning Commission dated September 28, 1983. lrls _` 4 1 W11 6-4 PUBLIC HEARING The Clerk announced that this was the time and place Cable Television set for the public hearing to consider amendments to Ordinance Title 19 of the Costa Mesa Municipal Code regarding franchises for community antenna television systems. The Affidavit of Publication is on file in the Clerk's office. No camnunications have been received. The City Manager discussed the proposed changes con- tained in staff's memorandum of February 16, 1984, and reported Copley/Colony Cablevision's attorney has also submitted minor amendments to the ordinance. Staff has recommended that the modifications contained in both memoranda be incorporated into the new ordinance. Mayor Hall commended the City Manager, staff, and Copley/Colony Cablevision on a job well done and stated that Costa Mesa will have the finest cable system in the country. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, spoke in opposition to the airport expansion. MOTION On motion by Councilman McFarland, seconded by Vice Resolution 84-31 Mayor Johnson, Resolution 84-31, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUPPORTING THE JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH REGARDING IMPROVEMENTS TO AIR TRANSPORTATION SERVICES, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None EP -84-01 The Clerk presented Encroachment Permit EP -84-01, Stan Rossi/McLain Rossi, authorized agent for McLain/Western No. 4, 4 Corporate Plaza, Suite 101, Newport Beach, to allow landscaping in the public right-of-way at 1101 South Coast Drive in a PDR -MD zone. Environmental Determina- tion: Exempt. The applicant was not present. The Development Services Director reported that the applicant had agreed to all conditions at the Planning Cammission meeting. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, cautioned Council to include a provision protecting the property rights of the citizens. The City Manager responded that this is discussed in the ordinance. There being no other speakers, Mayor Hall closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Council - Ordinance 84-6 wcman Hertzog, Ordinance 84-6, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading ADOPTING AMENDMENTS TO ORDINANCE 83-2, RELATING TO FRANCHISES FOR COMMUNITY ANTENNA TELEVISION SYSTEMS, was given first reading and passed to second reading by. the following roll call vote: AYES:. COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The City Manager presented a request from the City of Agreement between Newport Beach to adopt a resolution approving an agree - Newport Beach and ment between the County of Orange and the City of County of Orange Newport Beach regarding improvements at John Wayne Airport. The City Manager recommended approval of the joint powers agreement. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, spoke in opposition to the airport expansion. MOTION On motion by Councilman McFarland, seconded by Vice Resolution 84-31 Mayor Johnson, Resolution 84-31, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUPPORTING THE JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH REGARDING IMPROVEMENTS TO AIR TRANSPORTATION SERVICES, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None EP -84-01 The Clerk presented Encroachment Permit EP -84-01, Stan Rossi/McLain Rossi, authorized agent for McLain/Western No. 4, 4 Corporate Plaza, Suite 101, Newport Beach, to allow landscaping in the public right-of-way at 1101 South Coast Drive in a PDR -MD zone. Environmental Determina- tion: Exempt. The applicant was not present. The Development Services Director reported that the applicant had agreed to all conditions at the Planning Cammission meeting. 265 MO'T'ION On motion by Councilwoman Schafer, seconded by Council - EP --84-01 woman Hertzog, and carried 5-0, Encroachment Permit Approved EP -84-01 was approved subject to conditions recommended by the Planning'Commission. ZE-84-28 The Clerk presented Zone Exception ZE-84-28, Keith Van Van Holt/City Holt, authorized agent for the City of Costa Mesa, for of Costa Mesa a Conditional Use Permit to allow a snack bar serving food, beer, and wine as an accessory use at the tennis club located -in TeWinkle Park, 880 Junipero Drive in an I and R zone. Environmental Determination: Exempt. The Development Services Director reviewed staff's memorandum of February 16, 1984, and the Planning Divi- sion Staff Report. Staff recommended approval of the request; however, the Planning Commission recommended approval of the Conditional Use Permit to allow sale of food and soft drinks, and denial of the sale of alcoholic beverages:. Denial of the sale of alcoholic beverages was bas"'ed'on Police Department concerns regarding alcoholic beverages being served in a facil- ity which is close to a public park, on findings that it would be an inappropriate environment for families with children who utilize the park and that approval of this use was condoning the sale of alcoholic beverages. Mike Dunn, 913 Junipero Drive, tennis club concession- aire, was present to speak in support of allowing sale of alcoholic beverages as well as food and soft drinks. He reported that he has been at the tennis club for 14 years, and that since he subleases from the City, there is no City involvement. Mr. Dunn stated that he has a high quality staff and they will be able to enforce any conditions required by the City. He also commented that all private. tennis clubs sell alcoholic beverages and visiting players and members of the club have requested that beverages be made available. Roy Andreen, 2769 Cibola Avenue, President of the Mesa Del Mar Homeowners Association, stated that the Board of Directors voted against the sale of beer and wine at the tennis club. The Board had no objections to the sale of food and soft drinks. Mr. Andreen reported that the Association's Board of Directors felt that there is no reason to sell alcoholic beverages in a public park. Rusty Lusk, 947 Serra Way, resident of the Mesa Del Mar area, also spoke in opposition to the sale of beer and wine at TeWinkle Park. Mr. Lusk stated that the resi- dents in his area do not oppose the sale of food and soft drinks, but are against the sale of alcoholic beverages. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that alcoholic beverages are sold at Lions Park during the Fish Fry, and also at the Neighborhood Community Center, and felt that Mr. Dunn should be given the same consid- eration. Jan Broom, 951 Presidio Drive, also opposed the sale of beer and wine, and submitted a communication from Janet Ptak, 950 Presidio Drive, in opposition to sale of alcoholic beverages at the park. Charles Dendel, 2251 Heritage Drive, stated that he has been active at the tennis club for three years and is in favor of beer and wine being served there. Roy Rumasher, 2775 Mesa Verde Drive East, also supported the sale of beer and wine at the tennis club. 266 Jim Mogins, 100 Scholz Plaza, Newport Beach, also spoke in support of the request for beer and wine sales. MOTION A motion was made by Councilman McFarland, seconded by ZE-84-28 Approved Councilwoman Hertzog, to approve Zone Exception ZE-84-28 for Food and Soft for sale of food and soft drinks only as recommended by Drinks Only the Planning Commission. Councilman McFarland commented that he feels this is not a good location for sale of alcoholic beverages. Mayor Hall referred to an earlier comment concerning sale of alcoholic beverages at other City facilities, and stated that although alcohol is served at the Costa Mesa Golf Course, that facility is used primarily by adults. Councilwoman Hertzog expressed agreement with the Planning Commission's recommendation. The motion to approve the permit for food and soft drinks only carried 5-0. Moratorium in the The Clerk presented a request from the Planning Commis - Newport Boulevard sion to establish a 90 -day moratorium on approval of Median uses in the Newport Boulevard median to establish devel- opment standards.and policies relating to the median. The Development Services Director reviewed staff's memorandum of February 16, 1984, and pointed out that moratoriums typically exclude applications which have been submitted prior to the effctive date of the mora- torium. Since Zone Exception ZE-84-21 has been filed, the City Council should decide whether or not this application will be subject to the moratorium. Also, he reported that recent amendments to the Government Code limit the initial time limit for moratoriums to 45 days, not 90 days. These amendments do allow for subsequent extensions for an additional 10 months and 15 days based on certain conditions. Councilman McFarland stated that it is his opinion that the applicant who has already filed for a permit should not be included in the moratorium. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, stated that he was one of the first to express concern over the appearance of Newport Boulevard; however, Mr. Odegaard would not express an opinion for or against the moratorium. Sid Soffer, 900 Arbor Street, Costa Mesa, supported the moratorium. MOTION On motion by Councilman McFarland, seconded by Council - Urgency Ordinance woman Schafer, Ordinance 84-7, being AN INTERIM ORDI- 84-7 Adopted NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE PROCESSING OF BUILDING PERMITS AND ZONE EXCEPTION PERMITS FOR TEM- PORARY USES IN THE NEWPORT BOULEVARD MEDIAN, DECLARING SAID ORDINANCE TO BE AN URGENCY ORDINANCE AND SETTING FORTH REASONS THEREFOR, excluding Zone Exception ZE-84-21, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ORAL COMMUNICATIONS Arlene Dowski, 332 Hanover Drive, Costa Mesa, spoke concerning the Citywide Drainage Study which was dis- Citywide Drainage cussed at the meeting of February 6, 1984, and stated Study that College Park residents expected to receive a copy of that study prior to this meeting: She asked that 1 -the five-minute time limit for Oral Canmunications be waived so that a presentation could be made by one of the College Park residents. Joe Devlin, 354 Hanover Drive, Costa Mesa, stated that he is a civil engineer familiar with municipal flooding. Mr. Devlin gave a lengthy presentation, including slides, describing the severe drainage problem that exists in the College Park area. Sid Soffer, 900 Arbor Street, Costa Mesa, made several comments criticizing City regulations and Council deci- sions on various applications. In response to the Mayor's request, the City Manager reported on the status of the drainage study. He stated that the study should be canpleted by the Council meeting of March 19, 1984, and possibly by the March 5 meeting; however, he felt that the engineering calcula- tions should not be hurried. The City Manager canmented that residents frau all sections of the City are con- cerned with the drainage problem and the Council must set the priorities. Howard Palmer, 2083 Westminster Avenue, Costa Mesa, stated that the east side of the City also experienced flooding during the March 1, 1983, storm and asked if that area is included in the study being prepared by Boyle Engineering. The City Manager responded that nine areas of the City are included in the drainage study, including Westminster Avenue. Helen Bradley, 384 Princeton Drive, Costa Mesa, expressed her fear of another storm arriving before the drainage problem is resolved. ADJOURNMENT The Mayor declared the meetin j_uurned at 1 :50 4-.m). .yor of the City of Costa Mesa ATTEST: • C . y "Clerk _of ••the City of Cost Mesa 1� -,:.267