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HomeMy WebLinkAbout03/05/1984 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 5, 1984 The City Council of the City of Costa Mesa, met in regular session on March 5, 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 led by Girl Scout Junior Troop 1148, and Invoca- tion by Dr. Wayne Tesch, Newport -Mesa Christian Center. 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 Councilwanan Schafer, seconded by Vice February 21, 1984 Mayor Johnson, and carried 5-0, the minutes of the regular meeting of February 21, 1984, were approved as distributed and posted. ORDINANCES A motion was made by Vice Mayor Johnson, seconded by Councilman McFarland, and carried 5-0, to read all ordinances by title only. PROCLAMATION Mayor Hall read a proclamation proclaiming the week of Girl Scout Week March 11 through 17, 1984, as Girl Scout Week in the City of Costa Mesa. He presented the proclamation to Girl Scout Junior Troop No. 1148. CONSENT CALENDAR On motion by Councilman McFarland, seconded by Council- wanan Schafer, 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 READING FOLDER On motion by Councilman McFarland, seconded by Council- woman Schafer, and carried 5-0,'the following Reading Folder items were received and processed: Claims One claim received by the City Clerk: Attorney Richard A. Repici;on behalf of Roy William Browne, Jr. Alcoholic Alcoholic Beverage License application for which Beverage parking has been approved by the Planning Divi - Licenses sion: Lindcot, Incorporated, doing business as Minute King Markets, 2052 Newport Boulevard, Units 1 and 2. State Controller Statements frau the Controller of the State of Division of California showing the amounts estimated to be Revenues paid to each city and county for the 1984-85 fiscal year frau the following sources: Highway Users.Tax, Motor Vehicle License Fees, and Off - Highway Motor Vehicle License Fees. BUSINESS PERMITS Notice of Intention to Appeal'or Solicit for Charitable Purpose has been received frau the Harbor Key of Child Child Guidance Guidance Center, 807 West 19th Street, Costa Mesa, by Center holding a bazaar on March 11, 1984, at the Downtown 1 Camnunity Center. On motion by Councilman McFarland, MOTION seconded by Councilwoman Schafer, and carried 5-0, the Permit Approved permit was approved with application of Municipal Code Section 9-234J. PERMITS A request has been received from Anchor Lodge No. 648, 13142 Pleasant Avenue, Garden Grove, for permission to Anchor Lodge use Lions Park on June 10, 1984, from 8:00 a.m. to noon, No. 648 for its annual fund raiser. On motion by Councilman McFarland, seconded by Councilwoman Schafer, and carried MOTION 5-0, the permit was approved subject to conditions Permit Approved recommended by the Leisure Services Director. SET FOR PUBLIC On motion by Councilman McFarland, seconded by Council - HEARING woman Schafer, and carried 5 -0, -the following items were set for public hearing on March 19, 1984, at 6:30 p.m., in the Council Chambers of City Hall: Parking and Storage Ordinance .amending the Municipal Code relating of Motor Vehicles to parking and storage of motor vehicles in yard areas in residential zones. Environmental Deter- mination: Exempt. Administrative Ordinance amending titles of the Municipal Code Changes to Sign concerning administrative changes to the Sign Ordinance Ordinance. Environmental Determination: Exempt. Signage for Narrow, Ordinance amending Title 5 of the Municipal Code Deep Commercial Lots concerning signage for narrow, deep commercial lots. Environmental Determination: Exempt. .Sign Maintenance Ordinance amending Title 5 of the Municipal Code concerning sign maintenance. Environmental Determination: Exempt. R-84-04 Rezone Petition R-84-04, California Lifestyle California Corporation, authorized agent for Newport -Mesa Lifestyle/School Unified.School District, for property which is District undergoing annexation from County R4 to City R2, located at 2542 Santa Ana Avenue. Environmental Determination: Negative Declaration for Tenta- tive Tract Map No. 12114. REJECTED CLAIMS On motion by Councilman McFarland, seconded by Council- Emery/Dubois woman Schafer, and carried 5-0, the claim from Sharon Emery on behalf of Jay Dubois, a minor, was rejected. Exbourne On motion by Councilman McFarland, seconded by Council - Properties woman Schafer, and carried 5-0, the claim from Exbourne Properties, Incorporated, was rejected. ADMINISTRATIVE ACTIONS The City Manager has recommended a one-year renewal of the agreement with Kenneth Sampson, 2521 Bayshore Drive, Agreement - Sampson Newport Beach, in the amount of $500.00 per month, for consulting services in connection with the Mesa -Newport Mesa -Newport Marina Marina. On motion by Councilman McFarland, seconded by Councilwoman Schafer, the agreement was approved for one MOTION year by the following roll call vote: Agreement AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Approved McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion The improvements in connection with the 1983-84 Street 1983-84 Street Maintenance Program, Phase I, Avocado Street, have been Maintenance, Phase I, completed to the satisfaction of the Director of Public Avocado Street Services by McGrew Construction Company, Incorporated, Post Office Box 6540, Anaheim. On motion by Councilman MOTION McFarland, seconded by Councilwoman Schafer, the work Work Accepted was accepted; the Clerk was authorized to file a Notice of Completion; the Performance Bond was ordered exoner- ated and 10 percent retention funds authorized for release 35 days after filing the Notice of Completion; and the Labor and Material Bond was ordered exonerated seven months after filing the Notice of Completion. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference On motion by Councilman McFarland, seconded by Council - Advance wanan Schafer, a Conference Advance for $372.00, for a police officer to attend the Personnel Management MOTION Conference in San Diego, April 9-13, 1984, was Advance approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Traffic The Purchasing Agent has requested authorization to Signal Controller purchase one traffic signal controller, Multisonics No. 911B 8 Phase at $16,557.00. This is a sole source MOTION purchase frau Multisonics, Incorporated, 144 West Purchase Amerige Street, Fullerton, since the controller must Authorized be canpatible with the overall Multisonic system used for City traffic control. On motion by Councilman McFarland, seconded by Councilwoman Schafer, the pur- chase was authorized by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of The Purchasing Agent has requested authorization to Medical Services purchase medical services at Bristol Park Medical Group 722 Baker Street, Costa Mesa. It is estimated that 125 MOTION annual physical examinations of employees will be needed Purchase at $46.50 each, for a total of $5,812.50 during the fis- Authorized cal year. On motion by Councilman McFarland, seconded by Councilwanan Schafer, the purchase was authorized 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 Councilwoman Schafer, seconded by Vice R-81-18 Mayor Johnson, Ordinance 82-3, being AN ORDINANCE OF Spiller THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF 176, 182, AND 186 CABRILLO MOTION STREET, AND 1745 AND 1747 ORANGE AVENUE FROM R2 TO R4, Ordinance 82-3 in connection with Rezone Petition R-81-18, Charles Adopted Spiller, 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 After second reading and adoption of Ordinance 82-3, Bob Yoder, 155 Buoy Street, Costa Mesa, spoke in opposition to the approved R4 zoning, and stated that too many projects on the eastside are being approved for high density. R-83-11 On motion by Councilman McFarland, seconded by Vice McClellan Mayor Johnson, Ordinance 84-5, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION CHANGING THE ZONING OF A PORTION OF LOT "A" OF THE Ordinance 84-5 BANNING TRACT FROM R1 TO PDR -LD, in connection with Adopted Rezone Petition R-83-11, Rollo McClellan, for property located northwest of the Arbor Street and Whittier Avenue intersection, 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 Cable Television On motion by Vice Mayor Johnson, seconded by Council - Franchises waman Hertzog, Ordinance 84-6, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ADOPTING AMENDMENTS TO ORDINANCE 83-2, RELATING TO Ordinance 84-6 FRANCHISES FOR COMMUNITY ANTENNA TELEVISION SYSTEMS, Adopted 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 ZE-82-88 The Clerk presented Zone Exception ZE-82-88, a request Nordquist for waiver of park fees from the Reverend Conrad Nordquist, authorized agent for the Bishop of the Request for Episcopal Church, in conjunction with development of a Waiver of 36 -unit senior citizens housing project at 183 East Park Fees Bay Street, in a PDR -HD zone. Environmental Determina- tion: Negative Declaration adopted for General Plan Amendment GP -79-3A. The Development Services Director reported that the Planning staff and Planning Commission recommended that the request be denied. In reviewing the records for payment of park fees, staff found that full park fees were paid on the Casa Bella Senior Citizens Housing project at 1840 Park Avenue, and suggests that waiving park fees for this project would be a grant of special privilege to the applicant as other similar projects have not been granted park fee waivers. The applicant was not present. Bob Yoder, -155 Buoy Street, Costa Mesa, expressed his opposition to waiving the park fees and stated that there is a need for parks on the eastside. Sid Soffer, 900 Arbor Street, Costa Mesa, stated his opinion that the City's method of distributing park fees is illegal. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, questioned staff's policy regarding park fees and stated that since the Casa Bella project is across the street from an existing park, no park fees should have been assessed. MOTION A motion was made by Councilman McFarland, seconded by Waiver of Park Vice Mayor Johnson, and carried 5-0, denying the request Fees Denied for waiver of park fees in connection with Zone Excep- tion ZE-82-88. School Crossing The City Manager presented a report dated February 23, Guards 1984, regarding Citywide school crossing guards. A Task Force consisting of five staff members reviewed legal responsibilities, alternative funding methods, accident data, and traffic statistics. The report .states that despite the absence of crossing guards, Costa Mesa has not had a school pedestrian safety problem for the following reasons: 1. The City has a very effective "Safe Route to School Program", thanks to the schools, the PTA/PFO groups, and especially the parents. 2. The City has a very effective Bicycle Safety Program under the direction of the Police ` Department. 3. Most schools have been developed deep within residential areas thus reducing the number of arterial highway crossings by elementary school children. 4. The City, schools, and Traffic Cammission have worked together effectively to provide adequate traffic control devices, such as signs, striping, signals, stop signs, restrictive parking measures, and bike lanes, to insure safe crossings without a need for.crossing guards. The City Manager mentioned that 15 schools had been contacted by the Task Force: 13 public elementary schools serving Costa Mesa, 2 major private schools, and the Newport -Mesa Unified School District. Of the schools surveyed, eight responded. Six schools want guards; one school has a street parking problem; and one school does not see a need for guards. In conclusion, the City Manager reported that staff is not recommending a guard program; however, if Council decides to initiate such a program, his recamnendation is to adopt the 1979 CALTRANS Warrants for Adult Crossing Guards. The City Clerk announced that the following communica- tions have been received: Results of a survey conducted by Peggy Olrich, 2881 Europa Drive, member of the Adams School PTA; Petitions fran 231 parents of children attending Kaiser School, requesting that the crossing guard program be implemented; Letter frau Mr. and Mrs. James Carroll, 2906 Redwood Avenue, explaining the difficulty for children to cross Baker Street at Royal Palm Drive. They sug- gested that a crosswalk and four-way stop is needed, but if this cannot be accomplished; a crossing guard would alleviate the problem. Letters received from the following residents in favor of the crossing guard program: Mr. and Mrs. Lafe S. Parkin, 2900 Redwood Avenue; Jim and Linda Watson, 2980 Andros Street; Bob and Hilda Hammond, 2912 Redwood Avenue; Terry D. Simon, 1779 Tanager Drive; Beverly Rypinski, President, Harbor Council PTA's; Linda P. Holstien, 2850 Club House Road, President, Adams School PTA; and Kaiser School PFO, 2130 Santa Ana Avenue. The City Manager read a letter he had received frau Dr. John W. Nicoll, Superintendent of the Newport -Mesa Unified School District, requesting that the City consider crossing guards for certain intersections at City expense. Linda Holstien, 2990 Country Club Drive, representing the Harbor Council PTA's, commended the City for its excellent safety programs; however, she felt that an ..273 on-going day-to-day safety program is necessary because of the increase in traffic in the past few years. Mrs. Holstien also mentioned that because of nine school closures, many children must travel much farther. She concluded by stating that the City must accept respon- sibility for increased traffic hazards due to increased development, and that the crossing guard program should be implemented because of the community's concern. Lewis Fannon, 1912 Ocean Front, Newport Beach, Principal of Adams.School, urged Council to take preventive meas- ures before serious accidents occur. Peggy Olrich, 2881 Europa Drive, read portions of the results of a survey conducted by the Adams School PTA. Of the 12 schools to which the survey was sent, ten responses were received and the other two replies are expected shortly. A total of 939 surveys and letters were received and.,of these, 894 favor crossing guards. She reported that the survey indicates that there would be almost a-20 percent increase in children who walk or bike to school if there were guards. Along with the survey, Mrs. Olrich submitted a tally sheet of the survey's results. Terry Simon, 1779 Tanager Drive, proposed that a pilot program be implemented for the following ten intersec- tions: Gisler Avenue and California Street; Placentia Avenue and 18th Street; Baker Street and Mesa Verde Drive; Bristol Street and Paularino Avenue; Bear Street and Paularino Avenue; Santa Ana Avenue and Rose Lane; Adams Avenue and Mesa Verde Drive West (Placentia Ave- nue); Wilson Street and Placentia Avenue; Fair Drive at Loyola Road or at Fairview Road; and Baker Street and Killybrooke Lane. She recanmended that the pilot program be implemented for one school year and then reviewed for possible changes. Sid Soffer, 900 Arbor Street, complained about Council's decisions concerning expenditure of revenues. Nancy Noland, 2988 Ceylon Drive, expressed apprecia- tion for the City's present safety programs for children, but felt that crossing guards are also necessary. Bob Hammond, 2912 Redwood Avenue, stated that because of the closing of many schools, children must travel a greater distance. He felt this alone warranted the need for crossing guards. Mr. Hammond camnented that the intersection of Baker Street and Royal Palm Drive is extremely hazardous. Jan Charas, 2123 Federal Avenue, stated that she has two children attending Whittier School, and she reported that because of the light industry in that area, there are many trucks using the streets, and that there are few sidewalks in that area. She mentioned that the four-way stop signs at 19th Street and Whittier Avenue have been of some help. Mayor Hall canmented that he was pleased with the positive presentations made this evening. He stated that if a crossing guard program is approved, the program should be implemented under State guidelines. The Mayor stated that as more schools are closed and routes are changed, it will probably be necessary to add and/or delete certain intersections. The Mayor concluded by stating that he felt the program is essential. 271 MOTION A motion was made by Councilwoman Schafer, seconded Crossing Guard by Vice Mayor Johnson, directing the City Manager to Program Approved establish a School Crossing Guard Program, to be imple- mented in accordance with State standards, effective for school year 1984-85, and funded by use of Traffic Safety money. Councilman McFarland mentioned that C. J. Segerstran and Sons, in conjunction with the expansion of South Coast Plaza, had agreed to furnish a crossing guard at Bear Street and South Coast Drive. He asked how this would tie in with the City's program. Mayor Hall responded that the City Manager had recom- mended that if a program is implemented, that the City be responsible for all training and furnishing of uni- forms for the crossing guards at an approximate annual cost of $4,000.00 per guard, and that the Segerstrans reimburse the City each year for that amount. Malcolm Ross, representing C. J. Segerstran and Sons, 3315 Fairview Road, Costa Mesa, expressed agreement with the City Manager's recamnendation. Amended Motion Councilwoman Schafer amended her motion to include the City Manager's recaTmendation and Vice Mayor Johnson seconded the amended motion. The City Manager suggested that if any organizations offer to furnish a crossing guard at a particular intersection, the same arrangement be made as that agreed upon by the Segerstroms. Second Amended Councilwoman Schafer again amended her motion to Motion incorporate the City Manager's suggestion, and it was seconded by Vice Mayor Johnson. Councilman McFarland suggested that staff investigate a volunteer program with training, uniforms, and insurance supplied by the City. The City Manager responded that this will be considered. The second amended motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:05 p.m., and the meet- ing eeting reconvened at 8:20 p.m. V�RRANTS On motion.by Councilman McFarland, seconded by Council- woman Schafer, Warrant Resolution 1242 was approved by MOTION the following roll call vote: Warrant 1242 AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Approved McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilman McFarland, seconded by Council - MOTION woman Hertzog, Warrant Resolution 1243, including Warrant 1243 Payroll 8404, 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 CITY MANAGER REPORTS The City Manager presented a cable communications fran- chise agreement with Copley/Colony Cablevision of Costa Agreement with Mesa, Incorporated, 2960 Harbor Boulevard, Suite A, Copley/Colony Costa Mesa. He proceeded by commending the Assistant 2-75 Cable Franchise City Manager and City Attorney, as well as Roger Turner, Jack Clifford, and Mike Isaacs of Copley/Colony, for an outstanding job in compiling an agreement that meets the needs of the community. The City Manager recommended that the agreement be approved and that the Mayor and Clerk be authorized to sign on behalf of the City. He stated that although Costa Mesa is one of the last cities in Orange County _ to have cable television, Copley/Colony will make this system the best in the United States. The City Manager summarized the Assistant City Manager's memorandum of March 2, 1984, which details the cable system in the following areas: Technical Design and Construction; Programming and Services; Financial Cam- mitments; Services to the Community and City; Continuing .Support Camnitment; Institutional -Network Services Development; Local ,Origination Studio and Services; Municipal Facilities; Training Program; and Engineering Consultant Fee. Jack Clifford, of Copley/Colony, thanked the City Manager for his kind words and camuended the City staff. - Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, asked what precautions had been taken to insure that cable company personnel will not enter private property without the owner's consent. Mayor Hall responded that any entry onto property will be done legally. Lou Ann Harris, Director of the Orange Coast College Library, was concerned about what will be available at the outset of the program; however, she stated that the College will cooperate with the citizens, City, and Copley/Colony to have outstanding programs., Tim Brennan, 1753 Santa Ana Avenue, Costa Mesa, General Manager of South Coast Repertory Theatre, stated that Copley/Colony's proposal meets the needs to allow the Theatre to provide approximately 12 types of programs, and that he was looking forward to working with the City, Copley/Colony, and other agencies. Bob Yoder, 155 Buoy Street, Costa Mesa, reported that someone was entering the backyards of properties in his neighborhood and the person stated that he was surveying for a cable company. Mr. Yoder asked if this is true. Mayor Hall responded that there are no surveyors in the field from Copley/Colony and that when work does start, all employees of the cable company will be wear- ing uniforms with the canpany logo, and will be carrying proper identification. MOTION A motion was made by Councilman McFarland, seconded by Franchise Councilwoman Hertzog, awarding the non-exclusive fran- Agreement chise cable agreement to Copley/Colony Cablevision of Awarded Costa Mesa, Incorporated, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Agreement with set for the public hearing to consider a lease agree - Wainwright and ment with Wainwright and Ramsey, Incorporated, 1400 Ramsey "K" Street, Suite 206, Sacramento, for the purpose of 9w financing the acquisition, construction, and improvement Parking Facility of a public parking facility and related facilities for at Performing property located on the south side of Sunflower Avenue, Arts Center between Avenue of the Arts and Park Center Drive, in connection with the Performing Arts Center. The Affi- davit of Publication is on file in the Clerk's office. No communications have been received. Frank Fargo, of Wainwright and Ramsey, reported that the public hearing is required by the Treasury Depart- ment. Charles Adams, from the law offices of Jones Hall Hill and White, 4 Dmbarcadero Center, Suite 1950, San Francisco, stated that the public hearing is required because the financing, as proposed, will constitute "industrial development bonds" under federal tax law. Mr. Adams also reported that while the hearing is a necessary pre -condition to the financing, it will also be necessary to return to the Council at a later date to obtain final approval of the legal documents, once they are in final form, and to approve the sale of the Certificates of Participation. Councilman McFarland asked for. clarification of the need for the public hearing, and Mr. Adams responded that the hearing is required by the Internal Revenue Service to obtain public comments, and that no action is required. The City Attorney confirmed Mr. Adam's explanation. Sid Soffer, 900 Arbor Street, commented that there are no speakers because most citizens do not understand this project. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, objected to this type of financing for the Performing Arts Center. There being no other speakers, the Mayor closed the public hearing, and no action was taken since none was required. PUBLIC HEARING The Clerk announced that this was the time and place set Ordinance for the public hearing for an ordinance amending Title Regulating 13 of the Costa Mesa Municipal Code concerning regula- Mini-warehouses tions governing mini -storage warehouses. Environmental Determination: Negative Declaration. The Affidavit of Publication.is on file in the Clerk's office. No com- munications have been received. The Development Services Director reviewed staff's memorandum of February 29, 1984, and pointed out that Council had directed staff to amend the ordinance con- cerning storage warehouses as follows: allow denial of a Conditional Use Permit if there is 4-1/2 square feet of mini -warehouse space per capita; remove the 12 -foot height restriction; and reduce the parking requirement. The Planning Cammission considered these changes and recamnended approval. The memorandum contains three alternatives for Council consideration: (1) Retain proposed provisions allowing for denial of Conditional Use Permits for mini -warehouses when there is more than 4.5 square feet per capita. (2) Establish a higher level of square footage per capita for denial of Conditional Use Permits. (3) Delete requirement for Conditional Use Permits and regulate mini -warehouses only as to develop- ment standards.. Councilman McFarland asked to discuss the fact that the limit of 4-1/2 feet of square footage per capita may already have been reached. He felt that 5 or 5-1/2 square feet per capita may be more reasonable. Mayor Hall suggested that in order to eliminate the necessity of aanending the ordinance each time a change is made for the mini -warehouse square footage limita- tion, that the ordinance refer to a resolution which will contain that figure. The City Attorney stated that this is a time -saving method which has been used in other cases, for example, in setting certain fees. The Development Services Director suggested that the prcposed.ordinance can be changed to reflect that the square footage limitations are set forth in a resolu- tion which staff will prepare and submit to Council at the March 19, 1984, meeting. Councilman McFarland suggested, and the other Council Members agreed, that the square -foot limitation per capita for mini -warehouses be set at five feet. MOTION On motion by .Councilman McFarland, seconded by Council - Ordinance 84-8 waman Hertzog, Ordinance.84-8, being AN ORDINANCE OF Given First THE CI -TY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading REGARDING REGULATIONS FOR MINI -WAREHOUSES, modified to show that a square .footage per capita limitation be established by resolution. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION A motion was made by Councilman McFarland, seconded by Staff Directed to Councilwaman Schafer, and carried 5-0, directing staff Prepare Resolution to prepare a resolution in conjunction with adoption of Ordinance 84-8. MOTION - Negative On motion by Councilwoman Schafer, seconded by Council - Declaration man McFarland, and carried 5-0, the Negative Declaration Adopted of Environmental Impact was adopted. PUBLIC HEARING The Clerk announced that this was the time and place GP-84-lA/R--84-01 set for the public hearing for General Plan Amendment McCallum/Planning GP -84-1A, and Rezone Petition R-8.4-01, John McCallum, Commission 220 Magnolia Street, Costa Mesa, to amend the General Plan designation for 117 East Wilson Street frau Neigh- borhood Commercial to Medium Density Residential, and to rezone the property frau C2 to R2; and for the Costa Mesa Planning Camnission to consider alternative land use and zoning options for property located at 111 and 117 East Wilson Street, 120 and 140 - 23rd Street, and other cammercially zoned properties located east of the alley between Wilson and 23rd Streets. Environ- mental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. A communication has been received from Louise Williams, Stephen McNash, and Clifford Lindsay, owners of property on Newport Boulevard within the study area, requesting that if the rezone.is approved, require construction of a wall along the lenth of the property, the wall to be six to eight feet in height, for the purpose of separ- ating the conflicting zones. They also asked that all openings face the east and north on Wilson Street. The Development Services Director summarized staff's memorandum of February 22, 1984, stating that under a new procedure, comments and recommendations based on the draft report for General Plan Amendment GP -84-1A are solicited from affected City departments. The recommendations favor option 4 which proposes to amend the study.area's General Plan designation to High Density Residential and to rezone all parcels to R2, except for the property at 120 - 23rd Street which would be rezoned CL. The Director reported that at the Planning Commission meeting of February 14, 1984, two commissioners abstained from voting on this item. The three remain- ing members considered a motion to amend the General Plan designation and zoning for 117 East Wilson Street only to Medium Density Residential and R2. This motion received a 2-1 vote. However, with the 2-1 vote, the Planning Commission action technically is not a recommendation. State law requires that Planning Commission recommendations on General Plan Amendments be approved by a majority of the total members; there- fore, General Plan Amendment GP -84-1A was forwarded to Council without a recommendation. Clifford Lindsay, owner of property at 2336 Newport Boulevard, and a member of the East Side Property owners Association, spoke in opposition to changing any of the properties to residential use. He stated that he has been waiting to upgrade his property until a decision has been made for the freeway route. Mr. Lindsay also commented that residential use is not desirable for this area and expressed his preference for option 1, retention of the Study Area's existing land use classi- fications: General Plan designation Neighborhood Commercial, and C2 zoning. Mayor Hall addressed the freeway route which Mr. Lindsay mentioned, stating that the anticipated time for canple- tion of the freeway is between 1992 and 1994 and that it will be located in the center of Newport Boulevard. 'Ped Lindstedt, owner of one of the properties in the the study area, spoke in support of retaining the com- mercial designation. Greg Hampton, representing the applicant, spoke in sup- port of the proposed project at 117 East Wilson Street. Bob Yoder, 155 Buoy Street,.Costa Mesa, commented that of the four rezone petitions under consideration this evening, three properties are located on the eastside and are for higher density, which he opposes. Mr. Yoder spoke in support of retaining commercial zoning along Newport Boulevard. Bill Pozzi, owner of a business at 2350 Newport Boule- vard, and owner of properties at 2340, 2342, and 2344 Newport Boulevard, stated that everyone along Newport Boulevard opposes any zoning change for their properties. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his opinion that the two abstaining votes at the Planning Commission meeting should have been counted as "yes" votes. Barbara Breabeale, owner of a business at 2350 Newport Boulevard, and part owner of property at 2340 Newport Boulevard, described the renovations which the proper- ty owners plan for this area. She also commented that 1 it would be unfair to change all properties in the study area to residential when only one person is requesting that change. Councilman McFarland pointed out that the applicant only requested the change for his property and that the Planning Commission expanded the area. Mike Neal, co-owner of properties at 2340, 2342, and 2344 Newport Boulevard, spoke in opposition of the land use and zoning change for these properties to residential. He mentioned that these property owners have large investments to be considered and they plan to redevelop the area. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, asked that the commercial use be retained for all properties, including the applicant's. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Council - Resolution 84-32 woman Hertzog, Resolution 84-32, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -84-1A, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, for property located at 117 East Wilson Street, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: MOTION - Negative A motion was made by Councilwoman Schafer, seconded by Declaration Councilman McFarland, and carried 5-0, adopting the Adopted Negative Declaration of Environmental Impact. MOTION On motion by Councilman McFarland, seconded by Vice Ordinance 84-9 Mayor Johnson, Ordinance 84-9, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading CHANGING THE ZONING OF LOT 15 IN TRACT 300 FROM C2 TO R2, 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 Councilman McFarland asked if it would be appropriate to discuss those properties which are in need of more parking and the owners' intentions to use the site at 111 East Wilson Street for the purpose of off-site parking. He felt that Council should encourage these property owners to meet with staff to discuss this matter and possibly schedule it for a Planning Commis- sion Study Session. RECESS The Mayor declared a recess at 10:30 p.m., and the meeting reconvened at 10:35 p.m. PUBLIC HEARING The Clerk announced that this was the time and place GP-84-1B/City set for the public hearing for General Plan Amendment Council 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. The Affidavit of Publication is on file in the Clerk's office. No carmiunications have been received. The Development Services Director reported that General Plan Policy No. 208 currently reads as follows: "Prohibit construction of buildings which, according to independent studies by qualified private consultants or the Federal Aviation Administration (FAA), would present a hazard to air navigation". With the proposed amendment, the wording would be: "Prohibit construction of buildings which, according to independent studies by the FAA, would present a hazard to air navigation". The Planning Division recommended that the policy be amended as stated above. The Development Services Director stated that the Planning Commission and Planning staff recommended approval of the zone change. He reported that the Planning Commission also approved a zone exception permit, subject to conditions. Curt Herberts was present and agreed to the conditions set forth for the zone exception. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Vice Ordinance 84-10 Mayor Johnson, Ordinance 84-10, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading CHANGING THE ZONING OF LOTS 5 AND 7 OF TRACT NO. 251 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, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-84-14 set for the public hearing to consider an application for Grewe/Miley by from Mark Letter, Pacific Federal Savings and Loan, Pacific Federal 1901 Newport Boulevard, Costa Mesa, appealing the Plan- ning Commission's approval of Zone Exception ZE-84-14, Carl F. Grewe, authorized agent for John Miley, 30861 Calle Resplendor, Sari Juan Capistrano, for a Conditional There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Vice Resolution 84-33 Mayor Johnson, Resolution 84-33, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -84-1B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted 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 R-84-03 set for the public hearing for Rezone.Petition R-84-03, Herberts/Donat/ Curt Herberts or Kurt Donat, authorized agents for Cates Carrol and Edna 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. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director stated that the Planning Commission and Planning staff recommended approval of the zone change. He reported that the Planning Commission also approved a zone exception permit, subject to conditions. Curt Herberts was present and agreed to the conditions set forth for the zone exception. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Vice Ordinance 84-10 Mayor Johnson, Ordinance 84-10, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading CHANGING THE ZONING OF LOTS 5 AND 7 OF TRACT NO. 251 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, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-84-14 set for the public hearing to consider an application for Grewe/Miley by from Mark Letter, Pacific Federal Savings and Loan, Pacific Federal 1901 Newport Boulevard, Costa Mesa, appealing the Plan- ning Commission's approval of Zone Exception ZE-84-14, Carl F. Grewe, authorized agent for John Miley, 30861 Calle Resplendor, Sari Juan Capistrano, for a Conditional Use Permit to allow leasing of automobiles in an exist- ing xisting camnercial building, including outdoor display of vehicles, located at 1919 Newport Boulevard in a C2 -CP zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No cammunications.have been received. The Development Services Director reported that Pacific Federal appealed the approval of the zone exception because the use is inconsistent with the Redevelopment Agency goals and objectives and the use adversely affects Pacific Federal's corporate image. In summarizing staff's memorandum of February 29, 1984, the Director pointed out that after additional research, it was discovered that the Pacific Federal property to the south has City -approved Fire Department access from the easterly side of the cul-de-sac in front of the applicant's building. Consequently, three of the striped spaces, and the area approved by the Planning Commission to be used for outdoor display of vehicles, block the access. In response to the appeal, staff feels that upgrading of the building and the landscap- ing being undertaken by the applicant will provide a favorable appearance at the."gateway of the Redevelop- ment Area". In view of the new information stated above, staff has recommended the following changes in the conditions of approval for Zone Exception ZE-84-14: Modify Condition No. 2 to read, "A maximum of four cars shall be displayed on-site at any one time"; 'Add Condition No. 6, "Signage or lettering of any kind on the automobiles to be leased shall be pro- hibited"; Add Condition No. 7, "Parking shall be prohibited within the first 25 feet of property adjacent to Newport Boulevard. The three spaces located adja- cent to the fire access at the end of the cul-de-sac shall be eliminated". The appellant, Mark Letter, Pacific Savings and Loan, stated that since he filed the appeal, substantial changes in the use of the property have been made and that the current conditions remedy many of his previous objections. The applicant, Carl Grewe, was present and agreed to all conditions as amended. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Johnson, seconded by Councilman ZE-84-14 McFarland, and carried 5-0, Zone Exception ZE-84-14 was Approved' approved subject to conditions contained in the Staff Report and with the modifications and additions recom- mended in staff's memorandum of February 29, 1984. NEW BUSINESS The Clerk presented Encroachment Permit EP -84-02, EP -84-02 Malcolm Ross, authorized agent for C. J. Segerstran and Ross/Segerstram Sons, 3315 Fairview Road, Costa Mesa, to allow landscap- ing to encroach into the public right-of-way, located at 1150 West Baker Street in a Cl zone. Environmental Determination: Exempt. The Planning Commission and staff recommended approval subject to conditions contained in the Staff Report. 28 2 Malcolm Ross was present to answer questions from the Council and he agreed to all conditions. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed dissatisfaction with City regulations concerning condi- tions of approval. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, stated that since Baker Street improvements are not in the City's five-year plan, a dedication should not be required. MOTION A motion was made by Councilwoman Schafer, seconded by EP -84-02 Vice Mayor Johnson, and carried 5-0, approving the Approved encroachment permit based on.the findings and analysis contained in the Staff Report and subject to conditions recommended by the Planning Commission. ORAL COMMUNICATIONS Police Sergeant William Bechtel, Costa Mesa Police Department, requested the City's official recognition Cop Bowl for officers who perform in the Cop Boal. Sargeant Bechtel stated that this event was originated by the Costa Mesa police to raise funds to assist high schools whose athletic programs were reduced because of Proposi- tion 13. Recognition by the City would allow official use of the Costa Mesa Police Department name. Mayor Hall asked the City Manager for his comments on the.request. The City Manager reported that he had turned down the request from Sergeant Bechtel because of the liability to the City. If an officer is injured while practicing for or participating in the Cop Bowl, Workers Compensa- tion would take over, and the City's coverage is a self-insured program. The City Manager mentioned that the City does.give some financial backing.by advertising in the Cop Bawl pamphlet. After discussion, Mayor Hall stated that he felt the Council did not have enough information to make a decision this evening; however, Council will look into the matter further and respond to the request at a later date. Schoewe Waldemar W. Schoewe, Post Office Box 10632, Costa Mesa, read a letter addressed to the Mayor, relating to past grievances against the City. He submitted the letter to the City Clerk for the file. March, 1983 Mary Naylor, 3137 Trinity Drive, Costa Mesa, represent- storms epresentStorms ing residents in the Trinity Drive/Yellowstone Drive area, stated that after the storms in March, 1983, a letter was written asking that the drains be repaired immediately. She expressed her disappointment that the study is just being completed and no work has been done as yet. The City Manager reported that the Citywide Drainage Study will be on the Council Agenda for March 19, 1984. Julie Devlin, 354 Hanover Drive, Costa Mesa, voiced her opinion that the flooding that occurred last spring in the College Park area was because the Orange Coast College drainage is tied in with the system in her area. She requested separation of the two drainage systems. Grace Massello, 324 Hanover Drive, Costa Mesa, stated that the residents had asked that certain emergency steps be taken and felt that too much time has gone by with no work having been done. COUNCILMANIC COMMENTS ' � • JC UU �i►I14 1 Mayor Hall responded that the Council approved the drainage study so that when work does begin, a good job will be done. Sid Soffer, 900 Arbor Street, Costa Mesa, canplained about the drainage study and the new sound system in the Council Chambers. Councilman McFarland expressed concern for the flood victims and suggested that they protect themselves with flood insurance. The City Manager mentioned that the Redevelopment Agency meeting date has been changed frau March 7 to March 14, 1984: The Mayor declared the ATTEST: C' y ^Clerk_of,._the City -of -.Cos Mesa at 11:W p