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HomeMy WebLinkAbout05/07/1984 - City Council322 ROLL CALL RDGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MAY 7, 1984 The City Council of the City of Costa Mesa, met in regular session on May 7, 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 the Reverend Paul Thomas, Church of Christ. Council Members Present: Council Members Absent: Hall, Johnson, Hertzog, McFarland, Schafer None Assessment District On motion by Councilwoman Schafer, seconded by Council - No. 82-2, South man McFarland, Resolution 84-54, being A RESOLUTION OF Coast Metro Center THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AUDITOR'S RECORD FOR SPECIAL ASSESSMENT Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion -by Councilwoman Schafer, seconded by Council - April 16, 1984 waman Hertzog, and carried 5-0, the minutes of the regular meeting of April 16, 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 ordi- nances by title only. Fairview Mayor Hall announced that because of the many citizens Regional Park present to speak on the development of Fairview Regional Park, which is the last item on the Agenda, this matter will be taken out of order and discussed upon the arri- val of those people who will be making presentations. CONSENT CALENDAR The following items were removed frau the Consent Calen- dar: Items 8(a), 8(b), and 8(c), all concerning parking prohibition for street sweeping with a tow -away provi- sion; Item 13(c), Conference Advance for $400.00, for police officer to attend State pistol match; and Item 14(b) Final Map for Tract 11763, located at 207 East 16th Street. On motion by Councilwoman Schafer, seconded by Council- man McFarland, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Councilwoman Schafer, seconded by Council- man McFarland, Resolution 84-53,-beingA RESOLUTION OF Costa Mesa Hospital THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Auxiliary Commended RECOGNIZING AND COMMENDING THE COSTA.MESA MEDICAL CEN- TER HOSPITAL AUXILIARY, was adopted by the -following MOTION roll call vote: Resolution 84-53 AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Adopted McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Assessment District On motion by Councilwoman Schafer, seconded by Council - No. 82-2, South man McFarland, Resolution 84-54, being A RESOLUTION OF Coast Metro Center THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AUDITOR'S RECORD FOR SPECIAL ASSESSMENT '323 MOTION DISTRICT, namely, Assessment District No. 82-2, South Resolution 84-54 Coast Metro Center, was adopted by the following roll Adopted call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Councilwoman Schafer, seconded by Council- man McFarland, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Monette H. Novelli; State Farm Fire and Casualty Company, on behalf of Donald Ericksen; William Lauchlan; Attorney Warren C. Dean, Jr., on behalf of Tania Jackson; Attorney Warren C. Dean, Jr., on behalf of Alexander Wesley Jackson, a minor, by Guardian Ad Litem, Jerry Jackson; Attorney Warren C. Dean, Jr., on behalf of Jerry Jackson; Attorney Anthony J. LaBouff, on behalf of Christopher Mullay; Michael Douglas Hendrix; Autamobile Club of Southern California, on behalf of Janet and Donald Howell; Attorney Joseph B. Fingleton, on -- behalf of Raul Campo Ghymel; and Application for Leave to Present a Late Claim from Attorney Randall L. Hite, on behalf of Michael Charles and Donald S. Galloway. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses International House of Salads, Incorporated, doing business at 3333 Bristol Street, Space 1054; Byung Hi and Ki Sun Cho, doing business as Mr. B's, 2205 Fairview Road; Hye Young and Son Hong, doing busi- ness at 1888 Placentia Avenue; Gilbert 5-10-25¢, doing business at 257 East 17th Street; Barbara L. and Brian G. Becker, doing business at 88 Fair Drive; Hirohisa Matsunaga, doing business at 310 East 17th Street; Catherine J. and Dean Younghoon Kim, doing business at 2228 Newport Boulevard, No. 3; Carmen Garcia and Jesus Gallegos Isais, doing business at 600 West 19th Street, Suite D; and Wann Lai Corporation, doing business at 720 West 19th Street. Alcoholic Beverage License application which is being protested by the Planning staff: Thrifty Oil Company, 2021 Newport Boulevard, because of the lack of a Conditional Use Permit needed for expansion of existing service station. Recreational A resolution from the City of Brea in support of Facilities Act the California Park and Recreational Facilities Act of 1984, Proposition 18. Public Utilities A cammunication from Southern California Edison Commission Company to the Public Utilities Cammission filing changes in tariff schedules. Local Agency Notice of Public.Hearing from the Local Agency Formation Formation Commission, regarding Orange County Commission Reorganization No. 72, (reorganization.of ceme- tery districts into one countywide cemetery district). BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable United Scottish Purpose has been received from the United Scottish Society Society, Incorporated, 2317 Robinhood Place, Orange, to conduct a two-day cultural event and festival at the 324 MOTION Orange County Fairgrounds on May 25 and 26, 1984. On Permit Approved motion by Councilwanan Schafer, seconded by Councilman McFarland, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234J. SET FOR PUBLIC HEARING On motion by Councilwanan Schafer, seconded by Council- man McFarland, and carried 5-0, the following items were set for public hearing on May 21, 1984, at 6:30 p.m., in the Council Chambers of City Hall: SP -84-01, R-84-09, Specific Plan SP -84-01, and Rezone Petitions and R-84-10 R-84-09 and R-84-10, Costa Mesa City Council, to City Council consider development,standards and alternative zonings, including retention of the existing C2 (General Commercial) zone, or rezone to Cl (Neighborhood Canmercial) or CL (Coamercial Limited), for the following properties: 300 to 499 East 17th Street; 315 and 325 East 17th Place; and 1676, 1678, 1710, and 1714 Santa Ana Avenue. Environnental Determination: Negative Declaration. R-84-08 Rezone Petition R'-84-08, Jim Corcoran, authorized Corcoran/Robinson agent for Joseph Robinson, 315 Pirate Road, New- port Beach, for permission to rezone property at 360 Victoria Street frau R2 to R3. Envirornnental Determination: Negative Declaration. REJECTED CLAIMS F� On motion by Councilwanan Schafer, seconded by Council - Firefighters man McFarland, and carried 5-0, the claim frau the Costa Association Mesa Firefighters Association was rejected. Sucharov On motion by Councilwanan Schafer, seconded by Council- man McFarland, and carried 5-0, the claim from Bohdan G. Sucharov was rejected. Webber On motion by Councilwanan Schafer, seconded by Council- man McFarland,'and carried 5-0, an Application for Leave to Present a Late Claim fran Ann S. Webber was denied. ADMINISTRATIVE ACTIONS The Traffic Canmission has recammended that parking be prohibited on Jeanette Place, south of Cecil Place, on Prohibition of Thursdays 7:00 a.m. to 9:00 a.m., for street sweeping. Parking on A majority of the residents signed a petition request- equestJeanette JeanettePlace ing the parking prohibition. On motion by Councilwaman Schafer, seconded by Councilman McFarland, Resolution MOTION 84-55, being A RESOLUTION OF THE CITY COUNCIL OF THE Resolution 84-55 CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON Adopted THURSDAYS BETWEEN 7:00 A.M. AND 9:00 A.M. ON A PORTION OF JEANETI'E PLACE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Comission has recanmended that parking be Parking on prohibited on narrow portions of Randolph Avenue north Randolph Avenue of Baker Street. The prohibition is needed for access of fire trucks that will use Randolph Avenue after remodeling of the fire station. On motion by Council - MOTION wanan Schafer, seconded by Councilman McFarland, Resolu- Resolution 84-56 tion 84-56, being A RESOLUTION OF THE CITY COUNCIL OF Adopted THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF RANDOLPH AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None F� Je:: e_)rCa Initiating• The Planning Commission approved a 50 -lot single-family Annexation tract on the Wakeham School site with a condition that a to Landscape mandatory homeowners association or a Landscaping Assess - Assessment ment District be.formed to establish and to maintain District No. 1 landscaped setbacks along Smalley Road similar to that in Landscape Assessment District No. 1. Rather than establishing a new district, the Landscaping and Light- ighting ingAct of 1972 allows annexations to existing districts if certain conditions exist. On motion by Councilwoman MOTION Schafer, seconded by Councilman McFarland, Resolution Resolution 84-57 84-57, being A RESOLUTION OF THE CITY COUNCIL OF THE Adopted CITY OF COSTA MESA, CALIFORNIA, INITIATING PROCEEDINGS FOR AN ANNEXATION TO LANDSCAPE ASSESSMENT DISTRICT NO. 1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF. 1972, AS SET FORTH IN PART TWO OF DIVISION 15 (SECTION 22500 ET SEQ.) OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Route 55 Freeway CALTRANS has advised the City that the Route 55 Environ - Alternative H2 mental Impact Report (EIR) is nearing completion and has Alignment recommended Alternative H2, the City -preferred alignment east of Newport Boulevard between 17th and 20th Streets. Since an adopted route presently exists for the Route 55 Freeway west of Newport Boulevard, State law indicates that the City should request a modification to this adopted route in order to expedite proceedings to adopt the preferred alternative. On motion by Councilwoman MOTION Schafer, seconded by Councilman McFarland, Resolution Resolution 84-58 84-58, being A RESOLUTION OF THE CITY COUNCIL OF THE Adopted CITY OF COSTA MESA, CALIFORNIA, TO THE CALIFORNIA TRANSPORTATION COMMISSION REQUESTING MODIFICATION OF AN ADOPTED ROUTE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Expansion of the The Director of Public Services has requested Council CENTROCCS Phase I to adopt a resolution expanding the CENTROCCS Phase I Project Area Project Area and establishing the CENTROCCS Phase II Project Area by including all Costa Mesa land north of the Interstate 405 Freeway and north of the Route 73 Freeway. The request is based on the Inter -City Five -Year Transportation Study which has determined that developments proposed in north Costa Mesa and surrounding areas may severely affect traffic condi- MOTION tions in adjacent areas. On motion by Councilwoman Resolution 84-59 Schafer, seconded by Councilman McFarland, Resolution Adopted 84-59, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, EXPANDING THE CENTROCCS PHASE I PROJECT AREA AND ESTABLISHING THE CENTROCCS PHASE II PROTECT AREA AND ESTABLISHING FAIR DEVELOPMENT TRIP CHARGES, 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 Order "G" The Director of Public Services has recommended approval A.S.L. Consulting of Change Order "G", in the amount of $1,900.00, to the Engineers contract with-A.S.L. Consulting Engineers, 1201 East Warner Avenue, Santa Ana, in connection with design 19th Street plans for the 19th Street widening. This amount was Widening inadvertently included in a change order decrease for landscaping design work which was not performed. On MOTION motion by Councilwoman Schafer, seconded by Councilman Change Order McFarland, the change order was approved by the follow - Approved ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson,.Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference Advances On motion by Councilwoman Schafer, seconded by Council- man McFarland, a Conference Advance for $573.00, for a MOTION police officer to attend the Homicide Investigation Advance Conference in San Jose, June 11-15, 1984, was approved Approved by the following roll call vote:. AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilwoman Schafer, seconded by Council - Advance man McFarland, a Conference Advance for $388.50, for a Approved police officer to attend the Advanced Management Course at the San Diego Regional Training Center, May 14-18, 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 MOTION On motion by Councilwoman Schafer, seconded by Council - Advance man McFarland, a Conference Advance for $360.00, for a Approved police officer to attend the California Peace Officers Annual Training Conference in Anaheim, May 20-23, 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 Final Map for The Final Map was presented for Tract 11447, Coast View Tract 11447 Development, 160 Newport Center Drive, Suite 108, Coast View Newport Beach; one lot, 0.46 -acre, located at 2644 Development Elden Avenue, for condominium purposes. On motion by Councilwoman Schafer, seconded by Councilman McFarland, MOTION the map was approved; the Council did accept on behalf Map Approved of the City the ingress/egress easement for emergency and security vehicle purposes, and the three-foot ease- ment for public utility purposes as dedicated; did also approve said map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract 11823, Lockhard Tract 11823 and Associates, 2182 Dupont Drive, Suite 214, Irvine; Lockhard and one lot, 0.17 -acre, located at 1528 Orange Avenue, for Associates condominium purposes. On motion by Councilwoman Schafer, seconded by Councilman McFarland, the map MOTION was approved; the Council did accept on behalf of Map Approved the public the dedication of Palmer Street for street purposes; did also accept said map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City. The motion carried by the following roll call vote: Budget Adjustment No. 84-55/Rea Community Center MOTION Adjustment Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilwoman Schafer, seconded by Council- man McFarland, Budget Adjustment No. 84-55, in the amount of $107,000.001 for miscellaneous improvements at Rea Community Center, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: McFarland, Schafer None None Agreement with The Director of the Redevelopment Agency has requested 30th Street approval.of an agreement with 30th Street Architects, Architects 2821 Newport Boulevard, Newport Beach, in an amount not to exceed $5,000.00, for architectural services in Commercial connection with the Commercial Rehabilitation Program. Rehabilitation On motion by Councilwaman Schafer, seconded by Council - Program man McFarland, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. MOTION The motion carried by the following roll call vote: Agreement AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Approved McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Redevelopment Agency Director has requested approval Woodward Dike of an agreement with Woodward Dike, Incorporated, 479 Ocean Avenue, Laguna Beach, in an amount not to exceed Cammercial $5,000.00, for landscape architectural services in Rehabilitation connection with the Commercial Rehabilitation Program. Program On motion by Councilwoman Schafer, seconded by Council- man McFarland, the agreement was approved, and the Mayor MOTION and Clerk were authorized to sign on behalf of the City. Agreement -The motion carried by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Director of Public Services has requested approval F. T. Andrews of an agreement with F. T. Andrews, Incorporated, 1343 West Valencia Drive, Fullerton, for $10,500.00, to HVAC System design corrective action measures for improving the Civic Center HVAC (heating, venting, and air condition - MOTION ing) System's efficiency. On motion by Councilwoman Agreement Schafer, seconded by Councilman McFarland, the agreement Approved was approved, and the Mayor and.Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Director of Public Services has requested approval Boyle Engineering of an agreement with Boyle Engineering Corporation, 1501 Quail Street, Newport, in an amount not to exceed Drainage $25,650.00, for the design of five minor interim drain - Improvements age improvements. On motion by Councilwoman Schafer, seconded by Councilman McFarland, the agreement was MOTION approved, and the Mayor and Clerk were authorized to Agreement sign on behalf of the City. The motion carried by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Parsons, Brinkerhoff, Quade and Douglas Fairview Road Ibbankment Stabilization MOTION Agreement Approved The Director of Public Services-has.requested approval of an agreement with Parsons, Brinkerhoff, Quade and Douglas, Incorporated, 2323 North Broadway, Suite 200, Santa Ana, for $19,850.00, for professional engineering services needed to redesign the Fairview Road embank- ment stabilization. On motion by Councilwoman Schafer, seconded by Councilman McFarland, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 613 "A" Bids received for Bid Item 613, Revision "A", are on Paramedic Truck file in the Clerk's office. On motion by Councilwoman Schafer, seconded by Councilman McFarland, the contract MOTION was awarded to GMC Truck and Bus Company, Incorporated, Awarded to 6901 South Alameda Street, Los Angeles, in the amount GMC Truck and of $18,098.97, being the lowest bid meeting specifica- Bus tions. 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 Prohibition of The following Consent Calendar items were presented: Parking: Monrovia Avenue, Avocado Item 8 (a) - Parking prohibition for street sweeping Street, and Rutgers on Monrovia Avenue between 18th and 19th Streets, on Drive Tuesdays, 11:00 a.m. to 1:00 p.m. Item 8 (b) - Parking prohibition for street sweeping on Avocado Street between Fairview Road and College Avenue on Wednesdays, 8:00 a.m. to 10:00 a.m. Item 8 (c) - Parking prohibition for street sweeping on Rutgers Drive between Wilson Street and Avocado Street on Wednesdays, 8:00 a.m. to 10:00 a.m. The Traffic Commission requested that Council reconsider the tow -away policy and recommended that resolutions be adopted prohibiting parking for street sweeping for the above three items with tow -away provision.. Councilwaman Hertzog reported that she had canvassed the Avocado Street and Rutgers Drive neighborhoods and those residents favored citations instead of vehicle tow -away. Mayor Hall explained that at a previous meeting, the City Council agreed to do away with enforcement of the tow -away provision because the members felt that issu- ing citations is sufficient warning to motorists to remove their vehicles on street sweeping days. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, who owns property on Avocado Street, explained that a portion of that street is zoned cammercial and street sweeping during daytime hours presents a problem. The Director of Public Services reported that staff can make certain adjustments so that street sweeping in commercial areas and in residential areas will be at different times. He recommended that these items be referred back to Traffic Engineering for amend- ments, including deletion of the taxa -away provision. MOTION .-On motion by Councilwoman Hertzog, seconded by Vice Referred Back Mayor Johnson, and carried 5-0, Items 8 (a), 8 (b), to Traffic and 8 (c) were referred back to the Traffic Engineering Engineering Division for the amendments recommended by the Director of Public Services. Conference Item 13 (c) on the Consent Calendar was presented: A Advance Conference Advance for $400.00, for a police officer to attend the Concord Police Department State Pistol Match in Concord, and the California Highway Patrol State Pistol Match in Sacramento, May 18-20, 1984. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, expressed his opinion that attendance at pistol matches will not enhance the Police Department, and felt that the money should be spent for items of higher priority. The City Manager reported that the Police Department has had a pistol team.since 1953, that the team consists of four officers, and that the team enters four matches per year. He recanmended that the advance be approved. MOTION A motion was made by Councilman McFarland, seconded by Advance Councilwanan Schafer, to approve the Conference Advance Approved for $400.00. 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 Final Map for Item 14 (b) on the Consent Calendar was presented: Tract 11763 Final Map for Tract 11763, Steven L. Vensand, 207 East Vensand 16th Street, Costa Mesa; two lots and Lot 'W', 0.17 - acre, located at the above address, for condaninium Removed frau purposes. As requested by the Director of Public Agenda Services, Mayor Hall removed this item from the Agenda. OLD BUSINESS The Clerk presented the recommendations from Council Revenue Sharing Members Hertzog and McFarland/Program Screening Canmit Funds for Public tee concerning 1984-85 Federal Revenue Sharing/Catmunity Service Programs Development Block Grant public services allocations. Council Members Hertzog and McFarland referred to their memorandum of April 25, 1984, which explains the proce- dure for allocating funds for public service programs. The City issued applications for funding under the City's General Revenue Sharing/Community Development Block Grant (CDBG) programs to interested, nonprofit organizations serving Costa Mesa. A total of 26 appli- cations were received totaling $323,529.00 in requests. Available funding amounted to $226,500.00. The 20 organizations which were approved for funding are listed in the above mentioned memorandum, along with the amount of money allocated to each. Council Members Hertzog and McFarland also thanked the Assistant City Manager and the Administrative Assistant for their assistance with this project. MOTION A motion was made by Councilwoman Hertzog, seconded by Allocations Vice Mayor Johnson, approving allocation of funds to Approved public service organizations as recommended by the Program Screening Committee. 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 330 Parking in College The Clerk presented Traffic Commission recommendations Park/Amphitheatre concerning parking in the College Park area in connec- tion with the Pacific Amphitheatre patrons. The Director of Public Services referred to a letter from.the Transportation Services Engineer, dated May 3, 1984, which contains recommendations from the Traffic Commission. The Canmission voted unanimously against a permit parking program for.the subject area; however, one of their various recommendations endorses the clos- ing of the neighborhoods by using barricades this year and to have staff monitor and evaluate the effectiveness of the barricading program. In contrary to the above, the Director again recommended that Council adopt a permit parking program for the College Park area to control parking in that neighbor- hood during Amphitheatre concerts and other Fairgrounds events. The Director's recommendation is detailed in his letter dated May 3, 1984. Karen Millar, 223 Wellesley Lane, representing Concerned Citizens of Costa Mesa, asked that the barricade program be continued and to add permit parking as well. Don Baldwin, 203 Wellesley Lane, also a member of Con- cerned Citizens of Costa Mesa, stated that barricading the streets is not adequate protection and asked that an ordinance be adopted with a tow -away provision. Arlene Dowski, 332 Hanover Drive, agreed that the barri- cade program is not sufficient to alleviate the parking problems and requested that the City adopt an ordinance implementing a permit parking program. She suggested that more police officers be used to patrol the area. Mayor Hall felt that the only way to resolve the parking problem is to try permit parking. He recommended that if permit parking is implemented, it should be at no cost to the residents. The Mayor also suggested not to utilize a tow -away provision. Councilwoman Hertzog requested that the Amphitheatre management be advised of the permit parking if the Council approves that program. Councilman McFarland requested that consideration be given to parking restrictions on Saturdays and Sundays when the Swap Meet is being held at the Fairgrounds. Councilwoman Hertzog asked about including Clearbrook Lane within the parking restriction area. The City Manager confirmed that there is a severe problem on that street on weekends and suggested that staff meet with those residents. The City Manager asked if the parking citation bail can be set at $50.00 or $75.00. The City Attorney replied that he will investigate that possibility. MOTION A motion was made by Councilman McFarland, seconded by Staff Directed to Councilwoman Hertzog, and carried 5-0, directing staff Develop Permit to develop a permit parking ordinance to be submitted Parking Ordinance to the Council at the meeting of June 4, 1984. Hold Harmless The Clerk presented a Hold Harmless Agreement between Agreement with the City and the Newport -Mesa Unified School District School District which was a condition of approval for Zone Exception ZE-83-118. ..331 The City Attorney reported that Ray Schnierer, of the School District, has indicated that our agreement is unacceptable per County counsel. He forwarded the District's Hold Harmless Agreement which would hold each agency mutually harmless. The City Attorney recommended that the City's requirement be waived. MOTION On motion by Councilwoman Schafer, seconded by Council - Agreement woman Hertzog, and carried 5-0, the Hold Harmless Requirement Agreement requirement for Zone Exception ZE-83-118 was Waived waived. WARRANTS On motion by Councilwoman Hertzog, seconded by Vice Mayor Johnson, Warrant Resolution 1248 was approved MOTION by the following roll call vote: Warrant 1248 AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Approved McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilwoman Hertzog, seconded by Vice Warrant 1249 Mayor Johnson, Warrant Resolution 1249, including Approved Payroll 8408, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY REPORTS The City Attorney presented his request for City participation as amicus in support of the cities in the following cases: (1) Glendora Redevelopment Agency vs. Demeter; (2) Glendale Redevelopment Agency vs. Sardo; (3) Redevelopment Agency of Burbank vs. Gilmore; (4) de Roco vs. City of Oroville; (5) County of Butte vs. Bach (6) County Sanitation District No. 2 of Los Angeles County vs. Los Angeles County Employees' Association, Local 660 Service Employees International Union. A summary of these cases is contained in the City Attorney's memorandum dated April 18, 1984. MOTION On motion by Councilman McFarland, seconded by Council - Amicus woman Schafer, and carried 5-0, the City Attorney was Participation authorized to have the City of Costa Mesa participate Authorized as amicus in the above-named cases. Acquisition of The City Attorney presented a proposed settlement with Mar-Elden/Stephens Mar -Elden Development, Chris R. Stephens, et al, for Property for Del acquisition of property at 140 Del Mar Avenue and at Mar Avenue Widening 2603-2607 Elden Avenue, for the Del Mar Avenue widening. In his confidential memorandum of April 26, 1984, the City Attorney has detailed the proposed settlement. MOTION A motion was made by Vice Mayor Johnson, seconded by Settlement Councilwoman Hertzog, authorizing staff and attorneys Authorized to proceed with all steps necessary to settle the condemnation action as outlined in the above -referenced memorandum. 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 332 CITY MANAGER The City Manager presented a request for the services REPORTS of Gordon Bricken and Associates, 1621 East 17th Street, Suite K, Santa Ana, for monitoring sound emanating from Agreement with the Pacific Amphitheatre. Costs for these services are Gordon Bricken $425.00 per evening, with consultation time outside the report at $50.00 per hour. Sound Monitoring at Amphitheatre A motion was made by Councilwoman Schafer, seconded by Councilwoman Hertzog, authorizing the City Manager to MOTION sign the agreement for acoustical services. The motion Agreement carried by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Cultural Funding The City Manager presented his statement concerning a Policy Cultural Funding Policy. The City Council recently requested the City Manager's staff to research other canmunities within the State to determine if those communities fund cultural activities, and if they do, what type of policy do they use. The City Manager explained that the purpose of a Council policy concerning cultural arts would be to provide a set of uniform guidelines, conditions, and criteria governing the application and granting of funds to private organizations for the purpose of supporting their ongoing operational expenses and/or their sponsor- ship of special events. The City Manager then read the seven general policy statements which are contained in his memorandum dated March 26, 1984. MOTION On motion by Vice Mayor Johnson, seconded by Council - Cultural Policy woman Hertzog, and carried 5-0, the Cultural Funding Approved Policy recommended by the City Manager was approved. PUBLIC HEARINGS The Clerk announced that this was the time and place set for public hearings for Malcolm Ross, authorized agent Ross/Segerstran for C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, for undeveloped properties bordered by Sunflower Avenue, Fairview Road, the San Diego Freeway, and Harbor Boulevard: EIR Environmental Impact Report for the Hone Ranch Master Plan. GP -83-1B General Plan Amendment GP -83-1B, to amend the General Plan designation from Industrial Park to Commercial Center. R-83-02 Rezone Petition R-83-02, to rezone the property from MP, Industrial Park, to PDC, Planned Development Commercial. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Cammission made the following recommenda- tions: accept the Environmental Impact Report (EIR) as adequate; adopt a resolution approving General Plan Amendment GP -83-1B, Option I, and implementing Guide- lines A through E; and approve Rezone Petition R-83-02 by giving first reading to an ordinance. The Associate Planner gave a slide presentation of the project and summarized Option I, which is contained in the Staff Report. This alternative is the development proposed by the applicant for a land use designation of Commercial Center and is intended for large areas with 333 a concentration.of diverse or intense commercial uses. As it is intended -to be applied to large centers, both local and regional needs will be served, and ready access to transportation facilities is important. The site is appropriately located for the requested land use designation in that it is adjacent to a freeway as well as several major arterial streets and is not adjacent to any residential development. The Associate Planner also discussed traffic and air quality impacts, housing requirements, and the need for increased fire and police protection. Malcolm Ross, of C. J. Segerstrom and Sons, was present to answer questions from the Council and stated that the projected canpletion time for this project is 10 to 15 years. The Development Services Director reported that as each block is developed, traffic studies will be made to determine what mitigations must be made. He also stated that applicant will prepare housing plans during certain phases of construction and submit them to the City. Councilman McFarland mentioned that at the Study Session at which this item was discussed, it was indicated to Council that the housing required for the project is to be located within the City. Dave Leighton, 1074 Redding Avenue, representing the North Costa Mesa Hameowners Association, suggested that the residents in the area where new housing is planned should be consulted before a`housing plan is approved by the City. Mayor Hall explained that the.EIR requires that a hous- ing program be submitted before a project can proceed, and when that housing plan is presented to the City, public hearings must be held and at that time citizen input will be received. Mr. Leighton referred to the 144 units on South Coast Road, east of Fairview Road, which were approved as - affordable housing, but now the units are being constructed and "for rent" signs are posted on the site. The Development Services Director pointed out that although a project is designed to condaminium standards, it is legal for the owner to rent the units if he so desires. Bernard Simon, 1779 Tanager Drive, expressed his opinion that when a developer receives approval for construction of condaniniums, he should not be allowed to rent those units. Mayor Hall responded that it is a matter of free enter- prise and that the City did not have the authority to prevent a property owner'fram renting his units regard- less of the fact that those units were constructed to condominium standards, which is more expensive than rental construction. Jerry Ireland, 1934 Flamingo Drive, real estate broker, stated that it was his opinion that housing should be specified "for sale" or "for rent". Councilman McFarland expressed surprise at the comments by Mr. Leighton concerning the project on South Coast Drive near Fairview Road, and stated he felt that the property owner has the right to do what he wants with his project. Sid Soffer, 900 Arbor Street, Costa Mesa, was concerned about the additional traffic that this project will produce. Mayor Hall reiterated that this is a 10- to 15 -year project which has been studied for over a year. He reported that the project will create funds to improve traffic because the developer must pay $45.00 per trip end for traffic purposes. The Mayor also commented that if further construction were stopped in the City, traffic frau other cities would still cause increased traffic within the community. Denise Curry, 963 Arbor Street, Costa Mesa, agreed with Mr. Soffer regarding increased traffic, and also ques- tioned the property owner's right to sell or to rent his units. She felt that the City should have that authority. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, spoke in opposition to the project because of the increased traffic it will generate. f� MOTION On motion by Councilman McFarland, seconded by Vice Ordinance 84-15 Mayor Johnson, Ordinance 84-15, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading for CHANGING THE ZONING OF A PORTION OF THE LAND ALLOTTED R-83-02 TO JAMES McFADDEN IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, FROM MP TO PDC, 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 There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Councilman McFarland, seconded by EIR Accepted Vice Mayor Johnson, and carried 5-0, accepting the Environmental Impact Report for the Hame Ranch Master Plan as adequate, stipulating that all camments and attachments, as submitted, are to be included in the Report. Councilwoman Schafer stated that prior to a motion for General Plan Amendment GP -83-1B, there were certain additions she would like to -insert on Page 28, Para- graph B: All housing for sale or rent shall be located within the City of Costa Mesa only. This action does not imply approval of any specific location for housing required as part of these implementation guidelines. MOTION A motion was made by Councilwoman Schafer, seconded by Resolution 84-60 Councilwoman Hertzog, to adopt Resolution 84-60, being Adopted Approving A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA GP -83-1B MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -83-1B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, approving Option I and implementing Guide- lines A through E, and including the recammended addi- tions made by Councilwoman Schafer. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilman McFarland, seconded by Vice Ordinance 84-15 Mayor Johnson, Ordinance 84-15, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading for CHANGING THE ZONING OF A PORTION OF THE LAND ALLOTTED R-83-02 TO JAMES McFADDEN IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, FROM MP TO PDC, 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 33 RECESS The Mayor declared a recess at 8:40 p.m., and the meet- ing reconvened at 9:00 p.m. Mayor Hall announced that the next item would be taken out of order because of the many people who were in attendance for the appeal of Zone Exception ZE-84-65. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-84-65 set for the public hearing to consider an appeal of the Tucker Planning Canrnission's denial of Zone Exception ZE-84-65, from Dr. Renee Namaste Tucker, 3142 Cork Lane, Costa Mesa, for a Conditional Use Permit to operate a private, nonprofit social center, and to allow customer traffic in conjunction with hypnotherapy consultation in a single-family residence located at the above address in an Rl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No canmunications have been received. Mayor Hall reported that the Council had received a communication fram Dr. Tucker this evening supporting her appeal. The Development Services Director referred to staff's memorandum dated May 2, 1984, and reported that the Planning Cammission denied this application which was described as a Conditional Use Permit to operate a civic/community club to hold socials and discussion groups in a single-family residence. The appellant appealed the item, claiming that the association, Association Rennaissance Creators (ARC), is private and nonprofit, similar to other groups that conduct meetings on a regular basis in private homes. The Director pointed out that during the public hearing, it appeared that the use is a private, nonprofit social center being conducted in conjunction with private and group hypnotherapy classes. In view of this informa- tion, the request was modified: Conditional Use Permit to operate a private, nonprofit social center and to allow customer traffic in conjunction with hypnotherapy consultation in a single-family residence. The Costa Mesa Municipal Code expressly prohibits this use in all residential zones. Dr. Tucker was present to speak in support of her application and stated that her intent was to do the community a service. She agreed that traffic has increased since the socials started; however, she has received permission to use the parking lots of a nearby church, supermarket, and gasoline station. Dr. Tucker stated that in order to avoid further confusion, ARC will no longer offer hypnosis classes, and also men- tioned that she was not aware that her neighbors objected to the activities at:her hone until the Plann- ing Carnmission hearing. Steven Cherry, 3138 Cork Lane, stated that he is Dr. Tucker's neighbor and has never witnessed disorderly conduct or littering as a result of the activities at her residence. He asked that Council approve the application since Dr. Tucker has made arrangements for off-site parking. Jim Wagner, 3150 Bray Lane, spoke on behalf of all those residents in the audience opposing the permit. He stated that there is a parking problem in the neighbor- hood and traffic congestion due to the activities conducted at Dr. Tucker's home and urged Council to deny the application. Mayor Hall mentioned that an agreement between Dr. Tucker and the businesses offering use of their parking lots would be required for the off-site parking. He also expressed concern with traffic impacts on that residential area. Sid Soffer, 900 Arbor Street, commented that this appli- cation would only generate 300 to 2,000 trip ends while the previously approved Segerstron project will generate 77,000 trip ends. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Councilman McFarland, seconded by ZE-84-65 Councilwoman Schafer, and carried 5-0, denying Zone Denied Exception ZE-84-65 based on the analysis and findings contained in the Staff Report and in staff's memorandum May 2, 1984. NEW BUSINESS The Clerk presented the proposed development of Fairview Fairview Regional Park for public discussion. Regional Park Postcard notices were mailed to those people indicating they wished to be notified whenever Fairview Regional Park is scheduled to be discussed by the City Council. The following communications have been received: Letter from Robert W. Lynn, President of the Pacific Bluffs Homeowners Association, 2231 Pacific Avenue, Unit B-4, requesting that if a park must be developed in this area, that the proposed lake be located at the south end of the park and the campgrounds to the north. The letter also mentions that the residents were told when they purchased their condominiums, that the land below the bluffs could not be developed. Letter from Jon Paradis, President of the North Costa Mesa Homeowners Association, stating that the Associa- tion agrees with the position of the Mesa Verde Home- owners Association in that plans regarding Fairview Regional Park are proceeding too rapidly, an Environ- mental Impact Report has been completed, and the deci- sion making process should include input from citizens primarily impacted by the proposed development. Petition containing 108 signatures, requesting that all parking be planned north of the proposed lake. A petition containing 517 signatures was presented to the Clerk during the meeting. The petition expresses concern over the rapidly developing plans for the park. It also contains a request to eliminate the Recreational Vehicle Campground Area, that an environ- mental impact study and report be provided, and that other uses be offered to residents living in the area so that Council might have more citizen input. The Director of Leisure Services introduced the follow- ing persons: Ralph Hudson, Chief Recreation Facilities Design, County of Orange; Richard Hume, Vice President of The Reynolds Environmental Group, preparers of the General Development Plan (GDP) Report; and Doreen Marshall, from the office of Thomas Riley, County Supervisor for the Fifth District. Richard Hume, Reynolds Environmental Group, 3190-J Airport Loop Drive, Costa Mesa, summarized the General Development Plan Report which was presented to the Mesa L� 337 Verde Homeowners Association a few weeks ago, and pre- sented to the City Council at the Study Session of April 9, 1984. The park site contains 283 acres, of which 26 acres are owned by the City and the remainder are owned by the County. The draft plan proposes an 18 -hole golf course, six softball fields, a 22 -acre lake, and recreational vehicle camping. One-half of the site will be reserved for open space, trails, picnic area, and natural habi- tats. The site will also contain an entry booth and administrative building. Dr. Alfred Gobar, of Alfred Gobar and Associates, Incorporated, Brea, reviewed Appendix D, Revenue and Cost Analyses for Fairview Regional Park, which was prepared by his corporation. Exhibit I is a summary of projected revenues for park uses which exclude golf courses and the slow pitch soft- ball oftball complex, Park uses in Exhibit I include picnicking, bicycling, lake fishing, and boating. Projected revenue from these activities is $648,883.00 per year, with operating expenses projected at $600,000 per year. The Revenue and Cost Analyses states that camping or a recreational vehicle campground is a component that implies significant revenue potential but which, for public policy reasons, may not be a desirable element in the ultimate design of the park. Exhibit II is a summary of the probable financial out- come of developing the 120 -acre portion of the park site for a golf course as distinct from the assumption in Exhibit I that the 120 acres would be developed for turf, trees, and open space. Exhibit III summarizes the financial outcome for each investment level assumption for three hypothetical alternatives regarding how the facility would be oper- ated. Exhibit IV details the various combinations of proposed uses. The Director of Leisure Services reported that per the agreement between the City and the County, each agency must pay half the maintenance costs for the park. George Dernbach, 2065 Swan Drive, stated that he and several other residents had discussed this project with the Fountain Valley police personnel since that city presently has a regional park, Mile Square Park. The police officer reported that response time by the sheriff's department for that park is inadequate. Fountain Valley had offered to do its own patrolling; however, the County did not wish to pay the cost. Gilbert Collins, 3159 Sharon Lane, teacher at Estancia High School, expressed several points of opposition to the draft development plan: it proposes nothing for children's activities, such as skateboarding, or grass skiing, and preservation of wildlife and vegetation is not adequate. Mr. Collins favored elimination of night time activities, and reduction of the size of the golf course to nine holes. He mentioned that he stated his ideas in a letter to Mayor Hall and the Director of Leisure Services. Ed John, 2239 Pacific Avenue, stated that his property extends to the bottom of the bluff, and requested that the park be fenced to protect the residents from vandalism. John Vozenilek, 2271 Pacific Avenue, spoke in opposition to the proposed recreational vehicle campsite because of noise and the cost of additional police protection. Margaret Weaver, 2211 Pacific Avenue, also opposed the campsite unless the plan is amended by relocating it to the north side of the proposed lake. Jim Wagner, 3150 Bray Lane, opposed any development of the park. Larry Campeau, 1955 Balearic Drive, objected to having a campground within the City limits. He felt security would be inadequate, the lake would be for the benefit of the campers, not the community, and asked that the campground proposal be eliminated from the plan. Art Reese, 2069 Swan Drive, expressed concern with traffic and noise impacts if the park is developed. He also suggested that an Environmental Impact Report be prepared. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, opposed the man-made lake because it would be costly to maintain and not environmentally clean. Dick Mehren, 1824 Kinglet Circle, favored the site being kept in its present wildlife state. He felt that there has been too much development in the City and that this site may be the last open space remaining in the cammun- ity. Mr. Mehren also opposed the plan for a third golf course within the City. Peter Moore, 1016 Nancy Lane, was concerned with environment and drainage. Mr. Moore referred to the storm in March, 1983, at which time much flooding occurred in his neighborhood, including his own hare. Sid Soffer, 900 Arbor Street, stated that the residents near the park site should be given every consideration regarding this development and suggested that this project be put on a ballot. Alan Weber, 2166 Pacific Avenue, commented that the proposed plan is an overdevelopment of the site, and overdevelopment produces failure. He further remarked that the citizens do not want the lake nor the campsite, and in view of this, the park should remain as is. Stephen McNash, 2292 Canyon Drive, reported that his property is very close to the park and recammended that a portion of the site be reserved for equestrian use. Mr. McNash approved of the proposed lake. Ken Wayman, spoke on behalf of the Newport -Mesa Unified School District, 1601- 16th Street, Newport Beach, and expressed the Board's desire that the archeological and wilderness sites be preserved. He voiced concern over increased traffic. Mr. Wayman reported that the School District Board has expressed its willingness to cooper- ate with the City and the cammunity regarding develop- ment of the site. William Vermolen, 998 Modjeska Circle, opposed the recreational vehicle campsite alternative and urged Council to retain the park in its natural state. Phil Salisbury, 1711 Skylark Lane, Newport Beach, representing the Harbor Soaring Society, reported that the remote control gliders which they fly are very quiet. He mentioned that this group has used other City and County properties for this activity for which they have paid a fee. Mr. Salisbury expressed a desire to use the regional park in the future. Jonathan Schiesel, 1898 Parkcrest Drive, agreed with the comments made earlier by Mr. Collins of Estancia High School regarding the need for facilities for children. He asked if a citizens' committee will be formed to submit input for the proposed development. Jack Ross, 1865 Swan Drive, stated that he liked the idea of a golf course but was concerned about the loca- tion of the starting facility and parking lot. He asked that it not be located near the residences. Michael Noonan, 2293 Pacific Avenue, requested that the park remain as it is. Mayor Hall commented that an Environmental Impact Report will not be done until after a decision has been made for the park development. He also noted that most of those who spoke this evening were opposed to the campground. At the request of the Mayor, the City Manager explained that the County purchased the property approximately 8 to 10 years ago at a total price of $4 million. He reported that the City and County have a joint develop- ment agreement and any plans for the park must be approved by the City. The Manager also expressed con- cern over the proposed campsite and lake. He suggested that the City could proceed in forming a citizens advisory committee to discuss all options. Ralph Hudson, representing the County of Orange, was present to answer questions from the Council. In response to the Mayor's inquiry, he advised that there is a time constraint as far as the State is concerned. The time limit stated in the County's agreement with the State for development of the park is 10 years and that time has already past. During discussion, it was mentioned that there are many questions to be answered concerning extension of time, the City's alternatives for development or a decision not to develop, and formation of a citizens committee. Vice Mayor Johnson stated that the County should realize that more time is needed to resolve this issue. Coun- cilman McFarland preferred keeping the site as it is but felt it probably isn't realistic. End of Fairview The City Manager recommended that one other alternative Park Discussion be considered, and that is for the City to purchase the land from the County. RECESS Mayor Hall declared a recess at 11:45 p.m. and the meeting reconvened at 11:55 p.m. PUBLIC HEARING The Clerk announced that this was the time and place R-84-06 and set for the public hearing for Rezone Petition R-84-06, ZE-84-54 Keith Murdoch and Alan Osborn, 516 Wedgewood Drive, Murdoch/Osborn/ Anaheim, authorized agents for Ramb Associates, doing Commerce Park business as Commerce Park - Costa Mesa, 3303 Harbor Boulevard, Suite F-8, Costa Mesa, for permission to rezone property at that address from MP, Industrial Park, to PDI, Planned Development Industrial. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. 340 The Clerk also presented Zone Exception ZE-84-54, for approval of a list of specified non -industrial uses for an existing industrial development. The Development Services reviewed the Staff Report and staff's memorandum of May 2, 1984, and referred to the Council Study Session of April 30, 1984, when questions arose regarding increased traffic generated by the rezone. Staff suggests that since the commercial uses will primarily serve the adjacent industrial uses, traffic impacts should be minimal. The Planning Commission and Planning staff recanmended approval. Keith Murdoch was present to answer any questions from the Council, but there were none. Mr. Murdoch agreed to all conditions of approval for the zone exception. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Council - Ordinance 84-16 man McFarland, the Negative Declaration of Environmental Given First Impact was adopted, and Ordinance 84-16, being AN ORDI- Reading NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF THE LAND ALLOTTED TO JAMES McFADDEN AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE'RANCHO SANTIAGO DE SANTA ANA, FROM MP TO PDI, 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 MOTION On motion by Councilman McFarland, seconded by Council- ZE-84-54 wanan Hertzog, and carried 5-0, Zone Exception ZE-84-54 Approved was approved subject to conditions and modification of Attachment "A" as recanmended by the Planning Commis- sion. PUBLIC HEARING The Clerk. announced that this was the time and place Abandoned set for the public hearing to consider a proposed Vehicles ordinance concerning abandoned, wrecked, dismantled, or inoperative vehicles. The Affidavit of Publication is on file in the Clerk's office. A petition has been received containing 14 signatures, in support of the ordinance. The Development Services Director outlined the modifi- cations to Municipal Code Sections 11-65 et seq. which are contained in staff's memorandum of May 2, 1984. Section 11-65.1 has been added which gives the City enforcement alternatives. A definition of an inopera- tive vehicle has been added to Section 11-66. Subsec- tion (a)(2) of Section 11-67 has been modified by removing the phrase "or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise". Subsection (a)(3) of Section 11-67 has been reworded to refer specifi- cally to a Conditional Use Permit. Roy Pizarek, 1923 Whittier Avenue, reported that he had done a survey of inoperative vehicles in his neighbor- hood several weeks ago and he found there were 97 vehicles. He submitted his documentation to the Clerk. Mr. Pizarek mentioned that the residents in his area will form a committee and advise the City of those in violation of the ordinance. n 341 Denise Curry, 963 Arbor Street, stated that she has just become aware of the dangerous conditions caused by abandoned vehicles, for example, potention fire hazards. She also mentioned that these vehicles have a negative effect on the appearance of the neighborhood. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, expressed opposition to the proposed ordinance and expressed his.opinion that the Council was not approach- ing the problem correctly. Sid Soffer, 900 Arbor Street, also opposed the ordi- nance. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Councilman McFarland, seconded by Council - Ordinance 84-17 woman Schafer,. Ordiance 84-17, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading CONCERNING ABANDONED, WRECKED, DISMANTLED, OR INOPERA- TIVE VEHICLES, 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 the public hearing to consider an Appeal of ZE-83-121 appeal of the Planning Commission's denial of Zone Curtis/Botts Exception ZE-83-121, from Jack Botts, 2490 Fairview Road, Costa Mesa, for an extension of time for a Conditional Use Permit to allow off-site parking by Pacific Amphitheatre patrons on a seasonal basis, for property located at the above address in a C1 -CP zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. Communications in opposition to the permit have been received from Veronica and Douglas Rhodes, 328 Hanover Drive, Costa Mesa; and from Arlene and Arthur Dowski, 332 Hanover Drive, Costa Mesa. The Development Services Director referred to staff's memorandum dated May 2, 1984, which states that the Planning Commission denied renewal of the permit because they felt that approval would allow the management of the Fairgrounds and Amphitheatre to avoid the responsi- bility of mitigating the adverse impacts of the various uses on the surrounding neighborhoods. Staff is con- cerned because of potential traffic circulation and pedestrian traffic problems as well as the site's loca- tion directly adjacent to a residential neighborhood. Tobie Curtis, authorized agent for Mr. Botts, 2349 Notre Dame Read, Costa Mesa, mentioned that he resides in the College Park area which has been severely impacted by traffic generated by the Fairgrounds and Amphitheatre. Mr. Curtis stated that this permit had been approved for the prior year, and since there have been no complaints from the neighbors, and since the managers of the Fairgrounds and Amphitheatre have done nothing to improve the parking and traffic situation, he felt Mr. Botts's request should be approved. He also mentioned that if parking is allowed at subject site, it would alleviate the parking problems being encountered in the nearby neighborhoods. Mr. Curtis commented that the applicant -has a right to use his property to produce additional income and pointed out that the Amphitheatre patrons will park on the site anyway and under those circumstances, there would be no supervision of the premises. Mayor Hall expressed agreement with sane of Mr. Curtis's comments and stated that the applicant was in the middle of an unpleasant situation. Mayor Hall reported that he was with the police while they patrolled the area on a Saturday night when a concert was being held, and noticed that cars were parked at applicant's business even though the gas station was closed. Councilman McFarland stated that the people that sent letters opposing the request do not live near the applicant's property. He felt that since the nearby neighbors have not voiced any objections that the permit should be approved. Mr. Curtis agreed to all conditions except Condition No. 4, "Applicant shall ensure that all trash between the Amphitheatre and the site is cleaned up after the performances". Mr. Curtis stated this is unrealistic and agreed to trash clean-up on the site only. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Councilman McFarland, seconded by Extension of Councilwoman Schafer, to approve the extension of Zone ZE-83-121 Exception ZE-83-121 subject to all conditions contained Approved in the Staff Report, with Condition No. 4 modified to read that applicant is responsible for cleaning his own property but not the public right-of-way; and based on the following findings: applicant is willing to meet the conditions as modified; and approval of the request is not detrimental to the area nor does it cause a hazard for pedestrians because of the crosswalk and signals located at that intersection. The motion was seconded by Councilwoman Schafer, and carried 3-2, Mayor Hall and Councilwoman Hertzog voting no. NEW BUSINESS The Clerk presented Zone Exception ZE-84-78, Richard A. ZE-84-78 Sewell, 136 Rochester Street, Costa Mesa, authorized Sewell/School agent for the Newport -Mesa Unified School District, Post District Office Box 1368, Newport Beach, for a Conditional Use Permit to exceed the allowable density, and variances from open space, parking, building height, building separation, and setback requirements, for a 79 -unit apartment project at 1857 Placentia Avenue in an R4 zone. Environmental Determination: Negative Declara- tion. A communication was submitted to the Clerk from Robert E. Weimar, 823 Towne Street, Costa Mesa, opposing the project. The Development Services Director showed slides of the property and reviewed staff's memorandum of May 3, 1984. As the memorandum indicates, the project is being processed under the provisions of State law relating to density bonuses for affordable housing projects. A second aspect is an agreement between the builder and the City to assure that the units in the density bonus program are made available to low- and moderate -income households. While Mr. Sewell has indicated general acceptance of the Density Bonus Agreement, he would prefer to limit the qualifying units to one -bedroom units while staff prefers to provide a mix of both one - and two-bedroom units. The Development Services Director also mentioned that nine residents from the Towne Avenue single-family 343 tract south of the project site met with the applicant to voice their concerns regarding the project. The applicant offered to provide adjacent residents with trees to further buffer their hares fran the proposed apartment project. In view of this information, staff suggests that Condition No. 39 be added: "Applicant shall provide three 15 -gallon trees, to be selected by the applicant, to interested haneowners on Towne Avenue who back up to the subject property". Richard Sewell was present and explained that the 17 units which must be set aside for low- and moderate- incane households should be determined by what the market demands at certain times. He pointed out that the bonus agreement is a 30 -year contract and he felt that the mix of one-bedroan and two-bedroan units should be determined by the market demand. The Development Services Director stated that he is confident that the applicant will work with the City regarding the above matter; however, he felt that this type of option may set a precedent. Sid Soffer, 900 Arbor Street, stated that the local newspaper no longer prints local news. Mr. Soffer aired his concerns regarding development of Fairview Regional Park. Lastly, he mentioned the graffiti problem which exists at Whittier Elementary School and in the vicinity of Whittier Avenue and 19th Street. Terry Lovitt, owner of apartment units at 863 Center Street, Costa Mesa, stated that his property is located in the vicinity of the Sewell project which was approved this evening. He reported that he has done extensive upgrading of his property and others in the area have done the same; however, he and others in the neighbor- hood are having a difficult time renting their units because of drug trafficking, prostitution, and litter. He stated that the police have been very helpful and asked that the City assist in cleaning up that area. Costa Mesa Float Les Becker, 465 Cambridge Circle, Costa Mesa, member of the Costa Mesa -Newport Harbor Lions Club, requested funding, in the amount of $2,600.00, for the Costa Mesa Float which will be used in the Lions Club parade and three other parades in the County. Mr. Becker stated that the theme for the float is "Salute to Sports". Mr. Sewell concluded by stating that this project is not a good environment for children because of the • high density. He agreed to all conditions of approval except the unit mix recamnended by staff. MOTION On motion by Councilwanan Schafer, seconded by Council- ZE-84-78 man McFarland, and carried 5-0, the Negative Declaration Approved of Envirornental Impact was adopted. On motion by Coun- cilwanan Schafer, seconded by Councilwanan Herzog, and carried 5-0, Zone Exception ZE-84-78 was approved subject to conditions contained in the Staff Report, including the addition of Condition No. 39; and with the mix of units to be at the discretion of the developer. ORAL COMMUNICATIONS Denise Curry, 963 Arbor Street, suggested the following: that Oral Canmunications be held at the beginning of the meeting; and that Council Members should be elected frau certain districts. She also mentioned that she has had sane problems with the City's parkway tree roots on Arbor Street. The Mayor replied that she should contact the Leisure Services Department so that staff can resolve that matter. Mrs. Curry requested that more Staff Reports be made available to the public. Sid Soffer, 900 Arbor Street, stated that the local newspaper no longer prints local news. Mr. Soffer aired his concerns regarding development of Fairview Regional Park. Lastly, he mentioned the graffiti problem which exists at Whittier Elementary School and in the vicinity of Whittier Avenue and 19th Street. Terry Lovitt, owner of apartment units at 863 Center Street, Costa Mesa, stated that his property is located in the vicinity of the Sewell project which was approved this evening. He reported that he has done extensive upgrading of his property and others in the area have done the same; however, he and others in the neighbor- hood are having a difficult time renting their units because of drug trafficking, prostitution, and litter. He stated that the police have been very helpful and asked that the City assist in cleaning up that area. Costa Mesa Float Les Becker, 465 Cambridge Circle, Costa Mesa, member of the Costa Mesa -Newport Harbor Lions Club, requested funding, in the amount of $2,600.00, for the Costa Mesa Float which will be used in the Lions Club parade and three other parades in the County. Mr. Becker stated that the theme for the float is "Salute to Sports". 344 MOTION A motion was made by Councilman McFarland, seconded by Funds Councilwanan Schafer, authorizing the expenditure of Authorized $2,600.00 for the Costa Mesa Float, with the funds to be obtained frau the Pranotional and Advertising account. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINING: COUNCIL MEMBERS: Johnson ADJOURNMENT The Mayor declared the meetin ourned at 1:15 a.m. Mayor o the City of osta Mesa ATTEST: C' y Clerk of the City of Costa Mes