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HomeMy WebLinkAbout09/04/1984 - City Council- X59 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 4, 1984 The City Council of the City of Costa Mesa, met in regular session on September 4, 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 Vice Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Kenneth Krause, St. Joachim Catholic Church. ROLL CALL Council Members Present: Hall, Johnson, Hertzog, McFarland, Schafer Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Councilwanan Schafer, seconded by Council - August 20 and woman Hertzog, and carried 5-0, the minutes of the August 23, 1984 regular meeting of August 20, 1984, and the adjourned regular meeting of August 23, 1984, were approved as distributed and posted. CONSENT CALENDAR The following items were removed fran the Consent Calendar: Item 5(d), claim from Gerald E. Odegaard; Item 17, Resolution regarding the first amendment to Redevelopment Project Area No. 2; Item 18, Resolution consenting to a joint public hearing for the first amendment to Redevelopment Project Area No. 2; and Item 21, Bond Financing and Agreement for Regis Homes Corporation. On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, 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 READING FOLDER On motion by Councilwoman Schafer, seconded by Council- wanan Hertzog, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: William G. Lux; and Attorney Joel W. H. Kleinberg on behalf of Mart Roht. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses The Standard Soup Canpany, doing business as Salmagundi's, 3333 Bristol Street, Suite 1212; and Joe Larry Urban, doing business as Moore Flowers, 1215 Baker Street, Suite A. Federal Deficit A resolution fran the City of Westminster urging Spending reduction of Federal deficit spending and sup- porting a balanced Federal budget. Firefighter Letter fran the United States Postal Service, Personnel commending the personnel at the Royal Palm Fire Commended Station for the manner in which they have 460 responded when emergency medical assistance has been needed. Public Notice from Pacific Bell that it has filed an Utilities amendment to Application No. 83-06-65 with the Commission Public Utilities Commission concerning access charges. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose has been received frau Girl Scout Council of Girl Scouts Orange County, 1620 Adams Avenue, Costa Mesa, by REJECTED CLAIMS solicitation of funds through sale of calendars from MOTION October 18 to November 30, 1984, and sale of cookies Permit from January 24 to March 24, 1985. On motion by Approved Councilwoman Schafer, seconded by Councilwoman Hertzog, Williams and carried 5-0, the permit was approved with applica- tion of Section 9-234J of the Municipal Code. SET FOR PUBLIC On motion by Councilwoman Schafer, seconded by Council - HEARING woman Hertzog, and carried 5-0, the following items were set for public hearing on September 17, 1984, at 6:30 p.m., in the Council Chambers of City Hall: R-84-15 Rezone Petition R-84-15, Craig and Virginia Cooley Cooley, 229 Del Mar Avenue, Costa Mesa, for permission to rezone property at the above address from Rl, single-family residential, to R2, multiple -family residential. Environ- mental Determination: Exempt. Amendment to Request from Hoffman Business Consultants, SP -82-01A Incorporated, authorized agent for Q. B. Properties, 1601 Dove Street, Newport Beach, to amend Specific Plan SP -82-01A for increased floor area ratio and building height at 3150 Bristol Street. Environmental Determination: Negative Declaration. REJECTED CLAIMS On motion by Councilwoman Schafer, seconded by Council - Furst waman Hertzog, and carried 5-0, the claim frau Jacqueline Furst was rejected. Williams On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the claim from Mary Jane Williams was rejected. Edison Company On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the claim from Southern California Edison Canpany was rejected. ADMINISTRATIVE ACTIONS One bid received for Bid Item 630, Instant Dry Traffic Line Paint, is on file in the Clerk's office. On motion Bid Item 630 by Councilwoman Schafer, seconded by Councilwoman Traffic Line Paint Hertzog, the contract was awarded to Pervo Paint Company, 6624 Stanford Avenue, Los Angeles, in the MOTION amount of $8,032.15. The motion carried by the follow - Awarded to ing roll call vote: Pervo Paint AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Tanager Park Bids received for Installation of Mowstrips at Tanager Mowstrips Park are on file in the Clerk's office. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, MOTION the contract was awarded to lst Class Construction and Awarded to Development Company, 119 East Alton Street, Suite F, lst Class Santa Ana, in the amount of $6,422.56, being the lowest Construction bid meeting specifications. The motion carried by the following roll call vote: .&I AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None Change Order No. 1 The Director of Public Services has requested approval Slurry Mix Company of Change Order No. 1, in the amount of $3,500.00, to the contract with Slurry Mix Company, Incorporated, 5500 East Second Street, Long Beach, in connection with the 1983-84 Slurry Seal Program. The change order is MOTION for additional slurry seal on Placentia Avenue. On Change Order motion by Councilwaman Schafer, seconded by Council - Approved woman Hertzog, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 3 The Director of Public Services has requested approval Smith Electric of Change Order No. 3, in the amount of $3,740.91, to the contract with Smith Electric Supply, Post Office Harbor Boulevard Box 68, Stanton, in connection with the Harbor Boule- Interconnect vard Interconnect Project. The change order is for Project repair of an electrical conduit previously installed along Fair Drive between Harbor Boulevard and Fairview MOTION Road. On motion by Councilwoman Schafer, seconded by Change Order Councilwoman Hertzog, the change order was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Orders The Director of Public Services has requested approval No. 2 and No. 3 of Change Order No. 2, in the amount of $51,681.21, and Clarke Change Order No. 3, in the amount of $19,071.73, to the Contracting contract with Clarke Contracting Corporation, 1218 South Alameda Street, Compton, in connection with Assessment Assessment District No. 82-2, South Coast Metro Center. The change District No. 82-2 orders are for additional improvements requested by the City. On motion by Councilwoman Schafer, seconded by MOTION Councilwoman Hertzog, the change orders were approved Change Orders by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for Tract No. 12135 Lucas MOTION Map and Agreement Approved The Final Map and a Subdivision Agreement were presented for Tract No. 12135, Lucas Development Company, 2950 Airway Avenue, Suite A-13, Costa Mesa; one lot, 0.48 - acre, located at 117 East Wilson Street, for condominium purposes. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, the map and agreement were approved; the Council did accept on behalf of the public the dedication of an easement for emergency and public security ingress and egress as shown on said map; the Clerk was authorized to sign the map, and the Mayor and Clerk were authorized to execute the agreement on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None Conference On motion by Councilwoman Schafer, seconded by Council - Advances woman Hertzog, a Conference Advance, in the amount of $675.00, for the Cammunications Director to attend the MOTION Advance Approved 1984 ber call Annual NATOA Conference in Tucson, Arizona, Septem- 23 to 26, 1984, was approved by the following roll 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 Approved woman Hertzog, a Conference Advance, in the amount of $385.00, for a police captain to attend an FBI National Academy 1984 Training Session in San Francisco, Septem- ber 30 to October 2, 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 Prohibition of The Traffic Commission has recommended that parking be Parking on Baker prohibited on Baker Street, from Mesa Verde Drive East Street to Andros Street, to improve all neighborhood. parking problems in that vicinity. On motion by Councilwoman MOTION Schafer, seconded by Councilwoman Hertzog, Resolution Resolution 84-111 84-111, being A RESOLUTION OF THE CITY COUNCIL OF THE Adopted CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF BAKER STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement The Director of Public Services has requested approval Airborne Systems of an agreement with Airborne Systems, Incorporated, 10700 Walker Street, Cypress, for $99,600.00, to furnish Aerial Contour aerial contour maps; and for an additional amount of Maps $2,975.00 for one set of negatives. On motion by Coun- cilwoman Schafer, seconded by Councilwoman Hertzog, the MOTION agreement was approved by the following roll call vote: Agreement Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement The Director of Public Services has requested approval City of Santa Ana of an agreement with the City of Santa Ana to share maintenance costs for a traffic signal now under Signal construction on Sunflower Avenue at Main Street. The Maintenance City of Santa Ana will maintain the intersection and the City of Costa Mesa will reimburse Santa Ana for MOTION two-thirds of the costs. On motion by Councilwoman Agreement Approved Schafer, seconded by Councilwoman Hertzog, the agree- ment was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement The Director of Public Services has requested approval Sikand Engineering of an agreement with Sikand Engineering Associates, 15 Marconi, Irvine, for $29,000.00, for a design study, Design for Santa including complete design of Reach 1 and 2 for the Santa Ana -Delhi Drainage Ana -Delhi drainage area. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, the agreement MOTION was approved by the following roll call vote: Agreement Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Grant of Easement A request has been received from the Orange County Water to Orange County District, Post Office Box 8300, Fountain Valley, for an Water District easement for access, construction, operation, inspec- tion, and if necessary, repair of the water line along the north side of the Costa Mesa Golf Course, fram the MOTION westerly to the easterly boundary. On motion by Easement Approved Councilwoman Schafer, seconded by Councilwoman Hertzog, the easement was approved, and the Mayor and Clerk were authorized to execute the document 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 Improvements in Improvements in Tract 12008 have been canpleted to the Tract 12008 satisfaction of the Director of Public Services by Newport Harbor Newport Harbor Builders, Incorporated, 1539 Monrovia Builders Avenue, Newport Beach, for property located at 2649 Elden Avenue. On motion by Councilwoman Schafer, MOTION seconded by Councilwoman Hertzog, the work was Work Accepted accepted, and the monumentation bond was ordered exonerated. 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 Notice of The Civic Playhouse Renovation at Rea Canmunity Center Canpletion has been canpleted to the satisfaction of the Director Civic Playhouse of Leisure Services by Spec Builders, 22131 Bianco, Laguna Hills. On motion by Councilwoman Schafer, sec- onded by Councilwaman Hertzog, the work was accepted; MOTION the Clerk was authorized to file a Notice of Canpletion; Work Accepted the Council ordered the exoneration of the Performance Bond and release of retention funds 35 days after the Notice of Canpletion has been filed, and ordered the Labor and Material Bond exonerated seven months after the Notice of Canpletion has been filed. 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 Envirornnental Studies for Del Mar Avenue MOTION Staff Directed to Initiate Studies for Del Mar Avenue Reimbursement to C. J. Segerstram for Adams/Royal Palm Improvements The Director of Public Services has recanmended that the $25,000.00 which has been allocated for the Victoria Street Envirornnental Impact Report (EIR) be used instead to prepare the necessary EIR for Del Mar Avenue. The reason for the recommendation is because a capital improvement on Victoria Street is not planned for the next two years, and the City intends to improve a por- tion of Del Mar Avenue, from Newport Boulevard to Elden Street, perhaps as early as the next fiscal year. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, and carried 5-0, staff was directed to initiate envirormnental studies for Del Mar Avenue. The Director of Public Services has requested approval to reimburse C. J. Segerstran and Sons, 3315 Fairview Road, Costa Mesa, for costs of traffic signal work at Adams Avenue and Royal Palm Drive. The Segerstrams recently completed reconstruction of the driveway for the Mesa Verde Center located at Adams Avenue and Royal Palm Drive. This reconstruction included traffic signal loop work and relocation of the traffic signal pole requested by the City. The cost for the traffic signal 4-63 MOTION improvements totaled $10,741.57. On motion by Council - Reimbursement woman Schafer, seconded by Councilwoman Hertzog, Approved reimbursement to the Segerstroms was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSE92: COUNCIL MEMBERS: None Bond Financing Applications for bond financing have been received frau and Cooperative Sewell Development and J. Ray Construction. The Sewell Agreements for affordable rental project is located at 1857 Placentia Sewell Development Avenue; the J. Ray project is at 867-877 West 19th and for J. Ray Street. Both projects have been approved under the Construction Density Bonus Program and meet criteria in at least three of the five major categories of Council Policy No. 500-1. MOTION On motion by Councilwoman Schafer, seconded by Council - Bond Financing woman Hertzog, and carried 5-0, the applications for and Agreements bond financing were approved, and staff was authorized Approved to execute Cooperative Agreements with the County of Orange which approve the County -issued Mortgage Revenue Bonds for the projects, subject to the following conditions: (1) Twenty percent of the units (affordable units) shall be rented at rental rates not exceeding Orange County Fair Market rents as established for the Section 8 existing housing rental pro- gram (included in the Density Bonus Agreement); (2) The affordable units will be offered first to Section 8 certificate holders through the Orange County Housing Authority (included in'the Density Bonus Agreement); (3) If there are no Section 8 certificate holders available to occupy the affordable units, the units will be made available to families and/or individuals who qualify under Section 8 income requirements for the Section 8 program (included in the Density Bonus Agreement); and (4) Affordable units will be provided at the same proportion of bedroom sizes as the total project (required by California Health and Safety Code Section 52080, Subsection C). Odegaard Claim Item 5(d) on the Consent Calendar was presented: the claim from Gerald E. Odegaard, 1632 Pegasus Street, Santa Ana. Mr. Odegaard disagreed with the Assistant City Attorney's reasons for recammending rejection of MOTION the claim as stated in her letter to him. On motion by Claim Rejected Councilman McFarland, seconded by Mayor Hall, and car- ried 5-0, the claim of Gerald E. Odegaard was rejected. Amendment to Plan Item 17 on the Consent Calendar was presented: a for Redevelopment resolution concerning the proposed first amendment to Project Area No. 2 Redevelopment Project Area No. 2 and providing for submittal of that amendment to residents and camnunity organizations within the Project Area. Mayor Hall referred to a memorandum from the Executive Director of the Redevelopment Agency, dated September 4, 1984, which explains that the proposed amendment would extend the duration of the Redevelopment Plan for Project Area No. 2 from 5 years to 45 years from the date of initial adoption by the City Council. The Plan was adopted in November, 1979, and would terminate in November, 1984, without this amendment. Mayor Hall expressed his objection to extending the duration of the Project Area, noting that present projects will not be affected if Council decides not to adopt the amendment. He canmented that extension of the Redevelopment Plan would allow more condemnations and the City to continue in the "housing business". MOTION A motion was made by Mayor Hall, seconded by Councilman Reject Extension McFarland, rejecting any extension of the original five - of Project Area year period for Project Area No. 2. No. 2 Councilwoman Schafer disagreed with the motion and favored extension for the Project Area so that more housing could be provided. Mayor Hall responded that the housing needs of the community can be met by the private sector. Councilman McFarland stated that he felt the goals of the Council have been obtained for this area and saw no need to extend the Redevelopment Plan. Councilwoman Hertzog favored a one-year extension so that staff could prepare reports of what has been done in the Project Area. Or, as an alternative, delay action until a report can be compiled. Vice Mayor Johnson agreed that the private sector is capable of producing additional housing, and expressed agreement with the motion. Mayor Hall's motion to reject extension of Project Area No. 2 carried 3-2, Councilwomen Hertzog and Schafer voting no. Hearing for First The City Manager announced that since Council has voted Amendment to Project against extension of Project Area No. 2, no action is Area No. 2 - No required for Item 18 on the Consent Calendar: a resolu- Action Required tion consenting to a joint public hearing with the Costa Mesa Redevelopment Agency on the proposed First Amend- ment for Redevelopment Project Area No. 2. Bond Financing Item 21 on the Consent Calendar was presented: Bond and Agreement - Financing application and a Cooperative Agreement for Regis Hames Regis Hanes Corporation, for property located at the southeast corner of Sunflower Avenue and Avenue of the MOTION Arts. On motion by Mayor Hall, seconded by Councilman Held Over McFarland, and carried 5-0, this item was continued to the meeting of September 17, 1984, as requested by the applicant. Jerry Odegaard, 1632 Pegasus Street, Santa Ana, stated that he had asked that the three items pertaining to Bond Financing (for affordable rental projects) be removed from the Consent Calendar for discussion; however, none of the Council Members nor staff were aware of the request. Vice Mayor Johnson permitted Mr. Odegaard to camment on these items even though action had already been taken. Mr. Odegaard opposed this type of financing, stating that the private sector should be allowed to provide the needed housing. ORDINANCES A motion was made by Mayor Hall, seconded by Council- woman Hertzog, and carried 5-0, to read all ordinances by title only. OLD BUSINESS The Clerk presented for second reading and adoption, R-84-13 Ordinance 84-36 in connection with Rezone Petition Metro Business R-84-13, Metro Business Center, for property located Center at the southwest corner of Bear Street and South Coast -66 Drive, to change the zoning from PDR -LD and PDR -MD to PDR -HD and PDC. A ccmmunication has been received from Carol and Wallace Kleck, 3358 Marigold Circle, Costa Mesa, suggesting sone steps to be taken to ensure the tranquility of the surrounding neighborhoods. A communication has been received frau John and Sharon Burkhart, 997 Dahlia Avenue, Costa Mesa, opposing the rezone. MOTION On motion by Councilwoman Hertzog, seconded by Council - Ordinance 84-36 woman Schafer, Ordinance 84-36, being AN ORDINANCE OF Adopted THE CITY.COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF THAT PORTION OF THE LAND ALLOTTED TO JAMES McFADDEN AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA FROM PDR -LD AND PDR -MD TO PDR -HD AND PDC, 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 WARRANTS On motion by Councilwanan Schafer, seconded by Council - MOTION wanan Hertzog, Warrant Resolution 1260, including Warrant 1260 Payroll 8417, 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 MOTION On motion by Councilwoman Schafer, seconded by Council - Warrant 1261 wanan Hertzog, Warrant Resolution 1261 was approved by Approved 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 report dated August 30, 1984, concerning the 1980 settlement agreement between Agreement with the City and the 32nd District Agricultural Association 32nd District (Fairgrounds) relating to whether or not the Association Agricultural is canplying with its camnitnents. Association - The City Attorney has concluded that in the important area of noise control, the Association has not yet ful- filled its obligations. With respect to the remainder of the agreement, the Association appears to be canply- ing. Closed Session At the request of the City Attorney, the Council Members Scheduled agreed to hold a closed session at the close of regular business, for the purpose of discussing pending litiga- tion regarding noise caused by Pacific Amphitheatre concerts. CITY MANAGER REPORTS The City Manager referred to the meeting of June 18, 1984, at which time Council approved financing for the Performing Arts parking facility at the Orange County Performing Arts Center Parking Center. Council also directed that the agreement Facility between the Performing Arts Center and Center Tower Associates be submitted for review by City officials before funding is.finalized. The City Manager reported that he has received a letter of agreement which meets the requirements of the City and recommended that Council accept the letter as adequate. The letter of agreement is dated August 9, 1984, and has been signed by William S. Lund, representing the Orange County Performing Arts Center, and by Chase McLaughlin, Center Tbwer Associates, and indicates that at least frau the opening date of the Arts Center through the season of 1989, a commitment has been made as to the price of parking for patrons of that structure. Also, Center Tower Associates will be providing parking for patrons of the Art Center in the evenings, as well as on Saturdays, Sundays, and holidays. MOTION A motion was made by Mayor Hall, seconded by Councilman Agreement Letter McFarland, and carried 5-0, accepting the letter of Accepted as agreement as adequately meeting the requirements of the Adequate City. PUBLIC HEARING The Clerk announced the public hearing, continued frau Appeal of ZE-84-63/ the meeting of August 6, 1984, for the appeal of the RA -84-05 - Modic Planning Commission's denial of Zone Exception ZE-84-63, Redevelopment Action RA -84-05, William Modic, World Mechanic, 1747 Anaheim Avenue, Costa Mesa, for a Condi- tional Use Permit for outdoor work to legalize existing canopy -covered hoists, located at the above address in an MG zone. Environmental Determination: Negative Declaration. MOTION On motion by, Councilwoman Schafer, seconded by Mayor Held Over Hall, and carried 5-0, this item was continued to the meeting of September 17, 1984, to allow these applica- tions to be considered by the Redevelopment Agency at the Agency meeting of September 5, 1984. PUBLIC HEARING The Clerk announced that this was the time and place Appeal from Neuman set for the public hearing to consider an appeal frau of ZE-84-139/Costa Harold Neuman, 612 Knowell Place, Costa Mesa, of the Mesa Leisure Ser- Planning Commission's approval of.Zone Exception vices Department ZE-84-139, Costa Mesa Leisure Services Department, for a Master Plan approval to allow installation of a modular building to conduct a medical screening center at the Rea Community Center, 661 Hamilton Street, in an I and R -S zone. Environmental Deter- mination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. The Development Services Director reviewed the Staff Report and a memorandums dated August 30, 1984, pointing out -the concerns and/or questions of Mr. Neuuman's appeal relating to zoning, a master plan for the site, notification procedures; and inaccuracy of the notice which was sent for the public hearing before the Plan- ning Commission, in that the notice referred to a "senior citizen medical screening center" whereas the center will serve low- and moderate -inane persons of all ages. This error was corrected in the notices mailed by the Clerk's office. The Director reported that property owners within 300 feet of the site were notified of the public hearing. Residents in that area who are not property owners were not notified. This is normal procedure consistent with State law and local ordinances. The Director commented that schools are the only listed permitted use in the I and R -S zone; however, "uses incidental to the main function of the development" may be approved by the City Council. He also stated that a Master Plan of site development is also required for the I and R -S zone. Staff has recommended initiation of a rezone to I and R which would permit public facilities. The Planning Commission acknowledged a need for a Master A. cs Plan to govern the development and future use of this site and recanmended that such a plan be prepared. In concluding his report, the Director gave a slide presentation indicating the present location of the structure and its future location on the site. He reported that the hours of the medical screening center will be from 7:00 a.m. to 10:00 a.m., and from 3:00 p.m. to 8:00 p.m. (unless otherwise approved by the City) so as not to conflict with the peak hours of sone of the other uses. Furthermore, no controlled substances will be stored on the premises. The appellant was not present. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, stated that the City's notification procedures should be emended so that tenants as well as property owners are notified of the public hearings. There being no other speakers, Vice Mayor Johnson closed The Development Services Director reviewed staff's memorandum of August 30, 1984, stating that applicant is requesting modifications to a previously approved Planned Development, and expressed concerns about certain conditions of approval. The Director summar- ized suggested solutions for these concerns which are detailed in staff's memorandum, and recanmended the following modifications to Conditions of Approval: Condition No. 2: Delete the words "grading and" in the first sentence (see Page 4 of the Planning Staff Report) . Condition No. 4: Amend to read, "Changes in existing grades at property lines shall be maintained where possible; a grading plan shall be submitted for approval by the Planning Director prior to release of building permits". Staff suggested that Condition No. 6 be retained for the restaurant portion of the project and that the following condition be added for the motel portion: Condition No. 27: "The energy average of the highest 30 percent of maximum noise levels (on a 24-hour basis) may not exceed 65 dBA - interior. Title 25 standards require maximum interior noise level of 45 CNEL. If required interior noise levels are achieved 1 the public hearing. MOTION A motion was made by Councilwanan Schafer, seconded by ZE-84-139 Approved; Mayor Hall, approving Zone Exception ZE-84-139, based on Staff Directed to the findings and analysis contained in the Staff Report, Initiate a Rezone and subject to all conditions as modified by the Plan - and to Prepare a ning Commission as shown in the Staff Report; directing Master Plan staff to initiate a rezone to I and R, and to prepare a Master Plan for the entire Rea Community Center site. The motion carried 5-0. NEW BUSINESS The Clerk presented Zone Exception ZE-84-53A2, Donald ZE-84-53A2 'B. Ayres, Jr., Ayres Construction Canpany, authorized Ayres/Ray agent for Ray Development, 2699 White Road, Suite 150, Irvine, for a Planned Development Review for a 180 - roan motel with a restaurant containing 3,000 square feet; and a Conditional Use Permit for overlapping parking, located at 325 Bristol Street in a PDC zone. Environmental Determination: Negative Declaration adopted for Zone Exception ZE-84-53. The Development Services Director reviewed staff's memorandum of August 30, 1984, stating that applicant is requesting modifications to a previously approved Planned Development, and expressed concerns about certain conditions of approval. The Director summar- ized suggested solutions for these concerns which are detailed in staff's memorandum, and recanmended the following modifications to Conditions of Approval: Condition No. 2: Delete the words "grading and" in the first sentence (see Page 4 of the Planning Staff Report) . Condition No. 4: Amend to read, "Changes in existing grades at property lines shall be maintained where possible; a grading plan shall be submitted for approval by the Planning Director prior to release of building permits". Staff suggested that Condition No. 6 be retained for the restaurant portion of the project and that the following condition be added for the motel portion: Condition No. 27: "The energy average of the highest 30 percent of maximum noise levels (on a 24-hour basis) may not exceed 65 dBA - interior. Title 25 standards require maximum interior noise level of 45 CNEL. If required interior noise levels are achieved 1 by requiring that windows be unopenable or closed, the design for the structure must also specify the means that will be employed to provide ventilation, and cooling if necessary, to provide a habitable interior envirornment." Delete Condition No. 7 since screening on the rear property line is to be provided between this site and the residences to the south, per Condition No. 9. The applicant was not present. MOTION A motion was made by Councilwoman Schafer, seconded by ZE-84-53A2 Councilwoman Hertzog, and carried 5-0, approving Zone Approved Exception ZE-84-53A2 subject to modified conditions as stated by the Development Services Director. Certificate for The Clerk presented a request from G. T. Enterprises, G and G White doing business as G and G White Cab Company, 666 Baker Cab Company Street, Suite 340, Costa Mesa, for a Certificate of Public Convenience and Necessity to allow pick up of fares within the City. A communication has been received from Thomas Philbin, President and General Manager of Orange Coast Yellow Cab, Incorporated, 17300 Mount Herrmann Street, Fountain Valley, requesting Council to deny this application. A detailed report by the Revenue Supervisor is contained John Feeney, 1154 Dorset Lane, Costa Mesa, commented that the applicant's request should be approved if the Council believed in free enterprise. Thomas Philbin, Orange Coast Yellow Cab, Incorporated, stated that there is not enough taxicab business in Costa Mesa for two companies. The Revenue Supervisor reiterated the comments he made in his memorandums of August 24, 1984, which indicate that the applicant's financial statements do not meet the.City's requirements. Carl Esposito, part owner of G and G White Cab Company, stated that the company is financially sound, and that based on the amount of calls they have received for their services, there is a need for another cab service in Costa Mesa. Mr. Esposito reported that he has a new auditor who will prepare additional financial informa- tion. The City Manager stated that this item could be continued until the new financial report is completed. in his memorandum of August 24, 1984, and he has recom- mended denial of the request since the financial state- ments submitted by the applicant do not meet the City's requirements. The report also points out that the applicant is requesting approval of taxicab rates which are in excess of the current approved rates. Gary Tews, one of the owners of G and G White Cab Company, spoke in support of his request pointing out that he is requesting the higher taxicab rates because he will be providing upgraded taxi equipment, including air conditioning. Mr. Tews reported that he has permits to operate in the cities of Tustin, Irvine, Laguna Beach, San Juan Capistrano, San Clemente, and all areas in between those cities. He has applied for permits with the cities of Fountain Valley and Santa Ana; how- ever, these permits have not been approved as yet. Mr. Tews stated that there is a need for additional taxicab service in Costa Mesa. John Feeney, 1154 Dorset Lane, Costa Mesa, commented that the applicant's request should be approved if the Council believed in free enterprise. Thomas Philbin, Orange Coast Yellow Cab, Incorporated, stated that there is not enough taxicab business in Costa Mesa for two companies. The Revenue Supervisor reiterated the comments he made in his memorandums of August 24, 1984, which indicate that the applicant's financial statements do not meet the.City's requirements. Carl Esposito, part owner of G and G White Cab Company, stated that the company is financially sound, and that based on the amount of calls they have received for their services, there is a need for another cab service in Costa Mesa. Mr. Esposito reported that he has a new auditor who will prepare additional financial informa- tion. The City Manager stated that this item could be continued until the new financial report is completed. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, spoke in support of the application and commented that the City should not interfere with free enterprise. MOTION After brief discussion, a motion was made by Mayor Hall, Held Over seconded by Councilwoman Hertzog, and carried 5-0, to continue this item to November 5, 1984, at which time the applicant shall submit the additional financial information. Mr. Tews asked if the hearing could be held earlier if the financial report is canpleted prior to November 5. The City Manager responded that this could be done. Storage Devices The Clerk presented a proposed ordinance concerning in Public Right permits for storage device rental businesses and use of of -Way public right-of-way for placement of storage devices and construction materials. The Director of Public Services reviewed his letter to the Council dated August 23, 1984, explaining that at the present time, when a citizen desires to use a dump- ster to be placed in the public right-of-way, he must cane to City Hall, pay $25.00 for a permit, deposit $100.00 to cover possible street damage, and contact the dumpster canpany to make sure the company blocks the wheels. He pointed out that some canpanies do not always canply with the standard for blocking of wheels and the City inspectors do not get the opportunity to inspect the site before or after dumpster use. The Director reviewed the benefits which would result if the ordinance is adopted, which are contained in the above-mentioned report. MOTION On motion by Mayor Hall, seconded by Councilwanan Ordinance 84-37 Hertzog, Ordinance 84-37, being AN ORDINANCE OF THE CITY Given First COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERN - Reading ING PERMITS FOR STORAGE DEVICE RENTAL BUSINESSES AND USE OF PUBLIC RIGHT-OF-WAY FOR PLACEMENT OF STORAGE DEVICES AND CONSTRUCTION MATERIALS, 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 A:: COMMUNICATIONS Former Mayor Alvin Pinkley referred to letter sent to the editor of a local newspaper by a senior citizen, Senior Citizens and wanted to clarify that this person's viewpoint Group does not reflect the feelings of the Senior Citizens group in Costa Mesa. He reported that the person who wrote the letter to the newspaper is not a member of the Senior Citizens board. Soffer Sid Soffer, 900 Arbor Street, Costa Mesa, spoke on the following subjects: the flag no longer being displayed during the night at the Civic Center; guidelines for the Redevelopment Agency; and park fee distribution. Pacific Maureen Di Dcmenico, 941 Coronado Drive, Costa Mesa, Amphitheatre spoke concerning the noise frau the Pacific Amphitheatre Noise concerns and urged the Council to continue to enforce the City's noise ordinance. Odegaard Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, felt that the Council had not been responsive to the canments and opinions he made earlier on various Agenda items. t 1 COUNCILMANIC Councilwoman Hertzog expressed concern about the many COsIEN`i'S canplaints being received regarding the City's public hearing notification procedures. She suggested that in addition to notifying the property owner, the tenants should also be made aware of the hearings. Councilwoman Schafer stated that she felt the City has been complying with the requirements of the law, and camnented that the property owners should notify their tenants. Councilman McFarland's opinion was that it is not the property owner's, but the City's responsibility to notify tenants of the public hearings. The Development Services Director reported that in the case of Rea Cammunity Center public hearing, 40 percent of the properties in that area have absentee owners and it is not possible to determine from the Assessor Parcel list what properties are multi -units. MOTION A motion was made by Councilwoman Hertzog, seconded by Staff Directed Mayor Hall, directing staff to investigate other methods to Submit Report of public hearing notifications, and to report back to in 30 Days the Council in 30 days. The motion carried 5-0. Mayor Hall expressed his desire to find a method of notifying renters as well as property owners of public hearings. Mayor Hall also cammented on the Bond Financing for moderately priced rentals which were discussed earlier in the evening and stated that although he would not want to stand in the way of developers applying to the County for these funds, he has misgivings about this type of financing. ADJOURNMENT TO At 8:15 p.m., Vice Mayor Johnson adjourned the meeting CLOSED SESSION to a closed session in the fifth floor Conference Roam to discuss pending litigation. MEETING RECONVENED The Vice Mayor reconvened the meeting at 9:45 p.m. Pacific Mayor Hall reviewed sane of the discussion that took Amphitheatre place in closed session regarding the Pacific Amphi- theatre noise problem, such as, the areas of canpliance and noncompliance of the Fair Board with the Settlement Agreement with the City in 1980. At the latest court hearing, the judge requested the City and Ned -West, Incorporated (operators of the Amphitheatre) to bring back a plan by September 28, 1984, which is mutually acceptable for monitoring the noise levels for that ..site. MOTION Mayor Hall made a motion'directing the City Attorney to Authorized immediately start negotiations mith Ned West, to select Negotiations a mutually agreed upon sound consultant, or consultants, with Ned -West to implement sound measuring equipment to be installed and Fairgrounds as soon as possible, to monitor -the sound and to give necessary information to Ned -West for compliance with the City's noise ordinance; directing the City Manager to contact the Fairgrounds manager, Norbert Bartosik, and inform him that we expect the Fair Board to partici- pate along with the City and Ned -West in the cost of measuring the sound, noting that this participation is in accordance with Section 1(f) of the 1980 Settlement Agreement which provides that the 32nd District Agricul- tural Association undertake sound studies and implement reasonable mitigation measures; and directing the City Attorney to report back at the next Council meeting 4 1^�� regarding his negotiations with Ned -West. The motion was seconded by Councilwoman Schafer, and carried 5-0. Jim Ames, 2811 Loreto Avenue, Costa Mesa, stated that the noise from the Amphitheatre concert in process at this time is the loudest he has ever heard. He sug- gested that legal action be taken to abate this public nuisance because the noise is disturbing the peace, quiet, and tranquility of the public. Mr. Ames. felt that the proposed negotiations will not resolve the problem. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested automatic volume control. He stated that the Pacific Amphitheatre is disturbing the peace and should be cited for doing so as defined in the Penal Code. The City Attorney responded that the District Attorney must enforce the Penal Code and to date has not made a commitment. Jim Ames spoke again and commented that political pres- sure must be used to convince the State to enact legis- lation so that the uses at the Fairgrounds must comply with the City's ordinances. He mentioned that this has been done in other locations in the State. Maureen Di Domenico, 941 Coronado Drive, Costa Mesa, asked if there would be any relief from the noise before the end of this season. Mayor Hall responded no. John Gardner, 2806 Loreto Avenue, Costa Mesa, reported that the concert in progress at this time was the loud- est he had ever heard. He stated that misdemeanor citations would be effective if the performers were cited. John Feeney, 1154 Dorset Lane, Costa Mesa, suggested that after the concert patrons leave the area this evening, the police should cite the performers. ADJOURNMENT Vice Mayor Johnson declar a mee ing adjourned at 10:10 P.M. Mayor of th6 City of Costa Mesa ATTEST: y Clerk of the City of Costa sa