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HomeMy WebLinkAbout09/17/1984 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 17, 1984 The City Council of the'City of Costa Mesa, met in regular session on September 17, 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 led by David Walters, and Invocation by the Reverend Bill Burnett, Mesa Bible Chapel. 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 Mayor Hall, seconded by Councilwoman September 4, 1984 Hertzog, and carried 5-0, the minutes of the regular meeting of September 4, 1984, were approved as dis- tributed and posted. ORDINANCES A motion was made by Councilman McFarland, seconded by Mayor Hall, and carried 5-0, to read all ordinances by title only. Japan Karate Jacki Long, 19882 Riverview Drive, representing the Federation Japan Karate Federation, introduced scene of the students who competed in the AAU Karate Junior National Champion- ship in Pittsburgh, Pennsylvannia, on July 21 and 22, 1984. She reported that eighteen students competed, and they returned hone with nineteen medals. The students study karate at Balearic Center through the Federation and the Leisure Services Department. Plaque Presentation A plaque -was presented to the Council by the students of the Japan Karate Federation to show their appreci- ation for the donation made by the City to help sponsor students who were not able to raise the required funds to compete in the event. CONSENT CALENDAR Item 3, request to renew the entertainment permit for Hans Again (Lions Den) was removed from the Consent Calendar. On motion by Councilwonan,Schafer, seconded by Council- woman Hertzog, and carried 5-0, 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 Councilwonan Schafer, seconded by Council- woman Hertzog, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: The Farmers Insurance Group on behalf of Charlene Brown; Mike Ballard; Lucrezia B. Viera; and Southern California Edison Company. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Safeway Stores, Incorporated, doing business as Safeway Store No. 406, 2975 Harbor Boulevard; and Daryl E. Reeves, doing business as Izzy's Restau- rant, 2574 Newport Boulevard. Letter Opposing Letter fran David J. Arthur, 280 Bowling Green Metro Business Drive, Costa Mesa, asking the Council to with - Center draw tentative approval of the Metro Business Center. Local Agency A public hearing will be held by the Local Agency Formation Formation Commission of Orange County, California, Commission on Wednesday, October 3, 1984, at the hour of 2:00 p.m., in the Board of Supervisors Hearing Roam, first floor, Orange County Hall of Adminis- tration, 10 Civic Center Plaza, Santa Ana, Cali- fornia, to develop and determine a sphere of influence for the Municipal Water District of Orange County as required by Section 54774 of the California Government Code. BUSINESS PERMITS A request has been received from The Concert Factory, The Concert 1714 Placentia Avenue, to renew the entertainment permit Factory at that address. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, and carried 5-0, the MOTION permit renewal was approved subject to conditions reccm- Permit Approved mended by staff. ADMINISTRATIVE Bids received for Bid item 629, Repainting Designated ACTIONS Areas of Selected Fire Stations, are on file in the Clerk's office. On motion by Councilwaman Schafer, Bid Item 629 seconded by Councilwcman Hertzog, the contract was Repaint Areas of awarded to Young's Painting Service, 9351 Joyzele Drive, Fire Stations Garden Grove, in the amount of $6,776.00. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Awarded to McFarland, Schafer Young's Painting NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 631 One bid received for Bid Item 631, Installation of Heavy Rolling Steel Duty Rolling Steel Doors at City Fire Stations, is on Doors file in the Clerk's office. On motion by Councilwaman Schafer, seconded by.Councilwanan Hertzog, the contract MOTION was awarded to Hatch Door Service, 4545 Phillips Boule- Awarded to vard, Ontario, in the amount of $19,485.98. The motion Hatch Door 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 632 'Bids received for Bid Item 632, Rental of One Tractor/ Rental of Backhoe, are on file in the Clerk's office. On motion Tractor/Backhoe 'by Councilwaman Schafer, seconded by Councilwanan Hertzog, the contract was awarded to Orange Coast Ford Tractor, Incorporated, 1830 B East Warner, Santa Ana, MOTION 'in the amount of $1,717.20 per month. The motion carried Awarded to by the following roll call vote: Orange Coast AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Ford Tractor McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 633 .Bids received for Bid Item 633, Tractor and Mower, are Tractor and Mower on file in the Clerk's office. On motion by Council- �woman Schafer, seconded by Councilwoman Hertzog, MOTION contracts were awarded as follows: Contracts Awarded Exhibit A - One Tractor Diesel Powered, Massey -Ferguson Model 282, awarded to Eberhard Equipment Company Incorporated, 2506 South Harbor Boulevard, Santa Ana, in the amount of $12,614.00; Request for Refund On motion by Councilwoman Schafer, seconded by Council - of Cash Deposit woman Hertzog, the request from Best Western Newport Mesa Inn, 2642 Newport Boulevard, Costa Mesa, for refund of cash deposit in the amount of $50,000.00, for Labor Best Western and Material and Performance Bonds was approved by the Newport Mesa Inn following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, MOTION McFarland, Schafer Refund Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of Exhibit B - One Roseman Hydraulic 7 -Gang Mower Model Overnight Parking HGP -7, awarded to C. R. Jaeschke, Incorpo- on Wimbledon Way rated, 8845 Ccmplex Drive, San Diego, in the amount of $13,721.70. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Resolution 84-112 McFarland, Schafer Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 635 Bids received for Bid Item 635, Cleaning Window Mullions Cleaning of at the Police and City Hall Buildings, are on file in Window Mullions the Clerk's office. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, the contract was MOTION awarded to Western Counties Maintenance Company, 817 Awarded to West 17th Street, No. 11, Costa Mesa, for $5,500.00. Western Counties The motion carried by the following roll call vote: Maintenance AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 4 The Director of Public Services has requested approval Smith Electric of Change Order No. 4, in the amount of $6,687.16, to the contract with Smith Electric Supply, Post Office Box Harbor Boulevard 68, Stanton, for the Harbor Boulevard Interconnect. The Interconnect change order is for repair of traffic signal conduits which were found damaged, and to install an electrical cable on Bristol Street. This ccimpletes,all work under MOTION this contract. On motion by Councilwoman Schafer, sec - Change Order onded by Councilwcman Hertzog, the change order 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 Request for Refund On motion by Councilwoman Schafer, seconded by Council - of Cash Deposit woman Hertzog, the request from Best Western Newport Mesa Inn, 2642 Newport Boulevard, Costa Mesa, for refund of cash deposit in the amount of $50,000.00, for Labor Best Western and Material and Performance Bonds was approved by the Newport Mesa Inn following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, MOTION McFarland, Schafer Refund Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Commission has recommended that overnight Overnight Parking parking be prohibited on the entire length of Wimbledon on Wimbledon Way Way between the hours of 2:00 a.m. and 6:00 a.m., after hearing testimony from affected residents. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, MOTION Resolution 84-112, being A RESOLUTION OF THE CITY COUN- Resolution 84-112 CIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING Adopted OVERNIGHT PARKING ON WIMBLEDON WAY, was adopted by the the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Time Limit Parking The Traffic Commission has reccmended that a time on Newport Frontage limit be established for parking on Newport Frontage Road Road from 18th Street to Superior Avenue, after hearing testimony from operators of businesses and the results MOTION of a staff investigation. On motion by Councilwoman Resolution 84-113 Schafer, seconded by Councilwcman Hertzog, Resolution Adopted ,84-113, being A RESOLUTION OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A TWO HOUR TIME LIMIT ON THE NEWPORT FRONTAGE ROAD FROM 18TH STREET TO SUPERIOR 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 Notice of Completion The Police Heliport Construction Project has been sub- - Tarnutzer stantially canpleted in accordance with the Contract Construction ,Documents by Tarnutzer Construction Canpany, Incorpo- rated, 2915-F Red Hill Avenue, Costa Mesa, and only Police Heliport minor corrective measures are required. The Assistant City Manager has recommended conditional acceptance of the project based upon the contractor's assurance that the corrective measures will be completed no later than MOTION September 21, 1984. On motion by Councilwaman Schafer, Work Accepted seconded by Councilwcman Hertzog, the work was accepted; the Clerk was authorized to file a Notice of Completion; Council ordered the exoneration of the Performance Bond and authorized release of the retention funds 35 days after the Notice of Completion has been filed; and the Labor and Material Bond was ordered exonerated 7 months after the Notice of Completion 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 Agreement - C.D.C. The Director of Leisure Services has requested approval Engineering of an agreement with C. D. C. Engineering, Incorporated, 2691 Richter Avenue, Suite 121, Irvine, in the amount of Engineering 6,450.00, for engineering services required to recon - Services at struct the parking areas at TeWinkle Park, Presidio Various Parks Square, and the play area at Balearic Center. On motion by Councilwoman Schafer, seconded by Councilwoman MOTION Hertzog, the agreement was approved, and the Mayor and Agreement Clerk were authorized to sign on behalf of the City. Approved 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 - Brown The Director of Public Services has requested approval and Caldwell of an agreement with Brown and Caldwell, Post Office Box 7103, Pasadena, in the amount of $33,800.00, for an Design Study for in-depth design study for the Cherry Lake drainage area. Cherry Lake On motion by Councilwoman Schafer, seconded by Council - Drainage Area woman Hertzog, 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 - Boyle The Director of Public Services has requested approval Engineering of an agreement with Boyle Engineering Corporation, Post Office Box 3030, Newport Beach, in the amount of Drainage Design $19,800.00, for an in-depth design study to determine Study the required drainage facilities for the Upper F03 Drainage Area, Reach 1, 2, 3, 5, and 6. On motion MOTION by Councilwcman Schafer, seconded by Councilwoman Agreement Hertzog, the. agreement was approved, and the Mayor Approved 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 Conference On motion by Councilwoman Schafer, seconded by Council - Advances waman Hertzog, Conference Advances, in the amount of $375.00 each, for two police officers to attend a MOTION Personnel Management Course in San Diego, September 24 Advances to 28, 1984, were approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements The improvements at 1555 Adams Avenue, Costa Mesa, in in Connection connection with Zone Exception ZE-83-161, have been with ZE-83-161 completed to the satisfaction of the Director of Public Services by C. J. Segerstrom and Sons, 3315 Fairview MOTION Road, Costa Mesa. On motion by Councilwoman Schafer, Work Accepted seconded by Councilwoman Hertzog, the improvements were accepted; and authorization was given to exonerate Performance Bond and Labor and Material Bond. 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 Renewal of Item 3 on the Consent Calendar was presented: Request Entertainment to renew the entertainment permit for Lions Den (Hans Permit for Lions Again) for the purpose of change in location from 877 Den (Hans Again) West 19th Street to 719 West 19th Street. After brief discussion, a motion was made by Councilman McFarland, MOTION seconded by Councilwoman Schafer, and carried 5-0, to Permit Approved approve the permit renewal subject to conditions recom- mended by staff. OLD BUSINESS On motion by Mayor Hall, seconded by Councilwoman Storage Devices in Schafer, Ordinance 84-37, being AN ORDINANCE OF THE Public Right -of -Way CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING PERMITS FOR STORAGE DEVICE RENTAL BUSINESSES MOTION AND USE OF PUBLIC RIGHT-OF-WAY FOR PLACEMENT OF STORAGE Ordinance 84-37 DEVICES AND CONSTRUCTION MATERIALS, was given second Adopted 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 Councilwcman Hertzog, seconded by Mayor MOTION Hall, Warrant Resolution 1262, including Payroll 8418, Warrant 1262 was approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY REPORTS The City Attorney reported on negotiations with Ned -West, Incorporated, regarding noise control, stating that the Pacific City and Ned -West were unable to agree upon a plan for Amphitheatre further joint action. The City Attorney stated that he asked the judge to make his legal ruling on the case at the hearing scheduled for September 28, 1984. At W'l that time, the judge should rule whether the City's Noise Ordinance can be applied against the Amphitheatre or if the Amphitheatre it is protected by sovereign immunity. Fortunetelling The City Attorney presented a proposed Urgency Ordinance and Related for a moratorium concerning fortunetelling and related Businesses businesses. A case is pending before the State Supreme Court that brings into question the City's authority to prohibit fortunetelling and similar businesses that charge a fee for their services. A possible result of the Supreme Court's expected ruling could limit the City's control over such businesses. It is necessary for the Staff to prepare alternative zoning and other regulatory measures to protect the public's health, safety, and general welfare regarding such businesses. The City Attorney recommended that the urgency ordinance be adopted. MOTION On motion by Councilwoman Schafer, seconded by Council - Urgency man McFarland, Ordinance 84-38, being AN URGENCY ORDI- Ordinance 84-38 NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Adopted CALIFORNIA, ENACTING A ZONING MORATORIUM ON FORTUNE TELLING BUSINESSES, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Regulating The City Attorney recommended adopting a proposed ordi- Public nance regulating public entertainment. This ordinance Entertainment would require activities that are designated entertain- ment activities to obtain an entertainment permit. A system would be set up to expedite this procedure. - Enforcement would come into effect once the activity is operating in the event they violate any of the strict standards which are part of the enforcement procedure. Entertainment activities would be enforced one year, subject to renewal in two year periods provided that the activity had been operated within the standards set forth by the ordinance. MOTION On motion by Mayor Hall, seconded by Councilwanan Ordinance 84-39 Hertzog, Ordinance 84-39, being AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading REGULATING PUBLIC ENTERTAINMENTS, was given first read- ing and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Authorization for The City Attorney asked the Council for authorization County Counsel to for the County Counsel to represent and defend the City Defend City in of Costa Mesa in a lawsuit which has been filed by ICM Tax Suit Investments, Ltd., against the County of Orange and numerous cities in the County, including Costa Mesa. :The lawsuit challenges the validity of certain taxes assessed against ICM Investments, Ltd.; for the years 1981 through 1983. MOTION A motion was made by Mayor Hall, seconded by Council - Authorization woman Schafer, and carried 5-0, authorizing the County Given to Counsel to represent and defend the City of Costa Mesa County Counsel in ICM Investments, Ltd. versus County of Orange, et al, Orange County Supreme Court case number 43-14-48, pur- suant to California Revenue and Taxation Code 5149. Lawsuits challenging the validity of property taxes collected by the County of Orange are routinely handled by the County Counsel's office. The City Attorney requested approval of a resolution establishing a procedure where lawsuits of this nature would be auto- matically forwarded to the County. MOTION On motion by Mayor Hall, seconded by Councilman Resolution 84-114 McFarland, Resolution 84-114, being A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THAT THE COUNTY COUNSEL OF ORANGE COUNTY REPRESENT AND DEFEND THE CITY OF COSTA MESA IN LAWSUITS CHALLENGING THE VALIDITY OF PROPERTY TAXES, AND THAT THE COUNTY COUNSEL SHOULD BE THE CITY'S AGENT FOR SER- VICE OF PROCESS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer PUBLIC HEARING NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The Assistant City Manager stated that at their meeting REPORTS of August 20, 1984, the City, Council approved the estab- Modic lishment of a nine -member arts committee whose primary Appointment purpose will be to make recco mendations to the City of Arts Council on the establishment of a goal statement as it Committee concerns all aspects of cultural arts in Costa Mesa; the coordination of the activities of the arts community in Costa Mesa; and establishment of a criteria by which arts organizations in Costa Mesa may apply for special funds set aside annually and recommend those local cultural organizations which should be considered for funding. On September 14, 1984, the City Manager sent a memo- randum to the City Council stating the names of people interested in serving on the committee. In addition, three other persons were recommended. MOTION On motion by Mayor Hall, seconded by Councilwoman Arts Committee Schafer, and carried 5-0, the following were appointed Appointed to the Arts Committee: Maurice Allard, representing Orange County Master Chorale; Virginia Buckles, Chamber of Commerce; Arlene Chambers, Orange County Performing Arts Center; Jim Garmon, Orange Coast College; Barbara Grady, South Coast Repertory; Larry Granger, South Coast Symphony; Leonard Hansen, M.D., Costa Mesa Civic Playhouse; Mike Lawler, Opera Pacific; Alice Leggett, Costa Mesa Art League; Donald Smallwood; City Manager Fred Sorsabal; and Councilwoman Norma Hertzog. PUBLIC HEARING The Clerk announced that this was the time and place set for the public hearing, continued from the meeting Appeal of of September 4, 1984, for an appeal of the Planning ZE-84-63/RA-84-05 Commission's denial of Zone Exception ZE-84-63, Modic Redevelopment Action RA -84-05, from William Modic, World Mechanic, 1747 Anaheim Avenue, Costa Mesa, for a Conditional Use Permit for outdoor work to legalize existing canopy -covered hoists at the above address in an MG zone. Environmental Determination: Negative Declaration. These applications were presented at the Redevelopment Agency meeting of September 5, 1984, and were denied. The Development Services Director gave a slide presen- rese -tation tationof the site and reviewed the Staff Report giving a brief history of the applications. Staff has made the following recommendations: 1. Uphold the Redevelopment Agency's denial, based on the analysis and findings contained in the Staff Report; and 2. Direct the applicant to cease outdoor work and remove canopies within 30 days of Council action. Councilwoman Schafer asked if the applicant was present. RDberta Bakhshi, 8777 Coral Springs, Hungtington Beach, stated that she was representing the applicant. Councilwoman Schafer asked Ms. Bakhshi why she hasn't attended previous meetings. Ms. Bakhshi stated that she was not informed of previous meetings. Councilwoman Hertzog asked Ms. Bakhshi if she has taken into consideration the -recommendations made by Staff. Ms. Bakhshi stated that some of the recommendations were possibilities, but she would like to discuss them with the Planning Staff. After discussion, Councilman McFarland suggested refer- ring this application back to the Planning Staff to work out the details, then back to the City Council, at the meeting of October 15, 1984, for their review. MOTION Referred Back to A motion was made by Councilman McFarland, seconded by Planning Staff Councilwonan Hertzog, and carried 5-0, to refer this and Held over to application back to the Planning Staff and to continue October 15, 1984 the hearing to the meeting of October 15, 1984. PUBLIC HEARING The City Clerk announced that this was the time and place set for the public hearing for Rezone Petition R-84-15 R-84-15, Craig and Virginia Cooley, 229 Del Mar Avenue, Cooley Costa Mesa, for permission to rezone property at the above address fron Rl, Single -Family Residential, to R2, Multiple -Family Residential. Environmental Deter- mination: Exempt. The Affidavit of Publication is on 'file in the Clerk's office. 'The following communications have been received opposing the rezone request: Lee R. Bean, 2589 Fairway Drive, Costa Mesa; Herbert G. Smith, 2585 Fairway Drive, Costa Mesa; and Jimmy Wymore, 2592 Fairway Drive, Costa Mesa. The Development Services Director reviewed the staff's memorandum of September 13, 1984, stating that four written communications were received prior to the 'Planning Commission meeting of August 27, 1984, one in ,support and three in opposition. The Planning Commission reccmended denial, based on the analysis and conclusion contained in the Staff Report. ;Craig Cooley, 229 Del Mar Avenue, Costa Mesa, applicant, stated that his request for the rezone from R1 to R2 was due to the future widening of Del Mar Avenue. He is concerned about the value of his property if the widening of Del Mar Avenue does take place. The Director of Public Services stated that the City does not have plans to widen Del Mar Avenue within the next five years. Mr. Cooley stated that the property owners should know what the plans are before any action takes place. Mayor Hall assured Mr. Cooley that property owners would be informed of any future plans. The Director of Public Services stated that there would be a public hearing regarding the future of Del Mar Avenue in approximately six months to a year, and at that time the public will be invited to speak. The Development Services Director reviewed the Staff Report and a memorandum dated September 12, 1984, regarding the following recommendations: (1) Approve the Planned Development for the two cam- mercial buildings which contain 84,000 square feet; (2) Approve the Conditional Use Permit for overlapping parking; (3) Deny parking variance; (4) Deny request for increased floor area ratio and retain existing Specific Plan as it is written; and (5) Make an interpretation that the applicant's revised plans meet the intent of the existing Specific Plan with respect to building height; Amend Condition No. 3 to read as follows: "The applicant shall submit a copy of the ease- ment agreement document for the common driveway at the southerly property line to the Planning Division. Additionally, applicant shall provide proof that the proposed construction of the driveway ramp, or any other construction within that easement, is acceptable to the cammon ease- ment holders. The agreement shall be submitted to the City Attorney and the Traffic Services Division for their review and approval, and Doris Adrian, 231 Del Mar Avenue, Costa Mesa, stated that she is in favor of rezoning to R2. There being no other speakers, Vice Mayor Johnson closed the public hearing. MOTION A motion was made by Councilman McFarland, seconded by R-84-15 Councilwaman Schafer, and carried 5-0, to deny Rezone Denied Petition R-84-15, based on the Planning Commission's reccomendations and the analysis and findings contained in the Staff Report. PUBLIC HEARING The City Clerk announced that this was the time and place set for the public hearing to consider a request SP -82-01A from Hoffman Business Consultants, Incorporated, 2300 and Michelson, Suite 300, Irvine, authorized agent for Q. B. ZE-84-136 Properties, 1601 Dove Street, Newport Beach, to amend Hoffman Specific Plan SP -82-01A, for increased floor area ratio and building height at 3150 Bristol Street. Environ- mental Determination: Negative Declaration. This was accompanied by Zone Exception ZE-84-136, for a Planned Development for two five -story cammercial buildings which contain 84,000 square feet, including office, financial, and restaurant uses; with a variance fram perimeter landscape setback requirements; and a variance _ for reduced parking and/or a Conditional Use Permit for overlapping parking. The Affidavit of Publication is. on file in the Clerk's office. No cammunications have been received. The Development Services Director reviewed the Staff Report and a memorandum dated September 12, 1984, regarding the following recommendations: (1) Approve the Planned Development for the two cam- mercial buildings which contain 84,000 square feet; (2) Approve the Conditional Use Permit for overlapping parking; (3) Deny parking variance; (4) Deny request for increased floor area ratio and retain existing Specific Plan as it is written; and (5) Make an interpretation that the applicant's revised plans meet the intent of the existing Specific Plan with respect to building height; Amend Condition No. 3 to read as follows: "The applicant shall submit a copy of the ease- ment agreement document for the common driveway at the southerly property line to the Planning Division. Additionally, applicant shall provide proof that the proposed construction of the driveway ramp, or any other construction within that easement, is acceptable to the cammon ease- ment holders. The agreement shall be submitted to the City Attorney and the Traffic Services Division for their review and approval, and 10 shall.be recorded prior to the issuance of building permits". Carol Hoffman, Hoffman Business Consultants, Incorpo- rated, gave a presentation explaining the changes requested for the proposed South Coast Executive Centre. Gin Wong, Architect, 4051 Wilshire Boulevard, Los Angeles, reviewed the special features of the proposed project. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, stated that he is against multiple -story buildings below the freeway, and strongly opposed any additional space granted to the developer. Wayne Astin, 621 Seaview Lane, Costa Mesa, spoke in favor of the project. There being no other speakers, Vice Mayor Johnson closed the public hearing. Mayor Hall felt that because of site hardships, the floor area ratio should be changed for this site only. Councilman McFarland suggested that the architect work -out the problems without additional square footage. MOTION A motion was made by Mayor Hall, seconded by Council - Failed to woman Schafer, to approve the Planned Development, Carry 3-2 including floor area ratio for this parcel only due to site hardships. The motion failed to carry 3-2, Council Members McFarland, Johnson, and Hertzog voting no. MOTION A substitute motion was made by Councilman McFarland, Approved, with seconded by Mayor Hall, to approve the Planned Develop - Exclusion of ment; to approve Conditional Use Permit for overlapping Increased Floor parking (parking variance is no longer needed); to deny Area Ratio the request for increased floor area ratio and retain the existing Specific Plan as it is written; and directed that the applicant's revised plans shall meet the intent of the existing Specific Plan with respect to building height, subject to conditions, including amended Condition No. 3, as stated above. The motion carried 3-2, Councilwomen Schafer and Hertzog voting no. PUBLIC HEARINGS The City Clerk announced that this was the time and place set for the public hearings for General Plan GP-84-2B/R-84-05 Amendment GP -84-2B, Earle Ike, 1966 Harbor Boulevard, Ike/Lewis Costa Mesa, authorized agent for Richard D. Lewis, 1023 Waters Street, Aspen, Colorado, to amend the land use designation of properties located at 436-450 Bernard Street and at 1945-1955 Parsons Street frau Medium Density Residential to General Ccnmercial. Environ- mental Determination: Negative Declaration. This was accompanied by Rezone Petition R-84-05 which proposes changing the zoning of those properties frau R2 to Cl. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. SP -84-02 Because the next item on the agenda concerns property incorporating the site of the above applications, the public hearing was also held for Specific Plan SP -84-02, Costa Mesa City Council, to establish criteria for conversion of residential properties to commercial use; and to establish additional development standards for commercial uses in the block bordered by Harbor Boule- vard, Ford B,ad, Parsons Street, and Bernard Street, in a C1/R2 zone. Environmental Determination: Negative Declaration for General Plan Amendment GP -84-2B. 1 MOTION Negative Declaration Adopted Resolution 84-115 Adopted MOTION R-84-05 Denied MOTION Resolution 84-116 Adopted The Development Services Director summarized a memo- randum dated September 12, 1984, reviewing these applications. In their review of these applications, the Planning Commission recognized the need of the existing auto- mobile dealership to expand onto the residentially" zoned parcels on Parsons Street and Bernard Street and the acceptability of long -terns commercial redevelopment of those parcels. A primary concern was how to guide the transition from residential to commercial zoning to avoid the blighted conditions which frequently occur in the interim between rezoning and redevelopment of a property. Staff was directed to prepare a Specific Plan for the entire block bounded by Harbor Boulevard, Ford Road, Parsons Street, and Bernard Street. Specific Plan SP -84-02 would allow interim ccmmercial use of the General.Plan properties, but maintain R2 zoning until individual small parcels are combined and residential structures are removed. At the Planning Commission meeting of July 23, 1984, Earl Ike, owner of the auto dealership, requested that a requirement of the Specific Plan for a block wall (2.e., Page 6) be deleted. The Planning Com- mission retained the requirement, noting that a block wall between commercial and residential properties is a code requirement for commercial development and is required of other businesses. Also added was Condition 2.d., Page 7, for new development, prohibiting fences or walls from obscuring street setback landscaping. The Planning Commission recommended the following: (1) Adopt Negative Declaration; (2) Adopta resolution approving GP -84-2B, Option 1; (3) Deny Rezone Petition R-84-05; and (4) Adopt a resolution approving SP -84-02. Earl Ike, President of Earl Ike Imports, 1966 Harbor Boulevard, Costa Mesa, stated that a chain link fence was installed not knowing a permit was necessary. He asked that it be approved, stating that it represents security. There being no other speakers, vice Mayor Johnson closed the public hearing. On motion by Mayor Hall, seconded by Councilwoman Hertzog, the Negative Declaration of Environmental Impact was adopted; Resolution 84-115, being A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -84-2B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, approving Option I, which changes the land use desig- nation from Medium Density Residential to General Ca mnercial, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Mayor Hall, seconded by Councilman McFarland, and carried 5-0, Rezone Petition R-84-05, to change the zoning from R2 to Cl, was denied. On motion by Mayor Hall, seconded by Councilwoman Hertzog, Resolution 84-116, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, _ 2 ADOPTING A SPECIFIC PLAN SP -84-02, FOR PROPERTY BOUNDED BY HARBOR BOULEVARD, FORD ROAD, PARSONS STREET, AND BERNARD STREET, was adopted and was modified as speci- fied in a memorandLun written by Millie Summerlin, dated September 12, 1984, by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ORAL Michael Benzmiller, 2327 Cornell Drive, Costa Mesa, COMMUNICATIONS stated that someone was contracted to take out some of the trees in his neighborhood. He asked that the work be stopped because he does not want his tree removed. Councilwoman Schafer asked the Director of Public Services to explain this situation, and he stated that trees on City parkways are handled by the Leisure Services Department. Patricia Townsend, stated that she did a study for the Tree Committee, and root pruning seemed to be the best conclusion. MOTION A motion was made by Mayor Hall, seconded by Council - Stop Tree woman Schafer, and carried 5-0, to stop action on Removal on Cornell Drive, and have the City Manager report back Cornell Drive to the Council regarding the tree removal problem. COUNCILMANIC Councilman McFarland spoke regarding Proposition 36. COMMENTS He feels that this proposition is inappropriate and unnecessary, that it transfers to Sacramento, the Proposition 36 ability of a City to run itself, and information needs to get out to the voters. He asked that this be put on the agenda under New Business at the meeting of October 15, 1984, and at that time, would like to make a motion that the Council oppose Proposition 36. Councilwoman Hertzog stated that she is working on a task force to inform Orange County voters and agrees with Councilman McFarland regarding Proposition 36. Traffic Mayor Hall recommended and the Council Members agreed to Commissioner appoint Dan Gott to fill the unexpired term of Traffic Appointed Commissioner Charles Ropp, who has resigned. MOTION A motion was made by Mayor -Hall, seconded by Council - Traffic woman Schafer, and carried 5-0, to extend the terms of Commissioner's office to February 1, 1985, for the following Traffic Terms Extended Commissioners: Derald Hunt; Donald O'Neal; and Wayne Kraiss. Historical Mayor Hall stated that he received a letter from the Society Historical Society proposing a wall calendar to raise funds. They are selling each month to sponsors for $500.00, and the calendars will be sold for one dollar each. MOTION After brief discussion, a motion was made by Council - Funds woman Schafer, seconded by Councilwoman Hertzog, to Authorized sponsor the Historical Society in the amount of $500.00. 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 Parking on Mayor Hall mentioned that the parking situation at Newport Frontage Olden Truffle will be back for Council's review soon, Road and the Development Services Director stated that this item will be before the Planning Cmnission at their meeting of October 8, 1984. Proposition 36 Mayor Hall comnnented that he felt it is not appropriate for Council to take a stand on Proposition 36. Olympic Torch Vice Mayor Johnson stated that there were five torch Bearers bearers that ran through Costa Mesa and the private sector put together a continental breakfast in their honor. Vice Mayor Johnson felt that the City should pay for the breakfast, which amounted to $600.00. MOTION A motion was made by Vice Mayor Johnson, seconded by Funds Councilman McFarland, authorizing payment of $600.00. Authorized The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Schafer, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINING: COUNCIL,MEMBERS: Hertzog ADJOURNMENT The Vice Mayor adjourned t eeting t 9:35 p.m. N yor of the ty of Costa Mei ATTEST: ;'C' y Clerk of the City of Costa sa