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HomeMy WebLinkAbout12/03/1984 - City CouncilEW REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 3, 1984 The City Council of the City of Costa Mesa, California, met in regular session on December 3, 1984, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Bruce Jeske, Christ Lutheran Church. ROLL CALL Council Members Present: Hartzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director _of Public Services, City Clerk 17th Street Mayor Hartzog announced'that if anyone in the audience Beautification was present to discuss the 17th Street beautification program, this item is not on the Agenda and when a meeting is scheduled, all concerned persons will be notified. MINUTES On motion by Council Member Hall, seconded by Council November -19, 1984 Member Schafer, and carried 5-0, the minutes of the regular meeting of November 19, 1984, were approved as distributed and posted. PROCLAMATION Mayor Hartzog read a proclamation proclaiming the month "Lung Awareness of December, 1984, as "Lung Awareness Month" in the Month" City of Costa Mesa. The document was accepted by the Honorable Phillip Petty on behalf of the American Lung Association of Orange County. ORDINANCES A motion was made by Council Member Hall, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. ORAL COMMUNICATIONS Stephen Sheldon, representing the Young Conservative Alliance, 12862 Joy Street, Suite B, Garden Grove, Business Permit requested approval of a Notice of Intention to Appeal for Young or Solicit for Charitable Purpose by door-to-door Conservative solicitation at business centers frcxm December 4, 1984, Alliance through January 15, 1985. The funds will provide food and medical aid to the starving people of East Africa. While answering questions frau the Council, Mr. Sheldon MOTION reported that 90 percent of the funds collected will go Permit Approved to the charity. A motion was made by Council Member Hall, seconded by Council Member Wheeler, and carried 5-0, approving the permit. 17th Street James Mizell, whose business office is on East 17th Beautification Street, requested that he be notified of any proposed meetings or public hearings concerning the 17th Street beautification project. Mayor Hartzog responded that the people in that area will be notified of all meet- ings. eetings. Senior Citizens Anna Shereshevsky, 2152 Elden Avenue, Apartment No. 1, Committee Costa Mesa, expressed disappointment that the matter of forming a senior citizens advisory ccomission was not on the Agenda. Council Member Schafer stated it 1-1 M was her understanding that the group will be a ccarnnit tae, not a ccatatission. Mayor Hertzog explained that Council had just received a report from staff this evening, and that when this item is scheduled for a Council meeting, the senior citizens groups will be advised. Ocean Development/ Mayor Hertzog announced that the public hearings on the Barto/Tarnutzer Agenda for a GBneral Plan Amendment and a Rezone Fe ti - Public Hearings tion for Ocean Development Company, Incorporated, auth- orized agent for Barto/Tarnutzer, will be continued to December 17, 1984. CONSENT CALENDAR The following item was removed fram the Consent Calen- dar: Item 9(d), two-hour parking restrictions on Harbor Boulevard and on Merrimac Way. On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the remaining Consent Calendar items ware approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Council Member Schafer, seconded by Council Member Wheeler, Resolution 84-133, being A RESOLUTION OF Records Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, for Police AUTHORIZING RECORDS DESTRUCTION FOR THE POLICE DEPART- MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE MOTION NO. 75-60, was adopted by the following roll call vote: Resolution 84-133 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Adopted Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received from: Law Offices of Murchison and Cumming on behalf of Chapel of the Times Memorial Park; Attorney J. Clark Aristei on behalf of Stephen William Long; Attorney Kenneth A. Roberts on behalf of James Ortez; Attorney Randall L. Hite on behalf of David Stanton Silverman; and Attorney Steven L. Friedman on behalf of Jeffrey Alan Friedman, et al. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Camp Fire Purpose has been received from Orange County Council of Camp Fire, Incorporated, 513 East First Street, Tustin, by solicitation of funds door-to-door and by booth MOTION sales from January 18 to February 14, 1985. On motion Permit Approved by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the permit was approved with application of Section 9-234J of the Municipal Code. Arthritis Notice of Intention to Appeal or Solicit for Charitable Foundation Purpose has been received from Arthritis Foundation, 900 North Broadway, Suite 301, Santa Ana, by solicita- tion of funds door-to-door froom February 1 through 28, MOTION 1985, for medical and service programs. On motion by Permit Approved Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the permit was approved with application of Section 9-234J of the Municipal Code. REJECTED CLAIMS On motion by Council Member Schafer, seconded by Council Ball Member Wheeler, and carried 5-0, the claims from Betty Ball were rejected. Stag Fain/ On motion by Council Member Schafer, seconded by Council Hodson Member Wheeler, and carried 5-0, the claim frcn State Farm Insurance/Ronald Hodson was rejected. Hoffman On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim frau Chuck Hoffman was rejected. Long On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Roger Long was rejected. Maharis On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from George Maharis, doing business as Central Park Burgers, was rejected. AAA/Miller On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the claim from Automo- bile Club of Southern California/George L. and Adda A. Miller was rejected. ADMINISTRATIVE ACTIONS Bid Item 637 Phototypesetter and Processor MOTION Awarded to Compugraphic Change Order No. 1/Armenco Construction Bid Item 636-A Load Bearing Wall MOTION Change Order Approved Final Map and Agreement for Tract 11481 Newport Landing/ American [nest MOTION Map and Agreement Approved Bids received for Bid Item 637, Phototypesetter and Processor, are on file in the Clerk's office. On motion by Council Member Schafer, seconded by Council Member Wheeler, the contract was awarded to Conpugraphic Corporation, 16421 Carmenita Road, Cerritos, in the amount of $31,842.86, being the lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Director of Public Services has requested approval of Change Order No. 1, in the amount of $1,945.00, to the contract with Armenco Construction Campany, 21752 Esmalte, Mission Viejo, for Bid Item 636-A, Demolition of Structure and Reconstruction of Load Bearing Wall, in connection with the 19th Street widening project. The change order is required for additional load bearing supports for the bearing wall. On motion by Council Member Schafer, seconded by Council Member Wheeler, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Final Map and a Subdivision Agreement were presented for Tract No. 11481, Newport Landing Limited, American West Development Ccmpany, Post Office Box 10843, Beverly Hills; one lot, 4.80 acres, located at 2330 Vanguard Way, for condominium purposes. On motion by Council Member Schafer, seconded by Council Member Wheeler, the map and agreement were approved; the Council did accept on behalf of the City the easement for emergency and public security ingress/egress as dedicated; did also approve said map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; 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: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Ccomission has recamiended that parking be Parking on Orange prohibited along both curbs of Orange Avenue, 80 feet Avenue for Bus south of Bay Street, for the purpose of establishing Stops two bus stops. The Orange County Transit District had requested these bus stops for service to a new senior MOTION housing project in that area. On motion by Council resolution 84-134 Member Schafer, seconded by Council Member Wheeler, Adopted resolution 84-134, being A RESOLUTION OF THE CITY at Rea Ccmmunity COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTk - Center LISHING BUS STOPS WITHIN THE CITY OF COSTA MESA, was adopted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Easement Approved Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Ccmission has reccm-nended that parking be Parking on West prohibited along both curbs of West 18th Street between 18th Street Monrovia and Whittier Avenues, on Wednesdays between 6:00 a.m. and 8:00 a.m., for the purpose of street MOTION sweeping. On motion by Council Member Schafer, seconded Resolution 84-135 by Council Member Wheeler, Resolution 84-135, being A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON WEDNESDAYS BETWEEN 6:00 A.M. AND 8:00 A.M. ON A PORTION OF WEST 18TH STREET FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Carmission has recarunended that parking be Parking on prohibited along the easterly curb of LaSalle Avenue LaSalle Avenue from Sonora road south for a distance of 60 feet, for sight improvement. On motion by Council Member Schafer, MOTION seconded by Council Member A-ieeler, Resolution 84-136, resolution 84-136 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Adopted COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A POR- TION OF LA SALLE AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Weeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Crossing Guards The Traffic Camission has recommended the placement of at 18th Street crossing guards at 18th Street and Placentia Avenue. and Placentia The Ccmnission found that special conditions exist and Avenue concluded that a crossing guard would substantially enhance traffic safety. On motion by Council Member MOTION Schafer, seconded by Council Member Wheeler, and carried Guards Approved 5-0, the placement of crossing guards was approved. Utility Easement The Director of Leisure Services has requested that at Rea Ccmmunity Council approve a grant of easement to the Southern Center California Edison Canpany so that power can be supplied for the new parking lot light project and the modular MOTION move -in building at rea Community Center. On motion by Easement Approved Council Member Schafer, seconded by Council Member Wheeler, the easement 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: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Rental The Costa Mesa redevelopment Agency has requested that rehabilitation Council approve certain documents in connection with Program the Rental Rehabilitation Program: (1) an application to the United States Dapartient of Housing and Urban Development for 1985-86 rental rehabilitation funds; (2) Memorandum of Understanding with the County for processing Section 8 certificates/vouchers; and an agreement with United States Escrow Services, Incor- porated, for escrow services. MOTION On motion by Council Member Schafer, seconded by Council Application for Member Wheeler, authorization was given to apply for Funds Authorized 1984-85 rental rehabilitation funds, in the amount of $80,000.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Schafer, seconded by Council Memorandum of Member Wheeler, the Mayor was authorized to execute a Understanding Memorandum of Understanding with the County Housing Approved Authority for processing Section 8 certificates/vouchers in coordination with the rental program. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Schafer, seconded by Council Agreement with Member Wheeler, the Mayor was authorized to execute an United States agreement with United States Escrow Services, Incorpora- Escrow Approved ted, 8121 East Florence Avenue, Downey, for escrow services relative to the rental program. The motion carried. by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Extension of Time The Planning Commission has reccmmended that an exten- for ZE-82-132A sion to May 15, 1985, be granted for the following California Pacific/ project: Zone Exception ZE-82-132A, California Pacific Montgomery Ward Properties, authorized agent for Montgomery Ward Devel- opment Corporation, One Montgomery Ward Plaza, Suite 23-S, Chicago, Illinois, for retroactive extension of time for a Planned Development Review of a hotel/office MOTION complex, with a Conditional Use Permit for overlapping Extension parking, located at 3088 Bristol Street in a Cl zone. Approved On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the recammended extension of time was approved. Two-hour Parking Item 9(d) on the Consent Calendar was presented: a on Harbor Boule- recommendation frau the Traffic Commission for two-hour vard and on parking restrictions on Harbor Boulevard and on Merrimac Merrimac Way Way in each of two existing parking bays, as requested by Nabors Cadillac. Council Member Wheeler cemrnented that staff found that the parking restrictions are not needed. The Director of Public Services reported that Nabors Cadillac made this request because it is during the late evening hours that parking has become a problem. MOTION On motion by Council Member Schafer, seconded by Council Resolution 84-137 Member Hall, Resolution 84-137, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING TWO-HOUR PARKING ON PORTIONS OF HARBOR BOULEVARD AND ON MERRIMAC WAY, was adopted by the 71 following roll call vote: MOTION On motion by Council Member Hall, seconded by Council Ordinance 84-33 Member Wheeler, Ordinance 84-33, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION.OF BLOCK "C" AND A POR- TION OF CENTER STREET, TRACT NO. 18, FROM C2 TO PDC, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Cultural Arts Mayor Hertzog asked that Donald Smallwood, Chairman of Committee Report the Cultural Arts Committee, cane forward to report on that committee's recommendations concerning a goal statement. Mr. Smallwood, 1981 Kornat Drive, Costa Mesa, reviewed his memorandum dated November 26, 1984. The committee has adopted and has recamuended that Council adopt the following goal statement: "The City of Costa Mesa is committed to the encouragement and promotion of artistic excellence within the City. This commitment can best be implemented through a partnership between the City, the business community, and the artistic community which recognizes that artistic excellence and economic and social growth are interdependent. A dynamic relation- ship between government, the business ccmMunity, and the artistic community, dedicated to the development of excellence in the arts will enhance the quality of life, foster economic and cultural development, and transform the City's image of itself". The above-ventioned memorandum stages that the committee reviewed the Council Policy. concerning cultural program funding which was adopted by Council on May 7, 1984. The committee has reccimended that policy statement 3(c) criteria be changed to read as follows: (1) Artistic excellence as determined by critical reactions to the organization; (2) Audience demographics, for example, age, size, interest, sex, frequency, etc.; (3) Relevance of the organization's activities to the City's concerns; (4) Demonstration of sound fiscal management; (5) T-ongevity in serving the City of Costa Mesa; (6) Percentage of requests to organization's annual budget; and (7) Community leadership and support. AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented a request from the Planning staff R-84-14 to give second reading and to adopt Ordinance 84-33 in Redevelopment connection with Rezone Petition R-84-14, Costa Mesa Agency Redevelopment Agency, for property located at 1815-1839 Newport Boulevard and at 509-527 Center Street. Since the parcels have been combined as directed by Council, the City can now proceed with canpletion of the rezone process. MOTION On motion by Council Member Hall, seconded by Council Ordinance 84-33 Member Wheeler, Ordinance 84-33, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION.OF BLOCK "C" AND A POR- TION OF CENTER STREET, TRACT NO. 18, FROM C2 TO PDC, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Cultural Arts Mayor Hertzog asked that Donald Smallwood, Chairman of Committee Report the Cultural Arts Committee, cane forward to report on that committee's recommendations concerning a goal statement. Mr. Smallwood, 1981 Kornat Drive, Costa Mesa, reviewed his memorandum dated November 26, 1984. The committee has adopted and has recamuended that Council adopt the following goal statement: "The City of Costa Mesa is committed to the encouragement and promotion of artistic excellence within the City. This commitment can best be implemented through a partnership between the City, the business community, and the artistic community which recognizes that artistic excellence and economic and social growth are interdependent. A dynamic relation- ship between government, the business ccmMunity, and the artistic community, dedicated to the development of excellence in the arts will enhance the quality of life, foster economic and cultural development, and transform the City's image of itself". The above-ventioned memorandum stages that the committee reviewed the Council Policy. concerning cultural program funding which was adopted by Council on May 7, 1984. The committee has reccimended that policy statement 3(c) criteria be changed to read as follows: (1) Artistic excellence as determined by critical reactions to the organization; (2) Audience demographics, for example, age, size, interest, sex, frequency, etc.; (3) Relevance of the organization's activities to the City's concerns; (4) Demonstration of sound fiscal management; (5) T-ongevity in serving the City of Costa Mesa; (6) Percentage of requests to organization's annual budget; and (7) Community leadership and support. AMENDED MOTION Recommendations of Committee Adopted [,m MOTION Warrant 1269 Approved MOTION Warrant 1270 Approved CITY MANAGER REPORTS Purchase of Fairview Regional Park MOTION Authorization Given to Negotiate Purchase Mr. Smallwood continued his sumiary by reporting that the conunittee has recommended that the $30,000.00, which is in the promotional and advertising budget and earmarked for cultural arts groups, be allocated as follows: Opera Pacific, $5,000.00; Orange County Master Chorale, $10,000.00; South Coast Repertory Theatre, $5,000.00; South Coast Symphony, $10,000.00. The committee also suggests that during the next budget review, substantially more money be allocated to fund the myriad of arts organizations which presently reside within this community. Council Member Hall made a motion to adopt the recom- mendations of the committee regarding allocation of funds. The motion was seconded_by Council Member Schafer, and further discussion ensued. Council Member Meeler ca7nmented that he agrees with the recommended funding for Opera Pacific after its programs were explained to him. Vice Mayor Hornbuckle suggested that the criteria for funding also be included in the motion. Council Member Hall responded that it was his intent to adopt all recommendations contained in the aforemen- tioned memorandum and amended his motion to indicate that. The amended motion was seconded by Council Member Schafer, and carried 5-0. On motion by Council Member Hall, seconded by Vice Mayor Hornbuckle, Warrant Resolution 1269, including Payroll 8423, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, [feeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Council Member Hall, seconded by Vice Mayor Hornbuckle, Warrant Resolution 1270, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Txheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The City Manager recommended that Council authorize staff to negotiate with the County of Orange to purchase the 257 acres of property commonly referred to as Fair- view Regional Park. He also recommended that the property be purchased for park, recreation, and open space purposes, and that a condition of the purchase should be that the County of Orange does not,make a profit on the property except for recoverable costs that have already been expended. Vice Mayor Hornbuckle suggested that the present Fair- view Regional Park Citizens Ccmmittee be retained to evaluate and make recommendations to Council on matters concerning all City parks. Mayor Hartzog reccamended that Council discuss retention of that committee at the January Study Session. A motion was made by Council Member Hall, seconded by Council Member Meeler, authorizing staff to proceed with negotiations with the County of Orange for the purchase of Fairview Regional Park as recommended by the City Manager. The motion carried by the following roll call vote: 1 AYES: COUNCIL MEMBERS: Heartzog, Hornbuckle, Schafer, Hall, Vieeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARINGS The Clerk announced the public hearings, continued from GP-84-3B/R-84-16 the meeting of November 19, 1984, for Mahnaz Lawhorn, Lawhorn/Davidson authorized agent for Cecil R. and Clyde E. Davidson, 235 Lillian Place, Costa Mesa, for property located at 259 Walnut Street and at 1938 Tbstninster Avenue: General Plan Amendment GP -84-3B, to change the land use designation from Low Density Residential to Medium Density Residential; and Rezone Petition R-84-16, to change the zoning from Rl, Single-family Residential, to R2, Multi -family Residential. Environmental Detennination: Exempt. The Development Services Director reported that the Planning Commission and staff have recommended denial of both applications because they are inconsistent with the goals of the General Plan and with good planning practice. The applicant was not present. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Schafer, seconded by Council GP -84-3B Denied Member Hall, and carried 5-0, General Plan Amendment GP -84-3B was denied based on the finding that it is not consistent with the goals of the General Plan. MOTION On motion by Council Member Hall, seconded by Vice Mayor R-84-16 Denied Hornbuckle, and carried 5-0, Rezone Petition R-84-16 was denied. Mayor Hertzog directed the Planning staff to advise the applicant of Council's action as soon as possible. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-84-180- set for the public hearing to consider an appeal of the Stutz Imports Planning Commission's denial of Zone Exception ZE-84-180 from Gudrun W. Stutz, Stutz Imports, Incorporated, 2085 Placentia Avenue, Costa Mesa, for a sign variance to allow greater sign height, area, and number of tenants, located at the above address in an MG zone. Environ- mental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director reviewed staff's memorandum of November 27, 1984, and pointed out that a sign variance is necessary because the property does not qualify for a ground sign since the site is less than 200 feet wide and is less than one acre in size. The memorandum suggests that even if the site qualified for a ground sign, the Sign Ordinance would only allow the sign to display the name of the complex or one major tenant, and would limit the height to five feet. The appellant proposes to identify five tenants on a sign 10 feet high. The Director mentioned that in the past, both the Council and Planning Commission have denied such requests on Placentia Avenue. He also commented that approval of the request would be a grant of special privilege and that it would set a precedent for similar applications along Placentia Avenue. Council Member Hall stated that this appears to be a transitional area and it may be necessary in the future to designate the area as a special signing district. The appellant, Gudrun Stutz, was present and reported that signs could be changed because some tenants do not want signage. She explained that an identifiable sign is necessary because customers cannot find her business while driving along Placentia Avenue. Sid Soffer, 900 Arbor Street, Costa Mesa, felt that because of the narrow and deep lots in this area, the appellant should be granted the variance. There being no other speakers, the Mayor closed the public hearing. MOTION After brief discussion, a motion was made by Council Directed Staff Member Hall, seconded by Mayor Hertzog, directing staff to Evaluate to evaluate signage for properties in the industrial Certain Signage zone on Placentia Avenue for possible modification. The motion carried 3-2, Council Members Schafer and Wheeler voting no. Council Member Hall made a motion to continue this item until after the evaluation is completed; however, he withdrew that motion and moved to continue Zone Excep- tion ZE-84-180 to the meeting of May 20, 1985; the motion was seconded by Mayor Hertzog. After lengthy discussion concerning possible solutions, Mayor Hertzog called for a vote on the motion for a continuance. The motion failed to carry, Council Members Hartzog, Horn - buckle, Schafer, and Wheeler voting no. MOTION A motion was made by Vice Mayor Hornbuckle, seconded ZE-84-180 by Council Member Wheeler, to deny the variance. The Denied motion carried 4-1, Council Member Hall voting no. PUBLIC HEARING The Clerk announced that this was the time and place Appeal/Miller set for the public hearing to consider an appeal of a decision by the Building/Safety Director from Eldon G. Miller, 3150 Madeira Avenue, Costa Mesa, concerning an illegal patio and room addition at the above address. No camunications have been received. The Development Services Director stated that the Build- ing Safety Director was present to answer questions concerning this item. He then suTmarized his memorandum dated November 29, 1984, which states that the State of California requires the City to adopt and use the Uni- form Building Code (UBC). Pertinent sections are: Section 204 - In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this code, there shall be and is hereby createda Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertain- ing to building construction. The building official shall be an ex officio member and shall act as secre- tary of the board. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its investiga- tions and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. Section 205 - It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, L alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. The Development Services Director commented that the appellant is asking the Council to allow him not to conform to the Building Code. In conclusion, the memorandum states that the City is required to use the UBC; there is knowledge of a violation of Section 205; the building official's decision to enforce State law has been appealed; the Board of Appeals, created by Section 204, is the City Council since a separate board has not been appointed; no alternative building materials or construction methods have been proposed by the appellant; and no grounds appear to exist for the Board of Appeals to act. In response to a question from Council Member Hall, the Building Safety Director enumerated the alternative corrections which must be made in order to make the structure safe; however, these alternatives would not fully conform to the UBC. He also reported that the light and ventilation, as well as the energy require- ments, can be waived. The appellant, Mr. Eldon G. Miller, was present and reported that the addition to his have was done in 1964. He had a statement to read concerning the construction which has taken place at the Madeira Avenue site; how- ever, Mr. Miller asked Lafe Parkin, 2900 Redwood Avenue, Costa Mesa, to speak on his behalf. Mr. Parkin stated that the subject property is in escrow; the Millers intend to buy a hone in Las Vegas for health reasons; and the issue of conforming to the present code is preventing these transactions to be canpleted. Lengthy discussion ensued during which time the Building Safety Director answered technical questions from Lafe Parkin concerning the requirements of the UBC. During discussion, the Director emphasized that pursuant to the Code, he could not approve anything less than what is required by that Code. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that there is a section of State law which would allow the structure to remain as is; however, he did not have that information with him. Mayor Hertzog asked him to submit that documentation to the staff. Julie Sturdevant, 2037 Swan Drive, Costa Mesa, real estate agent for the appellant, stated that the Millers will lose their prospective buyer if the appeal is denied. Bernard Senn, 3156 Madeira Avenue, spoke in support of the appellant's request, stating that the structure in question is sound and there is no deterioration. James Emerson, 3162 Madeira Avenue, urged Council to resolve this problem as soon as possible. Council Member Hall addressed Mr. Miller and infon d him that one concern of the Council is that if a devia- tion from the UBC is granted, the City may be held liable for any possible accident. He asked Mr. Miller if he would be willing to sign a document relieving the City of any liability. Mr. Miller responded that he would be willing to do so but only for a reasonable amount of time. 7.' Council Member Hall asked about the legislation that Mr. Soffer had referred to earlier, and the City Attorney responded that neither he nor his staff could find such documentation. Mr. Soffer offered to go home and return Appeal Trailed with a copy of the statute. In view of the foregoing to Later in the offer, Mayor Hertzog trailed this item until after the Meeting first item under New Business, Zone Exceptions ZE-84-187 and ZE-87-193, have been heard. RECESS The Mayor declared a recess at 8:25 p.m. and the meet- ing eeting reconvened at 8:40 p.m. Appeal Hearing After the above-mentioned zone exceptions had been Continues heard, the Mayor announced that the appeal hearing would now continue. Lafe Parkin ccrcunented that the structure has been there for 20 years without any type of damage from earthquakes or storms. He reported that he had reviewed Sections 106 and 107 of the Uniform Building Cade and it states that under special circum stances where the code cannot be met, it is possible to approve a structure. He suggested that Council accept the roan and patio additions as they now stand and offered to submit an affidavit from a Civil Engineer confirming that the structure is safe, including the supports and.rafters. Mr. Parkin also offered to have an electrician inspect the wiring, with a City Elec- trical Inspector present, to verify that the wiring has been properly installed. Council Member Hall suggested that the Civil Engineer selected shall be with the approval of the City Attorney. Mr. Parkin agreed to that stipulation. There being no other speakers, the Mayor closed the public hearing. Council Member Wheeler commented that he wanted to make it clear that there were substantial hardships in this case, and that he would not expect similar circumstances to cane before the Council without similar hardships. He also thanked the staff and City inspectors for their concern with Mr. Miller's problems. MOTION Council Member Hall moved that the patio and roan addi- Additions to be tions will be considered to be in the spirit of UBC Accepted After Section 106, provided that Mr. Miller's representative Inspections are submit to the City within two weeks, the findings of a Completed licensed Civil Engineer that the structure is safe, that the rafters and footings will be expected to last as long as the normal life of the building; that the Civil Engineer is acceptable to the City Attorney; that a licensed electrician, in concert with a City Electrical Inspector, will inspect the wiring to verify that it does, in fact, amply with City codes; that the excess window area and insulation is acceptable due to the fact that they were installed prior to the most recent energy conservation procedures of the State of Cali- fornia. The motion was seconded by Council Member Wheeler, and carried 5-0. PUBLIC HEARINGS The Clerk announced that this was the time and place Ocean Development/ set for the public hearings for Ocean Development Barto/Tarnutzer Company, Incorporated, authorized agent for Barto/ Tarnutzer Venture I, 2915 led Hill Avenue, Suite F-200, Costa Mesa, for property located on 11 acres at the western terminus of West 18th Street: EIR for GP -84-3A Environmental Impact Report for General Plan Amendment GP -84-3A. '.._. 77. GP-84-3A General Plan Amendment GP -84-3A, to change the land use designation from Medium Density Residential to High Density Residential. R-84-17 Rezone Petition R-84-17, to change the zoning fron PDR -MD (Planned Development -Residential - Medium Density) to PDR -HD (Planned Development Residential - High Density) . Amendment to Master Amendment to the Master Plan of Highways to delete Plan of Highways the future extension of West 18th Street. The Aff idavit.of Publication is on file in the Clerk's office. No communications.have been received. MOTION On motion by Council Member Schafer, seconded by vice Held Over Mayor Hornbuckle, and carried 5-0, the public hearings were continued to December 17, 1984, as requested by the applicant. PUBLIC HEARING The Clerk announced that this was the time and place Abandonment on set for the public hearing to consider the abandonment Palace Avenue of surplus City right-of-way on a portion of Palace Avenue. The Affidavit of Publication is on file in the Clerk's office, and the property was posted as required by law. No communications have been received. There being no speakers, the Mayor closed the public hearing MOTION On motion by Council Member Hall, seconded by Council Resolution 84-138 Member Wheeler, Resolution 84-138, being A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ORDERING THE VACATION OF SURPLUS CITY RIGHT-OF- WAY LOCATED ONA PORTION OF PALACE AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Abandonment on set for the public hearing to consider the abandonment Sterling Avenue of surplus City right-of-way on a portion of Sterling Avenue. The Affidavit of Publication is on file in the Clerk's office, and the property was posted as required by law. A cornnunication has been received from the owner of Lyndy Properties, Incorporated, 1912 Wallace Avenue, Costa Mesa, in support of the abandonment. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Schafer, seconded by Council Resolution 84-139 Member Wheeler, Resolution 84-139, being A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ORDERING THE VACATION OF SURPLUS CITY RIGHT-OF- WAY LOCATED ON A PORTION OF STERLING AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS:- Hartzog, Hornbuckle, Schafer, Hall, Wheeler. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented the following two items for David Metro Business Ball, Metro Business Center, 505 Tustin Avenue, Suite Center/Kawamura 150, Santa Ana, authorized agent for Cenji Kawamura, 718 Saint James Place, Newport Beach: ZE-84-187 Zone Exception ZE-84-187, for a Final Planned Develop- ment Review for two two-story office buildings, each building containing approximately 40,000 square feet, and a Conditional Use Permit for excess compact park- ing, located north of South Coast Drive, east and west of the future Pansy Lane extension, in a PDC zone. Environmental Determination: Environmental Impact Report accepted for General Plan Amendment GP -82-3A. ZE-84-193 Zone Exception ZE-84-193, for a Final Planned Develop- ment Review for 298 residential units with variances from compact parking, perimeter landscape setback, open space, and parking design requirements, located at South Coast Drive and San Leandro Lane, in a PDR -HD zone. Environmental Determination: Environmental Impact Report accepted for General Plan Amendment GP -82-3A. The Mayor announced that each item will be considered separately. The Development Services Director reported that earlier this year Council had approved a change of the land use designation and a rezone for the property. 'Ihe decision this evening is whether or not Phase 1 meets the stand- ards of the PDC (Planned Development Commercial) and PDR -HD (Planned Development - High Density) zones. The Development Services Director reviewed staff's memorandum dated November 28, 1984, for Zone Exception ZE-84-187, and explained that the Conditional Use Permit for excess compact parking is no longer necessary since the applicant redesigned the site to provide parking per Code standards. The memorandum contains modifications to several conditions which were made at the Planning Ca mission meeting: No. 2 - Modification is for screening in the land- scaped area along the northern property line to be a canbination of decidious and evergreen trees (instead of only evergreen trees and shrubs); and the addition of the phrase, "under the direction of the Planning staff". No. 14 - Modified by changing the time for trash pickup frau 7:00 a.m. to 5:30 p.m., to 8:00 a.m. to 6:00 p.m. No. 21 - "The proposed buildings are an excessive distance from the street necessitating fire apparatus access and provisions of on-site fire hydrants." This is a finding rather than a condition so it was moved to Section V (Planning Staff Findings). No. 28 - Modified to require that the Grading Plan also include the "limits of work on the site". No. 29 - Modified by adding the requirement for a deposit prior to any on- or off-site work. No. 33 - "Grading Plans" changed to "Grading/Improve- ment Plans". No. 42 - Modified to read, "Private on-site drainage facilities will not be maintained by the City of Costa Mesa; they shall be maintained by the property owner". Add No. 44 - "Provide an autcmatic fire sprinkler system according to NFPA 13". Add Condition No. 45 - "Applicant shall provide blue dot reflectors for the identification of all fire hydrants, under the direction of the Fire Department. David Ball, Metro Business Center, introduced Robert Braunschweiger, A. C. Martin and Associates, 156 South Irving Street, Los Angeles, designer, who gave a slide presentation of the proposed project. Vice Mayor Hornbuckle referred to the 75 -foot setback along the northern property line of the site and expressed concern that the windows at that side of the building would interfere with the privacy of the adjacent hams. Mr. Braunschweiger responded that he has done his best to minimized this possibility with his proposal of planting shrubbery. Dan Gott, 953 Dahlia Avenue, member of the North Costa Mesa Homeowners Association, staged that the Associa- tion's Board of Directors has suggested that a decision on this project be delayed for 60 to 90 days to resolve some concerns. He also suggested that a camumittee be fomxmmed whose members would be representatives fran the City, real estate professionals, and homeowner associations. Mr. Gott felt that it is imperative that such a committee be formed prior to approval. He com- mented that there may be homeowners who will have justifiable claims in that the values of their proper- ties may decrease. Mr. Gott also noted that a delay of 60 to 90 days would benefit the new Council Members because it would give them additional time to review the Environmental Impact Report, and would allow the developer the opportunity to present all phases of the project. In response to questions from Council Member Schafer regarding the proposed committee, Mr. Gott suggested that the Mayor select representatives from the City, and the people recommended from the real estate and homeowners groups would be appointed with the approval of the Council. In connection with payment to those citizens who may have ligitimate claims, he suggested that the City set aside approximately five percent of the estimated $3 million in revenues which the City will derive from the project. Council Member Schafer cammmented that the developer has already met with the homeowners. Mr. Gott responded that even though he understands the project, there are others in the com- munity who need more information. Council Member Meeler asked Mr. Gott if the fund he suggested would be a topic for the proposed committee. Mr. Gott answered that the fund should be set aside for compensation to those homeowners who suffer damage or loss of property value. Stephen Eakin, 1054 Visalia Drive, expressed his concern that there are not enough parking spaces for the apart- ment partment project and this will result in excessive off-site parking in residential areas. He also reported that at a meeting held on November 29, the developer verbally agreed to raise the existing walls on Dahlia Avenue (which is north of the site) to eight feet, and to install double -paned windows on the second story to reduce noise and increase privacy. These same improve- ments were also proposed for residences adjacent to the Segerstrom project and all Greenbrook hones bordering on Sunflower Avenue. Mr. Eakin felt that the same improvements should be made to those residences in Mesa Woods, the Award Hanes, and Wimbledon Hanes which border on Sunflower Avenue, as well as dwellings in Mesa Woods along San Leandro Drive. In addition, Mr. Eakin felt that homeowners along South Coast Drive will be the most severely impacted during construction, consequently, these people should also receive the benefits proposed by the developer for the Greenbrook Tract. Jon Paradis, 1140 Salinas Avenue, President of the North Costa Mesa Honeowners Association, stated that the asso- ciation has always objected to this project; however, if this phase is approved, the homeowners are requesting that the developer and City provide certain mitigating measures to insure that residents will be protected frau construction noise and preserve their privacy: (1) In order to prevent traffic overflow, security gags should be provided by the developer for all surrounding residential tracts. (2) Underground all utilities along Sunflower Avenue to Fairview Road. (3) Provide crossing guards on all affected major streets. (4) Perimeter walls on all surrounding tracts, not only along the south wall of the Greenbrook Tract, be raised to an appropriate height which will.have some sound attenuation. (5) In reference to Wakeham Park, provide sufficient ingress and egress,.and construct a street on the south side of the park. (6) Provide sufficient parking adjacent to Wakeham Park that is off-site parking so that cars will not spill over into the residential area. (7) Earmark a percentage of the money the developer must contribute to the General Park Fund for upgrading and maintaining Wakeham Park. (8) If, in fact, the developer will provide double - paned windows for two-story residences, that this type of protection be equally applicable to the other perimeter two-story hones of the North Costa Mesa area. (9) Despite security gags, the City should maintain interior streets in the North Costa Mesa Tract. (10) The City rigorously enforce the noise ordinance during construction. Henry Armantrout, 1068 Visalia Drive, had a list of reasons for delaying a decision on this project: (1) The plans for a 296 -unit apartment ccanplex would result in closing off the south end of Wakeham Park. He felt this would be a detriment because a street, and additional parking for the park, are needed at that location. (2) It is his understanding that the park fees which the developer is -required to pay will not be used for any park improvements. In view of this, he suggested that the funds be used to add parking at the south end of Wakeham Park, and possibly at the north end. (3) The plans call for 30 guest parking spaces for the apartment project, which is not adequate. He recommended that Council require a modifica- tion of the plans to reduce density and add more parking. (4) Trash areas are too far away from many of the units. (5) The plans call for carports instead of garages. He felt garages should be required. (6) Open space was created at the expense of providing parking; however, the proposed parking is not adequate. (7) Delay approval of the project until the plan has been reviewed by all residents at a general meet- ing eeting to be scheduled by the homeowners association. (8) Density of the apartment project should be reduced as indicated in the Staff Report. (9) Floor plans have not been made available. (10) Forty percent of the parking spaces being desig- nated for compact cars is inadequate. (11) Residents want to know how future developments will affect the surrounding areas in regard to flood control. Mr. Armantrout concluded his statements by urging the Council to delay a decision until all problems have been resolved. Bobbi Floyd, 1059 San Pablo Circle, Vice President of the North Costa Mesa Homeowners Association, submitted copies of letters she had written to the Council and Mr. Segerstran, and a reply letter fram Mr. Segerstran. She felt that there are two major concerns: a need for crossing guards and for security gates. She suggested that crossing guards be provided at all intersections used by school children; and that security gates be installed in surrounding tracts, especially at the Wimbledon Tract. She reported that Mr. Segerstrcm is willing to participate in a study concerning security gates; however, it is her understanding that 75 percent of the homeowners must agree. Mrs. Floyd volunteered to obtain the needed signatures. Robert Olea, 998 Azalea Drive, stated that he had attended a meeting at the Werner residence at which time the developer explained the project, and many people approved of it. He commented that this meeting was not a secret meeting but was open to anyone who wanted to attend. Mr. Clea expressed his approval of the project and felt that it would upgrade the area. Forest Werner, 992 Azalea Drive, recommended that during construction, the developer provide a temporary four - foot wide paved walkway on South Coast Drive to ensure the safety of children walking to school. Mr. Werner also commented on the meeting which was held at his home and reiterated that this was not a secret meeting, but was open to all interested persons. Vice Mayor Hornbuckle agreed with Mr. Werner's sugges- tion to provide walkways for the children, and recom- mended that these be available during all phases of construction. 8 Mayor Hartzog expressed her opinion that problems should be addressed as they arise because there is a possibil- ity that eight -foot walls and security gags will not be necessary. Council Member Hall referred to the issue of providing security gates, and commented that not all residents favor this option. He also suggested that the City Manager investigate the feasibility of the City main- taining the streets in a gated canmunity. Council Member Hall stated that not all residents agree that more parking should be provided at Wakeham Park. He agreed with the suggestions that crossing guards and paved walkways should be provided. In conclusion, Council Member Hall commented that he believed this project would improve the area. A motion was made by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, to continue Zone Exception ZE-84-187 to February 4, 1985, to allow residents to continue to work with the developer to minimize the adverse impacts of the project on the residents in the neighborhood; to authorize the Mayor to be the Council's representative on the tri -partisan committee composed of representatives of the developer, representatives of the North Costa Mesa Homeowners Association, one real estate agent to be chosen by the developer, one real estate agent to be selected by the homeowners associa- tion, and one real estate agent mutually acceptable to the developer and the homeowners. Vice Mayor Hornbuckle asked what the function of the cc mittee would be. Council Member Wheeler responded that he hoped the committee would work together to minimize the problems that were discussed this evening. He further commented that he felt the problems could be resolved by early February, 1985. Council Member Schafer opposed the formation of a can- mittee since no one fram the community had contacted the Council to voice their concerns regarding this first phase, and because many of the problems are being addressed now. She did not believe anything would be acccxnplished by delaying a decision. Mayor Hartzog agreed that most concerns of the community can be easily mitigated. She suggested that Council take action and continue the dialogue with the residents and address these problems as they arise. Council Member Hall agreed in concept with the state- ments made by Council Members Hartzog and Schafer, and added that as the project proceeds, other concerns may arise and they should be addressed at that time. Council Member Wheeler restated his motion as shown above. The motion failed to carry 3-2, Council Members Hartzog, Schafer, and Hall voting no. Mayor Hartzog favored the formation of a committee. MOTION A motion was made by Council Member Hall to approve Zone ZE-84-187 Exception ZE-84-187, based on the analysis and findings Approved contained in the Staff Raport, subject to all conditions shown in the Staff Peport with modifications as detailed in staff's memorandum of November 28, 1984; recognizing that the Conditional Use Permit for excess ccdmmpact park- ing is no longer required due to a redesign of the project; and with the additional conditions that the developer will work with the residents of the Greenbrook area located on Azalea Drive adjacent to Sunflower Avenue, and with the residents on Dahlia Avenue whose properties are located next to the garden office project, to mitigate the noise impact of additional traffic by raising the walls to a height agreeable to the homeowners; that the developer shall also provide double -paned windows on second -story windows at both locations; that the developer install a temporary paved area south of South Coast Drive as requested by Mr. Werner, representative from the school district, so that children will be protected from construction equipment; and a reminder to the developer that the noise ordinance of the City shall be observed relative to the hours of construction and the noise impact of construction equipment. The motion was seconded by Council Member Schafer. Council Member Hall also mentioned that as far as flood impacts are concerned, the project's parking area will be at a lower level than.the homes and water will drain away frau the residences. In view of this, there will be no flood problems. The motion carried 3-2, Council Members Hornbuckle and Wheeler voting no. ZE-84-193 The Development Services Director reported on Zone Re -introduced Exception ZE-84-193, Metro Business Center, authorized agent for Genji Kawamura, which was presented earlier Metro Business by the Clerk along with Zone Exception ZE-84-187. This Center/Kawamura is a residential project at South Coast Drive and San Leandro Lane. He referred to staff's memorandum dated November 28, 1984, and pointed out that the application originally consisted of 298 units with variances from compact car, perimeter landscaping, open space, and parking design standards; however, the project has been revised to now include 296 units and variances from only compact car and perimeter landscaping requirements. The Planning Commission recammended approval of the project, as revised, subject to conditions as amended, based upon the overriding considerations related to the housing needs of the community and the conforntance of the project to adopted General Plan goals. The Ccxmmission modified Condition No. 49 for clarification purposes, and added Condition No. 56 to require planting of the balance of the property south of South Coast Drive to control dust as requested by a neighboring residential property owner. The Planning staff recanmended approval of the perimeter landscape setback variance; denial of the compact car variance; and denial of the Final Planned Development Review, or approval of the project at a reduced density. Robert Braunschweiger gave a slide presentation of the proposed project and answered questions frau Vice Mayor Hornbuckle concerning carports and assigned parking. George Argyros, Metro Business Center, was present and explained that assigned parking is based upon the size of the unit. He mentioned that there are 16 three- bedroom family units and these are located near the park. Mr. Argyros, in responding to questions frau Vice Mayor Hornbuckle, reported that the rentals will be upper -medium levels with sane affordable units; that the patios/balconies will be 100 square feet as required by law; and that, if necessary, arrangements will be made so that apartment residents and their guests will be able to use the parking facilities at the garden office project. Council Member Wheeler referred to staff's statement that the project does not meet density criteria. David Ball, Metro Business Center, responded that the City's goal for housing to be located near employment is an overriding factor, and this factor has been met. Council Member Wheeler asked if there is a County obli- gation for low-income housing. Mr. Ball responded that there is no requirement for low-cost rental units because the project is being financed by private funds, not by bond financing. Stephen Eakin, 1054 Visalia Drive, stated that the project appears to be very nice; however, he did not approve of the location. Mr. Eakin requested that the developer be directed to provide block walls along Visalia Drive to mitigate construction noise. He also voiced his concern over excess on -street parking, stat- ing tating that apartment projects have always produced parking problems. Dick Mehren, 1824 Kinglet Court, stated that although he does not live in the project area, he is concerned that the density is too high. He agreed with staff's recommendation that the density be reduced. Council Member Hall asked if the berm and wall along San Leandro Lane could be constructed first to create a buffer from construction, and if walls could be con- structed for residents on that street. Mr. Argyros responded that the berm and wall will be constructed as immediately after the grading and street are completed. He commented that once the wall and berm are in place, he did not believe further noise attenuation will be needed. Mr. Argyros also stated that there will be no storage of construction equipment along San Leandro Lane. Harry Rinker, Metro Business Center, stated that they have an open field from which to work, and confirmed that Bear Street will be used for moving construction equipment, not San Leandro Lane. Council Member Wheeler stated that the developer has not met criteria for high density, and that the project should be rejected as recommended by staff. MOTION Council Member Schafer moved to approve Zone Exception ZE-84-193 ZE-84-193 for a maximum of 27.9 units per acre and to Approved deny the parking variance, with a reminder to the developer that he must meet applicable parking standards under the direction of the Development Services Direc- tor; approval is based on the finding that the setback variance meets the intent of the Code because the total square footage exceeds what is required; if there is a need to reduce the density to meet parking and/or open space standards, this shall be accomplished under the direction of the Development Services Director; the project is not to exceed the existing proposed height; approval is also based on the analysis and findings contained in the Staff Report, the recommendations of the Planning Commission, and staff's report to Coun- cil; subject to all conditions as modified, including modifications suggested by Council; authorizing the Mayor, as Council's liaison, to work with the developer and homeowners to mitigate the concerns expressed by the Council and the homeowners; and directing the developer and residents on San Leandro Lane to nego- tiate on noise attenuation measures. The motion was seconded by Council Member Hall. During discussion, Council Member Hall asked that two more conditions be added to the motion: that the developer provide for a gate leading into the cammer- cial parking area; and that the developer construct the berm and wall on the westerly portion of the property - as early during construction as possible to mitigate noise for the people on San Leandro Lane. Council Member Wheeler requested that another condi- tion also be added: that the parking in the accessible area of the commercial project not be considered by the staff as meeting the parking requirements. AMENDED MOTION Council Member Schafer amended her motion to include the Three Conditions conditions suggested by Council Members Wheeler and Added Hall. The amended motion was seconded by Council Member Hall. Vice Mayor Hornbuckle ca-nented that staff has found that the project does not meet enough criteria to allow density higher than the minimum density entitlement which is 15.1 units per acre, and she agreed with this finding. She also mentioned that there are too many high density projects proposed for north Costa Mesa. Council Member Wheeler expressed agreement with the statement made by the Vice Mayor. Council Member Hall then asked for clarification of that portion of the motion relating to noise mitigation measures for San Leandro Lane. Council Member Schafer explained that she intended to state that after the residents on San Leandro Lane reach an agreement for resolution of their concerns, they should then present their decision to the developer. George Argyros, Metro Business Center, offered to install double -glazed panes on the second -story windows of his on San Leandro Lane before construction starts. Stephen Eakin spoke again and pointed out that there are homes on San Leandro Lane without block walls and he felt the walls would be necessary to reduce construction noise. Dan Gott also spoke again reiterating that a carnmittee is needed to discuss potential problems. Council Member Hall explained that a committee will be formed for this purpose. The Mayor called for a vote on Council Member Schafer's amended motion, and the motion carried 3-2, Council Members Hornbuckle and Wheeler voting no. MOTION Staff Directed A motion was made by Council Member Schafer, seconded by to Evaluate Council Member Hall, and carried 5-0, directing staff to Compact Parking evaluate Citywide compact parking standards. RECESS The Mayor declared a recess at 11:30 p.m., and the meet- ing reconvened at 11:45 p.m. ZE-80-26A4 The Clerk presented Zone Exception ZE-80-26A4, Bluerock Blue -rock/ Partnership, authorized agent for C. J. Segerstron and Segerstrom Sons, 3315 Fairview Road, Costa Mesa, for an amendment to an existing Planned Development, and a Conditional Use Permit to allow the construction of a council office for the Boy Scouts of America, located at 3590 Harbor Gateway North in a PDI zone. Environmental Determina- tion: Environmental Impact Report accepted for Zone Exception ZE-80-26. The Development Services Director reviewed staff's memorandum of November 28, 1984, reporting that the Planning Commission recommended approval subject to conditions contained in the Staff report, modified as shown in the above memorandum. The amendments were made to Condition Nos. 2, 4, and 12. Malcolm Ross, C. J. Segerstrom and Sons, was present and responded to a question from Vice Mayor Hornbuckle regarding the driveway. He reported that a lot line adjustment had been made to accommodate the driveway for this application, and the separate, double -use driveway has been relocated approximately 200 feet away so that there will be no conflict between the two drive- ways - Mr. Ross also responded to Mayor Hertzog's inquiry relating to the CENTROCCS program and trip end fees by stating that cost was not a concern, just the pro- gram itself. Council Member Hall suggested that trip end costs be negotiated with the Transportation Services Manager and Mr. Ross agreed with that recommendation. The City Manager reported that the program and fees will be discussed at a Study Session. MOTION On motion by Council Member Hall, seconded by Council ZE-80-26A4 Member Wheeler, and carried 5-0, Zone Exception Approved ZE-80-26A4 was approved based on the analysis and findings contained in the Staff Report, subject to all conditions recommended by the Planning Ccamission, as modified, and authorized that trip end costs and CENTROCCS program costs be negotiated under the direc- tion of the Transportation Services Manager. Public Safety The City Manager presented a request fran the public retired Employees safety retired employees for additional retirement Benefits benefits. He referred to his memorandum dated Novem- ber 29, 1984, which contains background information on the Public Safety retirement Plan. A problem exists with the wording agreed upon in the 1980-81 Memorandum of Understanding. MOTION A motion was made by Council Member Hall, seconded by Credit Council Member Wheeler, and carried 5-0, indicating Authorized to the Retirement Canmittee and the retirement Plan's Attorney that it was the Council's intent to credit, for retirement purposes, the 7 or 9 percent factor discussed in the above-mentioned memorandum. COUNCILMANIC Council Member Wheeler ca mented that he was happy to COMMENTS see so many people attend the meeting. He also thanked staff for their work especially on the Miller appeal Staff Commended and the Arnel project. John Wayne Airport Vice Mayor Hornbuckle reported that she had attended a meting in Newport Beach concerning John Wayne Airport. She stated that a slide presentation was given at that meting and recommended that the Council also view these films. The Vice Mayor received a copy of a resolution from the City of Newport Beach staff and they are asking this City to consider it for adoption. Mayor Hertzog suggested that this matter be discussed at the Study Session scheduled for December 10, 1984. Pacific Council Member Wheeler requested that at the December Amphitheatre Study Session, discussion be held concerning the Pacific Amphitheatre problems. It was decided that this matter should be addressed at a closed session because of pending litigation. Business Permit Mayor Hertzog requested Council ratification of a Notice for Orange County of Intention to Appeal or Solicit for Charitable Purpose Master Chorale frau the Orange County Master Chorale, 11612 Suburnas Way, Santa Ana, by selling raffle tickets to members of its audience frau December 1, 1984, through June 15, MOTION 1985. All funds will be used for concert operating Permit Approved expenses. On motion by Mayor Hertzog, seconded by Council Member Hall, and carried 5-0, the permit was approved. ADJOURNMENT At 12:10 a.m., the Mayor adjourned the meeting to a closed session at 1:30 p.m., on December 10, 1984, in the fifth floor Conference Roan of City Hall for the purpose of discussing pending litigation. r of MEW- - Cify ' ATTEST: -C y Clerk of the City ofCos Mesa