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HomeMy WebLinkAbout01/21/1985 - City Council113 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 21, 1985 The City Council of the City of Costa Mesa, California, met in regular session January 21, 1985, 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 Charles D. Clark, First United Methodist Church. ROLL CALL. Council Members Present: Hartzog, Hornbuckle, Hall, Wheeler Council Members Absent: Schafer Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk Visitors frau Mayor Hartzog introduced His Worship and Mrs. Ian England Moy-Loader, Mayor and Mayoress of the Borough of Hove, Introduced Sussex, England; their daughter, Geraldine Des Moulins; and the Mayor's secretary, Peter Rowland. Mayor Hartzog presented the Mayor and Mayoress with keys to the City; and the Mayor of Hove presented a silver tray to Mayor Hartzog. MINUTES On motion by Council Member Wheeler, seconded by Council January -7, 1985 Member Hall, and carried 4-0, the minutes of the regular meeting of January 7, 1985, were approved as distributed and posted. ORDINANCES A motion was made by Council Member Hall, seconded by Council Member Wheeler, and carried 4-0, to read all ordinances by title only. ORAL COMMUNICATIONS Sid Soffer, 900 Arbor Street, Costa Mesa, referred to litigation involving the City and the Pacific Amphi- Amphitheatre theatre, and stated that it is his understanding, after Litigation talking with a State police officer, that the police department in charge of keeping order at the Amphi- theatre can enforce applicable laws. CONSENT CALENDAR The following item was removed fran the Consent Calen- dar: Item 3(b), a claim fran Terrilee Sledge was removed frau the Agenda. On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 4-0, the following Fading Folder items were received and processed: Claims Claims received by the City Clerk: Attorney Nick O'Malley on behalf of James Farley; Brent Harder; Abigail P. Land; and Attorney Lawrence A. Strid on behalf of Barton Andelin. SET FOR PUBLIC On motion by Vice Mayor Hornbuckle, seconded by Council HEARING Member Wheeler, and carried 4-0, a request for towing charge increases was set for public hearing on Febru- Tbwing Charge ary 4, 1985, at 6:30 p.m., in the Council Chambers of Increase City Hall. REJECTED CLAIM On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 4-0, the claim frau the City Laguna Beach of Laguna Beach was rejected. ADMINISTRATIVE The Director of Public Services has requested approval ACTIONS of Change Order No. 2, in the amount of $12,824.00, to the contract with Pscmas and Associates, 150-A Paularino Change Order No. 2 Avenue, Costa Mesa, in connection with Assessment Psanas District No. 82-2, South Coast Metro Center. During construction, changes and additions were requested by Assessment District the developer and the property owner, such as relocation No. 2 - South Coast of driveways and additional water service lines. This Metro Center cost increase will be assessed to the individual lots. On motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member Wheeler, the change order was approved by the Change Order following roll call vote: Approved. AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Agreement - Born, The Director of Public Services has requested approval Barrett of an agreement with Born, Barrett and Associates, 3184 National Avenue, Airway Avenue, Costa Mesa, in the amount of $159,355.00, Harbor -Maple for design of the Harbor -Maple storm drain. On motion Storm Drain by Vice Mayor Hornbuckle, seconded by Council Member MOTION Wheeler, the agreement was approved, and the Mayor and MOTION Clerk were authorized to sign on behalf of the City. Agreement The motion carried by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Notice of Canpletion Storm Drain Improvements for Republic Avenue, National Storm Drains for Avenue, and President Place have been canpleted to the Republic Avenue, satisfaction of the Director of Public Services by Matt National Avenue, J. Zaich and Sons, Incorporated, 309 West Broadway, and President Place Glendale. On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, the work was accepted; the MOTION Clerk was authorized to file a Notice of Canple tion; Work Accepted authorization was given to release retention funds immediately; the Performance Bond was ordered exonerated 35 days after the Notice of Canpletion has been filed;. and the Labor and Material Bond was ordered exonerated 7 months after the Notice of Canpletion has been filed. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Notice of Completion Installation of Drainage Culverts on Fair Drive between Drainage Culverts Harbor Boulevard and Fairview Road have been canpleted on Fair Drive to the satisfaction of the Director of Leisure Services by H.J.H. Western Contractors, 14450 Hoover Street, MOTION Westminster. On motion by Vice Mayor Hornbuckle, sec - Work Accepted onded by Council Member Hall, the work was accepted; the Clerk was authorized to file a Notice of Canpletion; and authorization was given to release retention funds and exonerate the bonds 35 days after the Notice of Canple tion has been filed. The motion carried by the following roll call vote: 15. AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Addendum to Contract The Director of Leisure Services has requested approval with C.D.C. of an addendum to the contract with C.D.C. Engineering, Engineering Incorporated, 2691 Richter Avenue, Suite 121, Irvine, in the amount of $1,950.00, for additional engineering Improvements at design services for the parking lot improvements at.Rea Rea Center Community Center. On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, the addendum was MOTION approved by the following roll call vote: Addendum Approved AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Conveyance of The Costa Mesa Redevelopment Agency has requested that Property to the Council authorize conveyance of approximately 0.361 - Redevelopment acre along a portion of Newport Boulevard to the Agency. Agency It is necessary for the City to convey all interests it has on Newport Boulevard for redevelopment purposes, specifically The Courtyards Project. On motion by Vice MOTION Mayor Hornbuckle, seconded by Council Member Wheeler, Resolution 85-3 Resolution 85-3, being A RESOLUTION OF THE CITY COUNCIL Adopted OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST REQUIRES CONVEYANCE OF CERTAIN REAL PROPERTY TO THE COSTA MESA REDEVELOPMENT AGENCY, AND AUTHORIZING THE CONVEYANCE OF SAID PROPERTY BY THE CITY TO THE AGENCY, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Actuarial Report On motion by Vice Mayor Hornbuckle, seconded by Council for Retirement Plan Member Wheeler, and carried 4-0, the Actuarial Valuation Report as of June 30, 1984, for the Retirement Plan for MOTION Safety IImployees of the City of Costa Mesa, was received Received and Filed and filed. Agreement with The City Manager has recommended approval of an agreement California 457 with California 457 Benefits, Limited, 200 South Anaheim Benefits Boulevard, Anaheim, to administer the City's Deferred Compensation Plan, replacing National Plan Coordinators. Deferred Discussions were held with the employee organizations Compensation and an agreement was reached that California 457 be Plan reccrmnended to administer the plan on behalf of the City.. A motion was made by Vice Mayor Hornbuckle, sec - MOTION onded by Council Member Wheeler, approving an agreement Agreement with California 457 Benefits, Limited, to administer the Approved City's Deferred Compensation Plan, and authorizing the City Manager to sign all necessary documents. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer OLD BUSINESS On motion by Council Member Hall, seconded by Council Member Wheeler, Ordinance 85-1, being AN ORDINANCE OF R-84-18 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Rea Center CHANGING THE ZONING OF A PORTION OF LOT "A" OF THE BANNING TRACT FROM I AND R -S (INSTITUTIONAL AND RECREA- MOTION TIONAL SCHOOL) TO I AND R (INSTITUTIONAL AND RECREA- Ordinance 85-1 TIONAL), in connection with Rezone Petition R-84-18, Adopted rea Community Center, was given second reading and adopted by the following roll call vote: I J G.. AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Agreement with The Clerk presented from the meeting of January 7, 1985, Berryman and an agreement with Berryman and Stephenson, Incorporated, Stephenson 1360 South Anaheim Boulevard, Suite 200, Anaheim, for consulting services in connection with inspection of the Inspection of City's Cable network construction, at a cost of $42.00 Cable Construction . per hour. At the Council meeting of January 7, Coaxial Communica- tions Company, Post Office Box 2656, Capistrano Beach, raised certain questions concerning the award of the contract and requested a continuance so that staff could respond to those inquiries. The questions were sub- mitted to the City in a letter dated January 8, 1985. The City Manager reported that he responded to Coaxial's concerns in his letter of January 16, 1985, and copies of that letter had been distributed to the Council. Council Member Wheeler stated that certain questions have been raised by Coaxial Communications Company regarding Ron Dyas, the City's former cable consultant, and since Mr. Dyas is a former client of his, he will abstain from any discussion or vote on this item. Alan J. Crivaro, 1201 Dove Street, Suite 470, Newport Beach, attorney for Coaxial Communications Company, read a statement in which Coaxial withdrew their opposition to award of the contract. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Contract Awarded umber Hall, the contract for consulting services in to Berryman and connection with the City's cable network construction Stephenson was awarded to Berryman and Stephenson, 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: Hartzog, Hornbuckle, Hall NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer ABSTAINING: COUNCIL MEMBERS: Wheeler Claim from The Clerk presented frau the meeting of January 7, 1985, Jams Orte z a claim from James Ortez. On motion by Council Member Rejected Wheeler, seconded by Council Member Hall, and carried 4-0, the claim was rejected. Amphitheatre The Clerk presented a request from Concerned Citizens Lawsuit/Concerned of Costa Mesa asking for $4,000.00 to fund their appeal Citizens of Costa of a lawsuit against the Pacific Amphitheatre. That Mesa group's lawsuit is based on the public nuisance issue, and on an inadequate Environmental Impact Report rela- tive to construction of the Amphitheatre. This matter was discussed at the Study Session of January 14, 1985. MOTION Council Member Wheeler moved to allocate funds in an Funds Authorized amount not to exceed $4,000.00, to be paid jointly to Concerned Citizens of Costa Mesa and their attorney, to be used to finance an appeal of the public nuisance lawsuit, which also contains a cause of action for an inadequate Environmental Impact Statement. The motion was seconded by Vice Mayor Hornbuckle, and carried 4-0. The City Manager asked that the motion also include the stipulation that these funds are to be taken from the Council Contingency Account. All Council Members agreed to add that statement to the motion. t ��1 Employee The Clerk presented the Employee Recognition Program. Recognition Program Council Member Wheeler made a motion to direct the City Manager to implement a Patrolman Recognition Program as MOTION detailed in his memorandum of November 29, 1984, and Implement Patrolman in accordance with the terms and provisions thereof. Recognition Program The motion was seconded by Vice Mayor Hornbuckle. Mayor Hertzog stated that she has concerns with such a program in that it does not include all City employees. Council Member Wheeler responded that he agreed that all employees need a recognition program; however, he felt that a most pressing need exists in the Police Department. He stated that it was his intention to start the program in the Police Department and then expand it to all employees. Motion Failed The motion to implement the program failed to carry 2-2, to Carry Council Members Hertzog and Hall voting no. WARRANTS On motion by Council Member Hall, seconded by Council Member Wheeler, Warrant Resolution 1274, including Pay" MOTION roll 8501, was approved by the following roll call vote: Warrant 1274 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Approved Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer CITY ATTORNEY REPORTS 'Ihe City Attorney referred to the confidential memoranda of January 9 and January 17, 1985, in which he and his Erickson Lawsuit staff have requested authorization to settle the Louise Erickson lawsuit. MOTION On motion by Vice.Mayor Hornbuckle, seconded by Council Settlement Member Wheeler, and carried 4-0., authorization was given Authorized to settle the Erickson lawsuit as recamnended in the memorandum dated January 9. CITY MANAGER REPORTS The City Manager presented a resolution establishing rates of pay for part-time job classifications. Re- eSalary SalaryIncreases recamiended increases ranging from 0 to 16 percent. The for Part time average increase is just above five percent. The City D.nployees Manager stated that most of the increases reflect a survey of surrounding cities as well as some internal comparison and relationships. 'Total cost to the City will be between $15,000.00 and $20,000.00 for the remainder of the fiscal year. Council Member Wheeler stated that even though the five percent is a fair increase, he believes that it should have been larger. He indicated that good employees should be justly compensated and offered the opportunity to advance. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 85-4 Member Wheeler, Resolution 85-4, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING RATES OF PAY FOR JOB CLASSIFICATIONS PLACED OUTSIDE THE BASIC PAY SCHEDULE, was adopted by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of ZE-84-79 the meeting of January 7, 1985, to consider an appeal of Menke the Planning Cmmission' s denial of a request to renew Zone Exception ZE-84-79, frau Dale Menke, Ice Box Arcade (Inf-O-Rama Systems, Incorporated), 1391 East Pacifico .- . i1s. Avenue, Anaheim, authorized agent for Ice Capades, Incorporated, 6121 Santa Monica Boulevard, Hollywood, for a Conditional Use Pernit for a game arcade in an existing ice rink, located at 2701 Harbor Boulevard in a Cl -S zone. Environmental Determination: Negative Declaration adopted previously. A communication has been received fram James E. Henwood, South Coast Plaza, 3333 Bristol Street, Costa Mesa, General Manager of the Mesa Verde Center where the Ice Box Arcade is located, opposing renewal of the Condi- tional Use Pernit. Also enclosed with the cammunica- tion were 14 incident reports for 1983, 1984, and 1985, supplied by the center's security personnel, which Mr. Henwood alleges occurred within the arcade or are directly related to the arcade. No further reports were submitted by the Planning staff since the meeting of January 7, 1985; however, the Costa Masa Police Department provided an incident survey for the center which covers a period frau May 15, 1981, to January 11, 1985. The Development Services Director pointed out that of the reports submitted by the Police Department, staff has determined that only four incidents can definitely be traced to the arcade. The Director addressed the condition imposed by the Planning Commission requiring restroams at the arcade. He referred to Municipal Code Section 13-348 which states that reasonable conditions may be imposed to assure canpatibility of the requested permit with surrounding properties and uses, and to protect the public health, safety, and general welfare. The Director reported that since the last meting, he has found that sections in the Uniform Building Code and the Uniform Plumbing Code require the installation of restrocros for both employees and patrons. The Director concluded his presentation by informing the Council that modifications were made to the building without permits. The arcade is located on a mezzanine which once was a part of the ice rink. The mezzanine has been enclosed and an additional door installed which leads out to a patio area. The Director indicated that if permits had been taken out, restroans would have been required at that time. Patrick Carroll, 1900 Bank of America 'lower, 1 City Boulevard Wbst, Orange, attorney for the appellant, explained that if the Conditional Use Permit is not renewed, the appellant would suffer substantial finan- cial losses in that he.probably will be responsible for payment on the remainder of the leases for the site and for the arcade machines. Mr. Carroll dismissed the incidents reported by the Police Department and security personnel as inconclu- sive in that it is not possible to determine whether or not the disturbances were caused by arcade patrons or patrons from the other businesses at the center. He mentioned that he has not seen copies of the reports. Mr. Carroll also advised that Michael Booker, Vice President of the Ice Capades, has given permission for the arcade employees to use the rink's restroans; how- ever, the arcade patrons cannot use those facilities. Mr. Carroll directed attention to the fact that the appellant cannot install restroems in the arcade because the area is too small and no plumbing is available on the second floor. In view of this, the cost of provid- ing restrooms would be prohibitive. Mr. Carroll expressed his opinion that since there is no food ser- vice provided at the arcade, restroans should not be required. In response to Council Member Wheeler's question, Mr. Carroll reported that neither his client, nor Mr. Booker of the Ice Capades, knew when the illegal modifications had been made. Both indicated that the enclosure and additional door have been there for at least the past eight years. Vice Mayor Hornbuckle questioned Mr. Carroll concerning the appellant's apparent agreement with the condition requiring restroans. Mr. Carroll responded that his client evidently did not understand the condition even though he attempted to conply with it. Council Member Hall offered his opinion that the issue is not the canplaints frau other businesses because that problem should be settled among those people. He stated that the basic issue is the requirement for restroan facilities. Council -Member Hall pointed out that the Planning Commission modified Condition No. 2 specifi- cally requiring restrooms, and in view of this, he could not understand how the appellant could have misinter- preted the wording of that condition. Mr. Carroll responded to Council Member Hall's state- ment, explaining that the arcade patrons do not stay at the establishment long enough to necessitate the rest- roan estroom requirement. The Development Services Director clarified the fact that there are food and beverage vending machines at the arcade. Dale Menke, the appellant, reported that there are two vending machines, one food and one beverage. He also advised that there is one full-time employee at the arcade. James Henwood, General Manager of the Mesa Verde Center, explained that the security incident reports which he forwarded to the Planning Commission and the Council indicate that patrons of the arcade have caused problems for other tenants and their customers. He commented that the arcade should meet the requirements of the City just as other businesses must. Council Member Wheeler asked Mr. Henwood if he was aware of the fact that the appellant had renewed his lease in 1981 for a period of five years. Mr. Henwood replied that he has no record of that lease. Barbara Larson, representing Kona Lanes, asserted that since the restrooms at her establishment were the only ones available to the public, the customers of the arcade were constantly utilizing these facilities, and that they have vandalized the property. She stated that her employees have monitored the restroom area, and it appears that the arcade patrons are responsible for the damage. Council Member Wheeler disagreed with Ms. Larson's report, stating that he had been at the center for approximately two hours on a Friday evening and found no evidence of problems. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, infonued the Council that he and his wife have been patrons of Kona Lanes for many years, and will not park in the vicinity of the arcade because he fears for his and his wife's safety, as well as damage to his vehicle. Sid Soffer, 900 Arbor Street, testa Mesa, questioned the City's right to require the arcade to obtain a Condi- tional Use Permit. He also referred to the security incidents, and commented that the tenants of the center should resolve those problems among themselves. At the request of Vice Mayor Hornbuckle, the Development Services Director read a portion of Uniform Building Code Section 705: "Every building or portion thereof, where persons are employed, shall be provided with at least one water closet . . . ". There beim no other speakers, the Mayor closed the public hearing. MOTION Council Member Hall moved to approve Zone Exception ZE-84-79 ZE-84-79, based on the analysis and findings contained Approved in the Staff lbport, subject to all conditions, with Condition No. 2 amended as recam-nended by the Planning Ccamission at their meeting of May 14, 1984, and adding Condition No. 5: "Building permits shall be obtained within 30 days of City Council action for any illegal building modifications that may have been made." Council Member Vieeler, for the purpose of clarifica- tion, asked Council Member Hall if it was his intention to require the arcade to guarantee that the patrons will be able to use the restroams provided by the ice rink? Council Member Hall responded in the negative, pointing out that Condition No. 2 requires that evidence of an agreement between the arcade and the ice rink for joint use of the ice rink restroons must be submitted, and if such an agreement is not reached, then the appellant must provide restroom facilities inside the arcade itself. He stated that the Uniform Building Code also provides that restroons may be located at a convenient location nearby. Mayor Hertzog seconded the motion and further discussion ensued. Vice Mayor Hornbuckle expressed opposition to the first sentence of Condition No. 2, "Arcade patrons shall have access to and free use of ice rink restroons at all hours the arcade is open". In response to a question from Council Member Hall, the Development Services Director referred to Uniform Plumb- ing Code Section 117(k) which indicates that restroon facilities must be available to the public in ccanmercial establishments. Mayor Hertzog called for a vote, and the motion carried 4-0. RECESS The Mayor declared a recess at 8:20 p.m., and the meet- ing eeting reconvened at 8:30 p.m. PUBLIC HEARING The Clerk announced that this was the time and place R-84-19/Alonar set for the public hearing for Bezone Petition R-84-19, Antonia Alonar, 302 Cabrillo Street, Costa Mesa, for permission to rezone property at the above address from AP to R2. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. 12- The Development Services Director reported on both Rezone Petitions R-84-19 and the next public hearing for R-85-03 since the properties are located adjacent to each other and the requests are similar. These properties were rezoned in 1964 to AP (Administrative and Professional District) because the property owners had plans to canbine the two lots in order to construct a medical building; however, the project was never developed. The proposed rezone to R2 would bring the zoning back into conformance with the General Plan as well as with the neighborhood. The rezone would also remove the nonconforming status of the existing resi- dential use. The R2 designation would allow a total of two units on each property which is an appropriate density for the size of the lots. Arthur Alanar, 2656 Newport Boulevard, Costa Mesa, representing the applicant, was present to answer questions frau the Council; however, there were no inquiries. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council Ordinance 85-2 Member Wheeler, the Negative Declaration of Environ - Given First mental Impact was adopted; and Ordinance 85-2, being AN Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOT 1 OF TRACT 1193 FROM AP TO R2, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer PUBLIC HEARING The Clerk announced that this was the time and place R-85-03/Riviera set for the public hearing for Rezone Petition R-85-03, Eddie E. and Helen Riviera, 306 Cabrillo Street, Costa Mesa, for permission to rezone property at the above address frau AP to R2. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. 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 Ordinance 85-3 Member Wheeler, the Negative Declaration of Environ - Given First mental Impact was adopted; and Ordinance 85-3, being AN Reading- ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOT 2 OF TRACT 1193 FROM AP TO R2, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer NEW BUSINESS The Clerk presented Zone Exception ZE-84-96A, Royale Associates, authorized agent for Sakioka Farms, Incor- ZE-84-96A porated, 14850 Sunflower Avenue, Santa Ana, for an Royale/Sakioka amendment to the Final Development Plan for the commercial -retail center on the northeast corner of Anton Boulevard and Avenue of the Arts, to reduce the square footage from 35,500 to 20,800; and Conditional Use Permits for overlapping and/or off-site parking, and for pay and/or controlled parking for retail and hotel elements of The Lakes Development, in a PDR -UC 122; zone. Environmental Determination: Ilagative Declara- tion adopted for Zone Exception ZE-84-96. The Development Services Director reviewed staff's memorandum dated January 16, 1985, and explained that the current application deals only with those elements that had changed since the previous approval: revised site plan, reduced building area, increased number of off-site parking spaces provided south of Anton Boule- vard, and addition of pay/controlled parking. The original 30 percent reduction was based on recognition of a substantial amount of walk-in traffic to retail and restaurant uses due to the intensity of surrounding office, hotel, and residential development. As this characteristic has not changed, it was not necessary to re-evaluate it, and the original authorization was considered still applicable. The Director reported that the Planning Gcomission had requested revised elevations because those proposed by the applicant lacked the urban feeling that would be appropriate for the area. The revised elevations were approved by the Planning Commission on January 14, 1985, and a description is contained in staff's memorandum of January 11, 1985. The Director commented on the applicant's objection to the last portion of Condition No. 3 which states that the 32 spaces located off-site at the Metro Center must be "in a specifically designated area". The purpose of the condition is to provide the most convenient parking for the employees of The Lakes retail center. The northwest corner of the Metro Center site is most appro- priate because it is closest to The Lakes, yet it is furthest from the office towers and is, therefore, the least desirable parking area for visitors to that site. Staff has pointed out that patrons of the restaurants to the west may also find the northwest corner -a desirable parking area. In view of this, special striping or small signs would be the best way of reserving the 32 spaces for The Lakes employees. Vice Mayor Hornbuckle expressed concern that the lake may not be appropriate if there is a water shortage in the future. The Development Services Director explained that the same amount of water would be used if turf were planted. Michael Oberst, Royale Associates, 21515 Hawthorne Boulevard, Suite 500, Torrance, stated that he had brought along some colored rendering sketches of the retail area for the Council to review later. Mr. Oberst referred to Condition No. 3 which requires that the 32 spaces located off-site at the the Metro Center must be in a specifically designated area. Mr. Oberst preferred not to reserve those spaces because if an employee did not drive to work, the space would remain unused. He asked Council to consider eliminating that requirement. Council Member Hall felt that the restriction is more of a protection for the applicant and recommended that the 32 off-site spaces be reserved for the entire project, rather than for employees only. Council Member Wheeler preferred that the spaces be designated for employees only. Vice Mayor Hornbuckle agreed with the suggestion made by Council Member Hall, although she emphasized that the employees should be encouraged to park at that site. I�� 123 Council Member Wheeler asked Mr. Oberst why he was down -scaling the project so much. Mr. Oberst responded that the cost of the original plan was not feasible. Mr. Oberst then presented colored sketches of the retail area and described the project. MOTION Vice Mayor Hornbuckle made a motion to approve Zone ZE-84-96A Exception ZE-84-96A subject to all conditions as amended Approved by the Planning Commission, with an addition to Condi- tion No. 15: "Drought -resistant landscaping and recycled water shall be used wherever possible". Mr. Oberst agreed to that amendment. Motion Amended Council Member Hall requested that the Vice Mayor amend the motion by using the word "reclaimed" instead of "recycled". Vice Mayor Hornbuckle agreed to that change and made a further amendment to her motion by approving the Conditional Use Permits for overlapping and off-site parking and for pay or controlled parking. The amended motion was seconded by Council Member Wheeler. - Council Member Wheeler stated that he is a bit disturbed that some developers in this particular area of town tend to be coning before the Council and down -scaling their projects. He commented that if there is any area of town that can absorb high density and high rise development, it is in the area of this project. He expressed the hope that developers would do their best to build up this area and leave residential areas alone. The amended motion to approve ZE-84-96A carried 4-0. PA -85-08 The Clerk presented Planning Action PA -85-08, Gin Wang Gin Wang/Beverly Associates or Beverly Heritage Hotels, authorized agents Heritage/Sakioka for Sakioka Farms, Incorporated, 14850 East Sunflower Avenue, Santa Ana, for a Final Development Plan for a six -story, 237 -room hotel, with a two-story restaurant and a three-story parking structure, located on Lot 13, Tract 10950, Avenue of the Arts, in a PDR -UC zone. Environmental Determination: Environmental Impact l?aport accepted for General Plan Amendment GP -83-1A. The Development Services Director summarized staff's memorandum of January 15, 1985, and the Staff Report. The project substantially complies with all development standards of the PDR -UC zone. Total parking provided exceeds that which is required by four spaces. The Code permits a maximum of 30 percent building coverage, and 26.6 percent is proposed. The exterior consists of white stucco on masonry walls, solar bronze vision glass in aluminum frames, and metal railings for each guest- roan uestroom porch. A 25 -foot landscaped perimeter setback is provided as required. The reduced height of the six - story hotel, previously 13 stories, and its orientation will reduce the possible negative impacts on the pro- posed residences. Gin Wong, authorized agent, was present and gave a slide presentation of the project. Mr. Wong, in responding to questions fron the Council, showed where the second phase will be located, and reported that there will be no tennis courts. Council Member Wheeler asked why the project is being down -scaled. Mr. Wong replied that the Beverly Heritage Hotels management ' has reassessed the project and prefer to start with the smaller version and increase the density in phases. MOTION A motion was made by Vice Mayor.Hornbuckle_,.seconded by PA -85-08 Council Member Wheeler, to approve Planning Action Approved PA -85-08, subject to all conditions'recomnended by the _. 21 Planning Camission, and with an addition to Condition No. 6: "Drought -resistant landscaping and reclaimed water shall be used wherever possible". Council Member Wheeler again mentioned that this is the area of the City where high rise and high density makes sense, and that he was sorry to see that this project has been scaled back. The motion to approve PA -85-08 carried 4-0. COUNCILMANIC COMMENTS Council Member Wheeler mentioned that he hoped that.the City will take the appropriate steps to solicit applica- Planning tions for the Planning Commission seats which will be Commission open in February, 1985. Amphitheatre Council Member Wheeler referred to a newspaper article which alleged that this City Council is trying to close down the Pacific Amphitheatre because it does not agree with the content of the perfonners. He catmnented that this was a ludicrous statement and that he resented those allegations. Employee Recognition Council Member Wheeler announced his intention to move Program ahead with the Employee Recognition Program. Hazardous Waste Vice Mayor Hornbuckle reported that at the Orange County League of Cities meeting, everyone was given a copy of a resolution frau the City of Fountain Valley concerning hazardous waste in Orange County. She asked that this item be discussed at the February Study Session. HCDA Ad Hoc Mayor Hertzog read a press release,fran the City's Committee Housing and Cc mnunity Development Division: "The City Council of Costa Mesa is now accepting applications to serve on its 1984-85 ad hoc Cammunity Development Cmmittee. Costa Mesa will receive approximately $900,000.00 in Community Development Block Grant (CDBG) funds for fiscal year 1985-86. The purpose of the CDBG programs is the development of communities, decent housing in a suitable living environment, and expanding econanic opportunities, principally for persons of low and moderate income. The purpose of the Ca mittee will be to represent the needs of the community as they relate to the above items. The appointed Committee will partici- pate in public hearings to receive public input and will make recommendations to the City Council regard- ing the proposed allocation of these funds. If you are interested in submitting an application, please contact Patricia David, 754-6167, for details. The deadline for submission is February 22, 1985." ADJOURNMENT The Mayor declared the meeting adjourned at 9:20 p.m. Ma r of the City to Mesa ATTEST: `QMy Clerk of the City of Costa sa