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Home My WebLink About03/04/1985 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH,4, 1985 The City Council of the City of Costa Mesa, California, met in regular session March 4, 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 led by six Girl Scout Troops from Costa Mesa, and Invocation by Vice Mayor Mary Hornbuckle. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk Girl Scouts Mayor Hertzog thanked the Girl Scouts for leading the Recognized audience in the Pledge of Allegiance to the Flag. MINUTES On motion by Council Member Wheeler, seconded by Council February 19 and Member Schafer, and carried 5-0, the minutes of the 20, 1985 regular meeting of February 19, 1985, and the adjourned regular meeting of February 20, 1985, were approved as distributed and posted. ORDINANCES A motion was made by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. OATHS OF OFFICE The City Clerk administered the Oaths of office to the New Planning three new Planning Commissioners: Francis L. (Roy) Andreen, Pater F. Buffa, and Joseph A. Erickson. PRESENTATION John sidling presented to each Council Member a record - Fran Mesa Music ing of his canposition "Message from Goat Hill". The Press recording is being distributed across the nation. PROCLAMATION Mayor Hertzog read a proclamation declaring the week of Girl Scout Week March 10 through 16,. 1985,, as "Girl Scout Week" in the City. The Mayor presented the document to the Girl Scouts who were present for the Pledge of Allegiance to the Flag ORAL COMMUNICATIONS Wilma Feeney, 1154 Dorset Lane, Costa Mesa, reported that she had attended a meeting of the Fair Board last EIR for Hotel at Thursday and she learned that a public hearing has been the Fairgrounds set for March 12, 1985,, to consider the Environmental Impact Report (EIR) for the proposed hotel to be con- structed at the Fairgrounds. The Board also announced that homeowners will be notified of that public hearing. Mrs. Feeney asked if the City has received a report frau the Fairgrounds showing the economic benefits the hotel would .produce for the City. The City Manager responded that a one-page fact sheet had been received and he would make it available to the homeowners. Fund for Fleming John McGinnis, Librarian for Newport Harbor High School, Art Collection presented a proposal for funding of The Ruth Stoever Fleming Art Collection catalog and art show. The art collection is owned by the Newport -Mesa Unified School District and the paintings are by many of the foremost California artists of the 20th Century. Ms. Fleming, 1 5,2 forner librarian at Newport Harbor High School, col- lected these art works frau 1946 to 1966 and she estab- lished the Newport Harbor Art Exhibit which ran annually during those 20 years. For the first time in 20 years, the School District will bring the paintings together in one location for a public showing which will take place during the week of April 22, 1985. To camnemorate the show and the collec- tion, a professionally designed full-color catalog will be produced. A group of camnunity members, including residents of the cities of Costa Mesa and Newport Beach, formed a camnit tee to organize the showing and to publish a full color catalog. Benefits of the catalog are that it will be used as a teaching tool at Newport -Mesa schools. Also, the catalog will pranote the image of Costa Mesa, New- port Beach, and Orange County as camnunities long involved in the arts. Mr. McGinnis requested a donation of $1,000.00 frau the City of Costa Mesa for this project. He reported a donation of $1,000.00 has been received frau the City of Newport Beach, and contributions have been received from individuals, the Newport Harbor Chamber of Can- merce, the Ebell Club, the Parent -teachers Association, and others. MOTION A motion.was made by Council Member Hall, seconded by Funds Authorized Vice Mayor Hornbuckle, to allocate $1,000.00 to the for Art Collection art collection. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Schafer, Hall, Wheeler None None City Appeal of Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the Court Decisions City Attorney could appeal a court decision without authorization frau the City Council, and specifically referred to the Gary Moore vs. the City of Costa Mesa lawsuit. The Mayor responded that the -City Attorney has been reporting to the Council on the progress of this case, and since no Council Member opposed the appeal, it was an indication to the City Attorney to proceed with that appeal. 1 CONSENT CALENDAR The following item was removed frcm the Consent Calen- dar: Item 10, Appointment of 1985-86 Housing and Camnunity Development Block Grant Ad Hoc Cotmnittee. On motion by Council Member Schafer, seconded by Council Member Wheeler, the remaining Consent Calendar items were approved in one motion 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 85-15, being A RESOLUTION OF Records Destruction THE CITY COUNCIL'OF'THE CITY OF COSTA MESA, CALIFORNIA, for Planning AUTHORIZING RECORDS DESTRUCTION FOR THE PLANNING DIVI- SION OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Resolution 85-15Schafer, Hall, Wheeler Adopted NOES: 'COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Records Destruction On motion by Council Member Schafer, seconded by Council for Building/Safety Member Wheeler, Resolution 85-16, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AUTHORIZING RECORDS DESTRUCTION FOR THE BUILDING/SAFETY R✓solution 85-16 DIVISION OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- Adopted NANCE NO. 75-60, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Records Destruction On motion by Council Member Schafer, seconded by Council for Finance Member Wheeler, Resolution 85-17, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPART - Resolution 85-17 MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE Adopted NO. 75-60, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL ME24BERS: 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 by the City Clerk: Attorney Nick O'Malley on behalf 'of Elias Aoun; Attorney Gerald Sufleta on behalf of Anna Den Boer; Pacific National Insurance Company on behalf of Care Free Conditioner; Attorney Byron'J. Beam on behalf of Ronald Colleton; Automobile Club of Southern California on behalf of Sean Ewing; David and Lonnie Frock; Attorney John Guerin on behalf of'David Melanson; Steven M. Rubin; and Attorney Bruce.Lae Schechter on behalf of Merritt J. Anthony, Sharon Williamson, Keith Williamson, and Daidre Williamson. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purple Heart Purpose has been received from Purple Heart Veterans Veterans Rehabilitation Services, Incorporated, doing business as Purple Heart Veterans Thrift Stores, 555 East Ocean Boulevard, Suite 225, Long Beach, by collection of personal and reuseable household items for sale in the MOTION thrift store. On motion by Council Member Schafer, Pan -nit Approved seconded by Council Member Wheeler, and carried 5-0, the pen -nit was approved with application of Section 9-234J of the Municipal Code. SET FOR PUBLIC On motion by Council Member Schafer, seconded by Council HEARING Member Wheeler, and carried 5-0, the following items were set for public hearing on March 18, 1985, at 6:30 p.m., in the Council Chambers of City Hall: Satellite` An ordinance concerning the location and treatment of Antennas satellite earth station antennas. Environmental Determination: Exempt. Building Height An ordinance modifying building height limits in the Limits Rl (Single-family Residential) and CL (Commercial Limited) zones, and an exception fram building height limits for certain antennas. Environmental Datermina- tion: Exempt. I_. REJECTED CLAIM On motion by Council Member Schafer, seconded by Council Cohen Member Wheeler, and carried 5-0, the claim from Beatrice Maintenance Cohen was rejected. ADMINISTRATIVE Member Wheeler,'the contract was awarded to Richard Parr ACTIONS The Director of Public Services has requested approval Awarded to Parr of Change Order "A" for $16,854.89, to the contract with Change Order "A" CH2M Hill, 1301 Dove Street, Suite 800, Newport Beach, and Budget in connection with design of the Bristol Street crossing Adjustment 85-53 at the Santa Ana -Delhi Channel. The Director has also requested approval of Budget Adjustment No. 85-53, in Bristol Street the amount of $6,500.00. Additional design work is Crossing at the needed because phased construction is necessary in order Channel to maintain traffic on Bristol Street during the con- and T1arminals struction period. On motion by Council Member Schafer, MOTION seconded by Council Member Wheeler, the change order and Change Order budget adjustment were approved by the following roll and Adjustment call vote: Approved AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements Improvements have been completed to the satisfaction of for ZE-83-175 the Public Services Director by Carver Development Carver Company, Post Office Box 7070, Newport Beach, in connec- tion with Zone Exception ZE-83-175, for property located MOTION at 3183 Red Hill Avenue. On motion by Council Member Work Accepted Schafer, seconded by Council Member Wheeler, the work was accepted, and the bonds were ordered exonerated. 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 Bid Item 654 One bid received for Bid Item 654, Full Maintenance of Fool Swimming Pool, is on file in the Clerk's office. On Maintenance motion by Council Member Schafer, seconded by Council Member Wheeler,'the contract was awarded to Richard Parr MOTION Pool Service, 2602 Orion Avenue, Suite 2, Santa Ana, in Awarded to Parr the amount of $400.00 per month. The motion carried by Pool Service the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT-.' COUNCIL MEMBERS: None Bike Trail Along The Traffic Ccmission has reccammended that a bike trail Golf Course be constructed along the Costa Mesa Golf Course, north of Joann Street. The Cm mission also rec( mmended that the trail be closed to motor -driven vehicles, and that MOTION staff monitor the need to provide security. On motion Bike Trail by Council Member Schafer, seconded by Council Member Authorized Wheeler, and carried 5 -0, -the recto mendations of the Traffic Cco mission were approved. Contruction of Bids received for Construction of Fairview Bike Trail I Fairview Bike are on file in the Clerk's office. On motion by Council Trail I Member Schafer, seconded by Council Member Wheeler, the contract was awarded to Artistic Landscape Engineering, MOTION Incorporated, 8445 Dearborn Avenue, South Gate, in the Awarded to amount of $180,540.00. The motion carried by the fol - Artistic Landscape lowing roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of The Purchasing Agent has requested authorization to pur- Computer Printers chase various computer printers and terminals from sole and T1arminals source vendor, IBM Corporation, 611 Anton Boulevard, 155 MOTION Costa Mesa, for a total of $33,910.04. On motion by Purchase Council Member Schafer, seconded by Council Member Approved Wheeler, thea -purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement - The Direc tor'of Public Services has requested approval Honeywell of an agreement with sole source vendor, Honeywell, Incorporated, 3176 Pullman Street, Suite S-109, Costa Civic Center Mesa, in the amount of $113,921.00, for improvement of HVAC System the Civic -Center HVAC (heating, ventilation, and air conditioning) system efficiency. on -motion by Council MOTION Member Schafer, seconded by Council Member Wheeler-, Agreement the,agreement was approved, and the Mayor and Clerk Approved were authorized to sign on behalf of the City. 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 Agreement - Boyle The Director of Public Services has requested approval Engineering of an agreement with Boyle Engineering Corporation, 1501 Quail Street, Newport Beach, in the amount of Design of Upper $91,960.00, for design of the Upper F03 Reach 1, 2, 3, F03 Stone Drain 5, 6,'and 7 storm drain. On motion by Council Member Schafer, seconded -by Council Member Wheeler, the MOTION agreement was approved, and the Mayor and Clerk were Agreement authorized to sign on behalf of the City. The motion Approved carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map and The Final Map and -a Subdivision Agreement were presented Agreement for for Tract 12290, Russ Fluter, 510 - 30th Street, Newport Tract 12290 Beach; one lot, 1.36 acres, located at 2191 Canyon Fluter Drive, for condcaninium purposes. On motion by Council Member Schafer, seconded by Council Member Wheeler, the MOTION map and agreement were approved; the Council did accept Map and Agreement on behalf of the City the ingress/egress easement over Approved Lot 1 for emergency and security vehicle purposes 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: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference On motion by Council Member Schafer, seconded by Council Advances Member Wheeler, a Conference Advance for $380.00, for a '.I .-. police off icer to attend the Narcotic Ccomanders Course MOTION. in Sacramento, March 18-22, 1985, was approved by the Advance following roll call vote: Approved 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 Advance Member Wheeler,a Conference Advance for $300.00, for a Approved Council Member -to -attend the Annual National Teague of Cities Congressional City Conference in Washington, D.C., March 22-26, 1985, was approved by the following roll call vote AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None HCDA Ad Hoc Item 10 on the Consent Calendar was presented: Appoint Cammittee ment of 1985-86 Housing and Community Development Act (HCDA) ad hoc committee. The purpose of the cammittee is to represent the cc munity in relation to housing and economic development needs. Sixteen applications were received for the ad hoc cammittee. MOTION After discussion, a motion was made by Council Member Committee Wheeler, seconded.by Council Member Hall, and carried Members 5-0, appointing the following citizens to the HCDA ad Appointed hoc � catmi ttee : Jeffrey A. Carlson, 1317 Stonefield Street; Judy S. Coss, 1083 Mesa Bluffs Drive; Warren R. Hyslop, 3107 Killybrooke Lane; Maureen M. McLain, 3007-A Jeffrey Drive; Janis L. Schonauer, 3080 Tyler Way; John L. Peterka, 325 - 22nd Street; Patricia J. Rynn, 1955 Anaheim Avenue, Apt. B-2; Mayor Noma Hertzog; and Vice Mayor Mary Hornbuckle; The first meeting of the cantnittee will be March 19, 1985. OLD BUSINESS The Clerk presented Ordinance 85-4 which regulates the Regulation of height and design of walls and fences. Walls and _Fences Council Member Wheeler opposed the ordinance because he felt that government should not regulate aesthetics. MOTION. On motion by Council Member Hall, seconded by Council Ordinance 85-4 Member Schafer, Ordinance 85-4, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGULATING THE HEIGHT AND DESIGN OF WALLS AND FENCES, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Reartzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Standards for -The Clerk presented a proposed resolution amending Walls and Fences Resolution 85-14 concerning standards for height and design of walls and fences. The Development Services Director referred to the draft resolution and staff's memorandum of February 27, 1985. Staff has recammended that in Section 2 of the resolu- tion, second sentence, delete the first two words "This exception" and substitute 'The nine -foot limit". In Section 4 of the draft resolution there are three alternatives for Council consideration; and in Section 5, there are two alternatives. The Director cammented that staff has recctmended a change in the first sen- tence of Option a. of Section 5: change "secondary highways" to "primary highways". MOTION On motion by Council Member Hall, seconded by Council Resolution 85-18 Member Schafer, Fe solution 85-18, being A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, AMENDING RESOLUTION 85-14 AND ADOPTING REVISED STANDARDS PERTAINING TO THE HEIGHT AND DESIGN OF WALLS AND FENCES, approving the reconmended word changes in s 7 Section 2, approving alternative b. in Section 4, and approving alternative a. in Section 5. The motion carried by the following roll call vote: AYES: .COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None New. City Banner Council Member Hall reported that he and Vice Mayor for Estancia Band Hornbuckle met with representatives fram Estancia High School to discuss funding for a new City banner for the marching band. The banner.now being used is not repairable and the cost of a new banner is approximately $420.00 -plus tax. .Delivery time is three weeks. Charles Wolf, director of the Estancia marching band, mentioned the numerous parades and fund raisers in which the band participates,,including parades at Disneyland, California Angels stadium, and the State Capitol. Mr. Wulf mentioned that. the auxiliary unit, drill team, and band have won six or seven achievement awards this year. During discussion, Vice Mayor Hornbuckle pointed out that the Estancia band now is the only marching band in Costa Mesa. Council Member'Hall reported that he and the Vice Mayor have also been in contact with the Chamber of Commerce and local businessmen to attempt to raise $30,000.00 for new band uniforms. Mayor Hertzog mentioned,that the Estancia High School Drama Department won the Ahmanson Theatre award. The competition included schools from all over Southern California. MOTION On motion by Vice Mayor.Hornbuckle, seconded by Council Funds Member Hall, authorization.'given to donate an Authorized amount not to exceed $600.00 for a new City banner for the Estancia marching band.- 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 WARRANTS On motion by Council Member Schafer, seconded by Vice MOTION Mayor Hornbuckle, Warrant Resolution 1278, including Warrant 1278 Payroll -8504, was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Wheeler, seconded by Vice Warrant 1279 Mayor Hornbuckle, Warrant'Resolution 1279 was approved Approved by 'the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY REPORTS The City Attorneyreferred to his confidential memoran- dun of February 19, 1985, concerning a settlement of the Settlement of City of Costa Mesa vs. Pe terman case in connection with Peteman Case the 19th, Street widening project. MOTION On motion by Council Member Wheeler, seconded by Council Settlement Member Schafer, authorization was given to settle the Authorized action as outlined in the City Attorney's memorandum. 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 PUBLIC HEARING The Mayor announced the public hearing to consider the Closure of closure of Albatross Drive. The Affidavit of Publica- Albatross Drive tion is on file 'in the Clerk's office. The Mayor also announced,that this public hearing will be continued to April 15, 1985, because the -Council has agreed that more' input should be received from the residents who will be affected by this closure. She also mentioned that staff will°be directed to take a traffic count prior to the April 15 meeting. The Transportation Services Engineer reported that the Traffic Ccnmission made the following recommendations: 1. Ibmporarily close Albatross Drive between Flamingo and Pelican Drives; 2. Pursue additional river crossings at 19th Street and at Gisler Avenue; 3. Request input from emergency response organiza- tions, especially the Fire Departrnent, regarding the closure. Staff has recommended that external closures not be considered, and if internal closure is approved, take traffic counts prior to the closure. Mr. Mouleart, 1950 Flamingo Drive, Costa Mesa, opposed the closure. Robert Schmidt, 1947 Flamingo Drive, commented that the closure of Albatross Drive would cause a major traffic backup on Adams Avenue. Dick Baxter, 2736 Albatross Drive, repeated suggestions which he had submitted in writing: (a) permanent closure of Swan Drive at Placentia Avenue; (b) no right turn at Adams Avenue and no left turn at Placentia Avenue; (c) closure of both Albatross and Gannet Drives at Swan Drive. John Manly, 2040 Swan Drive., suggested that if Albatross and Gannet Drives are closed, Swan Drive will become a "race track". MOTION A motion was made by Council Member Hall, seconded by Held Over Council Member Wheeler, and carried 5-0, to continue the public hearing to April 15, 1985. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Traffic Counts Council Member Hall, and carried 5-0, directing staff Authorized to take traffic counts on internal streets and to obtain input frcm emergency response services. PUBLIC HEARINGS The Clerk announced that this was the time and place set for the public hearings for the following items: GP -85-1B General Plan Amendment GP -85-1B, Aubrey L. Oliger; Oliger/City 2121 Doctors Circle, Costa Mesa, and the Costa Mesa Council City Council, to change the land use designation at 2110 through 2144 Thurin Avenue from Medium Density Residential to High Density Residential. Environ- mental Determination: Negative Declaration. R-85-02 Rezone Petition R-85-02,.Aubrey Oliger, 2121 Doctors Oliger Circle.,.Costa Mesa, for permission to rezone property at 2110,_'2120,, and 2124 Thurin Avenue from R2 to R4. Environmental Determination: Negative Declaration. The Affidavits of Publication are on file in the Clerk's office. A communication has been received from the applicant requesting a continuance of the public hear- ings. MOTION On'motion by Council'Member Wieeler, seconded by Council GP -85-1B and Member Schafer,,,.and carried 5-0, the public hearings for R-85-02 General Plan Amendment GP -85-1B and Rezone Petition Held Over R-85-92 were continued to,April 15, 1985. PUBLIC HEARINGS The Clerk announced that this was the time and place set for the public hearings for the following items: GP -85-1C General Plan knnendment GP -85-1C, Diana Prosser, Prosser/Sampson/ authorized.agent.for.Herbert F. Sampson, 1604 Newport Council Boulevard, Costa Mesa,,,and the Costa Mesa City Coun- Coun- cil,City cil, to consider alterative land use designations ( Commercial Center, Medium. or High Density Residen- tial) for properties located at 1604-1640 Newport Boulevard, and at 1607.and 1609 Orange Avenue. Environmental' Determination: Negative Declaration. R-85-04 Razone'Petition R-85-04, Diana Prosser, authorized Prosser/Sampson agent, for_ Harbert -F. Sampson,_1604 Newport Boulevard, costa Mesa,'for-permission to rezone property at 1604 Newport Boulevard ' from. R2 to C2. Envirormental Deter- mination: Negative'Declaration. The Affidavits of Publication are on file in the Clerk's office. No CULULunications'have been received. The Development Services Director reported that the Planning Commission and' Planning staff have recommended adoption.of the Negative Declaration of Environmental Impact, and adoption of,a_resolution approving General Plan Amendment GP -85-1C; deny Rezone Petition R-85-04; direct staff to prepare a Specific Plan for the Study Area. Four land use options have been identified for the Study' Area: Option 1 - Retain the existing Commercial Center and Medium _Density residential General Plan destinations (no change). Option.2 -`,Retain the existing Commercial Center designation, but amend the existing Medium Density.Rssidential designation to High Density Residential. Option 3 -,Amend the Medium Density Residential desig- nation in the , Study Area to Commercial Center (as requested by the applicant) . Option 4 - Amend both the Ccomercial Center and Medium Density residential designations to High Density Residential. Staff recommended approval of Option 3. During discussion, the Development Services Director commented that to his knowledge the applicant has no plans at.present for development of his properties. Mayor Hertzog expressed.concerried over the possibility that a change in the land use designation may displace elderly residents ;of the mobile home park in the area. The Director responded that the mobile home property is already a problem since two-thirds is conmercial and one-third residential. He pointed out that a Conditional Use'Peimit is'required by State law before a trailer park can be changed to another use. Diana Prosser, 330,Cameo Shores Road, Corona del Mar, explained 'that -the applicant, Mr. Sampson, would like to sell his property and itis difficult to sell with a mixture of C2 and R2 zoning. Council Member Wheeler stated that he would prefer that a Specific'Plan be prepared before General Plan Amendment GP-85-11C'is approved. PUBLIC HEARING The Clerk announced that this was the time and place set Appeal of PA -85-13 for'the public hearing for an appeal of the Planning Pang Canmission's denial of Planning Action PA -85-13, frau Russell and Ann Pang, 1831 Orange Avenue, for a variance frau Parking or a Conditional Use Pemit for overlapping parking"in conjunction with construction of a carnnercial building containing 2,930 square feet on a site with an Paul -Schwartz, owner of property at 1607 Orange Avenue, and also'spoke-in support of the Canmercial Center designation and C2, zoning. There being no other speakers, the Mayor closed the' public hearing. MOTION Council Member -Hall -made the -following motion: adopt Adopt Resolution the -Negative Declaration of Environmental Impact; adopt 85-19 Approving resolution 85-19', being A RESOLUTION OF THE CITY COUNCIL Option 3; Direct OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL Staff to Prepare PLAN AMENDMENT GP -85-1C, AMENDING THE GENERAL PLAN OF Specific Plan THE -CITY OF COSTA MESA, approving Option 3; direct staff to prepare a Specific Plan.for the Study Area (bordered by Ogle Street, Orange Avenue, 16th Street, and Newport Boulevard).' The motion -was seconded by Mayor Hertzog. Council Member Hall explained that he felt that canmer- cial is the best use for the area, and that residential is not a'desirable use. Council Member Wheeier opposed the mobile home property being changed to commercial; however, he did support the change to camnercial for the applicant's properties. He stated that he -would support the motion if the mobile have park property'is eliminated. Vice'Mayor Hornbuckle supported the motion because she believed that the`Specific Plan would protect the trailer park site., AMENDED MOTION Discussion ensued -concerning expansion of the Study Expand Study Area Area, and thereafter Council Member Hall amended his motion to expand the Study Area along Newport Boulevard to 17th Street, -,excluding the Von's shopping center. The amended -motion was seconded by Mayor Hertzog, and carried -by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, NOES:- COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Hall, seconded by Vice Mayor R-85-04 Denied Hornbuckle, and carried 5-0, Rezone Petition R-85-04 was denied. RECESS The Mayor declared'a recess at 8:20 p.m., and the meeting reconvened at 8:30 p.m. PUBLIC HEARING The Clerk announced that this was the time and place set Appeal of PA -85-13 for'the public hearing for an appeal of the Planning Pang Canmission's denial of Planning Action PA -85-13, frau Russell and Ann Pang, 1831 Orange Avenue, for a variance frau Parking or a Conditional Use Pemit for overlapping parking"in conjunction with construction of a carnnercial building containing 2,930 square feet on a site with an .6" existing camnercial building containing 11,000 square Council Member Schafer referred to information contained in the Staff import indicating that illegal additions had -been made to the -retail building. Mr. Pang stated that.the additions were made -prior to his ownership. During discussion, Mr., Pang, reported that one of the bars has four game machines and that he advised the owner that -only three are permitted. Sid Soffer; 900 Arbor -Street, Costa Mesa, expressed his disagreement with the City's ordinance regulating elec- tronic game machines. :Mr.. Soffer cam -tented that the Council is -not consistent in what it deems a hardship. Carl Patton, 724 Center Street, Costa Mesa, reported that he lives behind thetwo bars and the noise frau those establishments is a problem now. He expressed concern that if the.variance.is approved, more cars will be parking in the rear lot thereby causing additional disturbances. Mr. Patton urged the Council to deny the request. Joe Erickson,_728 Center Street, Costa Mesa, supported the statements.made by Mr. Patton and also asked that the _variance be .denied. There being no other speakers, the Mayor closed the public hearing. feet, located at 719 Wbst, 19th Street, in- a Cl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No camnunications have been received. The Development Services. Director reviewed staff's memorandum of February 26,.1985, stating that the appel- lant has appealed the denial because he feels parking is _ adequate; however,,, two. bars exist on the property which generate.a-higher parking requirement. Also, 10 spaces will be lost when 19th Street is widened. He ccmmnted that no site hardship or extraordinary circumstances exist to justify approval of a 39 -space variance. The appellant, Russell Pang,. 1831 Orange Avenue, Costa Mesa, stated his opinion that the parking was adequate because the interior of the building has three storage roans and a private office. He reported that he has visited the area many times at various hours of the day and night and that there was always sufficient parking available. He commented. that because of the uses for the building, the City's parking requirements are excessive. Mr. Pang also mentioned that all businesses on the property are closed at night except for the two bars; therefore, overlapping parking is adequate. Vice Mayor Hornbuckle stated that she had visited the site at.1:00.p.m..and the front parking lot was almost canpletely ful1;.however,,the rear lot was empty. The. Vice Mayor also.commented...that she would not use the back parking lot at any time; day or night, because of loitering and the unsightly condition of that area. In response to the Vice Mayor's inquiry, Mr. Pang stated there. was.no lighting for. the back lot. Council Member Wheeler, asked.. the appellant if there were any hardship or exceptional circumstances to justify approval of the variance. Mr. Pang responded that there were none and,that his..only intention was to upgrade and beautify the site. He then proceeded to describe the improvements he intended to make. Council Member Schafer referred to information contained in the Staff import indicating that illegal additions had -been made to the -retail building. Mr. Pang stated that.the additions were made -prior to his ownership. During discussion, Mr., Pang, reported that one of the bars has four game machines and that he advised the owner that -only three are permitted. Sid Soffer; 900 Arbor -Street, Costa Mesa, expressed his disagreement with the City's ordinance regulating elec- tronic game machines. :Mr.. Soffer cam -tented that the Council is -not consistent in what it deems a hardship. Carl Patton, 724 Center Street, Costa Mesa, reported that he lives behind thetwo bars and the noise frau those establishments is a problem now. He expressed concern that if the.variance.is approved, more cars will be parking in the rear lot thereby causing additional disturbances. Mr. Patton urged the Council to deny the request. Joe Erickson,_728 Center Street, Costa Mesa, supported the statements.made by Mr. Patton and also asked that the _variance be .denied. There being no other speakers, the Mayor closed the public hearing. MOTION Based on the analysis and findings of staff and the PA -85-13 Denied admission of .the_ appellant that there is no site hard- ship nor extraordinary circumstances, Council Member Wheeler moved to deny Planning -Action PA -85-13. Council Member Hall seconded the motion and it carried 5-0. MOTION On motion by Vice -Mayor Hornbuckle, seconded by Council Appellant Directed Member Hall, the appellant was directed to obtain to Mee t Code permits for any illegal additions made to the existing Requirements retail building, replace doors for the existing trash — enclosure_, and provide address numerals per Fire Code requirements. The motion carried 5-0. NEW BUSINESS The Clerk presented Zone Exception ZE-83-172, Hunsaker ZE-83-172 and Associates, Incorporated, authorized -agent for Rollo Hunsaker/McClellan W. McClellan, Jr.,,2424 Windward Lane, Newport Beach, for an extension of time to February 21, 1986, for a Planned. Development, for a 19=unit condominium project located -northwest of the Arbor Street,/Whittier Avenue intersection, in a;PDR--LD zone.. Environmental Deter- mination::Regative Declaration adopted for General Plan AmendmentGP-83-3A. , A communication has been received from Mary Lagerquist, 1933 Whittier Avenue, Costa Mesa, opposing the proposed project. The Development Services Director summarized staff's memorandum of -February .27, 1985, emphasizing that the extension only applies to. the Planned Development review. The,rezone.and tract map are not affected since..rezones do:not have expiration dates and tract maps are valid for a two-year period. Based in their original recommendation to deny the project, and con- cerns expressed -by -surrounding homeowners, the Planning Commission recommended denial of the extension for ZE-83-172. Mayor Hertzog asked staff what will result if Council denies the extension. The City Attorney responded that the applicant can submit a new project. Kris Weber, Hunsaker and Associates, explained that the extension is needed becausethere was a dispute between the City of Newport Beach and the Costa Mesa Sanitary District concerning the appropriate sewage agency. Mr. Weber reported-that,at the end of February, an agreement was reached between the two agencies and now he can go forward with the project. Council Member Schafer asked Mr. Weber if the applicant intended to develop the property or sell it. Mr. Weber responded that it is in escrow now. Rollo McClellan, Jr., 2424 Windward Lane, Newport Beach, confirmed that the 1property.is in escrow pending the outcome of this hearing. Denise Curry, 963 Arbor Street, Costa Mesa, President of the Mesa West Homeowners Association, submitted a letter from the Association opposing a -time extension for the project. Paul Hacker 1943 Whittier Avenue, presented a petition containing 51 signatures of homeowners who live rear or adjacent -to the site, opposing the project because of increased traffic,'too high'a density for the area, and soil erosion. The petition also states that both the Mesa Wast and Newport Terrace homeowner associations have gone on record in opposition to the development. MOTION Extension' of Time Denied The following homeowners also opposed the project and the extension of time: ley Pizarek, 1923 Whittier Avenue';' Mr. Pat Dolan, 923 West 20th Street; Debbie Floyd, 1939 Whittier Avenue, and John Sturges, Newport .Terrace Condominiums. Mike McClellan, representing the applicant, spoke in support of,the extension request and explained the many ways he has attempted to make the project more compati- ble with the surrounding ccamunity. Sid Soffer, 900 Arbor Street, commented on present land and market values`; however, he stated he was neither for nor against the development. On motion.by Council Member Wheeler, seconded by Council Member Schafer ;'arid carried 5-0, the extension of time for ZE-83-172 was denied. PA -85-08A The Clerk presented Planning Action PA -85-08A, Gin Wong wbi-g/Beverly Associates or Beverly Heritage Hotels, in care of Gin Heritage Hotels/ Wong Associates, authorized agent for Sakioka Farms, Sakioka Incorporated, 14850 East Sunflower Avenue, Santa Ana, for an amendment to the Final,Development Plan for a six -story hotel.to reduce the parking structure from four to three levels, and a Conditional Use Permit for overlapping parking, located at 3350 Avenue of the Arts in a PDR -UC zone. Environmental Determination: Environmental Impact report accepted for General Plan Amendment GP -83-1-A. The Development.Sery ices Director reviewed the Staff report and a memorandum dated February 27, 1985. The amended Final Development.Plan is to reduce the height of the parking structure from four to three levels. The amount of area for the restaurant, kitchen, lounge, and meeting roams has also been reduced by 1,544 square feet which decreases the amount of required parking. Since the total -number of spaces required still exceeds the number provided, the applicant is requesting a Conditional Use Permit for 15 percent overlapping park- ing. The Planning Commission and Planning staff agree that this is appropriate for the development. The Development Services Director addressed the Condi- tions of Approval and suggested changes to Conditions 1 and 3: No. 1 - The wall surrounding the top level of the parking structure adjacent to the residential area shall be a minimum of six feet high. (This amendment adds the words "adjacent to the residential area".) No. 3 - A program (instead of landscaping program) shall be worked out with the Planning staff to help break the visual impact of the upper level of the parking structure. Council Member Hall asked if the walls for the other levels would be,solid or open. The Director responded that those walls would be open and commented that this would present a problem for adjacent residents. He suggested that Condition No. 3 be amended by deleting the words "upper level" . Council Member'Hall'indicated that possibly another modification to Condition No. 1 would be necessary in order to preserve the privacy of adjacent residences. The Development Services Director recommended that Condition No. 1 be changed to read: "The parking structure shall be designed to limit visual access to the residential project under the direction of the Development Services Department!. Vice Mayor Hornbuckle stated that she had serious reser- vations about reducing_theparking because when this project was originally approved, reference was made to a second' phase -which involved construction of a tower. She asked how this second phase would affect the parking structure. The Development Services Director responded that the parking structure is being built so that addi- tional levels can be added. Council Member Wheeler asked if the parking proposed originally was in excess of Code requirements. The Development Services Director responded affirmatively. Edoardo'Leoncavallo, Gin Wong Associates, 4051 Wilshire Boulevard, Los Angeles, displayed a model of the struc- ture and reported'that it is 2-1/2 stories high. Mr. Leoncavallo-expressed concern that the conditions being imposed would'prevent him from providing 50 percent natural ventilation. After some discussion regarding this matter, the Development Services Director mentioned that the conditions have been amended so that the intent of protecting the adjacent residences shall be under the direction of'staff; Council Member Schafer asked Mr. Leoncavallo if he agreed to the conditions as amended. The Development Services Director repeated those conditions and Mr. Lsoncavallo indicated agreement. MOTION Council Member Hall made the following motion: Approve PA -85-08A Planning Action `PA -85-08A based on the analysis and Approved findings of staff and the recanmendations of the Plan- ning Ccmission, subject to all conditions with modifi- cations to Conditions No. l and No. 3 for PA -85-08A: No. 1 - The parking structure shall be designed to limit visual access in order to mitigate the impacts of noise and light on the adjacent residential project under the direction of the Development Services Department. No. 3 - A program shall be worked out with the Plan- ning staff to help break the visual impact of the parking structure. Council Member Schafer seconded the motion; however, she requested that the following findings be considered: (1) The hotel, restaurant, and meeting roan uses will overlap. (2) Reduction of the parking structure by one level will help'to reduce the impact of the structure on the future legis Home residential project to the north. Council Member Hall'so amended his motion and it was seconded by Council Member Schafer. Council Member Wheeler.disagreed with the second finding because he believed that the residential project would be impacted by insufficient, parking. Council Member Wheeler. reiterated previous statements he has made disapproving of developers constantly asking for amendments to their original projects. Mayor Hertzog called for a vote on the motion, as amended. The motion carried -~4-1, Council Member Wheeler voting no. MOTION Staff Directed to Vice Mayor Hornbuckle made a motion directing staff to Prepare Report on prepare a report on overlapping parking. The motion Overlapping Parking was.seconded by Council Member Hall, and carried 5-0. Restricted Parking The Clerk presented a proposed ordinance prohibiting for Tall Vehicles parking of tall vehicles near street intersections. MOTION A motion was made by Council Member Wheeler, seconded Referred to by Vice Mayor Hornbuckle, and carried -5-0, referring Study Session this item to the Study Session of April 8, 1985. Oversize Truck The Clerk presented a proposed ordinance establishing Access Routes a select system of oversize truck access routes. MOTION On motion by Council Member Hall, seconded by Council Ordinance 85-5 Member Schafer, Ordinance 85-5, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading RELATING TO INTERSTATE TRUCKS, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCIIMANIC COMMENTS Council Member Wheeler stated that he would prefer that developers would give their true plans at the time they Project Changes submit their projects. Design Contest for Vice Mayor Hornbuckle suggested that the City hold a Transition Zone design contest for the 19th Street Transition Zone similar to that which was conducted by the City of Santa Ana for South Main Street. MOTION A motion was made by Vice Mayor Hornbuckle directing Staff Directed to the Development Services Director to investigate the Report on Design matter of conducting a design congest and to report Contest back to Council in two %eeks. The motion was seconded by Council Member Wheeler, and carried 5-0. Council Cmmittee Mayor Hertzog presented a list of Council Ommittee Assigrurents Assignments and asked for suggestions frau the Council Members. After discussion, the following cardnittee assignments were made: Housing and Community Development Act (HCDA) Mayor Hertzog and Vice Mayor Hornbuckle; City/School Liaison Mayor Hertzog and Vice Mayor Hornbuckle; City/Fair Board Mayor Hertzog and Council Member Hall Intercity Liaison Council Members Wheeler and Schafer Santa Ana River Flood Protection Agency (SARFPA) Council Member Hall Water District Liaison Council Members Hall and Schafer Cultural Arts Cmnittee Council Members Schafer and Wheeler Alternate: Mayor Hertzog 166 Senior Citizens Vice Mayor Hornbuckle ADJOURNMENT The Mayor declared the meeting adjourned at 10:50 p.m. 06 r of the City o Me sa ATTEST: City Clerk of.the City of Costa sa I- I' I-