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HomeMy WebLinkAbout12/16/1985 - City Council455 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 16, 1985 The City Council of the City of Costa Mesa, California, met in regular session December 16, 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 Bill Burnett, Mesa Bible Chapel. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Public Services, City Clerk, Senior Planner MINUTES On motion by Council Member Schafer, seconded by Vice December 2 and 9, Mayor Hornbuckle, and carried 5-0, the minutes of the 1985 regular meeting of December 2, 1985, and the adjourned regular meeting of December 9, 1985, were approved as distributed. ORDINANCES A motion was made by Council Member Wheeler, seconded by Council Member Schafer, and carried 5-0, to read all ordinances by title only. ORAL COMMUNICATIONS Herbert Freedman, 2775 Mesa Verde Drive East, Costa Mesa, spoke concerning the widening of 19th Street, and 19th Street asked why it has taken so many months to complete the Widening project. The Director of Public Services responded that the need for additional public utilities and the rains caused delays in construction. The Director reported that he has advised the contractor to cease work until January, 1986, so that the public will have full access of the street during the holiday season. Lincoln Park Mesa Sid Soffer, 900 Arbor Street, Costa Mesa, commented on Apartment Project the Lincoln Park Mesa 160 -unit apartment project, located between West 19th Street, Park Avenue, Plumer Street, and Anaheim Avenue. This development will be discussed at public hearings scheduled for December 18, 1985, at 2:30 p.m. "The Prcxmise of Chris Clyde, Chairman of the Spiritual Assembly of the World Peace" Bahais of Costa Mesa, presented each Council Member with presented to a copy of the publication, "The Premise of World Peace". Council Members Mr. Clyde also had additional copies available for the public. CONSENT CALENDAR On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, all 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.' READING FOLDER On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following Reading Folder items were received and processed: 45E; Claims Claims received by the City Clerk: Herbert and Jean Klein; William A. Fiebig, Jr.; Karen Menne; Barbara Robbins; Linda Schotz; Attorney Travis R. Jack on behalf of Fireman's Fund Insurance Company; Attorney Nancy J. White on behalf of Bob and Grace Smietan; Attorney Janice K. Catalano on behalf of Dave Cooley, et al; Allstate/Lynwood Chapman; Allstate/Kenneth Domino; Allstate/Richard and Karen Fortelny; Allstate/ Ronald Gelb; Allstate/Miles Graff; Allstate/Betty Kopp; Allstate/William and Christina Lee; and Allstate/Frank Murillo; Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: John Licenses Zubieta, doing business as Zubie's Gilded Cage, 1714 Placentia Avenue; Discoveries, Limited, doing business at 666 Anton Boulevard; Robert Ferris, doing business as Ferris' Taverns, 1880 Monrovia Avenue; and Juan and Liliana Betular and Julio and Ruth Plaque, doing busi- ness as Taco Village, 2300 Harbor Boulevard, Suite 5. Governor's Resolution from the City of Orange opposing Assembly Mansion Concurrent Resolution No. 90 which seeks to create the Legislative Advisory Commission on the Governor's mansion, and to allocate $25,000.00 frau contingent funds of the Assembly and Senate to study and evaluate MOTION possible relocation sites for the Governor's mansion. Public Notice frcm AT&T Communications of California, Incor- Utilities porated, that it has filed Application No. 85-11-029 Ccamission with the Public Utilities Commission requesting a rate SEI' FOR PUBLIC increase. BUSINESS PERMITS On motion by Council Member Schafer, seconded by Vice Notice of Intention to Appeal or Solicit for Charitable Teen Challenge Purpose has been received from Teen Challenge of South- ern California, 5445 Chicago Avenue, Riverside, by Sign Ordinance selling $1.00 tickets from December 17, 1985, through MOTION April 12, 1986, for a pancake breakfast. On motion Permit Approved by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). Camp Fire Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from the Orange County Council of Camp Fire, Incorporated, 513 East First Street, Tustin, by door-to-door solicitation, and by booth sales in shopping districts, January 17 through February 28, MOTION 1986. On motion by Council Member Schafer, seconded by Permit Approved Vice Mayor Hornbuckle, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). SEI' FOR PUBLIC HEARING On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following items were set for public hearing on January 6, 1986, at 6:30 p.m., in the Council Chambers of City Hall: Sign Ordinance Ordinance concerning an amendment to Title 5 of the Clarification Costa Mesa Municipal Code clarifying sections of the Sign Ordinance. Environmental Determination: Exempt. Sale of Alcoholic Ordinance prohibiting the sale of alcoholic beverages Beverages at Gas at gasoline service stations. Environmental Deter - Stations mination: Exempt. R-85-16 Rezone Petition R-85-16, Richard M. Dodd, authorized Dodd/Schwartz agent for Paul Schwartz, for permission to rezone property at 1607 Orange Avenue from R2 (Multiple - family Residential) to Cl (Local Business Commercial). 457 R-85-18 Dodd/Sampson Abandonment at Harbor and Newport MOTION .Resolution 85-106 Adopted/Hearing Set REJECTED CLAIMS Allstate/Lea Environmental Determination: Negative Declaration adopted for General Plan Amendment GP -85-1C. Rezone Petition R-85-18, Richard M. Dodd, authorized agent for Herbert F. Sampson, for permission to rezone property at 1604 Newport Boulevard and 1609 Orange Avenue from C2 (General Ccznumercial) and R2 (Multiple - family Residential) to Cl (Local Business Commercial). Environmental Determination: Exempt. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, Resolution 85-106, being A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACA- TION.OF EXCESS CITY RIGHT--OF-WAY ON HARBOR AND NEWPORT BOULEVARDS AT THE COURTYARDS, setting a public hearing on January 6, 1986, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler None None On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Allstate Insurance Canpany/Raymond Lea was rejected. Pedro On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, an Application for Leave to Present a Late Claim from Samuel Pedro was denied. ADMINISTRATIVE ACTIONS Proposals received for preparation of an in-depth design study of the 19th Street storm drain, Anaheim Avenue to 19th Street Storm the Greenville Banning Channel, are on file in the Drain Study Public Services Department. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, the contract MOTION was awarded to P.R.C. Engineering, 972 Town and Country Awarded to Road, Orange, for $35,700.00. The motion carried by P.R.C. Engineering the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 698 Staff has recommended that Council rescind the award One Towable Air of Bid Item 698, One Towable Air Compressor, made to Compressor . Huntington Valley Tool Rental and Sales, 18931 Magnolia Street,.Fountain Valley. The manufacturer has advised the vendor that this unit cannot be built to specifi- MOTION cations. Staff will mail revised specifications to Contract interested vendors. A motion was made by Council Member Rescinded Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, rescinding the contract with Huntington Valley Tool Rental and.Sales. Bid Item 703 Bids received for Bid Item 703, Two Directional Display Directional Panels, Trailer Mounted, are on file in the Clerk's Display Panels office.. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, the contract was awarded to MOTION Starlite/Blinkerlite Safety Supply, 16330 Phoebe Avenue, Awarded to La Mirada, for $8,257.40. The motion carried by the Starlite/ following roll call vote:_ Blinkerlite AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 706 Bids received for Bid Item 706, Telephone Pagers and Telephone Pagers Telephone Paging Service, are on file in the Clerk's y office. On motion by Council Member Schafer, seconded MOTION by Vice Mayor Hornbuckle, the contract was awarded to Awarded to Metromedia Paging Services, 1125 North Magnolia Avenue, Metromedia Paging Anaheim, as follows: Services Exhibit "A" - 54 radio pagers - $5,781.24; Exhibit "B" - digital computer activated paging service for 54 pagers - $324.00 per month. 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 Change Order "A" The Director of Public Services has recommended approval McAlpine and,Salyer of Change Order "A' for $17,000.00, to the contract with McAlpine and Salyer Construction Company, Incorporated, Bid Item 684 15709 Illinois Avenue, Paramount, for replacement of a Fuel Storage Tanks fuel tank at the Corporation Yard,.in connection with Bid Item 684, Remove and Replace Underground Fuel MOTION Storage Tanks. On motion by Council Member Schafer, Change Order seconded by Vice Mayor Hornbuckle, the change order was Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Orders 31, The Director of Public Services has recommended approval 32, and 36 of Change Orders 31, 32, and 36 for $24,347.21, Clarke Contracting $3,392.09, and $2,285.46, respectively, to the contract with Clarke Contracting Corporation, 1218 South Alameda Assessment District• Street, Compton, in conjunction with Assessment District 82-2, South Coast 82-2, South Coast Metro Center. The change orders are Metro Center for an additional fire vehicle lane, two additional planters and soil, and additional flatwork and fountain MOTION pedestal work. On motion by Council Member Schafer, Change Orders seconded by Vice Mayor Hornbuckle, the change orders Approved were approved by the following roll call vote: ,AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None Notice of Completion ABSENT: COUNCIL MEMBERS: None Change Order 1 The City Manager has recommended approval of Change Leighton and Order 1 for_$5,000.00, to the contract with Leighton Associates and Associates, Incorporated, 1151 Duryea Avenue, Irvine, for geotechnical studies in the area bordered Geological Study by Fairview Road, Sunflower Avenue, South Coast Drive, of North Costa and Bear Street. The change order is for laboratory Mesa testing and reproduction of the report. On motion by Council Member Schafer, seconded by Vice Mayor MOTION Hornbuckle, the change order was approved by the Change Order following roll call vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Installation of the Baker Street Storm Drain has been Baker Street Storm completed to the satisfaction of the Director of Public Drain/Mladen Buntich Services by Mladen Buntich Construction Company, 9946 Construction Rancho'Caballo Drive, Sunland. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, the MOTION work was accepted; the Clerk was authorized to file a Work Accepted Notice of Completion; authorization was given to release retention funds 35 days after the Notice of Completion has been filed; the Labor and Material Bond was ordered exonerated 7 months after filing the Notice of Comple- tion; and the Performance Bond was ordered exonerated 12 months after filing the Notice of Completion. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES:- COUNCIL MEMBERS: None Final Map for The Final Map and Subdivision Agreement were presented Tract 12488/Newport for Tract 12488, Newport Harbor Builders, 891 Production Harbor Builders Place, Newport Beach; seven lots, 0.46 -acre, located at 2281 Canyon Drive, for condominium purposes. On motion by Council Member Schafer, seconded by Vice Mayor MOTION Hornbuckle, the map and agreement were approved; the Map and Agreememt Council did accept on behalf of the City the ingress/ Approved egress easement over Lot 7 for emergency and security ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract 12067, Sails Tract 12067/Sails Development, Incorporated, Post Office Box 2232, Mission Development Viejo; 17 lots, 2.37 acres, located on Sundance Drive northerly of 19th Street, for condominium purposes. On MOTION motion by Council Member Schafer, seconded by Vice Mayor Map Approved Hornbuckle, the map was approved; the Council did accept on behalf of the City the easement for public utilities and appurtenant purposes as dedicated, and the easement for ingress and egress for emergency and security pur- poses as dedicated; and the Clerk was authorized to sign the map on behalf of the City. The motion carried by the following roll call: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract 12341, Regis Tract 12341/Regis Homes, 5120 Campus Drive, Newport Beach; one lot, 18.9 Hones acres, located south of Sunflower Avenue, between Avenue of the Arts and Sakioka Drive, for condominium purposes. On motion by Council Member Schafer, seconded MOTION by Vice Mayor Hornbuckle, the map was approved; the Map Approved Council did accept on behalf of the City the easement for emergency access as dedicated, and all vehicular access to Sunflower Avenue, Avenue of the Arts, and Sakioka Way as released and relinquished; did also approve said map pursuant to the provisions of Section 66436(c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign the map 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 Final Map for The Final Map was presented for Tract 12422, S and A Tract 12422/S and A Development, Incorporated, 2841 White Star Avenue, Development Suite D, Anaheim; one lot, 0.43 -acre, located at 781 and 785 West 18th.Street, for condominium purposes. MOrTION On motion by Council Member Schafer, seconded by Vice Map Approved Mayor Hornbuckle, the map was approved; the Council did accept on behalf of the City the ingress and egress easement for emergency and security vehicle purposes as dedicated; and the -Clerk was authorized to sign the map on behalf of the City. The motion carried by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map and Subdivision Agreement were presented Tract 12488/Newport for Tract 12488, Newport Harbor Builders, 891 Production Harbor Builders Place, Newport Beach; seven lots, 0.46 -acre, located at 2281 Canyon Drive, for condominium purposes. On motion by Council Member Schafer, seconded by Vice Mayor MOTION Hornbuckle, the map and agreement were approved; the Map and Agreememt Council did accept on behalf of the City the ingress/ Approved egress easement over Lot 7 for emergency and security vehicle purposes as dedicated; did also approve the 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 OLD BUSINESS The Clerk presented .a request from the Development ZE-84-187 Services staff to reconsider Conditions of Approval Rinker/Arnel relating to walls and landscaping adjacent to homes on the south side of Dahlia Avenue in conjunction with Zone Exception ZE-84-187, Arnel Development Canpany, 505 North Tustin Avenue, Santa Ana, for a Final Development review for two two-story office buildings located north of South Coast Drive and east of Pansy Lane. The Senior Planner reviewed staff's memorandum dated December 10, 1985, stating that the condition regarding a separation wall required the developer to raise the existing block wall "to a height agreeable to the home- owners"; however, because of the lack of sufficient footings and structural reinforcement, and the poor condition of the existing wall, it was not feasible to add height to the existing wall. Arnel proposed construction of a new seven -foot high wall on their property approximately six inches away from the exist- ing wall. Because of the gap between the walls and the approximate 18 -inch height difference, the home- owners1who attended a meeting with Arnel on October 23 expressed opposition to this solution. In response to the wishes of the homeowners, Arnel sub- mitted an alternative proposal to retain and strengthen the existing block wall. Also, the side of the wall facing the office buildings and the top of the wall will be finished with stucco. This alternative proposal was accepted by a unanimous vote of the homeowners at the second meeting held on November 20. In regard to Condition No. 2 concerning the landscape buffer, at the homeowners/Arnel meeting of October 23, the majority of homeowners preferred a full evergreen buffer instead of the Planning Ccmission's recommenda- tion for a "combination of deciduous and evergreen trees". In view of the outccrne of the homeowners/Arnel meetings, staff has recommended that the Conditions of Approval concerning the wall and landscape buffer be modified as shown in staff's memorandum of December 10 with an additional modification to Condition No. 2 to include 24 -inch and 36 -inch box sizes (instead of 24 -inch only) for the evergreen trees. Vice Mayor Hornbuckle asked where the pilasters would be located on the wall. Harry Rinker, Arnel Develop- ment Company, responded that the pilasters will be constructed in accordance with an engineering study which will be presented to the City's Engineering Divi- sion. He stated that the pilasters probably will be placed on the side of the wall facing the office structure. MOTION A motion was made by Council Member Hall, seconded by Modification Council Member Wheeler, and carried 5-0, mending the of Conditions Conditions of Approval for the separation wall and_land- Approved scape buffer to read as follows: 461 "The existing block wall separating the office sites from the single-family residential lots to the north shall be reinforced with pilasters, and the side of the wall facing the office buildings and the top of the wall shall be finished with stucco." The document states that the noise/view bene along and adjacent to the eastern residential area boundary. has "Particular attention shall be paid to providing adequate screening in the form of evergreen trees (24 -inch and 34 -inch box sizes) and shrubs in the landscaped area along the northern property line, under the direction of the Planning Division. On-site lighting shall be designed and oriented to prevent light spillage onto the adjacent residential properties." Speed Limit on The Clerk presented two ordinances regarding speed limit Orange Avenue reduction on Orange Avenue from 15th Street to Mesa Drive. MOTION On motion by Council Member Hall, seconded by Council Ordinance 85-36 Member Schafer, Ordinance 85-36, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading AMENDING SECTION 10-331 OF THE MUNICIPAL CODE OF THE CITY OF COSTA MESA TO ESTABLISH A SPEED LIMIT OF 25 MILES PER HOUR ON ORANGE AVENUE, was given first read- ing 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 Specific Plan for The Mayor presented a recommendation from the Develop - Avocado Street ment Services staff that a Specific Plan be prepared for three commercial properties at 217, 219, and 221 Avocado Street. The Senior Planner reviewed staff's memorandum dated November 22, 1985, pointing out that preparation of a Specific Plan presents an opportunity to resolve the conflicts between the uses along this portion of Avocado Street. MOTION On motion by Council Member Hall, seconded by Vice Mayor Staff Directed Hornbuckle, and carried 5-0, staff was directed to Pre- to Prepare a pare a Specific Plan for the properties at 217, 219, and Specific Plan 221 Avocado Street. North Costa Mesa The Mayor announced that a presentation would be made by Geological Report Leighton and Associates concerning the North Costa Mesa Geological Report. Iraj Poormand, Principal Geotechni- cal Engineer, Leighton and Associates, Incorporated, 1151 Duryea Avenue, Irvine, referred to the document entitled, "Preliminary Distress Evaluation at the Resi- dential Area Bounded by Fairview Road, Sunflower Avenue, South Coast Plaza II, and South Coast Drive, Costa Mesa, California". Mr. Poormand summarized the text of the document concerning ground water conditions, soil conditions, reports provided by the City, settlement analyses, elevation surveys, lots affected by the berm - induced settlements, and lots distressed due to volume change of expansive soils. Based on the evaluation, Mr. Poonnand indicated that most of the distress relates to volume changes associated with seasonal moisture changes of expansive soils. The dewatering activity at the South Coast Plaza II construction site has had insignificant impact, if any, on this volume change. The document states that the noise/view bene along and adjacent to the eastern residential area boundary. has I G 2 caused some settlement. While the magnitude of the settlement induced within the residential area is esti- mated to be minor, this may have played a significant role in exacerbating the distress level only to the row of houses which border on this edge of the residential area. Based on damage reports, it appears that the majority of the residential structures on this eastern edge have tolerated the induced settlement with no observable distress. The conclusions contained in the document indicate that the observed distress features, except for a few cases along the eastern boundary of the site, are related to volume change of expansive soils and not related to water withdrawal frau the subsurface. A large number of homeowners responding to a distress questionnaire have indicated that since the beginning of the dewatering program, they have observed an increased level of dis- tress occurrence. Voile this observation may be true, it appears to be more a matter of coincidence than casual relationship. At the present time, Southern California is completing a third year of relative drought, and problems associated with the shrinkage of expansive soils are at a high level. Lastly, the conclusions of the document state that the residential structures on Lots 21 through 27 of Tract 7557 are probably cushioned from the zone of berm settlement by the backyards; however, backyard improve- ments are probably impacted by the berm -induced settle- ments. The residential structures on Tots 7 and 8 of Tract 7557, as well as those on Tats 65, 66, 79, 80, 93, and 94 of Tract 7718, are closer to the berm and the bern-induced settlement may be significant in exacer- bating their distress level. Mayor Hertzog thanked Mr. Poormand for the report and announced that the Preliminary Distress Evaluation would be available in the City Clerk's office, and at the public libraries in Costa Mesa. In addition, copies of the document will be submitted to the affected home- owners associations. R-85-11 The City Clerk presented for second reading and adop- Grant/Woodmansee tion, ordinance 85-32, to rezone property at 607 Hamilton Street from R2 to R3, in connection with Rezone Petition R-85-11, for James A. Grant, authorized agent for Louise L. Woodmansee. Vice Mayor Hornbuckle opposed the request because she believed that R3 zoning would be too dense for the area. Council Member Wheeler opposed R3 zoning because he felt that the density would negatively impact the surrounding streets and the surrounding R1 neighborhood. MOTION on motion by Council Member Hall, seconded by Council Ordinance 85-32 Member Schafer, ordinance 85-32, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LAT 21, FAIRVIEW FARMS, FROM R2 TO R3, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Schafer, Hall, NOES: COUNCIL MEMBERS: Hornbuckle, Wheeler ABSENT: COUNCIL MEMBERS: None WARRANTS On motion by Vice Mayor Hornbuckle, seconded by Council MOTION/Warrant Member Wheeler, Warrant Resolution'1307, including Pay - 1307 Approved roll 8524, was approved by the following roll call vote: 11 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER REPORTS The City Manager presented his report of December 12, 1985, concerning the acquisition of the Fairview Acquisition of Regional Park site from the Orange County Harbors, the Fairview Beaches, and Parks District. Park Site In acquiring the property from the County, the City is promising that the site will be restricted to.park, recreation, and open space uses in perpetuity. The total acreage in the park site, excluding the two parcels currently owned by the City, is 260.5 acres. During negotiations, the County staff indicated concern over the sale of the lowlands area between the existing bluffs and the Santa Ana River. A portion of this area, 85.11 acres, may be required for flood control purposes or wetlands mitigation in conjunction with the Santa Ana River Flood Control Plan. As a compromise which meets the needs of both the City and the County, the City Manager recommended that the 85.11 acres of lowlands (Exhibit E of the Purchase Agreement) be retained by the County. This would leave 175.39 acres to be acquired by the City and developed for recreation, park, and open space. The Agreement stipulates that the County shall utilize its 85.11 acres for flood control and wetlands mitigation purposes only. The cost to the City for acquisition of the park site is $3,984,647.00. Of this total amount, the City will pay the County $1,896,604.00 in one payment; the City will pay the State $1,838,043.00 over an eight-year period. The Purchase Agreement calls for both parties to provide certain easements for specific public purposes. The City will provide the County with a water access ease- ment for the wetlands area. The specific location of the easement and design of the water supply system will require mutual agreement by the County and City.. In turn, the County will provide the City with the necessary bike trail access easement between the bicycle bridge now under construction across the Santa Ana River and proposed bike trails in the park site. Since the State of California has already extended the deadline for initial improvements to the park site, staff has recommended that the City retain a consult- ing firm to assist in the overall planning and design of the park site, and to assist in preparing construction drawings for the minimal improvements required to satisfy the State's interest in seeing the project proceed. Finally, staff recommended that Council review the Fairview Park Citizens Committee to determine if there is a desire to modify or add to the current membership. { Staff recommended retaining the Committee until the park has been developed because the Committee has been of great value in bringing the project to its present status. The City Manager commented that the Fairview Park site will be the largest in the community and representsa Citywide resource; therefore, Council may want to consider adding additional members to the Committee. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Agreement Member Hall, the following action was taken: the Pur - Approved chase Agreement was approved subject to approval by the County of Orange and the State of California, and the Mayor was authorized to sign on behalf of the City; staff was directed to proceed with Requests for Pro- posals (RFP's) to contract for consulting services to prepare a General Development Plan for the park site; Council approved retention of the Fairview Park Citizens Committee and approved the recommendation to appoint additional members to that ca mittee; and the City Manager was directed to prepare a Committee plan to be discussed at the Study Session of January 13, 1986. 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 Clerk announced the public hearing, continued from Appeal of the meeting of November 18, 1985, to consider an appeal ZE-84-168/RA-84-15 of the Redevelopment Agency's decision for Zone Excep- Verdult tion ZE-84-168/Redevelopment Action RA -84-15, from Winston Verdult, 1761 Newport Boulevard, Costa Mesa, for a Conditional Use Permit to allow auctions in con- junction with an existing jewelry shop; a variance from parking requirements; and a variance from landscaped setback requirements, located at the above address in a C2 zone. Environmental Determination: Exempt. At the Redevelopment Agency meeting of September 4, 1985, the Agency denied the variance from landscaped setback requirements; however, the Conditional Use Permit to allow the auctions and the variance from parking requirements were approved. Also, the Agency directed the applicant to remove all paving except for necessary sidewalks, to reinstall the landscaping, and to remove or legalize all illegal signage within 60 days. The Senior Planner referred to staff's memorandum of December 11, 1985, which states that staff recommends approval of the in -ground planter areas as proposed by the applicant. This would necessitate Council approval of the variance from landscaped setback requirements. Winston Verdult alleged that his parking problems stem from the fact that the City approved two restaurants in the vicinity of his business. Mr. Verdault commented that the restaurant owners were not required to provide adequate parking nor were they required to provide the setbacks and landscaping that the City is requesting from him. Council Member Wheeler mentioned that Mr. Verdult was directed to put back the same landscaping which was required as a Condition of Approval in 1974; however, Mr. Verdult now states that he will put back only half the landscaping. Council Member Wheeler also stated that the restaurants have no affect on the landscaping required of Mr. Verdult. Vice Mayor Hornbuckle reminded Mr. Verdult that he was directed to put back the same landscaping required in 1974. Mr. Verdult responded that he did not agree to that condition. Mr. Verdult mentioned that the yellow line separating traffic has been removed from the street and it is extremely difficult for drivers to determine whether the street is for one-way or two-way traffic. 46a_ Mayor Hertzog asked why the markings had been removed, and the Director of Public Services responded that he would investigate the matter. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the City's requirements for Mr. Verdult's property were unfair. There being no other speakers, the Mayor closed the public hearing. MOTION Council Member Hall stated his opinion that there have Variance from been same impacts on the parking for that property. Landscaped Council Member Hall made a motion to approve the vari- Setback Approved ance from setback landscaping requirements and to require landscaping to be provided as shown in Figure 2 of staff's report, subject to conditions; directing the applicant to install drought -tolerant landscaping; and ordering the removal of all illegal signs within 45 days, subject to conditions. The motion carried 3-2, Council Members Hornbuckle and Wheeler voting no. PUBLIC HEARING The Clerk announced the public hearing, continued,frem Appeal of PA -85-164 the meeting of November 18, 1985, to consider an appeal ICN Pharmaceuticals of the Planning Cco mission's denial of Planning Action PA -85-164, from ICN Pharmaceuticals, Incorporated, 3300 Hyland Avenue, Costa Mesa, for a sign variance for signage above the first story and excess letter height, located at the above address in an MP zone. Environ- mental Determination: Exempt. The authorized agent for ICN Pharmaceuticals has requested a continuance of the hearing because of illness. MOTION On motion by Council Member Hall, seconded by Council Held Over Member Wheeler,`and carried 5-0, this item was continued to the meeting of January 6, 1986. RECESS The Mayor declared a recess at 8:40 p.m., and the meet- ing was reconvened at 8:50 p.m. PUBLIC HEARINGS The Clerk announced the public hearing, continued from GP-85-3A/R-85-10 the meeting of December 2, 1985, for a rehearing of Burtner/Fodor General Plan Auendment GP -85-3A and Rezone Petition R-85-10, requested by Bob Burtner, authorized agent for Robert Fodor, to change the land use designation from Medium Density Residential to High Density Residential, and to rezone fram R2 to R4,'for property located at 543 Victoria Street. Environmental Determination: Negative Declaration. These appl-ications-were denied by Council on November 4, 1985. Bob Burtner, authorized agent, reported that he is attempting to assemble new drawings for R3 zoning, and for that reason, he is requesting a continuance. Mr. Burtner stated that he intends to submit a definite plan of what can be developed on the property. Council Members Hornbuckle and Wheeler opposed a con- tinuance because they felt that neither the R3 nor R4 zoning would be appropriate for the area. Council Members Hertzog, Schafer, and Hall agreed that it has been a Council policy to allow a continuance when requested by the applicant. Vice Mayor Hornbuckle pointed out that at the meeting of November 4, Council did consider R3 zoning and still denied the request. Council Member Wheeler contended that any plan subdiitted at this time would not bind the applicant to developing the property in accordance with that plan once a rezone has been approved. MOTION A motion was made by Council Member Hall, seconded by Held Over Council Member Schafer, to continue the public hearings to January 20, 1986. The motion carried 3-2, Council Members Hornbuckle and Wheeler voting no. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the Council has always allowed a continuance. Mr. Soffer was of the opinion that the applicant should have the opportunity to bring forth new evidence. COUNCILMANIC Mayor Hertzog suggested that Anna Shereshevsky be COMMENTS recommended for appointment to the Orange County Senior Citizens Council. Orange County A motion was made by Council Member Wheeler, seconded by Senior Citizens Council Member Hall, and carried 5-0, approving a recom- Advisory Cmmittee mendation to the Orange County League of Cities that Appointment Anna Shereshevsky be appointed to represent the Fifth District on the Orange County Senior Citizens Advisory Committee. ADJOURNMENT At 9:05 p.m., the Mayor adjourned the meeting to Wednes- day, December 18, 1985, at 2:30 p.m., in the Council Chambers of City Hall, for the purpose of holding a joint meeting with the Costa Mesa Redevelopment Agency, and an adjourned Council meeting concerning a 160 -unit apartment project, located in the Downtown Redevelopment Area. —MayLf the City of C sa ATTEST: City Clerk of the City of Costa M a