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HomeMy WebLinkAbout03/03/1986 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 3, 1986 The.City Council of the City of Costa Mesa, California, met in regular session March 3, 1986, 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 Boy Scout Troop 40, and Invocation by Pastor Dan Knudsen, Prince of Peace Lutheran Church. 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 Wheeler, seconded by Council February 3 and 18, Member Schafer,.and carried 5-0, the minutes of the reg - 1986 ular meetings of February 3 and 18, 1986, were approved as distributed. ORDINANCES A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, to read all ordinances by title only. PROCLAMATION American Cancer The Mayor proclaimed February 19 through March 21, 1986, Society Days as "American Cancer Society Daffodil Days". Award from Master Mayor Hertzog announced that the City Council has been Chorale of Orange selected by the Master Chorale of Orange County as County "Patron of the Arts" for 1985-86 in recognition of out- standing utstanding dedication to the cultural enriclinent of Orange County. The Mayor directed staff to display the plaque in City Hall. CONSENT CALENDAR The following item was removed from the Consent Calen- dar: Item 11(c), Parking Prohibition on Marquette Circle for street sweeping. , On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, 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 I' vXF COMMUNICATIONS On motion by Council Member.Schafer, seconded by Vice Mayor Hornbuckle, Resolution 86-18, being A RESOLUTION Fire Department OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Records Destruction FORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE FIRE DEPARTMENT OF THE CITY OF COSTA MESA PURSUANT TO ORDI- MOTION NANCE.NO. 75-60, was adopted by the following roll call Resolution 86-18 vote: Adopted 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: 75 76 Claims Claims received by the City Clerk: Attorney Rod Blair on behalf of Maria Blevins; John E. Burkhart; Attorney David S. Tingler on behalf of Dean J. Fawcett; Attor- ney S. Henslee Smith on behalf of Alan E. Kasubuchi; Attorney Boris Z. Gorbis on behalf of Icon Korenberg; Peter Petersen; Attorney Mark Alan Wright on behalf of Helen Weaver; and Ta Mao Yeh. Alcoholic Beverage Alcoholic Beverage License applications for which Licenses parking has been approved by the Planning staff: La Siesta Restaurants Corporation, doing business as Picante, 580 Anton Boulevard, Suite 207; and South Coast Westin Hotel Company, doing business at 666 Anton Boulevard. Alcoholic Beverage License application from Abdul Hyderali, 2831 Bristol Street, Suite 100, has been recommended for denial by the Planning Staff because the required Conditional Use Permit has not been filed with the Planning Division. Public Communications from the Public Utilities Commission: Utilities Commission Notice that Application No. 86-02-005 has been filed by Southern California Edison Company for authority to change its energy cost adjustment billing factor in connection with contracts with Homestake Mining Company and Bear Creek Uranium Company. Notice that Application No. 86-02-011 has been filed by Southern California Edison Company for authority to change its rates effective June 1, 1986; to adjust certain energy cost rates; and to review Edison's operations for the period December 1, 1984, through November 30, 1985. Redevelopment Letter from R. C. Johnston, 1920-C Wallace Avenue, Area Apartment opposing condemnation of 10 parcels of land in the Project Redevelopments Area for the purpose of constructing an apartment project. SET FOR PUBLIC On motion by Council Member Schafer, seconded by Vice HEARING Mayor Hornbuckle, and carried 5-0, the following items were set for public hearing on March 17, 1986, at 6:30 p.m:, in the Council Ch&nbers of City Hall: C. J. Segerstrom For Malcolm Ross, authorized agent for C. J. Segerstrom Home Ranch Project and Sons, 3315 Fairview Road, Costa Mesa, for the 98 - acre Home Ranch project, located north of the San Diego Freeway between Harbor Boulevard and Fairview Road, in a PDC zone: Subsequent EIR Subsequent Environmental Impact Report No. 1029 for General Plan Amendment GP -83-1B Revised. GP -83-1B Revised General Plan Amendment GP -83-1B Revised, to change allocations of building square footage, and to increase building heights designated in a previously approved General Plan Amendment. PA -86-21 Planning Action PA -86-21, for a Preliminary Develop- ment Plan for the entire 98 -acre Hone Ranch project, to include 2.8 million square feet of office and commercial use and one 400 -room hotel. PA -86-21F1 Planning Action PA -86-21F1, for a Final Development Plan for a 32 -story office building containing 677,000 square feet. 1 77 REJECTED CLAIMS On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claims from Elois Boring-, et al S. Boring, et al, were rejected. Kaszubinski On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim frau Richard Kaszubinski was rejected. Vo On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim fram Anh Thu Vo was rejected. Ott On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim fram Eloise Ott was rejected. Kimsey On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim frau Gary G. Kimsey was rejected. ADMINISTRATIVE ACTIONS The Director of Public Services has requested approval of Change Order Nos. 24, 29, 38, 39, and 40, for Change Orders 24, $1,400.00, $1,272.60, $3,700.88, $8,906.00, and $811.59, 29, 38, 39, 40 respectively, to the contract with Clarke Contracting Clarke Contracting Corporation, 1218 South Alameda Street, Campton, in connection with Assessment District 82-2, South Coast Metro Center. Additional work is required because of plan revisions. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, the change orders were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 686 Bids received for Bid Item 686, Modems and Converters, Modems and are on file in the Clerk's office. After testing of the Converters modems and converters furnished to the specifications, it became apparent that they were not performing to the standards required by the Police Departnent. In view of that information, staff has recammended rejection of all MOTION bids. New specifications have been prepared and mailed All Bids Rejected to interested vendors. On motion by Council Member. Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, all bids were rejected. Bid Item 696 "A" Bids received for Bid Item 696, Revision "A', are on Walk-in Truck Van file in the Clerk's office. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, the contract MOTION was awarded to De Anza Chevrolet, 8200 Auto Drive, Awarded to De Anza Riverside, for $23,836.08. The motion carried by the Chevrolet following roll call vote: AYES:. COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 711 Bids received for Bid Item 711, Golf Course Maintenance Golf Course Equipment, are on file in the Clerk's office. On motion Maintenance by Council Member Schafer, seconded by Vice Mayor Equipment Hornbuckle, contracts were awarded as follows: MOrTION Exhibit "A' - 1986 Toro Model 04345 Greens Mower: Awarded to Pacific Pacific Equipment and Irrigation, Incorporated, Equipment and to 19515 East Walnut Drive North, City of Industry, B. Hayman for $10,350.90. Exhibit "B" - National 84 -inch Triplex Mower: B. Hayman Company, Incorporated, 9525 Sorensen Avenue, Santa Fe Springs, for $6,233.86. 78 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 Bid Item 712 Bids received for Bid Item 712, Dump Truck Body, are on Dump Truck Body file in the Clerk's office. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, the contract MOTION was awarded to Fontaine Truck Equipment Company, 9051 Awarded to Sorensen Avenue, Santa Fe Springs, for $11,789.00. The Fontaine Truck motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Bid Item 694, Remodel Police Building Basement, has been Frank Ultimo completed to the satisfaction of the Director of Public Services by Frank Ultimo, 24421 Barbados Drive, Dana Bid Item 694 Point. On motion by Council Member Schafer, seconded Remodel Police by Vice Mayor Hornbuckle, the work was accepted; the Building Basement. Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 MOTION days thereafter; the Labor and Material Bond was ordered Work Accepted exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. 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 Improvements for Improvements in connection with Development Review DR -84-08 DR -84-08 have been campleted to the satisfaction of Bristol Limited the Director of Public Services by Bristol Limited, 6309 Auburn Boulevard, Citrus Heights, for property located MOTION at 2751-2755 Bristol Street. On motion by Council Wbrk Accepted Member Schafer, seconded by Vice Mayor Hornbuckle, the work was accepted, and the bonds were ordered exoner- ated. 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 Transfer of HCD The Redevelopment Agency Director has recommended Grant Block Funds tranfer of $10,000.00 from the Housing and Community Development Grant Block funds to the curb cut projects. These funds would supplement the $30,000.00 previously authorized, for a total of $40,000.00. A bid has been received for $38,337.00 to perform the curb cut work. The remainder of the money would be used to cover MOTION necessary fees and any necessary change orders. On Transfer Approved motion by Council Member Schafer,,seconded by Vice Mayor Hornbuckle, the transfer was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference On motion by Council Member Schafer, seconded by Vice Advance Mayor Hornbuckle, a Conference Advance for $1,097.00, for a police officer to attend Narcotic School in MOTION Sacramento, March 30 to April 11, 1986, was approved Advance Approved by the following roll call vote: 79 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission has recanmended that parking be on Del Mar Avenue prohibited along both curbs of Del Mar Avenue, Newport Boulevard to Elden Avenue, to enhance traffic .flow and MOTION safety on Del Mar Avenue. On motion by Council Member Resolution 86-19 Schafer, seconded by Vice Mayor Hornbuckle, Resolution Adopted 86-19, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF DEL MAR AVENUE, was adopted by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission has reccimnended that parking be on Baker Street prohibited along the southerly curb of Baker Street from Milbro Street easterly to the east end of the Route 73 overpass, and along the northerly curb of Baker Street frau Bear Street easterly to 149 feet west of Jeffrey Drive. The prohibition was recommended because recent striping does not permit adequate roam for park- ing, and because of the severe congestion westbound between 4:00 p.m. and 5:00 p.m. On motion by Council MOTION Member Schafer, seconded by Vice Mayor Hornbuckle, Resolution 86-20 Resolution 86-20, being A RESOLUTION OF THE CITY COUNCIL Adopted OF THE CITY OF COSTA MESA, CALIFORNIA,,PROHIBITING PARK- ING ON A PORTION OF BAKER STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL.MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission has recommended that parking be on Wilson Street prohibited along the southerly curb of Wilson Street, College Avenue to Fordham Place, in conjunction with MOTION new striping for a two-way left -turn lane. On motion MOTION by Council Member Schafer, seconded by Vice Mayor Resolution 86-21 Hornbuckle, Resolution 86-21, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF WILSON STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission has recommended that parking be on Canyon Drive prohibited along the westerly curb of Canyon Drive for 120 feet south of Wilson Street, to provide safer MOTION traffic movement. On motion by Council Member Schafer, Resolution 86-22 seconded by Vice Mayor Hornbuckle, Resolution 86-22, Adopted being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,,PROHIBITING PARKING ON A PORTION OF CANYON DRIVE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Legal -Correction for On motion by Council Member Schafer, seconded by Vice Alley Abandonment Mayor Hornbuckle, Resolution 86-23, being A RESOLU- Presidio/Bristol TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MAKING LEGAL DESCRIPTION CORRECTIONS TO MOTION RESOLUTIONS 75-80 AND 75-93, ORDERING THE VACATION OF Resolution 86-23 AN ALLEY, ABUTTING LOTS TWO THROUGH NINE, TRACT' 3749, Adopted IN THE GENERAL AREA OF PRESIDIO DRIVE AND BRISTOL STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition Item 11(c) on the Consent Calendar was presented: A on Marquette Circle recommendation from the Traffic Commission that parking for Street Sweeping be prohibited along both curbs of Marquette Circle for its length east of Ludington Street for the purpose of street sweeping. Council Member Wheeler suggested continuing this item until after the Council Study Session of March 10, 1986, when traffic issues will be discussed. MOTION. On motion by Council Member Wheeler, seconded by Council Held Over Member Schafer, and carried, parking prohibition on Marquette Circle was continued to March 17, 1986. OLD BUSINESS The City Clerk presented frcm the meeting of Febru- ary 18, 1986, Ordinance 86-5, to change the zoning of R-85-17 the Donald Montgomery property at 801 Paularino Avenue Montgomery from R2 to R3, in.connection with Rezone Petition R-85-17. Council Member Wheeler stated that he would be voting against the rezone because R3 is not the proper zoning for the area and it will negatively impact the neigh- borhood. MOTION On motion by Council Member Hall, seconded by Council Ordinance 86-5 Member Schafer, Ordinance 86-5, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 6, BLOCK "E" OF THE BERRY TRACT, FROM R2 TO R3, was given second read- ing and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Schafer, Hall NOES: COUNCIL MEMBERS: Hornbuckle, Wheeler ABSENT: COUNCIL MEMBERS: None On motion by Council Member Wheeler, seconded by Vice MOTION Mayor Hornbuckle, Warrant Resolution 1314, including Warrants 1314 and Payroll 8604, and Warrant Resolution 1315 were approved 1315 Approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Hertzog, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER REPORTS The City Manager referred to his memorandum dated Febru- ary 28, 1986, concerning the contract with Kenneth Agreement/Sampson Sampson, Governmental Consultant, for services in con- junction with the proposed Newport Beach -Costa Mesa Marina Project Marina project. The contract expired February 28, 1986. The City Manager suggested bringing this matter back to the Council at a future date because he and Mr. Sampson have not had the opportunity to discuss renegotiation of tenns for any future contract. The memorandum also states that when this item does come back to the Council, the City Manager will provide an update on the status of the proposed Marina project. C� Request frau North :At the Council meeting of February 18, 1986, the North Costa Mesa Home- Costa Mesa Homeowners Association requested a new geo- owners for a New technical investigation of causes for structural Geotechnical Study damage in the North Costa Mesa area. The homeowners indicated that a conflict of interest existed with the consulting firm of Leighton and Associates because the firm prepared the geotechnical study requested by the City as well as geotechnical studies in connection with preparation of the Environmental Impact Report (EIR) for the C. J. Segerstrom Home Ranch project. The City Manager summarized his memorandum dated Febru- ary 28, 1986, which contains staff's opinion that a new study is not justified since there is no evidence to suggest that the study conducted by Leighton and Associ- ates is anything but accurate and complete. The basis for staff's opinion is that Leighton and Asso- ciates has not performed any work for C. J. Segerstrom and Sons, nor have they been involved in any other projects in the subject area. Both studies in question were performed under contract with the City and not with any developer in the area. The memorandum indicates that .there is no "conflict of interest" in a legal sense because that legal tern does not apply to the present circumstances. The City entered into an agreement with Planning Center to prepare the EIR for the Herne Ranch project. Staff was aware that Leighton and Associates was chosen by Planning Center to prepare the geological portion of the EIR. The City Manager stated that even though staff does not see a benefit to the public in contracting for a new study, should the Council desire to do so, the cost for an independent review of the Leighton report would be $2,000.00 to $3,000.00. A completely new study of the area would cost approximately $50,000.00. In concluding his report, the City Manager recommended denial of the request for a new study. MOTION A motion was made by Council Member Hall, seconded by Request for New Council Member Schafer, and carried 5-0, denying the Study Denied request from the North Costa Mesa Homeowners Associa- tion for the City to conduct and finance a new geo- technical investigation in North Costa Mesa. Council Member Wheeler pointed out that there is not a conflict of interest as detailed in the City Manager's memorandum; however, for concerns which relate primar- ily to pending litigation, he favored spending from $2,000.00 to $3,000.00 merely to audit the existing study. Council Member Wheeler moved to allocate a maximum of $3,000.00 to finance an independent audit. The motion died for lack of a second. Vice Mayor Hornbuckle stated that she had grave reserva- tions about involving a second consultant at this point based on information contained in the City Attorney's confidential memorandum. The Vice Mayor also believed that such an audit at this time would be premature. Mayor Hertzog concurred with the Vice Mayor's camnents. 8 2 ANNOUNCEMENT Mayor Hertzog.announced that Public Hearing No. 2, concerning an amendment to the Town Center Master Plan requested by C. J. Segerstrom and Sons, will be referred back to the Planning Cormission. PUBLIC HEARING The City Clerk announced that this was the time and GP-86-1C/R:86-03 place set for the public hearing to consider General Jerkunica Plan Amendment GP -86-1C and Rezone Petition R-86-03, Ann Jerkunica, 633 Promontory Drive West, Newport Beach, to amend the General Plan land use designation from Low Density Residential to High Density Residential, and to change the zoning from R1 (Single-family Residential) to R3 (Multiple -family Residential) for property at 421 Emerson Street, in an Rl zone. Environmental Determina- tion: Negative Declaration. The Affidavit of Publica- tion is on file in the Clerk's office. No communications were received by the Clerk; however, when these items were before the Planning Commission on February 10, 1986, the Planning staff received 17 communications in opposition to the request. The Senior Planner reported that the applicant has indicated that she would accept Medium Density Residen- tial. Staff recommended retention of the existing land use designations (option I). overall development in the area, including existing multiple -family develop- ment, is mostly low density. The Planning Commission recommended approval of a Medium Density Residential General Plan designation, but only if it could be applied to all properties along the west- erly portion of Emerson Street, including the County properties on the northerly side of the street which are in the City's sphere of influence. The Commission's recommendation was based on the existence of multipl- family development on most of Emerson Street. The Planning Commission also recommended R2 zoning for properties on Emerson Street within City jurisdiction. If the study area could not be expanded to include the additional properties, the Planning Commission recom- mended denial of the General Plan Amendment and rezone. The applicant, Ann Jerkunica Lester, commented that her property is the only one on her side of the street with one unit, and pointed out that there is multiple -family zoning across Emerson Street and on adjacent parcels, high condominium garage walls bordering two sides of her property, and a substantial amount of vacant area on her parcel. The applicant further stated that most units on Emerson Street are rental units surrounded by affluent areas, and asserted that Emerson Street is a multi -unit street, not an R1 area. Jim Aynes, 2811 Loreto Avenue, Costa Mesa, urged the Council to preserve the Rl areas in the City, and to deny the applications. Sid Soffer, 900 Arbor Street, Costa Mesa, supported the request for higher density, and disagreed with informa- tion contained in the Staff Report. There being no other speakers, the Mayor closed the public hearing. Council Member Hall stated that because of the size of the parcel (approximately 9,900 square feet), R2 zoning would be appropriate. a MOTION Council Member:Hall moved to adopt the Negative Declara- Negative tion of Environmental Impact. The motion was seconded Declaration by Council Member Schafer, and carried 5-0. Adopted A motion was made by Council Member Hall to adopt Option II, approving a Medium Density Residential land use designation and R2 zoning for the subject property only. The motion died for lack of a second. MOTION A.motion was made by Council Member Wheeler, seconded by GP -86-1C and Council Member Schafer, to deny General Plan Amendment R-86-03 Denied GP -86-1C and Rezone Petition R-86-03. The motion car- ried 4-1, Council Member Hall voting no. PUBLIC HEARING The City Clerk announced that this was the time and EIR/ZE-77-246A3/ place set for'the public hearing to consider Environ - S -85-182 mental Impact Report 1027, Zone Exception ZE-77-246A3, Ross/South Coast and Tentative Parcel Map 5-85-182, Malcolm Ross, author-. Plaza ized agent for South Coast Plaza, for an amendment to the Town Center Master Plan to abandon Town Center Drive between Park Center Drive and Avenue of the Arts as a public street, with a Parcel Map to combine Lots 3 and 4 of Tract 11762. The Affidavit of Publication is on file in the Clerk's office. A communication has been received from the applicant requesting a continuance to May 5, 1986. The Senior Planner suggested that since the applicant has indicated that plans for the plaza area are being modified, these items should be referred back to the Planning Ccmmission. MOTION ' Referred Back A motion was made by Council Member Hall, seconded by to Planning Council Member Schafer, and carried 5-0, referring Commission the applications back to the Planning Commission as recommended by staff. PUBLIC HEARING The City Clerk announced that this was the time and Korando/Luymes place set for the public hearing to consider an appeal Appeal of from Mark and Cherie Korando, 582 Park Drive, and from RA-85-17/Markel/ Jan Luymes, 592 Park Drive, concerning the Redevelopment Briseno Agency's approval of Redevelopment Action RA -85-17, Charles Markel, authorized agent for Gilbert Briseno, to allow the addition of two units and a three -car garage to a lot with an existing unit, located at 581 Park Drive in an R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Senior Planner reviewed staff's memorandum dated February 25, 1986, and the Staff Report. At the meeting of December 9, 1985, the Planning Commission denied Planning Action PA -85-203 and reccmmended denial of Redevelopment Action RA -85-17. The application was for a variance from rear setback requirements and for Redevelopment Agency review to allow the addition of a studio apartment over a one -car garage which is attached to an existing house and garage, and the addition of a detached two-bedroom unit over a four -car garage along an alley. The project met or exceeded all other development standards. Contrary to staff's recommenda- tion, the variance was denied based on the finding that the unit proposed to the rear of the lot would be adversely impacted by the commercial uses across the alley. Prior to Redevelopment Agency review, the appli- cant revised the plans in response to some of the concerns expressed by the Planning Commission, and in order.to meetall development standards. The Senior Planner addressed the issue of density since adjacent homeowners have questioned the propriety of the "round up" provisions of Code Section 13-136(2) to calculate the allowable density for a project. The allowable density for the subject project is 2.9 units. Although the above Code section is permissive by indi- cating that fractions above 1/2 may be rounded up, the additional full unit is generally permitted. If a project were calculated at a density of 2.5 units and also required a number of variances, it could be denied on the basis of "overbuilding" the site. However, the project being considered meets all development stand- ards, and since the "round up" is minimal (from 2.9 to 3), staff has recommended that the three units are appropriate for the size and shape of the lot; the project meets or exceeds all development standards; and it complies with the goals and objectives of the Redevelopment Plan. Vice Mayor Hornbuckle asked the City Attorney if there were,any legal difficulties if the Council were to deny rounding up to the next unit. The City Attorney responded that the denial could raise a question as to whether or not the Council has acted arbitrarily, and if in the past, the City has been granting these round -up situations, that is information that could be used in the argument that the denial is arbitrary. If.the court accepted that argument based on whatever additional evidence was presented, it could well be that the court would overrule you. Responding to.a question from Council Member Wheeler, the Senior Planner reported that since the ordinance was adopted, only one residential project in the Redevelopment Area involved rounding up and that was approved; however, there were similar projects in other parts of the City which were also approved. Council Member Wheeler stated that since there was only one project approved in the Redevelopment Area involving rounding up, it was his opinion that there was no merit to the argument that the Council would be acting arbi- trarily in denying this application. Jan Luymes, one of the appellants, submitted a letter from property owners on Park Drive who are opposed to the project. Attached to that letter was a communica- tion to the Planning Commission giving reasons for the property owners' opposition to the applicant's proposal. After offering some of her legal opinions, Ms. Luymes proceeded with a lengthy presentation, including slide views of the neighborhood. She mentioned that for many years Park Drive has been primarily composed of single- family hones, with the exception of one duplex. Ms. Lymes contended that to permit two units to be added to the property which already has a.hone on it, would not meet the City's requirement that there be 3,000 square feet per unit. A major concern voiced by Ms. Luymes was the congested parking conditions on Park Drive. She indicated that most properties,on that street have one -car garages which are,so small as to preclude using the garages for parking. As a result, most residents park their cars in their driveways or on the street. 1 85 Ms. Luymes also�mentionedithe increased traffic which would be generated by the two additional units. She ccarmented that there are several families with small children living in the area, and where cars are parked on both sides of the street, it is unsafe for vehicles driving through the curve on Park.Drive, and unsafe for children attempting to cross the street and for pedestrians walking along the street to the park. Ms. Luymes expressed concern about the danger to the tenants using a busy alley which contains a greater volume of traffic than most residential alleys because of its proximity to commercial uses. In concluding her presentation, Ms. Luymes asked that Council limit the subject.property to a total of two units. RECESS The Mayor declared a recess at 8:25 p.m., and the meet- ing reconvened at 8:45 p.m. Continuation of Appellant Mike Korando, 582 -Park Drive, Costa Mesa, the Hearing for referring to slides of the area, pointed out the various RA -85-17 locations where sight distance for drivers is already a problem, and commented on the danger to tenants attempt- ing to exit their garages into the busy alley. Charles Markel, authorized agent for the project, 2851 Clubhouse Road, Costa Mesa,reported that after the project had been denied by the Planning Commission, he amended the plans so that they now meet all standards required by the City. The new plans were approved by the Planning Commission and the Redevelopment Agency. Mr. Markel stated that a precedent has been established to round up the allowable density if the density calcu- lated has a fraction of 1/2 or above. He also pointed out that the open space and parking exceeds Code requirements; garages will have an interior width of 10 feet with 9 -foot doors, automatic door openers, and will be constructed at the same grade as the alley. Mr. Markel mentioned that there will be a 16 -foot driveway which is adequate space.to park two vehicles, and that the parking proposed for the rear of the property will not impact Park Drive. Jim Aynes, 2811 Loreto Avenue, Costa Mesa, was of the opinion that the ordinance provision for "rounding up" is permissive. Sid Soffer opposed the project and disagreed with state- ments contained in the Staff Report. Carey Ward, 2464 Elden Avenue, Costa Mesa, stated that if a property owner meets the required standards, he has the right to develop his property. There being no other speakers, the Mayor closed the public hearing. Vice Mayor Hornbuckle suggested that the alley be changed to allow one-way traffic only. Notion to Approve Council Member Hall was of the opinion that the project RA -85-17 meets all standards, and thereafter made a motion, seconded by Council Member Schafer, reaffirming the Redevelopment Agency's approval of Redevelopment Action RA -85-17 based on the analyses and findings of staff, and the recommendation of the Planning Commission, with 86 the additional finding that there are no variances or Conditional Use Permits involved in this project. Responding to the concerns of Mayor Hertzog about possible litigation if the project were denied, the City Attorney stated that he could not predict the out cone of a lawsuit. The decision tonight involves the Council's discretion. Whether the application is . approved or denied, and that decision is challenged in court, the court would give the Council the benefit of the doubt, that is, it would defer to the Council's decision. The court would be determining whether the decision had been arbitrary or discriminatory. In making that analysis, the court would be investigating the circumstances by examining the evidence and the findings. The court would consider the specific deci- sion and how it had been answered in earlier cases. In conclusion, the City Attorney stated that the Council is actually deciding whether three units on the property is overbuilding and whether it should be restricted to two units. In making that decision, the Council should decide on the basis of the facts presented. Vice Mayor Hornbuckle commented that the information from the City Attorney made the situation much clearer, and she was of the opinion that the project is not compatible with the surrounding area. Council.Member Wheeler stated that the new standards are permissive and not mandatory. He felt that rounding up should require a variance, and should not have been made a part of the Code. Mayor-Hertzog stated that based,on the information pre- sented, she could not support the project. Motion to Approve The motion to approve Redevelopment Action RA -85-17 Failed to Carry failed to carry 3-2, Council Members Hertzog, Horny buckle, and Wheeler voting no. MOTION Council Member Wheeler made a motion to deny Redevelop - RA -85-17 Denied ment Action RA -85-17 based on the information presented by the appellants, and based on the following findings: The project is not compatible with the Redevelopment Agency goals because the number of units is not compatible with the single-family neighborhood and not compatible with the goal of;preserving existing areas. The curved design of the street is inadequate to handle increased traffic; therefore, it is not com- patible with Redevelopment Agency goals to increase traffic circulation and to eliminate inadequate traffic circulation. The fact that the project is adjacent to a commercial area further indicates the project is not compatible with the goals of the Council. Excessive parking on the street has created sight distance problems which are not compatible with goals relating to traffic _and parking. Many of the parking problems -are caused by a spill over of vehicles fron surrounding areas which do not provide sufficient parking, and that too would not fulfill the.Council's goals if the Council were to exacerbate that problem. 'J I� _._ The motion to deny the application was seconded by Vice Mayor Hornbuckle, and carried 3-2, Council Members Schafer and Hall voting no. PUBLIC HEARING The City Clerk announced that this was the time and Request from place set for the public hearing for a rehearing Drobatschewsky requested by Serge Drobatschewsky, 3453 Via Loma Vista, for Rehearing of Escondido, concerning Conditions of Approval for Plan - PA -85-215 ning Action PA -85-215, Milton Meehan and Billy Thomas, Meehan/Thomas for a Conditional Use Permit for shared access and a variance from minimum driveway width requirements, to allow access to a previously approved four -unit apart- Pent partPent project at 221-1/2 and 231 Avocado Street in an R2 zone. Environmental Determination: Exempt. The Affi- davit of Mailing is on file in the Clerk's office. A request has been received ;from Milton Meehan asking for continuance of the public hearing so that he can contact an attorney,to represent. him. Sid Soffer could not understand why Mr. Meehan needed additional time to prepare for -,the hearing. MOTION On motion by Council Member Hall,,seconded by Council Held Over Member Schafer, and carried'5-0, Planning Action PA -85-215 was continued to April 7, 1986. NEW BUSINESS HCD Ad Hoc The Mayor presented staff's memorandum of February 24, Committee 1986, concerning appointments to the 1986-87 Housing and Community Development block grant ad hoc committee. MOTION On motion by Council Member Hall, seconded by Council Committee Members Member Wheeler, and carried 5-0, the following Costa Appointed Mesa residents were appointed to the ad hoc committee: Mike Chitjian; Jeffrey A. Carlson; Thomas P. Brenneman; Baron W. Hunter; William James Cochran; Adele Veronica Lyford; Arthur L. Basile; Darrell K. Neft; and I. Jayne Askin; with Mayor Hertzog acting as Council liaison. COUNCILMANIC COMMENTS Council Member Wheeler referred to a letter from Joan Morrow, 3023 Royce Lane, Costa Mesa, concerning the EIR for Hone Environmental Impact Report for the Segerstrom Hone Ranch Ranch project. Ms. Morrow suggested that the document address the high-rise impact on television and radio reception. Council Member Wheeler commented that he would not vote to certify the EIR unless these issues are addressed. The City Manager reported that radio and television reception will be included in the EIR. Bilingual Training Council Member Wheeler asked for a brief report on the for Police status of the bilingual training program for police personnel. Televising Council Council Member Wheeler reported that he has received a Meetings letter from John Merritt, Regional Manager of Copley/ Colony, Incorporated, indicating that there are no technical limitations which would prevent televising the Council meetings. He stated that he will be asking about this matter again in approximately one month and requested Council input at that time. Police Department Council Member Wheeler congratulated the Police Depart - Commended ment personnel on their fine performance in controlling the demonstrations at the Westin South Coast Plaza Hotel during "Wincom 186" (Winter Conference on Aerospace and Electronic Systems). Seniors Committee Vice Mayor Hornbuckle announced that Kay Rupsa has Appointment resigned from the Senior Citizens Committee and made a to appoint Marie Maples to that committee. The motion was seconded by Council Member Wheeler, and carried 5-0. ADJOURNMENT The Mayor declared the meeting adjourned at 9:45 p.m. My_otK.Gf the City of Co a (7 ATTEST: 4Cy Clerk of the City of Costa sa 1