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HomeMy WebLinkAbout07/07/1986 - City Council1 1 ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF,COSTA MESA JULY 7, 1986 The City Council of the City of Costa Mesa, California, met in regular session July 7, 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, and Invocation by Vice Mayor Hornbuckle. 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 MINUTES On motion by Council Member Wheeler, seconded by Council June 16, 1986 Member Schafer, and carried 5-0, the minutes of the regular meeting of June 16, 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. ORAL COMMUNICATIONS Mildred Kniss, resident of Trailertown, 327 West Wilson Street, Costa Mesa, asserted that the owner of the Trailertown mobile home park is not abiding by the law regarding Mobile Home lot lines, width of the streets, and emergency vehicle Park access. Glen Greener, 14 Field, Irvine, representing the owner of Trailertown, informed the Council that the streets were widened from 15 to 18 feet, no lot line adjustments have been made recently, and that the owner has heard nothing from the Cosa Mesa Fire Department since it inspected the property. The Mayor directed the City Manager to investigate the emergency access issue to determine whether or not it has been resolved. Don Hunter, Golden State Mobilhome Owners League, Incor- porated (GSMOL), Post Office Box 876, Garden Grove, was of the opinion that the City should assist the residents to purchase the park property. Sid Soffer, 900 Arbor Street, Costa Mesa, contended that the City should not be involved with the purchase of the Trailertown property by the residents. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 8, Reimbursement Agreement with C. J. Segerstrom and Sons for widening of Bristol Street; Item 12(b), Increase trip charges to $78.00 for each new development trip; and Item 14(a), Two-hour park- ing limitation on a portion of Center Street. 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: 'L9 :11490 AYES: ODUNCIL 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: Claims Claims received by the City Clerk: Ian B. Brussin on behalf of David Brussin, a minor; Beverly A. Higley; Attorney Stanley Feldsott on behalf of Brad La Ccmb; and Carol R. Scukanec. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses The Southland Corporation, doing business as 7 -Eleven Store No. 2113-19671, 2683 Harbor Boulevard; Tel Phil Enterprises, Incorporated, doing business at 88 Fair Drive; Martha A. James, doing business as The Nut and Cracker, 1797 Newport Boulevard; Hea Ri Choi, doing business as A Superior Sandwich, 1599 Superior Avenue, Suite A5; and Santiago S. Najera, doing business as The Reef Bar, 820 West 19th Street. Offshore Oil A resolution from the City of San Diego supporting a Drilling proposition directing California cities and counties to ask its voters if a public vote shall be required before coastal land is rezoned for offshore oil drill- ing activities. SET FOR PUBLIC HEARING On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following item was set for public hearing July 21, 1986, at 6:30 p.m., in the Council Chambers of City Hall: Grading and Drainage Pen -nits An ordinance establishing requirements and criteria for grading and drainage permits. Environmental Determination: Negative Declaration. REJECTED CLAIMS On motion by Council Member Schafer, seconded by Vice Craveiro Mayor Hornbuckle, and carried 5-0, the claim from Joseph C. Craveiro was rejected. Doty On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Ross Doty was rejected. Lloyd On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim frau Giselle Marie Lloyd was rejected. Fawcett On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Dean J. Fawcett was rejected. Patterson On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Mona Nell Patterson was rejected. Edison Company On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, Claim No. 86-00954 from Southern California Edison Company was rejected. Edison Company On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, Claim No. 86-02065 from Southern California Edison Company was rejected. ADMINISTRATIVE Bids received for Bid Item 728, Van Truck with Special ACTIONS Modifications, are on file in the Clerk's office. On motion by Council Member Schafer, seconded by Vice Bid Item 728 Mayor Hornbuckle, the contract was awarded to Theodore Van Truck Robins Ford, 2060 Harbor Boulevard, Costa Mesa, for $19,853.80 including tax. The motion carried by the MOTION following roll call vote:.. Awarded to ..AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Theodore Robins Schafer, Hall, Wheeler Ford NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Stabilize Slope Bids received for Stabilization of the Southeast Slope on Fairview at of Fairview Road at the San Diego (405) Freeway are on 405 Freeway file in the Clerk's office.. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried MOTION 5-0, all bids were rejected as recommended by the Bids Rejected Director of Public Services. Arlington Widening Bids received for the Arlington Drive Street Widening and Drainage and Storm Drain from Newport Boulevard Frontage Road to Junipero Drive are on file in the Clerk's office. On MOTION motion by Council Member Schafer, seconded by Vice Awarded to Mayor Hornbuckle, the contract was awarded to Gillespie Gillespie Construction, Incorporated, 3004 Deodar Street, Suite D, Construction Costa Mesa, for,$157,360.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Request to Change On motion by Council Member.Schafer, seconded by Vice Name of Bear Street Mayor,Hornbuckle, and carried 5-0, a request from South Coast Plaza, 3333 Bristol..Street, Costa Mesa, to change MOTION/Referred to the name of Bear Street to South Coast Plaza Drive, was Planning Commission referred to the Planning Omission. Amended Agreement The Housing and Community Development staff requested with Security approval of the first amendment to the Operating Agree - Pacific Bank ment with Security Pacific Bank, Post Office Box 4430, Downey, for implementation of the Housing Rehabilitation Housing Program. The.original agreement expires August 13, Rehabilitation 1986, and the amendment will extend the contract for two Program more years. On motion by Council Member Schafer, sec- onded.by Vice Mayor Hornbuckle, the amendment was MOTION approved, and the .Mayor was authorized to sign on behalf Amended Agreement of the City. The motion carried by the following roll Approved call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Addendum Agreement/ The Director of Leisure Services recommended approval Harry S. Green of Addendum Agreement for $13,211.68 with Harry S. Green, Incorporated, 1701 Golf Course Drive, Costa Mesa, Purchase of for purchase and installation of a new walk-in refrig- Refrigerator erator at the golf course clubhouse. The addendum at Golf Course authorizes Harry Green to withhold six percent of the Clubhouse gross income from the food service portion of the opera- tion until the accumulated monthly payments equal the MOTION cost of the improvement. On motion by Council Member Agreement Schafer, seconded by Vice Mayor Hornbuckle, the adden- Approved dum agreement was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Amended Agreement/ The Director of Public Services recommended approval Sanitary District of the second modification agreement with the Costa Mesa Sanitary District, 77 Fair Drive, Costa Mesa. The amended agreement provides for the District to adminis- MOTION ter its own funds. On motion by Council Member Schafer, Agreement seconded by Vice Mayor Hornbuckle, the amended agreement Approved was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Revision of The Purchasing Agent recommended that purchasing limita- Purchasing tions for order books and small purchase orders be Limitation revised to provide for a maximum purchase of $200.00. The current limitation of $100.00 was established by the MOTION Council in 1979. On motion by Council Member Schafer, Resolution 86-72 seconded by Vice Mayor Hornbuckle, Resolution 86-72, Adopted being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING PURCHASE LIMITATIONS FOR ORDER BOOKS AND SMALL PURCHASE ORDERS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Qualification for On motion by Council Member Schafer, seconded by Vice 1986-87 Arterial Mayor Hornbuckle, Resolution 86-73, being A RESOLUTION Highway Financing OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Program FORNIA, ESTABLISHING THE QUALIFICATION OF THE CITY OF Wall COSTA MESA FOR PARTICIPATION IN THE ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM FOR FISCAL YEAR MOTION 1986-87, was adopted by the following roll call vote: Resolution 86-73 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Adopted Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Development Trip On motion by Council Member Schafer, seconded by Vice Charges Mayor Hornbuckle, Resolution 86-74, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- MOTION FORNIA, DIRECTING THE CITY FINANCE DIRECTOR TO APPORTION Resolution 86-74 INTEREST EARNED BY THE DEVELOPMENT TRIP CHARGES FUND Adopted INTO THE DEVELOPMENT TRIP CHARGES FUND, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 1 The Director of Leisure Services recommended approval of Jay Abeln/E.C.S. Change Order No. 1 for $6,468.00, to the contract with Jay Abeln/E.C.S., 15733 La Subida Drive, Suite No. 2, Fair Drive Block Hacienda Heights, for additional block walls along Fair Wall Drive. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, the change order was approved by MOTION the following roll call vote: Change Order AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Approved Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "A" The Director of Public Services recommended approval IT Corporation of Change Order No. 1 for $8,975.00, to Purchase Order No. 569-690 issued to IT Corporation, 17500 Red Hill Disposal of Avenue, Irvine, to transport and dispose of approxi - Contaminated Soil mately 65 tons of Class I contaminated soil from the 193 Parking Prohibition The Traffic Commission recommended that parking be on College Avenue prohibited along the easterly curb of College Avenue from Avocado Street southerly for 120 feet. On motion MOTION by Council Member Schafer, seconded by Vice Mayor Resolution 86-75 Hornbuckle, Resolution 86-75, being A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF COLLEGE AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Four-way Stop at The Traffic Commission recommended establishment of Town Center and a four-way stop at the intersection of Town Center Park Center Drives and Park Center Drives. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, Resolution MOTION 86-76, being A RESOLUTION OF THE CITY COUNCIL OF THE Resolution 86-76 CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING ERECTION Adopted OF STOP SIGNS ON -TOWN CENTER DRIVE AND PARK CENTER 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 Agreement with Item 8 on the Consent Calendar was presented: A letter Segerstrom agreement with C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, for reimbursement of costs for widen - Bristol Street ing southbound Bristol Street from Town Center Drive to Widening Anton Boulevard, using $555,000.00 in development miti- gation funds. Council Member Wheeler objected to the method of funding because of the possibility of kickbacks and substandard construction. The Director of Public Services reported that not less than three sealed bids must be submitted to the developer, that staff reviews all bids and inspects all construction work. Sid Soffer, 900 Arbor Street, Costa Mesa, disagreed with the statement made by Council Member Wheeler. MOTION Agreement On motion by Council Member Hall, seconded by Council Approved Member Schafer, the agreement with Segerstrom was City Corporation Yard at 2300 Placentia Avenue. On MOTION motion by Council Member Schafer, seconded by Vice Change Order Mayor Hornbuckle, the change order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Orders The Director of Public Services recommended approval No. 1 and No. 2 of Change Orders No. 1 and No. 2, for $26,856.40 and Manhole Adjusting $18,895.90, respectively, to the contract with Manhole Contractors Adjusting Contractors, Incorporated, Post Office Box 250,.Monterey Park, for additional work required for 1985-86 Street the 1985-86 Street Maintenance Program - Hot Rubberized Maintenance/Chip Chip Seal and Slurry. On motion by Council Member Seal and Slurry Schafer, seconded by Vice Mayor Hornbuckle, the change order was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Change Order Schafer, Hall, Wheeler Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission recommended that parking be on College Avenue prohibited along the easterly curb of College Avenue from Avocado Street southerly for 120 feet. On motion MOTION by Council Member Schafer, seconded by Vice Mayor Resolution 86-75 Hornbuckle, Resolution 86-75, being A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF COLLEGE AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Four-way Stop at The Traffic Commission recommended establishment of Town Center and a four-way stop at the intersection of Town Center Park Center Drives and Park Center Drives. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, Resolution MOTION 86-76, being A RESOLUTION OF THE CITY COUNCIL OF THE Resolution 86-76 CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING ERECTION Adopted OF STOP SIGNS ON -TOWN CENTER DRIVE AND PARK CENTER 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 Agreement with Item 8 on the Consent Calendar was presented: A letter Segerstrom agreement with C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, for reimbursement of costs for widen - Bristol Street ing southbound Bristol Street from Town Center Drive to Widening Anton Boulevard, using $555,000.00 in development miti- gation funds. Council Member Wheeler objected to the method of funding because of the possibility of kickbacks and substandard construction. The Director of Public Services reported that not less than three sealed bids must be submitted to the developer, that staff reviews all bids and inspects all construction work. Sid Soffer, 900 Arbor Street, Costa Mesa, disagreed with the statement made by Council Member Wheeler. MOTION Agreement On motion by Council Member Hall, seconded by Council Approved Member Schafer, the agreement with Segerstrom was approved, and the City Manager was authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Development Item 12(b) on the Consent Calendar was presented: A Trip Fees resolution increasing development trip charges to $78.00 per new development trip. Council Member Wheeler stated that the fee of $78.00 per trip is inadequate and suggested that it be $270.00 per new development trip. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 86-77 Member Hall, Resolution 86-77, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING DEVELOPMENT TRIP CHARGES WITHIN COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Two-hour Parking Item 14(a) on the Consent Calendar was presented: A Limitation on recommendation from the Traffic Commission that a two - Center Street hour parking limitation be established, 6:00 a.m. to 10:00 p.m., along the southerly curb of a portion of Center Street. MOTION Vice Mayor Hornbuckle asked for clarification of the Held Over exact location of the proposed parking limitation, and made a motion to continue this item to July 21, 1986. The motion was seconded by Council Member Hall, and carried 5-0. OLD BUSINESS The Clerk presented Ordinance 86-15 for second reading R-86-07 and adoption. The ordinance changes the zoning of Bruno/Maloney property at 2490 Harbor Boulevard from Cl to CL in connection with Rezone Petition R-86-07, John Bruno/ J. William Maloney. MOTION On motion by Council Member Schafer, seconded by Council Ordinance 86-15 Member Wheeler, Ordinance 86-15, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT A IN THE BANNING TRACT, IN THE RANCHO SANTIAGO DE SANTA ANA, FROM Cl TO CL, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RABIES On motion by Vice Mayor Hornbuckle, seconded by Council VACCINATIONS Member Wheeler, Ordinance 86-16, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AMENDING THE LIMITATION PERIOD ON RABIES VACCINATION, Ordinance 86-16 was given second reading and adopted by the following Adopted roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Traffic Signal The Clerk presented from the meeting of June 2, 1986, a on Sunflower report concerning signalization at the Sunflower Avenue/ Greenville Street/Wimbledon Way intersection. 195 Vice Mayor Hornbuckle asked if a warning signal could be installed at the intersection until a permanent solution has been implemented. The Director of Public Services responded that the Traffic Commission could review that possibility. MOTION On motion by Council Member Schafer, seconded by Vice Negotiate with Mayor Hornbuckle, and carried 5-0, the following action Santa Ana; Review was taken: staff was directed to negotiate with the Priority List; City of Santa Ana to provide 50 percent of the funding Program Signal for signalization; the Traffic Commission was directed for 1987-88; to review the intersection priority list; staff was Explore Interim directed to program a traffic signal for fiscal year Remedies 1987-88; and the Traffic Commission was directed to explore interim remedies. MOTION Later in the evening, during Councilmanic Comments, Investigate Speed Mayor Hertzog made a motion to investigate the possi- Reduction on bility of reducing the speed limit on Sunflower Avenue. Sunflower The motion was seconded by Council Member Wheeler, and carried 5-0. WARRANTS On motion by Council Member Wheeler, seconded by Vice MOTION Mayor Hornbuckle, Warrant Resolutions 1326 and 1327 Warrants 1326 and were approved by the following roll call vote: 1327 Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY REPORTS The City Attorney referred to his confidential memoran- dum dated July 1, 1986, requesting settlement authority Ferguson v. City in Ferguson v. Lauchlan and City of Costa Mesa (Federal of Costa Mesa District Court Case No. 84 7745 KN (BX). t Council Member Wheeler disagreed with the recommendation contained in the memorandum. MOTION A motion was made by Council Member Hall, seconded by Settlement Vice Mayor Hornbuckle, approving the recommendation Authority contained in the City Attorney's above-mentioned memor- Granted andum. The motion carried 4-1, Council Member Wheeler voting no. CITY MANAGER REPORTS The City Manager presented an amendment to Resolution No. 86-71, which contained an error in the rate of pay Rate of Pay for for Fire Captains. Fire Captains On motion by Council Member Hall, seconded by Vice Mayor MOTION Hornbuckle, Resolution 86-78, being A RESOLUTION OF THE Resolution 86-78 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted AMENDING RESOLUTION NO. 86-71, CONCERNING RATE OF PAY FOR FIRE PERSONNEL, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Redevelopment set for the public hearing for the Costa Mesa Redevelop- Agency/Mola ment Agency and Mola Development Corporation, 8072 Adams Development Avenue, Huntington Beach, for property bordered by 19th Street, Harbor Boulevard, and Newport Boulevard: R-86-08 Rezone Petition R-86-08, to rezone from C2 (General Business) to PDC (Planned Development Commercial); PA -86-91 Planning Action PA -86-91, for a Final Development Plan for a mixed use project containing 150 apartments, a 1_96 150 -room motel, and 58,000 square feet of commercial space. Environmental Determination: Environmental Impact Report No. 1026 certified by Council on December 18, 1986. The Affidavit of Publication is on file in the Clerk's office. There were 72 cc munications received in support of the project. one letter in opposition to the development was received from Curtis Herberts, Sr., 2290 Channel Road, Newport Beach, owner of property within the project area at 1880 and 1882 Harbor Boulevard. The Senior Planner reviewed his memorandum of July 2, 1986. The mixed use project is located on a 4 -1/2 -acre parcel, and almost all required parking spaces will be provided in a parking structure. Parking for the project is based upon the shared parking concept author- ized by Municipal Code Section 13-554. Major concerns of the Planning Commission involved the overall intensity of the project and the specific mix of uses. These concerns led the Commission to recom- mend approval of the project with the deletion of the motel component. The Planning Commission and Planning staff recommended giving first reading to an ordinance rezoning the prop- erty to PDC with second reading and adoption being delayed until the individual lots within the project area are combined through a parcel map or tract map. The Planning Commission recommended approval of Planning Action PA -86-91 with deletion of the 150 -room motel, modification of Conditions No. 27 and No. 36, and the addition of Conditions No. 44 and No. 45, all as noted on the cover sheet of the Staff Report. The Planning staff recommended approval of the project as presented with the addition of Condition No. 44 and modification -of Condition No. 36 as shown in the Staff Report and in staff's memorandum of June 9, 1986. The Senior Planner mentioned that the project (Redevel- opment Action RA -86-12) is scheduled for the Redevelop- ment Agency meeting of July 15, 1986. Frank Mola, Mola Development Corporation, agreed with the recommendations of staff and accepted all condi- tions. He mentioned that the project had received an award in San Francisco. Architect for the project, Ernie Vasquez, of McLarand, Vasquez and Partners, Incorporated, 695 Town Center Drive, Suite 300, Costa Mesa, gave a lengthy slide presentation of the proposed development. Michael Szkaradek, 1555 Mesa Verde Drive East, Costa Mesa, referred to the Executive Summary which summarizes the impacts and suggested mitigation measures for the project, and asked about the item on Page 3-3 which states that the project will generate 518 additional dwelling units. Vice Mayor Hornbuckle explained that the report incorporates three separate developments, and the subject project will generate 150 additional dwelling units. J _L7 - Mike Korando, 582 Park Drive, Costa Mesa, stated that there are major drawbacks to the project, such as poor traffic circulation and inappropriate setbacks. He commented that he did not oppose downtown redevelop- ment, but he did oppose this type of use. Denise Curry, President of the Mesa West Homeowners Association, 1851 Parkglen Circle, Costa Mesa, objected to the height of -the project, density, and the addi- tional traffic it will generate. She was of the opinion that the City had not investigated other alternatives. Gerald McClellan, dentist, 1879 Newport Boulevard, located within the project area, stated that all the dentists at that location are in favor of the project because it will greatly enhance the downtown area. Sky Joyner, 3037 Capri Lane, Costa Mesa, spoke in favor of the project. Doug Yates, 274 Cecil Place, Costa Mesa, opposed the high density and urged Council to reject the project. Terrell Root, dentist at 1879 Newport Boulevard, gave a slide presentation of the subject property and the surrounding area, stating that it was time the City improved the site so that it will be as attractive as The Courtyards and the Pacific Federal building. Simon R. Nord, 1414 Dover Drive, Newport Beach, owner of property within the development area at 1892 and 1894 Harbor Boulevard, reported that he provided 13 parking spaces for each dentist at 300 Victoria Street, yet parking remained inadequate. He opposed the project because of insufficient parking and because there is no room for businesses to expand. RECESS The Mayor declared a recess at 8:25 p.m., and the meet- ing was reconvened at 8:35 p.m. Mola Project Gary Graham, 331 Esther Street; and Joan Bonebrake, 154 (continued) Broadway, spoke in support of the project. Jan Luymes, 592 Park Drive, Costa Mesa, opposed the project because of the additional traffic it will generate, and because she did not believe residental units should be mixed with commercial uses. Douglas Wood, consultant, 3800 Inlet Isle, Corona del Mar, representing several property owners within the the subject area, read the letter from Curtis Herberts, Sr., dated July 1, 1986, which lists reasons for his opposition to the proposed development. Mr. Wood reported that his clients are proposing that the City allow them to rehabilitate their properties at their own expense. The renovated buildings will be of the same design as The Courtyards. Jack Andrews, dentist at 1879 Newport Boulevard, spoke in support of the project, stating that it meets the needs of the City. Ed McFarland, 1697 Oahu Place, former City Council and Redevelopment Agency Member; A. Stephens Lowrie, 2046 Meyer Place; and Bill Beck, 419 Broadway, spoke in support of the project. Patricia Aynes, 2811 Loreto Avenue, Costa Mesa, opposed the project because of the height and the additional traffic it will generate. Patrick Dolan, 923 West 20th Street, Costa Mesa, stated that the City should have encouraged owners to rehabili- tate their properties by offering low-interest loans. Mr. Dolan objected to the density of the project. Dan Beegle, 221 Walnut Street, Costa Mesa, believed that high density is appropriate for the downtown area, and was of the opinion that the project would encourage pedestrian traffic. J. C. Humphries, owner of a jewelry business in The Courtyards, 1835 Newport Boulevard, reported that his former Newport Boulevard property had been condemned, and that he and his customers are extremely happy with his new location. He urged the Council to approve the Mola project because it would be an asset to all of Costa Mesa. Peter Maxson, Omar's Custom Frames, 1812 Newport Boule- vard, stated that he argued with the Council when his business was recommended for relocation; however, he now approves of the redevelopment that has taken place, and urged the Council to approve the proposed project. Zachary Pedicini, owner of property within the develop- ment area at 1884 and 1886 Harbor Boulevard, stated that the project is premature and should not be considered until after the Route 55 Freeway design has been completed. He also opposed the mixed use concept. Peggy Reinert, President of Costa Mesa Tomorrow, 1200 Nottingham Road, Costa Mesa, reported that most members of that organization are in favor of the project. Jacqueline Gillis, 448 Magnola Street, Costa Mesa, was in favor of the project, and expressed pride in the downtown redevelopment area. Jim Aynes, 2811 Loreto Avenue, Costa Mesa, commented that he liked the architecture in the area, especially The Courtyards; however, he opposed this project because of the height, the mixed use, and high density. Frank Flores, 1879 Newport Boulevard, Costa Mesa, was in favor of the development. Responding to a question from Mr. Flores, the City Attorney referred to Condition No. 44 which states that approval of the project shall be subject to acquisition of the project site by the developer; and that the Council's decision tonight does not commit the City nor the Redevelopment Agency to condemning any properties. Kurt Donat, 446 North Newport Boulevard, Suite 101, Newport Beach, representing Wells Fargo Bank (formerly Crocker Bank), mentioned some of the reasons his client does not favor the project: it would reduce the bank from owner to tenant; no offer has been made by Mola Development; there is insufficient identity for the bank; and it would cost Wells'Fargo $150,000.00 a year for temporary facilities. Mr. Donat reported that he has prepared a redesign for the bank building which is in concurrence with The Courtyards design and provides more surface parking. Deno Vaccher, Marvac Electronics, 1870 Harbor Boulevard, stated that he has offered to remodel his building per a rendering he submitted to the City and which matches the design of The Courtyards. Mr. Vaccher urged Council to deny the project. 19 Sid Soffer, 900 Arbor Street, Costa Mesa, recommended that this item be placed on the ballot for the November, 1986, election. Mr. Soffer also suggested that if Mola is unable to acquire all of the subject property, the Redevelopment Agency will acquire it by eminent domain. Don Hunter, Golden State Mobilhome Owners League, Post Office Box 876, Garden Grove, agreed with Mr. Soffer's comments. John Gardner, 1924 Holiday Road, Newport Beach, former resident of Costa Mesa, stated that he would not want the project in his neighborhood. Robert Andrews, dentist, 1879 Newport Boulevard, was pleased with the downtown rehabilitation and stated that the Mola project would be another asset to the area. Barbara Crofts, Office Manager for Marvac Electronics, 1870 Harbor Boulevard, opposed the possibility of the properties being condemned, and commented that eminent domain is to acquire land which will benefit all citizens. Paul Vaccher, 1870 Harbor Boulevard, Costa Mesa, urged Council to reject the project. Kirk Evans, Mola Development Corporation, pointed out that the project will generate less than 3,000 vehicles per day while an entirely commercial project would generate much more traffic. There being no other speakers, the Mayor closed the public hearing. Council Members Schafer, Hall, and Hertzog enumerated their many reasons for supporting the project. Council Member Wheeler opposed the PDC zoning because it is not restrictive enough, and opposed the project because of the high density. He commented that the City should get out of the commercial development business, and set its priorities on upgrading residential areas such as Shalimar Drive. Council Member Wheeler was of the opinion that eventually condemnation will be util- ized -to acquire some of the property for this project. Vice Mayor Hornbuckle-commented that the mixed use concept has been very successful in the midwest for many years. She reported that she received 11 letters at her home, all in favor of the project. The Vice Mayor stated that she liked the design and the mixed use; however, she felt the design was too urban for Costa Mesa at this time. MOTION A motion was made by Council Member Hall, seconded by Ordinance 86-17 Council Member Schafer, to give first reading to Ordi- Given First nance 86-17, being AN ORDINANCE OF THE CITY COUNCIL Reading OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY BORDERED BY 19TH STREET, HARBOR BOULEVARD, AND NEWPORT BOULEVARD, FROM C2 TO PDC, and to delay second reading and adoption until individual lots within the project boundaries are combined through a parcel map or a tract map. The motion 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 Council PA -86-91 Member Schafer, Planning Action PA -86-91 was approved Approved based on the analysis and findings of staff, and sub- ject to conditions contained in the Staff Report with the following modifications: Modify Condition No. 36 to read: "Pay fees for traffic mitigation prior to the issuance of build- ing permits; fees shall be based on the estimated trip forecast indicated in the EIR as $58.00 per trip, subject to adjustment for future needs." Add Condition No. 44: "Approval of Planning Action PA -86-91 shall be subject to the acquisition of the project site by the developer." The motion carried 3-2, Council Members Hornbuckle and Wheeler voting no. RECESS The Mayor declared a recess at 10:55 p.m., and the meeting was reconvened at 11:10 p.m. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of PA -86-81 appeal of the Planning Commission's denial of Planning Cloer/Shih Action PA -86-81 from Walter Cloer, authorized agent for Kermin Shih, for a variance from screening requirements in conjunction with the legalization of an existing satellite dish at 1951 Newport Boulevard in a C2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communica- tions have been received. The Senior Planner referred to staff's memorandum of July 2, 1986, and pointed out that although the dish is screened from Newport Boulevard by the motel build- ing, the dish is highly visible from the residential area to the east of the site. Staff has recommended that Council uphold the Planning Commission's denial; to direct the applicant to relocate the satellite dish elsewhere on site or to the head of the parking spaces; and to screen the dish and obtain a building permit within 30 days of Council action or remove the dish. Sid Soffer, 900 Arbor Street, Costa Mesa, mentioned that he heard there was a Federal law which may overrule the City's ordinance. Council Member Hall suggested continuing this item for 180 days for further investigation of existing laws. MOTION A motion was made by Council Member Hall, seconded by Held Over Council Member Wheeler, and carried 5-0, to continue Planning Action PA -86-81 to the meeting of January 5, 1987, so that staff can review the Federal law and the City's ordinance. MOTION On motion by Council Member Hall, seconded by Council Referred to Member Wheeler, and carried 5-0, this item was referred Study Session to the first available Study Session. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of PA -86-82 appeal of the Planning Commission's denial of Planning Atkinson Action PA -86-82 from Katherine A. Atkinson, for a park- ing variance to legalize the conversion of a two -car attached garage into storage area for a single-family residence which is used as a board and care home, i located at 3264 Colorado Lane in an R1 zone. Environ- mental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A communication has been received from J. D. Property Management, Post Office Box 1230, Costa Mesa, opposing the application. The Senior Planner summarized staff's memorandum of July 1, 1986. Denial was based upon findings that approval of the variance could adversely impact on - street parking, and could be considered a grant of special privilege as no exceptional circumstances exist. Staff is of the opinion that variances should be approved only if special circumstances exist due to a site hardship caused by a property's unusual size, shape, topography, or location. Such special circum- stances do not exist. Staff has recommended that Council uphold the Planning Commission's denial; and to direct the appellant to remove all interior improvements within the garage within 30 days of Council action. In responding to a question from Vice Mayor Hornbuckle, the Senior Planner stated that if the Council directs the appellant to remove the partitions, the City ordi- nance does not prohibit the continued use of the garage as a storage area. Katherine Atkinson reported that she has been licensed for board and care for one year, and the only area she has available for storage is the garage. She explained that since there is sufficient space on the driveway to park two vehicles, and there are no more than six visitors per week, on -street parking is not adversely impacted. Ms. Atkinson also mentioned that there has been no opposition from the neighbors. Marylou Carlyle, 3269 Colorado Lane, and Jean Achtien, 3241 Colorado Lane, spoke in support of the request. They both indicated that there are no parking problems on Colorado Lane. Sid Soffer, 900 Arbor Street, favored approval of the application. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hall, seconded by PA -86-82 Mayor Hertzog, to approve Planning Action PA -86-82 based Approved on the findings that approval will not adversely impact the subject and surrounding properties, that special circumstances do exist at this property, and subject to all conditions contained in the Staff Report. Council Member Schafer asked for an explanation of the special circumstances. Council Member Hall responded that special circumstances exist because it is important that the elderly in the community have proper care, and a single-family residence is an excellent environment for them. Council Member Wheeler opposed approval because he felt there are no special circumstances due to site hardship caused by the property's size, shape, topography, or location. Mayor Hertzog contended that the City cannot prevent people from using garages as storage areas, in fact, most people do use garages for storage rather than for parking their vehicles. Motion Amended At the request of the Mayor, Council Member Hall amended and Carried his motion by adding the following conditions: Condition No. 4: "The garage shall be used for stor- age of supplies or vehicles, not for habitation." Condition No. 5: "The garage shall be returned to its original state when the property is sold." The amended motion was seconded by Mayor Hertzog, and carried 3-2, Council Members Schafer and Wheeler voting no. NEW BUSINESS The Clerk presented a request from Carl Bureman, College Block Walls in Park Homeowners Association, 461 Swarthmore Lane, Costa College Park Mesa, concerning construction of block walls in the College Park area. In his memorandum of July 3, 1986, the City Manager listed some of the criteria which should be considered if the Council is interested in creating a program for construction of block walls. The City Manager recommended that the College Park Homeowners Association take the lead in contacting the various homeowner associations and others in the community so that together they can draft criteria for a program. MOTION A motion was made'by Vice Mayor Hornbuckle, seconded Directed Homeowners by Council Member Schafer, and carried 5-0, approving to Draft Criteria the City Manager's recommendation, and directing the Mayor to write to the College Park Homeowners Associa- tion advising them of this action. Marie Maples, 461 Swarthmore Lane, agreed to contact other homeowner associations. Funding for Costa The Clerk presented a letter from the Costa Mesa High Mesa High School School Aquatics Booster Club, 2650 Fairview Road, Costa Water Polo Team Mesa, requesting a City contribution to the Water Polo Team for participation in the AAU/USA Junior Olympic Games, August 3-10, 1986, in St. Louis, Missouri. Rex Tompkins, Vice President, Ways and Means, Aquatics Booster Club, was present to answer questions from the Council. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he would prefer that the City donate to this activity rather than such organizations as South Coast Repertory Theatre. During discussion, each Council Member and Mr. Soffer donated funds to the water polo team. MOTION On motion by Council Member Schafer, seconded by Council Funds Member Wheeler, and carried 5-0, authorization was given Authorized for the City to contribute $1,000.00 to the team for participation in the Junior Olympic Games. COUNCILMANIC A motion was made by Vice Mayor Hornbuckle, seconded by COMMENTS Council Member Wheeler, and carried 5-0, to place on the MOTION July 21 Council Agenda, a request from the City of San Scheduled Offshore Diego (contained in the Reading Folder for this meet - Oil Drilling for ing) for a ballot initiative concerning offshore oil July 21, 1986 drilling. Child Care Program A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Hall, requesting a survey of other cities to see what they are doing about child care. MOTION During discussion, the City Manager mentioned that there Survey Authorized is a member of the staff working with the Child Care Committee and that the survey could be done by staff and the committee. Council Member Schafer recommended that the League of Cities be contacted to obtain any information it may have on this subject. The motion carried 5-0. Fire Department Mayor Hertzog commended the Costa Mesa Fire Department Commended for their excellent work in extinguishing the oil truck fire at 19th Street and Newport Boulevard. ADJOURNMENT TO At 12:05 a.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room to discuss Meet and Confer. After discussion, the Council returned to the Chambers. ADJOURNMENT The Mayor declared the meeting adjourned at 1:05 a.m. Mayo of the City o Mesa ATTEST: YLI City Clerk of the City of Costa sa X03