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HomeMy WebLinkAbout11/18/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL . CITY OF COSTA MESA NOVEMBER 18, 1991 The City Council of the City of Costa Mesa, California, met in regular session November 18, 1991, 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 Cliff Rapp, Orange Coast Free Methodist Church. ROLL.CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council Member Jay Humphrey Council Member Joe Erickson Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris City Clerk Eileen Phinney INTRODUCTION Mayor Hornbuckle introduced Mary Lou Histed, Executive Assistant to Orange County Supervisor Harriett Wieder, 2nd District. MINUTES On motion by Council Member Buffa, seconded by Council October 28 and Member Erickson, and carried 5-0, the minutes of the November 4, 1991 special meeting of October 28, 1991, and the regular meeting of November 4, 1991, were approved as distrib- uted. ORDINANCES A motion was made by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, to read all ordi- nances by title only. RECOGNITION Mayor Hornbuckle introduced Captain Dave Brooks who in Costa Mesa Police turn introduced officers from the Driving Under the DUI Team Influence Team, DUI, who received awards from the Mothers Against Drunk Drivers, MADD, at their annual recognition dinner: Officers Mike Cohen, George Rose, and Barry Schleider, and Officers Bill Ellwood, Mike Zangger, and Angelo Morgan, who were not in attendance. Captain Brooks also introduced Lieutenant Alan Kent, supervisor of the Traffic Bureau. ORAL Tony Petros, 2135 Iris Place, Costa Mesa, requested the COMMUNICATIONS status of the recycling program in Costa Mesa, and the Director of Public Services stated the Sanitary District Recycling Program administers this program and to date the recovery rate has been very good. Trash Left on Jim Charlesworth, 1578 Elm Avenue, Costa Mesa, complained Property about flyers and trash being left on his property, and the City Manager stated he would research this issue; however, he did believe it was a civil matter. Golf Course Howard Minder, 432 East 18th Street, Costa Mesa, asked Operation for the status of the new golf course operation, and the City Manager reported on the two actions requested by Council: (1) preparation of the request for pro- posals which is currently in progress, and (2) the transition plan regarding the golf course employee options which will be brought back to Council by mid to late -January. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, commended the students who attend City Council meetings for taking an interest in civic government. He spoke about the on-going battle between Chester Gamboni and Pat Dolan. And finally, he stated there should be a method of bundling trash separately to expedite recycling. Suggested Ordinance Ed Fairfield, 1104 Ridgecrest Circle, Costa Mesa, sug- gested the City adopt an ordinance to prevent people from passing out condoms and explicit related material to children. CONSENT CALENDAR The following Consent Calendar items were removed from the agenda, and no action is to be taken at this time: Item 2, Curci-England Company, c/o Transpacific Devel- opment Company, 2377 Crenshaw Boulevard, Suite 300, Torrance, authorized agent for Sakioka Farms, 14850 Sunflower Avenue, Santa Ana, for property located in the 500 block of Anton Boulevard in a PDC zone: (a) EIR 1042; (b) General Plan Amendment GP -90 -02C -A, to allow a maximum building intensity of 1.49 million square feet of office, retail, restaurant, and health club uses; 600 residential apartment units, and a 5,000 -square -foot child care center in buildings rang- ing in height from 1-20 stories, on a 47 -acre site; and (c) Planning Action PA -91-72 for final development plan for the 47 -acre South Coast Metro Center site: 1.49 million square feet of office/commercial uses, 600 residential units and a 5,000 -square -foot child care facility with variance from perimeter landscape set- back (25 feet required; 0-15 feet proposed), a Condi- tional Use Permit for reduction in shared parking (due to offset hours of operation). Item 11, Final Map for Tract 14450, James D. Young, developer, 31 Argonaut, Aliso Viejo; 2 lots, 0.765 - acre, located at 182 and 186 Albert Place, and 185 and 189 23rd Street, for condominium purposes. The following items were removed from the Consent Calen- dar: Item 4, Contract award for modernization of eleva- tors; Item 5, Contract award for construction of speed humps; and Item 7, Agreement with City of Newport Beach for pedestrian safety review, and Budget Adjustment No. 92-18. On motion by Council Member Humphrey, seconded by Vice Mayor Genis, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None READING FOLDER On motion by Council Member Humphrey, seconded by Vice Mayor Genis, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Tanya Carter; Richard Cundiff; Laurie Jo Gilbert; Anne Marie J. Kanka; Julie LaFleur-Maute; Felipa Martinez; Klaus Straschil; Cynthia Surbel; Owen Thomas; Manuel, Dolores, and Elana Vega; and Ben Vitale. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: George A. Gallardo, Licenses Martin J. and Vera L. Gross, Felisberto V. Melesko, doing business as Mucho Gusto, 263 East 17th Street; and Fernando and Gerlinde Navarretta, doing business as Scampi, 1576 Newport Boulevard. WARRANTS On motion by Council Member Humphrey, seconded by Vice Mayor Genis, Warrant Resolution 1507, including Payroll MOTION 9123, was approved by the following roll call vote: Warrant 1507 AYES: Hornbuckle, Genis, Buffa, Approved Humphrey, Erickson NOES: None ABSENT: None ADMINISTRATIVE On motion by Council Member Humphrey, seconded by Vice ACTIONS Mayor Genis, Budget Adjustment 92-15 for $20,000.00, Budget Adjustment for the Cadillac Avenue Bike Trail, was approved by the 92-15, Cadillac following roll call vote: Avenue Bike'Trail AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson MOTION NOES: None Adjustment Approved ABSENT: None Purchase of Cross The Police Chief recommended purchase of a cross train - Trainable Canine/ able canine for $6,700.00, from Asset Forfeiture Funds, Sale of Retired including training of a handler, and sale of retired Canine Police canine, Nico, to his handler for $1.00. On Joint Powers motion by Council Member Humphrey, seconded by Vice MOTION Mayor Genis, the purchase of a replacement canine and Purchase and sale of Nico were approved by the following roll call Sale Approved vote: AYES: Hornbuckle, Genis, Buffa, MOTION Humphrey, Erickson Agreement Approved NOES: None ABSENT: None Measure M Super On motion by Council Member Humphrey, seconded by Vice Street Funds Mayor Genis, Resolution 91-84, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO SUBMIT MOTION A GRANT APPLICATION FOR MEASURE M SUPER STREET FUNDS, Resolution 91-84 was adopted by the following roll call vote: Adopted AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None San Joaquin Hills On motion by Council Member Humphrey, seconded by Vice Transportation Mayor Genis, Resolution 91-85, A RESOLUTION OF THE CITY Corridor Agency COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE JOINT POWER AGREEMENT OF THE SAN MOTION JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY, was Resolution 91-85 adopted by the following roll call vote: Adopted AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Agreement The Police Chief recommended approval of an agreement Allan Consulting with the cities of Costa Mesa and Huntington Beach, Group Orange County Sheriff's Department, and Allan Consulting Group, 4790 Irvine Boulevard, Suite 105, Irvine, to Joint Powers assist in forming a Joint Powers Association for heli - Association for copter operations for $27,000.00 ($9,000.00 to be paid Helicopter by the City of Costa Mesa). On motion by Council Member Operations Humphrey, seconded by Vice Mayor Genis, the agreement was approved, and the Police Chief was authorized to MOTION sign on behalf of the City. .The motion carried by the Agreement Approved following roll call vote: Budget Adjustment 92-19, Profes- sional Services MOTION Adjustment Approved Modernization of Elevators Project No. 91-10 AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None On motion by Council Member Humphrey, seconded by Vice Mayor Genis, Budget Adjustment 92-19 for $9,000.00, for professional services for the helicopter contract, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Item 4 on the Consent Calendar was presented: Moderni- zation of Two Passenger Elevators, Project No. 91-10. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned which elevators were being modernized, and the Mayor responded the elevators located in the lobby of the Civic Center. The Director of Public Services stated the contract called for complete replacement of all existing elevator controls. MOTION On motion by Council Member Humphrey, seconded by Awarded to Council Member Erickson, the contract was awarded to Montgomery Elevator Montgomery Elevator Company, 18001 Sky Park South, Suite E, Irvine, for $155,874.00. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Speed Humps on East Item 5 on the Consent Calendar was presented: Construc- 16th Street/El tion of Speed Humps on East 16th Street and El Camino Camino Drive Drive, Project No. 91-11. Project No. 91-11 Sid Soffer, 900 Arbor Street, Costa Mesa, stated he felt the cost for this project was high, and he questioned the purpose of installing the speed humps. The Director of Public Services reported that speed humps have been determined to lower the rate of speed significantly. MOTION On motion by Council Member Erickson, seconded by Awarded to Council Member Humphrey, the contract was awarded to Sully -Miller Sully Miller Contracting Company, 6145 Santiago Canyon Contracting Road, Orange, for $16,386.99. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Agreement Item 7 on the Consent Calendar was presented: Partici- City of Newport pation with City of Newport Beach in placement of mast - Beach arm -mounted flashing yellow school -zone beacons on Irvine Avenue at 18th Street/Mariners Drive, including Pedestrian Safety installation of pavement legends for the school zone, Review, Irvine , and modification of the existing pedestrian crossing Avenue at prohibition; and Budget Adjustment No. 92-18 for 18th Street $12,500.00. The City Manager pointed out that in addition to the recommendation as noted in the Agenda Report, it was requested that Council authorize the Mayor to sign the agreement between the Cities of Costa Mesa and Newport Beach. MOTION A motion was made by Council Member Erickson, seconded Agreement Approved by Council Member Humphrey, to approve the agreement, to authorize the Mayor and City Clerk to sign on behalf of the City, and to approve Budget Adjustment No. 92-18 for $12,500.00. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None PUBLIC HEARING The City Clerk announced that this was the time and R-90-03 place set for the public hearing to consider Rezone Hall/Bear Terrace Petition R-90-03, Donn Hall, 930 West 16th Street, Suite Associates E-2, Costa Mesa, authorized agent for Bear Terrace Asso- ciates, 700 South Flower Street, Suite 1428, Los Angeles, to change the zoning at 2881-2891 Bear Street from R3 to R4. Ordinance 91-2 was given first reading on February 4, 1991. The Affidavit of Mailing is on file in the City Clerk's office. Communications were received from Ed and Geraldine Evans, 2838 Drake Avenue, Costa Mesa, expressing opposition to the rezone; and Katsuo Yoshimoto, Bear Terrace Associates, 700 South Flower Street, Suite 1428, Los Angeles, requesting a 60 - day continuance. The Deputy City Manager/Development Services stated the applicant's agent to date has not submitted a revised or final development plan or lot line adjustment map to consolidate the parcels, and there does not seem to be any progress towards the second reading and the actual zone change. Steven Ishisaka, Chief Finance Officer, Bear Terrace Associates, stated that financing has been obtained which will allow them to proceed with the project and complete the aforementioned requirements. Responding to a question from the Mayor, the City Attor- ney noted that Council did have the authority to deny the continuance but recommended findings be included concerning the delay by the applicant, that is that they have done nothing for almost an entire year and that good cause has not been shown for a continuance. Sid Soffer, 900 Arbor Street, Costa Mesa, commiserated on the problems of obtaining financing for this type of project. Debbie Smith, 2858 Drake Avenue, Costa Mesa, said she had appeared several times to speak regarding the park- ing problems, traffic, and general congestion that would be created by the approval of this project. None Snow, 2746 San Juan Lane, Costa Mesa, representing the Mesa Del Mar Homeowners Association, spoke in opposition to the proposed zone change. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Humphrey, seconded by Continuance Denied Council Member Erickson, and carried 4-1, Council Member Buffa voting no, the continuance was denied, based on the findings that no good cause was found for a continu- ance and the applicant has not kept the City apprised of his progress. Vice Mayor Genis stated that to support the continuance could cause the applicant to needlessly expend additional h®4 funds and additional efforts which ultimately would go for naught, and rather than encourage him, she felt it best to provide a motion for the applicant that would allow him to make the most efficient use of his own resources. Council Member Buffa stated he did not support the motion to deny the continuance because there is a long precedent on the Council of granting continuances unless there is an extremely compelling reason. MOTION On motion by Council Member Humphrey, seconded by Second Reading of Council Member Erickson, and carried 5-0, second reading Ordinance 91-2 of Ordinance 91-2 was denied, based on the same findings Denied stated in the previous motion. Vice Mayor Genis stated she would like to add reasons she gave at the Council meeting of February 4, 1991, which are in the public record. PUBLIC HEARING The City Clerk announced that this was the time and Appeal of PA -91-95 place set for the public hearing to consider an appeal Herrick of the Planning Commission's denial of Planning Action PA -91-95 from Paul Herrick, 2446 Elden Avenue, Apt. Al, Costa Mesa, for a variance from guest parking require- ments (2 spaces required; 0 spaces proposed) for a 3 -unit residential -project approved as apartments under Development Review DR -91-39, and to allow consideration of conversion to condominiums, located at 241 Rochester Street in an R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the City Clerk's office. No communications were received. Mr. Herrick stated it was his desire for Council to hear the request this evening as there are precedents for an affirmative decision. The Deputy City Manager/Development Services summarized the Agenda Report dated November 12; 1991, stating that if the variance from guest parking requirements is granted, the applicant could then proceed with a use permit for conversion to condominiums. Discussion ensued regarding the open space and parking requirements for this project. Tom Burger, architect for the project, 17752 Mitchell, Irvine, stated that the design of the project conforms to existing requirements for condominiums. He read a prepared statement which pointed out that it is not necessary to obtain this variance in order to proceed with the project, and he explained the currently pro- posed location for guest parking as illustrated on the new site plan. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the difference in parking requirements for rental units as opposed to condominiums. He also suggested alterna- tives to a variance, such as waiver of parking require- ments or modification of requirements. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by Approval Failed Mayor Hornbuckle, to approve the request, thereby over - to Carry turning the Planning Commission's denial of Planning Action PA -91-95, based on the finding in staff's Octo- ber 28, 1991, report to the Planning Commission, "The information presented substantially complies with Sec- tion 13-346 of the Costa Mesa Municipal Code in that special circumstances applicable to the property exist to justify granting of the Variance from guest parking requirements. Specifically, the project is designed to be single-family in nature, with adequate area in front of each garage to allow parking of two cars. Strict application of the zoning ordinance would deprive the property owner of privileges enjoyed by owners of other property in the vicinity under identical zoning classi- fication. Granting of the Variance will not allow a use, density, or intensity which is not in accordance with the General Plan designation for the property." The motion to approve failed to carry 3-2, Council Members Genis, Humphrey, and Erickson voting no; therefore denial by the Planning Commission was upheld. Council Member Buffa stated he felt the project was well designed and a good example of detached single-family housing on small lots. The City Attorney stated that the applicant cannot proceed to obtain a condominium conversion at this time. Motion Withdrawn A motion was made by Council Member Humphrey, seconded by Council Member Erickson,.to waive the fees if the applicant should decide to reapply under the small -lot subdivision ordinance. The City. Attorney stated that in the future, other fees may be applicable to the project under the.new.ordinance which may have other review criteria. Council Member Humphrey withdrew the motion. OLD BUSINESS The City Clerk presented from the meeting of November 4, Ordinance 91-21 1991, Ordinance 91-21 for second reading and adoption. Walls and Fences The ordinance regulates the height and design of walls and fences. The Deputy City Manager/Development Services reported that since there had been no significant additions or changes to the proposed ordinance, adoption is recom- mended at this time. MOTION On motion by Council Member Buffa, seconded by Council Ordinance 91-27 Member Erickson, Ordinance 91-27, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13-128(5), 13-142(1), 13-235(1), AND 13-420(h) OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGULATING THE HEIGHT AND DESIGN OF WALLS AND FENCES, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented Ordinance 91-28 for second R-91-05 reading and adoption. The ordinance rezones property Bofferding/Margolin at 1941 Church Street to C2 in conjunction with Rezone Petition R-91-05, Bofferding/Margolin. The City Attorney summarized his Report No. 91-69 dated November 5, 1991, and recommended adding a density limi- tation restriction to the zone change. MOTION On -motion by Council Member Erickson, seconded by Ordinance 91-28 Council Member Humphrey, Ordinance 91-28, AN ORDINANCE Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING OF PROPERTY AT 1941 CHURCH STREET FROM R2 TO C2, amending Page 1, Section 2, to add: "The area described in Section 1 hereof is further restricted by a FAR not to exceed .45; provided, how- ever, that such FAR shall not be more restrictive than the FAR established by the General Plan as amended," was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented a request for rehearing of PA -91-88 Planning Action PA -91-88 from Rudy Mariman Trust, Rudy Mariman A. Mariman, Trustee, 341 Bayside Drive, Suite No. 3, Newport Beach, for a Conditional Use Permit to convert a 25 -unit apartment project to condominiums, with vari- ances from open space requirements (40 percent required; 37 percent proposed); and guest parking and parking dimension requirements (13 standard -size guest spaces required; 8 standard and 3 compact spaces proposed), located at 2111 Doctors Circle and 2110 Thurin Avenue in an R3 zone. Environmental Determination: Exempt. Council denied the application on November 4, 1991. A communication was received from Rudy A. Mariman requesting continuance to allow time to prepare engi- neering site plans. Rudy A. Mariman submitted a revised plan to the Deputy City Manager/Development Services who stated that there are sufficient changes to warrant resubmission to the Planning Commission. MOTION On motion by Council Member Buffa, seconded by Vice Referred Back to Mayor Genis, and carried 5-0, this item was referred Planning Commission back to the Planning Commission for review of the revised plans. NEW BUSINESS The City Clerk presented a resolution requesting the Study to Delete County of Orange to conduct the required studies to 19th Street/Banning delete the 19th Street/Banning Bridge and Gisler/Gar- Bridge and Gisler/ field Bridge Projects from the Master Plan of Arterial Garfield Bridge Highways. Projects The City Manager summarized the Agenda Report dated November 18, 1991, which outlines the process involved 'in requesting an amendment to the Master Plan of Arterial Highways. Council Member Erickson gave an overview of his reasons for support of the deletion of the proposed projects. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if a public vote could stop the widening and construction of a bridge on 19th Street. The City Manager gave a nega- tive response indicating that even if there were a vote, the same rules would apply. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, expressed thanks to the Council for establishing the citizen's interaction committee, and he acknowledged his support of the resolution., Nancy Palme, 1997 Kornat Drive, Costa Mesa, stated that participating in the bridge study group has been a tremendous education. Don Osterlund, 329 East 19th Street, Costa Mesa, also thanked Council Members for the meetings that were held regarding this issue, and he urged support of the pro- posed resolution. a �..07 MOTION On motion by Council Member Erickson, seconded by Resolution 91-86 Council Member Humphrey, Resolution 91-86, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, REQUESTING THE COUNTY OF ORANGE TO INITIATE SEVERAL COOPERATIVE STUDIES TO DOWNGRADE THE MASTER PLAN OF ARTERIAL HIGHWAYS, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Council Members Buffa and Genis expressed interest in alternatives to the bridges such as connections north of the 405 Freeway, and the City Manager confirmed that the proposed study would be examining this option. Mayor Hornbuckle asked the City Manager to contact Orange County Supervisor Harriett Wieder's office to advise them of the date and time of the next committee meeting on this issue. CITY MANAGER The City Manager requested that Council Members bring REPORT calendars to the adjourned special meeting on Wednesday, General Plan November 20, 1991, so dates of future General Plan hear - Meetings ings can be determined. COUNCIL MEMBERS Council Member Erickson mentioned the many signs and COMMENTS posters in evidence throughout the City, and he asked Signs and Posters that staff check into this matter. Welcome to Harriett Council Member Buffa,mentioned the Orange County Super - Wieder visorial boundry reapportionment and welcomed Harriett Wieder as one of the City's new supervisors. Curb Cuts Vice Mayor commented on the amount of curb cuts on the streets which eliminates on -street parking. Election by Mayor Hornbuckle stated that the issue of election by Districts districts could be discussed at a public forum,.perhaps in March at the end of the General Plan meetings. ADJOURNMENT The Mayor declared the meeting adjourned at 9:10 p.m. 11 Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Cost Mesa