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HomeMy WebLinkAbout03/16/1992 - City Council240 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MARCH 16, 1992 The City Council of the City of Costa Mesa, California, .met in regular. session March 16, 1992, 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 Lothar. Tornow, Christ iLutheran 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: Officials Present: None 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 MINUTES On motion by Council Member. Buffa, seconded by Council February 27, Member. Humphrey, and carried 5-0, the minutes of the March 2, and special meeting of February 27, 1992, the regular. meet- March eetMarch 9, 1992 ing of March 2, 1992, and the special meeting of March 9, 1992, were approved as distributed. ORDINANCES A motion was made by Council Member. Buffa, seconded by Council Member. Erickson, and carried 5-0, to read all ordinances by title only. PROCLAMATIONS Mayor. Hornbuckle declared the month of March as "Red "Red Cross Month" Cross Month" in honor. of 129 years of humanitarian service. "Week of the Mayor. Hornbuckle read a proclamation declaring the week Young Child" of April 4 through 10, 1992, as "Week of the Young Child", and presented the document to John-LeVere, Patti Smith, and Gay Geiser. -Sandoval, who -accepted on behalf of the Child Care Committee. PRESENTATION Students from the Paularino School DARE Class and their. Paularino School teacher., Judy Riley, gave a musical presentation on the DARE Class DARE Program. Lieutenant John Fitzpatrick and Senior. Police Officer. Darlene Bell were in attendance represen- ting the Costa Mesa Police Department. ANNOUNCEMENTS The Mayor announced that the following items would be taken out of order to be discussed immediately after. the Consent Calendar.: New Business 1, request from Orange Coast College for street closures for. the Annual 5K Run/Walk; and New Business 2, request from Costa Mesa -Newport Harbor. Lions Club for staff support, street closures, banners, and insurance waiver for its annual Fish Fry Parade and Carnival. The Mayor announced that the public comment portion of the public hearing on the General Plan had been closed at a previous meeting, and any related comments should be made under. Oral Communications. 7 L C ,a 241 ORAL COMMUNICATIONS Dale Karjala, 3185-C Airway Avenue, Costa Mesa, spoke Koll-Irvine Lawsuit regarding the fuel tanks at John Wayne Airport, and he urged support of their lawsuit against the County of Orange, Orange County Superior. Court Case No. 87-92-53. General Plan George Sakioka, Sakioka Fauns, 14850 Sunflower. Avenue, Costa Mesa, addressed the General Plan commenting that as landowners in the north end of Costa Mesa their. Floor. Area Ratio (FAR) will be cut in half due to traffic considerations thereby destroying the economic viability of future projects. Malcolm Ross, representing C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, expressed concern regarding the additional expansion space at South Coast Plaza, specifically the 250,000 square feet above and beyond the 0.60 FAR, indicating that the expansion would not impact surrounding intersections. Bob Break, Latham and Watkins, Attorneys at Law, 650 Town Center. Drive, 20th Floor, Costa Mesa, representing the Newport Mesa Unified School District, spoke regard- ing the Bear. Street School site surplus property, and requested that the Low Density Residential land use designation be retained. He emphasized that: (1) this request is supported by Government Code Section 65852.9, which states the intent to ensure that unused school sites can be developed to the same extent as permitted on adjacent property; (2) the zoning of said property must remain the same to avoid unnecessary costs and delays to the school district; and (3) we continue to submit that the surrounding property for. the Bear. Street site is largely residential; we can debate the inten- sity, but it is certainly residential, and a Low Density Residential designation is currently handled on the site; it is perfectly satisfactory to the District. Roy Pizarek, 1923 Whittier. Street, Costa Mesa, commented on the success of Canyon Park. He recommended that the 19th Street Transition Zone be changed to a use as recommended in the RUDAT (Regional Urban Design Assis- tance Team) Study. Tom Sutro, 2956 Pemba Drive, Costa Mesa, President, Newport -Mesa Association of Realtors, read a letter concerning the changes in density levels for parcels greater. than Rl, stating that private property rights will be compromised. He recommended that the density change portion of the General Plan be pulled and consid- ered separately. Herbert Smith, representing Southern California College, 55 Fair. Drive, Costa Mesa, spoke regarding the proposed .25 FAR stating it was unacceptable for short and long term uses of property and would jeopardize operation of the college on this property. He requested that the City consider the concept of an Urban Civic Center. Commercial zone for the college and City properties. Colm Macken, Vice President, Transpacific Development Company, 2377 Crenshaw Boulevard, Torrance, stated that regarding the South Coast Metro Center located at the corner. of Anton Boulevard and Avenue of the Arts, a sketch had been submitted showing a proposed park of approximately 2.85 acres and the remaining acreage if developed to 35 dwelling units per acre would account for. 540 residential units. 1 Fritz Muders, 940 West 19th Street, Costa Mesa, stated lie lived in the Harbor Vista Homes, the area is not an industrial area, and most people on 19th Street would like it to remain as it is. Ken Hutchins, 340 Costa Mesa Street, Costa Mesa, stated that he owns the property at the corner of Victoria Street and Pomona Avenue and had planned to build three units, but under the new General Plan will only be allowed to build two. He recommended giving the Plan- ning Commission authorization to look at projects on a case-by-case basis so they can determine if there are exceptions. Larry Weichman, Vice President of Safeguard Investments, 1565 Scenic Avenue, Costa Mesa, spoke about numerous investors who could potentially lose millions of dollars in property valuation if the General Plan is approved. He noted a similar case in South Carolina which is now being reviewed by the United States Supreme Court. He recommended postponing the vote on the General Plan and consider a more workable solution that will limit the liability to the City. Mike Steiner., 1560 Superior. Avenue, Costa Mesa, stated he was not aware of the proposed zoning changes, and he suggested not making a decision until alternatives are considered, such as increasing open space and parking requirements. Don Ward, no address given, requested that Council reconsider the downgrading of property and adoption of the General Plan because of the citizens who are unaware of the proposed changes. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, stated he believes the General Plan has had a fair hear- ing and should not be amended by granting exceptions at this point. Regarding Country Club Drive, he commented that it is not clear whether. the Collector designation will be changed to Commuter. Highway. Carey Ward, 126 East 19th Street, Costa Mesa, stated that he is opposed to the General Plan as proposed as citizens would be impacted by a general density reduc- tion of 20 percent. He suggested there be further discussion before adoption. Soffer. Comments Sid Soffer., 900 Arbor. Street, Costa Mesa, pointed out that the piano which was used for a previous presenta- tion was situated in the aisle of the Chambers and was blocking the fire exit which placed the City in viola- tion of the State Fire Code; the room was previously overoccupied which is also a hazard; and announced that he would go to the Fire Department to verify that these are violations. He then spoke about the rounding up practice as it applied to his property on Bernard Street, and he requested answers to the following questions: (1) are City policies as defined by staff enforceable as law, and (2) what authority does the City Attorney's office have for filing criminal or civil complaints against citizens without the direction of the City Council. Mayor. Hornbuckle directed the City Attor- ney to respond. RECESS The Mayor declared a recess at 7:45 p.m., and the meet- ing reconvened at 8:00 p.m. 1 CONSENT CALENDAR The following items were removed from the Consent Calen- dar.: Item 6, Resolutions providing authorization to apply for Measure "M" regional funds in accordance with the Combined Transportation Funding Program. On motion by Council Member. Buffa, seconded by Council Member. Erickson, 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, Buffa, seconded by Council Member Erickson, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Michael and Christi Baldwin; Cesar. Carbajal; Helen Cowley; Craig and Eileen Hoss; Gregory Howell and American Cosmetic Manufacturing Labs, Incorporated, dba Island Trader.; Victor. J. Ordaz; Stephen and Deborah Scherfee, and Greg Walloch; and Paul and Juliet Simon. Adequate Funding Resolution from the City of Galt, urging the Governor. for. Alcoholic to restore adequate funding to the State Department Beverage Control of Alcoholic Beverage Control. Public Notice from the California Public Utilities Commission Utilities advising that Southern California Edison Company has Commission filed Application No. 90-12-018 regarding increased electrical rates. SET FOR PUBLIC On motion by Council Member. Buffa, seconded by Council HEARING Member. Erickson, Resolution 92-12, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Weed Abatement DETERMINING AND DECLARING THAT RUBBISH AND WEEDS ARE A Program PUBLIC NUISANCE; DIRECTING THE FIRE CHIEF OR HIS DESIG- NEE TO REMOVE SAID RUBBISH AND DESTROY SAID WEEDS AS MOTION REQUIRED BY LAW; FIXING THE TIME FOR HEARING ALL OBJEC- Resolution 92-12 TIONS OR PROTESTS; AND DIRECTING THE ABATEMENT OF SAID Adopted; Hearing RUBBISH AND WEEDS, setting a public hearing for. April 6, Set for. April 6, 1992, at 6:30 p.m., in the Council Chambers of City 1992 Hall, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None WARRANTS On motion by Council Member. Buffa, seconded by Council Member. Erickson, Warrant Resolution 1515, including Pay - MOTION roll 9205, was approved by the following roll call vote: Warrant 1515 AYES: Hornbuckle, Genis, Buffa, Approved Humphrey, Erickson NOES: None ABSENT: None ADMINISTRATIVE The Director. of Public Services recommended approval of ACTIONS an agreement with Computer. Service Company, 2230 East Agreement with Orangethorpe Avenue, Fullerton, for. $55,000.00, to pr.o- Computer. Service vide interim traffic signal maintenance for six months. Company On motion by Council Member. Buffa, seconded by Council Member. Erickson, the City Manager's approval of the Traffic Signal agreement was ratified by the following roll call vote: Maintenance AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson MOTION NOES: None Agreement Approved ABSENT: None -il 2.44 Agreement with Bank of America Banking Services MOTION Agreement Approved Change Order. "B" to BSI Consul- tants Contract Design of Intersection Signal Improvements MOTION Change Order. Approved Finance Depart- ment Records Destruction MOTION Resolution 92-13 Adopted Measure "M" Regional Funds MOTION Resolutions 92-14 through 92-25 Adopted ;The Finance Director recommended approval of an agree- ment with Bank of America, Regional Commercial Banking Office, 3233 Park Center. Drive, Fifth Floor., Costa Mesa, to provide banking services to the City of Costa Mesa.- On esa.On motion by Council Member. Buffa, seconded by Council Member. Erickson, the agreement was approved, and the Mayor. and City Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None The Public Services Director recommended approval of Change Order. "B" for. $1,500.00 to the contract with BSI Consultants, Incorporated, 2001 East 1st Street, Santa Ana, for design of intersection signal improvements on Placentia Avenue at the City Corporation Yard and Estancia High School. On motion by Council Member. Buffa, seconded by Council Member. Erickson, the change order was approved,by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None On motion by Council Member. Buffa, seconded by Council Member. Erickson, Resolution 92-13, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPART- MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson j NOES: None ABSENT: None Item 6 on the Consent Calendar, was presented: Twelve resolutions providing authorization to apply for. Measure "M" regional funds in accordance with the Combined Transportation Funding Program. Vice Mayor. Genis stated that she did not believe that all listed intersections were consistent with the spirit of Measure "M" in that none of the intersections to be improved should be those which would otherwise be funded with developer. fees. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, asked if the 1988 North Costa Mesa Arterial Traffic Study information was being used to correct these inter. - sections. The Director. of Public Services replied that this study was used, as well as the I-405 Freeway Access Study, in helping to determine which projects were applicable, and he stated that the "call for projects" is on March 27, 1992, and would include all projects ,is for. the 1991-92 fiscal year.. Amotion was made by Council Member. Buffa, seconded by Council Member. Erickson, to adopt the following resolutions: Resolution 92-14, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS THE IMPROVEMENT OF STATE ROUTES 55/73 CONNECTOR ROADS. 245 Resolution 92-15, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS THE IMPROVEMENT OF THE HARBOR BOULEVARD AND ADAMS AVENUE INTERSECTION. Resolution 92-16, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS THE IMPROVEMENT OF I-405 FREEWAY RAMPS AT BRISTOL STREET. Resolution 92-17, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS THE IMPROVEMENT OF THE HARBOR BOULEVARD AND GISLER AVENUE INTERSECTION. Resolution 92-18, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS THE IMPROVEMENT OF THE I-405 FREEWAY NORTHBOUND FAIRVIEW MAD OFF -RAMP TERMINUS. Resolution 92-19, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS THE CONSTRUCTION OF THE I-405 FREEWAY NORTHBOUND SOUTH COAST DRIVE OFF -RAMP. Resolution 92-20, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS THE IMPROVEMENT OF HARBOR BOULEVARD AND THE SOUTHBOUND I-405 FREEWAY OFF -RAMP. Resolution 92-21, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS THE IMPROVEMENT OF THE FAIRVIEW ROAD AND WILSON STREET INTERSECTION. Resolution 92-22, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS THE IMPROVEMENT OF BRISTOL STREET/I-405 FREEWAY OVER - CROSSING WIDENING. Resolution 92-23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS THE IMPROVEMENT OF HARBOR BOULEVARD AND SOUTH COAST DRIVE. 1 ,�. 240 Resolution 92-24, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS IMPROVEMENT OF THE 17TH STREET/SUPERIOR AVENUE INTER- SECTION. Resolution 92-25, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY AND THE BOARD OF SUPERVISORS TO INCLUDE WITHIN THE ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAMS THE IMPROVEMENT OF HARBOR BOULEVARD AND THE NORTHBOUND I-405 FREE AY OFF -RAMP. The motion carried by the following roll call vote: AYES: Hornbuckle, Buffa, Humphrey Erickson NOES: Genis ABSENT: None NEW BUSINESS The City Clerk presented a request from Orange Coast Street Closures College for closure of Monitor. and Merrimac Ways for the for. Annual 5K Annual 5K Run/Walk. Ann Gyben, Assistant to the City Run/Walk Manager., reviewed the Agenda Report dated March 11, 1992. Lieutenant Alan Kent, Costa Mesa Police Department, explained that typically two full-time motor officers Were employed every year for this event for a minimum of four, staffing hours', plus approximately two police aides to support the program, which would amount to a cost of less than $2,000.00, and the college has always been MOTION cooperative about paying the fees. On motion by Council Street Closures Member. Erickson, seconded by Council Member. Humphrey, Approved and carried 5-0, the request for street closures was approved. NEW BUSINESS The City Clerk presented a request from the Costa Mesa - Fish Fry Parade Newport Harbor. Lions Club for staff support, including and Carnival street closures, banners, and insurance waiver., for. the Fish Fry Parade and Carnival, which is being held the Weekend of May 29, 30, and 31, 1992. The Assistant to the City Manager summarized the Agenda Report dated March 9, 1992. She reported that the use of Club volunteers could substantially reduce the staff support figure of $40,143.33. Hugo Hunziker., 2135 President Place, Costa Mesa, Presi- dent of the Lions Club, stated that they did not have volunteers at this time but would like work with the City to organize a volunteer. program. The City Manager stated that this item is in this year's budget. MOTION On motion by Council Member. Buffa, seconded by Council Staff Support Member. Erickson, the following action was taken for. the Approved Lions Club Fish Fry and Parade: approved waiver of the cost for staff support in the amount of $40,143.33; approved a grant of $650.00, to be taken from the Council Contingency Fund, to purchase an additional $1 million in insurance coverage; approved hanging of 100 banners on Southern California Edison utility poles on 19th Street, Harbor. Boulevard, 17th Street, Fairview Road, and Baker. Street; approved street closures on Wilson Street, College Avenue, Harbor. Boulevard, West 19th Street, Anaheim Avenue, West 18th Street, and Park Avenue; and directed staff to work with the Lions Club on the issue of obtaining volunteers. The motion carried by the following roll call vote: 1 247 AYES: Hornbuckle, Genis, Buffa, Humphrey Erickson NOES: None ABSENT: None PUBLIC HEARING The City Clerk announced the public hearing, continued Locations for. from .the meeting of February 18, 1992, to consider. an Food or. Beverage ordinance amending Title 13 of the Costa Mesa Municipal Service Code relating to the regulation of establishments where food and beverages are served. Communications were received from William N. Sokol, M.D., 2011 Westcliff Drive, Newport Beach, and Sidney A. Crossley, Jr.., Tempest Equity, 16912 Bolsa Chica Road, Huntington Beach, who opposed the proposed ordinance; and Sheila Ward, 122 Magnolia Street, Apartment D, Costa Mesa, who wrote in support of the regulation. Kimberly Brandt, Associate Planner., reviewed the Agenda Report dated March 9, 1992, reporting that the purpose of the proposed ordinance was: (1) to simplify the Planning Division's process and review of establishments where food or beverages are served for businesses that are within 200 feet of residential areas, and (2) to require Conditional Use Permits (CUP) for businesses that would be selling alcoholic beverages between 11:00 p.m. and 2:00 a.m. She clarified that existing bars and restaurants that do not conform with the development standards that are contained within the ordinance would be considered legal nonconforming uses, and they could continue with their present operation without requiring a CUP; however., should the business change ownership, or character or mode of operation, a CUP or. Minor. CUP would be required. The Deputy City Manager./Development Services stated that the majority of the telephone calls received in response to the notification sent out by the City expressed concern related to the clause requiring a CUP when a bar or restaurant changes ownership. The following people spoke in opposition to the proposed ordinance because of the negative affect on the value of the bar and restaurant type of business: Richard Dodd, 201 Shipyard Way, Berth A, Cabin F, Newport Beach, owner of property at 1670 Newport Boulevard; Johanna Chaney, 810 West 19th Street, Costa Mesa, owner of a nightclub on 19th Street; Paul Hendrickson, owner. of Pierce Street Annex, 330 East 17th Street; Gerhard Ziemer., 212 Lillian Place, Costa Mesa, owner. of Henry and Harry's Goat Hill Tavern; William C. Smith, Jr.., Vice President, Grand American Fare, which runs the business at the Costa Mesa Omelet Parlor and the Chester. Drawers Inn; Lenny Garofalo, owner. of Garf's Restaurant, 1550 Superior. Avenue; Greg McConaughy, owner. of Shooters Tequila Bar. and Cafe, 725 West Baker. Street; Gino Goero, owner. of Gino's on the Hill, 428 East 17th Street; Jim Walker., President of the Orange County Chapter of the California Restaurant Association and owner. of Pasta Mesa, 212 East 17th Street; Gary Brubaker., 26932 Highwood Circle, Laguna Hills, owner of the two El Pollo Loco restaurants in Costa Mesa; Fernando Navarrete, owner. of Scampi Res- taurant, 1576 Newport Boulevard; Sid Soffer., 900 Arbor. Street, Costa Mesa; Gregory Howell, former owner of the Island Trader., 1500 Newport Boulevard; Lee Heinz, Execu- tive Director of the Costa Mesa Chamber. of Commerce; and Brian Tesh Burke, owner of the Blue Marble Coffeehouse, 1907 Harbor. Boulevard. 24� ;Speaking in support of the proposed ordinance were Roy iPizarek, 1923 Whittier. Avenue, Costa Mesa; James Wells, President, Mesa Verde Homeowner's Association, 1797 'Oriole Drive, Costa Mesa; and Steven Park, 1944 Church Street, Costa Mesa. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Mayor. Hornbuckle, seconded by Form Ad Hoc Council Member. Erickson, to direct staff to form an ad Committee hoc committee comprised of restaurant owners and a representative from the east and west side homeowner's 'associations to address the ordinance, specifically the vagueness of the text in Section 13-244, "the provisions of this article shall apply to any existing nonconform- �ing establishment prior to any change in ownership and/or, mode or character of the operation." Vice Mayor. Genis mentioned several areas to be dis- cussed: (1) requiring a use permit for establishments serving alcohol within 200 feet of a residential area at any time of the day; (2) distinguishing between a non- conforming use versus an establishment that by its characteristics is nonconforming; (3) examining the difference between a restaurant where alcohol is inci- dental to food service and vice versa; and (4) examining the entertainment and dancing aspects. AMENDED MOTION Mayor. Hornbuckle amended the original motion by with - Item Withdrawn drawing this item for the time being. The amended motion was seconded by Council Member. Erickson, and carried 5-0. RECESS The Mayor, declared a recess at 9:45 p.m., and the meet- ing reconvened at 10:00 p.m. PUBLIC HEARING The City Clerk announced the public hearing, continued 1990 General from the meeting of March 2, 1992, for. the 1990 General Plan Plan. A communication was received from Herbert L. Smith, Vice President for. Business, Southern Califor- nia College, 55 Fair. Drive, Costa Mesa, requesting an exemption. Alice Angus, Senior. Planner., reviewed the Agenda Reports dated March 6, 1992, and,March 9, 1992. In response to a question from Council Member. Erickson regarding Environmental Impact Report No. 1044, Page 168, No. 186, regarding deficient intersections, Kimberly Brandt, Associate Planner., stated that the final EIR would not change in terms of that one mitiga- tion measure, the Facts and Findings refer to the actual number, of intersections that are deficient; and the Mitigation Measure Monitoring Program will focus on those intersections. i Colm Macken, Vice President, Transpacific Development Company, 2377 Crenshaw Boulevard, Torrance, stated that regarding the South Coast Metro Center., a -dedication of approximately 2.5 to 2.8 acres is required, with 540 units calculated at 35 dwelling units per acre on the net area after the park dedication. The Senior. Planner reviewed the existing development at South Coast Plaza and Crystal Court in terns of gross building area and gross leasable area. She stated that the General Plan would allow an increase of development in gross building area of approximately 250,000 square feet, and traffic associated with the S• •SS s � 249 requested increase could be accommodated on the plan circulation system without causing a significant impact. Terry Austin, Austin -Foust Associates, Incorporated, 2020 North Tustin Avenue, Santa Ana, spoke about the recent study on the impact of adding an additional 250,000 square -feet, for a total addition of 500,000 square feet, to South Coast Plaza, and the conclusion was that it would not add any mitigation measures, and there was no increase in deficient intersections. The City Attorney stated that this one site would not impact the adequacy of the EIR which means that at this point, it would be possible to certify the EIR and also approve the project as it is presently proposed. Peter. Naghavi, Transportation Services Manager., stated that staff had not reviewed the Austin -Foust study since it was received late last week. ANNOUNCEMENT The Mayor announced that since the Council meeting would not go beyond 12:00 a.m., Public Hearing 4, an ordinance establishing development standards for small -lot, single- family dwelling units, would be continued to the meeting of April 6, 1992. Malcolm Ross, C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, responded to a question from the Mayor., by stating that staff asked Austin -Foust to run a new model based on the decisions made on March 2, 1992. He stated there is also a model made by Linscott, Law, and Greenspan, on the effects of the additional 250,000 square feet at South Coast Plaza. Paul Wilkenson, representing Linscott, Law, and Green- span, reported that their firm had initiated the Austin - Foust traffic study, and they have determined from the output that the net effect of the additional 250,000 square feet is that the average Intersection Capacity Utilization (ICU) does not change in any grouping except Group A where there is a one percent increase. He clarified that all information in the study is the same as in the EIR, the only difference in terms of input is the square footage. Heather. Somers, 313 Robin Hood Lane, Costa Mesa, asked if the report that Mr.. Wilkenson had passed to Council was legal testimony being presented for validation by Council, and the City Attorney responded that Council is entitled to believe whatever experts they so choose in certifying the EIR. Vice Mayor Genis stated she was not prepared to approve something on the basis of information that had not been reviewed by staff, and the City Attorney clarified that there was enough information before Council to act this evening, as there is nothing to prevent adopting the resolutions as presently proposed by staff. Council Member. Buffa questioned the traffic study on the issue of changing the FAR whether the total traffic impact in the South Coast Plaza area would be greater than the numbers in the EIR, and Terry Austin confirmed they would not. MOTION A motion was made by Council Member. Erickson, seconded Low Density Resi- by -Vice Mayor. Genis, and carried 5-0, to retain the Low dential'Retained Density Residential designation for. the Bear. Street for. Bear. -Street School site, declared surplus property by the Newport - School Mesa School District, in accordance with the Agenda Report dated March 9, 1992. r� cU X50 Motion Tabled MOTION Retained Designation for. Metro Center. SUBSTITUTE MOTION Provided Desig- nation for. Metro Center. Project The City Attorney pointed out.that the resolution certi- fying the EIR should be adopted prior to the vote on the General Plan; however., these votes could indicate intent. A motion was made by Council Member. Erickson, seconded by Council Member. Buffa, to adopt the resolution certi- fying the EIR; however., after discussion, the motion was tabled. A motion was made by Council Member. Erickson, seconded by Council Member. Humphrey, to retain the designation of Urban Center. Commercial with a maximum residential density of 20 units per acre for the residential portion. A motion was made by Council Member. Buffa, seconded by Council Member. Humphrey, to direct staff to provide the technically correct wording so that the General Plan designation for. the Metro Center project site would accommodate in concept residential development with a density range from 25 to 35 units per acre with 25 units per acre being the base density and the increase up to. 35 units per acre being earned by providing affordable housing and a park on-site. I George Sakioka, Sakioka Farms, 14850 Sunflower. Avenue, Costa Mesa, spoke regarding the Urban Center. Commercial designation for his property which is located adjacent to the Metro Center project, and Lot 1 parcel which is designated High Density Residential. AMENDED MOTION Council Member. Buffa amended the substitute motion, Changed General seconded by Mayor. Hornbuckle, to add, using as much as Plan Designations possible the same General Plan designations as was done for. Sakioka Site on Mr.. Sakioka's Lot 1, regarding the 25 to 35 units to the acre was defined. Vice Mayor. Genis indicated that the text regarding high density residential should indicate that for the density range of 25 to 35 units per acre, the 35 units per acre includes any density bonuses. Staff indicated that this clarification will be made to the text. AMENDED MOTION Council Member. Buffa amended the amended substitute Failed to Carry motion, seconded by Mayor. Hornbuckle, to clarify the concept of 25 to 35 units earned would apply specifi- cally to the Metro Center project site. The amended amended substitute motion failed to carry 3-2, Council Members Genis, Humphrey, and Erickson voting no. MOTION On motion by Council Member. Erickson, seconded by Country Club Council Member. Humphrey, and carried 5-0, staff was Drive Study directed to initiate a study to reevaluate the designa- Author. i zed tion of Country Club Dr. ive . MOTION i A motion was made by Vice Mayor. Genis, seconded by South Coast Plaza Council Member. Humphrey, to adopt the FARs as proposed FAR in the Agenda Report dated March 9, 1992, which would allow for. 2.5 million square feet at South Coast Plaza. Malcolm Ross, C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, stated that if the traffic issue is delaying the decision on the additional 250,000 square feet, they will accept the trip budget for. the 2.5 million square feet if the FAR can be increased to 0.65. He reported that the calculations for trip generation at South Coast Plaza are actually overstated in the traffic study. Paul Wilkenson, Linscott, Law, and Greenspan, reviewed the traffic study and stated that the calculated genera- tion rates for all but one driveway in the South Coast Plaza area for existing conditions is 1.8 peak hour trip ends per. 1,000 square feet which means traffic would have to grow by 50 to 75 percent to achieve the esti- mated 2 to 3 peak hour trip ends per. 1,000 square feet. SUBSTITUTE MOTION A substitute motion was made by Council Member Erickson, South Coast Plaza seconded by Council Member. Buffa, to approve an FAR of .652 FAR Approved 0.652 for South Coast Plaza, and the trip generation shall not exceed the trip generation correspondent to 2.5 million square feet on an FAR of 0.60. The motion carried 4-1, Vice Mayor. Genis voting no. Vice Mayor. Genis requested a report from staff regarding the trip rates at South Coast Plaza. MOTION On motion by Council Member. Erickson, seconded by Vice Resolution 92-26 Mayor Genis, Resolution 92-26, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CERTIFY- ING FINAL ENVIRONMENTAL IMPACT REPORT NO. 1044 FOR THE CITY OF COSTA MESA 1990 GENERAL PLAN, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None MOTION On motion by Council Member Erickson, seconded by Resolution 92-27 Council Member. Humphrey, Resolution 92-27, A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOR- NIA, ADOPTING THE CITY OF COSTA MESA 1990 GENERAL PLAN; changing Agenda Report Exhibit A, Page 1, Project. Description, change to read, "Regional Commercial with a FAR of 0.652 applied to South Coast Plaza and a trip budget of 2,300 AM peak hour trips, and 8,350 PM peak hour trips", with the remainder of the sentence regard- ing Crystal Court to remain the same; and Page 2, prior to the second to the last bullet, add, "Retain the Low Density Residential land use designation for. the Bear. Street School Site"; Southern California College shall be allowed to complete their current plans and return to Council for. a General Plan Amendment; Page 384 of the General Plan, No. 4, line 3, incorporate the change, "total trip budget of all parcels involved if each were developed independently..."; Page 384, Effective Trip Generation, second line, replace "circulation systems" with "public streets"; and Page 394, Urban Center. Com- mercial, third paragraph, line 10, Urban Center. FARs, adding "and trip rates"; Page 313, adding Policy 187A to set a limit for failure of the two potentially deficient Intersections. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None MOTION On motion by Council Member. Erickson, seconded by Continued to Council Member. Buffa, and carried 5-0, the following April 6, 1992 Public Hearing Nos. 3, 4, and 5, were continued to the meeting of April 6, 1992: Continued from the meeting of February 18, 1992, General Plan Amendment GP -92-01, City of Costa Mesa, to incorporate a Growth Management Element as required by the revised Traffic Improvement and Growth Manage- ment Ordinance (Measure M). 252 Ordinance establishing development standards for small lot, single-family dwelling units and minor technical amendments to the condominium ordinance. Environ- mental Determination: Negative Declaration. Final Draft of Source Reduction and Recycling Element and the Household Hazardous Waste Element. OLD BUSINESS On motion by Council Member. Erickson, seconded by Rezone Petition Council Member. Humphrey, and carried 5-0, Rezone Peti- R-91-02, Kashani tion R-91-02, Mike Kashani, 180 Newport Center. Drive, Suite 180, Newport Beach, authorized agent for. Frank MOTION Eisendrath, 103 Kings Place, Newport Beach, to change Withdrawn the zoning at 1928 Maple Avenue from R2 to R3, was with- drawn. . CITY ATTORNEY'S The City Attorney requested a closed session pursuant REPORTS to Goverment Code Section 54956.9(a) to discuss the Bergeron; O'Neil; following matters: Bergeron v. City of Costa Mesa, et and Smith al; Thomas Charles O'Neil, et al. v. City of Costa Mesa; and Joseph Smith v. City of Costa Mesa. The Mayor announced that closed session would be held after close of regular. business. COUNCIL MEMBER Council Member. Erickson stated that the Transportation COMMENTS Study Group is currently reviewing the scope of work Transportation for deletion of the bridges, including 19th Street, and Study Group there is a meeting of the group on Thursday evening, March 20, 1992. General Plan Council Member. Humphrey thanked staff for their efforts on the General Plan. South Coast Plaza Vice Mayor. Genis expressed concern regarding the South Coast Plaza change, and stated she hoped it would work AQMD Hearings out well. She also'stated that the Air. Quality Manage- ment District, AQMD, over the next month or so would be holding a series of hearings, specifically oriented towards small businesses. Archive Corporation Mayor. Hornbuckle thanked Council Member. Erickson for. the Letter letter he sent to the Chief Financial Officer of Archive .Corporation. ADJOURNMENT TO At 12:10 a.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor. Conference Room to discuss the three items previously announced by the City Attorney. MEETING RECONVENED The Mayor reconvened the meeting at 12:35 a.m. The following action was taken: Bergeron v. By a vote of 5-0, the City Attorney was authorized to City of Costa Mesa settle in the matter. of Bergeron v. City of Costa Mesa, Orange County Superior Court Case No. 59-39-20, in an MOTION amount not to exceed $750,000.00, which sum is to be Settlement Approved taken out of the City Reserve Fund. O'Neil, et al. v. By a vote of 5-0, the settlement offer as outlined in City of Costa Mesa the City Attorney's confidential memorandum dated March 12, 1992, was rejected, regarding Thomas Charles O'Neil, MOTION et al., v. City of Costa Mesa, United States District Settlement Rejected Court Case No. SACV 91-670AHS (RWRX). Smith v. City of By a vote of 5-0, the settlement offer, was accepted as Costa Mesa detailed in the City Attorneys confidential memorandum dated March 11, 1992, regarding Joseph Smith v. City of MOTION Costa Mesa, United States District Court Case No. SACV Settlement Approved 91-24-GLT (RWRX). 1 AWOURNMENT The Mayor declared the meeting adjourned at 12:40 a.m. —J]La� A64"J� Mayor oy the City of Costa Mesa ATTEST: City Clerk of the City of Costa esa P253