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HomeMy WebLinkAbout08/04/1997 - City Council;f 1.52 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 4, 1997 The City Council of the City of Costa Mesa, California, met in !regular session August 4, 1997, at 6:30 p.m., in the Council !Chambers of City Hall, 77 Fair Drive, Costa Mesa. The ;meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag led by Council Member ;Somers, and invocation by the Reverend Steve Iseman, First !United Methodist Church. ROLL CALL Council Members Present: Mayor Peter Buffa Mayor Pro Tem Gary Monahan Council Member Joe Erickson Council Member Libby Cowan Council Member Heather Somers !Council Members Absent: None 'Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William i Morris Community Services Director Keith Van Holt Budget & Research Officer Carol Jacobs Fire Marshal Tom Macduff Park Superintendent Dave Alkema Senior Planner Tamara Campbell Associate Planner Kim Brandt Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson; seconded by Council July 21, 1997 Member Cowan, and carried- 5-0, the minutes of the regular meeting of July 21, 1991, were apprcved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Somers, and- carried -,..5-10, to read -all ordinances and resolutions by title only. PRESENTATION Mayor Buffa presented the May-or's award to the following Little -League . Costa Mesa American Little League Major Division "All Stars" "All Stars" Award in recognition of their hard work and dedication: Danny Whitaker; Michael McGuire; Andrew Carich; Renny Jackson; Nathan Hunter; Danny Kirkorian; Matt Bourquardez; David Barnett; Eric Nutter; Robert Hull; Jason Hardy; and Joseph Sullivan. He recognized coaching staff members Jim Bourquardez, Jack Carich, and Pat McGuire, and League President Kirk Bauermiester. ORAL COMMUNI- Marian Knitter, 1300 Adams Avenue, Apartment 17L, Costa CATIONS/Califor- Mesa, read a prepared statement addressing the year-round nia School Program school program at California Elementary School, 3232 California Avenue, suggesting that the program should have university level volunteers with sufficient knowledge of human development to properly handle playground activities. Soffer Complaints Shima Soffer, 540 Bernard Street, Costa Mesa, spoke on behalf of her father, Sid, and read a letter which reiterated his complaints about the City Attorney and the Assistant City Attorney. Jazzercize Gwen Frey, 2200 Canyon Drive, Apartment E1, Costa Mesa, Relocation representing Jazzercize International which previously held classes in Rea Center, presented a petition asking the City to assist in their relocation within Costa Mesa. Little League Greg Brown, 2501 Christopher Lane, Costa Mesa, thought Games that little league games should be televised on the Costa Mesa channel. Mayor Buffa responded that this suggestion would be transmitted to Media One, the local cable company. CONSENT The following items were removed from the Consent CALENDAR Calendar: Item 5, Implementation of an overnight parking restriction on Ogle Street; and Item 6, Resolution prohibiting parking on a portion of College Drive and implementing "Resident Only" permit parking. MOTION/Approved On motion by Council Member Erickson, seconded by Council Except Items 5 and Member Cowan, and carried 5-0, the remaining Consent 6 Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Mary Berg; Patricia Graham; Graciella Rodriguez; and Chris Sorgani. Alcoholic Beverage Request from Newport Steakhouse Limited Partnership for Control (ABC) Outback Steakhouse, 1670 Newport Boulevard, for a Licenses premise-to-premise/person-to-person transfer of a Type 47 ABC License (on -sale general for a bona fide eating place). WARRANTS Warrant Resolution 1655, funding City operating expenses in Approved Warrant the amount of $1,231,505.77; and Payroll 9714 for 1655/Payroll 9714 $1,379,455.54, were approved. . ADMINISTRATIVE Purchase was approved of one new Asphalt Paver and one ACTIONS new Transport Tilt Bed Trailer from Nixon -Egli Equipment Approved Purchase Company, 12030 Clark Street, Santa Fe Springs, for of Paver and Trailer $112,504.00, in combination with City of Los Angeles from Nixon -Egli competitive bid process on April 8, 1996. Approved Agree- An agreement was approved with AEI - CASC Engineering, ment with AEI- 937 South Via Lata, Suite 500, Colton, in an amount not to CASC for Anaheim exceed $62,007.00, for engineering services to design the Avenue/19thStreet Storm Drain Relief System at the intersection of Anaheim Drain Relief System Avenue and 19th Street, and the Mayor and Deputy City Clerk Design were authorized to sign on behalf of the City. 153 159 Ogle Street Parking Item 5 on the Consent Calendar was presented: Implemen- Restriction tation of an overnight parking restriction on Ogle Street between Irvine Avenue and Aliso Avenue from 12:00 midnight to 6:00 a.m. A communication was received from Arthur and Elizabeth Bilava, 478 Ogle Street, Costa Mesa, supporting the overnight parking restriction. The Public Services Director replied to questions from the Mayor Pro Tem by stating that surveys on Ogle Street were conducted five or six times over a two-week period. He reported that there were seven cars parked on the street during the entire survey. Council Member Somers asked if the residents had been asked if they preferred overnight restrictions versus "Resident Only" passes. The Public Services Director clarified that the residents had requested that overnight parking be MOTION/Approved disallowed. On motion by Council Member Cowan, seconded Restriction by Council Member 'Erickson, and carried 5-0, the overnight restriction on Ogle Street was approved. Prohibition of Item 6 on the Consent Calendar was presented: Resolution Parking on a Portion prohibiting parking on a portion of College Drive between of College Drive Nassau Road and Fair Drive, and implementing Resident Only" permit parking. A petition signed by ten residents from the 2400 Block of College Drive was received which supports a change from the current on -street parking from a 2 -hour limit anytime to "Residents Only", with on -street parking by permit only. The Public Services Director stated that the survey for College Drive was conducted in a similar manner as the previous survey, and 17 cars were parked on the street continuously. Mayor Pro Tem Monahan proposed that staff develop a formal policy for Council consideration should these. types of requests continue to be received. He pointed out that the streets are public and are funded with tax dollars. The Public Services Director noted that a policy for MOTION/Adopted Council consideration will be ready in 90 days. On motion by Resolution 97-68 Council Member Somers, seconded by Council Member Erickson, and carried 5-0, Resolution 97-68 was adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF COLLEGE DRIVE. I Mayor Buffa announced that New Business Item No. 4 would be taken out of order and presented next. NEW BUSINESS The Deputy City Clerk presented a resolution supporting the Bay Knolls Annexa- Bay Knolls Homeowners Association LAFCO (Local Agency tion Formation Commission) application to amend the City of Costa Mesa's Sphere of Influence and annexation to the City of Newport Beach. Communications supporting the proposed resolution were received from Randi Rubenstein, 345 Cherry Tree Lane, Newport Beach; John Buchanan, 2215 Donnie Road, Newport Beach, and Bay Knolls Homeowners, Post Office Box 2417, Newport Beach. The Senior Planner reviewed the Agenda Report dated July 21, 1997, reporting that a petition was received opposing the City's intent to annex the Bay Knolls area, signed by over 50 percent of the registered voters in the area; therefore, the application automatically would be terminated by LAFCO. She acknowledged that -the reconfigured City boundary line is acceptable and would not deter plans to annex Sub Area 3. 1 John Buchanan, 2215 Donnie Road, Newport Beach, stated that the homeowners supported the staff recommendation, including the attached resolution. He responded to Council Member Erickson by confirming that any fees incurred by this action would be paid by their association, not the City. MOTION/Adopted On motion by Council Member Somers, seconded by Council Resolution 97-69 Member Erickson, and carried 5-0, Resolution 97-69 was adopted, A' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUPPORTING THE BAY KNOLLS HOMEOWNERS ASSOCIATION LOCAL AGENCY FORMATION COMMISSION (LAFCO) APPLICATION TO AMEND THE CITY OF COSTA MESA'S SPHERE OF INFLUENCE AND ANNEXATION TO THE CITY OF NEWPORT BEACH, excluding Bay Knolls from the City's Sub Area 3. PUBLIC HEARING The Deputy City CI'erk announced that this was the time and Weed Abatement place set for the public hearing to consider a resolution Charges approving the report of the Fire Chief or his designee, showing the cost of removing rubbish and weeds. The notice of hearing with the affected parcels was . posted as required by law. The Fire Marshal summarized the Agenda Report dated July 28, 1997. Mayor Pro Tem Monahan expressed an interest in the alternative set forth in the Agenda Report of invoicing individual property owners in lieu of attaching the cost as liens on their properties. The City Attorney indicated that the Costa Mesa Municipal Code provides that the lien system shall be utilized. He volunteered to research the State of California statues to evaluate options to this method. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Resolution 97-70 Member Somers, and carried 5-0, Resolution. 97-70 was adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT OF THE FIRE CHIEF OR HIS DESIGNEE, SHOWING THE COST OF REMOVING RUBBISH AND WEEDS AND REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE PARCEL OF LAND IN THE CITY OF COSTA MESA. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Community Services place set for the public hearing to consider a resolution Rates, Fees, and establishing and adopting schedules of rates, fees, and Charges charges, for services by the City of Costa Mesa, adding a $25.00 set-up and take-down fee for non -Costa Mesa governmental use of Community Center facilities, and four new instructional classes offered through the Community Services Department. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Community Services Director summarized the Agenda Report dated July 28, 1997. There being no speakers, the Mayor closed the public hearing. 155 MOTION/Adopted On motion by Council Member Cowan, seconded by Council Resolution 97-71 Member Erickson, and carried 5-0, Resolution 97-71 was adopted, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES, FOR SERVICES BY THE CITY OF COSTA MESA. OLD BUSINESS I The Deputy City Clerk presented from the meeting. of July 7, Residential. Building 1997, second reading and adoption of Ordinance 97-21, Records and pertaining to residential building records and inspections, with Inspections an effective date of January 1, 1998. The Deputy City Manager reviewed the Agenda Report dated July 25, 1997, addressing Alternative No. 1 which would utilize a contract consultant for virtually all residential inspections. Council Member Somers was concerned that the ordinance as written was vague as to implementation. She was concerned with the wording in the second paragraph of the Building Code Enforcement section in the Agenda Report, stating that the slum condition of the units could be perpetuated. Council Member Erickson expressed confidence in staff's ability to make determinations as to interpretation of the ordinance. Council Member Cowan agreed with Council Member Erickson and stated that her understanding had been that the inspections would be voluntary. A question and answer period ensued.. Carey Ward, 126 East 191h Street, Costa Mesa, member of the Orange Coast Association of Realtors, Inc., was concerned about the ordinance because the fee amount is not specified, and 'mentioned that code violations are found more in single-family residences which are not covered by the ordinance. He opposed limiting inspections to buildings of four units or greater. He reported that the Association of Realtors is comfortable, with the building inspections, and noted that there will be additional time involved plus an extra expense to the seller. Council Member Somers clarified that the number of units, four or larger, was chosen because these are primarily businesses. MOTION/Adopted A motion was made by Council Member Erickson, seconded Ordinance 97-21 by Council Member Cowan, and carried 4-1, Mayor Pro Tem Monahan voting no, to give second reading and adopt Ordinance 97-21, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER VIII TO TITLE 5 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO RESIDENTIAL BUILDING RECORDS AND INSPECTIONS. i Mayor Pro Tem Monahan opposed the motion because he thought that. although the inspections might bring some apartment buildings into compliance; he was not comfortable with the ordinance. He also indicated that it was never his intent to consider duplexes and single-family homes. Council Member Somers supported the motion because she thought that the procedure was a good format by which to change the purchase and sale of units in the City. The Deputy City Manager responded to the Mayor by stating that the above- mentioned concerns will be addressed at the meeting of October 6, 1997, and will take into consideration the 157 consultant's study of the Development Services Department which has not yet been completed. He expressed an interest in obtaining bids from contract inspectors to ascertain the fee. OLD BUSINESS The Deputy City Clerk presented from the meeting of July Rezone Petition 21,1997, second reading and adoption of Ordinance 97-22, R-97-01 B changing the zoning of certain properties the Newport Boulevard Specific Plan, by adoption of Rezone Petition R-97- 01 B. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Ordinance 97-22 Member Cowan, and carried 5-0, Ordinance 97-22 was given second reading and adopted, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF CERTAIN PROPERTIES IN THE NEWPORT BOULEVARD SPECIFIC PLAN AREA, BY ADOPTION OF REZONE PETITION R-97-01 B. OLD BUSINESS The Deputy City Clerk presented from the meeting of July 21, Liability Claims 1997, second reading and adoption of Ordinance 97-23, pertaining to liability claims. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Ordinance 97-23 Member Somers, and carried 5-0, Ordinance 97-23 was given second reading and adopted, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SUBSECTION (a) OF SECTION 2-189 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO LIABILITY CLAIMS. OLD BUSINESS The Deputy City Clerk presented from the meeting of July 21, Dumping in Public 1997, second reading and adoption _of Ordinance 97-24, to Gutters prohibit the dumping of animal excrement in public gutters. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Ordinance 97-24 Member Somers, and carried 5-0, Ordinance 97-24 was given second reading and adopted, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 3-12 AND SUBSECTION (a) OF SECTION 8-83 OF THE COSTA MESA MUNICIPAL CODE TO PROHIBIT THE DUMPING OF ANIMAL EXCREMENT IN PUBLIC GUTTERS. OLD BUSINESS The Deputy City Clerk presented from the meeting of July 21, Limit of Appeals 1997, second reading and adoption of Ordinance 97-25, to for Waiver of Fees limit appeals from a decision on application for a waiver ' of fees established by resolution of City Council. MOTION/Adopted On motion by Council Memberl'Erickson, seconded by Council Ordinance 97-25 Member Somers, and carried 5-0, Ordinance 97-25 was given second reading. and adopted, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SUBSECTION. (5) TO SECTION 2-303 OF THE COSTA MESA MUNICIPAL CODE TO LIMIT APPEALS FROM A DECISION ON APPLICATION FOR A WAIVER OF FEES ESTABLISHED BY RESOLUTION OF CITY COUNCIL. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 5, Use and Permits for 1,997, an ordinance relating to the use and permits for the Sale of Fireworks sale of fireworks. Mayor Buffa observed that the nonprofit groups and fireworks suppliers have not yet been contacted, and suggested a 60 -day continuance. MOTION/Continued On motion by Mayor Buffa, seconded by Council Member to October 6, 1997 Erickson, and carried 5-0, this item was continued to the meeting of October 6, 1997. Council Member Somers supported the motion on the condition that staff will provide choices for consideration. Mayor Buffa stated that his main concern is to determine how the total number of fireworks stands would be limited, and asked the City Manager to communicate with the fireworks suppliers and the nonprofit organizations to solicit their input. OLD BUSINESS The Deputy City Clerk presented from the meeting of July 7, 1997-98 Communi- 1.997, the 1997-98 Community Objectives. The Budget & ty Objectives Research Officer reviewed the Agenda Report dated July 28, 1:997, noting that staff recommends that Objectives 98-135 and 98-B19 be combined because they both relate to bus traffic on residential streets. Mayor Buffa announced that he would abstain from voting on this item because of a professional association with Robert gein, William Frost & Associates, and left the Council Chambers at 8:00 p.m. Mayor Pro Tem Monahan took over the chair for the remainder of the Fairview Park Master Plan discussion. Bruce Newell and Rick Katzmaier, representing Katzmaier Newell Kehr, 2728 East Coast Highway, Corona del Mar, and Ann Christoph, Landscape Architect, 31713 South Coast Highway, Laguna Beach, gave an overview of the conceptual 1 Council Member Somers asked that the Community Emergency Response Team(s) (CERT) be included in Objective 98-135, with the Fire Department as emissaries. Mayor Pro Tem Monahan reported that the Chamber of Commerce is forming an Economic Development Task Force Which makes Objective 98-D3 redundant. Council Member Cowan observed that the Strategic Business Plan for the City is also covered in Objective 98-D3, and felt that this should still be addressed. MOTION i On motion by Mayor Pro Tem Monahan, seconded by Council Approved Member _Somers, and carried 5-0, the 1997-98 Community Objectives Objectives were approved, including the previously mentioned revisions. Robert Graham, 3260 Dakota Avenue, Costa Mesa, noted the lack of an objective to underground utilities, and suggested forming a study group to research funding. The City Manager reported that staff is currently reviewing utility deregulation, along with utility undergrounding. NEW BUSINESS The Deputy City Clerk presented the Fairview Park Draft Fairview Park Draft Master Plan. The Park Superintendent reviewed the Agenda Master Plan Report dated July 11, 1997. Mayor Buffa announced that he would abstain from voting on this item because of a professional association with Robert gein, William Frost & Associates, and left the Council Chambers at 8:00 p.m. Mayor Pro Tem Monahan took over the chair for the remainder of the Fairview Park Master Plan discussion. Bruce Newell and Rick Katzmaier, representing Katzmaier Newell Kehr, 2728 East Coast Highway, Corona del Mar, and Ann Christoph, Landscape Architect, 31713 South Coast Highway, Laguna Beach, gave an overview of the conceptual 1 plans, stating that the goals ' addressed were to preserve the feeling of openness; the natural character of the park, and the many unique uses. They addressed the differences between the four concepts, stating that key parts of the planning are to restore the native habitat and to list improvements which occur in all the plans: improve park access points; add parking .lots; and construct a trail system of various levels for bicycling, hiking, and unpaved hiking. Council Member Somers listed requirements which she felt should be considered before a plan is approved in concept: on the northeast corner of the property the access onto the property from Canary Drive is not clearly labeled nor is there acceptable parking; a 20- to 30 -foot berm and a subterranean watermain will need to be addressed; the tot lot is redundant; and the entire corner lacks rest room facilities. She felt that the historical site&` located near the train depot should be moved closer to the archaeological site. The Deputy City Manager reported that the draft Environmental Impact Report (EIR) should be ready for the Planning Commission and City Council within 90 days, and the complete EIR for circulation to surrounding cities and appropriate agencies should be complete within four months. The following members of the Fairview Park Committee spoke about the Master Plan: Nancy Palmer, 3174 Gibraltar Avenue, landscape architect and professional park planner and designer, stated that the preferred concept alternative lacks supporting text to clarify what is being proposed; Jeff Martin, 1581-B Coriander Drive, expressed concern for the animals and the natural habitat and thought that the concept was too complex; and Dick Mehren, 1824 Kinglet Court, Chairman, stated that in general the plan is a good one, and that all cars should be parked within the park, not on adjacent streets. The following persons spoke about the Master Plan: Jan Vandersloot, 2221 East 16t' Street, Newport Beach, recommended alternative' one, to receive public comment by the two commissions and delay commencement. of the formal public hearing and environmental. review process, as it has the least impact to the park and its patrons and may enable financing for park completion; Jim Jones, 2004 Calvert Avenue, Costa Mesa, suggested deleting the dog park, the lake, the bike trail along Swan Drive, the fencing around the vernal pools, the historical site, and supported creating additional recreational facilities; Doug Sutton, 2739 Canary Drive, 'Costa Mesa, stated that he had not been notified of the meetings and opposed an entrance on Canary Drive; Larry Courter, 2077 Swan Drive, Costa Mesa, objected to planting trees along the back of the residences on Swan Drive, and mentioned that he had not received notice of the meeting; John Feeney, 1154 Dorset Lane, Costa Mesa, objected to the proposed fencing in the park; .. David Prather, 1202 Las Arenas, Costa Mesa, asked that the vernal pool area be restored by hand and expressed concern regarding construction of the lake; Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported the plan and obtaining necessary funds to complete project; and Bob Donnelly, 2788 159 MOTION/Approved Alternative Concept Waxwing Circle, Costa Mesa, stated that most of the park will remain unchanged, and supported creating a lake to be ;used for model sailboats and construction of a historical site. ;Council Member Cowan supported maintaining the west side of Fairview Park in a natural state, restoring the ecological ;habitat and :protecting the archaeological sites, as well as ;reducing the impact on the east side by eliminating the dog park and model pond. She encouraged proceeding with .decisions in order to obtain funding. Council Member Somers ;questioned the cost that would be incurred through staged iimplementation, and asked that the total cost be determined. She requested the following changes: Canary Drive access ;and nearby parking; an additional rest room in the northeast portion of the site off Placentia Avenue; remove installation W the bicycle trail near the residences on Canary and Tanager Drives; and eliminate the dog park. A motion was made by Council Member Cowan, seconded by Council Member . Erickson, and carried 4-0, Mayor Buffa !absent, to preliminarily approve the composite alternative ,with a note to reduce the activity level impact on the east side, to direct staff to commence the process for ;environmental review and amendments to the Parks, Recreation and Open Space Master Plan, and to modify the plan as follows: eliminate all fences; include access and parking off Canary Drive; add a restroom in the northeast part of the park; and remove the proposed bicycle trail near the residences on Canary and Tanager Drives. i ;Council Member Cowan advised staff to contact personnel at Crystal Cove State Park in Laguna Beach to ascertain methods of placing additional rest rooms in the park at a reduced cost. . RECESS Mayor Pro Tem Monahan declared a recess at 9:20 p.m., and Mayor Buffa returned to the Council Chambers and reconvened the meeting at 9:30 p.m. NEW BUSINESS The Deputy City Clerk presented'a request to install tot lot Balearic Center equipment at two locations at Balearic Center, at a cost of Tot Lot Equipment ,$75,000.00. The Community Services Director summarized the Agenda Report dated July 17, 1997. Jim Jones, 2004 Calvert Avenue, Costa Mesa, thanked Council for their efforts. i MOTION/Approved On motion by Mayor Pro Tem Monahan, seconded by Council Installation Member Somers, and' carried 5-0, installation of tot lot equipment was approved. NEW BUSINESS The Deputy City Clerk presented the Costa Mesa Tennis Club Tennis Club Agree- Concessionaire Lease Agreement; and a request from the ment current concessionaire, Cathy Binnquist, to extend. the existing agreement, which expires September 8, 1997, to November 30, 1997. The Community Services Director reviewed the Agenda Report dated July 28, 1997, stating that staff is requesting approval to distribute Request for Proposals to solicit potential operators for the Tennis Club. Cathy Binnquist, 1615 Tustin Avenue, Costa Mesa, responded to Council Member Erickson by stating that the facility has not generated the revenue necessary to support the capital improvements required by the agreement. Council Member Somers asked staff to investigate the possibility of the City operating the tennis courts, and suggested considering the consolidation of the City's Parks Viva America/Westar Nutrition Corporation at 1239 Victoria Street, from Light Industry to Medium Density Residential. Council Member Erickson stated that his home is within 2,500 feet of this store; however, the City Attorney had advised that he could participate in this screening application. The Associate Planner summarized the Agenda Report dated July 25, 1997, noting that the first two items are associated and will 'be addressed together. She indicated that the request* from Ralphs Grocery Company is intended to accommodate a proposed remodel and expansion of its shopping center from 27,250 square feet to 45,000 square feet. She added that staff is recommending the amendment to Policy No. 255 to provide a limited amount of flexibility in Floor Area Ratios for proposed projects. Sandy Yavitz, Vice President of Real Estate, Ralphs Grocery Company, 1100 West Artesia Boulevard, Compton, reported that this project has been planned for five to six years, and they are attempting to create a state-of-the-art store. She 61 Department with that of the City of Newport Beach. MOTION/Staff A motion was made by Council Member Cowan, seconded by Directed to Prepare Council Member Erickson, and carried 5-0, to direct staff to RFP issue a Request for Proposal (RFP) which is not limited to a lease agreement type arrangement but to investigate the highest and best use of that facility, focusing on alternative uses, including:. the possibility of the City taking over operation of the tennis courts, and to survey other municipal programs to see how they operate utilizing contract instructors or contract programs. MOTION/Authorized A motion was made by Council Member Erickson, seconded Extension of Agree- by Council Member Cowan, and carried 5-0, to extend the ment to November existing agreement with Ms. Binnquist to November 30, 30, 1997 1997, and authorizing the City Manager and City Attorney to enter into negotiations for settlement utilizing the security deposit and performance bond. rather than enforcing the $10,000.00 promissory note. NEW BUSINESS The Deputy City Clerk presented General Plan Amendment GPA Screening (GPA) Screening Requests: Requests for Ralphs, Policy 255, and Ralphs shopping center at the northwest corner of East Westar Nutrition 17t' Street and Tustin Avenue, from General Commercial to Commercial Center. Amendment to Policy No. 255 of the General Plan, to allow limited deviations from certain Floor Area Ratio standards. Viva America/Westar Nutrition Corporation at 1239 Victoria Street, from Light Industry to Medium Density Residential. Council Member Erickson stated that his home is within 2,500 feet of this store; however, the City Attorney had advised that he could participate in this screening application. The Associate Planner summarized the Agenda Report dated July 25, 1997, noting that the first two items are associated and will 'be addressed together. She indicated that the request* from Ralphs Grocery Company is intended to accommodate a proposed remodel and expansion of its shopping center from 27,250 square feet to 45,000 square feet. She added that staff is recommending the amendment to Policy No. 255 to provide a limited amount of flexibility in Floor Area Ratios for proposed projects. Sandy Yavitz, Vice President of Real Estate, Ralphs Grocery Company, 1100 West Artesia Boulevard, Compton, reported that this project has been planned for five to six years, and they are attempting to create a state-of-the-art store. She 61 162 MOTION/Authorized Staff to Proceed GPA Process for Policy No. 255 MOTION/Accepted Withdrawal I , I I I indicated that their average facility is over 45,000 square feet. Council Member Erickson noted that the property, Which .is, the old Alpha Beta store on 17t'' Street between Orange and Santa Ana Avenues, is a ".blight", to which Ms. Y�avitz agreed and volunteered to work with staff to contact the landowner who is an elderly woman living in Oklahoma. A motion was made by Mayor Pro Tem Monahan, seconded by Council Member Cowan, and carried 5-0, to authorize staff to proceed with the General Plan Amendment process for Policy No. 255. Based on the information presented, representatives of Ralphs withdrew their request to change the land use d,'esignation from. General Commercial to .Commercial Center. A motion was made by Council Member Erickson, seconded bCouncil Member Cowan, and carried 5-0, to accept the withdrawal. Jim Wood, Wood Investments, 580 Broadway, Laguna Beach, asked what effect the previous action had on the Ralphs application and processing. The Associate Planner replied that the same results are achieved via a different vehicle. i Regarding Viva America/Westar Nutrition Corporation property, the Associate Planner summarized a recommendation from the Planning Commission to change the General Plan and zoning to either residential or commercial designations. Frank Stapleton, land use planning consultant with LSA Associates, One Park Plaza, Suite.500, Irvine, stated that the Westar Nutrition property is in compliance with applicable City, codes and conditions of approval, but the matter was brought to the Planning Commission due to neighbor's 6omplaints. He reported that an acoustical engineer could not find noise violations, nor did Fire of Building inspectors. Terrance Douglass, 1149 Sea Bluff Drive, Costa Mesa, reported that the nearby homeowners met with representatives of Viva America/Westar Nutrition Corporation, to resolve problems at the site, and the meeting was constructive. He noted that there is a property variance which enables the adjacent church at 1259 Victoria Street to use the Westar property for parking during services which will be affected if the property is rezoned. He offered no I bjection to an "office only" type zoning. i ..David Fan, owner of Westar Nutrition Corporation, explained that he had consolidated this business with another which he I wned on 17' Street, and since 1992, it has grown over 500 percent. He reported that at this location the nutritional products are manufactured,- packaged, and distributed throughout the United States and 12 other countries. Unfortunately, he noted, the rapid growth of the -business created problems for the neighbors but he is committed to resolving any areas of dispute. i Jack Reubens, Attorney at Law, Sheppard, Mullin, Richter & Hampton, LLP, 333 South Hope Street, 48th Floor, Los Angeles, representing Westar Nutrition Corporation, provided background on the property. He asked that a General Plan Amendment not be initiated. MOTION/Approved A motion was made by Council Member Cowan, seconded by Proceeding with Council Member Erickson, and carried 5-0, to proceed with GPA the General Plan Amendment. NEW BUSINESS The Deputy City Clerk presented a request from Mayor Pro Request to Develop Tem Monahan for City Council support to develop excess Excess City Property City property at 565 West 18t1i Street. The Deputy City on West 181h Street Manager showed a video of the subject property and the surrounding area. The Mayor Pro Tem thought that this vacant City property could be put to better use, such as a parking lot, and suggested that staff investigate alternatives. Sid Crossley, 230 Via Graziana, Newport Beach, requested that the City consider paving the subject area to be incorporated into the existing City -owned parking area, realign the alley, and add landscaping along West. 18th Street. He stated that everyone would benefit from the improvement, and suggested using Community Development Block Grant (CDBG) funds, incremental sales tax funds, or alternative financing. Council Member Erickson suggested that the adjacent businesses participate in financing the project. Mario Lescot, proprietor of a business in Mr. Crossley's building adjacent to the subject property, felt that a better parking area would benefit his older clients because of the safety factor. Council Member Somers stated that she would be in favor of creating the parking lot but would like to see some funding options to cover the costs. MOTION A motion was made by Council Member Erickson, seconded Granted Request by Council Member Somers, and carried 5-0, to grant the Mayor Pro Tern's request and directed staff to develop various alternatives, including funding alternatives, to create parking on the excess property. ADJOURNMENT The Mayor declared the meeting adjourned at 10:35 p.m. ..Mayor of the City ofW66 Mesa ATTEST: Deputy City I I rk of the City of Costa Mesa 163