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HomeMy WebLinkAbout12/05/1977 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 5, 1977 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., December 5, 1977, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag,. and Invocation by Chaplain W. Robert Parry, Hoag Memorial Hospital. Roll Call Council Members Present: Hertzog, Raciti, Smallwood Council Members Absent: Hammett, McFarland Officials Present: City Manager, City Attorney, Director of Public Services/ City Engineer, Director of Planning, City Clerk Minutes On motion -by Councilman Raciti, seconded by Council - November 21 woman Smallwood, and carried, the minutes of the and 30, 1977 regular meeting of November 21, 1977, and the adjourned regular meeting of November 30, 1977, were approved as distributed and posted as there were no corrections. Councilman Raciti withdrew his request to change his vote in regard to General Plan Amend- ment GP -77-3F, announcing that he would change his position in -regard -to this item when the Rezone Petition.comes before Council. Ordinances On motion by Councilwoman Smallwood, seconded by Mayor Hertzog, and carried, all ordinances will be read by title only. CONSENT CALENDAR. .The following items were removed from the Consent Calendar: Item 5, Tract 8915, R and W Development II;.Item 6, Tract 9105, R and W Development II; and Item 8c; Bid Item 370-A. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, the remaining Consent Calendar items were approved in one motion, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Claims The following claims were received by the City Clerk and no action is required: Sue Pearce on behalf of Sherrie Pearce; Brad Lindenstein on behalf of C. Bob Autrey Motors, Incorporated; William A. Borton; and Laura Vorie. Criminal Justice A letter from the City of California City to System California Assemblymen and State Senators calling for reorganization of the Criminal Justice System, and requesting the Council to adopt a resolution in -support of their request. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning: Licenses Vaughn I. Bowen and Frederick J. Hanshaw, doing business at 1895 Monrovia Avenue; National Fast Foods, Incorporated, doing End - business as Hoagy's Corner, 612 Baker Reading Folder Street. Business Permit A Notice of Intention to Solicit for Charitable Purpose from Arthritis Foundation, Orange County Arthritis Branch, 900 North Broadway, Santa Ana, by door - Foundation to -door solicitation, February 1 through 28, 1978, was approved with application of Section 9-234J of the Costa Mesa Municipal Code. Set for Public The following item was set for public hearing on Hearing December 19,'1977, at 6:30 p.m., in the Council Chambers of City Hall: R-77-38 Rezone Petition R-77-38, Larry M. Gilbert, Gilbert 3038 Mountain 'View Drive, Laguna Beach, as authorized agent for Roy N. Mayemura, 18021 Leafwood Lane, Tustin, for permission to rezone property located at 810 Baker Street, from Cl to R3. Environmental Determination: Negative Declaration. Prohibition The Traffic Commission recommended that Resolution of Parking 77-124 which prohibited parking for street sweeping and Tow -away on Shalimar Drive between Pomona and Placentia Ave - Provision on nues, be amended to include a tow -away provision Shalimar Drive which was inadvertently deleted in the previous recommendation. On motion by Councilwoman Smallwood, Resolution 77-124A seconded by Councilman Raciti, Resolution 77-124A, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON WEDNESDAYS BETWEEN 8:00 A.M. AND 10:00 A.M., ON SHALIMAR DRIVE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Medical Proposals have been received by the City Manager Examinations - for the furnishing of medical services to the City Bristol Park of Costa.Mesa. After an analysis of the proposals submitted, the City Manager recommended contracting with Bristol Park Medical Group for these services at a cost of $8,610.00. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, the contract was awarded as recommended, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Bid Item 368-A Bids received for Bid Item 368-A, Exhibit 4, for Exhibit 4 the furnishing of a 1-1/2 ton flatbed truck, are on file in the Clerk's office. On motion by Council - Awarded woman Smallwood, seconded by Councilman Raciti, the Theodore Robins bid was awarded to Theodore Robins Ford, in the amount of $9,252.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council"Members: None ABSENT: Council Members: Hammett, McFarland R Exhibit 5 Bids received -for B'id.Ztem 368-A, Exhibit 5, for'the Amendment furnishing ofa 1-1/2 ton'dump truck with enclosed Awarded chipper body, are on file. -in the Clerk's office. On Theodore Robins motion by Councilwoman Smallwood, seconded by Coun- Adopted cilman Raciti, the bid was awarded to Theodore Robins Ford, in the amount of $13,593.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None Development ABSENT: Council Members: Hammett, McFarland Exhibit 6 Bids received for Bid Item 368-A, Exhibit 6, for the furnishing of a 1-1/2 ton two -yard dump truck, are Awarded on file in the Clerk's office. On motion by Council - Theodore Robins woman Smallwood, seconded by. Councilman Raciti, the bid was awarded to Theodore Robins Ford, in the amount of $10,838.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Bid Item 369-A Bids received for Bid Item 369-A, for the furnishing Tractor -Loader of a tractor -loader, are on, file in the Clerk's office. This item was held over from the previous Awarded meeting for a re-evaluation of the bids submitted. McCoy Ford On motion by Councilwoman Smallwood, seconded by Tractor Councilman Raciti, the bid was awarded to McCoy Ford Tractor, 13261 Garden'Grove Boulevard, Garden Grove, in the amount of $10,984.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Tracts 8915 and Items 5 and 6 on the Consent Calendar, acceptance 9105 - R and.W of improvements and exoneration of bonds for Tracts. Development II 8915 and 9105, R and W Development II, for projects located in the vicinity of Sea Bluff Drive, were Held Over presented. On motion by Councilman Raciti, seconded - by Councilwoman Smallwood, and carried, these items were held over to the meeting of December 19, 1977. Bid Item 37.0-A Item 8c on the Consent Calendar, the award of Bid Two Vehicles Item 370-A, for the furnishing of two vehicles, was presented. Bids received are on file in the Clerk's Bids Rejected office. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, and carried, all bids were rejected. Title 13 On motion by Councilwoman Smallwood, seconded by Amendment Councilman Raciti, Ordinance 77-60, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMEND - Ordinance 77-60 ING TITLE 13 OF THE .COSTA MESA MUNICIPAL CODE ADOPTING Adopted A DEFINITION FOR "BEDROOM" AND PROVIDING REFERENCES THERETO, was given second reading and adopted by the following roll call vote: "AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Development On motion by Councilwoman Smallwood, seconded by Standards Councilman Raciti, Ordinance 77-61, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- 1 1 1 Ordinance 77-61 FORNIA, AMENDING SECTION 13-828, DEVELOPMENT Adopted STANDARDS, COSTA MESA MUNICIPAL CODE, was given second reading and adopted by the following roll call vote: AYES' Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Warrant On motion by Councilman Raciti, seconded by Council - Resolution 1014 woman Smallwood, Warrant Resolution 1014, including Payroll 7724, was approved by the following roll call vote: AYES: Council Members:. Hertzog, Raciti, Smallwood NOES: Council. Members: None ABSENT: Council Members: Hammett, McFarland Warrant On motion by.Councilman Raciti, seconded by Council - Resolution 1015 woman Smallwood, Warrant Resolution 1015 was approved by the following roll call vote: AYES:. Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Initiative The City Attorney reported on the pending litigation Measure of Arnel Development Company versus the City of Costa Mesa, which was presented in Court on December Hearing Set 2, 1977. At that time, the matter was set over to December 13, 1977, at which time the trial is ex- pected to commence. Following the Court appearance on December 2, the concerned parties who were pres- ent entered into discussion to explore possible solutions to the problems involved. Both the pro- ponents and opponents of the Initiative Measure have indicated a willingness and interest in a public hearing to further discuss a mutually acceptable solution. The City Attorney indicated that Council could hold such a hearing to reconsider their previ- ous action on November 21, 1977, in placing the Initiative Measure on the ballot. After a brief discussion, a motion was made by Councilwoman Small- wood, seconded by Councilman Raciti, and carried, to hold a public hearing for the purpose expressed, on December 8, 1977, at 7:30 p.m., in the Council Chambers of City Hall. Agreement - The City.Manager presented an agreement with Stephen Dingle H. Dingle for the acquisition of 10,200 square feet of land for the Senior Citizens Housing Project. Senior Citizens The agreement stipulates a payment of $50,000.00 for Housing Project the property, and for escrow to close on or about - Parcel 5 December 21, 1977. On motion by Councilwoman Small- wood, seconded by Councilman Raciti, the agreement was approved, and the Mayor and Clerk authorized to sign on behalf of the City, by the following roll call vote! AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Appeal Hearing The Clerk announced that this was the time and place - Althoff set for the appeal hearing of Warren G. Althoff, 1523 Orange Avenue, Costa Mesa, appealing the Police Denied Chief's revocation of a permit to keep non -domesti- cated animals. The applicant.was..advised of the hearing date by Certified Mail, pursuant to Section 3-151 of the Costa Mesa Municipal Code. No commun- ications have been received. The applicant was not present. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Raciti, seconded by Councilwoman Smallwood, and carried, the decision of the Police Chief in revoking the permit, was upheld. On further motion by Councilwoman Smallwood, seconded by Councilman Raciti, and carried, direction was given for removal of the animals within 10 days. Public Hearing The Clerk announced that thiswas the time and place ZE-77-215 and set for the public hearing to review Zone Exception RA -77-13 - ZE-77-215 and Redevelopment Action RA -77-13, Terrence Ragan and Sheila Ragan, No. 8 Collins Island, Balboa, for permission to convert 79 existing apartment units to Held Over condominiums, located at 1845 Anaheim Avenue. En- vironmental Determination: Exempt. The Affidavits of Publishing, Posting, and Mailing are on file in the Clerk's office. No communications have been received. The applicant was present in support of the request and to answer questions from the Council. Mr. Ragan indicated that he had circulated a ques- tionnaire among his tenants seeking their opinion on the proposed conversion and possible interest in purchasing their unit. According to Mr. Ragan, the response was very favorable. The Planning staff, in their evaluation of the request, have found that on-site parking does not meet the requirements for new condominiums, and further that the project does not meet the development standards of the condominium conversion ordinance. The Staff Report also indi- cated a vacancy rate in the City of Costa Mesa of less than three percent, which indicates a housing shortage, and as a result, is inconsistent with the purposes and intent of the Housing Element of the City's General Plan. For these reasons, the staff recommended denial of the -permit. A considerable discussion followed with regard to the parking ade- quacy. The following tenants of the Vendome Apartments spoke in support of the conversion and indicated they have no difficulties ..with the parking arrangements: Judy Oppenheim, Roberta Carscaden, Nancy Lee, Rick Niser, Steve Bidle, and Jerry Nelson. Bill Forrester described the financing being offered to tenants who may wish to purchase their unit. After discussion,,a motion was made by Councilwoman Smallwood, seconded by Mayor Hertzog; to approve the request. This motion was later withdrawn by unani- mous vote. After further discussion of the parking provisions, it was felt that the full Council should review this application. On motion by Councilwoman Smallwood, seconded by Mayor Hertzog, and carried, the public hearing was continued to the meeting of December 19, 1977. Public Hearing The Clerk announced that this was the time and place ZE-77-226 set for the public hearing to review Zone Exception Cadillac -Fairview ZE-77-226, Cadillac -Fairview California, Incorpor- California ated, 3001 South Harbor Boulevard, Costa Mesa, for variances for off-street parking, reduced landscap- ing, outdoor storage, and'outdoor.construction, in conjunction with a motor home construction firm, located at -1650 Sunflower Avenue. Environmental Determination: Exempt'. The Affidavits of Publish- ing, Posting, and Mailing are on file in the Clerk's office. A letter has been received from Occidental Life, Occidental Center, Los Angeles, withdrawing objections to the application if certain criteria will.be met. The Planning staff recommended denial of the request for off-site parking and outdoor storage. The Planning Commission recommended 1 t approval of the application with the provision that sufficient controls exist to insure the off-site parking area will not be used for storage of finished units. The Planning Director made a clarification to the variances being requested,.indicating that the applicant is not requesting a reduction in landscap- ing and does not intend to conduct outdoor construc- tion. Therefore, the request is limited to a variance for off-street parking and outdoor storage. Charles Mitchell, representing the applicant, was , present and stated that contacts made with the neighboring businesses indicated no objection to the proposed use of the subject property. Mr. Mitchell also responded to a question from the Council to verify that there would be no use of exterior dust - collection devices in connection with this opera- tion. Dave Utick and Harry Boon; representing Landau Motor Homes, the proposed tenant.of the subject prop- erty, were present to answer questions from the Council. Councilman Raciti indicated his preference for a block wall around the property instead of the proposed chain link fencing with redwood slats. Considerable discussion followed on this point and subsequently, Councilman Raciti stated he would be agreeable to additional landscaping in the vicinity of the storage area, in lieu of the block wall. It was indicated that one of the conditions of approval would be submission of a detailed landscape plan approved by the Planning Department. The applicant agreed that he would take into account Councilman Raciti's request in working out the landscaping with the staff.. There being no other speakers, the Mayor closed the public hearing. On motion by Council- woman Smallwood, seconded by Councilman Raciti, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. Appeal Hearing The Clerk announced that this was the time and place Thompson/Fleet set for the appeal hearing, continued from the -meet - Marine Services ing of'November 21, 1977, for Zone Exception ZE-77- ZE-77-190 190, Robert M. Thompson, Fleet Marine Services, 2622 Newport Boulevard, Newport Beach, for a variance for Held.Over reduction in parking for an existing bar to allow use of a portion of the property as a boat sales facility,.with a Conditional Use Permit for outdoor storage and a variance from required landscaping, in a C2 zone, located at 1970-1984 Newport Boulevard. Environmental Determination: Exempt. On motion by Councilwoman Smallwood, seconded by Councilman Raciti, and carried, the public hearing was continued to the meeting of December 19, 1977, at the request of the applicant. Public Hearing The Clerk announced that this was the time and place Doctor's set for the public hearing, continued from the meet - Ambulance Service ing of November 21, 1977, to consider an application for Certificate of Public Convenience and Necessity Denied from Doctor's Ambulance Service, 105 South Prospect Avenue, Tustin. The City Manager reported the results of a City survey of convalescent homes indi- cating that the present ambulance companies are generally providing good and adequate services to the community, and that there is no need or necessity to require the services of another ambulance company in the_City. Larry Seal of Seal's Ambulance Service, and Phil Gazzo of Schaefer's Ambulance Service, were present in opposition to the request expressing their willingness to provide additional ambulances to cover Costa Mesa if warranted. The applicant, Mr. Herren, was present to express his findings in support of the request. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Raciti, seconded by Councilwoman Small- wood, and carried, the application was denied. Public Hearing The Clerk announced that this was the time and place GP -77-3J set for the public hearing, continued from the meet - Case 1 ing of November 7, 1977, to consider General Plan Amendment GP -77=3J, Case 1., Costa Mesa Planning Commission, to consider alternative General Plan and/or zoning amendments for property located west of Bear Street between the San Diego Freeway and Yukon Avenue. Environmental Determination: Negative Declaration. Various land use options are discussed in the study document entitled, "General Plan Review - October 1977". The Planning staff and Planning Commission recommended approval of Option I. This option proposes a rezone of the Bear Street Park Site from Al to I and R, to bring the zoning into conformance with the General Plan and development of the property. The remaining 1.7 acres of Al property would be rezoned to Rl. A rezone from C1 -CP to R1 for the three -acre corner parcel would also be initiated under this option. The following Costa Mesa residents spoke in support of this option: John Zilkow, 921 McKenzie Place; Alice Daunch, 900 Peace Place; and Doug Watson. Attorney Don Atkinson, 550 Newport Center Drive, Suite 800, Newport Beach, representing the property owner, William J. Cagney, has submitted a letter opposing the recommended action, expressing a desire to work with the City staff towards a replanning of the entire property. There being no other -speakers, the Mayor closed the public hearing. After discussion, on motion by Councilwoman. -Smallwood, seconded by Councilman Raciti, and carried, the staff was authorized to initiate rezones in accordance with Option I as previously described. Public Hearing The Clerk announced that this was the time and place R-77-36 - Janes/ set for the public hearing to consider Prezone Peti- Fogg/Mackie tion R-77-36, M. D. Janes Company, as authorized agent for Leland Fogg and Agatha Mackie, 17932 Sky Park Circle, Suite D, Irvine, for permission to pre- zone property located at 2267 Pacific Avenue, from County R4 to City R2. Environmental Determination: Negative Declaration. The Affidavit -of Publication is on file in the Clerk's office. No communications have been received. The Planning staff and Planning Commission recommended approval of the request. George Alvarez, representing the applicant, was present to answer questions from the Council. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Councilwoman Smallwood, seconded by Councilman Raciti, the Nega- tive Declaration of Environmental Impact was adopted, Ordinance 77-62 and Ordinance 77-62, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PRE - ZONING CERTAIN UNINCORPORATED TERRITORY ADJOINING THE CITY BOUNDARY, FROM COUNTY R4 TO CITY R2, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett, McFarland Public Hearing The Clerk announced that this was the time and place R-77-37 - Colombo/ set -for the public hearing to consider Rezone Peti- Southern California tion R-77-37, Joseph Colombo, as authorized agent for College Southern California College, 55 Fair Drive, Costa 1 1 1 Request to On motion by Councilwoman Smallwood, seconded by Appeal - Councilman Raciti, and carried, a.request for appeal Cunningham from David L. Cunningham, 373 Victoria Street, Costa ZE-77-225 Mesa, regarding Zone Exception ZE-77-225, which was denied by the Planning Commission, was set for public Hearing Set hearing on December 19, 1977, at 6:30 p.m. Adjournment On motion by Councilwoman Smallwood, seconded by Councilman Raciti, and carried, at 9:45 p.m., the . meeting was adjourned to Thursday, December 8, 1977, at 7:30 p.m., in the Council Chambers of City Hall for the purpose of reconsidering action taken at the regular meeting of November 21, 1977, when the Initiative Measure was placed on the ballot of the General Municipal Election on March 7, 1978. Ma r of the City of C&r esa ATTEST: Ci y Clerk°of the City of Costa esa Mesa, for permission to rezone property located at Held Over 2330 Vanguard Way, from I and R to R4. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning staff and Planning Commission recommended approval of the request. Mr. Colombo was present to answer questions from the Council. During discussion, it was brought out that if this request is approved, the property will be developed by a private developer into an apartment complex which will initially be available for rent to the general public as well as the student body of the college. It is hoped that it will later become economically feasible to restrict the rental to the student body only. Council Members Smallwood and Raciti spoke in opposition to the proposed R4 zone. Councilman Raciti further expressed his opinion that the apartment complex should contain units large enough to be occupied by a family. After further discussion, on motion by Councilman Raciti, seconded by Councilwoman Smallwood, and carried, the public hearing was continued to the meeting of Decem- ber 19, 1977, for benefit of a full Council. Oral Ed Greenwalt, representing Omega Funding, 8615 Knott Communications Avenue., Suite 8, Buena Park, requested permission to hold a one-night variety show at the Orange County Business Permit Fairgrounds on December 17, 1977. Proceeds will ben- Greenwalt efit the Laguna Beach Police Employees Association. During the discussion which followed, Mr. Greenwalt was requested to give proper direction for entrance into the Fairgrounds in order to prevent a traffic problem on Fair Drive. On motion by Councilwoman Smallwood, seconded by Councilman Raciti,, and car- ried, the request was approved subject to meeting the City's insurance requirements. Parking of Harry Sergison addressed the Council.regarding adop- Recreational tion of an ordinance to regulate the parking of boats, Vehicles campers, trailers, etc. in residential areas. The Mayor stated that the Council would probably discuss this subject at a Study Session in January. Request to On motion by Councilwoman Smallwood, seconded by Appeal - Councilman Raciti, and carried, a.request for appeal Cunningham from David L. Cunningham, 373 Victoria Street, Costa ZE-77-225 Mesa, regarding Zone Exception ZE-77-225, which was denied by the Planning Commission, was set for public Hearing Set hearing on December 19, 1977, at 6:30 p.m. Adjournment On motion by Councilwoman Smallwood, seconded by Councilman Raciti, and carried, at 9:45 p.m., the . meeting was adjourned to Thursday, December 8, 1977, at 7:30 p.m., in the Council Chambers of City Hall for the purpose of reconsidering action taken at the regular meeting of November 21, 1977, when the Initiative Measure was placed on the ballot of the General Municipal Election on March 7, 1978. Ma r of the City of C&r esa ATTEST: Ci y Clerk°of the City of Costa esa