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HomeMy WebLinkAbout02/21/1978 - City CouncilREGULAR MEETING OF_.THE CITY COUNCIL CITY OF COSTA MESA February 21, 1978 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., February 21, 1978, in the Council Chambers of City.Hall,, 77 Fair Drive, Costa Mesa, California, The meeting was called to order by the Mayor, followedby the Pledge of Allegiance to the Flag, and -Invocation by Charles Roberts, Director of Planning. Roll Call Council Members Present: Hertzog, Hammett, Raciti, Smallwood, McFarland Council Members Absent: None Officials Present: City Manager.; -City Attorney, Director of Planning, Direc- _ for of Public Services/City Engineer, City Clerk Mayor:Hertzog turned the meeting -over to Vice Mayor Hammett to act as Mayor Pro Tem for the duration of the meeting. Vice Mayor Hammett will be retiring from the Council after the upcoming March election. Mayor Pro Tem Hammett recognized his wife and family present in the audience, as well:as former Mayor Alvin Pinkley and Doctor Robert Moore. Minutes On motion by Councilman McFarland, seconded by Mayor February 6, 1978 Hertzog,-and carried, the minutes of the regular meet- ing of February 6, 1978, were approved -as distributed and posted as there were no corrections. Ordinances On motion by Councilman Raciti, seconded by Councilman McFarland, and carried, all ordinances will be read by title only. Public Hearing Mayor Pro Tem Hammett presented.the next item, taken SP -78-01 out of order, being the public hearing for Specific Plan SP -78-01, Costa Mesa Planning:Commission, to in - Held Over clude additional development standards and land use policies governing the future development of the properties located west of Bear Street, between South Coast Drive and Sunflower Avenue. On.motion by Coun- cilman Raciti, seconded by Mayor Hertzog, and carried, the public hearing was continued to the meeting of April 3, 1978. CONSENT CALENDAR. The following items were removed from the Consent Calendar:.Item 14, prohibition of parking on Victoria Street; and Item 23, Council Policy regarding "Recreation Excursion" checking account. On motion by Councilman McFarland, seconded by Council- man Raciti, the remaining Consent Calendar items were approved in one motion, by the following roll call vote: AXES: Council Members: Hertzog, Hammett, Raciti,":Smal-lwood, McFarland NOES: Council Members: None ABSENT: Council Members: None i 1 Reading Folder:..: The.following Reading Folder: items,. in the.Consent Calendar,. were xeceived_and processed: Claims The following claims .were.rec:eived by the City Clerk.and no action-,is required: Attorney Brian Meek on behalf of Janis.,Ruth Black Shef- fey; Marylyn.C. Donaldson; Betty C. Holman on behalf of Mrs.. d'auanit C.. Holman; Attorney Donald W. Perkal on.behalf.-:of.David Lloyd Col- vin; and Virginia Palacio. Publication of A resolution from the Southern, California City Ordinances Clerk's Association, supporting legislation to limit the requirements forlegal publication of ordinances. Inter -County A letter from the Mayor of the City of Brea, Airport Authority reiterating their unanimous opposition to the Inter -County Airport Authority, and urging a no vote at the Orange County League of Cities meeting, held on February 9, 1978. National.League A resolution from the City of San Clemente of Cities Voting requesting the National League of Cities to Policy make a change in its voting policy. Similar Resolution No. 78-12 was adopted by the Council at the meeting of January 16,, 1978. SCAG A letter from the Mayor of the City of Rolling GP -78-1A Hills Estates, attaching a report and resolu- Shaver/Costa tion opposing the Southern California Associa- Mesa Planning tion of Government's (SCAG) Regional Housing Commission Allocation. The Council adopted similar Resolution No. 78-15 on February 6, 1978. Vector Control Minutes of the 372nd meeting of the Orange District County 'Vector Control District, held on Janu- ary 19, 1978. Alcoholic. Alcoholic Beverage License.applications for Beverage, which parking has been approved by Planning: Licenses Paul C. and Ruth Hall, doing business as Crack 0' Dawn, 665 Paularino Avenue; Lucien L. and Rita Bisson, doing business as Sir Papa Lu's, 177 East 17th Street; Ross Grimm, John MacLean, _End - and Larry Yale, doing business as Mr. Z's, 3023 Reading Folder Harbor Boulevard. Set for Public The following items have been set for public hearing Hearing on the dates indicated, at 6:30 -p.m., -in the Council Chambers of City Hall: R-78-07 March 6, 1978: Rezone Petition R-78-07, Costa Mesa City Council, for permission to rezone property located at 600 Victoria Street, from Ml to R2. Environmental Determination: Nega- tive Declaration. R-78-08 .March 6, 1978: Rezone Petition R-78-08, Costa Mesa City Council,. for permission to rezone property located at..360 West;Wilson Street, from R2 to I'and R. Environmental Determina- tion:. Negative.Declaration.f.or, General Plan Amendment GP -77-3I adopted -on -February 6, 1978. GP -78-1A March 20, 1978:. Gexleral.Flan.Amendment GP-78- Shaver/Costa 1A, Lloyd F.. Shaver.., 153..Tulip.Lane., Costa Mesa, Mesa Planning and the Costa Mesa Ylanning Commission, for per - Commission mission.to amend the land..use.designation of property located at.325 West.Bay Street, from General Commercial to High -Density Residential; and alternative General Plan Amendments and/or rezones for. property. looated..b.etween 331 and 351- (odd. numbers) West Bay:�$treet, and be- tween 1961'and-2021 (odd. -numbers) Newport Boulevard. EnvironmentaL Determination: Neg- ative Declaration. GP -78-1B March. 20, 1978: General__ lan:Amendment GP -78- 1B, Costa Mesa Planning_Commission, for per- mission to amend the land use designation of property located east of.the Santa Ana River (south of .Fairview.Regional.Park..site and north of the southwest City° limitsj:.; • west of Monrovia Avenue (north of 19th Street and south of Sea Bluff Drive); at 1200"Victoria.Street and the approximate south -40 feet of -Tract 10018, from Low and Medium -Density Residential to Public and Semi -Public use. Environmental Determina- tion: Negative Declaration. GP -78-1C March 20, 1978: General Plan Amendment GP -78- 1C, Costa. Mesa Planning Commission, to consider alternative land use policies (possible General Plan Amendments and/or-rezones).to allow the conversion of all, or a portion of.the proper- ties located between 767 and 799 (odd numbers) West 19th Street, and between 1878 and 1890 (even numbers) Placentia Avenue, from General Commercial to High Density Residential. En- vironmental Determination: Negative Declaration. GP -78-1E March 20, 1978: General -Plan Amendment GP -78-1E, Costa Mesa Planning'.Commission, for permission to amend the.Housing.'Element of the General Plan to include policies regarding the conversion of apartment developments to condo- miniums. Environmental.Determination: Nega- tive Declaration. Application On motion by Councilman McFarland.., seconded by Council - Withdrawals man Raciti, and carried, the appeal hearing of Kurt Donat, authorized agent for ,Chris Wynkoop, concerning Donat/Wynkoop the Planning Commission's decision.in connection with -- Zone Exception ZE-78-09, for variances•from the required rear yard setback, and to.legalize.an existing non- conforming side.setback, to construct.three apartment units in conjunction' -with an existing dwelling, located at 350 East 20th Street, in an R2 zone,. was withdrawn as requested by the applicants. R-78-06 On motion by Councilman McFarland, seconded by Council- Salmonson/Gangi man Raciti, and carried, withdrawal of_the application for Rezone Petition R-78-06, Richard...N. Salmonson and Charles R. Gangi, Post Office Box 13,14,.Newport Beach, for permission to prezone property located at 2157 Pacific Avenue, from County R4 to City.R2, was approved as recommended by the Planning Commission. Claim - Bordner. On .motion by Councilman McFarland.,, seconded by Council - Denied man Raciti, and carried, the claim.of.'Vicki Jo Bordner was denied. Claim - Rosenberg. On motion by Councilman McFarland., seconded by Council - Denied man Raciti:,. and.carried.,.the.claim,,of Daniel L. Rosen- berg was denied. Claim - Trudeau.. -On motion.by Councilman McFarland,, seconded by Council - Denied man; Raciti.,.. and, carried, .the. claim.,of. Michael B. Trudeau was denied. Application for. On motion by'Councilman McFarland, seconded by,Council- Bicycle'Funds man Raciti, Resolution'78=24; being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFCOSTAMESA, CALIFORNIA, Resolution 78-24 APPROVING THE APPLICATION FOR -BICYCLE -FUNDS AUTHORIZED 1 1 12 Prohibition of Parking on Bear Street Resolution 78-25 Prohibition of Parking on Bay Street Resolution -78-26 UNDER SENATEBILL821 AND REAFFIRMING THE ADOPTION OF ITS BICYCLE PLAN', was adopted,by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, Smallwood, McFarland NOES: -Council Members: None -ABSENT: Council Members: None The Traffic Commission recommended,prohibition of park- ing on Bear Street between Baker and Bristol Streets, to provide adequate travel lanes for increased traffic volumes. On motion by Councilman"McFarland, seconded by Councilman Raciti, Resolution 78-25, being A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON BEAR STREET BETWEEN BAKER AND BRISTOL STREETS, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, Smallwood, McFarland' NOES: Council Members: None ABSENT: Council Members: None The Traffic. Commission recommended prohibition of park- ing on the south side of Bay Street immediately west of Newport Boulevard, to allow for the installation of a right turn lane. On motion by Councilman McFarland, seconded by Councilman Raciti, Resolution 78-26, being A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING.PARKING ON A PORTION OF BAY STREET, was adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, Smallwood, McFarland NOES: Council.. Members: None "ABSENT: Council'.Members: None ZE-75-66 The improvements in connection with Zone Exception Properties West ZE-75-66, located -at 320 Santa Isabel Avenue, have been completed by Properties West, Incorporated, 3345 Newport Boulevard, Costa Mesa, to the satisfaction of the Director of Public Services. On motion Council- man McFarland, seconded by Councilman Raciti, the work was accepted, and the bonds were ordered exoner- ated, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: None ZE-76-170 The improvements in connection with Zone Exception ZE- Nourse 76-170, located at 1669 and 1675 Tustin Avenue, have been completed by Peter W. Nourse, 901 Dover Drive, Newport Beach, to the satisfaction of the Director of Public Services. On motion by Councilman McFarland, seconded by Councilman Raciti, the work was accepted, and a cash deposit in the amount of $10,000.00 was ordered exonerated, by the following roll call vote: AYES: Council Members:. Hertzog, Hammett, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: None Tract 9691 The street improvements for Tract 9691, located at Bala -is and the southwest corner of Canyon Drive and Banning Pigneri Place, have been completed by Balalis and-Pigneri Y- ; 0 Robbery -Suppression The .City Manager recommended participation in a County - and -Apprehension .Development Corporation, 2005 West Balboa Boulevard, Grant Newport Beach, to'.the satisfaction of the Director of Public Services. On motion by Councilman McFar- land, seconded by'Councilman Raciti, the work was accepted, and a cash deposit.in the amount of $8,200.00 was ordered exonerated, by the following roll :call vote: AYES: Council Members: Hertzog, Hammett, Raciti, Smallwood, McFarland NOES: Council Members: None -ABSENT: Council Members: None Surplus Property On motion by Councilman McFarland, -seconded by Council- - Andranian man Raciti; Resolution 78-27, being.A RESOLUTION OF THE Parking on CITY COUNCIL OF -THE CITY OF COSTA.MESA,.CONCERNING THE Resolution 78,-27 DISPOSAL OF EXCESS PROPERTY LOCATER ON SUPERIOR AVENUE SOUTH OF SIXTEENTH.STREET, AND AUTHORIZING THE EXECU- TION OF A QUIT CLAIM DEED THEREFOR,,was.adopted by the following roll call vote: AYES: Council Members: Hertzog; Hammett, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT:' Council Members: None Tract 8858 The improvements in connection with Tract 8858, located Statewide at -the northwest.corner of Sunflower.Avenue and Bear Developers -Street, havebeen completed by Statewide Developers, Incorporated, 5300 Orange -Avenue, Suite 225, Cypress, to the satisfaction of the'Director of Public Services. On motion by Councilman McFarland, seconded by Council- man Raciti, the work was accepted,.and the bonds were ordered exonerated, by the following:.roll call vote: AYES: Council Members:. Hertzog, Hammett, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: None Agreement - On motion by Councilman McFarland, seconded by Council - Monahan man Raciti;-a contract between the.City of Costa Mesa and -Richard Monahan, to provide computer software ser - Computer Software vices for the completion of the program, budget system, Services in the amount of $8,000.00, 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, Hammett, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: None Robbery -Suppression The .City Manager recommended participation in a County - and -Apprehension wide Robbery Suppression and Apprehension.Program. The Grant Orange.County Criminal ,justice Councilhas approved a grant in the amount of $135,000.00 for the project with -Huntington Beach being selected as the project coordina- tor. The City's cost for participation in the program is $299.70. On motion by Councilman McFarland, seconded -by Councilman Raciti, participation was approved as recommended, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: None Prohibition of Item 14 on the Consent Calendar,.a.Traffic Commission Parking on recommendation for -prohibition of parking on Victoria Victoria Street Street from Canyon Drive to the westerly City limits, 1 1 R-78-02 On motion by Councilman Raciti, seconded by Mayor Hertzog, Ordinance 78-16, being AN ORDINANCE OF THE Ordinance 78-16 CITY COUNCIL.OF THE CITY'OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF PORTIONS OF LOTS 69 AND 77 OF TRACT 300, AND PORTIONS OY LOTS 1 THROUGH 5 OF TRACT 376, FROM C2 TO.C1-CP AND R2, was given second read- ing and adopted by the following roll call vote: was presented. 'Communications in. -opposition to the Held Over -proposal have -been received fr.om,.Don Howland, 1920 Swan Drive, Costa Mesa, owner of industrial units at 1101 Victoria Street, and from the occupants of seven of these.units. Francis Cheatham, owner of property at 1102 and 1104 Victoria Street, spoke in opposition to the proposal.stating that it would cause a hardship to his tenants. Cameron Hills, Manager of an -apartment, -complex. -at 1110 Victoria - Street, also spoke in opposition, stating that there is insufficient off-street parking at this complex. During the discussion which followed, several questions were raised including whether some of the property under discussion is actually in the City limits. On motion by Councilman Raciti, sec- onded by Councilman McFarland, and carried, this item was referred to staff for further investigation, to be brought back at the meeting of March 6, 1978. Council Policy. A Council Policy regarding "Recreation Excursion" Removed from revenue, was removed from the Agenda. Agenda Reciprocal On motion by Councilwoman Smallwood, seconded by Benefits - PERS Councilman McFarland, Ordinance 78-13, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Ordinance 78-13 MESA, CALIFORNIA, PROVIDING RECIPROCAL BENEFITS TO Adopted CITY EMPLOYEES -RETIREMENT SYSTEM; was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: None Former Mayor Mayor Pro Tem Hammett recognized former Mayor and Wilson Recognized Mrs. Wilson who were present in the audience. R-78-03 On motion by Councilman Raciti, seconded by Councilman Gilbert/Mayemura. McFarland;Ordinance 78-14, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA. MESA, CALIFORNIA, Ordinance 78-14 CHANGING THE ZONING'OF A PORTION OF.:LOT 6, BLOCK E, Adopted BERRY TRACT, FROM Cl TO R3, was.given..second reading and adopted by the following -roll call vote: AYES: Council Members: Hertzog, Hammett, Smallwood, McFarland NOES: Council Members: Raciti ABSENT: Council Members: None .R-78-01 On motion by Councilman McFarland, seconded by Mayor Hertzog, Ordinance 78-15, being AN ORDINANCE OF THE Ordinance 78-15 CITY COUNCIL"OF THE CITY OF COSTA.MESA, CALIFORNIA, Adopted CHANGING THE ZONING'OF REAL,PROPERTY.IN THE AREA OF THE NORTHWEST CORNER OF BRISTOL AND BAKER STREETS, FROM Cl, C2, AND Al.TOC1-CP, R2,.AND I AND R, was given second reading and adopted by the following roll call vote: AYES: Council Members: Hertzog, Smallwood, McFarland NOES: Council Members: Raciti ABSENT: Council Members: None ABSTAINING: Council Members: Hammett R-78-02 On motion by Councilman Raciti, seconded by Mayor Hertzog, Ordinance 78-16, being AN ORDINANCE OF THE Ordinance 78-16 CITY COUNCIL.OF THE CITY'OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF PORTIONS OF LOTS 69 AND 77 OF TRACT 300, AND PORTIONS OY LOTS 1 THROUGH 5 OF TRACT 376, FROM C2 TO.C1-CP AND R2, was given second read- ing and adopted by the following roll call vote: 13 AXES: Council Membexs.:..Hertzog, Hammett, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT:. Council Members: None Trailer Permit The Clerk presented from.the meeting,of January 3, Universal Auto 1978,.a request from Henry.Bell, Universal Auto Sales, Sales 2026 Harbor Boulevard, Costa Mesa, for extension of a temporary trailer permit at that:address. The appli- Held Over cant submitted a:letter stating-that.,he would not be in attendance due to illness. -On-motion by Councilman McFarland; seconded by Councilwoman.Smallwood, and carried, this item was held over.to the meeting of March 6,.1978, and the Clerk was directed to tell Mr. Bell that this would be the last extension granted. Mardan School The Clerk presented a request from.Mardan School, 695 Lease Extension West 19th Street, Costa Mesa, for renewal of the lease on this property to August 31, 1979. The school offi- cials have also requested an opportunity to negotiate for the purchase of this property if the City should decide to offer it for sale. The applicant was not present at this time, and this item was trailed until later,in the meeting. At that time, Faye Wilson, President of the Board of Trustees, was in attendance to present the request and answer questions from the Council. During the discussion which followed, Coun- cilman Raciti expressed his -.opinion that this property is worth considerably more than the figure at which it has been appraised. Councilman Raciti also felt that if the property is offered for sale at some future date, it should be accomplished through the open market. Councilwoman Smallwood stated her opinion that the school is aware that the price of the property may be out of their reach but'does favor..extending the lease so that they may have an opportunity to locate other quarters if necessary. Councilman McFarland felt that the M.A.I. appraisal is a,valid one and.that the school should be given an opportunity to negotiate the pur- chase if the property is -offered for sale. After further discussion, on motion by.Councilwoman Smallwood, seconded by Mayor Hertzog, the lease:extension was ap- proved as requested, by the following roll call vote:' AYES: Council Members: Hertzog, Hammett, Raciti, Smallwood, McFarland NOES:_ Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman McFarland., seconded by Council - Resolution 102.4 woman Smallwood, Warrant Resolution:1024 was approved by the following.roll call vote: AYES: Council Members: Hertzog, Raciti, Smallwood, McFarland NOES: Council.Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Warrant On motion by Councilman Raciti, seconded by Council - Resolution 1025 woman Smallwood, Warrant Resolution.1025, including Payroll 7803, was approved by the following roll call vote: AYES: Council Members: .Hertzog, Hammett, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: None Agreement - The CityManager presented..an agreement between McNally Clarence A. and Jimmie L. McNally and the Costa Mesa Redevelopment Agency, for the.- acquisition of Downtown, .9,732.26 square feet of land known as Parcel 3, Redevelopment located at 525 Center Street, for parking purposes. The agreement stipulates a payment of $76,000.00 for the property, and for escrow. to terminate as soon as possible. On motion by Councilwoman Small- wood, seconded by Councilman:McFarland, the Redevel- opment Agency was authorized to enter -into the agreement as outlined, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: None Rental Lease - On motion by Councilwoman Smallwood, seconded by Coun- Youth Services cilman,McFarland, and carried, the next item concerning Program a rental lease with Youth Services Program, for a por- tion of the Royal Palm Fire Station at.2803 Royal Palm Held Over Drive, was held over to the meeting of March 6, 1978. Unemployment The City Manager briefed the Council -on the effect of Insurance Assembly Bill 644 which was passed by the California State Legislature on January 19, 1978, which requires the City of Costa Mesa to provide and -pay unemployment insurance for all employees. This legislation came about as a result of the'Federal-Government mandate which is currently being challenged in the Supreme Court of the United States by NIMLO, National Institute of Municipal Law Officers. The City Manager presented various options for funding the unemployment insurance, which are detailed in a memo to the -Council dated Feb- ruary 16, 1978. The City Manager recommended approval of the Individual Reimbursement Account method of financing which will require a $50,000.00 fund to be established in the 1978-79 budget. After discussion, on motion by Councilman McFarland_, seconded by Council- woman Smallwood, the City Manager's -recommendation was approved with the stipulation that the City does not waive any rights to contest the unemployment compensa- tion insurance by approving this financing method, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: None Agreement - The City Manager presented an agreement between Lottie Cody Cody, and the Costa Mesa Redevelopment Agency, for the acquisition of 6,600 square feet of land known as Par - Downtown cel 2, located at 527 Center Street, for parking Redevelopment purposes. The agreement stipulates payment of $56;000.00 for the property, and for escrow to termi- nate as soon as possible. On motion by Councilwoman Smallwood, seconded by Mayor Hertzog, the Redevelopment Agency was authorized to enter into the agreement as outlined, by the following roll call vote: AYES: Council Members: Hertzog, Hammett, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the.time and place GP -77-2E set for the public hearing, continued from the meeting Cagney of December 19, 1977, for General Plan. -Amendment GP -77- 2E, William J. Cagney, in care of Harwood and Adkinson, 1.3 I 1 11 .550 Newport Center Drive, Suit.6 434, Newport Beach, Held Over ..for permissiontoamend the land usedesignation of property located,along the north -side of Baker Street, east of -Babb Street, from Low Density Residential to Medium Density Residential. Environmental Determina- tion: Negative -Declaration.: The Director of Planning advised the Council that the -applicant -has requested a Study Session to review the development plans, and recommended that this hearing be continued until after this has been accomplished. On motion.by Council -man Raciti, seconded by Councilwoman Smallwood, and car- ried, the public hearing was continued.to the meeting of April 3, 1978, with Study Session discussion prior to that date, on March 13, 1978, in -the fifth floor Conference Room of City Hall. Public Hearing The Mayor'Pro Tem announced that this was thetime GP -78 -ID and place set for the public hearing for General Plan 9 Amendment GP -78-1D, Costa Mesa Planning Commission, Held Over for permission to amend the land use designation of parcels'located between 943 and 957 Denver Drive; 909 and 959 .(pdd numbers) Paularino Avenue; 901 and 930 Helena Circle; andpropertylocated.north of Baker Street and west of Bear Street, from Medium Density Residential to Low Density Residential, and to con- sider alternative General Plan Amendments and/or rezones for the property located at the northeast corner of Baker and'Bear Streets. -:Environmental Determination: Negative'De claration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received.- Attorney Don Adkinson, representing Willi6m.Cagney, one of the property owners, was present and stated that he was prepared tomakea presentation now or at the Study Session'schedule.d for the previous.item which involves related adjacent properties, also owned by Mr. Cagney. The Council indicated their desire to hear the devel- opment presentation for this..item,,as well as the previous item, in Study Session prior to Council action. On motion by Councilman Raciti, seconded by ,Mayor Hertzog, and carried,,the public -hearing was continued to the meeting of April 3, 1978, with Study Session discu ' ssion on March.13, 1978, in the fifth: floor Conference Room of City Hall. Public Hearing The Clerk announced that this was the time and place ZE-77-215/P,A-77-13 set for the public hearing, continued:from the meet - Ragan ing of- . December 19, 1977, to review.ZoneException ZE-77-215 and Redevelopment Action RA -77-13, Terrence Denied- and Sheila Ragan, No. 8 Collins Island, Balboa, for permission to convert 79 existing apartment units to condominiums, located at 1845 Anaheim -Avenue, in an .,.R2 zone. Environmental Determination:.. Exempt. No further communications have been received. The Plan- ning Commission recommended approval of the request. The Planning staff and Redevelopment Agency recom- mended denial. The applicant was present to answer questions from the Council and spoke in support of his request. During the discussion which followed, much concern was'expressed by the Council regarding the lack of adequate parking.facilities at this com- plex. The applicant responded that in his opinion the condominium conversion would result in fewer cars because it would become an adult complex.. The staff, in a previous memo to the Council,,has,indicated that the opposite of this has been revealed in recent studies. There being no other speakers, the Mayor Pro Tem closed the -public hearing. After discussion, on motion by Councilman McFarland, seconded by Council- woman Smallwood, and carried, the applications were denied, based on the findings of the Planning staff. I 1 11 Singing During. the course. -of the.pr.evious,hearing, the Council Telegram deliberations were interrupted -by the arrival of a messenger from Live Wires, presenting a singing tele- gram to Vice Mayor Hammett. The musical telegram was a fond farewell from the Council Members. Recess The Mayor Pro Tem declared a recess at 7:45 p.m., and the meeting reconvened at 7:55 p.m. -`Vice Mayor Former Mayors Alvin Pinkley and Robert Wilson addressed Hammett the Council at this time to commend 'Vice Mayor Hammett's Commended service -to -the community and congratulate him on a fine performance. Vice Mayor Hammett responded with thanks, expressing pleasure in working with his fellow Council Members. Appeal. Hearing The Clerk announced that this was the time and place ZE-77.=228_ set for the appeal hearing for Zone Exception ZE-77- Nourse 228, Peter Nourse, 901 Dover Drive, Suite 110, Newport Beach, for a Conditional Use Permit to convert Denied an existing nine -unit apartment complex to residential condominiums, located at 2340 Santa Ana Avenue, in an R2 zone, which was denied by the Planning Commission on January 9, 1978. Environmental Determination: Exempt. The Affidavits of Publishing, Posting, and -Mailing are on file in the Clerk's office. No communi- cations -have been received. In denying this applica- tion, the Planning Commission indicated findings that the parking design for this project does not meet the standards or the intent of the Condominium Ordinance, and that the unit density is not consistent with the Medium Density General Plan designation of this property. The applicant was present and stated that this project was begun in January, 1977, priorto the adoption of the City's Condominium Ordinance. Mr. Nourse further stated that he was led to believe by the City staff that his project would qualify for a condominium con- version and that he could process the paperwork during construction. The Planning Director responded that Mr. Nourse was advised by the staff that a conversion would be required to meet the condominium parking and open space requirements, and that there must be General Plan consistency. There being no -other speakers, the Mayor Pro Tem closed the public hearing. After discus- sion, on motion by Councilman McFarland, seconded by 'Councilwoman Smallwood, and carried, the application was denied based on the findings and recommendations of the Planning Commission and staff. Public Hearing The Clerk announced that this was -the time and place ZE-77-229 set for the -public hearing, continued .from the meeting Nourse of February 6, 1978, to review Zone Exception ZE-77- 229, Peter Nourse, 901 Dover Drive, Suite 110, Newport Beach, for a Conditional Use Permit to convert an existing 10 -unit apartment complex to residential con- dominiums, located at 1671 Tustin Avenue, in an R2 zone. Environmental Determination: Exempt. The 'Planning staff recommended denial of this application based on the findings that parking for this project does not meet thedevelopment standards or the intent of the Condominium Ordinance, and that approval of a condominium conversion which -does not comply with the ordinance criteria could establish -an -undesirable precedent for future conversions. The Planning Com- mission approved this application based on the following findings: it was felt that the units would sell to people more desirous of walking to the shop- ping.facilities; as available parking exists on the adjoining property for visitors or overflow, the park- ing normally required will not be necessary; the project meets the, General Plan; the units are vacant now and conversion:to-condominiums does not remove rental housing from the market or -displace any persons; approval does not create or establish a precedent for future conversions; the -two parking spaces in the front setback shall be eliminated; and garages are in close proximity to the units and are of reasonable widths. The applicant was present to answer questions from the Council and spoke in support of the conversion. Mr. Nourse_stated that he built this project according to condominium standards and has kept the units vacant so that no tenants would be displaced -by the conversion. There being no other speakers, the Mayor Pro Tem closed the public hearing. After discussion, on motion by Councilman McFarland, seconded by Councilman Raciti, and carried, the Exempt Declaration of Environmental Impact was adopted, and the application approved based on the findings, and subject to the conditions of. the Planning Commission. PubliciHearing The Clerk announced that this was the time and place R-78-04 set for the publichearing to consider Rezone Petition Abdalian/Stuart- R-78-04,_ Kathrina Abdalian and.Zephyr Stuart, 105 Emerald Bay, Laguna Beach, for permission to rezone property. -located at 1631.Irvine`Avenue, from R1 to R2. Environmental Determination: Negat.ive.Declaration for General Plan Amendment GP=77-3E adopted November 21, 1977. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning -Commission recommended. approval. The applicant was present. There being -no speakers, the Mayor Pro Tem closed the public -hearing. On motion by Councilman Raciti, seconded'by Councilman McFar- Ordinance 78=17 land, Ordinance 78-17, being AN ORDINANCE OF THE CITY First Reading COUNCIL. OF THE CITY OF COSTA MESA, CALIFORNIA, CHANG- ING THE ZONING OF,A PORTION OF LOT 68,,NEWPORT HEIGHTS TRACT, -FROM R1 TO R2, was given first reading and passed to second reading by the --following roll call vote: AYES: Council Members:-.Hertzog, Hammett, Raciti, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: None Estancia Wrestling The Clerk presented a request from Jim'Warren, repre- Team senting Estancia Wrestling Club, Costa Mesa, for funds Held Over to help finance a'trip for .their wrestling team which has been selected to participate in the National A.A.U. Championship in .japan. Dave Lorenzo, 3001 .lava Road, Costa Mesa,. was present representing the team, and explained that the CIF regulations do not permit affiliation with the high school or any funding from this source. 'During the discussion, the City Attorney explained that the City also has to explore their legal liabilities and status should they become a contributor. It was decided that this aspect should be investigated further before proceeding. On motion by Mayor Hertzog, seconded by Councilman McFarland, and -carried, this item was.referred -to the City Attorney and City Manager for further study and a?report at_ the next meeting on .March 6, 1978. Extension of On motion by Councilwoman Smallwood, seconded by Westminster Councilman McFarland, and carried, a -public hearing Avenue was set for March 20, 1978; -at 6:30 p.m., to discuss the City's intent on the extension of Westminster Hearing Set. Avenue. Request,.:for The Clerk presented a request for..rehearing from Rehearing of Richard Sewell, 136 Rochester Street, Costa Mesa, GP-77-3I'l- concerning General Plan Amendment GP --77-3I, which Sewell was amended by the City Council on February 6, 1978, to delete the property located at 398 Wilson Street Hearing Set from the request, thereby retaining the General Commercial designation for said property. The applicant was present in .support of the request. On -motion by Councilwoman Smallwood, seconded by Mayor Hertzog, and carried, the request was granted and the hearing date set for.Apri1 3, 1978, at 6:30 p.m. Request to The Clerk presented a request to appeal from Ronald Appeal ZE-78-05 A. DeStefano, 3136 Samoa Street, Costa Mesa, concern- -DeStefano ing Zone Exception ZE-78-05 which was denied by the Planning Commission on February 14, 1978. On motion Hearing.Set by Councilman McFarland, seconded by Councilman Raciti,. and carried, the request was approved and the hearing date set for April 3, 1978, at 6:30 p.m. Oral Harry Oxley, representing International Speedway, - Communications Incorporated, 1403 01a Vista Avenue., San Clemente, presented a request for motorcycle races at the Motorcycle Races Orange County Fairgrounds on March 3 and 10, 1978. - Oxley Mr. Oxley discussed the noise complaints resulting from the racing during the last season and explained Denied his plans to reduce the noise level. During the dates requested, Mr. Oxley plans to carry out noise tests while at the same time using various muffling _and sound barrier equipment. Doctor Robert Moore, 2724 Mendoza Avenue, Costa Mesa,_ and Howard Heithoff, '-_:2814 Loreto Avenue,.Costa Mesa, spoke in opposition _to 'the racing. Doctor Moore 'played `a recording of the noise generated by the racing activities during :the last season, the recording having been made at _-his home, one quarter of a mile away from the track. Considerable discussion followed, during which the _ .Council expressed their concern that this problem had not been resolved during the last racing season. It was felt that any testing at this time should be done at some other location so that the Costa Mesa resi- dents would not be disturbed by it. Councilman McFarland felt that the applicant should have the opportunity to carry out the testing after which, if the noise standards were not met, any further permits would be denied. After further discussion, on motion by Councilwoman. Smallwood, seconded by Mayor Hertzog, and carried, Councilman McFarland voting no, the request was denied. Initiative John Paradis-, 1140 Salinas -Avenue, Costa Mesa, was Measure present representing the North Costa Mesa Homeowners Association, to discuss the development plans for the property which will be under consideration in -the Initiative Measure on the March 7 ballot. Mr. Paradis indicated that considerable meetings have taken place between the homeowners and developers of the subject property -in an attempt to reach an agreement as to its use and development. At this -time, both groups are requesting a hearing before the Council to make a presentation on the new devel- opment plans being discussed. Mr. Paradis then hoped that the Council would give their feedback on the new concepts,. and based on this information, the Homeowners Association would then take a position with regard to the Initiative Measure. A lengthy discussion followed during which the Council Members indicated that if such a hearing.were to take place, they would not be in a position to make any comments on the new plans. Henry Roberts, representing him- self and the other developers involved, also urged the Council to provide an opportunity for this presentation. After further discussion, on motion by Councilwoman Smallwood, seconded. by Councilman McFarland, and carried, the request was granted on the basis that there would be -no Council comments, ,and the public discussion was -scheduled for.February 27, 1978, at 5:30 p.m., in the Council Chambers of City Hall. Councilmanic Vice Mayor Hammett turned the meeting over to Mayor Comments Hertzog with thanks for the opportunity to chair the meeting. Mayor Hertzog responded that Vice Mayor Hammett would be greatly missed:by his fellow Coun- cil Members. Adjournment At 10:20 p.m., the Mayor Pro Tem adjourned the meet - to Executive ing to executive session in the first floor Conference Session Room to discuss a personnel matter. No action was taken. Adjournment At 10:50 p.m., the meeting was adjourned to Monday, February 27, 1978, at 5:30 p.m., in the Council Chambers for the purpose of giving the opponents and proponents of the Initiative a forum. ATTEST: Ltd p City Clerk of the City of Cost esa, 1