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HomeMy WebLinkAbout03/20/1978 - City CouncilRoll Call Minutes March §.and 14, 1978 Presentation by Assemblyman_-' Cordova -- -; REGULAR MEETING OF THE CITY COUNCIL CITY'OF COSTA MESA March 20, 1978 The City Council of the City of Costa Mesa met in regular session on March 20, 1978, at.6:30 p.m., 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'Allegi- ance to the Flag, and Invocation by Chaplain William Robert Parry, Hoag Presbyterian Hospital. Council Members Present: McFarland, Smallwood, Raciti, Hertzog, Schafer Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Assistant City Engineer, City Clerk On motion by Vice Mayor Smallwood, seconded by Council- man Raciti, and carried, the minutes of the regular meeting of March 6, 1978, were approved'as distributed and posted as there were no -corrections. On motion -by Vice Mayor Smallwood, seconded by Councilwoman Hertzog, and carried, the minutes of the regular ad- journed meeting of March 14, 1978, were approved as distributed and posted as there were no corrections. Assemblyman Ronald Cordova made a brief presentation on legislation affecting lo -cal governments and briefly discussed the following bills which he thought might be of mutual concern: AB 2164 and 2174, concerning (1) a ballot measure to determine if Council Members should be elected by district or at -large, and (2) a requirement that Council Members be elected by district in cities with a population of 15,000 or more;.AB 2659, concerning compulsory and binding arbitration; SB 1400, concerning the funding of the State Unemployment In- surance System�by the General Fund rather than from property taxes; AB 402, concerning the establishment of the California Transportation Commission. In regard. to this new commission, Assemblyman Cordova suggested that the City have representation at their next meeting on April 21, 1978, in Los Angeles. Also, in regard to transportation, Assemblyman Cordova stated that he will, be introducing -a resolution when the legislature recon- venes next week to direct the Department of Transporta- tion to conduct the -Environmental Impact Reports on the . completion of Route 55. Lastly, AB 2442 was mentioned which addresses simplification of the traffic engineer- ing survey process. In closing, Assemblyman Cordova expressed the hope that the, City of Costa Mesa will bring their concerns to his attention and invited the use of his office for obtaining any information needed on new legislation. Resolution 78-31 Resolution 78-31, which was adopted at the last meeting, Commending Hank was presented by Councilman Raciti to Mr. Hornsveld who Hornsveld was in attendance. Councilman Raciti commended Mr. Hornsveld for his service to the community in repre- senting Costa Mesa on the Orange County Vector Control District Board. Ordinances On motion by 'Vice Mayor Smallwood, seconded by'Council- woman Hertzog, and carried, all.ordinances will be read by title only. CONSENT CALENDAR.. The following items were removed from the Consent Calendar: Item 5, Rezone Petition R-77-35, Henry M. Roberts/Phillips, Hutton et al; and Item 7, Trailer Policy. On motion by .Councilman Raciti, seconded by Council- woman Schafer, the remaining Consent`Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None 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: David Tunkel- rott; Roland Fleury; St. Paul Insurance Company on behalf of John Rowen; and Attorney Roberto A. Bohm on behalf of Jaime Toledo Bernal. Estimated Statements of estimated shared revenue to be Shared Revenue apportioned by the State Controller during the Statements 1978-79 fiscal year. Traffic Study A resolution from the City of Villa Park recom- mending the County of Orange act as the lead agency in a study and evaluation of highway traffic capacities within Central/Southern Orange County. Similar_ Resolution 78-13 was adopted by Council on January 16, 1978. Vector Control Minutes of the 373rd meeting of .the Orange District County Vector Control District, held on Febru- ary 16, 1978. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by Planning: Licenses Kui Tong Ng and Man Kit Wu, doing business at 1505 Mesa Verde Drive East; The Southland Cor - End - poration, doing business as 7 -Eleven Food Reading Folder Store No. 2113=13795, 1097 Baker Street. Business Permits A Notice of Intention to Solicit for Charitable Purpose from the American Cancer Society, 4030 Birch Street, American Cancer Suite 101, Newport Beach, by neighbor -to -neighbor cru= Society sade, April 1 through June 1, 1978, was approved with application of Section 9-234J of the Costa Mesa Munici- pal Code. Star Artists A request from Jick Chin, Star Artists, 1319 South Pacific Avenue, San Pedro, -to hold a one -day art sale at the Holiday Inn, on March 12, 1978, was ratified. Permit A request from the Costa Mesa -Orange Coast Lions Club, 1919 West Bay Crest, Santa Ana, to use Lions Park for Lions Club the annual pancake breakfast on April 2, 1978, from 7:00 a.m. to 1:00 p.m., was approved subject to condi- tions of the Leisure Services Department. Set for Public A proposed ordinance to adopt the Uniform Fire Code Hearing was set for public hearing on April 3, 1978, at 6:30 Uniform Fire Code p.m., in the Council Chambers of City Hall. Princeton Drive Bids received for the construction of Princeton.Drive Storm Drain Storm Drain from:Carnegie Avenue to Fordham Drive are on file in the Clerk's office. On motion -by Council - Awarded man Raciti, seconded by Councilwoman Schafer, the bid Fleming was awarded to Fleming Engineering,,Incorporated, Engineering 13909 Artesia Boulevard, Cerritos, in the amount of $92,009.00, being the lowest bid meeting specifica- tions, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, -Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Underground The Assistant City Engineer has recommended an exten- Utility District sion of the completion date for the 19th Street Under - No. 8 - Extension ground Utility District No. 8, from Fullerton Avenue to of.Completion Park Avenue, to April.l, 1979. This is due to the delay Date of the 19th Street widening from Park Avenue to Fuller- ton Avenue. On motion -by Councilman Raciti, seconded by Councilwoman.Schaf er, the extension was approved as recommended, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Underground The Assistant City Engineer has recommended an eaten - Utility District 'sion of the completion.date to,October 1, 1978,.for Nos. 10 and 11 - Baker Street Underground Utility District No. 10,, Extension of Baker Street from the East Frontage Road of the New - Completion Date port Freeway to Randolph Avenue, and Utility.District- No. 11, Baker Street from Randolph Avenue to the Corona del Mar Freeway. This is due to the contem- plated widening of Baker Street as a joint cooperative project with the County; and due to delays in the com- pletion of the widening project at.the Santa Ana -Delhi Channel. Both projects are within the limits of the two Underground Utility Districts. On motion by Councilman Raciti, seconded by Councilwoman Schafer, the extension was;approved as recommended, by the fol- lowing roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Contract The Assistant City Engineer has recommended.a 60 -day Extension - extension of the contract with Governmental Professional Governmental Services for the design of the bridge crossings to the Professional Santa Ana -Delhi Channel at Paularino Avenue and at Baker Services Street. This is due to some problems.in coordinating the City's design with the County. On motion by Council- man Raciti, seconded by Councilwoman Schafer, the exten- sion.was approved as recommended to May 20, 1978, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Irvine-Baycrest Revised Agreement No. D 77-117, between the City, the Storm Drain County of Orange, and the City of Newport Beach, for Revised Agreement the cooperative financing of the Irvine-Baycrest Storm Drain, Facility No. G02 -P01, was presented. In recog= nition of the Jarvis Initiative, a revised agreement is proposed by the County to.include a termination clause i sae if the Initiative is passed. On motion by Councilman Raciti, seconded by Couricilwoman.Schafer, the revised agreement was approved, and the Mayor and Clerk author- ized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council -Members: None Bid Item 383 One bid received for Bid Item 383, Leasing'of 24 Police Leasing of Vehicles, is on file in.the Clerk's office. On motion Police Vehicles by Councilman Raciti., seconded by Councilwoman Schafer, the bid was awarded to Theodore Robins Leasing Company, Awarded 2096 Harbor Boulevard, Costa Mesa, being the only bid Theodore Robins meeting specifications, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None R-77-35 Item 5 on the Consent Calendar, Rezone Petition R-77- Roberts/Phillips, 35, Henry M. Roberts, Jr., as authorized agent for Hutton, et al Phillips, Hutton, et al, 11255 Canton Drive, Studio City, for permission to rezone property located south Denied of Sunflower Avenue and west of Bear Street, from Al to PDR -MD, Planned Development Residential - Medium Density, into conformance with the General Plan, was presented. Environmental. Determination: Environ- mental Impact Report accepted by Council August 1, 1977. The City Attorney advised the Council that they cannot legally act on this Rezone Petition be- cause it is one of the parcels -in the zoning initiative that was recently enacted by the voters. On this basis, a motion was made by Councilman Raciti, seconded by Councilwoman Schafer, and car- ried, to deny the Petition based on Elections Code Section 4013. Trailer Policy Item 7 on the Consent Calendar, a policy for the processing of Trailer Permits, was held over to the Held Over meeting of April 3, 1978. R-78-07 On motion by Councilwoman Hertzog, seconded by Councilman Raciti, Ordinance 78-18, being AN ORDI- Ordinance 78-18 NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Adopted CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 36 OF FAIRVIEW FARMS, FROM M1 TO R1, was given second reading and adopted by the following roll cal. vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None R-78-08 On motion by Councilwoman Schafer, seconded by Vice Mayor Smallwood, Ordinance 78-19, being AN ORDINANCE Ordinance 78-19 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Adopted FORNIA, CHANGING THE ZONING OF A PORTION OF LOT 1, TRACT 9, FROM R2 TO I AND R, was given second reading - and adopted by the following roll call vote: AYES: .Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Open Space The Clerk presented from the meeting of March 6, 1978, Easement at discussion of the .Open Space Easement at the Town Cen- Town Center ter.in relation to the proposed construction of the Prudential Building. Greg Butcher, representing C. J. Segerstrom, owner of the subject property, was present to answer questions from the Council. By way of recap, this matter is before the Council to make a determina- tion as to whether the proposed construction of "the Prudential Building, under Zone Exception ZE-78-04, constitutes a violation -of the Open Space Easement. The Planning Director indicated there are three separate areas of construction which present some intrusion into the easement. They are as follows: a turf block driveway traversing the easement to be used in the evenings for valet parking; a portion of a 15 foot strip along the northerly edge of the easement; and an underground loading dock area and entrance from -Bristol Street. During the discussion which followed, Councilwoman Schafer asked about what pro- visions are being made for -screening the loading dock area. Mr. Butcher indicated that the landscaping mounds are to be extended to take in this area, but agreed to work with the Planning Department for the best design. Vice Mayor Smallwood directed atten- tion to that portion of the easement agreement reserving.rights .to construct, provide, install, maintain, repair,:restore, replace, expand, use, and operate underground utilities. and other underground facilities and improvements. In her opinion, this could be construed to cover the rights to the im- provements in question. The City Attorney responded that this could be so, depending upon how the Coun- cil.views the purpose -of this easement, whether it be physical surface use or -scenic open space use. Mayor McFarland expressed his. opinion that the property owners granted this easement for their own benefit, meaning the tax incentive, and are now attempting to have use of the easement without relinquishing the benefit. Councilman Raciti stated that the proposed construction will utilize approximately 10 or 15 percent of the property and feels that this is too insignificant to be deemed an interference of the easement as granted, and on this basis made a motion, seconded by Councilwoman Hertzog, that the three areas of construction as previously outlined, do not violate the Open Space Easement. The motion carried with Mayor McFarland voting no. Warrant On motion by Vice Mayor. Smallwood, seconded by Council - Resolution 1028 woman Hertzog, Warrant Resolution 1028, including Pay- roll 7805, was approved by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Mardan Lease The City Manager presented an 'amendment to the Mardan Extension lease which will extend the lease until August 31, 1979, under the same terms and conditions existing at the present time. Councilwoman Schafer stated that she would be abstaining from voting on this item and left the meeting briefly. During the discussion which followed, Councilman Raciti stated that he has no objection to the lease extension but does request that this item be brought back on the Agenda,in six months to discuss the sale of this property and whether or not Mardan will purchase it or if it will be placed on the open market. The other Council Members concurred with this request and on this basis a motion by Councilwoman Hertzog, seconded by Vice Mayor Smallwood, approving the lease extension to August 31, 1979, was carried by the following roll call vote: AYES: Council Members:. McFarland, Smallwood, Raciti, Hertzog, NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Schafer Councilwoman Councilwoman Schafer returned to the meeting at this Schafer Returns time. SCAG Housing The City Manager advised the Council that Resolution Allocations 78-15 adopted in opposition to the housing distribu=- tion proposals of the Southern California Association of Governments (SCAG), may result in the loss of the allocation of 75 units for the Senior Citizens Hous- ing project known as Casa Bella. These units were received through a SCAG allocation program and cannot be retained as long as Resolution 78-15 is in effect. One option open to the Council is to rescind this Resolution and adopt a new resolution which addresses solely the area of greatest concern to the City. This option was agreeable to the Council, and on motion by Vice Mayor Smallwood, seconded by Councilwoman Resolution 78-34 Hertzog, Resolution 78-34, being A RESOLUTION OF THE' Rescinding CITY COUNCIL OF THE CITY OF COSTA MESA; CALIFORNIA, Resolution 78-15 CONCERNING THE HOUSING DISTRIBUTION PROPOSALS OF-THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog,.. Schafer NOES: Council Members: None ABSENT: Council Members: None Appeal"Hearing -The Clerk announced that this was.the time and place- ZE-78-30 set for the-appeal hearing concerning Condition 1 of Rischard Zone Exception ZE-78-30, Theodore E. Rischard, 18901- East Dodge Avenue, Santa Ana, dealing with sign area Denied limitations at Villa La Costa Commercial. Center at 2959-2963 Fairview Road. Environmental Determina- tion: Exempt. The Affidavits of Publishing, Posting, and Mailing-are-on file in the Clerk's office. No communications have been received. The Planning Director discussed the planned signing program being proposed for the Center and stated.that Mr. Ris- chard's main objection appears to be removal of the pole sign by May 18, 1978. The Planning Director also indicated a correction to the'staff report chang- ing the maximum sign-area allowed on Fairview. Road from 500 square feet to 611 square feet; this being the reason for deletion of Condition la by the Plan- ning Commission. The applicant was present and ex- pressed his opinion that the.pole sign is very much needed by his tenants for identification. John Conley, a business associate supported Mr. Rischard's. comments. The followingtenants at.the Center .spoke in support of retaining the pole sign: Yosh Kanashi, representing the Midori Restaurant; Doctor Allen Miller, 6 Morning Dew, Irvine; and Frank Willard,' 1747 Santa Ana Avenue, Costa Mesa. Nate Reade of the Chamber of Commerce spoke in favor of a study with the Council to review the Sign Ordinance re- quirements at some time in the future. Charles Ropp, 1373 Garlingford Street, Costa Mesa, felt that the Sign Ordinance in effect at this time should be the uppermost criteria in considering this request. Richard Webster, student at Southern California Col- lege, expressed his opinion that the pole signs are useful for identification by the passing motorists. '6 During further discussion, Mr. Rischard also expressed opposition to that portion.of Condition lc restricting the name of the Center to be the only name on the new sign. The Council agreed that the business names appearing on this sign would be at his discretion. There being no other speakers, the Mayor closed the public hearing. Vice Mayor Smallwood expressed her opinion that the.purpose of eliminating the larger and more garish signs -was to reduce the clutter thereby making the individual business signs more readily visi- ble. Councilwoman.Schafer expressed her opinion that all the businesses in this Center have good frontage exposure on the major streets and do not nee& the pole sign for identification. After further discussion, on motion by Vice Mayor Smallwood, seconded by Council- woman Schafer, and carried, the Planning Commission's decision was upheld -subject to all conditions as recommended with the exception of Condition lc which was modified as follows: The nonconforming Villa La Costa ground/directory sign shall be removed or modi= fled by May 18, 1978. Maximum height of this sign shall be 20 feet; maximum area shall be 60 square feet; and maximum letter height shall be 20 inches. Mayor_ McFarlandexpressed his opinion in response to the suggestion for a Sign Ordinance review stating that he does not feel this is appropriate at this time. Mr. Reade responded that it was his impres- sion when the Sign Ordinance -was -adopted that it was on the basis of a review in two years. Council- woman Schafer said she would have no objection to such a review at this time with the.feeling that the Sign Ordinance is a very sound one and would prove to be so under scrutiny. Vice Mayor Smallwood feels the Sign Ordinance should not be evaluated until all the amortization periods are over. Appeal Hearing The Clerk announced that this was the time and place S-78-04 set for the appeal hearing of Tentative Parcel Map Huntington S-78-04, Huntington Capital Corporation, 16168 Beach Capital Boulevard, Suite.200, Huntington Beach, for permis- sion to divide property located at 1503 South Coast Drive into three.parcels, in a Cl zone. Environ- mental Determination: Exempt. The Affidavits of Publishing, Posting, and Mailing are on file in the Clerk's office. No communications have been re- ceived. The Planning Commission denied the parcel map based on the finding that the access to Harbor Boulevard from this property could create a.serious traffic hazard because of its close proximity to the freeway. Councilwoman Schafer stated that she voted in opposition to this request on the Planning Com- mission and would be voting accordingly at this time because she still.is of the opinion that a potential traffic hazard will result. The Council has previ- ously addressed the subject of.ingress and egress when the Final Development Plan was approved on February 6, 1978, following the City Engineer's stated opinion that the proposed plan would not, create a safety hazard. The applicant's represen- tative, Everett Dodge, was present to answer questions from the Council. There being no other speakers, the Mayor closed the -public hearing. On motion by Coun- cilwoman Hertzog., seconded by Mayor McFarland, and carried, Councilwoman'Schafer--voting no, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the parcel map approved subject to conditions as recommended by staff. Public Hearing The Clerk presented the next.two items which are to Final_Develop- be heard concurrently. Final Development Plan in ment Plan and connection with Zone Exception ZE-78-34, McLain Tentative Map Development Company for C. J. Segerstrom and Sons., of Tract 10275 1470 Jamboree Road, 'Newport Beach, for 189 single- McLain/Segerstrom family homes with variances from permitted building coverage and required open space, located at the Held Over. southeast corner of Sunflower Avenue and Fairview Road, in PDR -LD and PDR -MD zones. Environmental Determination: Environmental Impact Report accepted by Council on November 15, 1976; and Tentative Map of Tract 10275, for permission to divide the above- described property into 191 lots. The Affidavit of Publication is oil file in the Clerk's office. A letter has been received from the applicant request- ing a continuance of these two items. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, the public hearing was continued for 60 days to the meeting of May.15, 1978. Recess The Mayor declared a recess at 8:30 p.m., and the meeting reconvened at 8:40 p.m. Public Hearing The Clerk announced that this was the time and place ZE-78-37 set for the public hearing to review Zone Exception Friedman/South ZE-78-37, John Friedman as authorized agent for Coast Plaza South Coast Plaza, 3315 Fairview Road, Costa Mesa, for a variance from Sign Ordinance requirements at 3333 Bristol Street., in a C1 -S zone.. Environmental Determination: Exempt. The Affidavits of Publish- ing, Posting, and Mailing are on file in the Clerk'.s office. No communications have been.received. The Planning staff recommended denial. The.Planning 'Commission approved the request for the three main identity signs with the stipulation that the "d" and "t" on the north and west -facing signs be pro- portionate to the basic six-foot letter height, but in no .event exceed a maximum of eight feet. The sign above the southernmost west -facing entrance shall have a maximum letter height of 20 inches, and based on the finding that there are sufficient grounds in Section 5'-127, Chapter 6 of Title V of the Sign Ordi- nance to grant the requested variances. Subsequent to this action, the Planning Commission has given tentative approval to a planned signing program for the entire Plaza. The Planning Director reported that the requested signing for the Nordstrom build- ing meets the requirements.of the planned signing program with the.exception of the Sunflower Avenue identification sign which exceeds the requirements by 35 square feet. John Friedman, architect for the project, was -present and discussed the rationale for the signing requested and expressed the opinion that the size of the signs are not excessive compared to the size of the building. John Nordstrom, Seattle, Washington, was present and requested consideration of the fact that the Nordstrom store is unknown in Southern California, that they have invested in ex- cess of $50,000.00 on the signing for the building, and that the signs are already in construction to meet the scheduled opening date at the beginning of May. There being.no other speakers, the Mayor closed the public hearing. Vice Mayor Smallwood expressed her opinion that considerably more signing area is permitted under the planned signing program than would be granted under the terms of the Sign Ordi- nance and feels that this will be entirely sufficient for their identification. Councilwoman Hertzog ex- pressed her opinion that the signing requested is not out of line and will be compatible with the size of I A 1. Public Hearing R-77-53 R-78-05 Adkinson/Cagney Ordinance 78-20 First Reading the building. Councilwoman Schafer expressed her opinion that the -'planned signing program is a little "after the fact" because most of the stores in the Plaza have already had their signing.approved and most have deviated in some way from the signing re- quirement. After considerable discussion, on motion by Vice Mayor Smallwood, seconded by Mayor McFarland, and carried, Council Members Schafer and Raciti vot- ing no, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved for the signing program without the 35 square foot variance. The Clerk presented Rezone Petition R-77-53, Costa Mesa City Council, for permission to rezone property located at the northwest corner of Bear Street and Yukon Avenue, from C1 -CP to Rl; at the eastern terminus of - Peace -Place, from Al to Rl; and at 3145 Bear Street, from Al to I and R. Environmental Determination: Negative Declaration for General Plan Amendment GP -77-3J, Case 1, adopted November 7, 19-77. To be considered.concur- rently with this item, the Clerk presented Rezone Petition R-78-05, Don R. Adkinson as authorized agent for William J. Cagney, 550 Newport Center Drive, Suite 800, Newport Beach, for permission to rezone property located west of Bear Street, north of Yukon Avenue, and at the easterly terminus of Peace and Liard Places, and property located west of Bear Street, between Yukon Avenue and the Corona del Mar Freeway, from Al, Rl, and C1 -CP to PDR -LD. Environmental Determination: Nega- tive Declaration. The Affidavits of Publication are on file in the Clerk's office. No communications have been received. The first Rezone Petition R-77-53 was initiated to bring about the zoning recommendation of. the Council associated with -General Plan Amendment GP -77-3J, Case 1. The -second Rezone Petition -R-78-05,..; which takes in a considerable -portion -of the same property, was initiated by the property owner as a result of his interest in replanning the subject area. While the staff feels thata PDR -LD -development of the subject (R-78-05) property appears possible, there could be many:potential problems, and therefore recom-- mends that a specific development proposal be prepared. The staff also recommends approval of the R-77-53 re- zone to resolve the immediate problem of General Plan conflict. Darrilyn Oliver, 3077 Yukon Avenue, Costa Mesa, spoke in agreement with the staff's recommenda- tion on R-78-05, and added further that sound barrier walls along the Corona del Mar Freeway will be re- quested in conjunction with any development. There being no other speakers, the Mayor.closed the public hearing. After discussion, on motion by Councilman Raciti, seconded by Vice Mayor Smallwood, Rezone Petition R-77=53 was approved, and Ordinance 78-20, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A POR TION OF LOT 2, -BLOCK C, BERRY TRACT, FROM C1 -CP AND Al TO R1 ANDI AND R, was given first reading and passed to second reading by the following roll call vote: AYES: Council'Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None On further motion by,Councilman Raciti, seconded by Councilwoman Schafer, and carried, Rezone Petition R-78-05 was tabled until a specific plan of develop- ment is presented. Vice Mayor Vice Mayor Smallwood announced that she -would be Smallwood Leaves abstaining from voting on the next item and left the meeting briefly. Public Hearing The Clerk announced that this was the time and place GP -78-1A set for the public hearing to consider General Plan Shaver Amendment GP -78-1A, Lloyd F. Shaver5.153 Tulip Lane, Costa Mesa, for permission to amend the land use Denied 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 located between 331 and 351 (odd numbers) West Bay Street, and between -1961 and .2021 (odd numbers) Newport Boulevard. Environ- mental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office.. The Planning staff and Planning Commission have recommended denial of the request. Doug Clark of the Planning staff was present to present back- ground information on this amendment as well as the ones which follow. The initial request by Mr. Shaver was expanded to include all of the commercially designated properties iri the area. The document en- titled, "General Plan Review —February, 1978",' prepared by the Planning Department, offers two alternative land use options for this amendment. Option 1 would retain the existing land use control. Option 2 proposes that a portion of the study area be redesignated to High Density Residential. The Plan- ning Commission's recommendation for denial (Option 1) was based in part on the fact that the majority of the affected properties are within the proposed right-of- way of the Costa Mesa Freeway and any residential development would require mitigating measures to handle the noise levels. This would appear to be difficult to do in an area with multiple ownership of property.: The applicant was present and expressed his opinion that the rezonin& would be of benefit to the area which he described as blighted, and also feels that it would be unfair -to deny this on the basis of the proposed freeway. There being no other speakers, the -Mayor closed the public hearing. After discussion, on motion by Councilwoman Schafer, sec- onded by Councilwoman Hertzog, and carried, General Plan Amendment GP -78-1A was denied under Option 1, based on the findings of the Planning Commission. Vice Mayor Vice Mayor Smallwood returned to the meeting at this Smallwood Returns time. Public Hearing The Clerk announced that this was the time -and place GP -78-1B set for the public hearing for General Plan Amendment GP -78-1B, Costa Mesa Planning Commission, for permis-. sion 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 limits); 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 Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. This amendment has been.initiated.by the Planning Commission to consider a land use designa-- tion amendment for properties acquired by the City and County for public parks. Currently, the General Plan designates the area for Low and Medium Density Residential uses when,. in fact, the area is planned to be used for public recreational purposes. The Resolution 78-35 majority of the study area is owned by the County and— planned nd -planned to become:a portion of Talbert -Fairview Re- gional Park. The.s.tudy area does include one privately - owned 5.01 -acre parcel zoned R1 -W, Single Family Resi- dential District- Water.Front. The General Plan"Review presents three options for"this amendment. Option 1 would retain the.existing.General Plan designations and zoning. Options 2 and 3 reclassify the publicly=owned property to Public and Semi. -public use, but differ in the treatment of the privately -owned parcel. The Plan- ning staff recommended approval of Option 3 which would amend the General Plan -for the publicly -owned land in the study area to -a Public and Semi-public use designa= tion with a subsequent rezone.to I and R for all the residentially zoned properties with the exception of the privately -:owned 5 -acre parcel. This parcel would retain the Medium Dens.ityResidential land.use desig- nation and be rezoned to Rl. The Planning Commission concurred with Option 3 with the exception of the privately -owned 5 -acne parcel, which was excluded fr.om,. their action. Monroe F. Marsh, 1089 Wilshire Boulevard, Los Angeles, was present representing the owner of the 5 -acre parcel"and requested that this be deleted from consideration.and be left in its present zone of R1 -W as. negotiations are presently underway with the County for the sa this property. Sid Thompson of the Marina High- lands Homeowners Association spoke in opposition to excluding the 5 -acre parcel from this amendment -based on the opinion_that.should a marina be constructed in this vicinity, this:piece of property would interfere with the project. Jeff Keating, 2082 Valley Road, Costa Mesa, expressed':support of the Planning Commission's recommendation. William -Coburn, 1180 Gleneagles Ter- race, agreed with'Mr. Thompson's remark and stated that he was under the impression that the Planning Commis- sion had included the 5 -acre parcel in their motion, and if this is not the case, recommends.that the Council do so. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Councilwoman Schafer, seconded by Vice Mayor Small- wood, the Negative Declaration of Environmental Impact was adopted, and Resolution 78-35, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ADOPTING. GENERAL PLAN AMENDMENT GP -78-1B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted in accordance with Option 3 with the ex- clusion of the 5 -acre parcel which will remain un- changed, -by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place GP -78-1C set for the public hearing for General Plan Amendment GP -78-1C, Costa Mesa Planning Commission, to consider alternative land use policies (possible General Plan Amendments and/or.rezones) toallow the conversion of all, or a portion of.the properties located between 767 and 799 (odd numbers) West 19th Street, and be- tween 1878 and 1890.(even numbers) Placentia.Avenue, from General Commercial to.High Density Residential." Environmental Determination:. Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. This amendment was -initiated by the Planning Commission to review the -potential conversion of approximately 2.7 .. acres of commercial property to High Density Residen- tial use on West 19th Street. All of the parcels are designated for General Commercial development by the 1 1 i General Plan and are zoned Cl. Within the same block, the.two parcels to the east were. included in a recent General Plan -Amendment to High Density -Residential. Parcels to the south are -also designated.for High Density Residential development. Three options are presented in the General Plan Review. Option 1 con- siders.retention of the existing General Plan and zoning pattern in the study area. Option 2 envisions the ultimate .conversion. of all nine subject parcels to High Density Residential use. Option 3 would encourage the conversion of the narrow,. deep 19th Street parcels to.High Density Residential use but would retain the smaller parcels on Placentia Avenue for Commercial uses. The Planning staff recommended approval of Op- tion 2 which would include a zoning incentive plan using the R2, R3, and R4 zones, to combine lots into. larger building sites. The Planning Commission recom- mended approval of Option 2. Jerry Adams, owner of property at 753, 759, 767, and 771 West 19th Street, expressed opposition to the proposed High Density Residential designation.. Mr. Adams feels this area is not suited to residential development and stated that he is planning to go ahead and develop his property for a high-quality office complex. Mary Hornbuckle, 2221 Raleigh Avenue, representing Mesa West Homeowners Association, also spoke in opposition to the High Density Residential. William G. Miller, 1633 Cornwall Lane., Newport Beach, felt that a com- bination of light commercial and residential would be very suitable if properly planned. There being no other speakers, the Mayor closed the public hearing. After a lengthy discussion, a motion was made by Mayor McFarland to approve Option 2 as recommended by the Planning Commission. This motion died for lack of a second. On motion by Councilwoman Schafer, seconded by Councilwoman Her.tzog,.and carried, Option 1 was approved which retains the existing General Plan and zoning patterns in the study area. Public Hearing The Clerk announced that this was the time and place GP -78-1E. set for the public hearing for General Plan Amendment Housing Element GP -78-1E, Costa Mesa Planning Commission, for.permis- sion to amend the.Housing Element of the General Plan to include policies regarding the conversion of apart- ment developments to.. condominiums. Environmental Determination: Negative Declaration. The Affidavit: of Publication is on file in the Clerk's office. No communications have been received. This amendment was initiated by the Planning Commission in response to a recent revision to the Government Code relating to subdivisions. This revision, Senate Bill 1168, became effective.January 1, 1978. The primary purpose of the Bill is to delete the requirement of General Plan consistency for the conversion of existing structures to condominium projects unless specific standards addressing such conversions are included in the local agency's General Plan. This proposed amendment includes specific policies and programs relating to the provision of adequate housing -opportunities for citizens of Costa Mesa and -the conversion of existing residential units to alternative land uses or ownership relationships. The Planning staff and Planning Commission recom- mended.adoption of the proposed amendment as indicated beginning. on Page 19 of the General Plan Review with one modification on Page 19 under Hous- ing Supply, the first sentence is amended to read, City government.should utilize itslegislative powers to encourage the provision of housing accom- modations which serve all economic segments of the 1 1 community and provide a reasonable range of choice.in terms. of types, price,.des.ign, and location. There being no speakers, the Mayor closed the public hear- ing. On motion by Councilwoman Schafer, seconded by, Vice Mayor Smallwood, the Negative Declaration of Resolution 78-36 Environmental.Impact was adopted, and Resolution 78-36, being A RESOLUTION -OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT'GP-78-1E, AMENDING THE GENERAL PLAN.OF"THE CITY OF COSTA MESA,..was.adopted in accordance with the-Planning.Commission's recommendation, by the fol- lowing roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Extension of set for the public hearing to discuss the City's Westminster intention with regard to the extension of Westminster. Avenue Avenue. The Affidavit of Publication is on file in the Clerk's office. This hearing was initiated in response to a request by Attorney John Corr Saginaw on behalf of his clients, Mr. and Mrs. Keith Hamil- ton, owners of property located at 246 East 16th Street, Costa Mesa, to know the City's intention with respect to the extension of Westminster Avenue .and whether or not the City is willing to purchase the necessary right-of-way dedication from the Hamiltons. The City's policy has been.to require dedication and street improvements as the individual, properties are developed. The City Engineer feels that it would be unfair to the three.properties which have already complied with the City's require= ments, to change this policy at this time. Mr. Hamilton was present in support of his request as well as Jerry Taylor, 1221 Pacific Coast Highway, the real estate agent he has been working with in attempting to sell his .property. Mr. Taylor indi- cated.that several offers were made on the subject property which is zoned R2 with the intention of developing a multi -family project. According to Mr.. Taylor, these offers were withdrawn upon learning of the City's dedication requirements which.would result in the need for a variance to proceed with the proj- ect. Attorney John Saginaw expressed his opinion that because the Hamiltons have been unable to sell .their property.because of the right-of-way dedica- tion requirement, the City should purchase the property from them by condemnation proceedings. Don Huebner, 250 East 16th Street, spoke in favor of closing down Westminster Avenue at 16th Street Web- . ster Smith, 248 East 16th Street, stated that he..has just completed developing his property -including the City's required street improvements. He feels that. if the street is closed, he should be reimbursed for the street improvements he was required to construct. There being no other speakers, the Mayor closed the public hearing. After discussion, on motion by Vice Mayor Smallwood,'.seconded by Councilwoman -Schafer, and carried, the Council concluded that the Precise Plan for Westminster Avenue is still viable and that the City's policy for dedication requirements should be continued. Weed Abatement On motion by Vice Mayor Smallwood, seconded by Coun- cilwoman Schafer, Resolution 78-37, being A RESOLUTION" Resolution 78-37 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Hearing Set FORNIA, DETERMINING AND DECLARING THAT RUBBISH AND 1 1 n The Mayor requested, and the Council Members con- curred, that all future requests for rehearing or appeal, if received after the Agenda deadline, should be placed on the next available Agenda. Oral Charles Ropp, 1373 Garlingford Street, Costa Mesa, Communications expressed his intention to apply..for the vacancy on the Planning Commission. Councilmanic All Council Members extended their welcome to newly - Comments elected Councilwoman Schafer. -Councilman Raciti expressed his desire to pursue the establishment of a Marina Committee and requested that -this item be placed on the April 10, 1978, Study Session Agenda. Mayor McFarland appointed Vice Mayor.Smallwood .to serve as this City's delegate to the SCAG Executive Committee commencing at their next meeting on April 6, 1978, in Los Angeles. Mayor McFarland invited persons interested in being considered for the Planning Commission vacancy to submit their resume to the City Manager's office prior to April 3, 1978. Interviews will be con- ducted after that date. Mayor McFarland appointed a subcommittee consisting of Council Members Hertzog and Schafer to review the applications for Revenue Sharing Funds. WEEDS WHICH BEAR SEEDS OF DOWNY OR WINGY NATURE AND WEEDS WHICH ATTAIN SUCH"A LARGE GROWTH AS TO BECOME A FIRE NUISANCE WHEN DRY, AND WEEDS WHICH ARE OTHER- WISE NOXIOUS OR DANGEROUS'ARE GROWING UPON CERTAIN STREETS, SIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY - IN THE CITY OF COSTA MESA, AND THAT THE SAME ARE A PUBLIC NUISANCE; DIRECTIN& THE FIRE -.CHIEF OR -HIS DESIGNEE TO POST'NOTICES TO REMOVE SAID RUBBISH AND " AES TROY `SAID' WEEDS AS REQUIRED 'BY LAW.;.. FIXING THE TIME •FOR.=HEARING ALL. OBJECTIONS OR PROTESTS AND DIRECTING -THE ABATEMENT THEREOF IN ACCORDANCE WITH DIVISION III OF ARTICLE 1 OF CHAPTER III-, COSTA MESA MUNICIPAL CODE,. setting the public hearing for April 3, 1978, at 6:30 p.m., was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES:. Council Members: None ABSENT: Council Members: None ' Revocation of On motion by Councilwoman Schafer, seconded by Vice ZE-77-14 Mayor Smallwood, and carried, a public hearing was Mc_Clellan/Ca-rolyn- set for April 3, 1978, at 6:30 p.m., to consider the revocation of Zone Exception ZE-77-14, issued Hearing"Set to Tim McCray, Car Care Center and A/C Body.Shop, 1711 Anaheim Avenue, Costa Mesa, for a Conditional Use Permit to operate an auto customizing, detail- ing, restoration, and body shop, in a C2 zone, located at the above address, as requested by prop- erty owner, Rollo McClellan, 2424 Windward.Lane, Newport Beach. This business enterprise is now being operated by Pete Carolyn under the name of Southern California Color. Request"to The Clerk presented a request from Donald E. Huebner, Appeal 250-A East 16th Street, Costa Mesa, representing ZE-78-41 Robert Johnson, to appeal the Planning Commission's Huebner/Johnson denial of Zone Exception ZE=78-41. On motion by Vice Mayor Smallwood, seconded by Councilwoman Hearing Set Schafer, and carried, the request was granted and the hearing date set for April 3, 1978, at 6:30 p.m: The Mayor requested, and the Council Members con- curred, that all future requests for rehearing or appeal, if received after the Agenda deadline, should be placed on the next available Agenda. Oral Charles Ropp, 1373 Garlingford Street, Costa Mesa, Communications expressed his intention to apply..for the vacancy on the Planning Commission. Councilmanic All Council Members extended their welcome to newly - Comments elected Councilwoman Schafer. -Councilman Raciti expressed his desire to pursue the establishment of a Marina Committee and requested that -this item be placed on the April 10, 1978, Study Session Agenda. Mayor McFarland appointed Vice Mayor.Smallwood .to serve as this City's delegate to the SCAG Executive Committee commencing at their next meeting on April 6, 1978, in Los Angeles. Mayor McFarland invited persons interested in being considered for the Planning Commission vacancy to submit their resume to the City Manager's office prior to April 3, 1978. Interviews will be con- ducted after that date. Mayor McFarland appointed a subcommittee consisting of Council Members Hertzog and Schafer to review the applications for Revenue Sharing Funds. Mayor McFarland requested the Planning Director to include the Arnel property°in Specific.Plan SP -78-01, which will be reconsidered by the Council at the meeting of April 3, 1978. Adjournment The Mayor declared the meeting adjourned at 11:45 p.m. Mayor of the City of Cos a' Mesa ATTEST: City Clerk of the City of Cost esa 1 1