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HomeMy WebLinkAbout09/04/1979 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA September 4; 1979 The City Council of the City of Costa Mesa; California; met in regular session on September 43, 1979, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor; followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend John Huntley, Newport -Mesa Christian Center. Roll Call Council Members Present: McFarland, Schafer, Raciti, Hertzog, Hall Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Assistant Planning Director, Director of Public Services, City Clerk Minutes On motion by Vice Mayor Schafer, seconded by Council - August 20, 1979 woman Hertzog, and carried, the minutes of the special meeting of August 20, 1979, and the regular meeting of August 20, 1979, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Schafer, and carried, to read all ordinances by title only. Traffic On motion by Councilman Raciti, seconded by Councilman Commission Hall, and carried, Mrs. Virginia Kidder was appointed Appointment to fill the unexpired term of John Connell on the Costa Mesa Traffic Commission, said term to expire on June 30, 1980. CONSENT CALENDAR. The following items were removed frorr the Consent Calendar: Item 2 on the Reading Folder, pertaining to the Vendome Apartments conversion; Item 41 Notice of Intention to Appeal or Solicit for Charitable Purpose from Double Check Retreat to collect reusable household items; and Item 8, an agreement with Donald Douglas for building inspection services was removed_ from the Agenda for consideration at a later date. On motion by Vice Mayor Schafer, seconded by Council- woman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall None None Stop Signs at A letter from Newport Heights/Cliff Haven Traffic 15th Street and Committee, 400 Santa Ana Avenue, Newport Beach, request - Redlands Avenue ing installation of stop signs at the intersection of 15th Street and Redlands Avenue, was referred to the Traffic Engineering Division and Traffic Commission for a report. Redevelopment- On motion by Vice Mayor Schafer, seconded by Council - Agency Annual woman Hertzog, and carried, the Costa Mesa Redevelopment Report - , Agency Annual Report was received and filed. Reading Folder The following Reading Folder items were received and processed: Claim The following claim was received by the City 1 i Clerk and no action was required: Attorney Jeffrey W. Doeringer on behalf of Alvin F. Harris. Orange Coast A resolution from the City of Garden Grove sup - National Urban porting the concept of the proposed Orange Coast Park National Urban Park. S. B. 823 A resolution from the City of Fullerton support - Subdivisions ing Senate Bill 823, which amends the definition Condemnation of subdivision under the Subdivision Map Act to include stock cooperatives. Chino Hills A resolution from the City of Anaheim reaffirming Airport its opposition to the proposed study for the Chino Hills Airport site and urging all cities to Newton for Building Division supervision and coordina- withdraw from their support of said proposal. A. B. 1721 A resolution from the City of Santa Ana support - Retirement ing Assembly Bill 1721 which would authorize of $500.00 per week and term of one calendar month contracting agencies to make retirement benefits for public employees applicable on the basis of employee organization representation and time of one-month periods unless terminated by either party by employment, and urging all cities of the County of Orange to support this legislation. S. B. 462 A resolution from the City of Santa Ana opposing Billboards Senate Bill 462, which prohibits any government entity from causing the removal of any billboard or advertising display unless said entity con- demns the property through eminent domain, and urging all cities of the County of Orange to oppose this legislation. Public Utilities Notice of filing of supplement to application Commission for rate change with the Public Utilities Com- mission by Southern California Edison Company, for authority to increase its energy cost ad- justment billing factors. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi - Licenses sion from: Jojo's Restaurants of California, doing business at 1515 South Coast Drive; Kwang Newman, doing business at 1518 Baker Street; and End - Nazik and Tateos Aristakessian, doing' business at Reading Folder 2136 Placentia Avenue. Neal's Sporting A request from Neal's Sporting Goods, 219 East Fourth Goods Street, Santa Ana, to hold an exhibition of sporting goods at the Orange County Fairgrounds on September 8 and 93 1979, was approved. Forestry A request from the California Department of Forestry Association Employees Association, 180 South Water Street, Orange, to conduct a rodeo at the Orange County Fairgrounds on September 15 and 163, 1979, was approved subject to one condition of the Revenue Division. Set for Public Hearing A proposed Resolution of Necessity to condemn 10 feet of.. land 642 Baker at Street for the Baker Street Widening Baker street Project; owners, Mr. and Mrs. Gene H. Robertson, was Condemnation set for public hearing on September 17, 1979, at 6:30 - Robertson p.m., in the Council Chambers of City Hall. Agreement.- Newton An agreement between the City of Costa Mesa and Victor Newton for Building Division supervision and coordina- Building Division tion, was presented. The agreement stipulates payment Supervisor of $500.00 per week and term of one calendar month which shall be automatically renewed for subsequent one-month periods unless terminated by either party by providing a seven-day notice of cancellation. On motion by Vice Mayor Schafer; seconded by Councilwoman Hertzog, the agreement was approved; and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None ZE-77-169R A request from National Charity League, Newport Chapter, National Charity 114 and 120 East 19th Street, Costa Mesa, for waiver of League a filing fee of $12.50 for renewal of Conditional Use Permit in connection with Zone Exception ZE-77-169R, was presented. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, waiver of the fee was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Final Map for On motion by Vice Mayor Schafer, seconded by Council - Tract 10525 woman Hertzog, Final Map for Tract 10525, The Janes Janes Company Company, 2950 Airway Avenue, Suite D, Costa Mesa, developer, one lot, 4.33 acres, located at the northwest corner of Victoria'Street and College Avenue, for condo- minium purposes, was approved; the Council did also accept on behalf of the public the dedication of Victoria Street for street purposes; did also approve subject map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign said map on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Notice -of The improvements for the Street Maintenance 1978-1979 Completion Project have been completed by Sully -Miller Contracting Company, Post Office Box 432, Orange, to the satisfac- Street Maintenance tion of the Director of Public Services. On motion by 1978-79 Vice Mayor Schafer, seconded by Councilwoman Hertzog, the work was accepted; the Clerk was authorized to file a Notice of Completion; and the bonds were ordered ex- onerated 35 days after the Notice of Completion has been filed, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Notice of Improvements for the Landscape Development of a Portion Completion of TeWinkle Memorial Park have been completed by Harman B. J. Gladd Construction Company, 1231 South La Cienga TeWinkle Park Boulevard, Los Angeles, to the satisfaction of the Director of Leisure Services. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the work was accepted; payment to the contractor of $3,468.28 of the retention funds was approved; the Clerk was authorized to file a qualified Notice of Completion; and the bonds were ordered exonerated 35 days after the Notice of Completion has-been filed, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Notice of Construction of Alley Improvements East of Newport Completion Boulevard and West of Orange Avenue, between 15th and 16th Streets, has been completed by Luz Pina General Alley Improvements Engineering Company, Post Office Box 858; Los Alamitos, On motion by Vice Mayor Schafer, seconded by Council - to the satisfaction of the Director of Public Services. Adjustment On motion by Vice Mayor Schafer, seconded by Council- Adjustment No. 80-03, in the woman Hertzog, the improvements were accepted; the Clerk No. 80-03 was authorized to file a Notice of Completion; and the for expenditures incurred during bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the following roll call development phases of Del Mesa vote: AYES: Council Members: McFarland, Schafer, the following roll call vote: Raciti, Hertzog, Hall - NOES: Council Members: None Members: McFarland, Schafer, ABSENT: Council Members: None Improvements at Construction of street improvements at 16th Street and 16th Street and Aliso Avenue has been completed by Dr. Tom Robinson, Aliso Avenue - 2327 East 16th Street, Newport Beach, to the satisfac- Robinson tion of the Director of Public Services. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, Members: None the improvement`s"were accepted; and Savings Passbook Budget No. 126, in the amount of $6,000.00, was ordered ex- onerated, by the following roll call vote: woman Hertzog, Budget AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall amount of $20,000.00, NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement between the City of Costa Mesa and Mohle- Mohle-Perry Perry and Associates, 2565 East Chapman Avenue, Ful- lerton, was presented. The agreement stipulates a Arlington Avenue payment not to exceed $4,900.00 for engineering ser - Widening vices in connection with widening the north side of Arlington Avenue adjacent to TeWinkle Park, including curb and gutter, and paving to the ultimate width. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement between the City of Costa Mesa and Berry - Berryman and man and Stephenson, Incorporated, 1360 South Anaheim Stephenson Boulevard, Anaheim, was presented. The agreement stip- ulates a payment not to exceed $34,350.00 for engineer - 16th Street and ing services in connection with two separate Capital Anaheim Avenue Improvement Projects: (1) 16th Street Storm Drain Storm Drains budgeted at $110,000.00;`and (2) Anaheim Storm Drain budgeted at $4159000.00. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Vice Mayor Schafer, seconded by Council - Adjustment woman Hertzog' Budget Adjustment No. 80-03, in the No. 80-03 amount of $821800.00; for expenditures incurred during the architectural -and development phases of Del Mesa Park, was approved by the following roll call vote: - AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Vice Mayor Schafer, seconded by Council - Adjustment woman Hertzog, Budget Adjustment No. 8-05., in the No. 80-05 amount of $20,000.00, for Shiffer Park development costs, was approved by the following roll call vote: AYES: Council Members: McFarland; Schafer; Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Reconsideration Item 2 on the Reading Folder, in the Consent Calendar, of ZE-79-68 and was presented, a petition containing 84 signatures of RA -79-08 residents of the Vendome Apartments, 1845 Anaheim Ave - Ragan nue, requesting reconsideration by the Council of their denial of Zone Exception ZE-79-68, Redevelopment Action Denied RA -79-08, to convert apartment units to condominiums, stating that the denial was depriving them of the oppor- tunity to purchase. Also received was a sealed envelope containing the opinions of the residents. David Colgan, 4100 MacArthur Boulevard, Newport Beach, attorney for the owners of the apartments, Mr. and Mrs. Terrance Ragan, spoke in support of the tenants.' request, stating that the sealed envelope contained 74 from a total of 78 Ordinance 79-22 votes in favor of converting the units to condominiums. First Reading Considerable Council.discussion followed concerning the low vacancy factor within the City and Councilwoman Hertzog suggested that consideration be given to the percentage of tenants who wish to purchase units in the complex being considered for conversion by the Council. A motion was made by Councilman Hall, seconded by Coun- cilwoman Hertzog to rehear the item. The motion failed to carry, Council Members McFarland, Schafer, and Raciti voting no. Business Permit Item 4 on the Consent Calendar, Notice of Intention to Appeal or Solicit for Charitable Purpose from Double Double Check Check Retreat, Post Office Box 6393, Hemet, to collect Retreat reusable household items for'sale at their thrift store, September 5 through December 31 1979, was pre - Denied sented. Councilwoman Hertzog expressed concern with the information that only 51 percent of the contributions go to the charitable purpose. On motion by Councilwoman End - Hertzog, seconded by Vice Mayor Schafer, and carried, Consent,Calendar -the request was denied. Proposed Franchise The Clerk presented from the meeting of August 20, 1979, Tow Ordinance a proposed ordinance concerning towing services operat- ing within the City of Costa Mesa. The City Manager summarized the contents of the ordinance as outlined in the memorandum and Summary Document dated August 28, 1979. Cynthia Garrett, 4343 Von Karman Avenue, Newport Beach, attorney for Mesa Tow, Incorporated, referenced her letter to the Council dated August 23, 1979, stating that the proposed ordinance should not exclude require- ments for.commercial towing services such as vehicle repair shops. The Assistant to the City Manager responded that the suggestions made in Ms. Garrett's letter have been considered and will be incorporated by amending Section 9-272. On motion by Councilman Hall, Ordinance 79-22 seconded by Councilwoman Hertzog, Ordinance 79-22, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING CERTAIN TOWING SERVICES OPERATING WITHIN THE CITY OF COSTA MESA, was given first reading, stipulating that the proposed amendment to Sec- tion 9-272 and the addition of insurance requirements be incorporated in the ordinance prior to second reading and adoption. The motion carried by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Landscaping The Clerk presented for second reading and adoption Requirements Ordinance 79-18 concerning landscaping requirements and standards within the City of Costa Mesa. Frank Fossati, 511 Brookhurst Street, Anaheim, requested information. 1 1 LJ fedi on the use of artificial plants and ground cover, and the Development Services Director explained the require- ments of the ordinance in this regard. On motion by. Mayor McFarland, seconded by Vice Mayor Schafer, Ordi- Ordinance 79-18 nance 79-183, being AN ORDINANCE OF THE CITY COUNCIL OF Adopted THE CITY OF COSTA MESA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE ADOPTING LANDSCAPING REQUIREMENTS AND STANDARDS FOR ALL DISTRICTS, EXCEPT R1, was given second reading and adopted by the following roll call vote: AYES: -Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None R-79-07 On motion by Councilman Raciti, seconded by Vice Mayor Jordan/Ward Schafer, Ordinance 79-193, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY.OF COSTA MESA, CALIFORNIA, Ordinance`79-19 CHANGING THE ZONING OF A PORTION OF LOT 1, TRACT NO. 99 Adopted FROM C1 TO R3, was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None R-79-09 On motion by Vice Mayor Schafer, seconded by Councilman Raciti, Ordinance 79-203, being AN ORDINANCE OF THE CITY Ordinance 79-20 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING Adopted THE ZONING OF LOTS 659 66, and 673, TRACT 57, FROM AP -CP TO R2 AND C1, was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None HCDC On motion by Councilwoman Hertzog, seconded by Council - Reappointments man Raciti, and carried, the following Housing and Community Development Committee members were reappointed for two-year terms which will expire on September 6, 1981: Jorge Alvarez, Sally Velie, and Yvonne Bagstad. Warrant On motion by Councilwoman Hertzog, seconded by Vice Resolution 1080 Mayor Schafer, Warrant Resolution 1080, including Payroll 7917, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman Raciti, seconded by Vice Mayor Resolution 1081 Schafer, Warrant Resolution 1081 was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Senior Citizens The City Attorney presented an addendum to the Disposi- Housing Project tion and Development Agreement of December 6, 1978, between the City of Costa Mesa, the Costa Mesa Redevel- opment Agency, and Sinee and Robert Coles, in connection with the proposed Senior Citizens Housing Project. The addendum provides for the participation of Casa Bella, a California general partnership, composed of Milton B. Wolff and Robert Coles as general partners, in the subject project. Also presented was a proposed resolu- tion authorizing the execution of a Grant Deed, and a Notice and Declaration of Land Use Restriction, the latter being furnished for information only with no Council action required. A motion was made by Vice Mayor Schafer, seconded by Councilwoman Hertzog, to approve the agreement. Robert Coles, 701 West 16th Street; Costa Mesa; was present and stated that he and Milton Wolff had first seen the documents late in the day and,that they would require additional time to obtain legal advice regarding the addendum. Michael Casciola, attorney for Robert Coles, suggested that the concept of the transfer be approved with the documents finalized on September 5; 1979; after the attorneys for the City and the Casa Bella partnership discuss any possible amendments. Vice Mayor Schafer amended her previous motion, seconded by Councilwoman Hertzog, to approve the agreement subject to changes or amendments as recommended. The amended motion carried by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council, Members: None Resolution 79-111 On motion by Councilwoman Hertzog, seconded by Vice Authorizing Mayor Schafer, Resolution 79-111, being A RESOLUTION OF Grant Deed THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE GRANT DEED, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Executive At 7:45 p.m., the Mayor adjourned the meeting to an Session Executive Session in the City Clerk.'s office for the purpose of discussing employee salaries. The meeting reconvened in the Council Chambers at 8:10 p.m. Memoranda of The City Manager presented a Memorandum of Understanding Understanding between representatives of the City of Costa Mesa and the Public Employees Union, Teamsters Local 911, cover- ing salary adjustments, City contributions to medical, long term disability and/or dental coverage, and condi- tions of employment for Fire Department classifications of Firefighter, Firefighter Specialist, and Fire Captain. Also presented was a Memorandum of Understand- ing between representatives of the City of Costa Mesa and the Costa Mesa Employees Association covering salary adjustments, City contributions to medical, long term disability and/ or dental coverage, and conditions of employment for classifications in the Clerical, Mainte- nance, and Professional/Technical Units. On motion by Vice Mayor Schafer, seconded by Councilman Hall, and carried, the Memorandum of Understanding with Teamsters Local 911 was received and filed. On'motion by Council- man Hall, seconded by Vice Mayor Schafer, and carried, the Memorandum of Understanding with the Employees Association was received and filed. Employees The City Manager presented a proposed resolution to Salaries implement salary adjustments for maintenance, clerical, technical/professional, and Fire Department employees, representing increases between 9 and 11 pay ranges. On motion by Vice Mayor Schafer, seconded by Councilman Resolution 79-112 Hall, Resolution 79-1123, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,ESTABLISHING THE BASIC PAY SCHEDULE, ESTABLISHING THE RATES OF PAY FOR CLASSIFICATIONS AND EMPLOYEES PLACED UNDER THE BASIC PAY SCHEDULE, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None J r� i Executive The City Manager presented a proposed resolution to Salaries implement salary adjustments for Executive Personnel with increases comparable to the aforementioned City employees. On motion by Councilman Hall, seconded by Resolution 79-113 Vice Mayor Schafer, Resolution 79-113, being A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, ESTABLISHING RATES"OF PAY FOR EXECUTIVE PERSONNEL, adding the City Manager's classification for an increase to Pay Range Number 197, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Tax Rate Resolution On recommendation by the City Manager, a proposed tax Removed from Agenda rate resolution was removed from the Agenda. Vehicle Parking On motion by Councilwoman Hertzog, seconded by Vice Districts 1 and 2 Mayor Schafer, Resolution 79-114, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 79-114 REQUESTING THAT THE AUDITOR-CONTROLLER OF THE COUNTY OF ORANGE DISTRIBUTE TO VEHICLE PARKING DISTRICT NUMBERS ONE AND TWO OF THE CITY OF COSTA MESA THEIR PROPORTION- ATE SHARES OF THE SPECIAL DISTRICT AUGMENTATION FUND, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Presentation Eugene Bergron, Costa Mesa businessman, presented to the Council a copy of prose entitled "Class" and read it aloud. Public Hearing The Clerk announced that this was the time and place set ZE-79-21A for the public hearing .for Council review of`the action Baine/Ong taken by the Planning Commission for Zone Exception ZE-79-21A, J. Thomas Baine, authorized agent for Ivy K. Ong, 2126 Main Street, Suite 275, Huntington Beach, for a request for a variance to deviate from the requirement to preserve natural features (bluff line) in conjunction with review of a previously approved Conditional Use Permit for development of a 14-unit condominium project at 2231 Pacific Avenue, in an R2 zone. Environmental Determination: Negative Declaration. The Affidavits of Publishing and Mailing are on file in the Clerk's office. No communications have been received. The City Attorney reported that the City had been served a Sum- mons and Complaint earlier in the day in connection with this project, said complaint being Orange County Superior Court Case No. 31-97-72 for injunction and damages. The City Attorney also advised the Council of their-prerogative to discuss the law suit in Executive. Session at any time prior to, or after hearing from the applicant. The Development Services Director summarized the history of the project which was initiated when the property was located within County boundaries. The County approved the 14-unit condominium and Tentative Tract Map with the City's consent if project did not ex- tend over the bluff line, and the City annexed this area approximately one month later. Thereafter, the follow- ing actions were taken: Rezone Petition approved by the Planning Commission on February 26, 197.9; permits issued for retaining wall but site plan only showed ground floor and did not indicate projection of the second floor or support columns; building permits obtained on April 30, 1979; and on July 19, 1979, con-' struction on the rear building was ordered stopped when staff found that the second story extended over the top of the bluff and that support posts appeared to be putting stress on a retaining wall; and thereafter, the matter was brought before the Planning Commission on July 23, 1979, and'a public hearing was set. At the public hearing of August 13, 1979, the developer pre- sented revised plans and the project was approved based on the following findings: (a) The project, with satis- factory completion of all original and additionally suggested conditions, will not be hazardous to subject or surrounding properties; and (b) Overall impact of the retaining wall cannot yet be determined, and the wall should be retained only if it is proven that the maximum safety is obtained through retention or that retention will not be detrimental to subject property. Approval was based on seven conditions, the first four of which conerned fencing, landscaping and irrigation, geological and structural engineering reports, and soils engineering report. The next three conditions were added at the August 13, 1979, public hearing and were as follows: (5) No portion of buildings shall encroach to within five feet of the bluff line or retaining wall line; (6) Conditions 1 through 5 shall be completed prior;to the resumption of construction; and (7) Although the retaining wall disturbs the natural bluff line which the City is trying to preserve, removal of the wall would be detrimental to the bluff, and screening the wall with landscaping will mitigate adverse impacts. Also that applicant shall provide appropriate landscaping in front of the retaining wall to screen the wall:and include additional fill that may be recommended by the geologist under the direction of the -Planning Division. The Development Services Direc= tor also showed several slides of the subject property from various angles. Bill Anderson, attorney for the applicant, was present to answer questions from�the Council and stated that his client was willing to comply with all conditions except Condition No. 5 because the second story had already been framed and the plumbing installed. He suggested that only the lower level be set back five feet from the bluff line but that the second floor should be allowed to extend up to the retaining wall. Tom Baine, 501 North Golden Circle Drive, Santa Ana, project engineer and authorized agent for the developer,;and Dennis Cherry, architect, were also present and responded to the many questions the Council had concerning the revised plans. Considerable time was spent discussing and reviewing the plan revi- sions. Veronica Rhodes, owner of property at 2225 Pacific Avenue, which is south of the subject project, spoke in opposition to the rear building encroaching into the five-foot setback required by the City's ordi- nance. She also expressed concern over possible erosion to her property because of the proposed drainage for the project. Lucille Haun,.2239 Pacific Avenue, whose property is located to the north of the subject project, refuted Mr. Anderson's earlier statement that the second story framing was completed. She indicated that to her knowledge, framing had not been done. Julie Horgaard, 2170 Pacific Avenue, asked about the space required for fire equipment access, and also asked if it would be a concern to the City if Mrs. Rhodes' conten- tion is correct that the developer of this project had filled in 15 feet on the subject property. The Develop- ment Services Director responded that a map provided on August 10, 1979; showed that there had once been a 20 -foot indentation. There being no other speakers, the Mayor closed the public hearing. The Mayor"declared Recess a recess at 10:30 p.m., and the meeting reconvened in Executive Session at 10:35 p.m. in the first floor Executive Conference Room to`discuss the litigation involved with Session this project. The regular meeting reconvened in the Council Chambers at 11:00 p.m. In response to questions from -the City Attorney and Councilman Hall, Mr. Anderson stated that the law suit would be dropped if the project 1 1 1 �) 3 was approved; and that no portion of the first floor nor the southerly corner of Unit 9 on the second floor would Public Hearing The Clerk announced that this was the time and place set Appeal ZE-79-105 for the public hearing for appeal of the Planning Com- Fossati/Shell Oil mission's denial to retain the 25 square foot building sign in connection with Zone Exception ZE-79-105, from Denied Frank R. Fossati, Shell Oil Company, 511 Brookhurst encroach within five feet of the retaining wall. Also, Mayor McFarland verified with Mr. Anderson that no por- tion of the second story would extend over the wall or bluff line. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, Councilman Raciti voting,no, the Negative Declaration of Environmental Impact was adopted, and based on the findings and evalu- ation of Planning staff and recommendations of the Planning Commission, the revised plans for the project were approved subject to all conditions as recommended by the Planning Commission, with Condition No. 5 amended to read: No portion of the first floor nor the souther- ly corner of Unit 9 on the second floor shall encroach within five feet of the wall or bluff line, and the remaining portion of the second floor shall not extend beyond the wall or bluff line. Public Hearing The Clerk announced that this was the time and place set ZE-79-89 for the public hearing for Council review of the condi- Hendrickson/Adsit/ tions imposed by the Planning Commission in approving. Nelson Zone Exception ZE-79-89, Paul Hendrickson and Douglas Adsit, authorized agents for Leon Nelson, 115 Kings Place, Newport Beach, for a variance from front setback requirements to allow construction of a glass windbreak around an existing patio located at 330 East 17th Street, in a C2 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the Clerk,'s office. No communications have been received. The Assistant Planning Director referred to the Staff Report for this project pointing out that findings of the Planning staff were as follows: (a) The addition of the patio increases the occupancy of a building which already has inadequate parking; and (b) There are no unusual circumstances which would warrant waiving the landscaping requirement for the front setback area. The Planning Commission recommended approval based on findings that a letter provided by Ralphs Market agree- ing to off-site parking for the subject use would offset the increased parking need; adequate conditions have been imposed to alleviate any potential advantage so that approval does not constitute granting of a special privilege. The staff recommended 11 conditions and the Planning Commission made the following amendments on July 23, 1979: Delete Conditions Nos. 3 and 4 regarding landscaping; Condition No. 1 was amended to read, "Planter boxes with decorative planting shall be installed under direction of the Planning Division; and Condition No. 12 was added which stipulates, "Maximum height of'the proposed glass screen shall be' five feet, measured from the patio floor. Douglas Adsit was present to answer questions from the Council and spoke in opposition to Conditions 10 and 11 concern- ing land dedication. He also stated that a five-foot screen would not be adequate and requested that an eight -foot screen be considered for approval. There being no other speakers, the Mayor closed the public hearing. Based on the findings and evaluations outlined in the Staff Report, a motion was made by Councilman Hall, seconded by Councilwoman Hertzog, and carried, Councilman Raciti voting no, approving the project subject to all conditions as recommended by the Plan- ning Commission with Condition No. 12 amended to read, "Maximum height of the proposed glass screen shall be eight feet, measured from the patio floor". Public Hearing The Clerk announced that this was the time and place set Appeal ZE-79-105 for the public hearing for appeal of the Planning Com- Fossati/Shell Oil mission's denial to retain the 25 square foot building sign in connection with Zone Exception ZE-79-105, from Denied Frank R. Fossati, Shell Oil Company, 511 Brookhurst 1 1 1 Street, Anaheim; for a Planned Signing Program for all Shell service stations within the City of Costa Mesa. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the Clerk's office. No communications have been received. Frank Fossati was present and spoke in support of allowing the above -roof chimney signs to remain because of the high cost of removing same. There being no other speakers, the Mayor closed the public hearing. Based on the findings, evaluations., and recommendations out- lined in the Staff Report, a motion was made by Council- man Hall, seconded by Vice Mayor Schafer, and carried, denying the request to retain above -roof signs. Public Hearing The Clerk announced that this was the time and place Appeal ZE-79-106 set for the public hearing to consider the appeal of Fossati/Baco Conditions 1, 33% 4, 7, and 8 imposed by the Planning Commission, relating to land dedication, in connection Denied with Zone Exception ZE-79-106, from Frank R. Fossati, authorized agent for Baco, Incorporated, 419 East 17th Street, for a Conditional'Use Permit to add a canopy to an existing service station located at 3045 Bristol Street, in a C1 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the Clerk's office. No communications have been received. Mr. Fossati stated that the owner did not want to dedicate land'and that the City's ordinance governing dedication is outdated, unfair, and adversely affects the modernization of the City. There being no other speakers, the Mayor closed the public hearing. Based on the findings, evaluations, and recommendations outlined in the Staff Report, a motion was made by Councilman Hall, seconded'by Councilman Raciti, and carried, Councilwoman Hertzog voting no, denying the request to delete Conditions 1, 3, 4, 7, and 8. Public Hearing The Clerk announced that this was the time and place Appeal ZE-79-107 set for the public hearing to consider the appeal of Fossati/Rischard Conditions 1, 3, 5, 6, and 7 imposed by the Planning Commission relating to land dedication, in connection Denied with Zone Exception ZE-79-107, from Frank R. Fossati, authorized agent for Maureen and Theodore Rischard, 511 North Brookhurst Street, Anaheim, for a Conditional Use Permit to add a canopy to an existing service station located at 1201 East Baker Street, in a C1 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the Clerk's office. No communications have been received. Frank R. Fossati stated that relocation of the pumps if land is dedicated would:be extremely costly for the owner. Mr. Rischard, 18901 East Dodge Avenue, Santa Ana, was present and stated that he had already dedicated land to the City for the Fairview Road widening and felt that the dedication requested in connection with this project was unfair. In reponse to Councilwoman Hertzog.'s inquiry,'the City Manager stated that if Mr. Rischard does not dedicate the land at this time, and that portion of the property is condemned at the time street widening is done, then the City must pay reloca- tion costs. Wayne Hunter', resident of the City, spoke in support of Mr. Rischard'.s request to delete land dedication requirements for this project. There being no other speakers, the Mayor closed the public hearing. Based on the findings, evaluations, and recommendations outlined in the Staff Report, a motion was made by Mayor McFarland, seconded by Councilman Raciti, and carried, denying the request to delete Conditions 1, 3, 5, 6, and 7. Public Hearing The Clerk announced that this was the time and place set Mini -storage for the public hearing to consider a report on public Facilities mini -storage facilities in the City of Costa Mesa, and a 1 1 1 proposed urgency ordinance extending the effect'of Ordi= Oral Wayne Hunter, resident of'the City, spoke again concern - Communications ing the Council's denial to reconsider conversion of the Vendome Apartments, 1845 Anaheim Avenue, to condominiums ZE-79-68 inasmuch as there were no objections voiced. He further Vendomestated that the conversion might be helpful in improving Apartments the west side of the City. nance 79-6 prohibiting the processing of applications for public mini -storage uses within the City. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Councilman Raciti, and carried, the staff was directed to prepare an ordinance governing mini -warehouse uses within the City of Costa Mesa. On further motion by Councilman Urgency Hall, seconded by Vice Mayor Schafer, Ordinance 79-23,, Ordinance 79-23 being AN ORDINANCE OF THE'.CITY COUNCIL OF THE CITY OF Adopted COSTA MESA, EXTENDING THE'EFFECT OF ORDINANCE 79-6 PROHIBITING THE PROCESSING OF APPLICATIONS FOR PUBLIC MINI -STORAGE USES WITHIN THE CITY OF COSTA MESA ADOPTED AS AN URGENCY ORDINANCE AND SETTING FORTH THE REASONS THEREFOR, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Kemper Golf The Clerk presented for consideration, advertisement by Tournament the City in the program for the Annual Women's Kemper Open Golf Tournament. The advertisement and a letter. from the City will'appear,on the inside front cover of the program, at a cost of $2,250.00. Vice Mayor Schafer stated that the proceeds ;for the advertisements in the program are donated for charitable purposes. On motion by Vice Mayor Schafer, seconded by Councilman Raciti, the City Manager was directed to prepare the advertise- ment page for Council approval, and City Promotional and Advertising funds in the amount of $2,250.00 were authorized, by the'following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: Hertzog ABSENT: Council Members: None Request to The Clerk presented a request.to appeal the Planning Appeal ZE-79-49 Commission's decision in connection with Zone Exception Heath/La Quinta ZE-79-49, Heath and Company, 3225 Lacy Street, Los Angeles, authorized agent'for La Quinta Motor Inns, Hearing Set Incorprated, Post Office Box 32783, San Antonio, Texas, for a Planned Signing Program for property located at 15033% 1507, and 1515 South.Coast Drive, in a CL zone. Environmental Determination: Exempt. A letter has been received from Mr. L. K. Wallin. of Heath and Company advising that he would not be able to attend the Council meeting to speak in support of the request. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, the request was granted and a public hearing was set for September 17, 1979, at 6:30 p.m., in the Council Chambers of City Hall. EP -79-04 The Clerk presented Encroachment Permit EP -79-04, Karl Karcher Karcher Enterprises, authorized agent for the Bank of California, 1401 Dove Street, Newport Beach, to, allow retention of parking and other improvements in the pub- lic right-of-way, for property located at 279 East 17th Street, in a C1 -S zone. Environmental Determination: Exempt. Bob Holden, representative from Karl Karcher Enterprises, was present and agreed to all conditions. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, the permit was approved subject to all conditions as recommended by the Planning Commission. Oral Wayne Hunter, resident of'the City, spoke again concern - Communications ing the Council's denial to reconsider conversion of the Vendome Apartments, 1845 Anaheim Avenue, to condominiums ZE-79-68 inasmuch as there were no objections voiced. He further Vendomestated that the conversion might be helpful in improving Apartments the west side of the City. Councilmanic Councilman Hall asked if the delay of the next element Comments of the City's General Plan will affect the local coastal plan.and submission at the proper time, to which the General Plan Assistant Planning'Director responded that it would not. Executive Session Councilman Raciti requested that an Executive Session be held shortly and the Council agreed to the date of September 13, 19799' at 8:00 a.m. Adjournment At 12:55 a.m.; the Mayor adjourned the meeting to an Executive Session on Thursday, September 13;'1979; at �. 8:00 a.m., in the May or's`Office, City Hall. Mayor of the City oT Costa Mesa ATTEST: City" Clerk of the City of Costa sa 1 1