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HomeMy WebLinkAbout07/08/1980 - Adjourned City Council Meeting1 1 Roll Call ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA July 8, 1980 The City Council of the City of Costa Mesa, California, met in adjourned regular session on July 8, 1980, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, said meeting having been duly and regularly ordered adjourned from the meeting of July 7, 1980, and a copy of the Notice of Adjournment having been posted as required by law. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Chaplain William Robert Parry, Hoag Memorial Hospital Presby- terian. Council Members Present: Council Members Absent: Officials Present: Schafer, Hall, Hertzog, McFarland, Johnson None City Manager, City Attorney, Director of Public Services, Assistant Planning Director, City Clerk Minutes On motion by Councilwoman Hertzog, seconded by Council - June 14, 169 man McFarland, and carried, the minutes of the special and 18, 1980 meeting of June 14, 1980, the regular meeting of June 16, 1980, and the adjourned regular meeting of June 18, 1980, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, to read all ordi- nances by title only. CONSENT CALENDAR. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, all items in the Consent Calendar were approved in one motion by the following roll call.vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Street'Sweeping A request from David Leighton, President, North Costa Mesa Homeowners Association, 1074 Redding Street, Costa Referred to Mesa, that the City post all streets in Mesa Woods and Traffic in Greenbrook for streets to be cleared on the evening Commission before the streets are to be swept, was referred to the Traffic Commission. Reading Folder The following Reading Folder items were received and processed: Claims The following claims were received by the City Clerk and no action was required: Sheree Freemon; and Attorney Vernon W. Hunt on behalf of Martha Garcia. Public Utilities Notice from the Public Utilities Commission of Commission the filing of Joint Application No. 59750 from Southern California Gas Company and Pacific Lighting Service Company for authorization to continue to submit new and/or revised gas explor- ation and development projects as authorized in the Gas Exploration and Development Adjustment (GEDA) procedure, approved by the Commission in Decision No. 81898, Application No. 53625, issued September 25,1973; 'and Decision No. 88121; Application No. 56471, issued November 22, 1977. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi - Licenses sion: The Newport Fish Company, doing business as. McCormick's Landing, 3180 Airway Avenue; and P.A.P. - J., Incorporated, doing business as Southwood Liquor, 2230 Harbor Boulevard. Alcoholic Beverage License application for which parking has been approved for indoor business only: Country Bill's, 2000 Harbor Boulevard. The City's Planning Division is protesting the application for the recently constructed outdoor dining area which was done without required City End - approvals in violation of Code Sections 13-233(1) Reading Folder and 13-237(3). Business Permits A request from McCormick.'s Landing, 3180 Airway Avenue, Costa Mesa, for a dance permit at that address, was McCormick's Landing approved subject to conditions of the Revenue Division. Encore Restaurant A request from Encore Restaurant, 695 Town Center Drive, Costa.Mesa, for a dance permit at that address, was approved subject to conditions of the Revenue Division. Duncan McIntosh A request from Duncan McIntosh Company, 1760 Monrovia Avenue, No. A-8, Costa Mesa, to promote a boat show at 275 McCormick Avenue, July 12 and 13, 1980, was approved subject to conditions of the Revenue Division. Set for Public The following items were set for public hearing on July Hearing 21, 1980, at 6:30 p.m., in the Council Chambers of City Hall: R-80-06 Rezone Petition R-80-06, Southern California Southern College, 55 Fair Drive, Costa Mesa, for permis- California sion to rezone the southerly 4.46 acres of the College college property from I and R, Institutional and Recreational, and R4 to R3. Environmental Deter- mination: Negative Declaration adopted for Zone Exception ZE-80-75. Off-street Proposed ordinance amending Title 13 of the Costa Parking Mesa Municipal Code concerning off-street parking requirements. Environmental Determination: Neg- ative Declaration. Uses and Proposed ordinance amending Title 13 of the Costa Standards for Mesa Municipal Code amending the permitted uses MG and MP and development standards for the MG and MP Districts Industrial Districts. Environmental Determina- tion: Negative. Declaration. Refund On motion by Councilwoman Hertzog, seconded by Council- man McFarland, a request from Columbia Savings and Loan Columbia Savings Association, 2252 Harbor Boulevard, Costa Mesa, for and Loan refund of a $27,207.00 cash deposit, since improvements have been completed at that address, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT:. Council Members: None Claim - Engelhard On motion by Vice Mayor. Hall, seconded by Councilman McFarland, and carried, the claim of Frederick Englehard Denied was denied. 1 1 Final Map for The Final Map was presented for .Tract 10945; Wellco Tract 10945 - Incorporated, 188 East 17th Street, Costa Mesa; 17 lots; Wellco 1.01 acres, located at 2063 and 2065 Charle Street, for condominium purposes. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the map was approved; the Council did accept on behalf of the City the ingress and egress easement over Lot 1 as dedicated; did also approve said map pursuant to the provisions of Section 66436 (c,)(1) of the Subdivision Map Act; and the Clerk was authorized to sign subject map'on behalf of the City, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Tract 10610 The improvements in Tract 10610, located at 543 West Shapiro Wilson Street, have been completed by Paul and Geraldine Shapiro, developers, 2005 West Balboa Boulevard, Newport Beach, to the satisfaction of the Director of Public Services. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the work was accepted, and a cash deposit in the amount of $4,650.00 was ordered exonerated, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: .None ABSENT: Council Members: None DR -79-53 The improvements in connection with Development Review Ikeda DR -79-53, for.property located at 2624 Newport Boule- vard, have been completed by Makiko Ikeda, 350 Monte Vista Avenue, Costa Mesa, to the satisfaction of the Director of Public Services.. On.motion by Councilwoman Hertzog, seconded by Councilman McFarland, the work was accepted,`and a cash deposit in the amount of $73,500.00 was ordered exonerated, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Notice of Construction of Arlington Drive (North Side) from Completion Junipero Drive to 700 Feet Westerly has been completed Arlington Drive by Porter'Construction Company, Incorporated, 13901 Gershon Place, Santa Ana, to the satisfaction of the Director of Public Services. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the work was accepted; the. Clerk was authorized to file a 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: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Change Order�No. 3 Change Order No: 3, in the amount of $8,736.24, was and Notice of Completion for presented in connection with the Superior Avenue Widen - ing.from Industrial Way to East 16th Street, because of Superior Avenue minor design modifications. Also, the Director of Public Widening Services has recommended acceptance of the work for the subject project which has been completed by Sully -Miller Contracting Company, Post Office Box 432, Orange. On motion by,Councilwoman Hertzog, seconded by Councilman McFarland', Change Order No. 3 was approved; the work was accepted;'the Clerk was authorized to file a Notice of Completion; th-e Labor and Material Bond was ordered exonerated 35 days after the Notice of Completion has been filed; and the Performance Bond was ordered retained for one year after filing the Notice of Completion to guarantee the traffic signals which were installed, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Notice of Installation of Mowing.Strip and Sidewalks at the Civic Completion Center and at Civic Center Park has been completed by` Mowing Strip and Fleming Engineering, Incorporated, 13909 Artesia Boule- Sidewalks at Civic vard, Cerritos, to the satisfaction of the Director of Center and Civic Public,Services. On motion by Councilwoman Hertzog, Center Park seconded by Councilman McFarland, the work was accepted; the Clerk was authorized to file a 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: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Arterial Highway On motion'by Councilwoman Hertzog, seconded by Council - Financing Program man McFarland, Resolution 80-67, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 80-67 ESTABLISHING THE QUALIFICATION OF THE CITY OF COSTA MESA FOR PARTICIPATION IN THE ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM, for Fiscal Year 1980-81, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Reimbursement A reimbursement agreement was presented with Pentridge Agreement with Cove, a limited partnership, 2950 Airway Avenue, Suite Pentridge Cove "B", Costa Mesa, for an approximate amount of $160,000.00, for,construction of a portion of Randolph Randolph Street Street in conjunction with Tract 10626 and Specific Extension Plan SP-78-02...,The City has agreed to pay for design in Tract 10626 - and -construction of the required street and storm drain SP -78-02 improvements in exchange for the granting of right-of- way from the affected properties. On motion by Council- woman Hertzog, seconded by Councilman McFarland, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the follow- ing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Agreement with An agreement was presented with Westland Associates, Westland Associates Limited, of California, 23101 Terra Drive, Laguna Hills, in an amount not to exceed $75000.00, for professional Fairview Road services for stabilization and landscaping of embank - Embankments ments along Fairview Road, north and south of the 405 Freeway. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, 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: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Easements to Two easements to Southern California Edison Company were Edison Company presented, for electrical service to the Downtown Com- munity Center and the Neighborhood Recreation Center. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, the easements were approved, and the 1 1 Mayor and Clerk were authorized to execute the deeds on behalf of the City, by :the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Bid Item 453 "A" Bids received for Bid Item 453 "A", Painting of the Costa Painting of Mesa Golf Course Club House, are on file in the Clerk's Club House office. On motion by Councilwoman Hertzog, seconded by - Awarded to Councilman McFarland, the contract was awarded to Frank Kuchensky Painting Company, 3078 Gibraltar Avenue, Costa Kuchensky Mesa, in the amount of $6,990.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council.Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Bid Item 458 Bids received for4Bid Item 458, One Van with Special One Van with Body, are -on file'in the Clerk's office. On motion by Special,Body Councilwoman Hertzog, seconded by Councilman McFarland, the contract was awarded to Microbus Corporation, 12420 Awarded to Bloomfield Avenue, Santa Fe Springs, in the amount of Microbus $181,564.589 being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Councilwoman Hertzog, seconded by Council - Adjustment 80-55 man McFarland; Budget Adjustment 80-55, in the amount of $400,000.00, to increase the appropriation for the Central Computer Signal System, was approved'by the fol- lowing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Agreement Renewal Renewal of an agreement with Tallmantz Aviation, with Tallmantz Incorporated, John Wayne Airport - Orange County, Santa Aviation- Ana, was presented. The agreement is for servicing, maintaining, and inspecting two Costa Mesa police heli - Helicopter copters N-9278, serial number 0356, and N -9279-F, serial Maintenance number 0357. On motion by Councilwoman Hertzog, sec- onded by Councilman McFarland, renewal of the agreement was approved'in the amount of $38.00 per hour excluding fuel and oil, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Tax Suit - On motion by Councilwoman Hertzog, seconded by Council - Safeway Stores man McFarland, and carried, the County Counsel's office was authorized to represent and defend the City of Costa Mesa's interest in Orange County Superior Court Case No. 31-69-89, Safeway Stores, Incorporated, versus the County of Orange and various cities, pursuant to Cali- fornia Revenue and Taxation Code Section 5149. Warrant On motion by Councilman McFarland, seconded by Mayor Resolution 1110 Schafer, Warrant Resolution 1110, including Payroll 8013, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman McFarland; seconded by Mayor Resolution 1111 Schafer, Warrant Resolution 1111 was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson ..NOES: Council -.Members: None ABSENT: Council Members: None Public Hearing The Clerk announced.that this was the time and place GP -80-2B set for the public hearing.for General Plan Amendment Montejano/Perez GP -80-2B, Rodolfo!Montejano, authorized agent for David Perez, 943 West 18th Street, Costa Mesa, for permission - to amend the land.use designation for property located at that address from Light Industrial to Medium Density Residential. The.Affidavits of Publishing and Mailing are on file in the Clerk's office. A communication has been received -from Howard and Jean Carson, Post Office Box 1223, Newport Beach, owners of property in the subject area, opposing the land use amendment. The Assistant Planning Director reported that a,,court case was pending awaiting the outcome of the Council's deci- sion to grant or deny this request. The applicant had added a second story to an existing nonconforming build- ing without the.benefit of building permits, which resulted in the aforementioned lawsuit by the City. The Assistant Planning Director gave a slide presenta- tion of the subject property and outlined the three options available for Council consideration. Option I - Retains the existing Light Industry General Plan designation and MG zoning. Denial of the applicant's request would lead to the removal of the illegal second - story addition since building permits could not be issued to expand a nonconforming use. The remaining four units could remain'as'nonconforming units until the owner's investment in the structures has been amor- tized or the units are replaced with conforming struc- tures.and uses. Option II - Would redesignate the subject property to Medium Density Residential in con- formance with the applicant's request and would suggest a subsequent rezone to R2. These actions would resolve the current nonconforming use status and would be the first step to legalize the second -story addition. Building permits could be'issued'following approval of a Development Review application and corrections of'any building code violations or deficiencies. Option III - Would require expansion of -the area impacted by the General Plan Amendment to include the subject parcel and the parcels located between 947 and 999 West 18th Street, 1702 and 1790 Whittier Avenue, and 950 to 998 West 17th Street. The Planning staff and Planning Commission recommended approval of Option I which would leave the land use as Light Industrial, its present designation, and deny:the applicant's request. Rodolfo Montejano, attorney for the applicant, 1600 North Broad- way, Santa Ana, spoke:in support of the amendment, during which time slides.Were shown of the subject structure. Mr. Montejano stated that the structure was not incompatible with the area, that the applicant did not intend to build an illegal unit, and that the neighbors did-not'object to the building addition. David Perez, the applicant, was present and spoke in support of his request., Rudolph Wiesler, 981 West 18th Street, Costa Mesa, spoke in support of the amendment an& submitted letters from the following property owners in the area who were in favor of the applicant's request: Frank:Frost; Rudolph Wiesler; V. P. Kinetic .Interface Corporation, 96.5 West 18th Street; and Durkee Pipe and Supply, 925 West .18th Street. Also speaking in:sup.port of the.land use amendment were: Jerry Montgomery, 935 West 18th Street, Costa Mesa; and Charles Perry, 425.East Bay Street, Costa Mesa. Consid- erable discussion followed between the Council and the City Attorney as to the various ways to resolve the problem with the least detriment to the City and to the applicant. There being no other speakers, the Mayor closed the public hearing. A motion was made by Coun- cilman McFarland, seconded by Mayor Schafer, to adopt both the Negative Declaration of Environmental Impact Resolution 80-68 and Resolution 80-68, being A RESOLUTION OF THE CITY Approving Option I COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT GP -80-2B, approving Option I which would retain the Light Industrial land use desig- nation. Discussion continued and Vice Mayor Hall stated that he agreed that Option I should be approved, however, in approving said option, that the illegal addition not be ordered removed. Councilman McFarland amended his motion to include Vice Mayor Hall's suggestion. The amended motion was seconded by Mayor Schafer, and car- ried by -the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, the City Attorney was directed to take the necessary steps to permit the illegal addition to remain on the property for the normal period of amortization for the other nonconforming units. Vice Mayor Hall then amended his motion, seconded by Councilwoman Hertzog, to include that the City Attorney report back to the Council in 30 days with a possible solution and its implications. Further discussion ensued after which time Vice Mayor Hall withdrew the latter motion and amended motion. Councilwoman Hertzog seconded the with- drawal. A new motion was made by Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried, directing the City Attorney to investigate the possibility of allowing the illegal structure to remain and to report back to the Council in 30 days with a possible solution. Public Hearing_ The Clerk announced that this was the time and place set GP -80-2C for the public hearing for General Plan Amendment GP -80- 2C, Costa Mesa City Council, for permission to amend the Park'District Environmental Management System to allow consolidation Consolidation of park districts within the City of Costa Mesa into a citywide zone. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Assistant Planning Director reported that there were three options for implementation of the most appropriate alternative. Option I results in the con- solidation of the existing six park districts to form three new districts. Option II bisects the City into two park districts in an east/west direction. Option III results in'the consolidation of the six existing districts into a single district which would provide the greatest opportunity to allocate in -lieu fees to the specific neighborhood with the greatest need for park services. In the report submitted for Council study entitled, "General Plan Review June 1980", Page 18, the distribution of parkland indicates that District 3, eastside Costa Mesa, and District 6, northeast Costa Mesa, are without sufficient parkland. The Planning staff and Planning Commission recommended approval of Option III. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, sec- onded by Councilwoman Hertzog, the Negative Declaration Resolution 80-69 of Environmental Impact was adopted, and Resolution Approving 80-69, being A RESOLUTION OF THE CITY COUNCIL OF THE Option III CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -80-2C, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, approving Option III, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place set Revision of for the public hearing to consider a proposed ordinance Master Plan of revising the Master Plan of Parks, reducing the number Parks of development zones from six to one, and stating reasons therefor. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Assistant Planning Director advised that the proposed ordinance is necessary to implement Option III of General Plan'Amendment GP -80-2C and will consoli- date the City's six'existing Park Districts into one citywide district. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Ordinance 80-12 McFarland, seconded by Mayor Schafer, Ordinance 80-12, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OF COSTA MESA, ACTING AS EX -OFFICIO BOARD OF DIRECTORS OF THE COSTA MESA PARK AND RECREATION DISTRICT, AMENDING SECTION 12-4 OF THE COSTA MESA MUNICIPAL CODE TO REVISE THE MASTER PLAN OF PARKS AND TO REDUCE THE NUMBER OF DEVELOPMENT ZONES FROM SIX TO ONE, AND STATING REASONS THEREFOR, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place set GP -80-2D for the public hearing to consider General Plan Amend - Southern ment GP -80-2D, Southern California College, 55 Fair California Drive, Costa Mesa, for permission to amend the land use College designation of 1.66 acres, located at the southeast por- tion of said college adjacent to Newport Boulevard, from Public and Semi -Public to High Density Residential. Environmental Determination: Negative Declaration for Zone Exception ZE-80-75. The Affidavits of Publishing and Mailing are on file in the Clerk's office. No com- munications have been received. The Assistant Planning Director reported on the two alternatives which are: Option I. retain the existing Public and Semi -Public designation, leaving the property available for future use options of the college; and Option II, approve the requested amendment to High Density Residential. The Planning staff and Planning Commission recommended approval of Option II because the residential develop- ment of the subject property and the vacant residential .property to the west would be consistent with existing development in.the area. Wayne Kraiss, President of Southern California College, was present and spoke in support of the request. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the Negative Declaration of Environmental Impact was Resolution 80-70 adopted, and Resolution 80-70, being A RESOLUTION OF Approving THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Option II ADOPTING GENERAL PLAN AMENDMENT GP -80-2D, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, approving Option II, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None - ABSENT: Council Members: None Kip Lipper Mayor Schafer introduced Kip Lipper, from the office of Recognized Assemblyman Dennis Mangers, who was in the audience. Public Hearing The Clerk announced that this was the time and place GP -80-2E set for the public hearing of General Plan Amendment 1 1 �1 1 1 GP -80-2E; Costa Mesa City Council, for permission to amend the land use designation for property located at 250 West Wilson Street from Medium Density Residential to Low Density Residential. Environmental Determina- tion: Negative Declaration adopted for General Plan Amendment GP -80-1A. The Affidavits of Publishing and Mailing are on file in the Clerk's office. No communi- cations have been received. The Mayor announced that she had received a letter from James Gregory, 17961 Cowan Street, Irvine, in which he requested that the property remain Medium Density Residential; and that the property be rezoned to R2 subject to the following restrictions: (a) prohibit second -story windows along existing residential property lines, (b) prohibit the development of more than 12 houses, (c) any development over eight houses shall exhibit a total energy conser- vation theme. Mr. Gregory was present and spoke in support of his recommendation because of the shortage of housing in the City, and the need for energy conser- vation. The following persons spoke in support of Mr. Gregory's request: Jack W. Mullan, 2031 Mesa Drive, Santa Ana; William Monteleone, 2257 Columbia Drive, Costa Mesa; Pat Sparrow, 550 Paularino Avenue, Apartment C105, Costa Mesa; Jim Fallgatter, 2045 Sea Cove Lane, Costa -Mesa; Melinda Schall, 3046 Gainsborough Road, Orange; and Doreen Hess, 2705 Cardinal Drive, Costa Mesa; and Jack Polans, 2864 Royal Palm Drive, Costa Mesa. There being no other speakers, the Mayor closed the public hearing. Vice Mayor Hall stated that al- though he liked the project Mr. Gregory had submitted at a previous meeting, there were those residents of single-family dwellings who were opposed to medium density. A motion was made by Vice Mayor Hall, seconded Resolution,80-71 by Mayor Schafer, to adopt Resolution 80-71, being A RESOLUTION OF THE CITY .COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -80- 2E, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, changing the land use designation to Low Density Resi- �dential. After further Council discussion, the Mayor reopened the public hearing. Mr. Gregory suggested that this item be continued until after the Council could accept his invitation to visit his present office which is energy conserving, and again requested that the property remain Medium Density Residential. Mr. Sparrow again spoke.in favor of Mr. Gregory's request that the property not be changed to Low Density Resi- dential, and thereafter the Mayor closed the public hearing. The motion to adopt Resolution 80-71 carried by the following roll call vote: AYES: Council- Members: Schafer, Hall, Johnson, NOES: Council Members: Hertzog, McFarland ABSENT: Council Members: None Recess The Mayor declared a recess at 8:55 p.m., and the meet- ing reconvened at 9:05 p.m. Public Hearing The Clerk announced that this was the time and place set Land Use Element for the public hearing to review the Land Use Element of of General Plan the City of Costa Mesa General Plan. The Affidavit of Publication is on file in the Clerk's office. No com- munications have been received. The Assistant Planning Director reported that this was the third of three ele- ments of the General Plan being presented for Council review. He further advised that on May 1, 1980, copies of the Land Use Element were distributed to other governmental agencies, the State Clearinghouse, home- owners associations, local civic/service organizations, local newspapers, major landowners, and developers. The Cityl's Traffic'Commission and Housing and Community Development Committee also received the subject document for review. Comments received during the public review period and staff responses were submitted to the Council on July 3; 1980. There being no speakers, the Mayor closed the public hearing. A motion was made by Coun= cilman McFarland, seconded by Councilwoman Hertzog, and carried, accepting the Land Use Element of the General Plan as accurate and adequate; and incorporating the comments and responses into the subject document. Public Hearing The Clerk announced that this was the time and place set EIR Guidelines for the public hearing to consider an amendment to the and Procedures City's Environmental Impact Report (EIR) guidelines and alternative procedures for the preparation of Environ- mental Impact Reports. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Assistant Planning Director stated that this item relates to two issues: (1) method of EIR preparation, and (2) revision of the City's EIR guide- lines. He further advised that the State guidelines for implementing the California Environmental Quality Act were amended on May 10, 1980, and as a result, the City's Environmental Impact Report guidelines must be amended accordingly. Reference was made to the document submitted to the Council entitled, "Environmental Impact Guidelines, City of Costa Mesa, Amended - Per State Guidelines - Effective May 10, 1980". The Assistant Planning Director also reported that at the present time the City allows the applicant to select a consultant from an approved list and to contract directly with that consultant for the preparation of Environmental Impact Reports. This method has proven to cause staff difficulty in obtaining adequate EIR.'s. The reluctance of an environmental consultant to present a complete picture of project impacts has resulted in considerable staff time being spent reviewing and revising documents. Discussion followed during which time the Assistant Planning Director answered questions from the Council. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, seconded by Resolution 80-72 Councilwoman Hertzog, Resolution 80-72, being A RESOLU- Adopting Revised TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, EIR Guidelines CALIFORNIA, ADOPTING REVISED GUIDELINES FOR THE IMPLE- MENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members:. None New Method of On further motion by Vice Mayor Hall, seconded by Coun- EIR Preparation cilwoman Hertzog, and carried, staff was directed to develop a new method of Environmental Impact Report preparation by City contracting directly with environ- mental consultants and/or staff preparing said reports. In response to the City Manager's request, the Assistant Planning Director stated this item would be ready for Council review at the Study Session of August 11, 1980. City The Clerk presented'a proposal from Jack Polans, 2864 Notifications Royal Palm Drive, Costa Mesa, that the Council use the Register's clasified section display ads to inform citizens of any activities. Mr. Polans read a prepared statement giving his reasons for his proposal. Mayor Schafer thanked Mr. Polans'and advised that the Council would take his suggestions under consideration. Request to The Clerk presented a request to appeal the Planning Appeal ZE-80-85 Commission's denial of Zone Exception ZE-80-85, from Adessian/Dishner Harry Adessian, 1898 Newport Boulevard, Costa Mesa, representative for Paul Dishner, 440 Fair Drive, Costa Hearing Set Mesa, for a Conditional Use Permit to allow reopening of a gasoline service station with a variance from required street setbacks, located at 2502 Harbor Boulevard, in a Cl zone. Environmental Determination: Exempt. Robert 1 1 1 Graham, City Traffic Commissioner, spoke in opposition to the request because it would jeopardize future bike- ways. The Mayor advised Mr. Graham that if the request for a hearing was granted, he could present his objec- tions at that time. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, Mayor Schafer voting no, the request was granted and a public hearing set for July 21, 1980. Request.to The Clerk presented a request to appeal the Planning Appeal ZE-80-78 Commission's denial of Zone Exception ZE-80-78, from Ed Holiday Inn Fawcett, California'Inn Management, Incorporated, 808 Massachusetts, Lawrence, Kansas, for Conditional Use Hearing Set Permits for proposed expansion of the existing Holiday Inn facilities, and to exceed the 30 -foot height limita- tion with variances from parking, landscaping, and set- back requirements, located at 3131 Bristol Street, in a Cl zone. Environmental Determination: Environmental Impact Report. Rann Thomas, 10919 Wellworth Avenue, Los Angeles, was present and answered questions from the Council. On motion by Vice Mayor Hall, seconded by Mayor Schafer, and carried, the request was granted and public hearings for the Environmental Impact Report and the Zone Exception were set for July 21, 1980. Request for The Clerk presented'a request from Sidney L. Soffer, 900 Public Hearing - Arbor Street, Costa Mesa, for a public hearing to estab- Soffer lish whether or not'his vehicle was legally towed away. The request is also in connection with an administrative Denied decision canceling .a hearing with the City Manager since Mr. Soffer's vehicle had been returned to him. Discus- sion followed concerning clarification as to why the hearing was being requested. On motion by Councilman McFarland, seconded'by Vice Mayor Hall, and carried, Oral the request was denied. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, spoke Communications concerning the following: his request at the Council meeting of May 19, 1980, for citizen participation in' Disaster Plan the City's Disaster Plan before Completion by staff; his report on this subject submitted on the aforementioned date and which was referred to the City Manager for review; his letter submitted at the Council meeting of June 16, 1980, suggesting that the Council direct the City Manager to review his report before completion of the Disaster Plan by staff; and his letter received by the City on June 18, 1980, requesting Council action that his report be reviewed prior to staff completion of said Plan. During the discussion which followed, the City Manager suggested that Council refer the five-page letter from Mr. Polans to him for consideration in the review of the Disaster Plan. In order to expedite matters, Vice Mayor Hall made the motion recommended by the City Manager. The motion died for lack of a second. Councilmanic The Mayor requested that Council review the City's ordi- Comments nance regarding the appeal procedure. Council agreed to Appeal Ordinance review the ordinance at the August 11 Study Session. Redevelopment Mayor Schafer mentioned that the Redevelopment Agency Agency Meeting meeting would be held on July 9, 1980, at 7:30 p.m. Adjournment The Mayor adjourned the.meeting at 10:15 p.m. Mayor of -the City of (Mtl-Mesa. ATTEST: City Clerk of the City of Co�'7aM - The following statement taken from the minutes of July 8, 1980, "On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the request was denied", indicates that there were no members absent, abstaining, or voting No, in other words, all five Council members voted in the affirmative to deny the request. DATED this 20th day of July, 1983. EILEEN P. PHINNEY, City Clerk City of Costa Mesa, California