Loading...
HomeMy WebLinkAbout12/01/1980 - City Council128 Roll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF. COSTA MESA December 1, 1980 The City Council, of the City of Costa Mesa, California, met in regular session on December 1, 1980, 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 Charles D. Clark, First Methodist Church. Council Members Present: Schafer, Hall, Hertzog, McFarland, Johnson Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk Minutes On motion by Vice Mayor Hall, seconded by Councilman November 17, 1980 Johnson, and carried, the minutes of the regular meeting of November 17, 1980, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, to read all ordinances by title only. CONSENT CALENDAR. On motion by Councilman McFarland, seconded by Councilman.Johnson, 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 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: Douglas M. Holmes; Mark S. Forbes; Attorney Robert E. Perkins, Jr., on behalf of Eugene L. Powell; Anne McCarland of Select Properties, on behalf of Patricia E. and Fortunato F. Cataldo; Mrs. M. A. Iannelli, on behalf of Linda Iannelli, a minor; and Application for Leave to Present a Late Claim from Attorney Donald S. Wallace, on behalf of himself and his wife, Niki Wallace. Alcoholic Alcoholic Beverage License Applications for which Beverage parking has been approved by the Planning Divi - Licenses sion: Johanna Florence Chaney, doing business as Carole's, 810-12 West 19th Street; Ruth Ann McConahey and Wallace V. McConahey, Jr., doing business as Costa Mesa Florist, 117 Broadway; and Nan L. Berrill, doing business as Nan's, 2052 Newport Boulevard, Suite 15. Public Notice from the Public Utilities Commission of Utilities filing of Application No. 60075 by Southern Cali - Commission fornia Edison Company, for authority to modify its energy cost adjustment billing factors. fl ri Convalescent Notice from the Orange County Public Health and Transportation Medical Services, 515 North Sycamore Street, Services Santa Ana, of proposed regulations for convales- cent transportation services. Freeway Resolution from the City of Tustin, endorsing Landscaping landscaping for the Newport -Costa Mesa Freeway. HCDA Funds Letter from Glenn Nichols, 686 West 18th Street, Costa Mesa, opposing a grant of.$6,000.00 from Housing and Community Development (HCDA) funds, to. Catholic Social Services for Hispanic informa- End - Reading tional services, which was approved by Council on Folder ' November 17, 1980. Rehearing and On motion by Councilman McFarland, seconded by Council - Appeal Fees man Johnson, Resolution 80-112, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 80-112 ESTABLISHING FEES FOR REHEARINGS AND APPEALS, PURSUANT TO SECTION 2-307 OF THE COSTA MESA MUNICIPAL CODE, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Conference On motion by Councilman McFarland, seconded by Council - Advances man Johnson, two Conference Advances in the amount of $255.00 each, for a police officer and police lieutenant to attend the California Homicide Investigation Seminar in San Jose, January 13 through 16, 1981, were approved by the following roll call vote AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None HCDA Grant for The Housing and Community Development Committee (HCDC) "The Villa" has requested authorization to allocate a grant of $5,250.00 from the City's HCDA contingency account to assist "The Villa", a nonprofit organization, which provides services to women recovering from alcoholism. The facility, located at 910 North French Street, Santa Ana, has been serving the Orange County area, including clients from Costa Mesa, for a number of years. On motion by Councilman McFarland, seconded by Councilman Johnson, the request was approved, and authorization was given to execute a secondary recipient agreement, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Contract Increase The Director of Public Services has requested authori- - Bein and Frost zation for an increase of $6,000.00 to the contract with Robert Bein, William Frost and Associates, Post Office Channel Crossings Box 2590, Newport Beach, in connection with engineering on Baker Street inspection services for construction of reinforced con= and on Paularino crete box culvert channel crossings on Baker Street and Avenue on Paularino Avenue. The increase is being requested because of concrete strength problems and a need for higher level technical inspection necessary to ensure conformance with specifications. On motion by Council- man McFarland, seconded by Councilman Johnson, the requested increase was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None �f. Tract 10277 - Improvements in Tract 10277 have been completed to the McLain satisfaction of the City Engineer by McLain Development Development Company, 1470 Jamboree Road, Newport Beach, for property located in the general area of Fairview Road and South Coast Drive. On motion by Councilman McFarland, sec- onded by Councilman Johnson, the work was accepted, and the bonds were ordered exonerated, by the followingroll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Tract 10278 - Improvements in Tract 10278 have been completed to the McLain satisfaction of the City Engineer by McLain Development Development Company, 1470 Jamboree Road, Newport Beach, for property located in the general area of Fairview Road and South Coast Drive. On motion by Councilman McFarland, sec- onded by Councilman Johnson, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Tract 10445 - Improvements in Tract 10445 have been completed to the Biddle satisfaction of the City Engineer by Biddle Development Development Company, 17701 Mitchell North, Irvine, for property located north of Baker Street between Bear and Babb Streets. On motion by Councilman McFarland, seconded by Councilman Johnson, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson None None Tract 10632 - Improvements in Tract 10632 have been completed to the Olrich satisfaction of the City Engineer by Earl S. Olrich, 2881 Europa Drive, Costa Mesa, for property located at 249 Ogle Street. 'On motion by Councilman McFarland, seconded by Councilman Johnson, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Final Map for The Final Map and a Subdivision Agreement were presented Tract 11147 - for Tract 11147, Beechwood Development, Incorporated, Beechwood 2701 Ocean Boulevard, Corona del Mar; one lot, 0.64 -acre, Development for property located at 2277 Pacific Avenue, for condo- minium purposes. On motion by Councilman McFarland, seconded by Councilman Johnson, the map was approved; the Council did accept on behalf of the City, an ingress - egress easement for emergency vehicle purposes over Lot One; did also approve subject map pursuant to the pro- visions of Section 66436 (c)(1) of the Subdivision Map Act; the Clerk was authorized to sign said map; and the Mayor and Clerk'were authorized to execute the Subdivi- sion Agreement 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 Negotiation for On motion by Councilman McFarland, seconded by Council - Used Vehicles man Johnson, the Purchasing Agent was authorized to L 1 1 negotiate purchase of two 1980 the following roll call vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: mid-sized vehicles, by Schafer, Hall, Hertzog, McFarland, Johnson None None Business Permits Notice of Intention to Appeal or Solicit for Charitable Purpose from Center for Creative Alternatives, 132 East Creative 18th Street, Costa Mesa, by requesting contributions by Alternatives mail, from December 1, 1980, to March 1, 1981, was approved with application of Section 9-234J of the Mun- icipal Code. Purple•Heart Notice of Intention to Appeal or Solicit for Charitable Veterans Purpose from Purple Heart Veterans Rehabilitation Ser- vices, Incorporated, 555 East Ocean Boulevard, Suite 225, Long Beach, by door-to-door solicitation of useable discarded clothing and miscellaneous houshold items, End of from January 1 through December 31, 1981, was approved Consent Calender with application of Section 9-234J of the Municipal Code. R-79-12 On motion by Vice Mayor Hall, seconded by Councilman Sewell Johnson, Ordinance 79-21, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 79-21 CHANGING THE. ZONING OF A PORTION OF LOT 504, NEWPORT Adopted MESA TRACT, FROM R2 TO R3, in connection with Rezone Petition R-79-12, Richard Sewell, for property located at 666 West 18th Street, was given second reading and adopted 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 Councilwoman Hertzog, seconded by Council - Resolution 1125 man McFarland, Warrant Resolution 1125, including Payroll 8024, 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 Councilwoman Hertzog, seconded by Council - Resolution 1126 man McFarland, Warrant Resolution 1126 was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Local Coastal The City Manager requested authorization to direct a Plan for Newport letter to the City of Newport Beach concerning that Beach city's Local Coastal Plan (LCP), which is to be con- sidered by the Newport Beach City Council at their meeting of December 8, 1980. The subject letter will address two issues: (1) Urging the Newport Beach City Council to include the extension of University Drive under Policy No. 1, Circulation Section; and (2) Revised wording in connection with Policy No. 14, proposed West Newport Beach/Costa Mesa Marina. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, and car- ried, the Mayor was authorized to forward subject letter to the City of Newport Beach. Public Hearing The Clerk announced the public hearing, continued from Appeal of ZE-80-111, the meeting of November 17, 1980, to consider the appeal Gianulias/Bristol of the Planning Commission's denial of Zone Exception Plaza ZE-80-111, from James Gianulias, Post Office Box 2990, 1 Newport Beach; authorized agent for Bristol Plaza; for Referred Back a Conditional Use Permit to exceed two stories in a Cl to Planning zone; for property located southeast of the San Diego Commission Freeway and Bristol Street. Environmental Determina- tion: Environmental Impact Report accepted April 21, 1980, and Addendum filed September 19, 1980. The Devel- opment Services Director gave a brief history of the subject application, stating that a 14 -story project, and seven -story and nine -story buildings were denied by the Planning Commission. He also stated that the uses proposed were compatible with the General Plan. James Gianulias, 1451 Quail Street, Newport Beach, was present and advised that he now has a proposal calling for five -story and seven -story buildings, which he believes will be satisfactory to the surrounding homeowners. Jim Carlson, 622 Rhine Lane, Costa Mesa, President of the Brookview Homeowners Association, stated that since the'new plans were not received until seven days ago, there had.been'no opportunity to poll the members of the homeowners association. Mr. Carlson also advised that traffic was one of the greatest concerns and that more time was needed to review the new proposal. Bob Kelly, 3132 Trinity Drive, -Costa Mesa, representing residents on the west side of the Holiday Inn, spoke in - opposition to any development over two stories and expressed concern over traffic circulation. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, gave his .opinion that the nearby residents should have more time to study the new project. Mr. Gianulias responded to questions from the Council, and agreed to alter his traffic proposals to conform with the recommendations of the City staff. Councilwoman Hertzog expressed her opposition to the project because of the height. During discussion, a suggestion was'made that since new plans were being submitted, the'Planning Commission should review the project and make recommendations to the Council. A motion was made by Vice Mayor Hall, seconded by Council- man McFarland, -to refer this item to the Planning Com- mission's Study,, Session of December 15, 1980, and their meeting of December 22, 1980. The motion carried, Councilwoman Hertzog voting no. Public Hearing The'Clerk announced that this was the time and place R-80-10 set for the public hearing for Rezone Petition R-80-10, Cadillac Fairview O'Donnell, Brigham and Partners/Southern, authorized agent for Cadillac Fairview California, Incorporated, 3001 South Harbor Boulevard, Santa Ana, for permission to rezone approximately 14 acres of undeveloped land located at 3505 and 3525 Cadillac Avenue from MP, Indus- trial Park, to:PDI, Planned Development Industrial. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director stated that the project was consistent with the General Plan and that the site' was large enough for PDI zoning. The Planning staff made no recommendation but suggested that the Planning Commission and City Council establish policies to serve asa guideline for staff in processing similar future applications. Based on the findings that the property is of adequate size to develop under the current MP zoning, that the location is not suitable for office use, and that the City has an obligation to maintain the character and integrity of areas of the City which currently are developed in compliance with MP zoning, the Planning Commission recommended denial of the request.' Blair' Armstrong and James Westling of O'Donnell, Brigham and Partners/Southern, 4350 Von Kar - man Avenue; Suite 400, Newport Beach, were present to answer questions from the Council and spoke in support of their request. Mr. Armstrong voiced his opinion 133 that visibility from the San Diego Freeway was excel- lent;. -office space was needed in the community; and that projected traffic generated by the development can be accommodated by existing and proposed roadways. Mr. Westling discussed landscape setbacks. The Development Services Director pointed out that the rezone was the only request to be considered at this time; the Condi- tional Use.Permit is pending before the Planning Commis- sion until the outcome of this meeting is known. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, asked why the subject property could not be used for residential purposes; and the Mayor responded that this was indus- trial -zoned land. There being no other speakers, the Mayor closed the public hearing. Based on the find- ings that there exists a need;for additional office commercial space within the area; the project does not require high visibility; with the proposed development, the signing can be kept well within the Sign Code due to the control of°the landowner; there will be more control over the design of the project under the PDI zone than under the MP zone; and there will be more control over the permitted uses within the project under the PDI zone than under the MP zone; a motion was made by Vice Mayor Hall to adopt the Negative Declaration of'Environmental Impact; to give first read - Ordinance 80-23 ing to Ordinance 80-23, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY LOCATED AT 3505 AND 3525 CADILLAC AVENUE, FROM MP TO PDI; and to delay second reading and adoption of the Ordinance pending approval of a Develop- ment Plan for the subject property. The motion was seconded by Councilman McFarland, and carried by the following roll'call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Public Hearings The Mayor announced withdrawal of two public hearings Condemnation of to consider.Resolutions of Necessity to condemn the Schneider and Schneider property located at 2015 Pomona Avenue, and Rozaire Properties the Rozaire property located at 771 West 20th Street, in connection with the Housing and Community Development Withdrawn family housing project. Since the subject properties are located within the Redevelopment Project Area, these proceedings will be,conducted before the Redevelopment Agency at their meeting of January 7, 1981. Public Hearing The Clerk announced that this was the time and place set Flood Plain for the public hearing to consider a proposed ordinance Zoning amending,Title 13 of the Costa Mesa Municipal Code, adopting floodway and flood plain zoning districts and regulations. The Affidavit of Publication is on file in the Clerk's'office. No communications have been received. The Development Services Director advised that the proposed ordinance was prepared to satisfy man- dates contained in the National Flood Insurance Program and the State Colbey-Alquist Flood Plain Management Act. The ordinance creates two flood plain overlay zones, establishes development standards for new construction and substantial improvements to existing structures, and establishes review procedures for developments located in the designated flood -hazard area. There being no speakers, the Mayor closed the public hearing. On mot -ion by Councilman McFarland, seconded by Councilwoman Hertzog,`the Negative Declaration of Environmental Impact was adopted; and Ordinance 80-24, being AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE ADOPTING FLOODWAY AND FLOOD PLAIN ZONING DISTRICTS AND REGULATIONS, 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 Recess The Mayor declared a recess at 7:55 p.m., and the meet- ing reconvened at 8:10 p.m. Appeal of ZE-80-155 The Clerk presented an appeal of the Planning Commis - Mediterranean sion'.s denial of Zone Exception ZE-80-155, from Ring Village Brothers Management Corporation,.authorized agent for Mediterranean Village, 2400 Harbor Boulevard, Costa Mesa, for variance from provisions of the Sign Ordi- nance, for property located at that address in a C2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communi- cations have been received. The Planning Commission and Planning staff recommended denial. The Development Services Director stated that the subject property is split -zoned, a major portion of the property being R3 zoning and the Harbor Boulevard frontage being Cl -CP, but the usage is residential. The Staff Report indi- cates that even if it were determined that commercial signing was acceptable, there would be a limit of seven items of information rather .than the 19 items proposed by the applicant. Kathleen M. Cant, 463 Fair Drive, No. 203; Costa Mesa, representing the applicant, answered questions from the Council, and stated that the signs were imperative for renting of the apartments. Consid- erable discussion followed concerning height, square footage, and number of items listed. Councilman McFar- land's mot -ion to -deny the request died for lack of a second. After brief discussion, Councilman McFarland again made a motion to deny the request based on'the finding that no hardship exists. The motion was sec- onded by Councilwoman Hertzog, but failed to carry, Council Members Schafer, Hall, and Johnson voting no. Based on the findings that a site hardship exists for this particular project, being that the visual identity creates awareness from Fair Drive.wherein the entrance is actually on .Harbor Boulevard, and that additional items of. information are justified for the property, Vice Mayor Hall made a motion, seconded by Councilman Johnson, to approve the sign on Fair Drive and also approve the sign on Harbor Boulevard with reduced num- bers of items of information from what it contains at the present time to "Mediterranean Village, Apartments and Townhouses,' 2400 Harbor Boulevard", that the latter sign remain at 20 square feet instead of the 30 square feet permitted, and because of the smaller size it would have less impact and would be permitted to remain at the nine -foot height. The motion carried, Council Members Hertzog and McFarland voting no. HCDA 1981-82 The Clerk presented program recommendations for Housing Program and Community Development Act (HCDA) application for Recommendations Fiscal Year 1981-82. The Assistant City Manager/Com- munity Development and Jorge Alvarez, Chairman of the Held Over Housing and Community Development Committee, were pres- ent to answer questions from the Council in regard to the program recommendations submitted by the HCD Com- mittee. 'Mr. Alvarez.poi,nted out that the information contained in the recommendations were compiled from input from staff and the public. Considerable discus- sion followed concerning senior citizens and family housing, sidewalk installation, day care centers, emer- gency shelters, and funds for the Fair Housing Council. Jean Forbath, 2880 Clubhouse Road, Costa Mesa, member of the HCD Committee; answered questions regarding emergency shelters and the Fair Housing Council. Vice Mayor Hall stated that he needed more information on the entire program; and made a motion' seconded by Mayor Schafer, and carried, to refer this item to the Study Session of January 12, 1981, and the Council meeting of January 19, 1981. Mayor Schafer and Vice Mayor Hall commended the HCD Committee on their excellent Work, and the Vice Mayor reiterated that more study time was needed by the Council. Costa Mesa Firefighters The Clerk presented a request from the Costa Mesa Fire - fighters Corporation, for Council to resolve the dispute concerning wages, hours, and other terms and conditions of employment. Richard M. Kreisler, 11661 San Vicente Boulevard, Suite 1000, Los Angeles, attorney for the Fire Fighters Corporation, reviewed the grievances of the Corporation regarding the meet and confer process between the City and the Firefighters; which had been submitted to the Council previously, and stated that the key area of concern was the Retirement Plan., Keith Fujimoto, President of the Firefighters Corporation, confirmed that the Retirement Plan was the issue. In response to Mr. Fujimoto's inquiry, the Mayor replied that all the information submitted to the Council would be taken into consideration, and that a response to the Corporation would be forthcoming. Oral Jack Polans, 2864 Royal Palm Drive, Costa Mesa, read his Communications letter, which he submitted to the Clerk, concerning the following topics: proposed amphitheater at the Orange County Fairgrounds; Costa Mesa police services at the Fairgrounds; and the Coro Foundation. Councilmanic The Mayor announced that employee service awards will be Comments presented at 10:00 a.m., December 11, 1980, at the Costa Employee Mesa Golf and Country Club. She requested Council Mem- Service Awards bers to attend. Adjournment At 9:30 p.m., the Mayor declared the meeting adjourned to December 2; 1980, at 6:50 p.m., in the fifth floor Conference Room of City Hall, for the purpose of inter- viewing applicants for the Housing and Community Development Committee. Mayor of the City of Cost Mesa ATTEST: Ci y Clerk of the City of Cost esa 1 135