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HomeMy WebLinkAbout04/06/1981 - City CouncilRoll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 6, 1981 The City Council of the City of Costa Mesa, California, met in regular session on April 6, 1981, 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 led by Commander Rock, Veterans of Foreign Wars, and Invocation by the Reverend Conrad Nordquist, St. John the Divine Episcopal Church. Council Members Present: Council Members Absent: Officials Present: Schafer, Hall, McFarland, Johnson Hertzog City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk Minutes On motion by ;Vice Mayor Hall, seconded by Councilman March 16., 1981 McFarland, and carried, the minutes of the regular meet- ing of March 16, 1981, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilman McFarland, seconded by Vice Mayor Hall, and carried, to read all ordinances by title only. Taxicab Rate On motion by Councilman McFarland, seconded by Vice Increases Mayor Hall, and carried, a request from Orange Coast Yellow Cab, Incorporated, 17300 Mount Herrmann Street, Referred 'to Fountain Valley, for an increase in taxicab rates, was Finance referred to the Finance Department for review. Reading Folder On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the following Reading Folder items were received and processed: Claims The following claims were received by the Clerk and no action is required: Gustav and Olive Frederick; Joe Padin; and Attorney Theodore S. Wentworth on behalf of Gail Lynn Bradford. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi - Licenses sion: Bayco, Incorporated, doing business as South Coast Deli, 3033-D Bristol Street; and James A. Endsley and Leslie H. Shipman, doing business at 1728 Newport Boulevard. Alcoholic Beverage License application which is being protested by the Planning Division until a Conditional Use Permit has been obtained, from Thrifty Oil Company, for property located at 751 Baker Street. CONSENT CALENDAR. On motion by Councilman McFarland, seconded by Vice Mayor Hall, all items in the Consent Calendar were approved in one motion by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Taxicab Rate On motion by Councilman McFarland, seconded by Vice Increases Mayor Hall, and carried, a request from Orange Coast Yellow Cab, Incorporated, 17300 Mount Herrmann Street, Referred 'to Fountain Valley, for an increase in taxicab rates, was Finance referred to the Finance Department for review. Reading Folder On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the following Reading Folder items were received and processed: Claims The following claims were received by the Clerk and no action is required: Gustav and Olive Frederick; Joe Padin; and Attorney Theodore S. Wentworth on behalf of Gail Lynn Bradford. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi - Licenses sion: Bayco, Incorporated, doing business as South Coast Deli, 3033-D Bristol Street; and James A. Endsley and Leslie H. Shipman, doing business at 1728 Newport Boulevard. Alcoholic Beverage License application which is being protested by the Planning Division until a Conditional Use Permit has been obtained, from Thrifty Oil Company, for property located at 751 Baker Street. SB -65 A resolution from the City of Santa Ana support- ing Senate Bill 65, which would exempt emergency vehicles from current State emission standards. Federal A resolution from the City of Santa Ana support - Estate Tax ing elimination of the Federal estate tax. Legal Aid A resolution from the City of Anaheim opposing Society Funds mandating of social impact suits and declaring that if said mandating is not terminated, the city will recommend to the Orange County Board of Supervisors that funds to the Legal Aid Society be discontinued. Abandoned A letter from Ellen Gentile, 225-1/2 East 20th Animals Street, Costa Mesa, suggesting that anyone who abandons a pet be fined $500.00 and receive a jail sentence. Public Utilities Notice of filing Application No. 60321 from the Commission Public Utilities Commission, in the matter of Southern California Edison Company, for authority to modify its energy cost adjustment billing factors and to make certain other rate changes in accordance with Decision No. 92496 Notice of filing Application No. 60339 from the Public Utilities Commission, in the matter of Southern California Gas Company, to increase revenues under the consolidated adjustment mechanism to offset changed gas costs resulting from increases in the price of natural gas pur- chased from various suppliers; to adjust revenues to reflect: greater than anticipated collection of revenues due to increases in natural gas supplies;'undercollection of franchise fees; uncollectible expense and California taxes on income; increased carrying costs on the value of natural gas stored underground; and to revise End - Reading Section "H" of the Preliminary Statement of its Folder tariffs. Business Permits Notice of Intention to Appeal or Solicit for Charitable Purpose was present, from Veterans of Foreign Wars, 565 VFW West 18th Street, Costa Mesa, by sale of "Buddy Poppies" on May 15 and 16, 1981. On motion by Councilman McFar- land, seconded by Vice Mayor Hall, and carried, the request was approved with application of Municipal Code Section 9-234J. Mesa Lanes A request was presented from Mesa Lanes, 1703 Superior Avenue, Costa Mesa, for renewal of their entertainment permit. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the request was approved subject to one condition of the Revenue Division. Permits A request was presented from First Christian Church of Costa Mesa, 792 Victoria Street, for use of Lions Park First Christian on April 19, 1981, for sunrise services and a pancake Church breakfast. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the request was approved subject to conditions of the Leisure Services Department. Lions Club A request was presented from the Costa Mesa -Newport Harbor Lions Club, Post Office Box 628, Costa Mesa, for use of Lions Park on June 5, 6, and 7, 1981, for their -35th annual fish fry. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the request was approved subject to conditions of the Leisure Services Department. 1 i 1 The Olive A request was presented from The Olive Branch, 331 Branch North Olive Avenue, Orange, on behalf of the Orange County Peace Conversion Project, for use of Lions Park on April 25, 1981, 11:00 a.m. to 4:00 p.m., for their second annual conversion fair. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the request was approved subject to conditions .of the Leisure Services Department. Exchange Club A request was presented from the Exchange Club of New- port Harbor, Post Office Box 1022, Newport Beach, for use of Lions Park on May 23, 1981, 6:00 a.m, to 1:00 p.m., for their annual pancake breakfast. On motion by Councilman.McFarland, seconded by Vice Mayor Hall, and carried, the request was approved subject to conditions of the Leisure Services Department. Set for Public On motion by Councilman McFarland, seconded by Vice Hearing Mayor Hall, and carried, the following item was set for public hearing on April 20, 1981, at 6:30 p.m., in the Council Chambers of City Hall: R-81-03 Rezone Petition R-81-03, Costa Mesa City Council, for permission to rezone property located at 400 West 19th Street from C2 to Cl. Environmental Determination: Environmental Impact Report accepted on September 15, 1980, for Zone Excep- tion ZE-80-96. Refund A request was presented from West -Cal Construction, 1156 South Seventh Avenue, Hacienda Heights, for refund West -Cal of a $10,000.00 cash deposit, for completion of work in Construction connection with Zone Exception ZE-79-78, for property located at 1441 Gisler Avenue. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the work was accepted, and the cash deposit was ordered exonerated, by the following roll call vote: AYES: Council Members: Schafer, Hall, Rejected Claims Fisk Fiero Griffithe Huzyk Ga'rci a Touchette Browne McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the claim of William Paul Fisk, Jr. was rejected. On motion by Councilman Mayor Hall, and carried, was rejected. On motion by Councilman Mayor Hall, and carried, was rejected. McFarland, seconded by Vice the claim of Margaret J. Fiero McFarland, seconded by Vice the claim of Gayle Griffithe On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the claim of Nina Huzyk was rejected. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the claim of Mario and Maria Garcia was rejected. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the claim of Norman Touchette was rejected. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the claim of Jasmine Browne, Michael Browne, and Susan Browne was rejected. Outlaw On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the claim of Darrell Outlaw was rejected. Eisenbeiss On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the claim of Steve Eisenbeiss was rejected. Barto On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the claim of Jerrel C. Barto and Janice D. Barto was rejected. Hill On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, an Application for Leave to Present a Late Claim from Ruth Ann Hill and Byrd Guy Hill, Jr. was rejected. Brindley On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the claim of Mary Brindley was rejected. Agreement - An agreement with the County of Orange was presented,, Orange County for Arterial Highway Financing Program Projects 1002 and 1035, 19th Street widening from Park Avenue to Fullerton AHFP 1002 and Avenue, for fiscal years 1979-80 and 1980-81, respec- 1035 - 19th tively. The agreement defines the responsibility of Street Widening each agency for the planning, administration, construc- tion, and maintenance of the subject project. On motion by Councilman McFarland, seconded by Vice Mayor Hall, 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, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Final Map for The Final Map and a Subdivision Agreement were presented Tract 10942 for Tract 10942, UCO Construction, Incorporated, 16131 UCO Construction East Whittier Boulevard, Whittier; 3.45 acres, one lot, located at 2171-2189.Pacific Avenue, for condominium purposes. On motion -by Councilman McFarland, seconded by Vice Mayor Hall, the map and agreement were approved; the Council did accept on behalf of the City the ease- ment for emergency and security ingress/egress as dedicated; did also -approve said map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; the Clerk was authorized to sign subject map, and the Mayor and Clerk were authorized to execute the agreement on behalf.of the City. The motion carried by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Final Map for The Final Map and a Subdivision Agreement were presented Tract 11033 for Tract 11033, Chazan Penasquitos Construction Com- Chazan pany, 431 Brand Boulevard, Glendale; 1.37 acres, four Penasquitos lots, located at 2902 Red Hill Avenue, for condominium Construction purposes. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the map and agreement were approved; the Council did accept on behalf of the City of Costa Mesa: -(1) the easement for emergency and security ingress/egress as dedicated; (2) the vehicular access rights to Red Hill Avenue as released and relinquished; did also approve said map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; the Clerk was authorized to sign subject map, and the Mayor and Clerk were authorized to.execute the agreement on behalf of the City. The motion carried by the following 1 1 i n_4 roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Final Map for The Final Map and a Subdivision Agreement were presented Tract 11311 for Tract 11311, Lexington Place, a limited partnership, Lexington Place 1000 Quail Street, Suite 260, Newport Beach; 1.74 acres, 30 lots, located at 935-945 West 19th Street, for condo- minium purposes. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the map and agreement were approved; the Council did accept on behalf of the public the dedication of'19th Street for street purposes; did also accept on behalf of the City an ingress/egress easement over Lot "F" for emergency vehicular access; the Clerk was authorized to sign subject map, and the Mayor and Clerk were authorized to execute the agreement on behalf of the City. The motion carried by the fol- lowing roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Final Map for The Final Map was presented -for Tract 11324, C.A.S. Tract 11324 Development Corporation, 14600 Golden West Street, Suite C.A.S. 213, Westminster; 0.21 -acre, one lot, located at 1924 Development Anaheim Avenue, for condominium purposes. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the map was approved; the Council did accept on behalf of the City an ingress/egress easement for emergency vehicle purposes over Lot 1; 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 fol- lowing roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Agreement - 'An agreement with the County of Orange was presented for Orange County veterinary public health services, and is an extension of an existing contract which expires June 30, 1981. Veterinary The agreement provides for handling and shelter of Services animals picked up by the City's Animal Control Division, and contains some minor modifications relating to possi- ble fee increases. On motion by Councilman McFarland, seconded by Vice Mayor Hall, 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, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Agreement for An agreement was presented between the City, Sea Bluff Limited Cable Homeowners Association, and Dickinson -Pacific Cable - Television systems, 7462 Talbert Avenue, Huntington Beach. Several months ago, the Sea Bluff residents requested permission to contract with a Tocal cable television firm because of un.ique television reception problems due to that tract's location in a canyon area south of Victoria Street. On motion by Councilman McFarland, seconded by Vice Mayor Hall, 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, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog New Job The,City Manager has recommended establishment of a Classification part-time job classification entitled "Police Support Services Reserve", with an hourly rate of $6.10 to be placed outside of the basic pay schedule. The position would provide for backup and support in the areas of jail operations, property and equipment, and the photo laboratory. On motion by Councilman McFarland, seconded Resolution 81-19 by Vice Mayor Hall, Resolution 81-19, being A RESOLU-. TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CREATING A NEW JOB CLASSIFICATION AND ESTABLISHING THE RATE OF PAY FOR THE POSITION TO BE PLACED OUTSIDE THE BASIC SALARY RESOLUTION; was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Purchase of Two A request from the Purchasing Agent was presented, for Used Vehicles authorization to purchase two 1980 mid-sized motor vehicles, with approximately 20,000 miles or less, for the approximate amount of $6,000.00 each. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the purchase was authorized by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Budget Adjustment On motion by Councilman McFarland, seconded by Vice No. 81-03 - Mayor'Hall, Budget Adjustment No. 81-03, in the amount Balearic Center of $42,000.00, for construction of the parking lot at Improvement Balearic Center, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Conference On motion by Councilman McFarland, seconded by Vice Advance Mayor Hall, a Conference Advance, in the amount of $370.00, for a police captain to attend the California Peace Officers Conference in Sacramento, from May 10 to 13, 1981, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Bid Item 492 "B" Bids received for Bid Item 492, Revision "B", are on One Tractor file in the Clerk's office. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the bid was Awarded to awarded to Eberhard Equipment Company, 2506 South Harbor Eberhard Boulevard, Santa Ana,, in the amount of $11,390.00, being the lowest bid meeting specifications. The motion car- ried by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Sole Source A request from the Purchasing Division was presented, Contract - for a sole source contract with Westinghouse Electric Westinghouse Corporation, 18020 South Santa Fe Avenue, Compton, to remodel the automatic transfer switching mechanism in the Police Department. On motion by Councilman McFar- land, seconded by Vice Mayor Hall, the contract was approved in the amount of $5,160.00, by the following roll call vote: 1 1 AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Foundation for Bids received for labor and material to provide the Lions Park foundation for the Orange Coast Savings and Loan Build - Building ing at Lions Park are on file in the office of the Purchasing Agent. On motion by Councilman McFarland, Awarded to seconded by Vice Mayor Hall, the contract was awarded B and Y'House to B and Y House Movers, 3630 Westminster Avenue, Santa Movers Ana, in the amount of $9,850.00, being the lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson End of NOES: Council Members: None Consent Calendar ABSENT: Council Members: Hertzog Parking On motion by Councilman McFarland, seconded by Council - Amendments man Johnson, Ordinance 81-2, being AN ORDINANCE OF THE CITY COUNCIL OF -THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 81-2 AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE Adopted REGARDING SMALL CAR PARKING IN COMMERCIAL DEVELOPMENTS, PARKING FOR RESTAURANTS IN THE INDUSTRIAL ZONES, AND RECODIFICATION OF AN EXISTING DEVELOPMENT STANDARD IN THE R3 ZONE, was given second reading and adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Warrant On motion by Councilman McFarland, seconded by Vice Resolution 1137 Mayor Hall, Warrant Resolution 1137, including Payrolls 8106 and 8107, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Warrant On motion by Councilman McFarland, seconded by Council- Resoluti,on 1138 man Johnson, Warrant Resolution 1138 was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: Hertzog Proposed Use The City Manager requested authorization to make a of Rea Middle presentation on April 7, 1981, to the Newport -Mesa School Unified School District for possible use of Rea Middle School which is scheduled to be closed by the District in June, 1981. The City Manager summarized a memorandum dated April 2, 1981, which details the preliminary analysis of the needs, uses, and costs involved in acquiring the lease. On motion by Vice Mayor Hall, seconded by'Councilman Johnson, and carried, the City Manager was authorized to make the presentation as outlined in the aforementioned memorandum. Public _Hearing The Clerk announced the public hearing, continued from Condemnation of the meeting of March 16, 1981, to consider a Resolution Security Bank of Necessity to condemn the Security Pacific National Property for 17th Bank property located at 153 East 17th Street, desig- Street Extension nated Parcel No. 7, in connection with the 17th Street extension. On motion by Councilman McFarland, seconded Held Over by Councilman Johnson, and carried, this item was con- tinued to the meeting of May 4, 1981, as recommended by the Director of Public Services. Public Hearing The -Clerk announced that this was the time and place set Heliport Policy for the public hearing to consider a heliport policy for the City of Costa Mesa. The Affidavits of Publishing and mailing are on file in the Clerk's office. The Development Services Director summarized previous actions which had been taken by the Planning Commission and City Council in connection with Conditional Use Permit requests for heliports in the City. He also advised that a report prepared by the Planning staff, entitled "Heliport Study", dated March, 1981, offers recommendations for establishing a policy for heliports in the City. The Heliport Study was discussed at length at the Study Session held on March 30, 1981. The City Clerk reported that the Mayor had received communica- tions from the following Costa Mesa residents: Mark B. Kammerer, 3158 Cork Lane, in opposition to heliports being located within one quarter mile of a residential area, or without access to a clear flight line; Gerhard Filis, 3136 Boston Way,: requesting that Council consider the factors of safety, noise, and peace of mind before approving heliports in the City; Linda Williams,.3465 Santa Clara Circle, requesting that approval of heli- ports be delayed until further reports on safety and noise are submitted; Jon Pierre Paradis, Vice President of the North Costa Mesa Homeowners Association, express- ing concern of the homeowners regarding possible heli- copter safety problems and high noise levels; Barbara Reynolds, 2017 Balearic Drive, requesting that Council deny any requests for -heliports within the City limits; Franklin W. and Nancy L. Dunlap, 3007 Donnybrook Lane, requesting careful study of the noise impact of heli- copters before approval is given for heliports; Leon J. Kaliniec, 3379 Fuchsia Street, urging denial of all nonemergency helicopter pads within the City; and Thomas and Susan Graham, 1106 Redding Avenue, asking that Council vote against any and all heliports. A communi- cation was submitted to the Clerk by Jack Polans, 2864 Royal Palm Drive, Costa Mesa, requesting denial of heliport applications. The following Costa Mesa resi- dents voiced their concerns regarding noise impacts and safety standards if heliports are approved within the City: Jack Polans, 2864 Royal Palm Drive; Nicholas and Donna DiPietrantonio, 13651 Olympic Avenue; Frank Spiegel, 2269 Columbia Drive; Sylvia Schweitzer, 636 Rhine Lane; Roger Sprague, 600 Rhine Lane; Leon J. Kaliniec, 3379 Fuchsi-a Street; Douglas Toohey, 1149 E1 Camino Drive; Cynthia Iavelli, 616 Brookview Way; David Leighton, 1074 Redding Street; and Jean Robins, 1807 Tahiti Drive. Raylene Miracle, 4 Seaside Circle, New- port Beach, suggested that one heliport be approved as a base for all companies in Costa Mesa. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, suggested that the marine air base criteria and airport guidelines be util- ized. Del Taylor of the Los Angeles Times stated that he is also a resident of the area and advised that the proposed Times heliport is three quarters of a mile from the nearest residential area and because of the distance, residents would not be disturbed by the helicopter flights. Charles Morrow, Los Angeles Times, stated that the heliport at the Times building, 1375 Sunflower Ave- nue, would be used for emergency purposes and executive use would be limited to once a month, if the Council so desired. There being no other speakers, the Mayor closed the public hearing. During discussion, Vice Mayor Hall commented that noise was the major factor to be considered and stated his opinion that a policy be adopted to consider each site on its merits. Councilman McFarland concurred with the Vice Mayor; however, Mayor Schafer stated she did not .feel a general policy would solve the problem. A motion was made by Vice Mayor Hall, seconded by Councilman McFarland, to adopt lv0 VY heliport policy guidelines as detailed on Pages 6 and 7 of the.Heliport Study dated March, 1981, each request to be considered on its own merits and individual study, with final action by the City Council. The motion car- ried, Mayor Schafer voting no. Recess The Mayor declared a recess at 8:10 p.m., and the meeting reconvened at.8:25 p.m. ZE-80-24 The Clerk announced that this was the time and place set Downey Savings for the public hearing for Zone Exception ZE-80-24, Lee and Loan. Ambers, Vertical Aeronautics, 14423 Sylvan Street, Van Nuys, authorized agent for Downey Savings and Loan Held Over Association, 3200 Bristol Street, Costa Mesa, for a Conditional Use Permit to utilize a portion of a parking structure as a heliport at the Bristol Street location, in a Town Center zone. Environmental Determination: Negative Declaration. The Affidavits of Publishing and Mailing are on file in the Clerk's office. Communica- tions received were announced during the previous public hearing regarding heliport guidelines. The Development Services Director reported that the Planning Commission adopted the Negative Declaration of Environmental Impact, recommended approval of the parking variance and the heliport. Lee Ambers, authorized agent for the project, reported on noise, approach, and departure studies which have been completed, and the approvals received from the various agencies. Mr. Ambers commented that if approval is given, the City will have control of helicopter oper- ations, but under present conditions, the City has no control of helicopters flying over the area. Mr. Ambers answered questions from the Council, and reported that the Bell 206, which the applicant will be utilizing, produces less noise than most other helicopters. Lauretta Foy, Vertical Aeronautics, stated that noise is a concern of all helicopter manufacturers, and also commented that motorcycles, lawn mowers, and certain vans would be eliminated if they were to meet the noise standards being requested. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, requested that the application be denied. Robert M. Wilson, 3435 Plumeria Place, Costa Mesa, suggested that discussion be held with the heli- copter pilots regarding policy and that the City obtain information regarding the policy at John Wayne/Orange County Airport. Donna DiPietrantonio, 13651 Olympic Avenue, Costa Mesa, stated her opinion that helicopters flying over Bristol Street would be a safety hazard and asked that this application -be denied. Sylvia Schweitzer, 636 Rhine Lane, Costa Mesa, expressed con- cern that her property would depreciate. Bradford Aborn, resident of Anaheim, and pilot for Downey Savings and Loan Association, stated that the helicopter is used primarily by their Real Estate Department and as a result, the flights are usually outside the community. In response to questions from the Council, Mr. Aborn stated that he and Downey Savings would work with any community group in efforts to reduce noise levels and promote safety. In response to a statement by Jack Polans, Lauretta Foy stated that many factors affect sound waves, that it often depends on locality, and as a result, individual site tests must be made. Vice Mayor Hall suggested that this item be continued until some problems can be alleviated with the assistance of the applicant, Vertical Aeronautics, and Mr. Aborn. There being no other speakers, the Mayor closed the public hearing. A motion was made by Vice Mayor Hall, seconded by Councilman Johnson, to continue this item for six months. 'After further discussion, Councilman McFarland made a substitute motion, seconded by Vice Mayor Hall, to adopt the Negative Declaration of Environmental Impact, and to approve the zone exception ZE-79-136 Los Angeles Times Held Over Public Hearing R-81-02 Held Over Councilman McFarland Leaves Appeal of ZE-81-33 Trowbridge subject to conditions outlined on Page 7 of the Heliport Study, dated March, 1981. Vice Mayor Hall made a motion, seconded by Councilman McFarland, and carried, to call for the quest ion. The substitute motion failed to carry, Council Members Schafer, Hall, and Johnson voting no. The Mayor called for the question on the original motion made by Vice Mayor Hall and seconded by Council- man Johnson, to continue the public hearing to October 5, 1981. The motion carried unanimously. The Clerk announced that this was the time and place set for the public hearing for Zone Exception ZE-79-136, Los Angeles Times, Times Mirror Square, Los Angeles, for a Conditional Use Permit to allow a heliport at 1375 Sunflower Avenue, in an MP zone. Environmental Deter- minations Negative Declaration. The Affidavits of Publishing and Mailing are on file in the Clerk's office. Communications received were announced during the earlier public hearing regarding heliport guide- lines. The Planning Commission adopted the Negative Declaration of Environmental Impact, and approved the zone exception subject to conditions. Donna DiPietran- tonio, 13651 Olympic Avenue, Costa Mesa, stated her opinion that the heliport would create safety hazards. Del Taylor, Los Angeles Times, reported that the heli- port has already been constructed based on previous approval by the Planning Commission. He pointed out that the site is located in an industrial area sur- rounded by'open space. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, requested that this application be denied. Nicholas DiPietrantonio, 13651 Olympic Avenue, Costa Mesa, suggested that Downey Savings and Loan Association and the Los Angeles Times share one helipad. There being no other speakers, the Mayor closed the . public hearing. A motion was made by -Councilman McFar- land, to adopt the Negative Declaration of Environmental Impact., and to approve the application subject to condi- tions detailed on'Page 7 of the Heliport Study. The motion died for lack of a second. Thereafter, Vice Mayor Hall made a motion to continue the public hearing to October 5, 1981. The motion was seconded by Council- man Johnson, and carried, Councilman McFarland voting no. The Clerk announced that this was the time and place set for the public hearing to consider Rezone Petition R-81-02, Costa Mesa City'Council, for permission to rezone property located at 2910 Red Hill Avenue (south- east corner of Red Hill Avenue and Clinton Street) from CL, Limited Commercial, to MP, Industrial Park. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Council- man McFarland left the Council Chambers at this time and was not present for the vote. On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried, Councilman McFarland absent, the public hearing was continued to the meeting of April 20, 1981, as recom- mended by the Planning Commission and Planning staff. The Clerk presented an appeal of the Planning Commis- sion's denial of Zone Exception ZE-81-33, from John B. Trowbridge, authorized agent for Prime Property Develop- ment Company, 501 Superior Avenue, Costa Mesa, for a Conditional Use Permit to operate a real estate office located at 1599 Superior Avenue, Suite B-5, in an MG zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director reported that denial was based on 1 1 1 Councilman McFarland Returns EP -81-01 Pacific Federal .Hel d. Over Adult Uses Urgency Ordinance 81-3 Adopted the following staff findings: that the proposed use is not an industrial use and is out of character with the types�of uses permitted in the MG zone; and that the subject use may establish a precedent of allowing real estate offices in the MG zone. John B. Trowbridge, authorized agent, was present and explained that the major activity of the business consists of subdividing and development, which is a permitted use in the MG zone. Councilman McFarland returned to the Council table at this time. John Trowbridge, Jr., stated that they dealt primarily with agricultural properties; that most, business activities were done at the property sites or by phone and therefore did not generate a parking problem. Ben Streck, 1599 Superior Avenue, Suite B-6, Costa Mesa, whose business is adjacent to the appel- lant's office, stated that parking spaces are rarely utilized by clients of Mr. Trowbridge, and further advised that through his personal inquiries regarding the purchase of property, the subject business dealt mainly with large parcels to be subdivided or developed. On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried, Councilman McFarland abstaining, the Conditional Use Permit was approved for one year subject to one condition recommended by the Planning staff, and based on the finding that the subject busi- ness was not a typical real estate business but dealt primarily with subdividing and development. The Clerk presented Encroachment Permit EP -81-01, Pacific Federal Savings and Loan Association, 150 Paularino Avenue, Costa Mesa, for an encroachment permit to improve the frontage road with parking, a driveway, and landscaping along Newport Boulevard, in conjunction with an approved development located at 400 West 19th Street, in a C2 zone (Cl zone pending). Environmental Determination: Environmental Impact Report accepted September 15, 1980, in connection with Zone Exception ZE-80-96. On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried, this item was continued to the meeting of April 20, 1981, as requested by the applicant. The Clerk presented a proposed urgency ordinance which would prohibit the processing of applications for "adult uses" within the City of Costa Mesa. On motion by Vice Mayor Hall, seconded by Councilman Johnson, Ordinance 81-3, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, -CALIFORNIA, PROHIBITING THE PROCESSING OF APPLICATIONS FOR "ADULT 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: Schafer, Hall, McFarland, Johnson, NOES: Council Members: None ABSENT: Council Members: Hertzog Councilman Councilman McFarland left the meeting at 10:25 p.m. McFarland Leaves Oral Jack Polans, 2864 Royal Palm Drive, Costa Mesa, read Communications portions of his letter covering various subjects, and: submitted a copy to the Clerk. Councilmanic Mayor Schafer reported that there are two vacancies on Comments the board for the nonprofit corporations: Costa Mesa City Hall and Public Safety Facilities, Incorporated, Appointments and Costa Mesa Municipal Golf and Country Club, Incor- to Nonprofit porated. The Mayor recommended that Vaughn Redding and Corporations Willard Jordan be considered for appointments. On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried, Councilman McFarland absent, the following action was taken: Vaughn Redding and Willard Jordan were appointed to the board, replacing former board members Carl K. Boswell and Joseph Metcalf. Route 55 Mayor Schafer referred to a communication from Citizens Freeway for the Completion of Route 55, Incorporated, 2960 Harbor Boulevard, Suite "D", Costa Mesa, expressing appreciation for the Council's support in reinserting the adopted route as one of the alternatives for Route 55 to be studied by CALTRANS. The citizens group also asked that a request be made, in resolution form, to include the adopted route in the Draft Environmental Impact Statement. On motion by Vice Mayor Hall, sec- onded by Councilman Johnson, and carried, Councilman McFarland absent, authorization was given to draft a resolution as requested. Adjournment The Mayor declared the meeting adjourned at 10:40 p.m. MaL,ms - � In ayor of the City o osta esa ATTEST: City Clerk of the City of Costa Msa