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Home My WebLink About06/10/1981 - Adjourned City Council Meeting0 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 10, 1981 1 i J The City Council of the'City of Costa Mesa, California, met in adjourned regular session on June 10, 1981, 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 adjourned regular meeting -of June 4, 1981', 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. Roll Call Council Members Present: Schafer, Hall, Hertzog, McFarland, Johnson Council Members Absent: None Officials Present: Assistant City Manager, City Attorney, Development Services Director, Deputy City Clerk, Senior Planners Public Hearings MayorSchafer.reported that the Newport Harbor -Costa Costa Mesa Mesa Board of Realtors, 401 North Newport Boulevard, General Plan Newport -Beach, submitted their recommendations pertain- ing to Goal III, which will be entered into the record. ,.The Mayor announced the public hearing for Goal II, Goal IJ Environmental Protection and Preservation, Costa Mesa General Plan. The Development Services Director read the contents of Goal II from t'hd document entitled, "Final EIR and Recommendations - Costa Mesa General Plan" Nancy Spitzer, 582 Knowell Place, Costa Mesa, = stated that it would be helpful if the City provided _ information for the citizens regarding disasters, such as earthquakes. There being no other speakers, the _ Mayor closed the public hearing. A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, to adopt Goal II as written. Vice Mayor Hall suggested < that in the first paragraph, fourth line, the word "prevent" be deleted and replaced with the phrase work towards the prevention of". After discussion, Councilman McFarland amended his motion, seconded by Councilwoman Hertzog, and carried, to incorporate the recommendation of Vice Mayor Hall. Objective II -A The Mayor opened the public hearing for Objective II -A of Goal II which is: Mitigate or prevent potential adverse consequences of natural disasters. There being no speakers, the Mayor closed the public hearing. A motion was made by Vice Mayor Hall, seconded by Council- man Johnson, to adopt Objective II -A, amended by delet- ing the words "Mitigate or prevent" and in their place adding the phrase "Work towards the mitigation or pre- vention of". The motion carried, Councilman McFarland voting no. Policies for Mayor Schafer announced the public hearing to consider Objective II -A Policies 63 through 74 of Objective II -A, Goal II. The Planning Commission recommended adoption of the follow- ing policies: 63 as amended in the aforementioned document, 64, 65B amended, 66 amended, 67, 68B amended, 69 amended, 70B, 70C, 71B, 72, 73, and 74. There being no speakers, the Mayor closed the public hearing. A motion was made by Vice Mayor Hall, seconded by Council- man Johnson, to adopt Policy 63 as amended by the Planning Commission, and further modified by deleting 1 i J 261 the word -"advise" and replacing it with the phrase "investigate methods for advising"; adopt Policy 64 modified by'deleting the word "Incorporate" and substi- tuting the phrase."Investigate the incorporation of"; adopt Policy 65 as amended; adopt Policy 66 as amended, and further modified by adding the words "Developer shall" at the beginning of the policy; adopt Policy 67 modified by adding "City" between the words "critical" and "facilities-" in the second line; adopt Policy 68B as_amended, and'further,modifying the first line by deleting "Identify and publicize" and replacing with "Investigate the feasibility of identifying and publi- cizing"; adopt Policy 69 as -amended; adopt Policy 70B; adopt -Policy 70C modified by striking the word "extensive"; -and adopt Policies 71B, 72, 73, and 74. After discussion, Vice Mayor Hall amended his motion relating to Policy:63'by deleting both the Planning Commission's recommended change and his previously- stated-modificati.on, so that this policy will read as written in.the.subject-document. The Vice Mayor's amended motion also included.rewording of Policy 64 as -,follows:, -Consider geologic hazard constraints in the development'of'landuse policies and public deci- sions relating to land development. The amended motion was seconded by Councilman Johnson, and carried. Objective II -B The Mayor opened the public hearing for Objective'II-B of.Goal.II,.which is: Prevent the significant deteri- oration of local and regional air and water quality. The Planning commission Irecommended adoption. Carl Spitzer, 582'Knowell Place; Costa Mesa, stated his opinion' that the City : has very �1 i�ttl e legal control over these sources:of pollution. There being no other speakers, the Mayor closed the public hearing. A motion was made by Councilman'McFarland to adopt the subject objective,as written, however, the motion died for lack of a second. Vice�Mayor Hall made a motion, seconded by Councilwoman-Hertzog, and carried, to adopt Objective II -B modified by.deleting "Prevent" and re- placing -.it -with the phrase,"Pursue, where feasible, the prevention of". Policies for Mayor Schafer announced the public hearing to consider Objective II -B Policies 75 through83.of Objective II -B, Goal II. The Planning Commission recommended adoption of the following policies: 75, 76B.as,amended in the subject document, 77, 789;79;,805 81, 82, and 83. Walter Hart, 2202'Miner Street, Costa Mesa, recommended amendment to Policy�75_by adding the phrase "by monitoring sources known.to'have�the potential of the emission of odors of noxious nature and explosions caused by chemicals". There being -no other speakers, the Mayor closed the public hearing. A motion was made by Councilman McFar- land, seconded by Councilwoman.Hertzog, and carried, to adopt:Policies 76B' -.as amended; 78, and 81. On motion by -Vice Mayor Hall,.seconded;by-Councilman McFarland, and carried, Policy,75 was' adopted as written. A motion was made by Vice.Mayor Hall to:adopt Policy 77 modified by deleting-the.words "and implement", however, the motion died for'lack of.a second. On motion by Council- man McFarland, seconded by Councilwoman Hertzog, and carried, -Policy 77 was adopted as written. A motion was:made by Vice Mayor.Hall to adopt Policy 82 modify- ing the first line:'by deleting."implement" and substituting "evaluate". The motion was seconded by Councilman Johnson 'and carried, Councilwoman Hertzog voting,"no". :On motion by -Councilman McFarland, sec- onded by Councilwoman Hertzog, and carried, Policy 79 was adopted as written. On motion by Councilman McFarland,,seconded by Councilwoman Hertzog, and car- ried -,,Policy 80'was adopted as -written. A motion was `A - made by Councilman McFarland, seconded by Councilwoman Hertzog to adopt'Policy-83 as written. The motion carried, Schafer 'and McFarland voting no. Objective II -C The Mayor announced the public hearing for Objective II -C, which is: Regulate noise levels of operations and activities occurring within the City and protect resi- dential areas"from excess"ive and unhealthful noise. The Planning Commission recommended adoption. Christine Stevens, 3229 Washington 'Avenue, Costa Mesa, and Diane Patterson, Director of Governmental Relations for the Board.of Realtors; inquired regarding the terminology used in adopting the various goals, objectives, and policies, and procedures relating to future hearings for implementation of..the General Plan. Mark Robinson, 317 Nassau Road, Costa Mesa, stated that participation in these public.hearings were very informative to the citizens of the City. 'There being no other speakers, the Mayor closed the public hearing. A motion was made by Vice Mayor Hall, seconded by Mayor Schafer, and car- ried, adopting Objective II -C modified by deleting "Regulate"..and substituting the phrase "Evaluate methods of control for deleting the words "and protect" and substituting the phrase "for the protection of". Policies for Mayor Schafer opened the public hearing to consider Objective II -C Policies'84A through 106 for Objective II -C, Goal II. The Planning Commission recommended adoption of the following Policies:; 84B, 85A,'86B as amended in the subject document, 87,.88, 89, 90, 91C, 92, 93, 94B, 95, 96B, 97,-98A, 99, 101, 102; 103; 104A, 1048, 105, and 106. Carl Spitzer-, stated that.various types of noises should have different maximum noise levels. He also commented that Policy 105 should relate to machinery and equipment purchased by the City. Mr. Spitzer spoke in opposition to Policy 106: Loren Baumgardner, 1670 Santa Ana Avenue, Costa,Mesa; objected to City requirements which resulted in extra costs to hire a sound engineer fora project he constructed on 18th Street. There being"no other speakers, the Mayor closed the public hearing. A motion was made by Vice Mayor Hall, seconded by Councilman McFarland, and carried, to adopt the following policies: 84A, 84B,.85A, 86B excluding the Planning Commission's amendment, 89, 91C, 94B, 95, 96B, 979 98A, 99, 104A, 1048, and 105 amended to read: Consider noise.emission levels in the acquisition and use of new equipment.and.machinery purchased by the City. A motion was made by Vice Mayor Hall, seconded by Councilman McFarland, and carried, to adopt Policy 88 amended to read as follows: Require field testing of residential developments at,the time of completion to ensure compliance with adopted criteria for exterior noise levels. A motion was made by Vice Mayor Hall, seconded by Councilman Johnson, and carried, to adopt Policy 93 amended'to read as follows: Evaluate the enforcement of vehicle noise limits established by the California Vehicle Code. A motion was made by Council- man McFarland,seconded by Councilwoman Hertzog, to adopt Policy 90 as written. The motion carried, Schafer voting no. On motion by Councilman McFarland, seconded by Mayor Schafer, and carried, Policy 101 was adopted as written. On motion by.Councilman McFarland, seconded by Councilwoman Hertzog, and carried, Policy 102 was adopted as written. Recess The Mayor declared a recess at 8:40 p.m., and the meet- ing reconvened at 8:50 p.m. Goal III The Mayor announced the public hearing for Goal III, Development. The Development Services Director read the contents of Goal III from the previously mentioned 1 document entitled; "Fi.nal EIR and Recommendations - Costa Mesa General.Plan'% There being no speakers, the Mayor closed the.public hearing..: On motion by Council- man McFarland•, seconded by'Councilwoman Hertzog, and carried', Goal_III was adopted -as written. Objective III -A The Mayor opened';the.public hearing for Objective III -A of Goal'III which,:is: Encourage'new development and redevelopment which will;impro.ve,and maintain the qual- ity of the'urb'an-.environment. There being no speakers, the,Mayor closed the public hearing. On motion by Councilman;McFarland, seconded by Councilwoman Hertzog, and carried,:Objective III=A-was adopted. Policies for- The Mayor announced the public,hearing for Policies 107 Objective III -A through 118,fo'r Objective III -A; Goal III. The Plan- ning -Commission recommended adoption of the following policies: 107, 1086, 109-, 1109 111A, 112B, 113A, 114C, 115, 116, 1-17, and,118B.' The Housing and Community Development,Committee supported the following policies: 107 modified, 1086 modified, 109, 110 modified, 113A, 114C modified, and 11:7. The HCD,Committee opposed 108A, 111A,112 A and°6,:1136; 114.A and B, 115, 116; and subject Committee took no position on Policies 118 A and B. The°Traffic,Commission recommended inclusion of the following additional policy:. Consider establishment of redevelopment,project areas along streets designated for major widening or -:realignment. Carl Spitzer spoke in support.of Policy 108A -modified. -to read: Allow subdivi- sion -patterns to be:-determinediby market conditions. Mr. Spitzer recommended modification of Policy 109 by deleting the phrase "Develop standards, policies, and other methods to". He also,'spoke in support of Policy 111B.I Christine.Stevens.spke in opposition to Policies 112A and 112B. Mark Robinson, referring to Policy 108A, commented that,density-.1imits.must be maintained. There being no other.-:speakers,-.the.Mayor closed the public hearing. -A motion was-made~by Vice Mayor Hall, seconded by,:Councilman Johnson;;and-.carried, to adopt the follow- ing policies: 107 modified by deleting "Prohibit or" at the beginning of•.the.first.line,'109, 11189 113A, 114C, 117;'and118B. Almotion was:made by Councilman McFar- land,.seconded-:by'Mayor Schafer; -.to adopt Policy 108B, however.,.the motion failed -.to -carry, Council Members Schafer, .Hall; and Hertzog voting no. A motion was made by Councilman McFarland, seconded by Vice Mayor Hall, to adopt Policy,110.:.The motion.carried, Vice Mayor Hall voting no. A motion was made by Councilwoman Hertzog,,seconded by Vice Mayor,Hall, and carried, to adopt Policy, 1126 amended by deleting the second and third words "standards or". A motion was made by Councilman'McFarland, seconded by Councilwoman Hertzog, to adopt Policy 115.. The°motion-carried, Council Members Schafer,and:Hall-voting no. Objective III -B The Mayor opened the:public:hearing for Objective III -B of.Goa1,III which is:-: Establish policies, standards, and procedures.to,.remove:blighting influences and main- tain:the.integr.ity.of.stable neighbors. The Planning Commission•,r.ecommended adoption.Nancy Spitzer sug- gested deleting`the.word�"remove" and substituting the word-."minimize".,:There:being`no other speakers, the Mayor closed -the public:hearingc: A motion was made by Vice'--Mayor-Hall; seconded;by:Councilman Johnson, and carried, to adopt•Objective-III=B amended by substitut- ing "minimize" ;for-. "remove". . Policies for The Mayor opened the public hearing to consider Policies Objective III -B 119 through- .130:for"Objective..III-B, Goal III. The Planning Commission recommended adoption of the follow- ing -policies:- 119; 1206,.121,°122, 123, 125A, 126B, OWN N 127, 128 as amended in -the aforementioned document, and 130 as amended. The Housing and Community Development Committee supported the following policies: 119, 120B, 121; 122 modified,, 123 modified, 124C modified, 125 modified, 1266, 127,.and 129. The subject Committee opposed all other policies. Nancy Spitzer spoke in supportlof Policies 1206; 121 125B, 126B, and 130. There being no -other speakers, the Mayor closed the public hearing., A motion'was made by Vice Mayor Hall, seconded by Mayor Schafer, and carried, to adopt the following policies: 1206 modified to read: Enforce existing -regulations -regarding derelict or abandoned vehicles, outdoor storage -,:substandard or illegal build- ings, and establish regulations to abate weed -filled yards when theyjare"deemed to constitute a fire hazard; 127,.amended by adding the phrase "as long as HCDA funds are'available" at the'end of the fourth line; and 130 as amended by the Planning Commission. On motion by Councilman McFarland,.seconded by Councilwoman Hert- zog, and carried, Policy.121 was adopted as written. A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, and -carried, to adopt Policy 123 modified by deleting -the first word "Pursue" and sub- stituting,"Encourage": Councilman McFarland made a motion, seconded by Councilwoman Hertzog, to adopt Policy 124A modified to read as follows: Require the inspection of all dwelling units; including single- family, which are more than 20 years old for compliance with applicable building codes or development standards prior to'transfer of ownership. Diane Patterson of the Board of Realtors was requested to answer questions from the Council. After discussion; the motion to adopt Policy 124A as modified by Councilman McFarland, failed to carry, Council Members Schafer, Hall, McFarland, and Hertzog voting no. After discussion relating to Poli- cies 125A and 1256, a motion -was made by Vice Mayor Hall, seconded by Councilman'.McFarland, and carried, directing staff to review the existing nonconforming use ordinance and'to propose modifications. Objective III -C Mayor Schafer announced the public hearing for Objective III -C of Goal III which,is: Establish policies, stand- ards, and procedures -to improve and maintain the visual image'of the City:- There being no speakers, the Mayor closed the public -hearing. -0n motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, Objective -III -C was adopted as written. Policies for The Mayor opened the public hearing to consider Policies Objective III -C 13l'through 146 of Objective III -C, Goal III. The Plan ning Commission recommended adoption of the following policies: 131, 132;133, 1349 135, 139, 140, 1418, 142, 1430, 144A, and 145., The Housing and Community Develop- ment'Committ'ee supported"Policies 131 through 146 with some modifications. Carl Spitzer suggested Policy 131 be modified by'deleting "with landscaped medians and parkways"; supported Policy 133; and recommended Policy 142 be amended by adding the,phrase "in areas where utilities are to go underground within five years". Mark'Robinson supported undergrounding of utility lines where feasible. 'Nancy Spitzer spoke in opposition to Policies 136A and.136B, and"suggested that in connection with Policy 146, additional undergrounding projects be financed through assessment districts only. There being no other speakers, the Mayor closed the public hearing. A motion was made by Vice Mayor Hall, seconded by Coun- cilman McFarland, to adopt the following policies: 133, 135 modified by deleting the first word "Develop" and substituting "Evaluate", 139, 141C, 142, 143C; and 145. After discussion,'Vice Mayor Hall amended his motion by deleting-adoption:of-Policy 141C, and substituting a direction to staff to review Policies 141A, B, and C and to report back to the Council. The amended motion was seconded by Councilman McFarland, and carried. A motion was made by Councilman McFarland, seconded by Mayor Schafer, to adopt Policy 131 as written. The motion carried, Vice Mayor Hall voting no. A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, to adopt Policy 134 as written. The motion carried, Council Members Schafer and Hall voting no. A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, to adopt Policy 140 as written. The motion carried, Council,Members Schafer and Hall voting no. Next General Plan Mayor Schafer announced that the next public hearing for Hearing Announced the Costa Mesa General Plan, to discuss Goal IV, has been set for June 18, 1981, at 6:30 p.m. Adjournment The Mayor declared the meeting adjourned at 10:30 p.m. Mayor of the City of Costa Mesa ATTEST: ity Clerk of—the City of Co Mesa