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HomeMy WebLinkAbout12/07/1981 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 7, 1981 The City Council of the City of Costa Mesa, met in regular session on December 7, 1981, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Bruce Mattern, Director of Public Services. 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 16, 1981 Johnson, and carried 5-0, the minutes of the regular meeting of November 16, 1981, were approved as dis- tributed -and posted as there were no corrections. ORDINANCES A.motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, and carried 5-0, to read all ordinances by title only. REPORT Mayor Schafer introduced Bill Bandaruk, the City's representative on the Orange County Vector Control Vector Control Board, and commended him on the monthly written reports that he submits to the Council. Mr. Bandaruk stated that he has.been.on the Board for approximately four Request for Funds years and reported on the various vector control pro - for Y.E.S. grams which are carried but by subject Board. Mr. Bandaruk also requested that Council consider contri- bution of $5,000.00 to $7,000.00 for the Youth Employment Service (Y.E.S.). CONSENT CALENDAR The following item was removed from the Agenda: Item 5, Lease with the Costa Mesa Historical Society for prop- erty located at 599 Plumer Street. On motion by Councilman McFarland, seconded by Council- woman Hertzog, the remaining Consent Calendar items 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 WRITTEN Requests were presented for authorization to destroy COMMUNICATIONS certain records in the Finance and Leisure Services Departments. On motion by Councilman McFarland, sec - Records onded by Councilwoman Hertzog, Resolution 81-94, being Destruction A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR MOTION THE FINANCE DEPARTMENT OF THE CITY OF•COSTA MESA, Resolution 81-94 PURSUANT TO ORDINANCE NO. 75-60, was adopted by the Adopted following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None "9 - MOTION On motion by Councilman McFarland, seconded by Council - Resolution 81-95 woman Hertzog, Resolution 81-95, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE LEISURE SERVICES DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- NANCE NO. 75-60, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried 5-0, the following Reading Folder items were received and processed: Claims The following claims were received by the Clerk, no action was required: Bonita Gavin; Charles B. Keiter; Gordon and Donna Henley; Christopher L. Dovey; Michelle J. Egan on behalf of The Konwiser Corporation; Shirley J. Redmon; Merle Anthony Womer; Harlan L. Huckaba; and Attorney James Gelder on behalf of Arnold N. Broyles, Sr., Betty W. Broyles, Cynthia S. Broyles, and Richard A. Broyles, a minor. Alcoholic Alcoholic Beverage Licenses for which parking has Beverage been approved by the Planning Division: Stater Licenses Brothers Markets, doing business at 707 West 19th Street; and Patrick's Pub, doing business at 2645 Harbor Boulevard. Local Agency A resolution from the Local Agency Formation Com - Formation mission approving Engineer's No. 200 Annexation Commission to the Costa Mesa Sanitary District, located in the general area of Sunflower and Hyland Avenues. Public Utilities Notice from the Public Utilities Commission of Commission the filing of Application No. 61027, by Southern California Edison Company, for authority to in- crease its energy cost adjustment billing factors and to make certain changes to its present street and area lighting tariff schedules. Notice from the Public Utilities Commission of the filing of Application No. 61035, by Southern California Edison Company, for an ex parte order authorizing rates pursuant to its Conservation Load Management Adjustment Clause (CLMAC), to be made effective for electric service rendered on and after January 1, 1982, to recover solar rebate program expenses. REJECTED CLAIMS On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried 5-0, the claim of Gerald Roach/Martin Roach and Nathan Martin was rejected. McDuck/Roach/ On motion by Councilman McFarland, seconded by Council - Williams woman Hertzog, and carried 5-0, the claim of The McDuck Corporation, Gerald Roach, and Pete Williams was rejected. Gorman On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried 5-0, an application for leave to present a late claim from Dorothy, Suzanne, Michael, and Stephen Gorman was denied. ADMINISTRATIVE The Housing and Community Development Committee has ACTIONS recommended expenditure of Housing and Community Devel- opment Act (HCDA) funds allocated for a Housing Program Housing for for the Handicapped, to be used for rehabilitation Handicapped grants to each property owner who agrees to remodel an 1 existing unit to make it accessible to a physically handicapped tenant. Maximum grant is not to exceed MOTION $1,500.00 per dwelling unit. On motion by Councilman Funds Authorized McFarland, seconded by Councilwoman Hertzog, the HCD Committee recommendation was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement - Brown An agreement was presented, between the City and Brown And Nazarek and Nazarek, Attorneys at.Law, 2171 Campus Drive, Suite 330, Irvine, for legal services relating to the forma - Assessment District tion of Assessment District No. 82-1, Sterling/Palace. No. 82-1 Funding for subject contract is available from the Palace/Sterling Community Development Act funds. On motion by Council- man McFarland, seconded by Councilwoman Hertzog, the MOTION agreement was approved, and the Mayor and Clerk were Agreement Approved 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 S-80-393 Improvements have been completed to the satisfaction of Jackbilt the Director of Public Services by Jackbilt, Incorpor- ated, 330 West Olive Avenue, Burbank, in connection with Parcel Map S-80-393, located south of MacArthur Boule- vard, north of Sunflower Avenue, and west of Hyland MOTION Avenue. On motion by Councilman McFarland, seconded by Work Accepted Councilwoman Hertzog, the work was accepted, and the Bonds Exonerated 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 was presented for Tract 11445, Keith Tract 11445 Hosfiel and Pearl Sze, 1000 Cliff Drive, Newport Beach; Hosfiel/Sze six lots, 0.30 -acre, located at 218-222 Knox Street, for condominium purposes. On motion by Councilman McFar- MOTION land, seconded by Councilwoman Hertzog, the map was Map Approved approved; the Council did accept on behalf of the City of Costa Mesa the three-foot public utility easement for emergency vehicle ingress and egress, as dedicated; and the Clerk was authorized to sign subject map on behalf of the City. The motion carried 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 11157 for Tract 11157, Gregory Company, 17961 Cowan Street, Gregory Irvine; eight lots and Lot "A", 1.24 acres, located at 250 West Wilson Street. On motion by Councilman McFar- MOTION land, seconded by Councilwoman Hertzog, the map was Map and Agreement approved; the Council did accept on behalf of the public Approved the dedication of Wilson Street for street purposes; did also accept on behalf of the City of Costa Mesa the 20 - foot easement for emergency and public security ingress and egress purposes, as dedicated; did also approve subject 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 subdivision agreement on behalf of the City. The motion carried by the following P: roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 2 Change Order No. 2, in the amount of $15,118.00, was Canyon Park - presented, and relates to the contract with Thomsen Phase I Landscape, Post Office Box 805, Woodland Hills, for Canyon Community -Park Phase I Site Improvements. The change order is necessary for additional alluvium removal, and addition of drainage swale and catch basin. MOTION On motion by Councilman McFarland, seconded by Council - Change Order woman Hertzog, the change order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Modified Agreement A second modified agreement between the City and Profes- with Professional sional Tennis Programs, Incorporated, was presented, Tennis Programs relating to the professional tennis program at TeWinkle Park. The modification extends the present contract for an additional five years, and is based on an ascend- ing percentage scale with an established minimum. On MOTION motion by Councilman McFarland, seconded by Councilwoman Modification Hertzog, the modified agreement was approved, and the Approved 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 Bid Item 520 Bids received for Bid Item 520, Paint City Of Costa Mesa Paint Police Police Building, are on file in the Clerk's office. On Building motion by Councilman McFarland, seconded by Councilwoman Hertzog, the bid was awarded to Jim and Company, 4831 MOTION Flagstar Avenue, Irvine, in the amount of $7,900.00, Awarded to being the lowest bid meeting specifications. The motion Jim and Company carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog,_ McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 523 Bids received for Bid Item 523, One Truck with Chipper Truck with Body, are on file in the Clerk's office. On motion by Chipper Body Councilman McFarland, seconded by Councilwoman Hertzog, the bid was awarded to Rafferty International Trucks, MOTION Incorporated, 1110 East Katella Avenue, Anaheim, in the Awarded to amount of $21,974.05, being the lowest bid meeting Rafferty specifications. The motion carried by the following roll call vote_: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 524 Bids received for Bid Item 524, One Aerial Lift Truck, Aerial Lift Truck are on file in the Clerk.'s office. On motion by Coun- cilman McFarland, seconded by Councilwoman Hertzog, the MOTION bid was awarded to Trans West Ford Truck Sales, 10150 Awarded to Cherry Avenue, Fontana, in the amount of $60,756.79, Trans West Ford being the lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None I. 4 Bid Item 526 Bids received for Bid Item 526, Two 1982 One-half Ton Pickup Trucks Pickup Trucks, are on file in the Clerk's office. On motion by Councilman McFarland, seconded by Councilwoman MOTION Hertzog, and carried 5-0, all bids were rejected, and Bids Rejected authorization was given to.prepare new specifications to be mailed to interested vendors. OLD BUSINESS On motion by Councilman McFarland, seconded by Vice R-79-06 - Brooks Mayor Hall, and carried 5-0, second reading and adoption of Ordinance 79-14, relating to Rezone Petition R-79-06, MOTION to rezone property located at 932 and 936 West 18th Ordinance 79-14 Street from R2 to R3, was continued to the meeting of Held Over December.21, 1981. R-79-16 - Brooks On motion by Councilman McFarland, seconded by Vice Mayor Hall, and. carried 5-0, second reading and adoption MOTION of Ordinance 80-5, relating to Rezone Petition R-79-16, Ordinance 80-5 to rezone property located at 920 - 926 West 18th Street Held Over from R2 to R3, was continued to the meeting of December 21, 1981. R-81-13 On motion by Vice Mayor Hall, seconded by Councilman R and R/Seabird Johnson, Ordinance 81-23, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING MOTION THE ZONING OF A PORTION OF LOT 123, TRACT 300, FROM Ordinance 81-23 COUNTY R4 TO CITY R2, in connection with Rezone Petition Adopted R-81-13, R and R Concepts/Seabird Partners, for property located at 2542 Santa Ana Avenue, 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 Animal Complaint The Clerk presented from the meeting of November 16, 1981, a request from Andrew Whitney, 1630-A Iowa Street, Costa Mesa, for an ordinance amendment concerning pet droppings in the .gutters of City streets. Mr. Whitney was present and spoke in support of his request. Mayor Schafer referred to a report dated November 30, 1981, from the Assistant City Manager concerning subject request. Vice Mayor Hall favored a recommendation in the above-mentioned report that the City distribute lit- erature to educate the public and to encourage pet owners to act in a responsible manner precluding addi- MOTION tional government regulation. A motion was made by Literature Vice Mayor Hall, seconded by Councilman Johnson, and Distribution carried 5-0, directing the appropriate City department Authorized to initiate an educational campaign to encourage the public to take responsibility for their pets. Planning The Clerk presented from the meeting of November 16, Commissioners 1981, an amendment to the ordinance concerning Planning Terms of Office Commissioners' terms of office, changing the date to and Residency January 1 of odd -numbered years when Commissioners' Requirement terms of office will commence, and adding a residency requirement. On motion by Councilman McFarland, sec - MOTION' onded by Councilwoman Hertzog, Ordinance 81-24, being Ordinance 81-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA First Reading MESA, CALIFORNIA, AMENDING SECTION 13-3 OF THE COSTA MESA MUNICIPAL CODE RELATING TO TERMS OF PLANNING COMMISSIONERS AND ADDING A RESIDENCY REQUIREMENT, 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 South Coast Plaza The Clerk presented review of construction within open Construction space easement at South Coast Plaza Town Center. The I LJ Development Services Director reported that a request has been received from South Coast Plaza Town Center for approval of underground construction within the open space easement located north of the South Coast Plaza Hotel. The request -includes disruption of the surface of a portion of the easement which is necessary to con- struct the underground improvements. He also summarized a report from the Senior Planner dated December 3, 1981. Malcolm Ross, 3315 Fairview Road, Costa Mesa, represent- ing South Coast Plaza, was present to answer questions MOTION from the Council. A motion was made by Vice Mayor Hall, Underground seconded by Councilman.Johnson, and carried 5-0, approv- Construction ing the request for underground construction based on Approved the finding that the expansion of the underground load- ing area does not violate the open space easement, and that a temporary disturbance of the surface for the purpose of constructing the underground facility is acceptable within the time frame indicated. WARRANTS On motion by Councilman McFarland, seconded by Council - Warrant woman Hertzog, Warrant Resolution 1161 was approved by Resolution 1161 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 Mayor Resolution 1162 Schafer, Warrant Resolution 1162, including Payroll 8124, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY The City Attorney reported that a decision has been REPORTS reached by the Appellate Court that the Initiative Ordinance of 1978, rezoning 68 acres of Arnel property Arnel Lawsuit to R1 was invalid. He further advised that a more detailed written report would be forthcoming shortly containing options for Council consideration. Roushan Lawsuit The City Attorney reported that in regard to the Roushan lawsuit, being heard in Superior Court, Mr. Roushan was found in contempt of court in two instances, and the Court ordered one structure be removed within 30 days. He also advised that a written report on this matter would be forthcoming. Former Mayor Mayor Schafer introduced Robert Wilson, former Mayor of Recognized the City, who was in the audience. PUBLIC HEARING The Clerk announced .that this was the time and place set GP-81-3D/Land Use for the public hearing to amend the text of the Land Use Element Amendment/ Element of the City's General Plan to incorporate the Title XIII Amend- Urban Center Residential land use designation; to amend ment Council Resolutions 73-144, 75-24, and 75-99 concerning General Plan Amendment procedures and policies; and to amend Title XIII of the Costa Mesa Municipal Code to incorporate the PDR -UC (Planned Development Residential - Urban Center) zoning district. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director briefly reviewed the Planning staff report dated November 24, 1981, which details the sub- ject applications. Robert Wilson, 3435 Plumeria Place, Costa Mesa, and Mildred Nicholson, 2063 Republic Avenue, Costa Mesa, spoke in opposition to the PDR -UC zoning district because this would allow a density of 30 to 50 units per acre. Malcolm Ross of C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, spoke in support I LJ 40:1 of incorporating the PDR -UC district, stating that during the General Plan hearings in June, a Council goal was for balanced housing within the City. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hall, seconded by Councilman Resolution 81-96 McFarland, Resolution 81-96, being A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -81-3D, AMENDING THE TEXT OF THE LAND USE ELEMENT AND LAND USE TECHNICAL APPENDIX OF THE CITY OF COSTA MESA GENERAL PLAN TO INCORPORATE THE URBAN CENTER RESIDENTIAL LAND USE DESIG- NATION,.AND ALSO AMENDING COUNCIL RESOLUTIONS 73-144, 75-24, AND 75-99 CONCERNING GENERAL PLAN AMENDMENT PROCEDURES AND POLICIES, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland NOES: COUNCIL MEMBERS: Johnson ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilman McFarland, seconded by Vice Ordinance 81-25 Mayor Hall, Ordinance 81-25, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING REGULATIONS CONCERNING PLANNED DEVELOPMENTS WITHIN THE CITY OF COSTA MESA, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland NOES: COUNCIL MEMBERS: Johnson ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented Encroachment Permit EP -81-07, EP -81-07 William Stewart, authorized agent for George E. Regan, Stewart/Regan 387 Vista Baya, Newport Beach, and Mary G. McDowell, 101 Venetia Drive, Long Beach, to allow construction of a ground sign in future -right-of-way at 295 East 17th Street, in a C1 -S zone. Environmental Determination: Exempt. The Planning Commission recommended approval subject to conditions. The applicant was not present. MOTION On motion by Councilman Johnson, seconded by Vice Mayor Permit Approved Hall, and carried 5-0, the application was approved -subject to conditions recommended by the Planning Commission. EP -81-08 The Clerk presented Encroachment Permit EP -81-08,' Southern California Southern California Presbyterian Homes, authorized agent Presbyterian Homes/ for Garnic Carr Avetoom, 1633 Highland Drive, Newport Avetoom Beach, to allow construction of a ground sign in future right-of-way at 789 West 19th Street, in a Cl zone. MOTION Environmental Determination: Exempt. On motion by Withdraw Councilman McFarland, seconded by Vice Mayor Hall, and carried 5-0, the request was withdrawn as recommended by staff. Commissioner Mayor Schafer introduced Mark Sloate, Costa Mesa Traffic Recognized Commissioner, who was in the audience. ZE-77-246A The Clerk presented Zone Exception ZE-77-246A, Chase J. McLaughlin/South McLaughlin, authorized agent for South Coast Plaza, Coast Plaza 3315 Fairview Road, Costa Mesa, for an amendment to the Master Plan for South Coast Plaza Town Center to include approximately three million square feet of office, hotel, and entertainment facilities, and to realign a portion of Town Center Drive, located east of Bristol Street, between the San Diego Freeway and Sunflower Avenue, in a TC zone. Environmental Determination: Environmental Impact Report accepted on February 6, 1978. The -Planning Commission recommended approval subject to conditions. The Development Services Director stated that approval of the subject Master 40 ZE-81-185 and The Clerk presented Zone Exception ZE-81-185 and Tentative Map Tentative Map for Tract 11621, Jim Maniscalco, author - for Tract 11621 ized agent for the State of California, 2501 Harbor Maniscalco/State Boulevard, Costa Mesa, for a Conditional Use Permit and of California a Tentative Tract Map to allow 148 residential units as an accessory use on Fairview State Hospital property, �7 Plan amendment would allow for construction of the Orange County Music Center. Chase McLaughlin was present and spoke in support of the request. After MOTION discussion, a motion was made by Vice Mayor Hall, Zone Exception seconded by Councilwoman Hertzog, approving ZE-77-246A, Approved based on the analysis and findings contained in the Staff Report; subject to conditions recommended by the Planning Commission with Condition No. 4 amended to read, "Any modification to the South Coast Repertory driveway shall be subject to approval of the Public Services Director"; finding that the Final Environmental Impact Report for the Town Center, accepted February 6, 1978, adequately discusses the environmental effects of the proposed amendments; approving reallocation of square footage and realignment of Town Center Drive; and approving addition of 250,000 square feet for the music center development only, and retain a limit of 2.75 million square feet for other development within the Town Center. The motion carried 5-0. ZE-81-194 The Clerk presented Zone Exception ZE-81-194, Chase J. McLaughlin/South McLaughlin, authorized agent for South Coast Plaza, Coast Plaza 3315 Fairview Road, Costa Mesa, for a Final Development Plan for a 16 -story, 376,000 -square -foot office build- ing, two theatre buildings (approximately 250,000 square feet), and a parking structure for approximately.1,300 spaces, with variances from landscaped setback and parking standards, and a Conditional Use Permit for overlapping parking; located at the northeast corner of Park Center Drive and Town Center Drive, in a TC zone. Environmental Determination: Environmental Impact Report accepted February 6, 1978. The Develop- ment Services Director reported that the Planning Commission recommended approval with the exception of the variance from parking requirements, however, South Coast Plaza has filed an application for agglomerated parking for the entire Town Center development. Staff has recommended rewording of Condition No. 19 as follows, "Applicant shall pay an equitable share of the costs of providing fire fighting services within a designated service area, in -accordance with a formula devised by the City". Chase McLaughlin was present and agreed to the wording change for Condition No. 19. Ray Watson, 2501 Alta Vista Drive, Newport Beach, Chairman of the Facilities Committee of the Orange County Music Center, described the project and reported that twenty million dollars had been raised through private contri- butions. Councilman McFarland stated that Council and staff should be commended for their part in having the music center located in the City of Costa Mesa, and mentioned that Councilwoman Hertzog was on the Board of MOTION Directors for the center. On motion by Vice Mayor Hall, Zone Exception seconded by Councilwoman Hertzog, and carried 5-0, Approved ZE-81-194 was approved based on the analysis and find- ings and subject to conditions contained in the Staff Report, with modification of Condition No. 19 as stated above, and with the exception of the parking variance which Council denied; also, based on the finding that the environmental impact of the project were adequately discussed in the Final Environmental Impact Report accepted by Council on February 6, 1978. Recess The Mayor declared a recess at 7:40 p.m., and the meet- ing reconvened at 7:55 p.m. ZE-81-185 and The Clerk presented Zone Exception ZE-81-185 and Tentative Map Tentative Map for Tract 11621, Jim Maniscalco, author - for Tract 11621 ized agent for the State of California, 2501 Harbor Maniscalco/State Boulevard, Costa Mesa, for a Conditional Use Permit and of California a Tentative Tract Map to allow 148 residential units as an accessory use on Fairview State Hospital property, �7 located at the above address, in an I and R zone. Environmental Determination:. Negative Declaration. The Planning Commission recommended approval subject to conditions. Communications have been received from the following Costa Mesa residents in opposition to subject project: Mary J. Hanson, 2034 Monrovia Avenue; and Mr. and Mrs. Cal Beck, 2060 National Avenue. The Develop- ment Services Director reviewed the application as detailed in the Staff Report, and a memorandum from the Planning staff dated December 3, 1981, pointing out that no action was required by Council for Tentative Map of Tract 11621 since this was for information only. He also mentioned that the 148 units are for employees and patient/clients only as an accessory use in the I and R zone and could not be rented to the public unless the underlying General Plan designation and zoning are amended to allow such occupancy. Doctor Francis Crinella, Director of Fairview State Hospital, answered numerous questions from the Council and stated that the project was proposed because afford- able housing was necessary in order to attract and retain hospital employees. Jim Feeley, Vice President of Butler Housing, reported that it was their intention to construct a total of 550 units, and the 148 -unit project being considered at this time is the first phase. Mr. Feeley also gave a slide presentation of the various apartment plans. During discussion,'Mr. Feeley expressed concern with Condition No. 19 which calls for sidewalk construction on Harbor Boulevard; and stated his preference that the sidewalk be constructed in conjunction with a later phase. Mayor Schafer stated her desire for Council evaluation after the 148 units are completed and occupied before making a decision on further construc- tion. All Council Members voiced their agreement with this procedure, however, Mr. Feeley stated it would not be a viable project for Butler Housing if construc- tion is delayed after the first phase is completed. The following persons spoke in opposition to the appli- cation: Bob Hill, 456 Elmhurst Lane, Costa Mesa; Mrs. R.E. Stiers, 3601 South Garnsey Street, Santa Ana; Scott Lucian, westside resident; Mildren Nicholson, 2063 Republic Avenue, Costa Mesa; Robert Wilson, 3435 Plumeria Place, Costa Mesa; and Marge Offerman, 930 Oak Street, Costa Mesa. Jim West, 187 Morristown Lane, Costa Mesa, asked if the Harbor Boulevard sidewalk would be guaranteed if no further units were constructed after the first phase, and Mayor Schafer responded that it would not. MOTION A motion was made by Vice Mayor Hall, seconded by Zone Exception Councilman McFarland, to adopt the Negative Declaration Approved of Environmental Impact; to approve Zone Exception ZE-81-185 based on the analysis ,and findings and subject to conditions contained in the Staff Report, with Condi- tion No. 19 modified by indicating that the sidewalk construction on Harbor Boulevard be phased in at such a time as to have the least effect to it by construction activities, said time to be determined by the City Engineer. Considerable discussion ensued relating to Condition No. AMENDED MOTION 24, bike trail dedication,. and thereafter Vice Mayor Condition No. 24 Hall amended his motion by modifying Condition No -.-24 Modified to read, "Dedicate bike trail.per City's Master Plan of Bikeways along property leased by Butler Housing, from the northwest corner of the project to_that.point n*orth- erly of Merrimac Way on Harbor Boulevard and southerly �y to Merrimac Way, which is in the Master Plan of Bike- ways. The amended motion was seconded by Councilman McFarland, and carried 4-1, Johnson voting no. ORAL COMMMUNICATIONS Robert Wilson, 3435 Plumeria Place, Costa Mesa, former Mayor of Costa Mesa, congratulated Councilman McFarland Residency for recommending a residency requirement for Planning Requirement Commissioners. ZE-81-185 Dolores Koppe,2024 Republic Avenue, Costa Mesa, and Fairview Housing Carlos Young, 918 Center Street, Costa Mesa, expressed their opposition'to the approval of Zone Exception ZE-81-185, for construction of 148 apartment units on the Fairview State -Hospital property. Newport Beach Carlos Young also expressed his concern with statements Planning he read in a newspaper article, made by members of the Commissioners Newport Beach Planning Commissioners, relating to a proposed 75 -acre development in Newport Beach which _would impact traffic'on Monrovia and Whittier Avenues in the City of Costa Mesa. General Plan Gerry Odegaard, 16.32'Pegasus Street, Santa Ana Heights, Amendment voiced his opposition to Council approval of General Authorized Plan Amendment GP -81-3A on November 2, 1981, and requested a rehearing. After discussion, a motion was made by Vice Mayor Hall, seconded by Councilman Johnson, and carried 5-0, authorizing staff to initiate a General Plan Amendment for properties located at 219, 221, and 221-1/2 Avocado Street. COUNCILMANIC Mayor Schafer announced that a letter of resignation has COMMENTS been received from Richard Carstensen, Chairman of the Costa Mesa Planning Commission. A motion was made by Commissioner Councilman McFarland, seconded by Vice Mayor Hall, and Resignation carried 5-0, accepting Mr: Carstensen's resignation. Applications Mayor Schafer recommended,that an announcement be for Planning prepared requesting applications for the vacancy on the Commissioner Planning Commission. The Mayor advised that a date will be set in January, 1982, for Council to interview the applicants. Certificate On motion by Councilman McFarland, seconded by Vice Authorized Mayor Hall, and carried 5-0, authorization was given to present a Certificate of Appreciation to Mr. Carstensen. Letter of Thanks Councilwoman Hertzog suggested that a letter of thanks be directed to Richard Carstensen for his service on the Planning Commission, and Mayor Schafer responded that a letter would be sent. PAC Meeting Councilman McFarland announced that a Policy Advisory Committee (PAC) meeting would be held on December 10, 1981, in the Council Chambers of City Hall, concerning Route 55. Mayor Schafer reported that Route 55 will be discussed at the Study Session in January, 1982. ADJOURNMENT The Mayor declared the meeting adjourned at 10:05 p.m. k' or of the City of Co to Mesa ATTEST: Ti9v- Clerk of the City of Cost4 Mesa