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HomeMy WebLinkAbout01/18/1982 - City Council-() ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA January 18, 1982 The City Council of the City of Costa Mesa, met in regular session on January 18, 1982, 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 Doctor Gary Barmore, Fairview Community 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 Councilman McFarland, seconded by Vice January 4 and Mayor Hall, and carried 5-0, the minutes of the regular January 6, 1982 meeting of January 4, 1982, and the adjourned regular meeting of January 6, 1982, were appr.oyed as distributed and posted as there were no corrections:.. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried -5--O, to read all ordi- nances by title only. CONSENT CALENDAR On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, all 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 READING FOLDER On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried 5-0, the following Reading Folder items were received and processed: Claims The following claim was received by the Clerk: Noriko Fujimoto. Alcoholic Alcoholic Beverage License for which parking has Beverage been approved by the Planning Division: Arthur F. License and Beverly A. Donatelli, doing business as Donatelli's Italian Restaurant, 2230-D Fairview Road. Public Utilities Notice from the Public Utilities Commission of Commission the filing of Application No. 61027 by Southern California Edison Company, for the purpose of establishing revised tariffs to reflect changes in the Energy Cost Adjustment Billing Factors. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from March of Dimes Birth March of Dimes Defects Foundation, Orange County Chapter, 111 West Dyer Road, Suite 10-G, Santa Ana, by door-to-door solicita- MOTION tion from January 4 through June 30, 1982. On motion by Approved Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried 5-0, the request was approved with application of Municipal Code Section 9•234J, and subject to one condition recommended by the Revenue Division. 1 n. . Cerebral Palsy Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from United Cerebral Palsy Association of Orange County, 3020 West Harvard Street, Santa Ana, by collecting reuseable household goods and personal items from January 1 through December 31, 1982. MOTION On motion by Councilwoman Hertzog, seconded by Vice -Approved Mayor Hall, and carried 5-0, the request was approved with application of Municipal Code Section 9-234J. REJECTED CLAIMS On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried 5-0, the claim of William John Allen Allen was rejected. Willard On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried 5-0, the claim of Josephine Willard was rejected. Boling On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried 5-0, the claim of Nancy Boling was rejected. ADMINISTRATIVE An agreement was presented, between the City and Jones ACTIONS Maintenance Service, 3101 Fairview Road, Space 113, Santa Ana, in an amount not to exceed $6,000.00 per Agreement - Jones year. The agreement stipulates that contractor shall perform certain services, consisting of building and swimming pool maintenance, minor electrical repairs, and any other duties assigned by the Director of MOTION Leisure Services. On motion by Councilwoman Hertzog, Approved seconded by Vice Mayor Hall, the agreement was approved, and the City Manager was 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 Budget On motion by Councilwoman Hertzog, seconded by Vice Adjustment 82-31 Mayor Hall, Budget Adjustment 82-31, in the amount of $99,880.00, to increase the appropriation for the MOTION Central Computer Signal System, 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 Fairview Road Bids received for construction of the Fairview Road Left Turn Pocket Left Turn Pocket Southbound at the San Diego (405) Freeway are on file in the Clerk's office. On motion MOTION by Councilwoman Hertzog, seconded by Vice Mayor Hall, Awarded to the contract was awarded to Sully -Miller Contracting Sully -Miller Company, Post Office Box 432, Orange, in the amount of $33,093.91, 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 Contract Renewal Staff has recommended renewal of the contract with with Municipal Code Municipal Code Corporation, Post Office Box 2235, Talla- Corporation hassee, Florida, for continuation of services for updating the Costa Mesa Municipal Code. On motion by MOTION Councilwoman Hertzog, seconded by Vice Mayor Hall, the Approved contract renewal,was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 12 Notice of Installation of Safety Strips and Patterned Concrete on Completion Adams Avenue between Fairview Road and Harbor Boulevard has been completed to the satisfaction of the Director Safety Strips and of Leisure Services by Leonite Concrete, Incorporated, Patterned Concrete 1570 East Edinger Avenue, Suite "K", Santa Ana. On on Adams Avenue motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, the work was accepted; the Clerk was authorized to MOTION file a Notice of Completion; and the bonds were ordered Recommendations exonerated 35 days after the Notice of Completion has Approved been filed. 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 OLD BUSINESS On motion by Councilman McFarland, seconded by Council- woman Hertzog, Ordinance 82-1, being AN ORDINANCE OF THE R-81-15 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Wilkinson CHANGING THE ZONING OF LOT 36, FAIRVIEW FARMS, FROM R1 TO R2, in connection with Rezone Petition R-81-15, MOTION Robert E. Wilkinson, for property located at 600 Ordinance 82-1 Victoria Street, was given second reading and adopted Adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None R-81-16 On motion by Vice Mayor Hall, seconded by Councilman City Council Johnson, Ordinance 82-2, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING MOTION THE ZONING OF A PORTION OF LOT 67, TRACT NO. 57, FROM Ordinance 82-2 AP -CP TO CL, in connection with Rezone Petition R-81-16, Adopted Costa Mesa City Council, for property located at 276 Victoria 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 Tree Removal The Clerk presented from the meeting of December 21, Program 1981, a report from a citizens committee regarding a tree removal program. Karen L. McGlinn, 2365 Notre Dame Road, Costa Mesa, member of the subject committee, submitted a report dated January 18, 1982, entitled, "A Report and Recommendations by Parkway Tree Committee for City of Costa Mesa". Mrs. McGlinn detailed further information the committee had obtained, after subject report had been completed, regarding root pruning and cost figures. Mayor Schafer suggested, and the Council concurred, that staff review the report, the committee and staff meet to discuss the contents, after which time staff is to submit their recommendations to the Council. WARRANT On motion by Councilman McFarland, seconded by Council- woman Hertzog, Warrant Resolution 1166, including Pay - Warrant roll 8201, was approved by the following roll call vote: Resolution 1166 AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER'S The City Manager presented Bid Item 515, Computer Hard - REPORT ware and Software, and reviewed a memorandum from the Director of Finance, dated January 7, 1982. On recom- Bid Item 515 mendation by the City Manager, a motion was made by Computerware Vice Mayor Hall,seconded by Councilwoman Hertzog, to award the contract to International Business Machines Corporation for a Model 4331, Group 2 computer, in the approximate amount of $457,234.00, plus freight, taxes, and operating software. 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 PUBLIC HEARING The Clerk announced the public hearing, continued from the meeting of October 5, 1981, for Zone Exception ZE-79-136 ZE-79-136, Los Angeles Times, Times-Mirror Square, Los Los Angeles Times Angeles, for a Conditional Use Permit to allow a heli- port at 1375 Sunflower Avenue, in an MP zone. Environ- mental Determination: Negative Declaration. A letter has been received from the applicant withdrawing the MOTION request. On motion by Councilman McFarland, seconded Withdrawn by Councilwoman Hertzog, and carried 5-0, the applica- tion was withdrawn as requested. PUBLIC HEARING The Clerk announced the public hearing, continued from the meeting of October 5, 1981, for Zone Exception ZE-80-24 ZE-80-24, Vertical Aeronautics, 14423 Sylvan Street, Van Downey Savings Nuys, authorized agent for Downey Savings and Loan Association, 3200 Bristol Street, Costa Mesa, for a Conditional Use Permit to utilize a portion of a parking structure as a heliport at 3200 Bristol Street, in a TC zone. Environmental Determination: Negative Declara- tion. Communications in opposition to the heliport have been received from the following Costa Mesa organizations and citizens: Results of a survey, dated November 16, 1981, conducted by the North Costa Mesa Homeowners Association, 1074 Redding Avenue, indicating 87 percent of 19.25 percent polled opposed; North Costa Mesa Homeowners Association, dated January 16, 1982; Joint Associations Board of Costa Mesa, 1074 Redding Avenue; a petition containing 47 signatures; Mr. and Mrs. T. Lovsto, 3363 Larkspur Street; Annemarie and Albert Mooiweer, 3371 Larkspur Street; Joann M., Robert K., and Jennifer M. Smith, 3449 Fuchsia Street; and Fred and Lorna Pecoraro, 3351 Fuchsia Street. Mayor Schafer reported that she had received the follow- ing communications from Costa Mesa residents opposing the heliport: Mary Ann Rose, 3100 Yellowstone Drive; Mr. and Mrs. John Driessen, 3440 Fuchsia Street; Jean Cochrane, 1074 Santa Cruz Circle; Mr. and Mrs. Gerald V. Hansen, 1115 Visalia Drive; and a petition containing 18 signatures. The Senior Planner reviewed the report from the Planning staff, dated January 13, 1982, which contained the recommendation that the application be approved subject to conditions. The following Costa Mesa residents spoke in opposition to the heliport: Dave Leighton, 1074 Redding Avenue, representing the North Costa Mesa Homeowners Associa- tion;. Harry Wong, 3112 Yellowstone Drive; Ruth Rossington, 1340 Garlingford.; Joan Forbeck, 1973 Newport Boulevard, Space 51, representing the Rolling Hills Mobile Park residents; Harriet Went, 3370 Mari- gold Circle; Jay Reynolds, 1600 Coriander Drive; Mary Ann Rose, 3100 Yellowstone Drive; Mary Taman, 1067 Santa Rosa Avenue; Dan Gott, 953 Dahlia Avenue; Sam Berry, 666 Darrell Street, representing the Mesa West Homeowners Association; Robert Wilson, 3435 Plumeria Place; Henry Wong, 3082 Roanoke Lane; Darrilyn Oliver, 3077 Yukon Avenue; Scott Williams, 3465 Santa Clara Circle; David Brown, 871 Prospect Place; Mary Naylor, 14 3137 Trinity Drive; Sol Schweitzer, 636 Rhine Lane; and Ardie Camillo, 877 Liard Place. The following persons spoke in support of the request: Lee Ambers and Lauretta Foy of Vertical Aeronautics, authorized agents for subject project; Bradford Aborn, 788 Quail Circle, Anaheim, chief pilot for Downey Savings and Loan; and Bob McDaniels, 4324 Donald Douglas Drive, Long Beach, President of the Professional Heli- copter Pilots Association of California. There being no other speakers, the Mayor closed the public hearing. MOTION After lengthy discussion, a motion was made by Council - Approval Failed man McFarland, seconded by Vice Mayor Hall, to adopt the to Carry Negative Declaration of Environmental Impact, and to approve Zone Exception ZE-80-24, subject to all condi- tions including those contained in the memorandum dated January 13, 1982, and based on the findings contained in the Staff Report. The motion failed to carry 2-3, Council Members Schafer, Hertzog, and Johnson voting no. MOTION A motion was made by Councilman Johnson, seconded by Denied Mayor Schafer, to deny the permit based on the following findings: (1) the proposed use is detrimental to the .surrounding,properties; (2) the heliport is incompatible with the surrounding neighborhoods and the future use of the nearby Sakioka property, a large part of which will be residential; and (3) residents of the City have spoken against heliports within the City limits and the proposed use would be detrimental to the safety of nearby properties. The motion carried 3-2, Council Members Hall and McFarland voting no. RECESS Mayor Schafer declared a recess at 9:10 p.m., and the meeting reconvened at 9:25 p.m. PUBLIC HEARING The Clerk announced that this was the time and place set for the public hearing for Rezone Petition R-81-18, R-81-18 C. R. Spiller, Jr., Orange and Cabrillo, Limited, 234 Spiller East 17th Street, Suite 117, Costa Mesa, for permission to rezone property located at 176-186 Cabrillo Street and 1745-1747 Orange Avenue, from R2 to R4. Environ- mental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission and Planning staff recommended approval. Mr. Spiller was present to answer questions from the Council, however, there were none. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hall, seconded by Councilman Ordinance 82-3 Johnson, the Negative Declaration of Environmental First Reading Impact was adopted; and Ordinance 82-3, being AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF 176, 182, AND 186 CABRILLO STREET, AND 1745 AND 1747 ORANGE AVENUE, FROM R2 TO R4, was given first reading with second reading and adoption held until after the Final Tract Map has been recorded. 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 EIR for The Clerk announced that this was the time and place set Civic Center to consider the Final Environmental Impact Report (EIR) to amend the Master Plan for the Costa Mesa Civic Center, located at 77-99 Fair Drive, in an I and R zone. The Affidavit of Publication is on file in the Clerk's 15 office. No communications have been received. The Development Services Director reported that the Council ZE-81-206 will also be considering Zone Exception ZE-81-206, Costa City Council Mesa City Council, to amend the Master Plan for the Costa Mesa Civic Center -to include addition of a 7,000 - square -foot communication center, a 7,100 -square -foot fire station, and relocation of an existing heliport 190 feet north. In reporting on the EIR, the Senior Planner stated that staff has recommended one modification on Page 30, third paragraph, amending the second sentence to read, "By Fire Department policy, all fire department vehicles are required to utilize their warning sirens immediately upon being dispatched from the fire station in an emer- gency situation". There being no speakers, the Mayor closed the public hearing. Lengthy discussion followed relating to noise impacts to the surrounding residential area due to emergency MOTION vehicle sirens. -A motion was made by Vice Mayor Hall, Accept Portion seconded by Councilman McFarland, to accept as adequate of EIR and accurate only those portions of the EIR relating to the heliport relocation and addition of the communi- cations center, however, Vice Mayor Hall did request staff input as to whether or not his motion was feasible. The Assistant City Manager reported that subject project has been split into two phases all along, the fire station being Phase Two. The City Attorney recommended approval of the EIR for Phase One only, which includes the heli- port, communications center, and parking. MOTION AMENDED Vice Mayor Hall amended his motion to accept as adequate EIR Accepted and accurate that portion of the EIR pertaining to for Phase One Phase One of the project, holding in abeyance Phase Two relating to addition of a fire station. The amended motion was seconded by Councilman McFarland, and carried 5-0. MOTION On moti.on by Vice Mayor Hall, seconded by Councilman Portions of Johnson, and carried 5-0, the portions of Zone Exception ZE-81-206 ZE-81-206 pertaining to the heliport, communications Approved center, and parking were approved, subject to all condi- tions contained in the staff report, holding in abeyance approval of the proposed fire station. PUBLIC HEARING The Clerk announced that this was the time and place set Housing Strategy for the public hearing for amendments to the Comprehen- of General Plan sive Housing Strategy of the Costa Mesa General Plan. Environmental Determination: Environmental Impact Report accepted on July 20, 1981, for the City's General Plan. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Senior Planner reported that in recommending adop- tion of the proposed amendments, which Council had discussed at their Study Session of January 11, 1982, the Planning Commission suggested a minor revision to Amendment 2A by the addition of a second sentence read- ing as follows: "Local provisions shall include sufficient detail to indicate specific responsibilities of the developer (provision of adequate information, performance criteria, and operational controls to deter- mine compliance with AB 1151) and of the City (provision of specific incentives and/or bonuses to enable the developer to provide lower-cost units) to fully imple- ment the program in conformance with the legislative intent". Uwa There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hall, seconded by Councilwoman Resolution 82-6 Hertzog, Resolution 82-6, being A RESOLUTION OF THE CITY Amendments Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING AMENDMENTS TO THE COMPREHENSIVE HOUSING STRATEGY OF THE GENERAL PLAN, was adopted by the following vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented an appeal of the Planning Commis - Appeal of sion's denial of phased construction in connection ZE-81-210/Thorp with their approval of Zone Exception ZE-81-210, from Henry Thorp, 2144 Orange Avenue, Costa Mesa, for a Conditional Use Permit for an eight -unit condominium project, with variances from density and rear setback, for property located at 2132-2140 Orange Avenue, in an R2 zone. Environmental Determination: Negative Declar- ation. The Affidavit of Mailing is on file in the Clerk's office. The Development Services Director reported staff's concern that construction phasing could create problems resulting in a partially completed project, and that approval of such.phasing could establish a precedent. Henry Thorp was present and referred to his letter dated December 21, 1981, which explains his problem with financing of the project unless construction is done in phases. Mrs. Le Roy Van Riper, 222 Cottage Place, whose property is to the rear of subject site, stated that she had no objections to Mr. Thorp's construction plans. Roberta Thorsell, 2120 Orange Avenue, Costa Mesa, owner of rental units at 2128 Orange Avenue adjacent to subject property, spoke in support of phasing construction. MOTION A motion was made by Vice Mayor Hall, seconded by Coun- Approve Phasing cilwoman Hertzog, to approve construction phasing as Construction detailed under Option 1, third page of the Staff Report, subject to all conditions, and based on the following findings: the phasing will create new and additional housing stock for the City of Costa Mesa; it will give a local small businessman the opportunity to succeed in business; and it will not be detrimental to the sur- rounding area whatsoever. MOTION AMENDED Considerable discussion followed, and thereafter Vice Condition Added Mayor Hall amended his motion, seconded by Councilwoman Hertzog, by adding an additional condition that if the four front units are not demolished, they shall be brought into architectural conformity with the new units at the rear of the property, with a time limit of three years. SECOND AMENDED After further discussion, Vice Mayor Hall again amended MOTION his motion, seconded by Councilwoman Hertzog, to include Failed to Carry the requirements detailed on the last page of the Staff Report shown under Option 1. The motion failed to carry 2-3, Council Members Schafer, McFarland, and Johnson voting no. MOTION A motion was made by Councilman McFarland, seconded by Held Over Mayor Schafer, to deny construction phasing, however, Councilman McFarland made a substitute motion to con- tinue this item to the meeting of February 1, 1982. The substitute motion was seconded by Mayor Schafer, and carried 5-0. r u ZE-81-207 The Clerk presented Zone Exception ZE-81-207, Chase J. South Coast Plaza McLaughlin, authorized -agent for South Coast Plaza, 3315 Fairview Road, Costa Mesa, for an amendment to the Town Center Master Plan to include a Conditional Use Permit for off-site parking and overlapping parking, located at South Coast Plaza Town Center, in a TC zone. Environ- mental Determination: Negative Declaration. MOTION On motion by Vice Mayor Hall, seconded by Councilman Approved McFarland, and carried 5-0, the Negative Declaration of Environmental Impact was adopted; and the zone exception was approved based on the analysis and findings and subject to conditions contained in the Staff Report, including the amendment to Condition No. 1 as stated in subject report. ORAL John DeWitt, 2000 Balearic Drive, Costa Mesa, referred COMMUNICATIONS to his letter dated January 10, 1982, which stated that he would be presenting a progress print of his City Tree Tree Removal Master Plan Thesis, copies of which had been submitted Program to the Council and certain Department Heads. Mr. DeWitt summarized the highlights of his report. The Council commended Mr. DeWitt on his efforts and suggested that the thesis be submitted to the citizens committee. COUNCILMANIC The Mayor read a letter from Mrs. Jackie Heather, Mayor COMMENTS of the City of Newport Beach, responding to Mayor Route -55 Schafer's communication concerning the Route 55 Study. Commissioner The Mayor announced that the City Council would be Interviews interviewing for the vacant Planning Commission seat on Wednesday. ADJOURNMENT At 11:25 p.m., the Mayor adjourned the meeting to the fifth floor Conference Room of City Hall, at 5:30 p.m., on Wednesday, January 20, 1982, to continue Council business. Mayor of the City of Cost Mesa ,ATTEST: City Clerk of the City of Costa esa 'i1 9M