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HomeMy WebLinkAbout03/15/1982 - City Councild.2 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 15, 1982 The City Council of the City of Costa Mesa, met in regular session on March 15, 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 Monsignor Thomas J. Nevin, St. Joachim Catholic Church. ROLL -CALL 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 Councilwoman Hertzog, seconded by Council - March 1, 1982 man McFarland, and carried 5-0, the minutes of the regular meeting of March 1, 1982, were approved. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilman Johnson, and carried 5-0, to read all ordi- nances by title only. CONSENT CALENDAR The following item was removed from the Consent Calen- dar: Item 3, Request for a live entertainment permit with public dancing from Sports Roundup. On motion by Vice Mayor Hall, Johnson, the remaining Consent approved in one motion by the AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: WRITTEN COMMUNICATIONS seconded by Councilman Calendar items were following roll call vote: Schafer, Hall, Hertzog, McFarland, Johnson None None A request was presented for authorization to destroy Destruction of certain records in the City Clerk's Department. On Records for City motion by Vice Mayor Hall, seconded by Councilman Clerk Johnson, Resolution 82-•15, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK'S Resolution 82-15 DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO Adopted ORDINANCE 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 Vice Mayor, Hall, seconded by Councilman Johnson, and carried 5-0, the following Reading Folder items were received and processed: Claims The following claims were received by the Clerk: Susan A. Evans; Lauraine Buffington; and Frank Y. Hutchison. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi - Licenses sion, from: Casino USA, Incorporated, doing Aa business at 3300 Bristol Street; Alvin F. Boehm, Doris L. Boehm, and Gene H. Faulstick, doing business at 752 St. Clair Street; Robert H. Stopher/receiver, doing business at 2531 Bristol Street; New Kona Lanes, Incorporated, doing bus- iness at 2699 Harbor Boulevard; and Nancy J. Lawton, William S. Lawton, Dayna M. Parnell, and Michael E. Parnel, doing business as Plaza Verde Liquor, 1525 Mesa Verde Drive East, Suites 127, 128, and 129. Super Bowl XX A resolution from the City of Orange supporting the efforts of the cities of Anaheim, Buena Park, and other Orange County cities and organizations to bring Super Bowl XX to Anaheim Stadium. Utility Rate Communication from Sierra Foothills Community Increases Assistance Project, Incorporated, 144-C Hughes Road, Grass Valley, California, requesting each city and county in the State to adopt a resolu- tion protesting the recent rate increases approved by the Public Utilities Commission. Public Utilities Notice from the Public Utilities Commission of Commission the State of California, of the filing of Appli- cation No. 82-02-40 by Southern California Edison Company, for authority to establish a major addi- tions adjustment clause, to implement a.major additions adjustment billing factor and an annual major additions rate to recover the costs of owning, operating, and maintaining San Onofre Nuclear Generating Station Unit No. 2, and to adjust downward net energy cost adjustment clause rates to equal the increase in major additions adjustment clause rates. LAFCO Notification from the Local Agency Formation Commission (LAFCO) of the County of Orange, that determination will be made on March 10, 1982, on proposed annexation to the Costa Mesa Sanitary District, designated Engineer's No. 201 Annexa- tion, located in the general area of Vanguard Way and Fair Drive. SET FOR PUBLIC HEARING On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried 5-0, the following item was set for R-82-02 public hearing on April 5, 1982, at 6:30 p.m., in the Crown/Kobor Council Chambers of City Hall: Rezone Petition R-82-02, Crown Engineering and Surveying Corporation, authorized MOTION agent for George Kobor, Post Office Box 5185, Beverly Hearing Set Hills, for permission to rezone property located at 2881 and 2891 Bear Street from R3 to R4. Environmental Determination: Negative Declaration. Weed Abatement A resolution was presented, declaring weeds and rubbish to be a public nuisance. On motion by Vice Mayor Hall, Motion seconded by Councilman Johnson, Resolution 82-16, being Resolution 82-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted/Hearing MESA, CALIFORNIA, DETERMINING AND DECLARING THAT RUBBISH Set AND WEEDS WHICH BEAR SEEDS OF DOWNY OR WINGY NATURE AND WEEDS WHICH ATTAIN SUCH A LARE GROWTH AS TO BECOME A FIRE NUISANCE WHEN DRY, AND WEEDS WHICH ARE OTHERWISE NOXIOUS OR DANGEROUS ARE GROWING UPON CERTAIN STREETS, SIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY IN THE CITY OF COSTA MESA, AND THAT THE SAME ARE A PUBLIC NUISANCE; DIRECTING THE FIRE CHIEF OR HIS DESIGNEE TO POST NOTICES TO REMOVE SAID RUBBISH AND DESTROY SAID WEEDS AS REQUIRED BY LAW; FIXING THE TIME FOR HEARING ALL OBJEC- TIONS OR PROTESTS AND DIRECTING THE ABATEMENT THEREOF IN ACCORDANCE WITH DIVISION III OF ARTICLE 1 OF CHAPTER III, COSTA MESA MUNICIPAL CODE, setting a public hearing for April 19, 1982, at 6:30 p.m., in the Council Chambers of City Hall, was adopted by the following roll Change Order The Director of Public Services has recommended approval No. 12 - Richter of Change Order No. 12, in the amount of $25,317.00, in connection with the contract with Arnold F. Richter Con- Baker/Paularino struction, 11 North Fifth avenue, Arcadia. The increase Crossings is for additional work as a result of variations in field condition relating to the Baker Street/Paularino MOTION Avenue crossings at the Santa Ana Delhi Channel. On Approved motion by. Vice Mayor Hall, seconded by Councilman John- son, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Installation of Traffic Signals on Baker Street has been Completion completed to the satisfaction of the Director of Public Services by Grissom and Johnson, Post Office Box 10040, Baker Street Santa Ana. On motion by Vice Mayor Hall, seconded by Traffic Signals Councilman Johnson, the work was accepted; the Clerk was authorized to file a Notice of Completion; and the bonds and 10 percent retention were ordered exonerated 35 days after the Notice of Completion has 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 Notice of Installation of Traffic Signals on Adams Avenue has Completion been completed to the satisfaction of the Director of r� call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIM On motion by Vice Mayor Hall, seconded by Councilman Gallager Johnson, and carried 5-0, the claim of Michael Gallager was rejected. ADMINISTRATIVE ACTIONS The Traffic Commission has recommended that parking be Prohibition of prohibited on the south side of 22nd Street, 100 feet Parking on 22nd west of Santa Ana Avenue, for the purpose of establish - Street ing a bus stop. On motion by Vice Mayor Hall, seconded by Councilman Johnson, Resolution 82-17, being A RESOLU- MOTION TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Resolution 82-17 CALIFORNIA, ESTABLISHING A BUS STOP WITHIN THE CITY OF Adopted COSTA MESA, was adopted by the following roll call vote: _ AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Commission has recommended that parking be Parking on prohibited on the south side of Sunflower Avenue from Sunflower Avenue Park Center Drive easterly'to 300 feet east of Stevens Street, to prevent infringement on private property and MOTION restriction of the travelway. On motion by Vice Mayor Resolution 82-18 Hall, seconded by Councilman Johnson, Resolution 82-18, Adopted being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF SUNFLOWER AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order The Director of Public Services has recommended approval No. 12 - Richter of Change Order No. 12, in the amount of $25,317.00, in connection with the contract with Arnold F. Richter Con- Baker/Paularino struction, 11 North Fifth avenue, Arcadia. The increase Crossings is for additional work as a result of variations in field condition relating to the Baker Street/Paularino MOTION Avenue crossings at the Santa Ana Delhi Channel. On Approved motion by. Vice Mayor Hall, seconded by Councilman John- son, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Installation of Traffic Signals on Baker Street has been Completion completed to the satisfaction of the Director of Public Services by Grissom and Johnson, Post Office Box 10040, Baker Street Santa Ana. On motion by Vice Mayor Hall, seconded by Traffic Signals Councilman Johnson, the work was accepted; the Clerk was authorized to file a Notice of Completion; and the bonds and 10 percent retention were ordered exonerated 35 days after the Notice of Completion has 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 Notice of Installation of Traffic Signals on Adams Avenue has Completion been completed to the satisfaction of the Director of r� r- 5 Public Services by Grissom and Johnson, Post Office Box Adams Avenue 10040, Santa Ana. On motion by Vice Mayor Hall, sec - Traffic Signals onded by Councilman Johnson, the work was accepted; the Sports Roundup Clerk was authorized to file a Notice of Completion; and the bonds and 10 percent retention were ordered exonerated 35 days after the Notice of Completion has been filed. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson WARRANTS NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for A Final Map was presented for Tract 11708, Balalis Tract 11708 and Pigneri Development Corportion, 3471 Via Lido, approved Suite 211, Newport Beach; one lot, 0.17 -acre, located Balalis and at 213 East 18th Street, for condominium purposes. On Pigneri motion by Vice Mayor Hall, seconded by Councilman Johnson, the map was approved, and the Council did MOTION accept on behalf of the City of Costa Mesa the ingress/ Approved egress easement for emergency vehicle purposes as dedi- cated. The motion carried by the following roll call Casey Lawsuit vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final -Map for A Final Map and Subdivision Agreement were presented Tract 11512 for Tract 11512, Earl and Pegy Olrich, 2881 Europa Drive, Costa Mesa, one lot, 0.29 -acre, located at 1301 Baker Street, for condominium purposes. The Council approved the map and agreement on January 4, 1982, however, the applicant has not complied with City and MOTION County map processing requirements. On motion by Vice Approval Mayor Hall, seconded by Councilman Johnson, and carried Rescinded 5-0, Council rescinded their earlier approval of subject map and agreement. Cost of Living On motion by Vice Mayor Hall, seconded by Councilman Increase for Johnson, Resolution 82-19, being A RESOLUTION OF THE Retirees CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUPPORTING THE CLAIM OF THE CITY OF ANAHEIM FOR STATE - MOTION MANDATED COSTS ASSOCIATED WITH CHAPTER 1244, STATUTES Resolution 82-19 OF 1980, COST OF LIVING INCREASE FOR RETIREES, was Adopted adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None BUSINESS PERMIT Item 3 on the Consent Calendar was presented, a request from The Roundup Corporation, doing business as Sports Sports Roundup Roundup, 843 West 19th Street, Costa Mesa, for a live entertainment permit with public dancing at the above address. The applicant was present and agreed to all conditions. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried 5-0, the request was approved subject to conditions recommended by the Revenue Division. WARRANTS On motion by Councilman McFarland, seconded by Council - MOTION man Johnson, Warrant Resolution 1172, including Payroll Warrant 1172 8205, was approved by the following roll call vote: approved AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY REPORTS The City Attorney presented a proposed settlement relating to Laurie Elaine Casey versus the City of Costa Casey Lawsuit Mesa. On motion by Councilman McFarland, seconded by . Councilwoman Hertzog, the proposed settlement, outlined MOTION in the Assistant City Attorney's confidential memorandum Settlement dated March 4, 1982, was authorized by the following Authorized roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented a report dated March 9, 1982, REPORTS containing recommendations for general revenue sharing/ community service allocations. On March 6, 1982, Revenue Sharing Council Members Donn Hall and Norma Hertzog, Social Allocations Program Screening Committee, interviewed 23 representa- tives of agencies applying for funds. The committee recommended funding for 16 agencies for a total of $130,617.00. The City Manager also requested author- ization to enter into second recipient agreements with those agencies who will be receiving allocations. MOTION On motion by Vice Mayor Hall, seconded by Councilman Recommended Johnson, the recommendation of the Screening Committee Allocations was approved; and the City Manager was authorized to Approved execute second recipient agreements. 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 Fund Solicitation The City Manager presented a request from Zonta Inter - Request - Zonta national,.2101 - 15th Street, Newport Beach, for a permit to hold a fund raising activity for the Orange- wood Children's Home building, to be held on March 28, MOTION 1982, at 1989 Harbor Boulevard. On motion by Councilman Approved McFarland, seconded by Councilwoman Hertzog, and carried 5-0, the permit was approved subject to conditions recommended by the Revenue Division. Request for The City Manager requested that a closed session be held Closed Session at the end of regular business for the purpose of dis- cussing personnel matters. PUBLIC HEARING The Clerk announced that this was the time and place set for the public hearing for General Plan Amendment GP -82-1B GP -82-1B, Costa Mesa City Council, to amend the land use -designation of property located at 219, 221, and 221-1/2 Avocado Street from High Density Residential to General Commercial. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. The Planning Commission and Planning staff recommended implementation of Option I, retention of the existing High Density Residential Land Use designation for the three parcels included in the amendment. A communication has been received from Gerald E. Ode- gaard, 1632 Pegasus Street, Santa Ana Heights, owner of property located at 217 Avocado Street, in support of the General Commercial designation. The Senior Planner gave a slide presentation of the subject properties, and reviewed his memorandum dated March 9, 1982, which summarized the issues surrounding GP -82-1B. Michael Joyce, representing Alta Equities, owner and developer of property located at 2183 Fairview Road, reported that in April, 1981, Alta Equities obtained approval of a Tentative Parcel Map and a Conditional Use Permit for the purpose of developing an office f� 1 condominium, however, if High Density Residential is retained on the three parcels under discussion, it would be necessary for his client to file an application for a variance to legalize the nonconforming setbacks of their buildings. He requested that such a variance be approved permanently. The Development Services Director responded that vari- ances run with the land and staff would look favorably on the request because of the odd shape of Alta's property. Gerald Odegaard summarized the communication he had submitted dated March 9, 1982, supporting the General Commercial designation. Milton Meehan, owner of property at 221-1/2 Avocado Street, and Bill Thomas, co-owner with Mr. Meehan of property located at 231-33 Avocado Street, spoke in support of High.Density Residential. MOTION On motion by Vice Mayor Hall, seconded by Councilman Ordinance 82-5 Johnson, the Negative Declaration of Environmental First Reading Impact was adopted; and Ordinance 82-5, being AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF LOTS 51 AND 61, NEWPORT HEIGHTS TRACT FROM MG AND C1 -CP TO CL, 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 FORMER MAYOR The Mayor introduced Robert Wilson, former Mayor of the RECOGNIZED City, who was in the audience. RECESS Mayor Schafer declared a recess at 7:35 p.m., and the meeting reconvened at 7:45 p.m. PUBLIC HEARINGS The Clerk announced that the next three public hearings Langslet/Seger- are in connection with a project of C. Robert Langslet strom/College and Son, 296 Redondo Avenue, Long Beach, authorized District agent for C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, and Coast Community College District, 1370 Adams Avenue, Costa Mesa, for property located at the .northwest corner of Adams Avenue and Pinecreek Drive. There being no other speakers, the Mayor closed the public hearing. MOTION After brief discussion, a motion was made by Councilman High Density McFarland, seconded by Councilwoman Hertzog, to imple- Residential ment Option I, retention of existing High Density Retained Residential designation for all three parcels. The motion carried 5-0. PUBLIC HEARING The Clerk announced that this was the time and place set for the public hearing for Rezone Petition R-82-03, R-82-03 Randy Wawrzyniak, 206 West Nobel Avenue, Santa Ana, Land and Sea authorized agent for Land and Sea Enterprises, Post Enterprises Office Box 2416, Capistrano Beach, for permission to rezone property located at 1680 Superior Avenue from MG and Cl -CP to CL. Environmental 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. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hall, seconded by Councilman Ordinance 82-5 Johnson, the Negative Declaration of Environmental First Reading Impact was adopted; and Ordinance 82-5, being AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF LOTS 51 AND 61, NEWPORT HEIGHTS TRACT FROM MG AND C1 -CP TO CL, 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 FORMER MAYOR The Mayor introduced Robert Wilson, former Mayor of the RECOGNIZED City, who was in the audience. RECESS Mayor Schafer declared a recess at 7:35 p.m., and the meeting reconvened at 7:45 p.m. PUBLIC HEARINGS The Clerk announced that the next three public hearings Langslet/Seger- are in connection with a project of C. Robert Langslet strom/College and Son, 296 Redondo Avenue, Long Beach, authorized District agent for C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, and Coast Community College District, 1370 Adams Avenue, Costa Mesa, for property located at the .northwest corner of Adams Avenue and Pinecreek Drive. t� PUBLIC HEARING The Clerk announced that this was the time and place set EIR for GP -82-1A for the public hearing to consider the Environmental Impact Report (EIR) for General Plan Amendment GP -82-1A. The Affidavit of Publication is on file in the Clerk's office. A memorandum from the Associate Planner dated March 11, 1982, was submitted to the Council and -the attachments include an Errata to the EIR, memorandums incorporated by the Planning Commission, comments received during the public review period, and responses to these com- ments. These materials along with the draft EIR constitute the final EIR. Staff recommended that the following mitigation measure for water quality impacts on Upper Newport Bay should also become a condition, if approved: "An erosion/ siltation control plan shall be prepared under the direction of the California Regional Water Quality Control Board. This plan shall be implemented for all stages of grading and construction". A memorandum from the City's Transportation Manager dated March 15, 1982, contains corrected Intersection Capacity Utilization (ICU) for Harbor Boulevard at Adams Avenue and is to be included as an EIR mitigation measure. Michael Engle from C. Robert Langslet and Sons, was present to give an audio-visual presentation, however, since the Council had already viewed this material, it was not shown. There being no other speakers, Mayor Schafer closed the public hearing. MOTION A motion was made by Vice Mayor Hall, seconded by EIR Accepted Councilman Johnson, accepting the Final Environmental Impact Report as adequate and accurate, including the documents attached to the Associate Planner's memoran- dum dated March 11, 1982; the water control mitigation recommended by the Planning staff; and the corrected Intersection Capacity Utilization (ICU) contained in the Transportation Manager's memorandum dated March 15, 1982. The motion carried 5-0. PUBLIC HEARING The Clerk announced that this was the time and place GP -82-1A set for the public hearing for General Plan Amendment Langslet/Seger- GP -82-1A, to amend the land use designations from High Strom/College Density Residential and General Commercial to Urban District Center Residential. The Affidavit of Publication is on file in the Clerk's office. A letter has been received,from Mr. and Mrs. Donald V. Nicholson, 2063 Republic Avenue, Costa Mesa, opposing the condominium project. A communication was received from the Joint Associations Board of Costa Mesa, 1074 Redding Avenue, Costa Mesa, outlining their position on the proposed project. A communication has been received from Robert Moore, President of Orange Coast College, 2701 Fairview Road, Costa Mesa, in support of subject project. A letter was hand delivered to the Mayor from C. J. Segerstrom and Sons, transmitting a communication from Frank J. Venclik, Regional Manager of the Automobile Club of Southern California, pointing out problems his employees have encountered in locating moderately priced housing'in the Orange County area. 4:9 The Senior Planner reviewed the application and answered questions from Councilwoman Hertzog regarding rezoning of the two parcels. Jean Forbath, 2880 Clubhouse Road, Costa Mesa, stated that she would favor the project if low and moderate priced housing is included. Dave Leighton, President of the North Costa Mesa Homeowners Association, 1074 Redding Avenue, Costa Mesa, thanked the Council for including the homeowners board members in previous discussions. Mr. Leighton summarized the communication submitted by the Joint Associations Board dated March 14, 1982, which con- tains their concerns and questions regarding the proposed project. Bob Moore, 2724 Mendoza Drive, Costa Mesa, President of Orange Coast College, and past president of the Costa Mesa Chamber of Commerce, spoke in support of the request. In response to Councilwoman Hertzog's question, Mr. Moore stated that the Coast Community College District would probably lease that land to the developer on a long-term basis. John Cashion, owner of Pinecreek Village, located east of the proposed development, expressed concern over the high density being requested and its impact on traffic. Malcolm Ross of C. J. Segerstrom and Sons thanked Dave Leighton and Sam Berry, members of the Joint Associa- tions Board, for their interest by visiting other similar developments and holding a board meeting to discuss the project. Diane Pattison, member of the Newport Harbor -Costa Mesa Board of Realtors, 401 North Newport Boulevard, Newport Beach, spoke in support of the proposed development. She also submitted a petition containing 38 signatures of Board of Realtors members who are residents or property owners in the City of Costa Mesa, supporting the condominium project. , Bob Wilson, 3435 Plumeria Place, Costa Mesa, expressed his approval of the development, however, he opposed the high density being proposed. Mr. Wilson also expressed concern with increased traffic and suggested that parking prohibition be implemented on certain streets in the subject area. Jean Robins, 1807 Tahiti Drive, Costa Mesa, stated that she was concerned about over -use of natural resources, especially the water required for the aquascape. There being no other speakers, the Mayor closed the public hearing. Councilman McFarland stated his concern over the high density, insufficient public transportation, and the fact that there were no comparable projects to evaluate. Vice Mayor Hall responded to the concerns voiced by the public and Councilman McFarland and pointed out that the 1975-80 growth of employment in the City was 75 per- cent while increased housing was only 16 percent. Vice Mayor Hall stated his opinion that this type of develop- ment was necessary today in order to meet the demand for housing. He also suggested that reclaimed water be used for the aquascape and voiced his agreement with Mr. Wilson that parking be prohibited on certain streets in the subject area. Referring to public transportation, it was Vice Mayor Hall's contention that the Orange WE County Transit District would increase bus service if there is a need. Council Members Johnson, Hertzog, and Schafer commented on the need for housing in the City. Peggy Howard, 2721 Starbird Drive, Costa Mesa, asked for clarification regarding shortage of housing. MOTION A motion was made by Vice Mayor Hall, seconded by Resolution 82-20 Councilman Johnson, to adopt Resolution 82-20, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -82-1A, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, implementing Option II. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog Johnson NOES: COUNCIL MEMBERS: McFarland ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place R-82-01 set for the public hearing for Rezone Petition R-82-01, Langslet/Seger- for permission to rezone the property from M1, C1 -CP, strom/College CL, and I and R to PDR --UC (Planned Development Resi- District dential - Urban Center). The Affidavit of Publication is on file in the Clerk's office. The Planning staff and Planning Commission recommended approval. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Hall, seconded by Rezones Approved Councilman Johnson, to approve rezoning of Parcel 1 from M1 and C1 -CP to PDR -UC; and to approve rezoning of Parcel 2 from CL and I and R to PDR -UC, holding second reading of the ordinance until Langslet has control of property designated Parcel 2. The City Attorney recommended that a rezone ordinance for each parcel be given first reading. MOTION RESCINDED On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried 5-0, the above motion was rescinded. MOTIONS On motion by Vice Mayor Hall, seconded by Councilman Ordinance 82-6 Johnson, Ordinance 82-6, being AN ORDINANCE OF THE CITY First reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF PARCELS 2 AND 3 FROM M1 AND C1 -CP TO PDR -UC, 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 Ordinance 82-7 A motion was made by Vice Mayor Hall, seconded by Coun- First Reading cilwoman Hertzog, to give first reading to Ordinance 82-7, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF BLOCKS "A", "H", AND "L" OF FAIRVIEW AND THOSE PORTIONS OF BLOCKS 80, 81, 82, 85, AND 86 OF THE FIRST ADDITION TO THE TOWN OF FAIRVIEW, FROM I AND R AND CL TO PDR -UC, with second reading held until the prop- erty is in the control of C. Robert Langslet and Son. 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 51 ZE-82-09 The Clerk presented Zone Exception ZE-82-09, for a Langslet/Seger- Conditional Use Permit and Development Plan for con- strom/College struction of 1,155 condominium units, with variances District from required parking and private open space. The Planning staff and Planning Commission recommended approval subject to conditions as modified. The Senior Planner summarized his memorandum dated March 15, 1982, which indicates that the applicants are proposing to include compact parking stalls in excess of the number permitted by Code. The memorandum also contains four alternatives available to remedy this situation. Staff recommended approval of Alternative No. 4: Approve project, subject to compliance with applicable Code requirements relating to compact parking stalls, and direct staff to prepare an Ordinance amend- ment which would allow 25 percent of nonassigned parking stalls in residential zones to be provided as compact stalls. Staff has also recommended an additional condition for improvement of the traffic signal at the intersection of Harbor Boulevard and Adams Avenue, and participation in other traffic improvements as directed by the Public Services Director. MOTION On motion by Vice Mayor Hall, seconded by Councilman ZE-82-09 Johnson, and carried 5-0, Zone Exception ZE-82-09 was Approved approved, based on the analysis and findings contained in the Staff Report; subject to all conditions as modi- fied and recommended by the Planning Commission; adding an additional condition regarding traffic improvements as stated in the previous paragraph; and incorporating_ Alternative No. 4 regarding compact stalls. Motion for A motion was made by Vice Mayor Hall for a Traffic Traffic Study Commission study of limiting parking on streets adjacent Died for Lack to the subject development, however, the motion died for of a Second lack of a second. Tract 11501 The Clerk presented Tentative Map for Tract 11501, a Langslet/Seger- four -lot subdivision of the northerly portion of the strom development, designated Parcel No. 1. On motion by Vice Mayor Hall, seconded by Councilman Johnson, and MOTION carried 5-0, the map was approved, based on the findings Approved and analysis and subject to conditions contained in the Staff Report Tract 11700 The Clerk presented Tentative Map for Tract 11700, a Langslet/College four -lot subdivision of the southerly portion of the District development, designated Parcel No. 2. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and car- ried 5-0, the map was approved, based on the findings and analysis and subject to conditions contained in the Staff Report. RECESS The Mayor declared a recess at 9:40 p.m., and the meet- ing reconvened at 9:50 p.m. NEW BUSINESS The Clerk presented Redevelopment Action RA -82-02, Zone RA-82-02/ZE-82-16 Exception ZE-82-16, Dr. J. Gene Lee, 275 Victoria Lee/Irani Street, Suite 2-J, Costa Mesa, authorized agent for Joe Irani, 1533 Monrovia Avenue, Newport Beach, for approval of off-site parking and a variance from total required parking, located at 1801 Newport Boulevard, in a C2 zone. Environmental Determination: Exempt. The Planning Commission recommended approval of RA -82-02 subject to conditions as amended for ZE-82-16. The Redevelopment Agency made the same recommendation except with Conditions 5 through 8 deleted. 52 MOTION On motion by Councilman McFarland, seconded by Council - Approved woman Hertzog, and carried 5-0, RA -82-02 was approved, subject to conditions as recommended by the Redevelop- ment Agency. Appeal of ZE-82-12 The Clerk presented an appeal of the Planning Commis- Italiane/Mekis sion's denial of Zone Exception ZE-82-12, from Jayme Mekis, 155 Merrill Place, Costa Mesa, for a Conditional Use Permit to allow a nursery business in an existing residence, and legalize existing structures, with vari- ances from front fence setback, building setback, parking, and open space, located at the above address in an R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A letter has been received from Mark and Helen Pines, 160 - 21st Street, Costa Mesa, requesting Council to uphold the Planning Commission's decision. A memorandum from the Planning staff dated March 11, 1982, states that the business owner had received a Home Occupation Permit, that 11 standards must be satisfied if the Permit is not to be revoked, however, the owner is in violation of 7 of the 11 standards. The standards in question are listed. Frank Italiane was present to answer questions from the Council and spoke in support of the request. He also stated that he is in the process of complying with Standard Nos. 6, 8, 9, 10, and 11. Mr. Italiane reported that he had submitted a petition to the Plan- ning Commission containing 30 signatures of nearby residents who had no objections to the business remain- ing in the area. A copy of the petition was submitted to the Council. MOTION A motion was made by Councilman McFarland, seconded by Failed to Mayor Schafer, to deny the ZE-82-12 and ordering removal Carry of illegal uses within 120 days. The motion failed to carry 2-3, Council Members Hall, Hertzog, and Johnson voting no. Council Members Hall and Hertzog commented that they felt the appellant should be allowed a longer period of time to remove the illegal uses. MOTION A motion was made by Vice Mayor Hall, seconded by Denied Councilwoman Hertzog, to deny ZE-82-12 and revert the property to residential use within 240 days. The motion carried 3-2, Council Members Schafer and McFarland voting no. Appeal of ZE-82-17 The Clerk presented an appeal of the Planning Commis- Heath/Coast sion's denial of Zone Exception ZE-82-17, from W. Heath Federal and Company, 3225 Lacy Street, Los Angeles, authorized agent for Coast Federal Savings and Loan Association, 1335 South Grand Avenue, Los Angeles, for a sign variance at 1886 Harbor Boulevard, in a C2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. The Development Services Director summarized the Plan- ning staff memorandum dated March 11, 1982, which is a response to the appellant's appeal for approval of the sign variance. Eugene Briesemeister, representing W. Heath and Company, stated their sign would only be 30 inches above the roof and the sign would be removed when other noncon- forming signs in the area are removed. He further L1' 1 reported that there were 26 roof signs on Harbor Boule- vard and submitted photographs to the Council. Vice Mayor Hall responded that although there were nonconforming signs still in existence, no new ones have been approved since 1974. Joseph Penwell, Coast Federal Savings, stated that customers have made complaints because they could not find the the Coast Federal office on Harbor Boulevard. MOTION On motion by Councilman McFarland, seconded by Mayor Denied Schafer, and carried 5-0, ZE-82-17 was denied based on the information contained in the Planning staff memorandum dated March 11, 1982. Appeal of Devel- The Clerk announced that a communication has been opment Review received from The M. D. Janes Company, Incorporated, Criteria 2950 Airway Avenue,.Suite D, Costa Mesa, withdrawing their appeal of the Planning Commission's decision for Development Review criteria as applied to a pro- posed office building at 891 Baker Street. MOTION On motion by Councilman McFarland, seconded by Council - Removed from woman Hertzog, and carried 5-0, this item was removed Agenda from the Agenda. Commissioners Mayor Schafer introduced Planning Commissioners Walter Recognized Davenport,, Lynn Van Aken, and Mark Sloate, who were in the audience. COUNCILMANIC COMMENTS Councilman Johnson suggested that the gate at the Costa Mesa Golf Course be moved to an area near the 10th hole, Relocate Golf and a fence installed, so that nearby residents are not Course Gate disturbed by the early morning noise created by automo- biles backed up on the street waiting for the gate to be unlocked. The City Managerestimated a cost of approximately $5,000.00. . MOTION After discussion, a motion was made by Vice Mayor Hall, Project Approved seconded by Councilman Johnson, authorizing relocation of the gate and installation of a fence as recommended by Councilman Johnson, funding to be included in the 1982-83 City Budget. The motion carried 3-2, Council Members Hertzog and McFarland voting no. SCAG Membership On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried 5-0, discussion concerning the City's membership in the Southern California Asso- ciation of Governments (SCAG) was referred to the Study Session of April 12, 1982, and scheduled for the Council meeting of April 19, 1982. Adjournment to At 10:55 p.m., Mayor Schafer adjourned the meeting to Closed Session a closed session in the first floor Conference Room for the purpose of discussing personnel matters. During HCDA closed session, Council requested the City Manager to prepare a report relating to the Housing and Community Development Act with the possibility of decreasing the activity of staff members. Adjournment The Mayor declared the meeting adjourned at 11:05 p.m. Mayor, of :the City of -Cost Mesa ATTEST: ity Clerk of the City AofCos!tLa__7Me--_­.____- 53