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HomeMy WebLinkAbout07/19/1982 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 19, 1982 The City. Council of the City of Costa Mesa, California, met in -regular session on July 19, 1982, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Vice Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Conrad A. Nordquist, St. John the Divine Episcopal Church. ROLL CALL Council Members Present: Hall, Hertzog, McFarland, Johnson Council Members Absent: Schafer - Officials Present: City -Manager; City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Councilman McFarland, seconded by Council - July 6, 1982 man Johnson, and carried 4-0, the minutes of the special and regular meetings of July 6, 1982, were approved as distributed. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried 4-0, to read all ordinances by title only. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 4, Request from the Reverend Jose R. Coronado to use Rea Community Center asphalt area for a rally; and Item 17, Sale of City -owned surplus property located at 170 Del Mar Avenue. 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: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer WRITTEN COMMUNICATIONS On motion by Councilman McFarland, seconded by Council- woman Hertzog, Resolution 82-60, being A RESOLUTION OF Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, of Records for AUTHORIZING RECORDS DESTRUCTION FOR THE POLICE DEPART - Police MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Hertzog, Resolution 82-60 McFarland, Johnson Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer READING FOLDER On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims were received by the City Clerk from the following claimants: Attorney Michael G. York on behalf of Samiha Elshefy; Cristina Fisher; Charles Lee Lancaster; June A. Lueders; and Dennis Reinholt. Alcoholic Beverage Alcoholic Beverage Licenses for which parking Licenses has been approved by the Planning Division from: -Crutchfield Concessions, Incorporated, doing business at 88 Fair Drive, Suite No. 1, Moonshine Meadow; and Parlors No. 2, Incorporated, doing business as Me -n -Ed's Pizza Parlor, 410 East 17th Street. Public Utilities Notification from Computer Bus Lines, 11123 Long Commission Beach Boulevard,.Lynwood, of its application to the California Public Utilities Commission for a fare increase. Notice of Filing before the Public Utilities Commission of Application No. 82-07-10, Southern California Edison Company, for authority to maintain its presently effective energy cost adjustment billing factors and Catalina energy cost balance adjustment billing factor. 911 Emergency Resolution from the City of Seal Beach requesting Telephone System the State to fund certain portions of the costs of the 911 emergency telephone system. Election Ballots Resolution from the City of Tustin urging that all ballots and ballot materials be printed in English only and that sample ballots be printed BUSINESS PERMIT in at least 10 -point type. A request has been received for a live entertainment Ronstadt's permit with public dancing from Authority International, MOTION Incorporated, doing business as Ronstadt's, 719 West 19th Street. On motion by Councilman McFarland, sec- Permit.Approved onded'by Councilwoman Hertzog, and carried 4-0, the request was approved'subject to conditions recommended by the Revenue Division. ADMINISTRATIVE ACTIONS The Traffic Commission has recommended that a 24 -minute parking time limit be established on the westerly curb 24 -Minute Parking of Superior Avenue from 100 feet south of 16th Street on Superior Avenue to 165 feet south of 16th Street between the hours of 7:00 a.m. and 6:00 p.m. on all days except Sundays and holidays. The recommendation was made on the request MOTION of the owners of the business at 1599 Superior Avenue. A motion was made by Councilman McFarland, seconded by Resolution 82-61 Councilwoman Hertzog, to adopt Resolution 82-61, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING 24 -MINUTE PARKING ON A PORTION OF SUPERIOR AVENUE. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog,- ertzog,McFarland, McFarland,Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Change Order The Director of Public Services has recommended approval No. 5 - Bein of Change Order No. 5, in the amount of $74,750.00, to and Frost the contract with Robert Bein, William Frost and Asso- Assessment ciates; 1401 Quail Street, Newport Beach, relating to Assessment District 80-1, MacArthur/Sunflower Industrial District No. 80-1 Area. The change order includes compensation for field construction resident engineer needed beyond January 3, 1982, as per Section III -E of the contract with Bein and MOTION Change Order Frost. A motion was made by Councilman McFarland, sec - onded by Councilwoman Hertzog, approving the change Approved order. The motion carried by the following roll call vote: AYES:. COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer unange Urders The Director of Public Services has recommended approval Nos. 16, 17, of Change Orders No. 16, No. 17, and No. 18, to the con - and 18 - McGrew tract with McGrew Construction Company, Post Office Box Construction 6540, Anaheim, in connection with Assessment District No. 80-1, MacArthur/Sunflower Industrial Area. The Assessment change orders are for a total amount of $346,350.93, District No. 80-1 with approximately $30,000.00 to be reimbursed to the City, for additional work requested by the City and increase of the structural roadway section on MacArthur MOTION Boulevard recommended by two soils companies. On motion Change Orders by Councilman.McFarland, seconded by Councilwoman Hert- Approved zog, the change orders were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Change Orders The Director of Leisure Services recommended approval Nos. 1 and 3 - of Change Orders No. 1 and No. 3 to the contract with Wakeham Wakeham Construction, Incorporated, 3621 West MacArthur Construction Boulevard, Suite 118, Santa Ana, in connection with construction of site improvements at Balearic Center. Balearic Center The change orders, in the amounts of $4,848.65 and $1,659.00, respectively, are necessary for additional asphalt concrete and base removal and replacement, and MOTION for a concrete walk as shown on the plans. On motion Change Orders by Councilman McFarland, seconded by Councilwoman Hert- Approved zog, the change orders were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer DR -80-05 Improvements for Development Review DR -80-05 have been Auto Club completed to the satisfaction of the Director of Public Services by Automobile Club of Southern California, Post Office Box 2890, Terminal Annex, Los Angeles, for MOTION property located at 3333 Fairview Road. On motion by Work Accepted Councilman McFarland, seconded by Councilwoman Hertzog, the work was accepted, and the bonds were ordered exon- erated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Agreement with An agreement with Greer and Company, 4095 East La Palma Greer and Company Avenue, Suite L, Anaheim, for design of the Victoria Street Storm Drain, was -presented. The agreement stipu- Design of Victoria lates payment not to exceed $21,500.00. On motion by Street Storm Drain Councilman McFarland, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor and Clerk were MOTION authorized to sign on behalf of the City, by the follow - Agreement ing roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS:, None ABSENT: COUNCIL MEMBERS: Schafer Agreement - An agreement with Tallmantz Aviation, Incorporated, Tallmantz 19711 Campus Drive, Santa Ana, for maintenance of police helicopters, was presented. The new agreement Helicopter increases the hourly flight rate, excluding fuel and Maintenance oil, from $48.00 to $52.80. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the MOTION agreement was approved, and the Mayor and Clerk were Agreement authorized to sign on behalf of the City, by the Approved following roll call vote: .AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES.: COUNCIL MEMBERS:. None ABSENT: COUNCIL MEMBERS: Schafer Addendum to An addendum to the agreement with Hayes and Associates, Agreement - Hayes Incorporated, 2740-C South Harbor Boulevard, Santa Ana, and Associates was presented. The addendum, in an amount not to exceed $6,365.00,'is for additional engineering services needed Vista Park in connection with a plan and profile for Pacific Avenue Improvements and redesign of the bank slope at Vista Park. On motion by Councilman McFarland, seconded by Councilwoman Hert- MOTION zog, the addendum was approved by the following roll Addendum call vote: Approved AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Extension of The Purchasing Agent has requested a one-year extension Leases with of leases with Raytheon..Data Systems Company, Post Lexitron for Office Box 3439, Boston, -Massachusetts, for Lexitron Word Processing word processing equipment for the following departments: Equipment City Clerk, $5,004.00; Development Services, $5,004.00; and Central Services, $9,852.00. On motion by Council - MOTION man McFarland, seconded by Councilwoman Hertzog, lease Lease Extensions extensions were approved.for one year by the following Approved roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Agreement - Jones The Purchasing Agent has requested authorization to enter into an agreement with Joe Jones, 3101 Fairview Maintenance at Street, Space 112, Santa Ana, in the amount of Rea Center $6,000.00, for maintenance services at Rea Community Center. On motion by Councilman McFarland, seconded MOTION by Councilwoman Hertzog, the agreement was authorized Agreement by the following roll call vote: Authorized AYES: COUNCIL MEMBERS: Hall, Hertzog, _ McFarland, Johnson NOES: . COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Guard Patrol The Purchasing Agent has requested authorization for. Services at Golf guard patrol services to be provided by Harry S. Green, Course Incorporated, at the Costa Mesa Golf and Country Club for the period July 1, 1982, through June 30, 1983, in MOTION an amount not to exceed $9,000.00. On motion by Coun-. Approved Gilman McFarland, seconded by Councilwoman Hertzog, the request was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Budget Budget Adjustment 83-04, in the amount of $27,000.00, Adjustment 83-04 was presented. The adjustment is necessary to increase Marina View Park the appropriation for bank renovation at Marina View Park due to an expansion of the improvements. On motion MOTION by Councilman McFarland, seconded by Councilwoman Hert- Approved zog, Budget Adjustment No. 83-04 was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer PERMIT Item 12 on the Consent Calendar was presented, a request Coronado from the Reverend Jose R. Coronado, Temple Calvario,- c/o Bethel Towers, 666 West 19th Street, Costa Mesa, for permission to use Rea Community Center asphalt area for a rally July 29 through August 1, 1982, from 6:00 p.m. to 9:30 p.m. The -Leisure Services Department recommended that the permit be approved from July 30 through August 1, 1982, from 6:00 p.m. to 9:00 p.m. OLD BUSINESS The Clerk presented for second reading and adoption R-82-05 Ordinance 82-11, for permission to rezone property Meehan located at 221-1/2 Avocado Street from C2 to R2 in connection with Rezone Petition R-82-05, Milton J. Meehan. Bill Thomas, 22635 Spring Lake Lane, E1 Toro, co-owner of subject property, urged Council to adopt the ordi- nance. Gerald Odegaard, 1632 Pegasus Street, Santa Ana Heights, stated he was not opposed to Mr. Meehan developing his property, only concerned with setbacks relating to the zone change. MOTION On motion by Councilman McFarland, seconded by Council - Ordinance 82-11 woman Hertzog, Ordinance 82-11, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING•THE ZONING OF LOT 76 OF TRACT NO. 57 FROM C2 TO R2, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:' Schafer R-82-07 On motion by Councilman McFarland, seconded by Council- Hertzog man Johnson, Ordinance 82-12, being AN ORDINANCE OF C Since the applicant was not present to be advised of the dates and time recommended by staff, Councilwoman Hertzog requested the City Manager to forward this information to the applicant. MOTION On motion by Councilwoman Hertzog, seconded -by Council - Permit Approved man McFarland, and carried 4-0, the request was approved for the dates and time recommended by the Leisure Ser- vices Department and subject to conditions of that department. ADMINISTRATIVE Item -17 on the Consent. Calendar was presented, a request ACTION from the Director of Public Services for authorization Sale of Surplus to sell City -owned surplus property located at 170 Del Property on Mar Avenue. Councilman Johnson requested further input Del Mar Avenue from staff. The Director of Public Services referred to his letter to the Council dated July 14, 1982, and reported that the City has been acquiring properties along Del Mar Avenue for a proposed widening project in conjunction with the University -Drive extension across the back bay, however, it now appears that the project will not be completed. In view of this, staff will be recom- mending that a revised alignment be adopted which will not require full takes along the entire north side of the street. Consequently, the City -owned property can be sold, retaining approximately 20 feet of right-of-way to allow for the new construction. MOTION On motion by Councilman Johnson, seconded by Council - Sale Authorized woman Hertzog, staff was authorized to sell the surplus property "as is" by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer OLD BUSINESS The Clerk presented for second reading and adoption R-82-05 Ordinance 82-11, for permission to rezone property Meehan located at 221-1/2 Avocado Street from C2 to R2 in connection with Rezone Petition R-82-05, Milton J. Meehan. Bill Thomas, 22635 Spring Lake Lane, E1 Toro, co-owner of subject property, urged Council to adopt the ordi- nance. Gerald Odegaard, 1632 Pegasus Street, Santa Ana Heights, stated he was not opposed to Mr. Meehan developing his property, only concerned with setbacks relating to the zone change. MOTION On motion by Councilman McFarland, seconded by Council - Ordinance 82-11 woman Hertzog, Ordinance 82-11, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING•THE ZONING OF LOT 76 OF TRACT NO. 57 FROM C2 TO R2, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:' Schafer R-82-07 On motion by Councilman McFarland, seconded by Council- Hertzog man Johnson, Ordinance 82-12, being AN ORDINANCE OF C iHt GITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION CHANGING THE ZONING OF A PORTION OF LOT 117 OF TRACT Ordinance 82-12 NO. 300 FROM R1 TO PDR -LD, in connection with Rezone Adopted Petition R-82-07, Norma.Hertzog, for property located at 273 and 277 -Monte Vista Avenue, was given second reading and adopted by the following roll call vote: AYES:, COUNCIL MEMBERS: Hall, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer ABSTAINING: COUNCIL MEMBERS: Hertzog R-79-15 The Clerk presented for second reading and adoption, Nordquist/ Ordinance 79-32, to change the zoning of property Episcopal Church located at 183 East Bay Street from R1 to PDR -HD, in connection with Rezone Petition R-79-15, the Reverend Conrad A..Nordquist,.authorized agent for the Bishop of the Protestant Episcopal Church, 1220 West Fourth Street, Los Angeles. Environmental Determination: Negative Declaration adopted for General Plan Amendment GP -79-3A. ZE-82-88 The Clerk also presented Zone Exception ZE-82-88, for variances from parking requirements including reduction in total parking, parking in a street setback, and inadequate turn -around area, in conjunction with a Planned Development Review, for a 36 -unit senior citi- zens housing project in connection with an existing church. The Development Services Director presented the back- ground -for the subject project and reported that first reading was given to Ordinance 79-32 on December 17, 1979, with second reading and adoption held until fund- ing:was approved by Housing and Urban Development (HUD). The funding has been obtained by the applicant. The Director further reported that at the request of the Planning Commission, new site plans have been submitted which will eliminate the need for a turn -around and will provide improved traffic circulation; the proposed auto- matic gate at the entrance to the Orange Avenue parking area will be deleted, thereby eliminating concerns about adequate stacking area and traffic congestion on Orange Avenue; and the modified site plan will allow greater joint use of parking between the church and housing parcels. At the request of Vice Mayor Hall, the Development Services Director explained the Federal funding for non- profit organizations in which the tenants' rents are in an amount equal to 25 percent of their income, with the balance funded by.HUD. Reinhold H. Klein,.1910 Sunset Boulevard, Los Angeles, housing consultant for the project, stated that the maximum height;of the project is 30 feet and pointed out on the slide screen the location of the two- and three-story structures. Mr. Klein also mentioned that because.of the revised plan, only two variances are now needed:, setback on Bay.Street, and reduction in total parking. He also reported that based on a survey of similar projects, the need for the same number of park- ing spaces which would-be required for family housing is not necessary since many,of the elderly do not drive automobiles. Mr. Klein also stated that surveys indi- cate that as the project matures, use of automobiles decreases. In response to Vice Mayor,Hall's questions regarding selection of tenants, Mr. Klein detailed the procedure required by HUD which includes priority being given to qualified citizens of the community. Reverend Conrad Nordquist, St. John the Divine Episcopal Church, spoke in support of the project stating that there was a crucial shortage of -housing in the area, and he felt this project would alleviate at least a small portion of the low -rent housing shortage. Responding to questions from the Council, Reverend Nordquist stated that van transportation is not being planned at this time but such a service is a possibility, and that the tenants of the project will have the use of the Church's recreational facilities. Jerome Vandewalle, 2810 San Juan Lane, Costa Mesa, spoke in support of the project and pointed out the -,following reasons: additional housing is needed in Costa Mesa, especially senior citizens housing as evidenced by the waiting list at the Casa Bella development; the project is well -conceived and will not cause additional taxation of Costa Mesa residents; the community has an obligation to the elderly who have spent their lives in the commun- ity and who have contributed to all; the project will not be detrimental to the community and will not be an incon- venience to Costa Mesa citizens. Walter�Miller, 275 East 18th Street, Apartment 37, Costa Mesa, supported the project and related the plight of an elderly friend living in a small room for which he must pay a rental of $300.00 per month. Anna Shereshevsky, 2152 Elden Avenue, Costa Mesa, stated that there should be no objecttions to caring for the elderly and the handicapped, and there was a need for this type of development based on the waiting list which exists at the Casa Bella Senior Citizens Apartments. Gigi Nordquist, 974 Modjeska Circle, Costa Mesa, spoke in support of the project because of the need that exists for senior citizens housing. Vice Mayor Hall asked if any communications had been received opposing the project, and the City Clerk responded that there were none. Bob Yoder, 155 Buoy Street, Costa Mesa, voiced his objection to the proposed project and submitted for the record the following communications in opposition to the development: a petition containing 52 signatures, a letter from Alyce H. McCardle, 1997 Fullerton Avenue, Costa Mesa, and Roy R. McCardle, 273 East 21st Street, Costa Mesa. Mr. Yoder stated that he is not against homes for the elderly, however, he was concerned with the quality of life on the eastside, and suggested the City purchase subject site for a park. He based his objection to the the project for the following reasons: traffic increase on Bay Street and Orange Avenue which are already heav- ily traveled, lack of sidewalks; density too high for the neighborhood; insufficient parking; and project is not easily accessible to stores and reasonably -priced restaurants. Mr. Yoder proposed that the Church dedi- cate subject site to the City for a one -acre park, and in return the City allow the project to be built on City property across from Lions Park, within the Redevelop- ment Area. Linda Young, 252 Sierks Street, Costa Mesa, opposed the project, stating that it would cause an increase in traffic. She suggested that since there were two vacant school sites in the neighborhood, one of those sites would be more appropriate for the project. Ms. Young also objected to the three-story design for a portion of the development. 1 Thomas Barr, 218 Sierks Street, strongly objected to any three-story structures in the neighborhood. Albert Ogden, 2066 Orange Avenue, and James Crilly, 184 East Bay Street, stated that they agreed with the objections presented by Mr. Yoder. Keith Hall, 195.8 Fullerton Avenue, Costa Mesa, opposed three-story development. Fran Albers, 2012 -Orange Avenue, owner of four R1 lots in the area, voiced opposition to any other zoning except Rl. Eileen White, 543 West Wilson Street, Apartment C-1, Costa Mesa, former resident at 184 East Bay Street, opposed the project because as a child a Church official promised that.the children could play on that property. Stanley'Brown, 308 Robinhood Lane, Costa Mesa, stated that he did not know if he was for or against the project, however, since residents moved into the area with Rl zoning, this should be an overriding considera- tion in making a -decision.. .Reinhold Klein again spoke to clarify issues that had been addressed. He stated that three sides on Bay Street are higher density than R1. As to the three- story structure-, it will be located from 175 feet to 200 feet from Bay Street and only 7 of the 36 units will be in the three-story structure. Mr. Klein responded to a suggestion made by Mr. Yoder that the project be transferred to another site, stating that this is not permitted by HUD. He also suggested that the two vacant school sites in the area would be more appropriate locations for parklands. Mr. Klein reiter- ated that the height of the proposed project does not exceed 30 feet. Mr. Yoder disagreed with Mr. Klein's statement concern- ing present zoning in the area, and expressed his doubt regarding Mr. Klein's statement that the project could not be transferred to another site. Mr. Yoder also stated that if the higher density is approved, it will set a precedent to allow higher density for other properties in the area. There being no other speakers, Vice Mayor Hall asked for Council comments. Councilman Johnson commented that both the applicant and the residents had valid arguments and it would be ..difficult to reach a decision. In view of this, he asked that this item be continued for further study. Councilman McFarland expressed appreciation for the input from the residents and their concerns, however, he stated his opinion that in view of the present housing shortage, it is imperative to allow higher densities. Referring to the concerns of the residents regarding traffic, Councilman McFarland stated that R1 development would generate more traffic than the proposed project. He further stated that the need for this type of housing cannot be questioned, that he felt it was an excellent project with an excellent location, and that since Council has dealt with the request for over two years, there was no reason to delay a decision. Councilwoman Hertzog commented that everyone agrees that senior citizens housing is needed but not in their own neighborhood. She also voiced her opinion •'m that traffic would not be significantly increased, the 30 -foot height would blend in with the surrounding area, and that although changes are difficult to accept, they must be made to alleviate the present housing shortage. Vice Mayor Hall asked the Director of Public Services for an estimate of additional traffic generated by R1 zoning, family units, and the proposed zoning for senior citizens housing. It was concluded that assuming all residents of the proposed project drove automobiles, increase in traffic would be approximately the same for all three uses. Vice Mayor Hall addressed Mr. Yoder's recommendation that the subject site be developed as a park, responding that priorities must be considered, and it would be too costly to develop the site for park use. The Vice Mayor also alluded to the concern over increased traffic, and voiced his opinion that heavy increase in traffic throughout the City is inevitable. Referencing R1 zon- ing, Vice Mayor Hall stated that it is very difficult to retain this designation, that higher densities must be allowed in order to alleviate the shortage of hous- ing. As to parking, the Vice Mayor reported that the parking situation will be reviewed in six months in order to determine if more parking spaces will be required. MOTION On motion by Councilman McFarland, seconded by Council - Ordinance 79-32 woman Hertzog, the Negative Declaration of Environmental Adopted Impact was adopted, and Ordinance 79-32, being AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,.CHANGING THE ZONING OF A PORTION OF LOT 901, NEWPORT MESA TRACT, FROM R1 TO PDR -HD, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland NOES: COUNCIL MEMBERS: Johnson ABSENT: COUNCIL MEMBERS: Schafer Responding to Vice Mayor Hall's question regarding the variances, the Development Services Director reported that the zone exception and two variances are under consideration at this time,.the variances being for setback on Bay Street, and reduction in total parking. MOTION On motion by Councilman McFarland, seconded by Council- ZE-82-88 woman Hertzog, the Negative Declaration of Environmental Approved Impact was adopted, and Zone Exception ZE-82-88 was approved based on the analysis and findings contained in the Planning Staff Report, and subject to all condi- tions also contained in the Staff Report. Vice Mayor Hall asked.if the applicant agreed to all conditions, and the Reverend Nordquist replied he had read the conditions and agreed to all of them. The motion to approve the zone exception carried 3-1, Councilman Johnson voting no. RECESS Vice Mayor Hall declared a recess at 8:55 p.m. and the meeting reconvened at 9:10 p.m. 14ARRANTS On motion by Councilwoman Hertzog, seconded by Council- man McFarland, Warrant Resolution 1184, including 140TION Payroll 8214, was approved by the following roll call Warrant 1184 vote: Approved AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL.MEMBERS: Schafer L11Y MANAGER The City Manager presented Change Order No. 2, in the REPORTS amount of $9,475.00, to the contract with Architectural Development Services, 3183 Airway Avenue, Building "E", Change Order No. 2 Costa Mesa; in'connection with construction of the Civic Architectural Center Annex - Phase I, Communications Center. The Development - change order is necessary to remove large deposits of Civic Center.Annex debris found under the project site. MOTION On motion by Councilwoman Hertzog, seconded by Council - Change Order man Johnson, the change order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Termination of The City Manager requested authorization to submit a Consortium Cities 60 -day notice of cancellation of the Consortium Cities Contract contract so that a new contract can be negotiated. MOTION On motion by Councilman Johnson, seconded by Council - Termination woman Hertzog, the cancellation notice was authorized Authorized by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT.: COUNCIL MEMBERS: Schafer PUBLIC HEARING The Clerk presented the public hearing to consider an Appeal from Tygart appeal from Emily Tygart, 371 La Perle Lane, Costa Mesa, of ZE-82-76- of the Planning Commission's approval of Zone Exception R and R Concepts/ ZE-82-76, R and R Concepts, authorized agent for Dean Stubblefield and Gertrude Stubblefield, 1215 Sand Key, Corona del Mar, for variances from rear setback and driveway width requirements, to allow remodeling and enlarging of an existing three -unit apartment project, located at 368, 370, and 370 -1/2 -East 15th Street, in an R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communica- tions have been received. Emily Tygart, the appellant, stated that the zone exception would adversely impact the privacy of the surrounding properties, and that the proposed remodel- ing would block the sea breeze and sunshine from her property. Mrs. Tygart also stated that approval of the application would be granting a special privilege and setting a precedent in the area. Mrs. Tygart mentioned that subject property had been granted a zone exception some years ago and felt that another zone exception should not be allowed.' Discussion ensued regarding the windows located on the side which overlooks Mrs. Tygart's property, and the Development Services Director explained that the appli- cant, Mr. Stubblefield, can build the second story to within 5 to 7-1/2 feet of the property line as long as the structure does not exceed one-third of the width. The Director also pointed out that the proposed remodel- ing is no worse than would be allowed by Code, and that the wall facing the adjacent property can have windows. Councilman Johnson voiced his concern regarding the windows overlooking Mrs. Tygart's property and inter- ferring with her privacy. Craig Hampton, R and R Concepts, and designer of the the project, gave a brief description of the proposed plan for enlarging and remodeling the existing three -unit apartment project. Mr. Hampton explained that a variance was obtained in 1958, and any change to that original variance must be done by variance. Considerable discus- sion followed concerning change of window material or height in order to ensure privacy for the adjacent property. The Development Services Director suggested a higher bedroom window. The Assistant Development Services Director/Building Safety, reported that since the bedroom.contained one window that is within 48 inches from the floor (which is a Code requirement), the second window could be at a higher level. Vice Mayor Hall asked if the stairwell window must be full length, and the Assistant Director replied that as long as the window is not located in a bedroom, it can be of any configuration which meets Code requirements. Vice Mayor Hall asked Mr. Hampton if he agreed with raising the height of the bedroom and stairwell windows facing Mrs. Tygart's property; and Mr. Hampton indicated his agreement. Vice Mayor Hall referred to certain conditions which were amended by the Planning Commission as shown on the first page of the Planning Staff Report, and Mr. Hampton confirmed his agreement with those amendments. Vice Mayor Hall suggested.amending Condition No. 2 to read: "All kitchen plumbing shall be removed from the exi.sting downstairs unit prior to the release of occu- pancy for the two new units." Gerald Odegaard, 1632 Pegasus Street, Santa Ana Heights, questioned Condition No. 4; as amended, requiring the driveway to be widened from 10 feet to 12 feet. Mr. Odegaard contended that a 16 -foot driveway would be needed for simultaneous ingress and egress, however, a 12 -foot width would not accommodate simultaneous use and therefore felt the condition was not warranted. The Development Services Director responded that the Planning staff recommended a 16 -foot width, however, the Planning Commission compromised by allowing a 12 - foot driveway. Vice Mayor Hall commented that the Planning Commission felt that a 16 -foot driveway would take away good, usable open space from the front unit and make the property less attractive. Dean Stubblefield, the applicant, thanked Mr. Odegaard for his comments and stated he was willing to negotiate with Council to allow a 10 -foot driveway width. Mr. Stubblefield also reported that previous tenants who had been causing problems for Mrs. Tygart have moved and his daughter now.occupies the subject premises. Vice Mayor Hall stated that Council should be willing to negotiate approval of a 10 -foot driveway. Linda Selby, 378 La Perle Lane, Costa Mesa, stated her property is located across the street from Mrs. Tygart and she objected to the proposed zone exception because it would deprive her of her privacy. Eugene Tygart, 371 La Perle Lane, strongly objected to the proposed project. There being no other speakers, Vice Mayor Hall closed the public hearing. MOTION A motion was made by Councilman McFarland, seconded by Zone Exception Vice Mayor Hall, approving Zone Exception ZE-82-76 based Approved on the analysis and findings contained in the Planning Staff Report, subject to all conditions recommended by the Planning Commission as modified, amending Condition No. 2 as recommended earlier by Vice Mayor Hall, that is, deleting reference to removal of bathroom plumbing, and adding Condition No. 15, "Bedroom and stairwell windows on the rear elevation shall be high windows installed under the direction of the Development Ser- vices Department". The motion carried 3-1, Councilman Johnson voting no. 1 153 VUBLIC HEARING The Clerk announced that this was the time and place set Ordinance Adopting for the public hearing to consider a proposed ordinance Various Building adopting by reference the 1979 editions of the Uniform Codes Building Code; the.Uniform Housing Code; the Uniform Code for Abatement 'of Dangerous Buildings; the Uniform Solar Energy Code; the Uniform Plumbing Code including Appendices A, B, C, D, G,.H,. and I; the 1976 edition of the Uniform Mechanical Code including Appendices A, B, and C; the 1978 edition of the National Electrical Code and the Uniform Wiring Code of the City of Costa Mesa; and certain amendments and modifications to said codes. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director reviewed a memoran- dum from staff dated July 14", 1982, which recommended adoption of the ordinance with several changes, as well as recommended options to be considered in connection with fire retardant roofs. Ronald Walker, National Forest Products Association, 18582 Beach Boulevard, Huntington Beach, commended the Council for updating the City Codes. Mr. Walker recom- mended further study regarding fire retardant roofs prior to a decision by the Council. He requested that a meeting be scheduled so that he could discuss this matter with the City's Building and Fire officials. Mr. Walker also recommended Class "C" roofing rather than Class "B" contending that Class "B" could not be guaranteed and the treatment for both classes was the same. Councilwoman Hertzog expressed her desire to have a meeting'scheduled as requested by Mr. Walker. Byron Vaughan, Representative of the Building Industry Association, submitted a prepared document to Council which details the requirements of Sections 17922, 17958, 17958.5, and 17958.7 of the Health and Safety Code indicating the limitations of cities and counties to change or modify the Uniform Industry Code. Mr. Vaughan voiced his concern with the City's proposed modifications to the Electrical Code and suggested that these be reviewed by the City Attorney. He reported that the County of Orange was not permitted to make changes. Mr. Vaughan further reported that special findings must be made in order to modify that Code. At the request of the Vice Mayor, the Assistant Devel- opment Services Director/Building Safety explained that justification and specific findings are required based on the area. The Development Services Director referred to a memorandum from the Assistant Director dated July 6, 1982, which contains required findings. Mr. Vaughan insisted that the findings were not proper and in violation of a law adopted in 1970. Vice Mayor Hall suggested that Mr. Vaughan meet with the City Attorney, and if there was_a need for amend- ment, the change could be made prior to second reading of the ordinance. Gerald Odegaard, 1632 Pegasus Street, Santa Ana Heights, read a newspaper article concerning the Uniform Plumbing Code and the illegality of the use of plastic pipes. There being no other speakers, the Vice Mayor closed the public hearing. Vice Mayor Hall suggested deletion of that section of the proposed ordinance pertaining to fire retardant roofs. '1.5tj MU110N On motion by Councilman McFarland, seconded by Vice Ordinance 82-13 Mayor Hall, Ordinance 82-13, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING BY REFERENCE THE 1979 EDITIONS OF THE UNIFORM BUILDING CODE; THE UNIFORM HOUSING CODE; THE UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS; THE UNIFORM SOLAR ENERGY CODE; THE UNIFORM PLUMBING CODE INCLUDING APPENDICES A, B, C, D, G, H, AND I; THE 1976 EDITION OF THE UNIFORM MECHANICAL CODE INCLUDING APPENDICES A, B, AND C; THE 1978 EDITION OF THE NATIONAL ELECTRICAL CODE AND THE UNIFORM WIRING CODE OF THE CITY OF COSTA MESA; AND CERTAIN AMENDMENTS AND MODIFICATIONS TO SAID CODES, deleting Section.5-17 pertaining to roofs, based on the findings and justifications contained in staff's memor- andum dated July 6, 1982, and incorporating Changes Nos. 1, 2, and 3, contained in staff's memorandum dated July 14, 1982, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Councilman McFarland requested that staff schedule a 'meeting with Ronald Walker for further study of fire retardant roofs. PUBLIC HEARING The Clerk announced that this was the time and place R-82-08 set for the public hearing for Rezone Petition R-82-08, Costa Mesa City Council, for permission to rezone property located at 2910 Red Hill Avenue from CL to MP. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director reported that he has received,a request from Thomas Kamph, owner of subject MOTION property, asking for a two-week continuance. On motion Held Over by Councilman McFarland, seconded by Councilwoman Hertzog, and carried 4-0, the public hearing was con- tinued to the meeting of August 2, 1982. NEW BUSINESS The Clerk presented Encroachment Permit EP -82-03, Pacific Federal Savings and Loan, 1901 Newport Boule- EP-82-03 vard, Costa Mesa, for a ground sign to encroach into Pacific Federal the public right-of-way on Newport Boulevard, in a C2 -CP zone. Environmental Determination: Exempt. A representative for the applicant was in the audience, however, there were no questions from the Council. MOTION A motion was made by Councilman Johnson, seconded by Permit Approved Councilman McFarland, and carried 4-0, approving the encroachment permit based on the analysis and findings contained in the Planning Staff Report, and subject to modifications required for Zone Exception ZE-82-101. ORAL COMMUNICATIONS Gerald Odegaard, 1632 Pegasus Street, Santa Ana Heights, expressed his opposition to the policy adopted by the Orange County Board of Supervisors regarding sanitation land fill. Vice Mayor Hall responded that Councilwoman Hertzog made a presentation at that Supervisor's meet- ing, and other Council Members and staff from this City as well as other Orange County cities were present to protest the Board's action. COUNCILMANIC COMMENTS Councilwoman Hertzog commented that some cities have cooperative gardens and she has been approached by Costa Cooperative Mesa residents asking if it would be possible to use Gardens vacant City property for this use. Councilwoman Hertzog requested the City Manager to look into the possibility of cooperative gardens within the City, with final approval by the Council. ADJOURNMENT At 10:55 p.m., the Vice Mayor adjourned the meeting to July 27, 1982, at 5:00 p.m., in the 5th floor Conference - Room of City Hall. Mayor of the City o Costa Me ATTEST: Qf ty -C I er_ _--of -t e City= of Costa esa x.55