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HomeMy WebLinkAbout08/02/1982 - City Council.,g ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 2, 1982 The City Council of the City of Costa Mesa, California, met in regular session on August 2, 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 Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Bob Ewing, South Coast Christian Church. _ Council Members Present: Schafer, Hall, Hertzog, McFarland, Johnson Council Members Absent: None Officials Present: Assistant City Manager, City Attorney, Development Services Director, Assistant City Engineer, City Clerk MINUTES On motion by Vice Mayor Hall, seconded by Councilwoman July 19, 1982 Hertzog, and carried 5-0, the minutes of the regular meeting of July 19, 1982, were approved as distributed and posted. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilman Johnson, and carried 5-0, to read all ordi- nances by title only. Pinkleys Mayor Schafer introduced former Mayor Alvin Pinkley and Introduced his wife, Lucy. CONSENT CALENDAR The following item was removed from the Consent Calen- dar: Item 5 on the Reading Folder, request from Veterans of Foreign Wars for "Civic Responsibility Week" proclamation. On motion by Councilman McFarland, seconded by Council- woman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Councilman McFarland, seconded by Council- woman Hertzog, Resolution 82-62, being A RESOLUTION OF Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, of Records for AUTHORIZING RECORDS DESTRUCTION FOR THE ANIMAL CONTROL Animal Control DIVISION OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- NANCE NO. 75-60, was adopted by the following roll call MOTION vote: Resolution 82-62 AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Adopted McFarland, Johnson NOES: COfJNGIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Display of Posters A request has been received_from Kathy Dembowski, Pre - in City Parks - school Director., Har_bor'Trinity Baptist Church, 1230 Harbor Trinity Baker Street, Costa Mesa, for -permission to display Baptist Church small posters in City parks._- The posters contain information regarding the Church's preschool and day MOTION care center. On motion by Councilman McFarland, sec - Request Denied onded by Councilwoman Hertzog, and carried 5-09 the request was denied. 1 READING FOLDER On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims were received by the City Clerk from the following claimants: Attorney Frank C. Wright on behalf of Carol Nelson and George Anderson; Commercial Union Insurance Company on behalf of Richard Andrews; Attorney Richard D. Donald on behalf of Tuan Ngoc Nguyen; Linda Ruth Swanson; Emogene K. Vauter; and Nancy Waterman. Alcoholic Beverage Alcoholic Beverage License for which parking has Licenses been approved by the Planning Division from: Jose Garcia and Francisco J. Soto, doing business as Southwood Liquor, 2230 Harbor Boulevard; Pizza Palace, Incorporated, doing business as Straw Hat Pizza, 187 East 17th Street; Thuy Do, doing busi- ness as Harbor Liquor, 1927 Harbor Boulevard, Suite B; and Frank H. and Linda E. Showalter, doing business as Sunshine Liquor, 724 West 19th 'Street. Public Utilities Notice from Southern California Gas Company and Commission Pacific Lighting Gas Supply Company that an application was filed with the Public Utilities Commission for authorization to include.purchase gas costs relating to the Pitas Point Offshore Project in the Purchase Gas Adjustment (PGA) procedure. Election Ballots Resolution from the City of Westminster urging that all ballots and ballot materials be printed in English only and that sample ballots be printed in at least 10 -point type. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Muscular Purpose has been received from Muscular Dystrophy Asso- Dystrophy ciation, 1823 East 17th Street, Suite 220, Santa Ana, soliciting funds August 1 through 30, 1982, and holding a skate-a-thon at the Ice Capades Chalet on August 14, MOTION 1982. On motion by Councilman McFarland, seconded by Permit Approved Councilwoman Hertzog, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234J and subject .to one condition recommended by the Revenue Division. Dorothy Brown Notice of Intention to Appeal or Solicit for Charitable School Purpose has been received from Dorothy Brown School, Incorporated, 3502 South Normandie Avenue, Los Angeles, by solicitation and collection of reuseable household MOTION items and personal clothing through August, 1982. On Permit Approved motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried 5-0, the permit was approved for the remainder of the 1982 calendar year as recommended by the Revenue Division, and with application of Munici- pal Code Section 9-234J. Happy Jaks and Notice of Intention to Appeal or Solicit for Charitable Jills Purpose has been received -from Happy Jaks and Jills, Incorporated, Post Office Box 746, Garden Grove, by holding,a one -day sports-a-rama at the Orange County MOTION Fairgrounds on August 15, 1982. On motion by Council - Permit Approved man McFarland, seconded by Councilwoman Hertzog, and carried 5-0, the permit.was approved with application of Municipal Code Section 9-234J and subject to two conditions recommended by the Revenue Division. REJECTED CLAIMS On motion by Councilman McFarland, seconded by Council - Assad woman Hertzog, and carried 5-0, the claim of Christine L. Assad was rejected. Berg On motion by Councilman McFarland, seconded by Council- to Bein and Frost woman Hertzog, and carried 5-0, the claim of Patrick Dale Berg was rejected. Buffington On motion by Councilman McFarland, seconded by Council- District No. 80-1 woman Hertzog, and carried .5-0, the claim of Lauraine Buffington was rejected. Smith On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried 5-0, the claim of Gregory W. Smith was rejected. Contract Addendum The Director of Leisure Services has recommended that Mohle-Perry approval be given to an addendum to the contract with Mohle-Perry and Associates, Incorporated, 901 East Golf Course Imperial Highway, Suite A, La Habra. The addendum, in Parking Lot an amount not to exceed $6,000.00, is for construction supervision during the Costa Mesa Golf Course parking MOTION lot improvements. On motion by Councilman McFarland, Addendum seconded by Councilwoman Hertzog, the addendum was Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:. None Change Order No. 1 Change Order No. 1, relating to the contract with Will- Willdan Associates dan Associates, 290 South Anaheim Boulevard, Suite 100, Anaheim, was presented. The change order, in the amount Assessment of $3,500.00, is for additional engineering services in District No. 80-1 Assessment District No. 80-1, Sunflower/MacArthur Indus- trial Area. On motion by Councilman McFarland, seconded MOTION by Councilwoman Hertzog, the change order was approved Change Order by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Release of Funds The Director of Public Services has recommended that to Bein and Frost retention funds, in the amount of $48,801.80 of the current $72,494.68 retention money, be released to Assessment Robert Bein, William Frost and Associates, 1401 Quail District No. 80-1 Street, Newport Beach, in connection with construction of Assessment District No. 80-1, Sunflower/MacArthur Industrial Area. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, release of a portion of the retention funds was authorized as recommended. 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 Agreement - Hlubik An agreement between the City and Randolph Hlubik Asso- ciates, 3616 Main Street, Suite 205, Riverside, was Wimbledon Park presented. The agreement stipulates payment not to exceed $10,700.00 for landscape architectural services MOTION at Wimbledon Park. On motion by Councilman McFarland, Agreement seconded by Councilwoman Hertzog, the agreement was Approved approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Reading Folder Item 5 on the Reading Folder was presented, a letter Civic from Veterans of Foreign Wars, Garden Grove Post No. Responsibility 6475, 12942 Dale Street, Garden Grove, requesting that Week the week of September 19-25, 1982, be proclaimed as nm "c;ivic Responsibility Week". On motion by Vice Mayor MOTION Hall, seconded by Councilwoman Hertzog, and carried 5-0, Held Over this item was continued to the meeting of August 16, 1982. OLD BUSINESS The Clerk presented for second reading and adoption Adoption of Various Ordinance 82-13, being AN ORDINANCE OF THE CITY COUNCIL Building Codes 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. MOTION On motion by Vice Mayor Hall, seconded by Councilman Adoption of Johnson, and carried 5-0, second reading and adoption Ordinance 82-13 of Ordinance 82-13 was continued to the meeting.of Held Over August 16, 1982, in order for staff to complete legal research. ZE-82-37 The Clerk presented Zone Exception ZE-82-37, Sid Fleisher/Pedicini Fleisher and Zachary Pedicini, 102 Scholz Plaza, Suite 132, Newport Beach, for modification of the condition requiring that the appurtenant structure now supporting the sign be removed, and that the sign be lowered to 16 feet, for property located at 2574 and 2576 Newport Boulevard, in a C1 -CP zone. A communication has been received from Mr. Pedicini requesting a continuance to the meeting of October 18, 1982. The Development Services Director referred to the memorandum from the Planning staff dated July 29, 1982, which recommends that the original condition be upheld and that the necessary modifications be completed within 30 days of Council action. Sid Fleisher, stated he has recently been advised by Dickerson Sign Company that removal of the structure now supporting the sign would be quite expensive. Mr. Fleisher also reported that there are five people he must contact regarding this matter and he would be unable to have them attend a Council meeting prior to October 18, 1982. Councilman McFarland suggested that Mr. Fleisher investigate the cost of a conforming sign because it might be less expensive than further modification. Vice Mayor Hall referred to -the -memorandum from staff which states that the applicant has the option of applying for a new variance, and this would further delay Council action. In view of this, Vice Mayor Hall made a motion to continue this item to October 18, 1982, as requested by the applicant. The motion was seconded by Councilman Johnson, and carried 4-1, Mayor Schafer voting no. WARRANTS On motion by Councilman McFarland, seconded by Council - MOTION woman Hertzog, Warrant Resolution 1185, including Warrant 1185 Payroll 8215, was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilman McFarland, seconded by Council - MOTION woman Hertzog, Warrant Resolution 1185 was approved by Warrant 1186 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 Release of Funds to McGrew for Assessment District No. 80-1 MOTION Release of Funds Authorized The City Attorney requested Council authorization to release funds held by the City because of Stop Notices having been filed by Shasta Engineering and Ayala Boring Company against McGrew Construction Company in connection with construction of Assessment District No. 80-1, Sunflower/MacArthur Industrial Area. The City Attorney reported that McGrew Construction has submitted release bonds to the City which provide that should any legal action arise from the release of the monies, that the City will be defended by the surety. A motion was made by Vice Mayor Hall, seconded by Councilman Johnson, approving the release of money withheld, and authorizing the Director of Finance to immediately issue a check'in the amount of $197,681.58 to McGrew Construction Company. 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 presented the public hearing, continued from R-82-08 the meeting of July 19, 1982, for Rezone Petition R-82-08, Costa Mesa City Council, for permission to rezone property located at 2910 Red Hill Avene from CL to MP. Environmental Determination: Negative Declara- tion. The Development Services Director reviewed the history of subject property which was rezoned from MP to CL in 1979 to accommodate a proposed professional office building. On August 7, 1981, Development Review DR -81-16, for a two-story office building was approved. Since the project has not proceeded, and the permit will expire August 7, 1982, indications are that the project has been abandoned, however, the property owner has stated to the Planning Commission that he still intends to construct the office building. Thomas Kamph, 16901 Roundhill drive, Huntington Beach, owner of subject property, assured the Council that he intended to proceed with the project as promised a few years back and explained that the project has been delayed awaiting settlement of his father's estate. Mr. Kamph stated he will file for an extension of DR -81-16. There being no other speakers, the Mayor closed the public hearing. After discussion, the Mayor reopened the public hearing. MOTION Vice Mayor Hall made a motion to continue this item to Held Over the meeting of August 1, 1983. The motion was seconded by Councilman Johnson, and carried 5-0. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of set for the public hearing for a rehearing requested by Condemnation Gary Conwell, 1507 Serenade Terrace, Corona del Mar, at 346 Ogle concerning Resolution of Necessity No. 82-59 adopted Street/Conwell July 6, 1982, to condemn property measuring 5 feet by 60 feet, for acquisition of right-of-way for an alley miiey Project project south of 17th Street between Santa Ana and South of 17th Tustin Avenues; Graham Parcel No. 7, located at 346 Ogle Street Street. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Gary Conwell was present and expressed his objection to the alley improvement citing safety problems if the lot line is too close to the alley. He further stated that the Building Code requires a 25 -foot setback. The Assistant City Engineer responded that since the existing structure is now only approximately five feet from the property line, acquisition would not greatly alter the present setback. The -Engineer also reported that the structure was probably constructed prior to the property being annexed to the City. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Hall, seconded by Coun- Adoption of cilman McFarland, to uphold the adoption of Resolution Resolution 82-59 82-59, based on the findings stated on July 6, 1982. Upheld The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: Schafer . ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of ZE-82-95/ appeal of the Planning Commission's denial of Zone RA -82-09 Exception ZE-82-95, and the Redevelopment Agency's Smith/Darrow denial of Redevelopment Action RA -82-09, from Betty J. Smith, authorized agent for Daniel D. Darrow, 1733 Douglas Road, Anaheim, for a Conditional Use Permit to legalize a nonconforming adult entertainment business (massage studio), with variances from parking and locational provisions, for property located at 1733 Fullerton Avenue, in a CL zone. Environmental Deter- mination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A communication has been received from Doris and Norman Haid, 170 Cabrillo Street, Costa Mesa, opposing a massage parlor in this area. The Development Services Director stated that since the Council already has heard this item at the last Redevelopment Agency meeting, he would not elaborate on the memorandum prepared by the Planning staff dated July 28, 1982. Staff recommended that Council uphold Planning Commission and Redevelopment Agency denials of subject applications. Lee Albert, 1200 North Main Street, Suite 610, Santa Ana, representing the applicant, requested a 30 -day continuance in order to produce additional witnesses. Motion to Continue A motion was made by Vice Mayor Hall, seconded by Failed to Carry Councilman McFarland, to continue this item to Septem- ber 7, 1982. The motion failed to carry 3-2, Council Members Schafer, Hertzog, and Johnson voting no. Lee Albert stated his opinion that there was a question as to the constitutionality of the City's Ordinance. He also reported that the applicants will make any conces- sions regarding parking requirements. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Councilman McFarland, seconded by Applications Councilwoman Hertzog, to deny the applications based on Denied the findings and analysis contained in the Staff Report 4.:ir, `' and the recommendations of Redevelopment Agency. The Mayor Hall voting no. the Planning Commission and motion carried 4-1, Vice PUBLIC HEARING The Clerk announced the public hearing concerning an Appeal of appeal from Warren G. Althoff, 1523 Orange Avenue, Costa ZE-82-102 Mesa, of the Planning Commission's approval of Zone Lockhart/Powers Exception ZE-82-102 and Tentative Map for Tract 11823, Roger Daniel Lockhart, authorized agent for Neil J. Powers, 515 Santa Ana Avenue, Newport Beach, for a Conditional Use Permit with a variance from side setback requirements for the construction of two condominium units, and a Tentative Tract Map for a one -lot subdivi- sion, located at 1528 Orange Avenue, in an R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No com- munications have been received. Roger Lockhart, 2182 Dupont Drive, Suite 214, Irvine, stated that he would be residing in one of the units and that the project would upgrade the neighborhood. John W. Tucker, representing the appellant, spoke in opposition to the project because he felt it would increase traffic in the area and he opposed multiple units. Warren Althoff also spoke in opposition to the project because he favored single-family residences in the area. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hall, seconded by Councilman Zone Exception McFarland, and carried, the zone exception permit was Approved approved subject to conditions recommended by the Planning Commission. PUBLIC HEARING The Clerk announced the public hearing to consider the Accessory Structure appeal from George Van Dam, 486 Magnolia Street, Costa at 492 Magnolia Mesa, regarding the Planning Commission's decision on Street/Van Dam July 12, 1982, approving revised plans for accessory structure at 492 Magnolia Street, allowing a height of 15 feet 5-1/2 inches. George Van Dam spoke in opposition to allowing the additional 5-1/2 inches and requested that Council order the accessory structure lowered to 15 feet as required by Code. There being no other speakers, the Mayor closed the public hearing. In response to questions from Vice Mayor Hall, the Development Services Director explained that the Planning and Building Codes vary on how heights are measured. Approval of the additional 5-1/2 inches was given because he felt it was not enough of a deviation to order the accessory structure lowered to 15 feet. MOTION A motion was made by Vice Mayor Hall, upholding the Decisions decisions of the Development Services Director and the Upheld Planning Commission, approving the present height of the accessory structure. The motion was seconded by Councilwoman Hertzog, and carried 5-0. PUBLIC HEARING The Clerk announced the public hearing to consider the Accessory Structure appeal from William Gallagher, 492 Magnolia Street, at 492 Magnolia Costa Mesa, regarding the Planning Commission's decision Street/Gallagher on July 12, 1982, requiring the lofts in the accessory structure to be enclosed, and limiting facilities in the 1 bathroom to a sink and toilet. Mr. Gallagher has requested permission to install a shower and to leave the loft areas open. William Gallagher was present and explained that he wants the lofts open for easy access. He also stated that a shower is needed because he is now having a swimming pool installed, and he has a sauna in the accessory structure. George Van Dam, 486 Magnolia Street, spoke in opposi- tion to Mr. Gallagher's request. There being no other speakers, the Mayor closed the public hearing. Vice Mayor Hall and Councilwoman Hertzog commented that Mr. Gallagher's project was well done and was an asset to the neighborhood. MOTION On motion by Vice Mayor Hall, seconded by Councilwoman Appellant's Hertzog, and carried 5-0, Mr. Gallagher's requests Requests Granted for open lofts and installation of a shower were granted. PUBLIC HEARING The Clerk announced -that this was the time and place Weed Abatement set for the public hearing to consider a proposed resolution approving and confirming the report of the Fire Chief or his designee, showing the cost of removing the rubbish and weeds and refuse or dirt on or in front of each separate parcel of land in the City of Costa Mesa. The Affidavit of Posting is on file in the Clerk's office. No communications have been received. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke con- cerning assessment of each parcel and procedure for notification of property owners. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Councilman McFarland, seconded by Council - Resolution 82-63 woman Hertzog, Resolution 82-63, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT OF THE FIRE CHIEF OR HIS DESIGNEE, SHOWING THE COST OF REMOVING THE RUBBISH AND WEEDS AND REFUSE OR DIRT ON OR IN FRONT OF EACH PARCEL OF LAND IN THE CITY OF 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 Recess The Mayor declared a recess at 8:15 p.m., and the meet- ing reconvened at 8:25 p.m. Council Former Mayor Alvin Pinkley commended the Council for Commended their courtesy to the public. PUBLIC HEARING The Clerk announced that this was the time and place GP -82-2A set for the public hearing to consider General Plan Sakioka Farms Amendment GP -82-2A; Curci-England Company, 21515 Haw- thorne Boulevard, Suite 500, Torrance, authorized agent for Sakioka Farms, Incorporated, 14850 East Sunflower Avenue, Santa Ana, for permission to delete General Plan Guideline "A" -(project phasing) of General Plan Amendment GP -78-3A (revised), for property located between the San Diego Freeway and Sunflower Avenue, and between Avenue of the Arts and Main Street, in PDC and 110 nW PDR -HD zones. Environmental Determination: Environ- mental Impact Report accepted for General Plan Amendment GP -78-3A. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Staff Report contains three options: Retain the Guidelines as adopted; Delete the Guideline as requested by the applicant; or Retain the Guideline in a modified form. The Planning staff recommended Option III with the modi- fied wording suggested in the applicant's letter dated June 9, 1982. The Planning Commission recommended a fourth land use option which would retain the language of the Project Phasing Guideline as adopted by the City Council but would delay implementation until prior to the issuance of building permits for Building No. 3 of Phase I. Michael Oberst, Curci-England Company, spoke in support of the Planning staff's recommendation. There being no other speakers, the Mayor closed the public hearing. Mayor Schafer commented that this project has been extensively studied by the Council at previous Study Sessions and that this is the reason Council does not have need for detailed discussion. MOTION On motion by Vice Mayor Hall, seconded by Councilman Resolution 82-64 Johnson, Resolution 82-64, being A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -82-2A, TO MODIFY THE "PROJECT PHASING" GUIDELINE OF GENERAL PLAN AMENDMENT GP -78-3A (REVISED), was adopted by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: McFarland, Johnson None None PUBLIC HEARING The Clerk announced that this was the time and place set Supplement to for the public hearing to consider the draft supplement EIR for GP -78-3A to the final Environmental Impact Report (EIR) for Gen- Sakioka Farms eral Plan Amendment GP -78-3A, for the same applicant and for the same property as shown for the previous item, General Plan Amendment GP -82-2A. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. ZE-82-84 and In connection with subject property, the Clerk presented Tract No. 10950R2 Zone Exception ZE-82-84, for a 1.3 -million -square -foot Planned Development, with a variance from required land- scape setback, and a Conditional Use Permit for off-site parking and pay parking; and Tentative Map for Tract 10950R2, a revised map to create a 14 -lot subdivision. The Senior Planner gave a brief summary of the three items being considered. Referring to the supplement to the final Environmental Impact Report for General Plan Amendment GP -78-3A, the Senior Planner reported that the supplement is necessary in order to address additional environmental impacts of the current proposal not con- tained in the previous environmental documentation, that is, to discuss the building height and shade/shadow impacts of the proposed 10-, ll-, and 14 -story buildings. The Planning Commission and Planning staff recommended acceptance. no In regard to Zone Exception ZE-82-84, the project is designed in two clusters of three buildings, each with a central plaza and common parking and circulation. The first phase cluster consists of one 14 -story and two 11 -story buildings while the second phase cluster contains one 14 -story and two 10 -story buildings. The first phase will have all surface parking; the completed project will include three parking structures. The Senior Planner reported that the Planning Commission recommended approval of the Development Plan with the exception of the specific height and location of build- ings in the second phase. The request for a variance for reduction in landscaping on Anton Boulevard was recommended for denial by the Commission. The Planning Commission recommended approval of the Tentative Map for Tract 10950R2 with the consolidation of Lots 5, 6, 7, and 8 into Lot 5. The Senior Planner reported that the applicant has already complied with Condition No. 9 relating to archaeological testing on a portion of the site. In a memorandum dated July 28, 1982, the Senior Planner has recommended that an additional finding be included for approval of Zone Exception ZE-82-84 as required by Section 15088 of the Guidelines: "That changes or alterations have been required in, or incorporated into, the project which mitigate or avoid significant environmental effects thereof (shade/shadow and build- ing height) as identified in the Amended Supplement to the Environmental Impact Report for the Sakioka Farms General Plan Amendment GP -78-3A (SCH No. 78100988)". However, in a letter dated July 26, 1982, the applicant has suggested additional expansion of the above finding and expansion of the findings for Tentative Tract No. 10950R2 to ensure that adequate legal written findings are made to support Council action for their applica- tions. The Senior Planner also reported that the applicant has raised questions concerning alternative methods of funding in lieu of a cash deposit relating to construc- tion'of traffic signals in conjunction with the project. Michael Oberst, Curci-England Company, spoke in regard to conditions recommended for Zone Exception ZE-82-84. Mr. Oberst reported that Conditions Nos. 3 and 9 have already been completed. Referring to Condition No. 6, "No building permits shall be issued for development in excess of 750,000 gross square feet of commercial building area until necessary contributions are made to Phase II of the areawide cir- culation improvement program", Mr. Oberst suggested that Council specify a contribution, possibly to an alterna- tive traffic improvement plan if it appears Phase II of the Central Orange County Circulation Study (CENTROCCS) will not be completed by that time. The Mayor responded that it was not possible to specify a certain amount at the present time.' The Assistant City Engineer recom- mended that Condition No. 6 not be modified at this time, however, if in the future the applicant cannot meet that condition, he can then request a modification. Mr. Oberst referred to Conditions Nos. 25 and 26 which require cash deposits totaling $200,000.00 in connection with construction of certain traffic signals, and asked that the applicant be permitted to post a bond or a Certificate of Deposit in lieu of a -cash deposit. The Assistant City Engineer and the Council agreed that the request could be'granted. There being no other speakers, the Mayor closed the public hearing. 72 MUIION A motion was made by Vice Mayor Hall, seconded by EIR Supplement Councilman Johnson, to accept as adequate and accurate for GP -78-3A the supplement to the Environmental Impact Report for Accepted General Plan Amendment GP -78-3A. The motion carried 5-0. MOTION Vice Mayor Hall made a motion to approve Zone Exception ZE-82-84 ZE-82-84 as recommended by the Planning Commission; Approved based on the analysis and findings contained in the Staff Report, with the additional finding contained on the first page of applicant's letter dated July 26, 1982; and subject to all conditions contained in the Staff Report, including Condition No. 44 added by the Planning Commission; and modification of Conditions Nos. 25 and 26, stipulating that a cash deposit is not necessary and that a bond will be acceptable in lieu of a cash deposit. The motion was seconded by Council- man Johnson, and carried 5-0. MOTION A motion was made by Vice Mayor Hall, seconded by Tentative'Map Councilman Johnson, to approve Tentative Map for Tract for Tract No. No. 10950R2 as recommended by the Planning Commission; 10950R2 Approved based on the analysis and findings contained in the .Staff Report, with the additional finding contained on the second page of applicant's letter dated July 26, 1982; and subject to all conditions contained in the Staff Report. The motion carried 5-0. PUBLIC HEARING The Clerk announced that this was the time and place GP -82-2B set for the public hearing for General Plan Amendment GP -82-2B, City of Costa Mesa, for permission to amend the City's procedures and policies for.administration and implementation of the General Plan. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hall, seconded by Councilman Resolution 82-65 McFarland, Resolutions 73-144, 75-24, 75-99, and 81-96 Adopted were repealed, and Resolution 82-65, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -82-2B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, incorporating the report entitled, "General Plan Admin- istration and Implementation Policies and Procedures", was,adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Commissioners Mayor Schafer welcomed Planning Commissioners Walter Welcomed Davenport and Mark Sloate who were in the audience. NEW BUSINESS The Clerk presented Encroachment Permit EP -82-04, Roda EP -82-04 Selden, 230 East 17th Street, Costa Mesa, to allow an Selden awning to encroach into the public right-of-way at the above address, in a Cl zone. Environmental Determina- tion: Exempt. The Planning Commission and Planning staff recommended approval subject to conditions contained in the Staff Report. Mel Selden was present and submitted renderings of the project for Council review. MOTION On motion by Vice Mayor Hall, seconded by Councilman Permit Approved Johnson, and carried 5-0, the permit was approved based 1 on the findings and analysis and subject to conditions contained in the Staff Report. Mortgage Funding The Clerk presented a request from William and Louis, for Moderate Incorporated, 2633 Harbor Boulevard, Costa Mesa, for Income Families Council discussion regarding methods of assisting moderate income families in obtaining affordable mort- gage money for purchasing the six condominium units located at 675 West 18th Street, by City participation in the Orange County Mortgage Bond Program or by pro- viding Housing and Community Development Act (HCDA) funds. William Pressey, William and Louis, Incorporated, was present to answer questions from the Council. Councilman McFarland stated he was opposed to the use of HCDA funds for mortgage assistance and that the bond- ing program would be the only method he would possibly consider. Vice Mayor Hall voiced his opposition to City involve- ment with mortgage financing. MOTION A motion was made by Vice Mayor Hall, seconded by Coun- Request Denied cilman Johnson, and carried 5-0, denying the request. ORAL Sid Soffer, 900 Arbor Street, Costa Mesa, spoke regard - COMMUNICATIONS ing the City's weed abatement program, specifically methods of assessment and notification to the property owners. Mr. Soffer also.asked questions regarding public notices - and the City,Clerk-and City Attorney responded to his inquiries. In response to another question from Mr. Soffer, the Assistant City Engineer stated that the definitions for "alley" and "street" were being researched by staff. Bikeways Costa Mesa Traffic Commissioner Robert Graham expressed his thanks to the Council for updating the City bikeway program. Fairview Mr. Graham suggested that Council consider a museum, Regional Park art center, or a memorial to Vietnam veterans for the Fairview Regional Park area. COUNCILMANIC COMMENTS Councilwoman Hertzog presented a proposed resolution from the Orange County Division, League of California Solid Waste Cities, requesting member cities to review the possi- Gate Fees bility of participating in litigation against the County of Orange in connection with the Board of Super- visors' action on July 13, 1982, adopting a solid waste management gate fee. MOTION A motion was made by''C.ouncilwoman Hertzog, seconded by Join Litigation Councilman McFarland, to-jojn the League in litigation. Vice Mayor Hall, asked if the other 25 cities in the County have already agreed tojoin in litigation. Councilwoman Hertzog responded that all Councils are discussing the question attheir respective meetings and a vote will be taken at. -the League meeting on August 12, 1982. Vice Mayor Hall stated his preference for a joint powers agreement rather than a lawsuit. Councilwoman Hertzog reported that attempts have been made to discuss the fees with the Board of Supervisors but Board Members have refused to discuss the matter. ine City Attorney advised the Council that the object of the lawsuit is to overturn the Board's decision based on procedural shortcomings. Councilman'McFarland reported on the League meeting he attended on July 29, 1982, and stated that none of the cities disagreed with the suggested $4.90 per ton fee, but that there was no justification for the adopted $7.00 per ton fee. He also stated that cities were dissatisfied with the method used by the Board to implement the gate fees. Vice Mayor Hall suggested that this item be continued to August 12, 1982, in order to make an attempt for further discussion with the Board Members. Council- woman Hertzog responded that all attempts for further discussion have been futile. Councilman McFarland stated that if a vote were taken now, he would vote against litigation,.however, if this decision is continued to August 9 so that the Mayor could attempt to contact Supervisor Thomas Riley, and if this attempt failed, he would be willing to join in litigation against the County. SUBSTITUTE MOTION A substitute motion was made by Vice Mayor Hall to Held Over continue this item to an adjourned meeting on August 9, 1982. The motion was seconded by Councilman Johnson, and carried 5-0. A.B. 3283 Councilman McFarland presented a communication from the Sales Tax Orange County Division, League of California Cities, Increase concerning Assembly Bill 3283 (Robinson), which would authorize the Orange County Transportation Commission (OCTC) to place a measure on the ballot to increase sales tax in Orange County by 1/4, 1/2, 3/4, or 1 per- cent for transportation improvements. The League has recommended necessary amendments designed to ensure voter approval of the measure with a majority vote. However, another amendment is under consideration which would restructure the OCTC to include all five members of the Orange County Board of Supervisors, five city representatives, and one public member. The League supports AB 3283 with amendments dealing only with requiring voter approval'of the ballot measure by a majority vote. The League has requested each city in Orange County to actively oppose AB 3282 if it is amended to accomplish any restructuring of the Orange County Transportation Coalition. The Assistant City Manager reported that the City of Costa Mesa has already taken.a position on this measure. ADJOURNMENT At 10:15 p.m., the Mayor adjourned the meeting to August 9, 1982, at,2:00 p.m., in the fifth floor Conference Room of Ci'ty;Hall, for,the purpose of further discussion concerni'ng'-the Orange County Board of Supervisors' action regarding gate fees at landfills. UA ayor of the City of Cos Mesa ATTEST: sa y Clerko the ity o osta