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HomeMy WebLinkAbout08/16/1982 - City Council.: i[7( ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 16, 1982 The City Council of the City of Costa Mesa, California, met in regular session on August 16, 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 Doug Tweedy, Harbor Trinity Baptist Church. Council Members Present: Council Members Absent: Officials Present: Schafer, Hall, McFarland, Johnson Hertzog City Manager, City Attorney, Development Services Director, Assistant City Engineer, City Clerk MINUTES On motion by Councilman McFarland, seconded by Council - July 27, August 2, man Johnson, and carried 4-0, the minutes of the and August 9, 1982 adjourned regular meeting of July 27, the regular meet- ing of August 2, and the adjourned regular meeting of August 9, 1982, were approved as distributed and posted. ORDINANCES A motion was made by Councilman McFarland, seconded by Councilman Johnson, and carried 4-0, to read all ordi- nances by title only. CONSENT CALENDAR On motion by Councilman Johnson, seconded by Councilman McFarland,.all Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog WRITTEN COMMUNICATIONS On motion by Councilman Johnson, seconded by Councilman McFarland, Resolution 82-66, being A RESOLUTION OF THE Destruction CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, of Records for AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK'S City Clerk DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- NANCE NO. 75-60, was adopted by the following roll call MOTION vote: Resolution 82-66 AYES: COUNCIL MEMBERS: Schafer, Hall, Adopted McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Destruction On motion by Councilman Johnson, seconded by Councilman of Records for McFarland, Resolution 82-67, being A RESOLUTION OF THE Building Safety CITY.COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE BUILDING SAFETY MOTION DIVISION OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- Resolution 82-67 NANCE NO. 75-60, was adopted by the following roll call Adopted vote: AYES: COUNCIL MEMBERS: `Schafer, Hall, McFarland, Johnson NOES: COUNCIL MEMBERS: None:-- one-ABSENT: ABSENT:COUNCIL MEMBERS.: __.Hertzog_ READING FOLDER On motion by Councilman Johnson, seconded by Council- man McFarland, and carried 4-0, the following Reading Folder items were received and processed: LJ Claims Claims were received by the City Clerk from the following claimants: John J. Wilhelm; Thomas David Robinson; State Farm Insurance Company on behalf of Albert Bisson; and Attorney Carol Ann Rohr on behalf of Rhonda Disinger. Local Agency Communication from the Orange County Local Agency Formation Formation Commission giving notice of a public Commission hearing on August 11, 1982, relating to proposed annexations to the Costa Mesa Sanitary District, designated Engineer's No. 204, No. 205, No. 206, and No. 207 Annexations, located in the general area of Newport Boulevard and Fair Drive. Santiago Canyon Resolution from the City of Anaheim affirming its Airport Site opposition to the recommendation of the Orange County Blue Ribbon Regional Airport Committee that the Board of Supervisors immediately begin efforts to acquire a 3,700=acre site northeast of Santiago Canyon for a new regional airport site. SET FOR PUBLIC HEARING On motion by Councilman Johnson, seconded by Councilman McFarland, and carried 4-0, the following item was set for public hearing on September 7, 1982, at 6:30 p.m., in the Council Chambers of City Hall: R-82-09 Rezone Petition R-82-09, James C. Gianulias, Gianulias authorized agent for Bristol Plaza, Post Office Box 2990, Newport Beach, for permission to rezone property located at 3150 Bristol Street from Cl to PDC. Environmental Determination: Environ- mental Impact Report and Addenda previously accepted by Council. ADMINISTRATIVE ACTIONS The Director of Public Services has recommended approval of Change Orders No. 6 and No. 7, in the amounts of Change Orders $5,850.00 and $4,417.88, respectively, to the contract 6 and 7 - Bein with Robert Bein, William Frost and Associates, 1401 and Frost Quail Street, Newport Beach. The change orders are for additional engineering services performed in conjunction Assessment with Assessment District No. 80-1, Sunflower/MacArthur District 80-1 Industrial Area. On motion by Councilman Johnson, seconded by Councilman McFarland, the change orders were MOTION approved by the following roll call vote: Change Orders AYES: COUNCIL MEMBERS: Schafer, Hall, Approved McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Change Order 19 - The Director of Public Services has recommended approval McGrew Construction of Change Order No. 19, in the amount of $9,058.15, to the contract with McGrew Construction Company, Post Assessment Office Box 6540, Anaheim. The change order is for the District 80-1 overlay on Sunflower Avenue in connection with Assess- ment District No. 80-1, Sunflower/MacArthur Industrial MOTION Area. On motion by Councilman Johnson, seconded by Change Order Councilman McFarland, the change order was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Change Order 4 - The Director of Public Services has recommended approval Pacific Soils of Change Order No. 4, -in the amount of $2,500.00, to Engineering the contract with Pacific Soils Engineering, Incorpor- ated, 17909 Fitch Street, Irvine. The change order is Assessment for additional soil testing in conjunction with Assess - District 80-1 ment District No. 80-1, Sunflower/MacArthur Industrial Area. On motion by Councilman Johnson, seconded by Councilman McFarland, the change order was approved by x.`7.8 MOTION the following roll call vote: Change Order AYES: COUNCIL MEMBERS: Schafer, Hall, Approved McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Change Order 20 - The Director of Public Services has recommended approval McGrew Construction of Change Order No. 20, in the amount of $10,171.40, to the contract with McGrew Construction Company, Post Assessment Office Box 6540, Anaheim. The change order is for District 80-1 additional work found necessary on the Associated Con- crete Products driveway in connection with Assessment MOTION District No. 80-1, Sunflower/MacArthur Industrial Area. Change Order On motion by Councilman Johnson, seconded by Councilman Approved McFarland, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Harbor Boulevard Bids received for Construction of the Harbor Boulevard Drainage System Drainage System at Adams Avenue, Village Way, and Baker Street are on file in the Clerk's office. On motion by MOTION Councilman Johnson, seconded by Councilman McFarland, Awarded to Fleming the contract was awarded to Fleming Engineering, Incor- Engineering porated, 8281 Commonwealth Avenue, Buena Park, in the amount of $422,525.50, being the lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Agreement - An agreement with Reynolds Environmental Group, 4320 Reynolds Campus Drive, Newport Beach, was presented. The agree- ment stipulates payment by the City of an amount not to Canyon Park - exceed,$12,800.00 for photogrammetry services necessary Phase II to begin the design phase of Canyon Park - Phase II. On motion by Councilman Johnson, seconded by Councilman MOTION McFarland, the agreement was approved, and the Mayor Agreement Approved 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, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Purchase of The Purchasing Agent has requested authorization to Radio Equipment purchase radio equipment for the Police Department from from Motorola sole source supplier, Motorola, Incorporated, 171 South Anita Drive, Suite 201, Orange. Cost of the equipment MOTION is approximately $6,000.00. On motion by Councilman Purchase Approved Johnson, seconded by Councilman McFarland, the purchase was authorized by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Purchase of Rebuilt The Purchasing Agent has requested authorization for an Diesel Engine from emergency purchase of a rebuilt diesel engine to be Lawless installed in the 100 -foot aerial ladder of.the Fire Department. On motion by Councilman Johnson, seconded MOTION by Councilman McFarland, authorization was given to pur- Purchase Approved chase the engine from Lawless, Incorporated, 13644 East Nelson Avenue, City of Industry, in the amount of $7,850.00. The motion carried by the following roll call vote: J L7_ AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Conference On motion by Councilman Johnson, seconded by Councilman Advances McFarland, two Conference Advances in the amounts of $378.00 each, for a police sergeant and a police lieutenant to attend Hostage Negotiation for Command Personnel Conference in San Jose, October 1-3, 1982, were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Agreement - PRC An agreement with PRC Public Management Services, Incorporated, 185 Berry Street, Suite 3808, San Fran - Maintenance of cisco, was presented. The agreement stipulates payment Public Safety in an amount not to exceed $14,000.00 for maintenance Computer System of the City's public safety computer system for Fiscal Year 1982-83. On motion by Councilman Johnson, seconded MOTION by Councilman McFarland, the agreement was approved, and Agreement Approved 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, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Fixing Tax Rate On motion by Councilman Johnson, seconded by Councilman McFarland, Resolution 82-68, being A RESOLUTION OF THE MOTION CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FIX - Resolution 82-68 ING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON ALL Adopted OF THE TAXABLE PROPERTY WITHIN THE CITY OF COSTA MESA WHICH IS TAXABLE TO MEET THE CITY'S OBLIGATION UNDER THE 1974 OPEN SPACE BOND ISSUE FOR FISCAL YEAR 1982-83, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Redevelopment Relating to Redevelopment Agency promissory notes, the Agency Promissory. Agency has made the following recommendations: Notes (1) Extend Promissory Notes No. 11 through No. 21 from June 30, 1982, to June 30, 1983, at interest equal to the weighted average rate of interest earned by the City on its cash investments for the period immediately pre- ceding the effective date of the notes, not to exceed 12 percent; (2) Interest earned on Note No. 21 in excess of 12 per- cent be refunded to the Redevelopment Agency by the City. (3) City accept repayment of accrued interest on out- standing notes by the Redevelopment Agency in the amount of $700,000.00; and (4) City re -extend a $700,000.00 advance to the Redevel- opment Agency. MOTION On motion by Councilman Johnson, seconded by Councilman Agency McFarland, the recommendations of the Agency were Recommendations approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog ivotice of Site improvements at Balearic Center have been completed Completion to the satisfaction of the Director of Leisure Services Balearic Center by Wakeham Construction, Incorporated, 3621 West Mac- Arthur Boulevard, Suite 118, Santa Ana. On motion by MOTION Councilman Johnson, seconded by Councilman McFarland, Work Accepted the work was accepted, the Clerk was authorized to file a Notice of Completion, the Performance Bond was ordered exonerated 35 days after the Notice of Completion has been filed, and the Labor and Material Bond was ordered exonerated seven months after the Notice of Completion has been filed. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Executive The City Manager has requested authorization to purchase Magazine 11,100 copies of the September, 1982, issue of Executive Magazine which features the City of Costa Mesa. The purchase price is $10,000.00 and the copies purchased will be used as an advertising and promotional tool in communicating with the community as a whole and other MOTION organizations that are interested in locating their Purchase businesses in Costa Mesa. On motion by Councilman John - Authorized son, seconded by Councilman McFarland, the purchase was authorized by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog OLD BUSINESS The Clerk presented from the meeting of August 2, 1982, Adoption of amended Ordinance 82-13, being AN ORDINANCE OF THE CITY Various Building COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING Codes 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. The Development Services Director referred to memoranda from staff dated August 12 and August 16, 1982, recom- mending that another first reading be given to the ordinance because of significant content changes made since the first reading was given on July 19, 1982. Staff has recommended that the seven Codes within the Ordinance be adopted as amended for commercial and industrial uses. For residential uses, staff has recommended that the five State -mandated Codes be adopted as written except Item 27 on Page 9 of the Ordinance which is an amendment of Section 5-17 of the Costa Mesa Municipal Code pertaining to fire -retardant or noncombustible roof coverings. The memorandum of August 12, 1982, contains various options regarding fire -retardant roofs, adjustment of City building fees, and justifications required for a proposed amendment to the Code concerning fire -retardant roofs. The memorandum of August 16, 1982, contains a staff recommendation concerning smoke control. MOTION Amended Based on the justifications contained in the memorandum Ordinance 82-13 dated August 12, 1982, a motion was made by Vice Mayor Given First Hall, seconded by Councilman Johnson, giving first Reading reading to amended Ordinance 82-13 with the following additional modifications: 1 In Approve Class "C".roofs with requirement that installer submit certification as detailed on Page 2, first paragraph under Section C. Amend Section 5-17 of the Costa Mesa Municipal Code to read as follows: "The Building Permit fee for re -roofing shall be $1.00 per square (100 square feet) of roofing applied, with a minimum fee of $15.00. A separate permit shall not be required for roof covering involving a totally new building or structure for which a Building Permit has been properly issued. Certification by the installer, as required in this section, shall be filed with the Building Division prior to Final Building Inspection." Add Section", 5_20, Smoke Control, to the Costa Mesa Municipal Code, which reads as follows: "Section 1807(g) of the Uniform Building Code is hereby amended by adding the following: 'Not- withstanding any other provisions of this section, the exclusive use of windows or panels manually openable from within the fire floor or approved fixed tempered glass shall not be acceptable'." The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Extension of The Clerk presented a request for extension of Zone ZE-80-168A Exception ZE-80-168A, from ..McLain Development Company, McLain/Segerstrom 1470 Jamboree Road, Newport Beach, authorized agent for Nellie Ruth Segerstrom, 3315 Fairview Road, Costa Mesa, for a Conditional Use Permit and Final Development Plan with variances from required landscaped setbacks, from required location, number, and type of parking spaces, in conjunction with construction of a 244 -unit condo- minium development, located at the southeast corner of Fairview Road and South Coast Drive, in a PDR -MD zone. Environmental Determination: Environmental Impact Report for General Plan Amendment GP -76-3D, accepted in November, 1976. MOTION On motion by Councilman McFarland, seconded by Vice Extension Mayor Hall, and carried 4-0, the extension was granted Granted with an expiration date of March 16, 1983. WARRANTS On motion by Councilman McFarland, seconded by Vice Mayor Hall, Warrant Resolution 1187, including Payroll MOTION 8216, was approved by the following roll call vote: Warrant 1187 AYES: COUNCIL MEMBERS: Schafer, Hall Approved McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog PUBLIC HEARING The Clerk announced that this was the time and place set for the rehearing requested by Robert F. Yoder, 155 Buoy Rehearing of Street, Costa Mesa, concerning the Council's adoption of R-79-15 and Ordinance 79-32, being AN ORDINANCE OF THE CITY COUNCIL ZE-82-88 - OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE Nordquist ZONING OF A PORTION OF LOT 901, NEWPORT MESA TRACT, 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, for property located at 183 East Bay Street; and Council's approval of Zone exception ZE-82-88, for variances from parking require- ments. Environmental Determination: Negative Declara- tion adopted for General Plan Amendment GP -79-3A. The Affidavits of Publishing and Mailing are on file in the Clerk's office. A communication has been received from the Reverend Conrad Nordquist, St. John the Divine Episcopal Church, stating that he will be out of the State until August 31 and unavailable for the scheduled hearing date. He requested that if any further contribution is required of him that the meeting be postponed, however, if further information is not needed, to proceed with the hearing as the Council Members see fit. The Development Services Director referred to Mr. Yoder's Application for Rehearing concerning the Church setback and explained that the Church building has a 10 -foot setback and is a nonconforming use. He further commented that the location of the building has no affect on the proposed project. The Director addressed the subject of open space and reported that the open space is slightly under the 42 percent required by Code, however, when the plans for the new sanctuary and admin- istrative buildings are submitted, modifications will be required in order to obtain the 42 percent open space. Councilman McFarland referred to Mr. Yoder's Application for Rehearing, Item 1, which states that the Clerk did not send out postcards to residents within 300 feet of the proposed project, and asked staff for an explanation of the City's policy regarding notification. The City Clerk responded that postcards were not required to be mailed at the time the Rezone Petition was set for public hearing before the City Council, however, Notice of Public Hearing was published in the Daily Pilot as required by the Government Code. The Development Ser- vices Director expanded on the Clerk's statement and explained the notification procedure from the Planning Commission level to the City Council level. At the request of Vice Mayor Hall, the Development Ser- vices Director presented aerial view slides of the subject property. The appellant, Bob Yoder, 155 Buoy Street, Costa Mesa, submitted data to the Council to support his contention that HUD funds should be transferred to a more suitable site on -the west side of the City. Mr. Yoder referred to a newspaper article in the Daily Pilot, dated August 13, 1982, indicating that the transfer of funds is possible. Mr. Yoder also stated that he had spoken to a gentleman in the HUD office and was advised that funds can be transferred from one site to another. In response to Vice Mayor -Hall's inquiry, the Develop- ment Services Director stated that transfer of funds is not a simple matter since the request must be resub- mitted to HUD. Jean Forbath, 2880 Club House Road, Costa Mesa, pointed out that subject project is being funded under Section 202/8, nonprofit sponsor. Rheinhold Klein, consultant for the project, reported that a HUD memorandum has recently been received which states that substitution of sites is no longer allowed except for sites financed with noncompetitive funds. Mr. Klein further reported that if the project is not started this year, the funds will be withdrawn. Ken Bauermeister, 2530 Fordham Drive, Costa Mesa, spoke in opposition to the project and stated that the Council would be overlooking the wishes of the people if they approve the project. Mr. Bauermeister expressed his opinion that the City was deteriorating. James Crilly, 184 East Bay Street, Costa Mesa, spoke ..concerning the traffic density in the area, and read from the Staff Report which states that the structure appears massive and that location was not convenient to shopping and recreational areas. Mr. Krilly asked that the project be rejected. Connie Greenland, resident at Casa Bella, senior citi- zens complex, 1840 Park Avenue, Costa Mesa, spoke in support of additional senior citizens housing stating that there were 2,000 people on the waiting lists for the two senior citizens complexes in the City. She also expressed her opinion that senior citizens do not cause traffic density. Sally M. Canning, 198 Buoy Street, Costa Mesa, stated she was opposed to the project because it would reduce the value of her property. She also stated that the Church property was a good park for the area residents. Cindy Makarewich, 258-B Costa Mesa Street, Costa Mesa, spoke in support of the project, commented that most elderly people on.fixed incomes cannot afford automo- biles and therefore would not significantly impact traffic density. She also stated her opinion that elderly residents do not ruin a neighborhood. Jerome Vandewalle, 2810 San Juan Lane, Costa Mesa, stated that he would welcome a senior citizens project in his neighborhood. He further stated that most of the residents of the proposed project would remain for a long period of time, and that the complex would probably enhance the neighborhood. Al Ogden, 2066 Orange Avenue, Costa Mesa, stated he was not -opposed to senior citizens but is concerned that if the project is approved, others in the area will want high density development. Charles Hamilton, 398 West Wilson Street, Costa Mesa, spoke in support of the project, stating that this type of development would produce less traffic and enhance the neighborhood. He further commented that the proposed structure is within the height limitation and that a senior citizens complex is .a better development than apartments where people tend to move frequently. Margaret Ashwell,. 196 East Bay Street, Costa Mesa, expressed her opposition to the project for the reasons that.the site'is not large enough to accommodate the many senior citizens who are in need of housing, and that the location is not sui-table for senior citizens because of heavy traffic and its distance from stores and recreational facilities. Gene J. Adams, 1547-B Santa Ana Avenue, Costa Mesa, member of St. John the Divine Church, suggested that Mr. Yoder find sponsors for the other sites he recom- mended and commented that the Church was sincere in helping the elderly. Barbara Toohey, 1149 E1 Camino Drive, Costa Mesa, also a member of the Church, stated they had no intention of devaluing the surrounding properties. She also reported that recreational facilities are being planned for the future residents of the complex. Mrs. Toohey also stated that upkeep of the property for park use was too costly. Bob Yoder again spoke and reiterated that he was advised by the HUD office that funds could be transferred from one site to another within the City, that the project was too dense for the neighborhood, and that the east side was in need of more parks. Jean Alexander, 2000 Parsons Street, Apartment No. 40, Costa Mesa, stated that time was of the essence, that the Church was ready -for groundbreaking, and that any transfer of funds.to another site would cause further delays. Robert Finnegan, 258 Sherwood Street, Costa Mesa, asked if he would be able to add a third story to his home for his mother-in-law. Rheinhold Klein again spoke in support of the project pointing out that the structure will be 30 feet. in height which is allowed in the R1 zone, and that it is too late•for transfer of funds to another site. There being no other speakers, Mayor Schafer closed the public hearing. Councilman McFarland expressed his satisfaction with the City's notification procedure, and with the report from the Development Services Director regarding the Church setback and open space requirement. Councilman McFarland further reported that Council and staff have spent a tremendous amount of time looking for property for senior citizen and family housing. MOTION A motion was made by Councilman McFarland, seconded by Previous Approval Vice Mayor Hall, to re -affirm the Council's action of Re -affirmed July 19, 1982, adopting Ordinance 79-32 and approving Zone Exception ZE-82-88. The motion carried 3-1, Councilman Johnson voting no. RECESS The Mayor declared a recess at 8:00 p.m., and the meet- ing reconvened at 8:15 p.m. NEW BUSINESS The Clerk presented the proposed disposition of three Wallace -Sterling sites in the Wallace -Sterling Neighborhood Strategy Neighborhood Area. Strategy Area The City Manager referred to a memorandum from the Assistant City Manager and the Redevelopment Director dated June 21, 1982, which contains a report on the alternatives for utilization of sites acquired by Housing and Community Development in the Wallace Neigh- borhood Strategy Area. The City Manager recommended that the Council designate a 1.66 -acre site bound by 20th Street, Wallace Avenue, Palace Avenue, and 19th Street as a senior citizens housing site, subject to the availability of HUD Section 202/8 funds, and explore alternative methods of financ- ing multi -family rental projects on the remaining two sites. Jean Forbath, 2880 Club House Road, Costa Mesa, Chair- woman of the City's Housing and Community Development (HCD) Committee, requested that action be withheld until after the Committee's September meeting so that they could discuss the alternatives and make a recom- mendation to the Council. • Beth Brown, 1973 Newport Boulevard, Costa Mesa, spoke in support of senior citizens housing. Jerome Vandewalle, 2810 San Juan Lane, Costa Mesa, member of the HCD Committee, supported Mrs. Forbath's request that Council take no action until this matter has been reviewed by the Committee. Diana Blaisure, 2083 Continental Avenue, Costa Mesa, also a member of the HCD Committee, supported the request of Mrs. Forbath and Mr. Vandewalle to continue this item until after the HCD Committee could explore thi-s matter further. MOTION After brief discussion, a motion was made by Councilman Held Over McFarland, seconded by Mayor Schafer, and carried 4-0, to continue this item to the meeting of September 20, 1982. MOTION `. Staff Directed On motion by Vice Mayor Hall, seconded by Councilman to Continue McFarland, and carried 4-0, staff was directed to con - Exploration tinue their exploration of the possibility of using the 1.66 -acre site for a senior citizens housing project. EP -82-06 The Clerk presented Encroachment Permit EP -82-06, Daniel Darrow/Hogland D. Darrow, authorized agent for Dennis Hogland, 1769 Newport Boulevard, Costa Mesa, to allow a canopy to overhang the public right-of-way at 119 East 18th Street, in a a C2 zone. Environmental Determination: Exempt. MOTION On motion by Vice Mayor Hall, seconded by Councilman Permit McFarland, and carried 4-0, the request was withdrawn Withdrawn since the canopy does not overhang the right-of-way. EP -82-05 The Clerk presented Encroachment Permit EP -82-05, Muriel Learned B. Learned, 901 Victoria Street, Costa Mesa, to allow a fence to be constructed in a public right-of-way at the above address. Environmental Determination: Exempt. The Development Services Director reported that the Planning Commission recommended approval subject to amended conditions contained in the Staff Report. Since that time staff has recommended an additional condition: "Applicant shall provide proof of insurance, including coverages and amounts acceptable to the City Attorney". Muriel Learned was present to answer questions from the Council and agreed to all'conditions including the.addi- tional condition recommended by staff. MOTION On motion by Vice Mayor Hall, seconded by Councilman Permit Approved Johnson, EP -82-05 was approved based on the findings and analysis contained in the Staff Report, subject to all conditions recommended by the Planning Commission as amended, and with the additional condition recommended by staff. The motion carried 4-0. EP -82-07 The Clerk presented Encroachment Permit EP -82-07, Robert Taylor/Molho Taylor, 2057 Placentia Avenue, Costa Mesa, authorized agent for Morris Molho, 448 East 17th Street, Costa Mesa, to allow encroachment into a storm drain easement in conjunction with the construction of a 700 -square - foot building at 448 East 17th Street. Environmental Determination: Exempt. The Development Services Director reported that the Planning Commission recommended approval subject to amended conditions contained in the Staff Report. Matt has also recommended an additional condition for this application: "Applicant shall provide proof of insurance, including coverages and amounts acceptable to the City Attorney". Robert Taylor was present and agreed to all conditions including the additional condition recommended by staff. MOTION On motion by Vice Mayor Hall, seconded by Councilman Permit Approved Johnson, EP -82-07 was approved based on the findings and analysis contained in the Staff Report, subject to all conditions recommended by the Planning Commission as amended, and with the additional condition recommended by staff. The.motion carried 4-0. ZE-82-34A/ The Clerk presented Zone Exception ZE-82-34A, Redevel- RA-82-03A opment Action RA -82-03A, Gerald R. Caldwell, for a Caldwell Conditional Use Permit to construct an addition to an existing single-family dwelling with nonconforming side setbacks, and for variances from front and side setbacks and garage dimensions, located at 1850 Fullerton Avenue, in an R2 zone. Environmental Determination: Exempt. The Planning Commission recommended denial of ZE-82-34A, based on the analysis and findings contained in the Staff Report. The Redevelopment Agency approved ZE-82-34A and RA -82-03A subject to all conditions, with the addition of Condition No. 15: "A minimum three-foot setback shall be provided on both the northerly and southerly setbacks". The Development Services Director reported that a survey submitted to the Planning Division indicates that the northerly and southerly setbacks are a minimum of three feet. He further stated that if Council approves the Zone Exception, new findings would be required. MOTION A motion was made by Vice Mayor Hall, seconded by Coun- ZE-82-34A cilman McFarland, and carried 4-0, approving ZE-82-34A Approved subject to all conditions contained in the Staff Report and based on the following findings: (1) There will not be any adverse impacts on the adjacent property because the proposed setback will meet Uniform Building Codes; and (2) It will possibly promote future lot combinations to increase the density within the area because the density cannot be increased on this particular piece of property with the present side setbacks, which will meet the goals of the Redevelopment Agency. ZE-82-115 The Clerk presented Zone Exception ZE-82-115, Chase J. McLaughlin/One McLaughlin, authorized agent for One Town Center Associ- Town Center ates, 3315 Fairview Road, Costa Mesa, for a variance from perimeter landscaping requirements in conjunction with proposed modifications to on-site traffic circula- tion, located at 695 Town Center Drive, in a TC zone. Environmental Determination: Environmental Impact Report accepted for Town Center. The Development Services Director reported that the Planning Commission recommended approval subject to conditions contained in the Staff Report, with Condi- tions No. 3 and No. 4 modified so that applicant may work with staff for compliance with the intent of these conditions. Chase McLaughlin was present to answer questions from the Council, spoke in support of the request, and agreed to all conditions. MOTION On motion by Vice Mayor Hall, seconded by Councilman ZE-82-115 Johnson, and carried 4-0, ZE-82-115 was approved based Approved on the analysis and findings and subject to conditions contained in the Staff Report, with Conditions 3 and 4 modified as recommended by the Planning Commission. ORAL COMMUNICATIONS Bob Yoder, 155 Buoy Street, Costa Mesa, expressed his opinion that City notification of hearings was not Notices of sufficient. He suggested that public notices be pub - Hearings lished in the Los Angeles Times, not only in the Daily Pilot. He also stated that notifying residents within 300 feet of a proposed project was inadequate and sug- gested.that the area of notification be expanded. Weed Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in Abatement regard to the Weed. Abatement Program, specifically Program the assessment of each parcel within the City. Mr. Soffer also expressed his opposition to the Notice of Public Hearing and the Report of Cost of Abating Weeds being posted on the bulletin,board in the Civic Center lobby instead of on or near the Council Chambers door. Cable TV Linda Walcher, 531 Oak Street, Laguna Beach, introduced herself to the Council, stating that she is a consultant with Colony Communications, Incorporated, and will be attending future Council meetings. City of Hope Darlene Maguire, 23435 South Cutty Way, Anaheim, representing the Orange County Chapter of the City of Hope, stated she had sent a letter to the Mayor and the Director of Leisure Services requesting a waiver or reduction of -the -fee for use of the City's Neighborhood Community Center for fundraising purposes. Mayor Schafer responded that a letter was being for- warded explaining that the Neighborhood Community Center,must be self-supporting and if fees were waived or reduced for one organization, the City would be obligated to extend the same reduction or waiver to other organizations. ADJOURNMENT At 9:05:p.m., the Mayor adjourned -.the meeting to September 7, 1982, at.4:0,0'p:m. tn`the fifth floor Conference Room, for the purpose of- holding a closed session to discuss. -personnel. matters. ayor o t e,City of Cost esa ATTEST:. City Clerk of `t -.e City of CostA Mesa 18