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HomeMy WebLinkAbout04/15/1985 - City Council1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 15, 1985 The City Council of the City of Costa Mesa, California, met in regular session April 15, 1985, 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 led by Major Richard G. Levering, 222nd Ombat Ccomunications Squadron, California Air National Guard, and Invocation by the loverend Charles D. Clark, First United Methodist Church. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Council Member Wheeler, seconded by Council April 1, 1985 Member Schafer, and carried 5-0, the minutes of the regular meeting of April 1, 1985, were approved as distributed and posted. ORDINANCES A motion was made by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. PROCLAMATIONS Mayor Hertzog read a proclamation declaring April 14 "National Library through 20, 1985, as "National Library Week" and Week" presented it to Gladys Lorenzo of the Costa Mesa Library. "California Air The Mayor read a proclamation declaring the week of National Guard April 21 through 27, 1985, as "California Air National Trek" Guard Week" and presented the document to Major Richard G. Levering, California Air National Guard. "Cancer Control Mayor Hertzog read a proclamation declaring the month of Month" April, 1985, as "Cancer Control Month". The proclamation was accepted by Bob Hanson on behalf of the American Cancer Society, Orange County Unit. ORAL COMMUNICATIONS Illegal Activities by Amphitheatre Patrons Petition to Add McClellan Property to Canyon Park Parking of Tall Vehicles Near Intersections John Feeney, 1155 Dorset Lane, Costa Mesa, reported that in the past two years since the Pacific Amphitheatre has been open, he and his wife, on several occasions, have been in the vicinity of Paularino Avenue and Fairview Load. There they observed patrons frcm the Amphitheatre drinking alcoholic beverages in their vehicles, using foul language, and indecently exposing themselves. He asked that the City stop these illegal activities. Paul Hacker, 1943 Whittier Avenue, Costa Mesa, submit- ted ubmitted a petition containing 91 signatures of westside residents, requesting that the City purchase the parcel of land north of Arbor Street and west of Whittier Avenue, the Ibllo McClellan property, and designate it as an extension of Canyon Park. Wilma Feeney, 1154 Dorset Lane, Costa Mesa, asked if the City intended to adopt an ordinance prohibiting parking of tall vehicles near street intersections. She stated 197 that the California Stag Legislature recently amended the Vehicle Code allowing cities to regulate parking of tall vehicles. Mrs. Feeney mentioned that on Paularino Avenue between Fairview load and Arthur Street, it is very difficult to see oncaning vehicles because of the tall vehicles parked near the intersection. The Public Services Director responded that staff has drafted an ordinance relating to this regulation, and that it will be discussed at the Council study session in May. CONSENT CALENDAR On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following loading Folder items were received and processed: Claims Claims received by the City Clerk: Roderick S. Cooney, Jr.; Attorney Timothy C. Kuzelka on behalf of Craig Courtney, et al; Bowdish and Hops Insurance on behalf of Gorge Haines; Irwin Manecke; and Autcanobile Club of Southern California on behalf of Beatrice L. Sinsel. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Alpha Beta Canpany, Store.No. 81, doing business at 2200 Harbor Boulevard; Salim Farid Aboudiab and Jamal Fouad Nassereddine, doing business as Plaza Verde Liquor and Deli, 1525 Mesa Verde Drive East, Suites 127, 128, and 129; and B. Nikki, Eugene C. Boero, and Hersh B. McMullen, doing business as Gino's restaur- ant, 428 East 17th Street. Public Notice from the Public Utilities Cmnission that Utilities Pacific Bell has filed amended Application 84-09065 Cmnission for removal of a penalty, and requesting an additional rate increase of $31.4 million for a total of $45.2 million. 1 SCAG Letter frcan Southern California Association of CoVern- ments (SCAG) addressing the potentially serious impacts of future growth in this region, and the need for implementation of careful and extensive mitigation measures to maintain the environmental quality of Southern California as growth occurs. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Friends of the Purpose has been received from Friends of the Costa Mesa Costa Mesa Libraries, 1855 Park Avenue, Costa Mesa, by holding a Libraries one -day book sale at South Coast Plaza on April 17, 1985. On motion by Council Member Schafer, seconded by MOTION Vice Mayor Hornbuckle, and carried 5-0, the permit was Remit Approved approved with application of Municipal Code Section 9-234J. Women's Active Notice of Intention to Appeal or Solicit for Charitable 20/30 Club Purpose has been received fran Warren's Active 20/30 Club of Orange County, 1314 Rost Fifth Street, Suite C, Santa MOTION Ana, by holding.a one -day barbeque lunch at the Halecrest Permit Approved Club, 3107 Killybrooke Avenue, on June 23, 1985, frau 11:00 a.m. to 4:30 p.m. On motion by Council Member 158 Transfer of HCIIA Staff has requested transfer of Housing and Community Contingency Funds Development Act (HCDA) contingency funds of $140,555.00 from the Community Development Block Grant Fund to the Housing Rehabilitation Fund; and also requested approval of Budget Adjustment No. 85-64 to implement that trans- fer. Housing rehabilitation has increased significantly MOrTION because of the marketing efforts by staff to publicize Transfer of Funds this .program. On motion by.Council Member Schafer, and Budget Adjust seconded by Vice Mayor Hornbuckle, the transfer of funds ment Approved and the Budget Adjustment were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Reimbursement to The Director of Public Services has recommended approval Scripps Ranch for of a partial reimbursement of $26,600.00 to Scripps Traffic Signal at Ranch Business Properties, 9666 Business Park Avenue, Red Hill Avenue Suite 208, San -Diego, for installation of the traffic and Kalmus Drive signal at Red Hill Avenue and Kalmus Drive. On motion by Council Member Schafer, seconded by Vice Mayor MOTION Hornbuckle, the partial reimbursement was approved by Reimbursement the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Schafer,, seconded by Vice Mayor Hornbuckle, and carried 5-0, the permit was approved with application of Costa Mesa Municipal Code Section 9-234J. SET FOR PUBLIC HEARING A motion was made by Council Member Schafer, seconded by Vice Mayor Hornbuckle, adopting Resolution 85-29, Abandonment North being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF of Flower Street COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF SURPLUS CITY RIGHT--OF-WAY LOCATED NORTH MOTION OF FLOWER STREET AND PERPENDICULAR TO ORANGE AVENUE, Resolution 85-29 setting the public hearing for May 6, 1985, at 6:30 p.m. Adopted/Hearing The motion carried by the following roll call vote: set AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Schafer, seconded by Vice Burgess Mayor Hornbucklei and carried 5-0, the claim from Louise E. Burgess was rejected. Linsky On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Todd Linsky was rejected. Ruiz On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Alfred and Lizabeth Ruiz was rejected. ADMINISTRATIVE ACTIONS Bids received for Bid Item 658, Instant Dry Traffic Line Paint, are on file in the Clerk's office. On Bid Item 658 motion by Council Member Schafer, seconded by Vice Traffic Line Paint Mayor Hornbuckle, the contract was awarded to Pervo Paint Oompany, 6624 Stanford Avenue, Los Angeles, for MOTION a total of $8,117.64. The motion carried by the fol - Awarded to lowing roll call vote: Pervo Paint AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Transfer of HCIIA Staff has requested transfer of Housing and Community Contingency Funds Development Act (HCDA) contingency funds of $140,555.00 from the Community Development Block Grant Fund to the Housing Rehabilitation Fund; and also requested approval of Budget Adjustment No. 85-64 to implement that trans- fer. Housing rehabilitation has increased significantly MOrTION because of the marketing efforts by staff to publicize Transfer of Funds this .program. On motion by.Council Member Schafer, and Budget Adjust seconded by Vice Mayor Hornbuckle, the transfer of funds ment Approved and the Budget Adjustment were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Reimbursement to The Director of Public Services has recommended approval Scripps Ranch for of a partial reimbursement of $26,600.00 to Scripps Traffic Signal at Ranch Business Properties, 9666 Business Park Avenue, Red Hill Avenue Suite 208, San -Diego, for installation of the traffic and Kalmus Drive signal at Red Hill Avenue and Kalmus Drive. On motion by Council Member Schafer, seconded by Vice Mayor MOTION Hornbuckle, the partial reimbursement was approved by Reimbursement the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of Upper The Upper F03 Reach 4 Storm Drain from Hanover Drive to F03 Reach 4 Storm • Marrimac Way has been completed to the satisfaction of Drain Hanover to the Director of Public Services by Matt J. Zaich and Merrimac Sons, Incorporated, 309 Wbst Broadway, Glendale. On motion by Council Member Schafer, seconded by Vice MOTION Mayor Hornbuckle, the work was accepted; the Clerk was Work Accepted authorized to f ilel, a Notice of Completion; authorization was given to release the retention funds 35 days after filing the Notice of Ccmpletion; the Performance Bond was ,ordered exonerated one year after filing the Notice of Completion; andi the Labor and Material Bond was ordered exonerated seven months after filing the Notice of.Campletion. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Ccnple tion of Block The Block Wall on'Fair Drive from Harbor Boulevard to Wall on Fair Drive Fairview Road has been campleted to the satisfaction of from Harbor to the Director of - Leisure Services by Chris R. Stephens, Fairview Incorporated,.18226 West McDurmott, Suite D, Irvine. On motion by.Council Member Schafer, seconded by Vice MOTION Mayor Hornbuckle, the work was accepted; the Clerk was DAbrk Accepted authorized to file a Notice of Completion; authorization was given to release the retention funds 35 days after filing the Notice of Completion; and the bonds ware ordered exonerated one year after filing the Notice of Completion. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall,. Wheeler .NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Surplus Property On motion by Council Member Schafer, seconded by Vice at 350 Hanover Mayor Hornbuckle, Resolution 85-30, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- MOTION FORNIA, DECLARING 350 HANOVER DRIVE, COSTA MESA, AS Resolution 85-30 SURPLUS PROPERTY, DECLARING ITS INTENTION TO DISPOSE OF Adopted Declaring SAID SURPLUS REAL PROPERTY, SETTING THIS DATE AS THE Intention to. TIME FOR HEARING PROTESTS TO SAID DISPOSITION, DESCRIB- Dispose of Surplus ING THE LAND TO BE -DISPOSED, SETTING FORTH IN GENERAL Property TERMS THE INTERESTP EASEMENTS OR RESERVATIONS TO BE RESERVED BY THE PUBLIC; SETTING THE TIME AND PLACE OF THE SALE; ESTABLISHING TERMS AND CONDITIONS OF THE SALE AND CALLING FOR SEALED BIDS IN WRITING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hartzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Acceptance of Offer On October 27, 1972, the Bank of America executed a to Dedicate Property continuous and,irrevocable Offer to Dedicate a portion for 19th Street of its property at 548 %bst 19th Street in conjunction Widening/Bank of with the 19th Street -widening. On motion by Council America Member Schafer, seconded by Vice Mayor Hornbuckle, Resolution 85-31; being A RESOLUTION OF THE CITY COUNCIL MOTION OF THE CITY OF COSTA MESA, CALIFORNIA, ACCEPTING A POR - Resolution 85-31 TION OF A CONTINUOUS OFFER TO DEDICATE CERTAIN REAL Adopted PROPERTY, was adopted by.the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wieeler NOES: COUNCIL.MEMBERS: None ABSENT: COUNCIL MEMBERS: None Safety Employees Fire and Police employees have requested that they be Retirement Plan provided the opportunity to purchase prior service in the Safety Rnployees Retirement Plan. Based on the MOTION Referred to Meet and Confer Team OLD BUSINESS Bid Item 655 Vase Police Vehicles assumption that. the City cost is 2.16 times cost, and that only.half;the number of year back since not all employees may be able to the cost to the City would be approximately lion. On motion by Council Member Schafer, Council Member Wheeler, and carried 5-0, the referred to the Meet and Confer 'Team. the employee s is bought participate, $5.5 mil - seconded by request was The Clerk presented from the meeting of April 1, 1985, Bid Item 655, -leased Police Vehicles. The City Manager referred to staff's memorandum dated April 10, 1985, which details the two bids received for this item. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Awarded to, Member Hall, the contract was awarded to Theodore Robins Theodore Robins leasing Company, 2096 Harbor Boulevard, Costa Mesa, at a MOTION cost of $707.00.per month including full maintenance. Warrant 1283 The motion carried by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Melanson Claim The Clerk presented from the meeting of April 1, 1985, CITY ATTORNEY a claim from David Melanson. On motion by Council MOTION Member Wheeler, seconded by Vice Mayor Hornbuckle, and Claim Rejected carried 5-0, the claim was.rejected. Community Service The Clerk presented froom the meeting of March 18, 1985, Programa Allocations allocation of Revenue Sharing and CommunityDevelopment Block Grant funds..for,the Community Service, Program. MOTION On motion by Council Member Wheeler, seconded by Council Committee Member Schafer, the recommendations received from the Recommendations O=nunity Service Committee were approved by the follow - Approved ing roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: -COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Towing Rates The Clerk presented from the meeting of February 4, 1985, an ordinance amending Title 9, Article 18, Section 9-284 of the Costa Mesa Municipal Code relating to the MOTION establishment and regulation of towing rates. On motion Ordinance 85-9 by Council Member Schafer., seconded by Council Member Given First Hall, Ordinance 85-9, being AN ORDINANCE OF THE CITY Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE PROCEDURE FOR SETTING RATE SCHEDULES FOR TOWING SERVICES, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, . Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VPjU ANTS On motion by Council Member Wheeler, seconded by Vice MOTION Mayor Hornbuckle, Warrant Resolution 1283, including Warrant 1283 Payroll 8507, was approved by the following roll call Approved vote: .AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY REPORTS The City Attorney referred to his confidential memoran- dixn dated April 11, 1985, in -which he recommended a Turner Lawsuit settlement of the Laurie Turner lawsuit. On motion by Council Member,Wheeler, seconded by Council Member 202:1 MOTION Schafer, the settlement was approved by the following Settlement roll call vote: Authorized AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, . Schafer, Hall, Wheeler -NOES: COUNCIL MEMBERS:: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing, continued from GP -85-1B the meeting of March 4, 1985, for General Plan Amendment Oliger/City GP -85-1B, Aubrey L. Oliger, 2121 Doctors Circle, Costa Council Mesa, and the Costa Mesa City Council, to change the land use designation at 2110 through 2144 Thurin Avenue fran Medium Density Residential to High Density residen- tial. Environmental Determination: Negative Declara- tion. A letter has been received frac Mr. Oliger withdrawing this application, as well as the following item, Rezone Petition R-85-02. MOTION Withdrawn On motion by Council Member Weeler, seconded by Council Member Schafer, and carried 5-0, General Plan Amendment GP -85-1B was withdrawn as requested. PUBLIC HEARING The Clerk announced the public hearing, continued fresh R-85-02/Oliger the meeting of March 4, 1985, Rezone Petition -R-85-02, Aubrey L. Oliger, 2121 Doctors Circle, Costa Mesa, for permission to rezone property.at 2110, 2120, and 2124 Thurin Avenue from R2 to R4. Environmental Determina- tion: Negative Declaration. MOTION i Withdrawn On motion by Council Member.Wbeeler, seconded by Council Member Schafer, and -carried 5-0, rezone Petition R-85-02 was withdrawn as requested by the applicant. PUBLIC HEARING The Clerk announced the public hearing, continued from Closure of the meeting of.Mareh 4, 1985, to consider the closure Albatross Drive of Albatross Drive. A telephone call was -received fran Lois Raffel, 2024 Swan Dive, requesting that Swan Drive be closed at Placentia Avenue. The Director of' Public Services referred to his letter dated April 10, 1985, and summarized the survey results attached thereto. Exhibit "B" indicates that out of 305 surveys mailed, 187 responses were received. Exhibit "D-1" gives the percentage of agreement/disagreement with each of seven alternatives offered. The Director then gave a slide presentation of the traffic on various streets in the Albatross Dive area. Ray House, 1938 Killdeer Circle, and Shirley Baxter, 2736 Albatross Dive, gave a slide presentation of the traffic conditions on_streets in the area of Albatross and Swan Dives.: Mr. House submitted a survey taken by the Mesa Verde Homeowners Association and the results indicatedthat the,majority of the residents favored the closure of Swan Dive at Placentia Avenue. The following residents spoke in support of closing Swan Dive at Placentia*enue: Julie Sturtevant, 2037 Swan Dive; Eugene,Burgess, 2718 Albatross Dive; Carolyn Lamb, 1931 Swan Dive; Dennis Murphy, 1940 Swan. Dive; Jayne. Askin, 2730. Albatross Dive; Mike Haas, 2731 Albatross. Dive; John Manley, 2040 Swan Dive; 203 Robert Secrest, 2090 Flamingo Drive; Linda French, 2083 Mandarin Drive; Jerry Flore, 2085 Goldeneye Place; Ivy R. Radisay, 1950 Killdeer Circle; Dennis Deck';"2027 Goldeneye Place; Richard Baxter, 2736 Albatross Drive; Caroline Walters, 2719 Albatross Drive; and Teena Hill, 2738 Gannet Drive. There being no other speakers, the Mayor closed the public hearing. MOTION Council Member Meeler made a motion directing staff Close Swan Drive to take traffic counts on Swan and Albatross Drives; at Placentia directing staff to consider placing a "Do Not Block Avenue Intersection" sign at Adams Avenue and Albatross Drive; and authorizing the closure of Swan Drive at Placentia Avenue. The motion was seconded by Vice Mayor Horn - .buckle. Further discussion ensued and thereafter Council Member Wmeler amended his motion by adding that the closure of Swan Drive shall be accanplished by staff with a device which will allow the ingress and egress of emergency vehicles; deleting the direction to staff to take traffic counts on Swan and Albatross Drives; and adding that the closure of Swan Drive shall be in accordance with the California Environmental Quality Act (CEQA) requirements. The amended motion was seconded by Vice Mayor Hornbuckle, and carried 5 -0. - MOTION A motion was made by Council Member Hall, seconded by Study Authorized Council Member Wheeler, and carried 5-0, directing the for Adams/Placentia Public Services staff to investigate future improvements Improvements for the Adams Avenue/Placentia Avenue intersection, with the possibility of adding an additional right turn lane on eastbound Adams Avenue. MOTION A motion was made by Council Member Hall, seconded by Study Authorized Council Member Wheeler,.and carried 5-0, directing staff for Adams/Albatross to investigate future improvements for the Adams Avenue/ Improvements Albatross Drive intersection, including signal timing. RECESS The Mayor declared a recess at 7:55 p.m., and the meet- ing eeting reconvened at 8:10 p.m. PUBLIC HEARING. The Clerk announced that this was the time and place EIR/GP-85-1A/ set for the public hearing to consider requests frau R-85-01 Merrill Butler, Incorporated, 1691 Kettering Street, Irvine, authorized agent for the State of California, 2501 Harbor Boulevard, Costa. Mesa, for approximately 54 acres of land located at the above address: Environmental Impact Report (EIR) ; General Plan Amend- ment GP -85-1A, to change the land use designation frau Public and Semi-public to High Density Residential; and Rezone Petition R-85-01, to change the zoning frau I and R (Institutional and Recreational) to PDR -HD (Planned Development Residential - High Density). The Affidavit of Publication is on file in the Clerk's office. No canmunications have been received. The Associate Planner summarized the Staff Report. The Study Area.is located at the northeasterly corner of the Fairview'State Hospital property. The site has been made available under Government Code Section 14670.35 for developaent of affordable housing. The intent of the legislation is to provide affordable housing primar- ily for employees of the hospital, many of when earn substantially less than the County median incase. The 0 legislation also provides that unfilled units can be offered to persons employed within the City whose income is less than 80 percent of the County median income, and, if vacancies -still exist, units can be made avail- able to other persons employed in Costa Mesa. Approval of these applications will facilitate develop- ment of a 406 -unit apartment project. A 144 -unit apart- ment partment project was previously approved under the I and R (Institutional -and creational) zoning as an accessory use to the hospital. The Planning Commission and Planning staff have recom- mended acceptance and certification of the EIR; adoption of a resolution approving.the General Plan Amendment, Option III (as requested by the applicant); and adoption of an ordinance approving the Pazone Petition. Dr. Francis Crinella, Fairview State Hospital Director, and Merrill Butler, authorized agent, were present to answer questions from the Council. Dr. Crinella stated that the project is designedto offer affordable busing for people on State salaries. He commented that the project would be advantageous to the City's economy. John Feeney, 1154 Dorset Lane, Costa Mesa, stated that even though he appreciates the fine work being done at the hospital, he did!not favor the proposed project. Sid Soffer, 900 Arbor Street, Costa Mesa, did not oppose the project; however, he suggested that Council require a Conditional Use A+mnit. There being no other speakers, the Mayor closed the public hearing. Council Member Hall expressed his appreciation to both Dr. Crinella and Merrill Butler for working closely with staff so that the project would meet the City's criteria. MOTION Council Member Hall made a motion to accept and certify EIR Accepted; the Environmental Impact Report; and to adopt Pe solution lLc,solution 85-32 85-32, being A RESOLUTION OF THE CITY COUNCIL OF THE Adopted CITY OF, -COSTA MESA,,CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -85-1A, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, approving Option III. The motion was seconded by Council Member Schafer, and thereafter further discussion -'was held. Council Member Aieeler stated that four days was not enough time to study such a large project. He expressed his opinion that the EIR is not acceptable because it does not adequately address traffic, flooding, noise, and air pollution. Council Member 4kheeler also favored medium density rather than the proposed high density designation. Mayor Hertzog called for a vote on the motion to accept the EIR and approve GP -85-1A. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Neeler ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Hall, seconded by Council Ordinance 85-10 Member Schafer, Ordinance 85-10, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading CHANGING THE ZONING OF A PARCEL OF LAND LYING WITHIN LOT 0"5 The Development Services Director showed slides of the site and reported that the Planning CaYnmission and Planning staff have recanmended adoption of the Nega- tive Declaration including the Revised Environmental Evaluation shown on the last page of the Staff Report. The Ccxrmission and staff have also recom ended approval of the re zone , with second reading of the ordinance delayed until certain documents have been recorded. The applicant was present to answer questions frau the Council, but there were no questions. There being no other speakers, the Mayor closed the public hearing. MOTION Negative On motion by Council Member Hall, seconded by Council Declaration Member Schafer, and carried 5-0, the Negative Declara- Adopted tion of Environmental Impact, including the Revised Environmental Evaluation, was adopted. MOTION A motion was made by Council Member Hall, seconded by Ordinance 85-11 Council Member Schafer, approving Rezone Petition Given First R-85-05 by giving first reading to Ordinance 85-11: Brading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 21, 22, 23, AND 24 -OF TRACT 279 FROM CL AND R2 TO R3, and delaying the second reading and adoption of the ordi- nance until the Reciprocal Access Agreement and Land Use Restriction are recorded, and building permits are issued. The motion.carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk"announced the public hearing to consider an Appeal of PA -85-38 appeal of the Planning Commission's denial of Planning Mason Action PA -85-38 (formerly Zone Exception ZE-84-124), from Helen Mason, 308 Flower Street, Costa Mesa, for variances frau side and rear setback requirements, to legalize a second floor addition to an accessory struc- ture, and connect the accessory structure to an existing guest unit and main unit at the above address in an R1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. A OF THE BANNING TRACT, IN THE RANCHO SANTIAGO DE SANTA ANA, FROM I'AND R TO PDR -HD, was given first reading and passed to second reading by the following roll call vote: -AYES: COUNCIL"MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL'MEMBERS: None MOTION Staff Directed A motion was made by Vice Mayor Hornbuckle, seconded by to Discuss Fees Council Member Hall, and carried 5-0, directing staff with the State to proceed immediately with discussion with the State regarding a fee as a substitute for property taxes. PUBLIC HEARING The Clerk announced that this was the time and place set R-85-05/Papineau for the public hearing for Ra zone Petition R-85-05, William Papineau, 1610 Placentia Avenue, Costa Mesa, for permission to rezone properties at 135 and 139 Rochester Street, and an adjacent lot west of 135 Rochester Street from R2 and CL to'R3. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No camnunications have been received. The Development Services Director showed slides of the site and reported that the Planning CaYnmission and Planning staff have recanmended adoption of the Nega- tive Declaration including the Revised Environmental Evaluation shown on the last page of the Staff Report. The Ccxrmission and staff have also recom ended approval of the re zone , with second reading of the ordinance delayed until certain documents have been recorded. The applicant was present to answer questions frau the Council, but there were no questions. There being no other speakers, the Mayor closed the public hearing. MOTION Negative On motion by Council Member Hall, seconded by Council Declaration Member Schafer, and carried 5-0, the Negative Declara- Adopted tion of Environmental Impact, including the Revised Environmental Evaluation, was adopted. MOTION A motion was made by Council Member Hall, seconded by Ordinance 85-11 Council Member Schafer, approving Rezone Petition Given First R-85-05 by giving first reading to Ordinance 85-11: Brading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 21, 22, 23, AND 24 -OF TRACT 279 FROM CL AND R2 TO R3, and delaying the second reading and adoption of the ordi- nance until the Reciprocal Access Agreement and Land Use Restriction are recorded, and building permits are issued. The motion.carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk"announced the public hearing to consider an Appeal of PA -85-38 appeal of the Planning Commission's denial of Planning Mason Action PA -85-38 (formerly Zone Exception ZE-84-124), from Helen Mason, 308 Flower Street, Costa Mesa, for variances frau side and rear setback requirements, to legalize a second floor addition to an accessory struc- ture, and connect the accessory structure to an existing guest unit and main unit at the above address in an R1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director showed slides of the subject property and,reviewed the background of the modifications made at the site. Details are on Pages 1 and 2 of the Staff Report. Staff has found that the second story addition makes the accessory structure more nonconforming by exceeding the 15 -foot height/one-story limitation. Connecting the accessory structure to the guest house greatly expands that nonconforming use and creates.inadequate;side and rear setbacks and too much rear yard coverage: Staff also contends that the evi- dence presented does not satisfy Costa Mesa Municipal Code Section 13-345 in that no site hardship or excep- tional circumstances exist to justify approval of the variances. The use. has proven incampatible with neigh- boring properties,,and as proposed, the development could easily be used for four living units which is incompatible with the zone and General Plan. Helen Mason was present and reported on the various modifications she has made.at the site. Mrs. Mason stated that she is'willing to work with staff in resolving this matter. In.responding to questions from Vice Mayor Hornbuckle, Mrs. Mason stated that the guest house is beim rented and that her son will be living in the unit over the garage. The unit over the garage does not have kitchen facilities. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the variances requested by Mrs. Mason. There being no other speakers, the Mayor closed the public hearing. MOTION Council Member Hall made a'motion to approve Planning PA -85-38 Action PA -85-38 with the following modifications to Approved the conditions: Conditions 1, 8, and 9 deleted. Modify Condition;3 to read - The utility shed at the rear of the existing garage shall be removed from the premises. The utility shed at the rear of the exist- ing xisting guest house is exempt from the code under Section 301-B,5, Uniform Building _Code (UBC) and can remain as constructed. The trellis over the driveway is in conformance with'the 1964 UbC and may remain as is. Investigation indicates that the trellis was con- structed as part of Permit No. 21600 (addition to living roam); however, the six-foot by six-foot . plywood blind from the wall to the trellis shall be removed as it is in the three-foot side yard and is not one-hour construction as required by code. Modify Condition:5 to read - All illegal construction shall be brought into conformance with 1979 Uniform Building Code, 1978 National Electrical Code, 1979 Uniform Plumbing Code, and'1976 Uniform Mechanical Code. Conditions 2, 4, 6, and 7 remain as shown in the Staff Ieport. Add a condition that no kitchen facilities shall be installed in the Jiving area over the garage. The motion was seconded by Vice Mayor Hornbuckle, and carried 3-2, Council,Members,Hertzog and Schafer voting no. Mayor Hertzog suggested that Mrs. Mason contact the Planning staff so that they can explain what is required. PUBLIC HEARING The Clerk presented the public hearing to consider an Appeal of PA -85-18 appeal of a Planning Catmission Condition of Approval Power for Planning Action PA -85-18 frau William J. Power, 2300 Newport Boulevard, Costa Mesa, for a Conditional Use Permit to allow outdoor storage and sale of automobiles and horse trailers at the above address in a C2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office: No cammunica- tions have been received. The Development Services Director gave a slide presenta- tion of the subject site and reported that Mr. Power is appealing Condition No.3 as modified by the Planning Cmnission: Applicant shall pave and stripe seven spaces in the lot, and -pave the ingress and egress to the spaces within 30 days of Planning Commission action, under the direction of the Planning staff. The appel- lant is appealing this condition because he does not wish to pave the lot, stating that the lot is already paved and that the condition has little to do with the Conditional Use Permit. The Director also mentioned that auto sales is a new use on the site. Staff's memorandum of April 9, 1985, states that the requirement to pave the lot is related to the auto sales use because traffic to the site would be increased. Also, although the lot may be paved, it is covered with gravel, making it difficult to determine the condition of -the paving. Mr. Prower was present and reported that there are only 10 vehicles for sale on the site, and that he has been selling cars for -12 years. Mr. Power cammented that paving would cost approximately $13,000.00. In response to questions fran the Council, Mr. Prower stated that -the pavement under the gravel did have some low.spots. He suggested that it would be better to stripe the area in front of the store instead of the gravel area. He also informed the Council that it is his intention to construct:.a new building eventually. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in opposition to Condition No. 3. There being no other speakers, the Mayor closed the public, hearing. MOTION A motion was made by Council Member Hall, seconded by PA -85-18 Approved Mayor Hertzog, to approve Planning Action PA -85-18 with Condition with Condition No. 3 deleted. Further discussion No. 3 Modified followed, and Council Member Wheeler stated that he is not concerned with striping the_lot; however, he did suggest removal of the gravel. = Thereafter, Council Member Hall amended his.motion by modifying Condition No. 3 requiring the appellant to:take. all reasonable steps to remove the gravel. The amended motion was seconded by Mayor Hertzog, and carried 5-0. PUBLIC HEARING The Clerk announced that this was ttime and place Vied Abatement set for the public hearing concernlo ing the weed abatement Program program. 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 Council Member Schafer, seconded by Council Resolution 85-33 Member Wheeler, Resolution 85-33, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 0 V:Y May of the City of s Mesa ATTEST: CiCyrClerk of the.City of Costa Me 1� INSTRUCTING AND AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE OF THE CITY OF COSTA MESA TO PROCEED WITH THE REMOVAL OF WEEDS AND RUBBISH, was adopted by the following roll call vote:. AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS Removal of Vehicles The Clerk presented an ordinance regulating removal of from Private vehicles frcan private property. Property . On motion.by Council Member Hall, seconded by Council MOTION Member Schafer, Ordinance 85-12, being AN ORDINANCE OF Ordinace 85-12 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Given First RELATING TO REMOVAL OF VEHICLES PARKED ON PRIVATE PROP - Reading ERTY, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCILMANIC COMMENTS Council Member Wheeler expressed his thanks to the Traffic Commission for their input concerning the Albatross/Swan Drive matter; and he thanked the staff and Planning Ccamission for their reccam-nendations. Council Member Hall thanked Mr. and Mrs. Feeney and Mr. Soffer for attending the Council meetings. Street Medians Vice Mayor Hornbuckle asked if the City had a policy regarding marking of street medians so that they can be seen by motorists. She reported that on Harbor Boule- vard at the Adorns Avenue intersections, it is difficult to see the median when turning fron Adams Avenue south onto Harbor Boulevard. The Director of Public Services responded that he would investigate the matter. ADJOURNMENT At 10:15 p.m., the Mayor adjourned the meeting to 6:30 p.m., on April 16, 1985, in the fifth floor Confer- ence lmem of City Hall, to interview applicants for the Traffic Commission. May of the City of s Mesa ATTEST: CiCyrClerk of the.City of Costa Me 1�