Loading...
HomeMy WebLinkAbout10/01/1985 - Adjourned City Council Meeting368 ROLL CALL Lease for Police Sub -station ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 1, 1985 The City Council of the City of Costa Mesa, California, met in adjourned regular session on October 1, 1985, at 7:00 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was duly and regularly ordered adjourned from the adjourned regular meeting of September 20, 1985, and a copy of the Notice of Adjourn- ment was posted as required by law. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag. COUNCIL MEMBERS PRESENT: Hertzog, Hornbuckle, Schafer, Hall, Wheeler COUNCIL MEMBERS ABSENT: None OFFICIALS PRESENT: Assistant City Manager, City Attorney, Development Services Director, Building Safety Director, Senior Planner, and City Clerk The Clerk presented an agreement with Lawrence and Dennis Miles, 1884 Placentia Avenue, Costa Mesa, for leasing of property at 1878 Placentia Avenue for use as a police sub -station. The Assistant City Manager referred to his memorandum of September 20, 1985, and reviewed the terms of the agreement. The agreement is for a period of five years, November 1, 1985, to October 31, 1990, with an option for a five-year extension. The cost to lease the property is $10,800.00 per year at $900.00 per month. MOTION On motion by Council Member Wheeler, seconded by Council Agreement Member Hall, the agreement was approved and the Mayor Approved and Clerk were authorized to sign on behalf of the City. 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 The next item was taken out of order because of the lengthy discussion anticipated for Agenda Item 2, Building Moratorium north of the San Diego Freeway. ZE-84-187 The Clerk presented a request frcan the Development Arnel Services Department for clarification of certain condi- tions 'imposed by Council for Zone Exception ZE-84-187, Arnel Development Company, 505 NortYi_-Tustin Avenue, Santa Ana, for two two-story office buildings located north of South Coast Drive and east of Pansy Lane. The Development Services Director summarized staff's memorandum of September 25, 1985, stating that one of the conditions added by Council required the developer to "work with the residents of the Greenbrook area, located on Azalea Drive adjacent to Sunflower Avenue, and with residents on Dahlia Avenue whose properties are located next to the garden office project, to mitigate the noise impact of additional traffic by raising the walls to a height agreeable to the homeowners". LJ 369 The developer contacted property owners along Azalea Drive and has held meetings to discuss the wall issue. Because of confusion regarding one of the original conditions in the Staff Report which required a six- foot block wall between the office project and the hones along Dahlia Avenue, contact with these homeowners has not yet been made. It became apparent that the existing Sunflower Avenue block wall could not be raised without additional rein- forcement and engineering. Because of the amount of work required to strengthen the wall, the developer and the homeowners have discussed other means to reduce the traffic noise impacts. The developer surveyed the 23 homeowners along Azalea Drive that are affected by the condition. Fourteen have responded (a 60 percent response rate). Eleven respond- ents prefer Alternative IV, double -paned laminated on all windows facing Sunflower Avenue; three respondents supported Alternative II, adding two feet to the exist- ing wall with an additional qualification that the required reinforcing columns be placed on the Sunflower side of the wall. One homeowner supported the double - pane laminated window solution and also requested that the entire house be air conditioned since this alterna- tive is only effective if the windows are closed. In view of the complications with raising the existing wall and the preference of a majority of the homeowners to install double -paned windows, staff has requested clarification from the Council as to whether or not alternative noise reduction solutions will be considered as meeting the intent of the added condition. Harry Rinker, representing Arnel Development Company, reported that Arnel is prepared to install the double - paned laminated windows as soon as Council approves that solution and a subcontractor can be employed. MOTION A motion was made by Council Member Hall, seconded by Directed Arnel to Council Member Schafer, modifying the condition regard - Install Laminated ing the wall along Azalea Drive to state that rather Double -paned than raising the present wall, laminated double -paned windows windows shall be installed on both lower and upper levels of the homes facing Sunflower Avenue, including the "L" shaped windows. Council Member Wheeler made an amended motion adding that the developer shall also air condition those homes which are not presently air conditioned. The motion died for lack of a second. The original motion carried 4-1, Council Member hheeler voting no. Richard Vaverka, 920 Dahlia Avenue, Costa Mesa, asked that in the future plans for homes on Dahlia Avenue, all impacted homes be considered. He was of the opinion that a wall higher than six feet as well as landscaping would be needed to abate the traffic noise. Mr. Vaverka requested that Council delay any decisions for Dahlia Avenue until after the homeowners have given their input. Vice Mayor Hornbuckle commented that the Council Council did not intend to take action tonight on the noise abatement for the south side of Dahlia Avenue. In answer to questions from the Council, the Development Services Director reported that second story windows of homes on the south side of Dahlia Avenue will be double - paned, and this item will not come back to Council unless a resolution cannot be found during meetings with the homeowners. Richard Vaverka stated that he lives on the north side of Dahlia Avenue and asked if he would be notified of the meetings between the developer and the homeowners. The Development Services Director mentioned that staff and the developer were directed to work with the home- owners on the south side of Dahlia Avenue, and if the north side residents are to be included, Council should amend the condition to reflect that change. Harry Rinker expressed his intention to work with resi- dents on the south side of Dahlia Avenue as directed by the Council. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that it would do no harm to notify Mr. Vaverka of the meet- ings. Council Member Hall responded that if Mr. Vaverka would leave his phone number, he would notify him when the meetings are scheduled. MOTION Council Member Wheeler made a motion, seconded by Vice Developer Directed Mayor Hornbuckle, and carried 5-0, clarifying the exist - to Notify the City ing condition to require the developer, in order to of Meeting Dates comply with the part of the condition that requires him Concerning the to meet with the affected residents, to notify the City South Side of of the meeting dates with residents on the south side of Dahlia Avenue Dahlia Avenue, so that the City staff can then notify the residents on the north side of Dahlia Avenue as expeditiously as possible in order that they too can attend and participate in the meeting concerning the south side of Dahlia Avenue. Building Permit The Clerk presented from the meeting of September 20, Moratorium 1985, an item concerning the building permit moratorium for properties north of the San Diego (405) Freeway. The moratorium was established on September 16, 1985, because of damage to properties in the northern portion of the -City. At that time, the Council also authorized the City Manager to hire a geological consultant to investigate the possible causes for the damage. At the meeting of September 20, 1985, the Council amended the boundaries of the moratorium to include only those properties north of,the freeway and east of Harbor Boulevard. The Senior Planner reviewed his memorandum of September 27, 1985, which provides a background on the status of the investigation into the cracking observed in homes in northern portions of the City. The geotechnical firm of Leighton and Associates, Incorporated, 1151 Duryea Avenue, Irvine, was retained by the City on September 18. The consultant and staff visited several homes where damage had been reported. Soil samples, survey measurements, and other tests were performed. In researching City records, staff located one file con- cerning 1079 Redding Avenue which indicates that similar problems existed in 1973 and 1976. The North Costa Mesa Homeowners Association mailed questionnaires to residents in the area to determine the number and locations of properties experiencing cracking. Staff also provided a map indicating the boundaries of the building permit moratorium, locations of the Arnel and South Coast Plaza II construction sites and locations of properties for which damage reports have been received by the City. 371 The Senior Planner concluded his presentation by stating that most of the damages have occurred in the older tracts, and only one or two properties have suffered damages in the newer tracts. Iraj Poormand, Leighton and Associates, geotechnical consultant for the City, reported that his investiga- tion is far from complete. To this date, he has reviewed City and County documents, and results of the homeowners association questionnaires. Mr. Poormand described the soils found in the areas he has inspected, indicating that the soil is very expansive and pointing out that sandy soils lose water easily and clay soils do not. Mr. Poormand reported that he has visually sur- veyed streets, sidewalks, driveways, and curbs and gutters, and it appears that there is less distress in the newer tracts. His opinion was that if the damage has been caused by withdrawal of ground water, it is not the sole cause of the damage. Mr. Poormand detailed the type of work which will be required in order to investigate all possible causes for the damage. He felt that the moratorium need not con- tinue if each developer were notified of the investiga- tion now in progress, and that those developers should evaluate their sites to determine.if there may be an impact on the surrounding areas. While responding to questions from the Council, Mr. Poormand indicated that his initial report will be completed in seven to eight weeks and the cost will be approximately $20,000.00 to $25,000.00. He expressed his opinion that removal of ground water does not necessarily result in reduction of the water level. Dan Gott, 953 Dahlia Avenue, was of the opinion that the damage in North Costa Mesa is correlated with the deep excavation being done at the Segerstrom construction site. He mentioned that the residents in the area had opposed the development at the outset. Gregg Butcher, representing South Coast Plaza II, stated that he is also concerned over the damage occurring in the northern section of the City but he did not believe it was caused by the plaza construction. Perry Maljian, Vice President of LeRoy Crandall and Associaties, Consulting Geotechnical Engineers, 711 North Alvarado Street, Los Angeles, consultant for South Coast Plaza II, reported on the results of his vibration survey. The survey was done after the moratorium was established to determine whether or not the pile driving at the construction site could be impacting the damaged homes. The report, a copy of which was presented to each Council Member, indicates that the pile driving activity did not adversely affect the area. RECESS Mayor Hertzog declared a recess at 8:55 p.m., and the meeting reconvened at 9:10 p.m. Mr. Maljian continued his presentation and addressed the subject of ground water. He stated that the effect of drawing water increases the weight of the soil, and that the largest settlement will occur when the water is withdrawn for the first time. Mr. Maljian further commented that results of water withdrawal depends upon whether it is being done during dry or wet years and how much water is being withdrawn by the water district. It was his opinion that withdrawing ground water will not cause the erratic settlement which is occurring at the North Costa Mesa properties. 372 Mr. Maljian reported that he had taken measurements of the amount of water being pumped from the Plaza II site, and it measured 100,gallons per minute. He stated that he would be interested in knowing how much water was being pumped by the water district. Mr. Maljian gave his opinion that the expansive soil is creating the property damage, not the dewatering. Richard Vaverka, 920 Dahlia Avenue, asserted that the constant withdrawal'of water at the Plaza II site has been the cause of the property damage. Iraj Poormand, the City's consultant, responding to questions from the Council, stated that until he has completed his tests he cannot determine the cause of the damages. Howard.Matloff, 924,Azalea Drive, reported that his backyard is next to the Plaza II site and that in the past two months, much damage has occurred on his property. Ory Amburgey, 945 Coronado Drive, Mesa del Mar Tract, informed the Council that he has lived in his home since 1966, the floors in the house have raised several inches in the past, and the doors must be adjusted every few months. James Groos, 1071 Redding Avenue, spoke regarding the major.damage which has occurred at his home in the past six weeks. Ralph Bartholomew, 920 Jasmine Circle, related that the pile driving at the'Plaza II site causes his home to shake, and cracks in the walls, ceilings, and pool deck- ing have appeared in the past two weeks. Lou Bisson, 774 Allegheny Avenue, reported that cracks in the walls of his hone appeared during the 1983 flood and at this time, the chimney is leaning two inches. Stephen Eakin, 1054 Visalia Drive, advised the Council that his home is across from the Arnel project and that in the past six to eight weeks his house foundation has separated from some'of the walls. Mark Wright, 775 Hudson Avenue, commented that the Council must consider the people they represent and must protect the quality of life of the citizens. Jon Paradis, President of the North Costa Mesa Home- owners Association,'1140 Salinas Avenue, stated that the Council's objectives should be to protect Costa Mesa citizens and their properties, and to find a solution to the problem. Dan Gott, 953 Dahlia Avenue, mentioned that Council approved a land use change in 1984 over the overwhelm- ing opposition of the citizens. He suggested that Council stop all construction until they have determined what is causing the devastation. Dave Leighton, 3105,Loren Lane, owner of property at 1074 Redding Avenue, commended Senior Planner Perry Valantine for his work with the homeowners. Mr. Leigh- ton reported that he has submitted a videotape to Mr. Valantine which contains views of 16 or 17 damaged homes. He offered to videotape additional homes if so requested by the Council. J 373 Stephen Eakin spoke again and disagreed with a statement in staff's memorandum of September 27, 1985, which indicates that no ground water has been encountered at the Arnel site since excavations began in September, 1985. Mr. Eakin asserted that he observed water being drained from the site. Harry Rinker, Post Office Box 7250, Newport Beach, representing Arnel Development Company, expressed his and George Argyros's concern with the problems that exist. Mr. Rinker reported that he visited several damaged homes which contained both old and new cracks. He mentioned that because Arnel representatives were aware of the expansive soil, the adobe soil was removed and replaced with sand. Mr. Rinker stated that the Arnel construction is the same as any other single- family tract, and that excavations have been only three feet except for the storm drain excavation. That storm drain is a City requirement. John Sparks, 936 Jasmine Circle, reported that he is in the construction business and it was his opinion that soil expands or contracts when water is withdrawn. He stated that it was the Council's duty to investigate the matter and to change City policy for projects such as Plaza II. Leonard Hampel, law firm of Rutan and Tucker, 611 Anton Boulevard, Costa Mesa, attorney for Arnel Development Company, requested copies of the videotapes and expressed concern over the fact that his client was not notified of the building permit moratorium. Mr. Hampel commented that the burden of proving an urgency rests with the City, and that the City must make a declaration of facts that an urgency exists. RECESS The Mayor declared a recess at 11:15 p.m., and the meet- ing reconvened at 11:30 p.m. Mr. Hampel continued his presentation and pointed out that no facts have been presented connecting his client with the damages which have occurred. He commended the City for employing an expert to investigate the problem. Mr. Hampel described the construction being done at the Arnel site and stated that no evidence of water has been found, nor has any evidence been produced indicating that the Arnel construction is causing the damages. He urged the Council to allow the moratorium to expire. Council Member Wheeler responded to Mr. Hampel by stat- ing that Arnel was not entitled to be noticed of the moratorium, that damage is occurring near the Arnel construction site, and that a citizen observed water being pumped from that property. Council Member Wheeler also commented that Arnel has not been damaged by the moratorium. Leonard Hampel reiterated that no water has been found on the Arnel site while excavating; however, he was informed that water was being pumped from a fire hydrant. He mentioned that Arnel has made no allega- tion of damages to this point in time but substantial damages may be incurred if the moratorium continues. Council Member Wheeler responded that there may be a substantial loss to residents. Dave Leighton reported that he had phoned Mr. Argyros of Arnel Development Company on September 16, 1985, and advised him that the homeowners would be attending the 374 Council meeting that evening to report on the damaged homes., Mr. Argyros responded that Mr. Leighton indi- cated to him that the Arnel project probably was not involved. Robert Break, law firm of Latham and Watkins, 660 Newport Center Drive, Newport Beach, representing the Segerstram interests, stated that they are anxious to have the City's expert come to a conclusion and offered to contribute the same amount of money as the City for completion of the study. Mr. Break expressed confidence in the Segerstrom experts and suggested that all con- sultants share their information. Council Member Wheeler did not agree that the experts should share their findings. Council Member Hall commented that it is imperative that the City find the cause of the damage, who is responsi- ble, and furnish a solution. He expressed appreciation to Mr. Break for offering to share the City's cost of the study; however, so that no one will consider the report tainted, he recommended that all consultants act independently. Council Member Hall made a motion, seconded by Council Member Wheeler, authorizing a sole source contract with Leighton and Associates for $25,000.00, so that testing can proceed to determine the cause of the damages. During discussion, Mr. Poonmand stated that any facts he can.obtain from the developers' consultants would be helpful and would expedite the final report. The Assistant City Manager noted that if Mr. Poonmand were to have a street survey done, $25,000.00 would not be an adequate amount to cover that cost. In view of this information, Council Member Hall withdrew his previous motion. MOTION A motion was made by Council Member Hall, seconded by City Manager Council Member Wheeler, authorizing the City Manager Authorized to to negotiate a sole source contract with Leighton and Negotiate Associates, and with any other engineering firms needed Contracts to complete the study, for a total amount not to exceed $35,000.00. 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 Council Member Wheeler made a motion to adopt an urgency ordinance for the area bordered by South Coast Drive, Bear Street, Sunflower Avenue, and Fairview Road, directing that any contractor who engages in excavation and encounters ground water shall immediately notify the City to determine whether removal of the water may be a danger to the residents of the area. He pointed out that this is not a moratorium and allows construction to proceed; it merely protects the residents in case further excavation uncovers ground water. The motion was seconded by Vice Mayor Hornbuckle. After clarifying his motion for Council Member Hall, Council Member Wheeler amended the motion to state that upon notification to the Development Services Depart- ment, staff shall notify the Council as soon as possible so if, in fact, Council determines there is a need for a special meeting to react to the problem, then the Council can call such a meeting. 375 Mayor Hertzog asked.Mr. Aoormand if stopping the with- drawal of`water would interfere with his testing. He responded that it may or may not adversely impact sur- rounding areas and only rarely is water discovered without being anticipated. Council Member Wheeler stated he is attempting to prevent developers frau pumping out massive amounts of water. Council Member Hall commented that he is not opposed to being notified by staff. In response to questions from Council Member Hall, the Development Services Director reported that during the plan -check process, staff can determine whether dewater- ing is involved. The Building Safety Director stated that staff would have information on dewatering at the time the soils test investigation is submitted to the City, which occurs prior to construction. Council Member Hall asked the.City Attorney if an urgency ordinance is necessary. The City Attorney offered another alternative: Council could simply direct the building safety staff to conduct the neces- sary inspections for any projects where excavations are planned or underway. Council Member Hall commented that he would feel more comfortable with the City Attorney's alternative. Council Member Wheeler amended his motion by adding that the urgency is that, based on the evidence pre- sented tonight, there is a reasonable possibility that the extraction of ground water may be causing a collapse of homes in the area resulting from excavations, and that there is a grave threat to life, limb, and property which justifies adopting a very narrow and limited ordi- nance that requires only a notice to the City. Gregg Butcher, representative for South Coast Plaza II, responded to questions from the Council stating that major excavation is completed at the plaza site; how- ever, piling for the parking structure has not been completed. After Council Member Wheeler repeated his motion for an urgency ordinance, the Mayor called for a vote. The motion failed to carry, Council Members Hertzog, Schafer, and Hall voting no. ADJOURNMENT At 12:45 a.m., the Mayor adjourned the meeting to a closed personnel session on Wednesday, October 2, 1985, at 5:30 p.m., at the Riviera Restaurant, 3333 Bristol Street, Costa Mesa. IV Ma r of the City o = a Mesa ATTEST: _ eZ&.4J C ty Clerk of the City of Costa M ,�