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HomeMy WebLinkAbout03/17/1980 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 17, 1980 The City Council of the City of Costa Mesa met in regular session on March 17, 1980, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Don Brendtro, Prince of Peace Lutheran Church. Former Mayor Mayor McFarland annnounced that former Mayor Alvin Introduced Pinkley, and his wife, Lucy, were in the audience. Roll Call Council Members Present: McFarland, Schafer, Raciti, Hertzog, Hall Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, Assistant Planning Director, City Clerk Minutes On motion by Councilwoman Hertzog, seconded by Vice March 3.and• Mayor Schafer, and carried, the minutes of the regular March 12, 1980 meeting of March 3, 1980, and the adjourned regular meeting of March 12, 1980, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilwoman Hertzog, seconded by Mayor McFarland, and carried, to read all ordinances by title only. Presentation - The Mayor introduced Norma Partlow from the office of Norma Partlow - Assemblyman Dennis Mangers' office, and thanked her for her outstanding work in assisting the City in the purchase of the Costa Mesa Golf Course from the State. Mayor McFarland presented a crystal vase to Ms. Partlow on behalf of the City, in appreciation of her efforts on this project. Ms. Partlow expressed her thanks, and stated that Assemblyman Mangers was very instru- mental in obtaining State approval for the sale of the property to the City. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 3, a request from Interna- tional Speedway to hold motorcycle races at the Fair- grounds; Item 4, request for a dance permit from Round Up Corporation; and Item 11 (b), award of contract for the Baker Street and Paularino Avenue crossings at the Santa Ana -Delhi Channel. On motion by Councilman Hall, Hertzog, the remaining Consent approved in one motion by the AYES: Council Members: NOES: Council Members: ABSENT: Council Members: seconded by Councilwoman Calendar items were following roll call vote: McFarland, Schafer, Raciti, Hertzog, Hall None None Records Authorization was given to destroy certain records in Destruction the City',s Finance Department, City Attorney',s Office, and City Clerk',s Office. 1 1 1 U 1 fl On motion by Councilman Hall, seconded by Coun- Resolution 80-30 cilwoman Hertzog; Resolution 80-30; being A Finance Department RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None On motion by Councilman Hall, seconded by Coun- Resolution 80-31 cilwoman.Hertzog, Resolution 80-31, being A City Attorney's RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Office COSTA MESA, AUTHORIZING RECORDS DESTRUCTION FOR THE CITY ATTORNEY'S OFFICE OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted'by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None On motion by Councilman Hall, seconded by Coun- Resolution 80-32 cilwoman Hertzog, Resolution 80-32, being A City Cler.k'.s RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Office COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK'S OFFICE OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Reading Folder The following Reading Folder items were received and processed: Claim The following claim wasreceived by the City Clerk and no action was - required: Attorney Thierry P. Colaw on behalf of Mabel Stone Route 55 Resolution from the California Transportation Right -of -Way Commission relinquishing right-of-way along the Newport Frontage Road, Route 55, between Indus- trial Way and 16th Street, State Road 07 -Ora -55. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi - Licenses sion from: Sundial Development Corporation, doing business at 1760 Monrovia Avenue; and Equis, I Griega, Zeta Corporation, doing business End of as Grandma's House No. 1, 1400 Southeast Bristol Reading Folder Street. Business Permit Notice of Intention to Appeal or Solicit for Charitable Purpose from National Multiple Sclerosis Society, Orange Multiple County Chapter, 7571 Westminster Avenue, Westminster, Sclerosis by door-to-door solicitation from April 15 through June Society 15, 1980, was approved with application of Section 9-234J of the Costa Mesa Municipal Code. Set for Public The following items were set for public hearing on Hearing April 7, 1980, at 6:30 p.m., in the Council Chambers of City Hall: Storage Proposed ordinance amending Title 13 of the Costa Warehouses Mesa Municipal Code to regulate the development and use of storage warehouse facilities. Guideline for Consideration of a General'Plan Implementation New Fire Station Guideline regarding the need for, and location of a fire station within the area designated as GP -78-3A General Plan Amendment GP -78-3A, Royale Develop- Sakioka Farms ment Company, Incorporated, authorized agent for Sakioka Farms, Incorporated, 14850 Sunflower Ave- nue, Santa Ana, for property located south of Sunflower Avenue, west of Main Street, north of the San Diego Freeway, and approximately 1,300 feet east of Bristol Street. Refund A request was presented for`refund'of a $10,000.00 deposit from Church of Christ, 287 West Wilson Street, Church of Christ Costa Mesa, since work has been completed at that address. On motion by Councilman'Hall, seconded by Councilwoman Hertzog, the refund was approved by the. following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Claims - Denied On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the claim of Steven Hendlin was Hendlin denied. Goglanian On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the claim of Alex Goglanian was denied. Jimenez On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the claim of Juan Gerardo Jimenez was denied. Fox On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the claim of Ken and Shawn Fox was denied. Smiley On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the claim of Roseann Smiley was denied. Johanson On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the claim of Harry Johanson was denied. Douglass On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the claim of John D. Douglass was denied. Property and On motion by Councilman Hall, seconded by Councilwoman Evidence Hertzog, Resolution 80-33, being A RESOLUTION OF THE Technician CITY COUNCIL OF THE CITY OF COSTA MESA, CREATING A NEW JOB CLASSIFICATION AND ESTABLISHING THE RATE OF PAY FOR Resolution 80-33 THE POSITION TO BE PLACED UNDER THE BASIC SALARY RESOLU- TION, creating the position'of Property and Evidence Technician, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 446 Bids received for Bid Item 446, Pickup Brooms for Street Pickup Brooms Sweepers, are on file in the Clerk's office. On motion by Councilman Hall, seconded by Councilwoman Hertzog, Awarded to the bid was awarded to Kennedy Van Brush Manufacturing, Kennedy Van Incorporated, 13899 West 101st Street, Lenexa, Kansas, Brush in the amount of $5,366.55, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None 1 Collection of A request from the Director of Public Services was Fees by the City presented to repeal the authorization granted by the for the Sanitary Council on July 16, 1979, for the Director of Finance to District establish a special trust fund, consisting of fees col- lected from developers on behalf of the Costa Mesa Trust Fund Sanitary District. Since the Sanitary District has now Discontinued adopted Ordinance No. 14, effective March 5, 19803, authorizing the collection of its own fees, the need for the trust fund no longer exists. On motion by Council- man Hall, seconded by Councilwoman Hertzog, the Council repealed previous authorization for the above mentioned trust fund as requested, by the following roll call vote: :- AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Improvements for The Director of -Public Services has recommended that Tract 10513 - Council accept 85 percent of the improvements in Tract Foley 10513 by Foley Construction Company, 2101 East Fourth Street, Suite 100, Santa Ana, for property located at the northwest corner of Yukon Avenue and Bear Street. The developer has submitted new Performance and Labor and Material Bonds, in the amounts of $253,800.00 each, to guarantee completion of the remaining 15 percent of the work. On motion by Councilman Hall, seconded by Councilwoman Hertzog, 85 percent of the improvements were accepted; and the two original bonds, in the amounts of $172,000.00 each, were ordered exonerated by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Final Map for A Final Map was presented for Tract 10717, K.E.K., Tract 10717 Incorporated, 9140 Beverly Boulevard, Pico Rivera; one K.E.K. lot, 0.44 -acre, located at 2558 Orange Avenue, for con- dominium purposes. On motion by Councilman Hall, seconded by Councilwoman Hertzog, the map was approved; the Council did accept on behalf of the public the dedi- cation of Orange Avenue for street purposes; did also approve said map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Final Map for From the meeting of March 3, 1980, a Final Map was Tract 10802 presented for Tract 10802, Richard Sewell, Incorporated, Sewell 136 Rochester Street, Costa Mesa; one lot, 1.08 acres, located at 666 West 18th Street, for condominium pur- Referred to poses. On motion by Councilman Hall, seconded by Coun- Engineering cilwoman Hertzog, and carried, this item was referred Department back to the Engineering Department until completed documents have been submitted. Final Map for A Final Map was presented for Tract 10927, John R. Tract 10927 Davies and Son, 1720 East Garry Avenue, Suite 118, Santa Davies Ana; 12 lots, 0.76 -acre, located at 552 Hamilton Street, for condominium purposes. On motion by Councilman Hall, seconded by Councilwoman Hertzog, the map was approved; the Council did accept on behalf of the City of Costa Mesa the easement for emergency and public security ingress and egress, and for public utility purposes over Lot "A"; did also approve said map pursuant to the pro- visions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorizedto sign on behalf of the City; by the following roll call vote: AYES: Council Members: McFarland, Schafer, 1 1 1 Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreement - An Agreement between the City and Robert Bein, William Bein and Frost Frost and Associates, 1401 Quail Street, Newport Beach, was presented. The agreement calls for engineering Engineering inspection services in connection with construction of Services for two reinforced concrete box culvert channel crossings Baker Street on Baker Street and Paularino Avenue at the Santa Ana - and Paularino Delhi Channel. On motion by Councilman Hall, seconded Avenue Crossings by Councilwoman Hertzog, the agreement was approved in an amount not to exceed $14,000.00, and the Mayor and Clerk were authorized�to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Business Permits Item 3 on the Consent Calendar was presented, a request from International Speedway, Incorporated, Post Office International Box 3334, San Clemente, to hold motorcycle races at the Speedway Orange County Fairgrounds on the following dates in 1980: April 11, 18, 25; May 2, 9; 16, 23, 30; June 6, 13, 202 27; July 4, 11, 18; August 1, 8, 15, 22, 29; September 5, 12; and October 4. The Revenue Division recommended approval subject to three conditions re- garding liability insurance requirements, control of noise level, and administering of two random noise measurement tests at the expense of the applicant. The City Manager recommended that the third condition, concerning the conduct of noise tests, be amended so that tests would not be required unless complaints are received from surrounding residents. On motion by Vice Mayor Schafer, seconded by Councilman Raciti, and car- ried, the request was approved subject to conditions recommended by the Revenue Division but amending Condi- tion No. 3 as outlined by the City Manager. Round Up Item 4 on the Consent Calendar was presented, a request Corporation from Round Up Corporation, .843 West 19th Street, Costa Mesa, for a dance permit at the above address. Council- woman Hertzog requested that the permit be limited to six or twelve months. On motion by Councilwoman Hert- zog, seconded by Vice Mayor Schafer, and carried, the request was approved for one year; with review by the Council if complaints are received within that period of time. Baker Street and Item 11 (b) on the Consent Calendar was presented, award Paularino Ave- of a contract for the following project: (1) Reinforced nue Crossings at Concrete Box for Baker Street Crossing at the Santa Ana - Santa Ana -Delhi Delhi Channel; (2) Reinforced Concrete Box for Baker Street Crossing at Santa Ana -Delhi Channel, and Baker Awarded to Street Widening (South Side) from'160 Feet East of Arnold F. Richter Bristol Street to Santa Ana -Delhi Channel; (3) Baker Street Widening (North Side) from Santa Ana -Delhi Channel to 244 Feet East of Enterprise Street, and Baker Street Right Turn Lane at Bristol Street; (4) Paularino Avenue Widening (South Side) from Santa Ana -Delhi Chan- nel to 244 Feet East of Enterprise Street. The City Clerk reported that the bid"amount shown on the Agenda was in error, and that the correct total is $800.00 less. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the contract was awarded to Arnold F. Richter Contractor, 11 North Fifth Avenue, Arcadia, 1 1 1 in the amount of $1;059;402.35; being the lowest bid meeting specifications; by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Waiver of The Clerk presented from the meeting of March 3, 1980, Performance Bond a request for waiver of a Performance Bond from the at Fairgrounds 32nd District Agricultural Association, 88 Fair Drive, Costa Mesa,, in connection with Phase II -a construction Held Over at the Orange County Fairgrounds. On motion by Coun- cilwoman Hertzog, seconded by Councilman Hall, and carried, this item was continued to the meeting of April 7, 1980. Compact Car On motion by Councilwoman Hertzog, seconded by Mayor Parking, McFarland, and carried, a proposed policy for compact Standards, car parking standards was referred to the Study Session of April 14, 1980, and continued to the meeting of April Held Over 21, 1980. Warrant On motion by Councilman Raciti, seconded by Vice Mayor Resolution 1100 Schafer, Warrant Resolution 1100, including Payroll 8005, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Resignation of The City Attorney referred to his memorandum dated City Attorney March 7, 1980, in which he amended his termination date. The Mayor.pointed out that the City would be entering into -an agreement with the City Attorney after date of termination, for services in connection with certain pending cases. On motion by Councilman Hall,,seconded by Councilwoman Hertzog, and carried, Council's prior acceptance of the City Attorney's let- ter of resignation was amended to reflect a new date of termination of March 31, 1.980. G and W Towing The City Attorney reported that the required Certifi- cate of Insurance has not been received from G and W Towing Services Towing, Incorporated, 740-B Ohms Way, Costa Mesa, in connection with their request for a Certificate of Held Over Public Convenience and Necessity to provide towing services within the City. Wayne Miller, G and W Towing, stated that he is having difficulty in obtain- ing the insurance which the City has requested. The Assistant City.Attorney.reported that he had spoken to the applicant's insurance agent; that the matter apparently is resolved; and that an acceptable certifi- cate will be forthcoming shortly. The Mayor requested that this item be continued to.the meeting of April 7, 1980, in order to give the applicant additional time to submit the correct certificate for conditional approval of providing towing services. Agreement with The City Manager presented a proposed agreement with the Ci, ties of Irvine cities of Irvine and Santa Ana regarding financing for and Santa Ana street improvements in the area of the Main Street - Sunflower Avenue corridor. The agreement stipulates Improvement in that the cost of the improvements, in the amount of Main Street- $982,000.00, will be shared by the following four Sunflower Avenue developers in the subject,area: Robert P. Warmington Corridor,Area Company, The Irvine Company, Royale Development Company, and C. J. Segerstrom; and that the three cities will collect from the developers'such sums of money required for the improvements.before or at the time building permits are issued. 'On motion by Vice Mayor Schafer, F ) P i Q.�j � Public Hearing The Clerk presented from the meeting of March 3, 1980, Mesa Tow Service a request from Mesa Tow Service, Incorporated, 2970 Grace Lane, Costa Mesa, for a Certificate of Public Held Over `Convenience and Necessity to provide towing services within the City. On motion by Councilman'Hall'seconded by Councilwoman Hertzog, and carried, this item was con- tinued to the meeting of April 7, 1980, as requested by the applicant. Public Hearing The Clerk announced that this was the time and place set R-80-03 for the public hearing for Rezone Petition R-80-03, Costa Mesa Planning -Commission, for permission to rezone property located at 280-300 Victoria Street from R2 to R3. Environmental Determination: Negative Declaration adopted for General Plan Amendment GP -76-1C. The Affi- davit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval and requested that second.reading and adoption of the Ordinance be delayed until.the Final Map for Tract 11003 has been recorded. The Development Services Director reported that a 34 - unit condominium project, with a density of one unit 1 i 1 seconded by Councilwoman Hertzog; the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreement.- The City Manager presented a proposed agreement with the Orange County County of Orange and all other Orange County cities for and All the purpose of constituting an Eligible Jurisdiction County Cities under the Justice System Improvement Act of 1979, Public Law 96-157. The United States Congress declared that Criminal Justice the high incidence of crime is detrimental to the Jurisdiction general welfare of the Nation and that criminal justice efforts must be better coordinated, intensified, and made more effective and equitable at all levels of government. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor and Clerk were'authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None HCDA Family The City Manager requested authorization to purchase Housing Project property located at 1930-32 North Wallace Avenue, Assessor Parcel Number 115-346-32, in the amount of $260,000.00, for the Housing and Community Development housing project. The parcel measures 18,415 square feet, and contains four residential structures with five units. This is one of eleven parcels previously approved for acquisition by the Council for the develop- ment of family housing units under the City's Federally - funded Wallace Neighborhood Strategy Area. The City's Housing and Community Development Coordinator was present and answered,questions from the Council concern- ing future development of the subject property. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, the purchase was approved, and the Mayor and Clerk were authorized to execute all appropriate docu- ments on behalf_ of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: -None ABSENT: Council Members: None Public Hearing The Clerk presented from the meeting of March 3, 1980, Mesa Tow Service a request from Mesa Tow Service, Incorporated, 2970 Grace Lane, Costa Mesa, for a Certificate of Public Held Over `Convenience and Necessity to provide towing services within the City. On motion by Councilman'Hall'seconded by Councilwoman Hertzog, and carried, this item was con- tinued to the meeting of April 7, 1980, as requested by the applicant. Public Hearing The Clerk announced that this was the time and place set R-80-03 for the public hearing for Rezone Petition R-80-03, Costa Mesa Planning -Commission, for permission to rezone property located at 280-300 Victoria Street from R2 to R3. Environmental Determination: Negative Declaration adopted for General Plan Amendment GP -76-1C. The Affi- davit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval and requested that second.reading and adoption of the Ordinance be delayed until.the Final Map for Tract 11003 has been recorded. The Development Services Director reported that a 34 - unit condominium project, with a density of one unit 1 i 1 per 2-100 square feet of land- as well as a tract map uniting the parcels into a single=lot subdivision', were approved by the Planning Commission. During discussion, Councilman Raciti voiced objection to the proposed density. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Vice Mayor Schafer, based on the findings and analy- sis outlined in the Staff Report of February 25, 1980, Ordinance 80-7 Ordinance 80-7, being AN ORDINANCE OF THE CITY COUNCIL First Reading OF THE CITY OF COSTA'MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 65, 66, AND 67 OF TRACT 57 FROM R2 TO R3, was given first reading, with second reading and adop- tion held until the Final Map for Tract 11003 has been recorded. The motion carried by the following roll call vote: AYES: Council Members: McFarland, Schafer, Hertzog, Hall NOES: Council Members: Raciti ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place set John Wayne/Orange for the public hearing for review of plans for acquisi- County Airport tion of three parcels of land located within the City of Expansion Costa Mesa, for expansion of the John Wayne/Orange County Airport, as required by Public Utilities Code Held Over Section 21661.6. The Affidavits of Publishing and Mail- ing are on file in the Clerk's office. A letter has been received from the Mayor of the City of Newport Beach requesting Council to withhold approval of the plan at this time. The Assistant Planning Director sum- marized the proposed,expansion plans which were reviewed by Council at the February Study Session. Site 1, located at 2980 Airway Avenue, contains 2.63 acres in an MP zone. The proposed use is a Fixed Base Operation with improvements to include an administration/office facility, a maintenance facility, and aircraft hangars. Site 1A, alternate for Site 1, is located at 2920 Airway Avenue between Kalmus Drive and Lear Avenue, containing approximately 2.632 acres in an MP zone. The proposed use is for an air freight facility and 40 automobile parking spaces. Site 2 contains 2.67 acres, and is located at 380 Clinton Street in an MP zone. Plans are for a Fixed Base Operation to include office and admin- istration facilities, as well as 79 automobile parking spaces, and a facility to maintain 34 aircraft based on the site. Site 3 is located east of Airway Avenue be- tween Baker Street and Paularino Avenue, in a CL zone, and contains 10.76 acres. This site is designated for Fixed Base Operation for administration facilities, a maintenance building area, airplane hangars, and out- side parking for 15 aircraft. Raul L. Regalado, Airport Manager, 18741 North Airport Way, Santa Ana, was present to answer questions from the Council. In his responses, Mr. Regalado stated that no additional flights were anticipated; that traffic would not be any greater, and probably much less, than that generated by other industrial or commercial uses; that after approval by the Orange County'Board of Supervisors, estimated time of expansion would depend upon acquisition of the property from the present owners; and in regard to noise standards, he reported that the airport is not in - violation because they -are operating under a variance. Donald Strauss, Councilman from the City of Newport Beach and Chairman of the Newport Beach Aviation Com- mittee, spoke in opposition of the proposed expansion because of the possibility of flights being added, increased aircraft noise, and additional automobile traffic. He further stated that approval of the expansion plans at this time would be premature. The following citizens spoke in opposition to airport expan- sion until noise problems have been resolved: Mrs. Public Hearing EIR for ZE-80-10 Bristol Plaza Held Over Batham, 20451 Upper Bay Drive; Santa Ana Heights; and Charles Griffin; 732 Bison Avenue; Newport Beach. Paul Ketchum, owner of Site 2; stated that his financing is locked into construction of an industrial plant, and that his architectural plans are complete. He advised that his business will produce 125 to 150 jobs. Robert 'Nuttman, Assistant County Counsel for the County of Orange, explained that a condition of the noise vari- ance granted to the County is that there can be no more than 38.3 commercial jet departures and landings per day .(for a total of 76.6 trips) unless the noise level is reduced; therefore, until quieter jet aircraft are available, there can.be no increase in flights even if the expansion of theairport' is made. He further stated that there is'no limit on business jet aircraft but these planes do not produce the noise. During Council discussion, Council Members McFarland, Schafer, Hertzog, and Hall expressed approval in concept of the proposed plans because the expansion would not be a disadvantage to the City of Costa Mesa, that there were adequate restraints to increasing flight trips, and therefore approval would not cause increased noise in the City of Newport Beach. Councilman Raciti favored postponement of a decision at this time. Mayor McFar- land suggested that if the City adopted a resolution to approve this application, that it include specific wording that there would not be an increase in commer- cial jet flights. A;motion was made by Mayor McFarland, seconded by Councilman Hall, to continue this item to the meeting of April,7, 1980, instructing the City Attorney and staff to expand the City'.s Resolution to include limitation of jet flights. Further discussion followed in regard to whether or not it would be neces- sary to include all of the subject parcels in approval of the expansion. Councilman Hall suggested that more time would be needed'by staff to study the suggested amendment to the resolution and possible changes in the properties to be acquired for this project. Mayor McFarland amended his previous motion to continue the hearing to April 15,1980. Councilwoman Hertzog objected to such a Tong delay inasmuch as the Council had done considerable study of this issue. Mayor McFarland rescinded his amended motion by changing the continuation date back to April 7, 1980. Councilman Hall seconded the motion, and it carried unanimously. The Clerk announced that this was the time and place set for the public hearing to consider the Environmental Impact Report for Zone Exception ZE-80-10, Bristol Plaza, for property located at the southeast corner of Bristol Street and the San Diego Freeway. The Affi- davits of Publishing and Mailing are on file in the Clerk's office. A letter has been received from Mr. J. C. Gianulias; Bristol Plaza, requesting that the hearings for the EIR and the Zone Exception'be continued to April 21, 1980: Jim Carlson, 622 Rhine Lane, Costa Mesa, President of the Brookview Condominium Homeowners Association, Costa Mesa, stated that it was his under- standing that these items would be continued to April 7, 1980. After brief discussion, a motion was made by Councilman Hall, seconded by Mayor McFarland, to con- tinue thisA tem to the meeting of April 21, 1980, as requested by the applicant. The motion carried, Councilwoman Hertzog.voting no. Public Hearing The Clerk announced that this was the time and place set ZE-80-10 for the public°hearing to consider an appeal of the Bristol Plaza Planning Commission,'s decision for Zone Exception ZE-80- 10, Bristol Plaza, Post Office Box 2990, Newport Beach, Held'Over for a Conditional Use Permit to exceed the two-story height limitation, and a variance from parking standards 1 1 1 to permit compact parking stalls; for property located at the southeast corner of Bristol Street and the San Diego Freeway. The Affidavits of Publishing and Mailing are on file in the Clerk's office. The same letter re- ceived from the applicant for the previous item also requested continuance of the Zone Exception. On motion by Mayor McFarland, seconded by Councilman Hall, and carried, the public hearing was continued to the meeting of April 21, 1980. Recess The Mayor declared a recess at 8:35 p.m., and the meet- ing reconvened at 8:50 p.m. Public Hearing The Clerk announced that this was the time and place ZE-80-25 set for the public hearing to consider the appeal of the Burton/Peterka Planning Commission's decision for Zone Exception ZE-80- 25, Thomas W. Burton, 1501 Westcliff Drive, Suite 312, Newport Beach, authorized agent for John and Joan Peterka, 216 East 20th Street, Costa Mesa, for a vari- ance from minimum lot area to allow future subdivision of property located at 216 East 20th Street into two parcels, in an R1 zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the Clerk's office. A letter has been received from W. F. and Ila J. Albers, 2012 Orange Avenue, Costa Mesa, in support of the project. The Development Services Director, in reviewing the applic- ation outlined in the Staff Report of February 11, 1980, stated that the applicant proposes to create two parcels, each 66.06 feet wide and 87.48 feet deep, each lot with 51,778.6 square feet in area, and a proposed density of 7.54 units per acre. The Planning staff recommended approval, subject to conditions, based on the following findings: proposed variance will not increase total number of dwellings on the property; density is consistent with -the City's General Plan; the project will not be detrimental to subject property or surrounding properties; subject property was created as part of a now obsolete development pattern; if variance is denied, subject property would be restricted to a much lower density of development than that typically found in Rl zones; and denial of the application would deprive subject property -of privileges enjoyed by,other properties in the vicinity. At their meeting of Febru- ary 11, 1980, the Planning Commission recommended that the application be denied, based on the findings that there is a more innovative way of constructing the project to solve some of the problems that exist. Both Thomas Burton and John Peterka were present and gave a slide presentation of the proposed project. Mr. Peterka advised that he had contacted seven neighbors and all indicated support of his proposal. The following persons residing in the subject area spoke in support of the applicant's plans: Dennis St. Clair, 1976 Orange Avenue; Esther Clark, 200 East 20th Street; and by a show of hands, several neighbors were in the audience indicating approval of the applicant's request. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the project was approved based on the Planning staff.'s findings and analysis, and subject to conditions, all as outlined in the aforementioned Staff Report. Public Hearing The Clerk announced that this was the time and place set ZE-80-31 for the public hearing for Council review of Zone Excep- Williams/Hanson tion ZE-80-31, Rogert N. Williams, authorized agent for V. Herrick Hanson, 1345 North Grand Avenue, Suite 1-A, Denied Santa Ana; for a Conditional Use Permit to operate an amusement center, with a variance from required parking, 3 . for property located'at 462-C East 17th Street in a C2 zone. Environmental Determination: Exempt. The Affi- davit s'of Publishing and Mailing are on file in the Clerk'.s office. Communications in opposition to the center have been received from the following Costa Mesa residents in the subject area: W. R. Collopy, 460 Cabrillo Street; Mr'.`and Mrs. Paul R. Hurst, 451 Cabrillo Street; W. Ethel Campbell, Post Office Box 3233, Newport Beach. A memorandum was also received from Brad Edwards, General Manager of American Game _ Exchange, Incorporated, with an enclosure detailing the company's function with the owner/operator of the super- cade family amusement centers. The Development Services Director gave a brief history of the subject property detailed in the Staff Report of February 25, 1980. The Planning Commission and Planning staff recommended approval subject to conditions, and based on the follow- ing findings: the use is similar in nature to other Uses allowed in a C2 zone; amusement centers are a listed conditional use in the C2 zone; and.a parking survey of the existing site and that of a similar opera- tion, combined with the expected type of clientele, indicates that adequate parking may exist for the pro- posed use. Roger Williams spoke in support of the proposed project; -explained some of the rules and regu- lations he intended to apply so that the young people frequenting the amusement center would not cause prob- lems to the surrounding residents and businesses; and answered questions from the Council. The following persons spoke in,opposition to the application: Mr. and Mrs. Paul Hurst, 451 Cabrillo Street; Jack Hanley, 440 Cabrillo Street; John Carra, Jr., 499 Cabrillo Street; and Marcel E. Therssen, 421 Cabrillo Street. Lou Gernick', Franchise Consultant for American Games Ex- _ change, Incorporated', spoke insupport of the amusement center, stating that this type of operation would pre- vent young people from getting into trouble. Brad Edwards, American Game Exchange, Incorporated, spoke concerning other facilities similar to the one being proposed, stating that there had never been any problems with the police,'or drug use by the clientele, and fur- ther advised that if Mr. Williams did not operate the center in a proper manner, the franchise would be revoked. There being no other speakers, the Mayor closed the public hearing. 'During discussion, it was brought out that bicycle access to the property would be extremely dangerous because of the heavy traffic on 17th Street. Council -Members Hall and McFarland both stated that although'they were not in opposition to this type of amusement center, they opposed the loca- tion. A motion was made by Vice Mayor Schafer, seconded`` by Councilwoman Hertzog, to deny the request based on the following findings: parking is not sufficient; there is nota sufficient buffer zone from the residen- tial area; and'bicycle access is not adequate. The motion carried unanimously. Article XXXIV The Clerk presented'a request from the Housing and Com - Election munity Development Committee'(HCDC) for participation in Referundum an Article XXXIV Referendum''to approve rental housing development for.the'elderly, handicapped, and low- or moderate -income persons. In a memorandum dated March 7, 1980, staff recommended the following: approval of the HCDC request; to adopta resolution requesting the County Clerk to add the subject Referendum on the -City's ballot for the June 3, 1980, election; and that the cost of the election be paid -out of the City's Housing and Community Development Act (HCDA) Contingency Fund. John L: Avitabile, Executive Director; Orange County Housing Authority' 2043 North Broadway' Santa Ana; was present and reported that passage of the Referendum will 11 1 permit the County to,receive State or Federal funds for the above mentioned housing. The Referendum would be subject to the following limitations: (1) No County or City general fund monies shall be expended for hous- ing; (2) No project shall be authorized unless first submitted for approval and notice given to the public in the unincorporated area; (3) Any project proposed for the incorporated areas shall first be submitted to the appropriate City Council and adequate public notice to the citizens; and (4) Housing for low -rent persons shall not exceed five percent of the total dwelling units within participating cities. Mr. Avitabile responded to the Council's concerns regarding the City's right to fi nal approval' of any proposed projects. On motion by Councilman Hall, seconded by Councilwoman Resolution 80-34 Hertzog, Resolution 80-34,'being A RESOLUTION OF THE Referendum CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO Participation PARTICIPATE IN A SPECIAL ELECTION CALLED BY THE BOARD Approved- OF SUPERVISORS OF ORANGE COUNTY, TO APPROVE THE RENTAL HOUSING DEVELOPMENT FOR ELDERLY, HANDICAPPED, LOW OR MODERATE INCOME PERSONS, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Referendum On motion by Councilman Hall, seconded by Vice Mayor Costs Schafer, authorization was given for the cost of the Authorized election to be paid from the City's HCDA Contingency Fund, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Request to The Clerk presented a request to appeal the Planning Appeal ZE-80-23 Commission's decision for Zone Exception ZE-80-23, Sherman/Village from Alan Sherman, authorized agent for Village Patio Patio Shops Shops, 1706 Newport Boulevard,'Costa Mesa, for a var- iance from provisions of the Sign Ordinance at the Hearing Set above address, in a C2 zone. Environmental Determina- tion: Exempt. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, Mayor McFarland voting no, the request was granted, and a public hearing set for April 7, 1980, at 6':30 p.m. Oral' :, ,: Jeff Vitz, 1091 Sea Terrace, Costa Mesa, stated that due Communications to the location of his residence, television reception in that area is very poor and sometimes there is no Cable reception at all. There are 82 homes in the Sea Bluff Television = Canyon area with reception problems, and therefore he was requesting Council permission to have Teleprompter, a = televison cable company, install the necessary equip- ment. Mr. Vitz submitted a petition containing 68 signatures in support of his request. After brief dis- cussion, a motion was made by Councilman Hall, seconded by -Vice Mayor Schafer, directing the City Manager and City Attorney to attempt to resolve the problem to service this particular area only. Further discussion ensued regarding the,City's decisions in past years on the matter of permitting cable television within the City, and thereafter, the earlier motion made by Coun- cilman Hall, and seconded, carried unanimously. Councilmanic Councilman Hall reported that at the League of Cities Comments meeting to be held on April 10, 1980, a proposed resolution will be presented requesting action by the Amendments State Legislature to restore the original language of to SB 2093 Section 1502 of the Health and Safety Code; and Sections 01 5115 and 5116'of the',Welfare-and Institutions Code, as enacted,in 1972, which would return to local agencies authority in the establishment of residential care facilities. In 1978`, Senate Bill 2093 was enacted eliminating local government'.s-authority over this matter. Councilman Hall requested that the City sup- port the League's proposed resolution. Councilwoman Hertzog responded that as the City,'.s voting delegate, she would vote in favor of the amendments as requested. Acting City Due to the resignation of the City Attorney effective Attorney March 31,. 1980', a motion was made by Vice Mayor Schafer, Appointment seconded by Councilman Hall, appointing Assistant City Attorney Tom Wood to'the position of Acting City Attorney, effective April 1, 1980. Mr. Wood was present and acceptedthe appointment. The motion car- ried by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: -Council Members: None ABSENT: Council Members: None Agreement - The Mayor referred to a proposed agreement between the Hargrove and City and the law firm of Hargrove and Campagna, to Campagna represent the City in specified pending cases, said agreement to be effective April 1, 1980. Mr. Campagna has submitted his resignation as City Attorney effec- tive March 31, 1980,'and the Council has elected to retain his services for certain cases. On motion -by Mayor McFarland, seconded by Councilman Raciti, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the fol- lowing roll call vote: -AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Appointment Tom Wood, Assistant City Attorney; expressed thanks and Acknowledged appreciation to the Council in appointing him to the position of Acting City Attorney, effective April'l, 1980. . Adjournment The Mayor adjourned the meeting at 10:55 p.m. Mayor of the' C y ✓of sta'J-Mesa ATTEST:' Ci y Clerk of the City of Costa sa 1