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Home My WebLink About05/05/1980 - City Council' REGULAR MEETING.0F THE CITY COUNCIL .` �.'CITY OF,COSTA MESA Mav�5, 1980 The Citv,,CoUnci]�0f the' Citv- Of Costa Mesa, California', met in r8gulari session UD1980, at 6:30 p.m., � `, in th8'COunCil Chambers Of'Cit«Hdll' 77 Fair Drive, Costa Mesa. Me38. The'meeting -waS Called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation.by the Reverend Paul Forrest, Harbor ` Chrf5tian'FelTOwShip. Roll -Call- ' Council Members Present: Schafer, Hall, H8rto0g, -McFdrland, Johnson COunCi7'Member5`AbSent: Aone ' Officials Present:.,' Assistant City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk Minutes ` On motion by Vice'Mayor Hal'l, seconded by'Councilwoman' April l5 and HertzOg, aDd'carni8d, the mlnUtes Of the regular April 21, 1980 adjourned meeting Of -A 'l, T5, 1980, and the regular meeting 0f .April 21, 1980, were approved as distributed aDd,pOSt8d'a3 th6Ce.]�ere �n' corrections. ' Ordinances A motion was made by Councilwoman H8rtzUg" seconded by � Vice Mayor Hall � and, odrried, tO read all OrdfndnCes� by title Unly.' -~- CONSENT CALENDAR. On motion by Vice Mayor Hall, sec- onded byCounC1|w0man UertzOg, all items in the Consent Calendar were dp ftvgd in'one motion by the f011Uwin] roll cal vote: ' AYES: Council Members: Schafer, Hall, HertzOg, McFarland, Johnson NOES: Council 'M2mbRr5:None ' ABSENT: CUUnCil'Memb&3: None "' Reading Folder The:f0118#i-ng,Rea.diDg F0ld8r items were received and processed: Claims The following claim' were r8CRiY8d by the City Clerk and no action was required: Roger Ledin; and AYCO Airway Express, Incorporated. ' ' Alcoholic ".Alcoholic Beverage License application, which is Beverage being protested by the City's Planning Division, License from: Christina W� a7 ndMfr M0odfor8ddin Yekrdngi, doing business as Shish Kabob, 2350-B Newport Boulevard., because Of inadequate parking for a restaurant with on-site consumption of food and beverage. 'The business permit request has been denied. Bingo ' . ' A liet -' f' om J |bk.*and, \xm Beit3t0ck, 109 ' .. Danbury Lane, C05td'MeSa, requesting that Bingo games be allowed at churches and temples. A.B. 2257 -A resolution from the City Of 38dl Beach, in Tax Increment � opposition to State Assembly Bill 2257 concerning Revenues the restriction of the intra -agency use of tax ' increment funds outside Of project areas from which such funds are generated. 1 1 t A.B. 2212 A -resolution from the City of Anaheim, supporting Annexation Tax Assembly Bill 2212, concerning annexations, which Revenue Allo- would authorize the County auditor to apportion cation. property tax revenues according to a fixed formula, based upon service responsibilities transferred to the successor agency, in the event a negotiated agreement is not reached among tax- ing agencies by September 1 of any year. This would establish an expeditious manner to permit annexations to become effective in instances where the taxing agencies are unable orunwilling to negotiate an exchange of tax revenues. Public Utilities Notice from the Public Utilities Commission of Commission filing Application -59596 by Southern California Edison Company, for authority to modify its con- servation load management adjustment clause and to increase its conservation load management :..- adjustment billing factors to recover increased costs made towards the development, purchase, testing, -and financing of solar equipment and programs. County History A request from Grothe, Kobrin and Smart Public Publication -. Relations, on behalf of The Register Newspaper, "Legacy" 625 North..Grand Avenue, Santa Ana, that the City adopt a resolution commending said newspaper on End - the.publication:of "Legacy", a pictorial and Reading Folder. journalistic history of Orange County. Business Permits A request from, -South -Coast Association of Square Dancers, 5102,New"Mexico Lane, Cypress, to hold square Square'Dancers dancing exhibitions at the Orange County Fairgrounds, May 23; 24,!and 25, 1980, was approved. Fisher A request from Robert Fisher Productions, 1813-C Viola Place, Costa Mesa, to hold a comedy concert at the Edwards Mesa Theatre, 1884 Newport Boulevard, May 20, 1980, from 8:00 p.m: to'12:00 a.m., was approved. El!Bekal:Temple A request from -El Bekal Temple,:2008 East Lincoln Avenue, -Anaheim, -to hold a.two-day circus at the Orange County Fairgrounds, June 14 and 15, 1980, was approved. Set for Public The following `items were - set�"for public hearing on Hearing May 19, 1980 -'at 6:30,0.m., in the Council Chambers of City Hall: Revenue Sharing Public:comments and/or.proposals on the possible uses of Federal.Revenue.Sharing Entitlement funds to be appropriated in the Fiscal Year 1980-81 -budget. Management Element Review of the Community Development/Management of -General Plan Element of the:,City of'Costa Mesa General Plan. Refund A request:for refund of a=$5,000.00 deposit from Donald E. Minkoff, 1903 -,Yacht -Enchantress, Newport Beach, since Minkoff work.has been completed at 767 -West 19th Street, was approved by.the following 'roll call vote: AYES:; Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None - .:ABSENT:. Council Members: None Claims _ Denied On motion by'Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried, the claim of Joanne Carol Brody Brody.. was denied:; Tryk On motion7by:ViceMayor Hall; -seconded by Councilwoman Hertzog, and carried; the claim of Martin F. Tryk, Jr., 393 Ryan Tryk., = an&Shi rl ey Tryk was deni ed. Keep America The Clerk presented from the meeting of March 3, 1980, Beautiful Keep America Beautiful Program. Staff has recommended Program that this•item'be,continued for two weeks.' Councilman McFarland suggested,,that staff compile a list'of-those Held Over citizens interested in a City beautification program, and that the Council,,Members,•also submit a list of - those citizens`they'feel•would•want to participate. On motion by'Councilman McFarland, seconded by Councilwoman Hertzog, and carried, this -item was continued to the meeting of May 119, 1980'. Sandpiper Motel The -Clerk presented from the meeting of April 21, 1980, Bed Tax Penalty an -appeal of a decision by the Revenue Division from Robert R. Washer, Sandpiper Motel, 1967 Newport Boule- Withdrawn vard; concerning a bed tax penalty in the amount of;` $469:28: The -Clerk reported -that she received a written request from the applicant-to.withdraw his appeal. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and.carried, the'appeal was withdrawn as requested by the;applicant::' Redwood On -motion by"Vice�Mayor-Hall, seconded by Councilwoman Hertzog;; and carried; the claim of Richard and Barbara Redwood was denied. Levine- On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried, a request for leave to present a late-claim•from-.Richard.S. Levine was denied. Tract 10097 The_Director.of Public Services has recommended that Williams Council accept'the:.improvements for Tract 10097 by Barry Williams, 901 Dove Street, Suite 115, Newport Beach;,,for"property located at the northeast corner of Newport Boulevard'and-Monte Vista Avenue. On motion by Vice�Mayor.Hall; seconded by Councilwoman Hertzog, the work -was accepted and the bonds were ordered exoner- ated- by-:the`following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson -NOES: :-Council'Members: None ABSENT: Council -Members: None Bid Item 447 Bids received•for.Bid Item'447, One Automated Fuel. - Automated Fuel System; are on file -.in the'Clerk's office. On -motion by System Vice,Mayor Hall,:seconded by Councilwoman Hertzog; the bid was awarded--to:Rusco Electronic Systems, Division of Awarded to A=T=O-; Incor•por.ated,;,:1840 Victory Boulevard, Glendale, Rusco Electronic in -,,the -,amount -.of, -$23:1!790'.00, plus $2,000.00 for each Systems additional pump site, being the lowest bid meeting specifications -;:,by -the following roll call vote,: :AYES: Council Members: Schafer, Hall, Hertzog, McFarland;•Johnson NOES: Council.Members: None ABSENT: Council Members: None R-80-05 The Clerk presented for second reading and adoption of Lampman Ordinance 80 -11r -'being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF".COSTA MESA;'CALIFORNIA, CHANGING THE Ordinance 80-11 ZONING OF A PORTION OF LOT 122, NEWPORT HEIGHTS TRACT, Second Reading FROM�R2 TO R41.:The ordinance -,was given first reading and Adoption on April 21, 1980; in connection with Rezone Petition R-80-05; Lampman nstruction,:for property located in Co Held Over the general area, of 18th Street and Orange Avenue. The Pl!anni.ng Division has recommended.that second reading and' -adoption be delayed -until -after the Final Tract Map has been recorded. On�motion7by Councilman McFarland, seconded by Vice Mayor Hall, and carried, this action was-continued•until^after recordation of the Final. Tract. Map.: „-f, .- Keep America The Clerk presented from the meeting of March 3, 1980, Beautiful Keep America Beautiful Program. Staff has recommended Program that this•item'be,continued for two weeks.' Councilman McFarland suggested,,that staff compile a list'of-those Held Over citizens interested in a City beautification program, and that the Council,,Members,•also submit a list of - those citizens`they'feel•would•want to participate. On motion by'Councilman McFarland, seconded by Councilwoman Hertzog, and carried, this -item was continued to the meeting of May 119, 1980'. Sandpiper Motel The -Clerk presented from the meeting of April 21, 1980, Bed Tax Penalty an -appeal of a decision by the Revenue Division from Robert R. Washer, Sandpiper Motel, 1967 Newport Boule- Withdrawn vard; concerning a bed tax penalty in the amount of;` $469:28: The -Clerk reported -that she received a written request from the applicant-to.withdraw his appeal. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and.carried, the'appeal was withdrawn as requested by the;applicant::' Bicycle Trails The Clerk presented a request from the Costa Mesa Committee Traffic Commission to reconsider the formation of a Bicycle -Trail's Committee. The Director of Public Ser- vices reported that this -item had been discussed at the Council meeting of February 19, 1980, and'at that time -Council decided, -to' consider formation of such a Committee when the General.Plan was reviewed. During discussion it -was determined that "citizen participa- tion" in connection with the General Plan, would be on the agenda for either the regular Study -Session of May 12; 1980, or on'the agenda #or the special General Plan Study Session scheduled for May 15, 1980. Robert Graham, member of the Traffic Commission, spoke in support of immediate.formation of a Bicycle Trails Com- mittee., composed of Costa Mesa citizens. The Mayor thanked Mr. Graham for his input,.and Council determined that "citizen participation" would be -discussed along with the General Plan review. Later in the meeting, under Councilmanic Comments, Coun- cilman McFarland; referring to bicycle trails, inquired as to when "citizen participation" would be discussed, and it.was decided that this subject would be on the agenda'for thespecial'Study Session of May 15, 1980. Warrant On motion by Vice Mayor Hall, seconded by Mayor Schafer, Resolution 1104 Warrant Resolution.1104 was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson ,NOES: 'Council Members: None ABSENT: Council Members:,None Warrant On motion by Vice�Mayor-.Hall; seconded by Councilwoman Resolution 1105 Hertzog; Warrant-Resolution51105, including Payroll 8009, was approved by the following roll call vote: AYES: Council, Members: Schafer, Hall; Hertzog, McFarland, Johnson ` NOES:, .Council Members:, None :ABSENT: Council Members:-. None Settlement of The'City Attorney.presented;a proposed settlement offer Gladd Claim in-regard,to a,claim filed by Harman B. J. Gladd Con- struction Company against -the City, in connection with TeWinkle Park constructi•on'at'TeWinkle Park. On motion by Councilman McFarland, seconded by -Councilwoman Hertzog, the settle- ment offer -:was ,approved by''the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council -Members: None -ABSENT: Council Members: None Waiver of Fee The 'Cl.erk presented a -request for waiver of fee in for.ZE-80-.67 connection with Zone Exception ZE-80-67, Robert L. Humphreys/Butler Humphreys; authori-zed agent for John P. Butler, et al, Post Office Box 1739, Costa Mesa, for a variance from side setback requirements to allow remodeling of an existing buflding'i-in'conjunction with streetwidening, for property -located -at 1666 -Superior Avenue,,in an MG zone. Environmental' Determination: Exempt. The Devel- opment Services Director reported that the Planning staff and Planning £'omm'ission recommended that the fee be waived because the remodeling and variance were necessitated by the City_init fated street widening. On motion 'by Vice Mayor -Hall, seconded by Councilwoman Hertzog, the $50.00 fee was waived by the following roll cal -1, -vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Request to Appeal The Clerk presented a request to appeal the Planning ZE-80-62 Commission's approval of Zone Exception ZE-80-62; Psomas Psomas/Troy and Associates,,;authorized'.agent for Troy Investment Fund,.4321 Birch.Street,;Newport Beach, for a Condi- Hear.ing..Set tional ,Use=Permit;for•conversion of existing multi - tenant buildings to industrial condominiums, located at 711 West•17th Sreet;,in::an MG zone. The request also includes :Tentati:ve Map..for,;Tract 11096, for a two -lot subdivision for condominium purposes. Environmental Determination:,.-.'-Exempt.-.'-,;The request to appeal was received :from: tenants ;of the subject buildings. Tom Lee, 71,1 West:13th Street, Suite B12, representing tenant-s.at the subject property, stated that the tenants were-not--!notified-.by Troy ',Investment Fund that the con- version.to-industrial. condominiums was being heard by the -:Planning. -Commission, and:i.t was only after reading of the,approval-:in a, -newspaper article, that they knew of the appli.cation::- John Killeen, 10960 Wilshire Boule- vard, Los Angeles, attorney for Troy Investment Fund, questioned the tenants'' right to appeal, and the City Attorney responded -As to the legal aspects of Mr. Killeen's inquiry: Vice Mayor Hall made a motion, sec- onded by Councilwoman Hertzog; to grant the request and set a• publ is ,hear.i ng for. June ;16, 1980, -at 6:30 p.m. Further discussion followed at which time Councilman McFarland suggested denial; -however, the motion to set the public hearing:carried Councilman McFarland`vot tng no. Oral Gary Sauter, 3500 East Coast Highway, Suite No. 1, Communications Corona :del Mar;:asked about the refund of his deposit, less costs,iinr-,connection:with the auction of property Request for located at 111 Rochester Street. The Assistant City Refund - Sauter Manager responded, that thisitem would probably be on the -agenda for the meeti ng,.of .May 19, 1980. General Plan Robert A. Butl:er.,'Jr., 21.55-B Canyon Drive, Costa Mesa, Review- inquired about the schedule for the General Plan review since he-Jwoul-d.1l,ike to.discuss the lack of sidewalks in his ne.ighborhoo.d.. The Mayor responded that the special General Plan Study Session is scheduled for May 15, 1980, at 2:00 p.m., in the fifth floor Conference Room of City :Hall . .The:-Devel.o.pment Services Director advised that sidewalks will be discussed. during review of Phase IV .,of -the -General Pl an: . Councilmanic Councilman:Jo.hnson:stated'that as a new Council Member, Comments he :has found ,t.he •City. staff most helpful in assisting Staff Commended him in learning about the various departments. Council Members Hertzog••;and Hall also commended the City staff for outstanding.performance. Man and Woman of Mayor Schafer reported that the Costa Mesa Chamber of the Year Awards Commerce,:has made the following selections for Man and Woman of the .Year awards: Arthur MacKenzie, former Costa Mesa Chief'of.Police -and City Manager; and Joan C.. Finnegan,..Off:i.ce, Manager a,nd Auditor for the Mesa Consolidated Wate,r:District.,'On motion by Councilwoman Resolution .80-55 Hertzog; s,e,conded, byJce:Mayor Hall, Resolution 80-55, Arthur McKenzie being A RESOLUTION:OF THE CLTY COUNCIL OF THE CITY OF Commended COSTA MESA, CALIFORNIA,.COMMENDING ARTHUR R. McKENZIE ON. BEING:CHOS M MAN OF THE: YEAR;. -IN RECOGNITION OF OUT- STAND,ING,r-COMMUNITY; ERVICE;,was;adopted by the following roll call vote:.:: ... • ;AYES: Council: Member.s:..-.Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Memb,ers:.r None ABSENT: -:,Council: Members: None On potion, by :Co.un.ci 1woman Hertzog, seconded by Vice 1 1 1 r Resolution 80-56 Mayor Hall,_'Resolution 80-56, being A RESOLUTION OF THE Joan Finnegan CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA; COM- Commended MENDING JOAN C. FINNEGAN ON BEING CHOSEN WOMAN OF THE YEAR IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT:- Council Members: None Adjournment The Mayor declared the meeting adjourned at 7:30 p.m. ayor of the City of Costa Mesa ATTEST: 14, City Clerk of the City of Cost esa r