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HomeMy WebLinkAbout08/04/1980 - City Council0 Roll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 4, 1980 The City Council of the City of Costa Mesa, California, met in regular session on August 4, 1980, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend John Huntley, New- port Mesa Christian Center. Council Members Present: Council Members Absent: Officials Present: Schafer, Hall, Hertzog, McFarland, Johnson None Assistant City Manager, City Attorney, Director of Public Services, Assistant Planning Director, City Clerk Minutes On motion by Councilman Johnson, seconded by Councilman July 21 and McFarland, and carried, the minutes of the regular meet - 289 1980 ing of July 21, 1980, and the adjourned regular meeting of July 28, 1980, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, to read all ordi- nances-tiy title only. CONSENT CALENDAR. The following item was removed from the Agenda: Item 8, Agreement with Two Town Center - Associates, for widening of the west side of Bristol Street at South Coast Plaza. On motion by Councilman Johnson, seconded by Council- woman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Reading Folder The following Reading Folder items were received and processed: Local Agency Notice from the Orange County Local Agency Formation Formation Commission that a determination will be Commission made on August 13, 1980, at 2:00 p.m., concerning the proposed annexation to the Costa Mesa Sani- tary District, designated Engineer.'s No. 196, located in the general area of Baker Street, Bear Street, and the Corona del Mar Freeway. Alcoholic Beverage Alcoholic Beverage License application for which License parking has been approved by'the Planning Divi - End - sion: Richard Ybanez, doing business at 1728 Reading Folder Newport Boulevard. Business Permit Notice of Intention to Appeal or Solicit for Charitable Purpose from United Way of Orange County, North/South, United Way 3903 Metropolitan Drive, Suite 500, Orange, by direct mail and solicitation of business and industry, from September 1 through December 20, 1980, was approved with application of Section 9-234J of the Municipal Code. 1 1 P. Refund A request was presented for refund of a $10,000.00 cash deposit from South Coast Executive Park, 16168 Beach South Coast Boulevard, Suite 200, Huntington Beach, since landscap- Executive Park ing and the basic building shell have been completed at 1503 South Coast Drive. On motion by Councilman John- son, seconded by Councilwoman Hertzog, the request 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 Councilman Johnson, seconded by Council- woman Hertzog, and carried, the claim of Ronald Morris Morris was denied. Forbes On motion by Councilman Johnson, seconded by Council- woman Hertzog, and carried, the claim of Harvey Charles Forbes was denied. Final Map for The Final Map was presented for Tract 11088, C.A.S. Tract 11088 Development Corporation, 1926 Suva Circle, Costa Mesa; C.A.S. one lot, 0.45 -acre, located'at 2000 Meyer Place, for Development condominium purposes. On moti-on by Councilman Johnson, 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 1; did also approve subject map pursuant to the provisions of Section 66436(c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign said map on behalf of the City, by the following roll call vote: AYES: Council Members:, Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members!:'. None ABSENT: Council Members: None Change Order to The Director of Public Services has recommended approval Contract for the of a Change Order to the contract with Berryman and Anaheim Storm Stephenson, Incorporated, 1360 South Anaheim Boulevard, Drain Study Anaheim, in connection with the study of the drainage system of the proposed Anaheim Storm Drain. The Change Order is for an alternative route down 19th Street westerly which appears to be less costly and may be a better alternative. On motion by Councilman Johnson, seconded by Councilwoman Hertzog, the Change Order was approved in the amount of $7,400.00, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement between the City and B. Dean Clanton and Clanton Peryl M. Clanton, 361 Jasmine Street, Laguna Beach, was presented. The agreement is for purchase by the City HCDA Family of property located at 1981 Wallace Avenue for the Housing Project Housing and Community Act (HCDA) Family Housing Project, and stipulates a purchase price of $152,500.00. On motion by Councilman Johnson, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor and Clerk were authorized to execute said document on behalf of the City, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None EIR Guidelines On motion by Councilman Johnson, seconded by Council- woman Hertzog,.and carried, consideration of an Hearing Set amendment to the City'.s Environmental Impact Report (EIR) Guidelines, to provide for the City to contract Bid Item 460 Bids received for Bid Item 460, One Triplex Green Mower, Triplex Green are on file in the Clerk',s office. On motion by Coun- Mower cilman Johnson, seconded by Councilwoman Hertzog, the bid was awarded to Pacific Toro Distributing Company, Awarded to 19515 East Walnut Drive North, City of Industry, in the Toro Pacific amount of 6,349.00, being the lowest bid meeting speci- fications, by the following roll call vote: 1 1 1 directly with Environmental Impact Report consultants, was set for public hearing on August 18, 1980. Conference On motion by Councilman Johnson, seconded by Council - Advance woman Hertzog, a Conference Advance in the amount of $405.00, for a police officer to attend the Jail Oper- ations Course Conference in San Bernardino, August 25 through September 5, 1980, was approved by the follow- ing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Change Orders Change Orders 1 and 2 were presented, which amend the 1 and 2 contract between the City and Douglas Campbell Company, Post Office Box 5066, Fullerton, for construction of the Neighborhood Neighborhood Recreation Center located at 1845 Park Ave - Recreation nue. Change Order 1, in the amount of $13,550.14, Center provides for the following: (1) Change in the security and panic hardware within the building; (2) Additional. pipes so that the fountain design can be accomplished and adequate water supply provided; (3) Loop water - system around the entire building which will provide water hose bibs and drinking fountain lines which were not designed in the original drawing; and (4) Installa- tion of a motorized movable partition which will enable the two largest partitions to be mechanically operated. Change Order 2, in the amount of $696.90, is for the necessary electrical revisions to motorize two of the interior movable partitions. On motion by Councilman Johnson, seconded by Councilwoman Hertzog, the Change Orders were approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council.Members: None ABSENT: Council Members: None Budget On motion by Councilman Johnson, seconded by Council - Adjustment 81-02 woman Hertzog, Budget Adjustment 81-02 in the amount of $15,000.00, for installation of underground electrical service to the Downtown Community Center, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Lease for Eastman A request was presented from the Purchasing Agent for Kodak Copier continuation of the lease with Eastman Kodak Company, for a Kodak 150AF copier at an estimated annual cost of $18,000.00, with the City to be billed according to the State and Local Government Multi-year Pricing Plan. On motion by Councilman Johnson, seconded by Councilwoman Hertzog, authorization was given for rental of the sub- ject copier under the general terms and conditions specified for a two-year period which are on file in the office of the City Clerk, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Bid Item 460 Bids received for Bid Item 460, One Triplex Green Mower, Triplex Green are on file in the Clerk',s office. On motion by Coun- Mower cilman Johnson, seconded by Councilwoman Hertzog, the bid was awarded to Pacific Toro Distributing Company, Awarded to 19515 East Walnut Drive North, City of Industry, in the Toro Pacific amount of 6,349.00, being the lowest bid meeting speci- fications, by the following roll call vote: 1 1 1 1;V AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson None None Agreement - An agreement between the City and Y.S.P., Incorporated, Y.S.P. 2803 Royal Palm Drive, Costa Mesa, was presented. The Resolution 1113 agreement is for continued implementation of a juvenile Juvenile diversion program for the period commencing July 1, 1980, Diversion and terminating June 30, 1981. On motion by Councilman Program Johnson, seconded by Councilwoman Hertzog, the agreement was approved in the amount of $265,616.00, and the Mayor McFarland, Johnson and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, ABSENT: Council Members: None On motion by Councilman McFarland, seconded by Council - McFarland, Johnson End - NOES: Council Members: None Consent Calendar ABSENT: Council Members: None 72 -Hour Parking The Clerk presented for second reading and adoption Violations Ordinance 80-13, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING A POR - Ordinance 80-13 TION OF TITLE 10 OF THE COSTA MESA MUNICIPAL CODE Held Over CONCERNING THE REMOVAL .OF ILLEGALLY PARKED VEHICLES. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, this item was continued to the meeting of August 18, 1980, as recommended by the City Attorney. Uses and Standards On motion by Vice Mayor Hall, seconded by Councilman in the Industrial McFarland, Ordinance 80-15, being AN ORDINANCE OF THE Districts CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE Ordinance 80-15 AMENDING THE PERMITTED USES AND DEVELOPMENT STANDARDS Adopted FOR THE MG AND MP INDUSTRIAL DISTRICTS, was given second reading and adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Off=Street On motion by Vice Mayor Hall, seconded by Councilwoman Parking Hertzog, Ordinance 80-16, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING Ordinance 80-16 TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO REGULATE Adopted OFF-STREET PARKING, was given second reading and adopted 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 1113 Hertzog, Warrant Resolution 1113, including Payroll 8015, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None Warrant ABSENT: Council Members: None On motion by Councilman McFarland, seconded by Council - Resolution 1114 woman Hertzog, Warrant Resolution 1114 was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None GP -80-2B The City Attorney presented from the meeting of July 8, Perez 1980, a report on the possibility of allowing an illegal structure to remain.in connection with General Plan Amendment GP=80-2B, David Perez, for property located at 939-945 West 18th Street. The City Attorney referred to the "Confidential" memorandum dated July 30, 1980, which set forth the terms that were tentatively agreed to by Mr. Perez's attorney and would eliminate removal of the illegal structure. Rodolfo Montejano, 1600 North Broad- way, Santa Ana, attorney for Mr.. Perez, was present and confirmed that he and his client will agree to the City Attorney's proposal detailed in the above-mentioned memorandum. After brief discussion concerning the $1,000.00 fine and deed restriction requirement which are part of the terms of the subject proposal, a motion was made by Vice Mayor Hall, seconded by Councilwoman Hertzog,to approve the agreement recommended by the City Attorney. Further discussion ensued and Councilman Johnson suggested that a larger fine be imposed by the City because of the severity of Mr. Perez's actions. In order to allow the applicant's attorney an opportun- ity to speak, Vice Mayor Hall withdrew his motion and Councilwoman Hertzog withdrew her second. Mr. Montejano stated that Mr. Perez will be entering guilty pleas to two counts, constructing without a permit and adding to a nonconforming use, which carry a maximum fine of $500.00 each. Thereafter, Vice Mayor Hall again made the motion to approve the proposal detailed in the City Attorney's memorandum of July 30, 1980. The motion was seconded by Councilwoman Hertzog, but failed to carry, Council Members Schafer, McFarland, and Johnson voting no. Councilman McFarland stated that he would like to reconsider his vote, and on motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, the' request was granted. Vice Mayor Hall repeated his motion to approve the recommended proposal; it was seconded by Councilwoman Hertzog; and carried, Council Members Schafer and Johnson voting no. Request for The City Attorney requested that an Executive Session Executive be held for the purpose of discussing pending litiga- Session tion, and the Council agreed to hold said session after regular business was concluded. Police Tow Bids received for the Police Tow Contract are on file in Contract the Clerk.'s office. The Assistant City Manager referred to his memorandum of July 31, 1980, which outlined the Awarded to history of adopting a new franchise ordinance for place - Coast Towing ment of towing companies on the police rotation list; and Harbor contained an analysis of the four bids received; and Towing recommended that a contract be awarded to Rushco Enter- prises, Incorporated, doing business as Harbor Towing, 964 West 17th Street, Costa Mesa, and to Autocrash, Incorporated, doing business as Coast Towing Service, 132 Industrial Way, Costa Mesa. Attorney Donald Small- wood, 4631 Teller Avenue, Newport Beach, representative for G and W Towing, Incorporated, 740-B Ohms Way, Costa Mesa, stated that his client submitted the lowest bid on most items; referred to and read the City's Purchas- ing Rules and Regulations describing a "responsible bidder"; and pointed out that the longer hours of opera- tion of G and W Towing would be beneficial to the City for police towing services. In closing, Mr. Smallwood requested that if Council decided to award the contracts as recommended, that specific findings be made in refer- ence to the City's applicable ordinance. Attorney Cynthia Garrett, 4343 Von Karman Avenue, Newport Beach, representative for Mesa Tow Service, Incorporated, 2970 Grace Lane, Costa Mesa, stated that she had not received a copy of the aforementioned report by the Assistant City Manager, that Mesa Tow has now submitted all the necessary documents to obtain'a Certificate of Public Convenience and Necessity, and questioned the City's decision to award contracts to only two towing companies. 1 1 Ms. Garrett described the benefits of Mesa Tow oper- ations and stated her opinion that the Police Depart- ment did not contribute input on this matter. Thomas Gall, Manager of Harbor Towing, was present to answer questions from the Council, however, there were none. The Assistant City Manager, in responding to some state- ments made earlier, reported that only two towing com- panies were selected because it was the recommendation of the Police Department; that the Police Department has been an integral part of this process since the outset; and although opinions of the City's traffic officers was solicited, they were not used in determining award of the contracts. He further stated that his report was available to everyone, but only G and W Towing had asked for it. Dan Ashcraft, Mesa Tow Service, spoke in support of the services available at their facility. After brief discussion, a motion was made by Vice.Mayor Hall, seconded by Councilman McFarland, to award the police.towing contracts to Harbor Towing and Coast Towing, to authorize the City Manager to negotiate and sign the agreement for the services, based on the findings detailed in the Assistant City Manager's memo- randum of July 31, 1980, such as lowest responsible bidders, having adequate storage space, and meeting the needs of the Police Department and the public. The City Attorney, referencing Mr. Smallwood's earlier request for findings, recommended that Council authorize the City Attorney to create the findings; however, Mr. Smallwood withdrew his request. Thereafter, Vice Mayor Hall made an amended motion, seconded by Councilman McFarland, to award the contracts to the two companies recommended, to authorize the City Manager to negotiate and sign the agreement for the services, and to authorize the City Attorney to determine any necessary findings. The motion carried by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk presented, from the continued public hearing Mesa Tow of July 21, 1980, a request from Mesa Tow Service, Incorporated, 2970 Grace Lane, Costa Mesa, for a Certi- Towing Services ficate of Public Convenience and Necessity to provide towing services within the City of Costa Mesa. The Assi.stant City Manager referred to a memorandum from the Director of Finance dated August 1, 1980, which recommended that approval be given for said Certificate since the financial statement submitted by the applicant is adequate. There being no speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the request was approved. Recess The Mayor declared a recess at 7:55 p.m. and the meeting reconvened at 8:10 p.m. Public Hearing The Clerk announced that this was the time and place R-80-07 set for the public hearing for Rezone Petition R-80-07, Costa Mesa City Council, for permission to rezone proper- ty located at 250 West Wilson Street from R1 to PDR -LD (Planned Development Residential - Low Density). Environ- mental Determination: Negative Declaration adopted for General Plan Amendment GP -80-1A. The Affidavit of Publication is on file in the Clerk's. No communications have been received. A telephone call was received by the Planning Division from Clifford Rahling, who could not attend the meeting, opposing the PDR -LD zone. The Assistant Planning Director requested that discussion include the next item, Tentative Map for Tract 11157, to create an eight -lot R1 subdivision, because it involves 1 1 the same:property. Reference was then made to the Planning Division memorandum dated July 31, 1980, which detailed the history of the subject property since December, 1979, and also contained a chart comparing the requirements of the PDR -LD and Rl zones. The Planning Commission and Planning staff recommended denial of the Rezone Petition and approval of the Tentative Map. The Assistant Planning Director also pointed out that the Planning Commission amended Condition No. 1 for the Tentative Map and now provides that prior to issuance of building permits, any future development plans shall be reviewed by the Planning Commission (instead of Planning Division) to insure adequate protection of privacy for surrounding singl.efamily homes and provision of adequate off -,street guest parking. Added to Condition No. 1. was that the subject review shall also entail approval for removal of existing trees. The Planning Commission also added Condi.tion No. 10 which reads, "Seller shall incorporate into the deed for transfer of title to the property a restriction limiting height of the.uni.t structures to 24 feet". Jack Mullan, 2031 Mesa Drive, Santa Ana, applicant for Tentative Map for Tract 11157, representing the present owner of the subject property and the prospective buyer, spoke in support of retaining R1 zoning because he felt the PDR -LD zone would delay construction from three to four months. The following Costa Mesa citizens spoke in support of changing the zoning to PDR -LD: Harriet and Homer Brown, 255 Joann Street; William Monteleone, 2257 Columbia Drive; Anthony Skarbek, 2262 Avalon Street; David Lorenzini, former Planning Commissioner; and William Monteleone, Jr., 2269 Aval.on Street. Thomas Dorsey, 2604 Glenneyre, Laguna Beach, prospective buyer of the subject property, stated that he could not present plans for review by the neighbors or the City until it has been determined whether the zoning will remain Rl or be changed to PDR -LD. Mr. Dorsey responded to an inquiry from Mayor Schafer by advising that he could proceed with development with either Rl or PDR -LD zoning if a minimum of eight units were approved. There being no other speakers., the Mayor closed the public hearing. Councilman McFarland made.a motion to deny the request; however, the motion died for lack of a second. On motion by.Vice Mayor Hall, seconded by Mayor Schafer, Ordinance 80-17 Ordinance 80-1.7, being AN ORDINANCE OF THE CITY COUNCIL First Reading OF THE CITY OF COSTA MESA,.CALIFORNIA, CHANGING THE ZONING OF A -PORTION OF LOTS THREE AND FOUR OF TRACT NO. NINE FROM Rl TO PDR -LD, was given first reading, and second.reading is to be delayed until such time as the project has been approved. .The motion carried by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: Johnson ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place set Tentative Map for for the public hearing for Council review of Tentative Tract No. 11157 Map for Tract 11157, Jack W. Mullan, 3400 Irvine Avenue, Mullan Suite 101, Newport Beach, authorized agent for James H. Gregory, 17961 Cowan Street, Irvine, to create an eight - Held Over lot R1 subdivision for property located at 250 West Wilson Steet*The Affidavits of Publishing and Mailing .are on file in the Clerk's office.. No communications have been -received. In view of the action taken for the previous item, rezoning the subject property from R1 to PDR -LD, the Assistant Planning Director suggested that the applicant might want to withdraw his request or ask for a continuance. Jack Mullan responded that he would prefer a continuance. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried, 1 1 I this item was continued to the meeting of August 18, 1.980, as requested. Public Hearing The Clerk announced that this was the time and place set Permitted Uses for the public hearing to consider a proposed ordinance in Commercial amending Title 13 -of the Costa Mesa Municipal Code, Zones concerning permitted uses in Cl, C2, and PDC (Planned Development Commercial) commercial zones. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Assistant Plan- ning Director referred to the Planning Division's report dated July 31,.1980, which explains the four basic changes being proposed. The four areas of change include -storage warehouses and mini -warehouses; auto- motive, motorcycle, and boat dealerships (sales and service); automotive repair; and expansion of uses in the PDC zone. There being no speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, Ordinance 80-18 seconded by Councilwoman Hertzog, Ordinance 80-18, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE AMENDING THE PERMITTED USES FOR THE PLANNED DEVELOPMENT COMMERCIAL, CL, Cl, AND C2 COMMER- CIAL ZONES, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Weed Abatement set for the public hearing for the Weed Abatement Program and to receive the report from the Fire Chief showing the cost of removing the weeds, rubbish, and refuse. As required by law, prior to submitting said report to the City Council, a copy was posted for at least three days on the bulletin board at the City Hall with a notice of the time when the report would be submitted to the City Council for confirmation. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, seconded by Counilman Resolution 80-75 McFarland, Resolution 80-75, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT OF THE FIRE CHIEF OR HIS DESIGNEE, SHOWING THE COST OF REMOVING THE RUBBISH AND WEEDS AND REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE PARCEL OF LAND IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Speed Limit on The Clerk presented a request from Patricia Skillman, Hamilton Street 546 Hamilton Street, and a number of interested groups to reduce the speed limit on Hamilton Street, between Harbor Boulevard and Placentia Avenue, from 35 to 25 miles per hour, and to post Maple Street, Meyer Place, Bernard Street, and Charle Street for 25 miles per hour. The Traffic Commission recommended reduction of the speed limit on Hamilton Street only if enforce- able; the staff recommendation was that no change be made of the existing speed, and to investigate actions to remove potentially hazardous conditions on said street. The Director of Public Services reported that staff studies 'indicate that 35 miles per hour is an appropriate speed for Hamilton Street, and the City Attorney's report of July 31, 1980, states that if the City reduces the speed limit to 25 miles per hour with- out the support of an engineering or traffic survey justifying such a reduction, enforceability would be W, s unlikely. Mary Ann Scheidel; 665 Surf Street, Costa Mesa, spoke in support of reducing the speed to 25 miles per hour on Charle Street, Meyer Place, and Hamil- ton Street. Pat Skillman, gave a slide presentation showing the streets in the subject area, and stated her reasons for requesting the speed reduction. She also expressed her opinion that the speed survey done by the City in June, 1980, was not accurate. Ms. Skillman then submitted a Traffic Count Summary which was done at her request by Wilfred W. Recker, Professor of Engi- neering, University of California, Irvine. The survey was done in July, 1980, on Hamilton Street between Harbor Boulevard and Pomona Avenue, and showed a count of 4,393 vehicles in a 24-hour period. Ms. Skillman also submitted a petition containing 204 signatures requesting that Charle Street, Maple Street, Meyer Place, and Hamilton Street be posted for a speed limit of 25 miles per hour. Carlos Young, President of the Mesa West Homeowners Association, 918 Senate Street, Costa Mesa,- spoke in support of the reduced speed and also reported that Mary Hornbuckle, 2221 Raleigh Avenue, Costa Mesa, could not be present but wanted Mr. Young to report that she also favored lowering the speed limit on the above-mentioned streets. John Moran, 973 Arbor Street, Costa Mesa, stated that he too supported the lower speed limit. After'considerable discussion, a motion was made by Vice Mayor Hall, seconded by Mayor Schafer, directing staff to take steps to post Hamilton Street, between Placentia Avenue and Harbor Boulevard, with a 25 -mile -per -hour speed limit. Further discussion followed regarding the removal of hazardous conditions, and thereafter Vice Mayor Hall made an amended motion, seconded by Mayor Schafer, directing staff to remove the 35 -mile -per -hour signs on Hamilton Street, between Har- bor Boulevard and Placentia Avenue; to stencil 25 miles per hour on the pavement of said street at Placentia Avenue and Harbor Boulevard; and to remove potentially hazardous conditions. The motion carried by the follow- ing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: McFarland ABSENT: Council Members: None Redevelopment The Clerk presented for consideration compensation for Agency Members Redevelopment Agency Members for meeting attendance. Compensation On motion by Vice Mayor Hall, seconded by Councilman McFarland, authorization was given for a payment of $30.00 per member per meeting by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Low Rent Housing The Clerk presented a proposed resolution declaring the Measure result of the Low Rent Housing Measure which was con- solidated with the County of Orange Primary Election on June 3, 1980. On motion by Vice Mayor Hall, seconded by Resolution 80-76 Councilman McFarland, Resolution 80-76, being A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING THE RESULTS OF THE LOW -RENT HOUSING MEASURE WHICH WAS CONSOLIDATED WITH THE COUNTY OF ORANGE PRIMARY ELECTION ON JUNE 3, 1980, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None 1 MM ZE-79-125 The Clerk presented a request from Pacific Telephone Pacific Company, to delete a condition for land dedication on Telephone Orange'Avenue; in connection with Zone Exception ZE-79- 1253, for property located at 1786 Orange Avenue, in an AP zone. Environmental Determination: Exempt. The Assistant Planning Director in reviewing this project, reported that when approval was given for the Zone Exception, for a parking variance in conjunction with construction of an addition of 837 square feet to their facilities, a condition was imposed requiring dedication of all land 42 feet from the centerline of Orange Avenue. Thereafter, an opinion was received from the legal staff of the Public Utilities Commission indicating that since a portion of the land to be dedicated was situated under a switching station, the City could not require the dedication if it would result in the dispo- sition of or substantial change in the applicant's facilities. On July 28, 1980, the Planning Commission considered a request for waiver of the subject dedication, however, the Engineering Division requested that instead of eliminating this condition, that it be modified by requiring dedication of all land 35 feet from the center- line of Orange Avenue. This modification would not impact any existing structures or result in any sub- stantial change in the subject property, while it would facilitate -future widening of Orange Avenue. The Planning Commission recommended that Condition No. 3 be modified as follows, "Dedicate all land 35 feet from the center- line of Orange Avenue". Bill Clay, District Manager, Pacific Telephone Company, 250 Ogle Street, Costa Mesa, 'i-ntroduced Ed Mapes of Pacific Telephone, who stated that the dedication as modified was acceptable. On motion by Vice Mayor Hall, seconded by Councilwoman Hert=zog, and carried, the request to delete the condition for :land dedication on Orange Avenue was denied; and the. -modification of Condition No. 3 as stated earlier was approved. ZE-80-114 'The Clerk presented Zone Exception ZE-80-114, Wayne Southern Kraiss, authorized agent for Southern California Col - California lege, 55 Fair Drive, Costa Mesa, for a Conditional Use College Permit to allow an office building containing 15,000 square feet as an accessory use, for property located at 2525 Newport Boulevard, in an I and R, Institutional and Recreational, zone. Environmental Determination: Negative Declaration adopted for Zone Exception ZE-80-75. The Planning Commission recommended approval subject to conditions with the following modifications. Condition No. 3 was amended to read, "The mobile units shall be removed within two weeks after the release of occupancy of the new office". Condition No. 4 was amended to read, "Approval of this temporary trailer permit shall be contingent upon City Council approval of the proposed office building". Condition No. 19 was added and states, "Developer shall pay a required drainage fee of $280.00 per acre prior to the issuance of building permits". Mr. Kraiss was present and introduced Robert S. Borders, architect for the project. Brief discussion followed concerning Condition No. 3 which deals with providing a deceleration lane on Newport Boulevard at Campus Way. The applicant agreed to all conditions. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, the project was approved subject to all condi- tions as modified, including the addition of Condition No. 19, and based on the findings and analysis detailed in the Staff Report of July 28, 1980. Request to Appeal The Clerk presented a request to appeal the Planning ZE-79-86A - Rose Commission's denial of Zone Exception ZE-79-86A, from George W. and Necla Rose, 865 Warner Avenue, Los Hearing Set Angeles, for a variance from height requirements to E Councilmanic Comments Fire and Police Departments Commended allow a third story loft in conjunction with a previ- ously approved three -unit condominium project, for property located at 1569 Redlands Avenue, in an R2 zone. Environmental Determination: Exempt. Mrs. Rose was present to answer questions from the Council, however, there were none. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried, the request was granted and a public hearing was set for August 18, 1980, at 6:30 p.m. Councilwoman Hertzog commended the City.'s Fire Depart - merit on the excellent handling of the fire at ABC Lumber Company, and preventing its spreading to neighboring businesses. Councilwoman Hertzog also congratulated the City's Police Department for their outstanding per- formance in the Police Olympics by winning 24 medals. Adjournment to At 10:15 p.m., the Mayor adjourned the meeting to an Executive Session Executive Session in the first floor Conference Room for the purpose of discussing pending litigation. No action was taken. Adjournment At 11:50 p.m., the Mayor declared the meeting adjourned to an Executive Session on August 11, 1980, at 5:00 p.m., in the fifth floor Conference Room of City Hall to dis- cuss pending litigation. JOA Mayor of the City of Cos -Ah Mesa ATTEST: City Clerk of the City of Costa Me LJ 1 1