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HomeMy WebLinkAbout10/06/1980 - City CouncilMW Roll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 6, 1980 The City Council of the City of Costa Mesa, California, met in regular session on October 6, 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 Lothar V. Tornow, Christ Lutheran Church. Council Members Present: Schafer, Hall, Hertzog, McFarland, Johnson Council Members Absent: None Officials Present: City Manager, Assistant City Attorney, Development Services Director, Director of Public = Services, City Clerk Minutes = On motion by Councilman McFarland, seconded by Council - September 15 and woman Hertzog, and carried, the minutes of the regular September 29, meeting of September 15, 1980, and the adjourned regular 1980 meeting of September 29, 1980, were approved as dis- tributed and posted as there were no corrections. Ordinances A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried, to read all ordinances by title only. Former Planning Mayor Schafer presented City plaques to former Planning Commissioners Commissioners Maureen DiDomenico and David Lorenzini; Commended former Commissioner DeLane Thyen was unable to attend the presentation. On behalf of the Council, Mayor Schafer commended the former City officials for their outstanding work during their terms on the Planning Commission. CONSENT CALENDAR. On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, all items in the Consent Calendar 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 DR -80-08 A letter from Steven L. Stern, attorney for Ali Roushan, Roushan concerning pending litigation in connection with Devel- opment Review DR -80-08, for property located at 1550 Superior Avenue, was referred to the City Attorney. Reading Folder The following Reading Folder items were received and processed: Claims The following claims were received by the City Clerk and no action was required: Jerry Y. Bell; Rosalie Cohen; Attorney John J. Doody on behalf of Ila.Jean McMillan; Richard Chapin Holroyd; Attorney Murray Palitz on behalf of Roberta G. Kelly; Brian Anthony Krips; Attorney Robert L. Sassone on behalf of Leon and Carol McClain; and William C. Orr. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi - Licenses sion: Robert M. Keller, Dewayne Kirksey, and i 1 1 John R. Williams, doing business as The Outer Inn, 1033 E1 Camino Drive; Kyu Sul and Myung Ja Kim, doing business as Party Time Liquor, 1548-A Adams Avenue; and Pronto Ristorante CM, Incorpor- ated, doing business as Pronto Restaurante, 3333 Bristol Street. Use of School Communication from the City of Anaheim requesting Properties support of a proposed resolution which will be submitted by the City of Redondo Beach at the League of Cities Conference in October, 1980, proposing that legislation be introduced to clarify public use of school facilities, includ- ing fees, if any, school districts may charge. Orange County A resolution from the City of Stanton urging CALTRANS Governor Edmund C. Brown, Jr., to sign Senate District Bill 512 creating an Orange County CALTRANS District. Traffic Letter from Chester King, 1658 Iowa Street, Costa Commission Mesa, expressing his views on selection of appli- Appointments cants for the Costa Mesa Traffic Commission. Public The following Notices of Application have been Utilities received from the Public Utilities Commission: -Commission Application No. 59929 from Southern California Gas Company, for determination that applicant acted reasonably in buying certain volumes of gas from Pacific Interstate Transmission Company, and to decrease revenues to offset changed gas costs under its approved purchased gas adjustment procedures, resulting from adjustments in the price of natural gas purchased from Transwestern Pipeline Company, E1 Paso Natural Gas Company, Pacific Gas and Electric Company; and to adjust revenues under the supply adjustment mechanism to reflect greater than anticipated collection of revenues due to increases in natural gas supplies. Application No. 59933 from Southern California End - Edison Company, for authority to extend its tax Reading Folder change adjustment clause. Business Permits Notice of Intention to Appeal or Solicit for Charitable Purpose from the American Cancer Society, 4030 Birch American Cancer Street, Suite 101, Newport Beach, by holding a one -day Society bike-a-thon and soliciting pledges on October 25, 1980, was approved subject to one condition of the Revenue Division. Terry.'s A request from Terry's, 2901 Harbor Boulevard, Costa Mesa, for a dance permit at that address, was approved subject to conditions of the Revenue Division. Junior League A request from The Christmas Company, Junior League of Newport Harbor, 1428 Keel Drive, Corona del Mar, to hold a four-day Christmas gift show at the Orange County Fairgrounds, November 3 through 6, 1980, was approved subject to conditions of the Revenue Division. Permit A request from Santa Ana Presbyterian Korean Church, 1144 South Broadway, Santa Ana, to use TeWinkle Park Santa Ana on November 1, 1980; for their annual picnic and bazaar, Presbyterian was approved subject to conditions of the Leisure Ser - Korean Church vices Department. Set for Public The following items were set for public hearing on Hearing October 23', 1980, at 6:30 p.m., in the Council Chambers of City Hall: 8 ME R-80-09 Rezone Petition R-80-09, R and R Concepts, autho- R and R Concepts/ rized agent for Al Gussin, 327 East Richland Gussin Street, Orange, for permission to rezone property located at 1953 and 1955 Anaheim Avenue from R2 to R3. Environmental Determination: Negative Declaration. Underground Formation of Underground Utility District No. 14, Utility District Harbor Boulevard from Sunflower Avenue to Mac - No. 14 Arthur Boulevard. Claims - Rejected On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried, the claim of Dennis Cain was Cain rejected. Riedmann On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried, the claim of Wayne R. Riedmann was rejected. Sacre On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried, the claim of Vickie Rose Sacre was rejected. 1 Final Map for The Final Map and a Subdivision Agreement were presented Tract 10957 for Tract 10957, P. I. and I., Incorporated, 13919 P. I. and I. Struikman Road, Cerritos, developer; 1.61 acres, 20 lots and Lot "A", located at 2459 and 2473 Orange Avenue, for condominium purposes. On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, the map was approved; the Council did accept on behalf of the public the dedica- tion of Orange Avenue for street purposes; did accept on behalf of the City of Costa Mesa the easement for ingress and egress for emergency vehicles over Lot "A" as dedicated; approved subject map pursuant to the provisions of Section 66436(c)(1) of the Subdivision Map Act; the Clerk was authorized to sign said map, and the Mayor and Clerk were authorized to execute the Subdivision agreement 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 Notice of Construction of the'l7th Street Storm Drain, Phase II, Completion has been completed by WESTCO Construction, Post Office 17th Street Box 5957, Mission Hills, to the satisfaction of the Storm Drain Director of Public Services. On motion by Councilwoman Phase II Hertzog, seconded by Vice Mayor Hall, the improvements were accepted; the Clerk was authorized to file a Notice of Completion; authorization was given to release the contract retention less liquidated damages assessed when "Stop Payment Notice" presently in force is released by the material supplier; and the bonds were ordered exon- erated 35 days after the Notice of Completion has been filed. The motion carried by the following roll call vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson None None Agreement - Stevens An agreement was presented between the City of Costa Mesa and Donald E. Stevens, Incorporated, 1828 Fuller - Engineering ton Avenue, Costa Mesa, in an amount not to -.exceed Services - 17th $7,000.00, for engineering services in connection with Street Drainage drainage improvements north of 17th Street between Tustin and Irvine Avenues. On motion by Councilwoman Hertzog;.seconded by Vice Mayor Hall, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call i 1 vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson None None Senate Bill 821 On motion by Councilwoman Hertzog, seconded by Vice Bicycle Trails Mayor Hal 1, Resolution 80-92, being A RESOLUTION OF THE Funds CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN Resolution 80-92 FUNDS AUTHORIZED UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Assessment The following actions were taken in connection with District 80-1 Assessment District No. 80-1, Sunflower Avenue/MacArthur Boulevard: A proposed resolution making appointments to provide services in Assessment District No. 80-1, was presented. On motion by Councilwoman Hert- Resolution 80-93 zog, seconded by Vice Mayor Hall, Resolution 80-939 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MAKING APPOINTMENTS FOR PROCEEDINGS IN A SPECIAL ASSESS- MENT DISTRICT, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Agreement - POD An agreement was presented between the City and POD, Incorporated, 1327 North Broadway, Santa Ana, Landscape and for landscape/irrigation services in connection Irrigation with the subject district. On motion by Council - Services woman Hertzog, seconded by Vice Mayor Hall, 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: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement was presented between the City and Willdan Willdan Associates, 1020 South Anaheim Boulevard, Anaheim, for assessment engineering services. On Engineering motion by Councilwoman Hertzog, seconded by Vice Services Mayor Hall, 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: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement was presented between the City and Walden Walden and Associates, Incorporated, 4002 West Garry Avenue, Santa Ana, for civil engineering Civil Engineering services in connection with the subject assessment Services district. On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: f AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson None None Agreement - An agreement was presented between the City and Pacific Soils Pacific Soils Engineering, Incorporated, 17909 Engineering Fitch Street, Irvine, for geotechnical engineer- ing services for the subject district. On motion Geotechnical by Councilwoman Hertzog, seconded by Vice Mayor Engineering Hall, the agreement was approved, and the Mayor. Services and Clerk were authorized to sign 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 Bid Item 463 Bids received for Bid Item 463, Pruning of Street Trees, Pruning Trees are on file in the Clerk'.s office. On motion by Coun- cilwoman Hertzog, seconded by Vice Mayor Hall, the bid Awarded to was awarded to Tip Top Tree Service, 1202 East Sixth Tip Top Tree Street, Santa Ana, in the amount of $24,000.00, being Service 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 Bid Item 465 Bids received for Bid Item 465, Sun Control Film for Sun Control City Hall, are on file in the Clerk's office. On motion Film by Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried, all bids were rejected, and authorization Bids Rejected was given to re -bid this item with revised specifica- tions. Bid Item 466 Bids received for Bid Item 466, Television Equipment Television for the Police Department, are on file in the Clerk's Equipment office. On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, the bid was awarded to Educational Awarded to Electronics Corporation, 2206 South Fairview Street, Educational Santa Ana, in the amount of $10,711.403, being the lowest Electronics 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 Cooperative On motion by Councilwoman Hertzog, seconded by Vice Purchasing Mayor Hall, Resolution 80-94, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,. Resolution 80-94 AUTHORIZING THE PURCHASE OF CERTAIN ITEMS AS A MEMBER OF A COOPERATIVE PURCHASING GROUP COMPOSED OF VARIOUS CITIES, SCHOOL DISTRICTS, AND OTHER TAX SUPPORTED ENTITIES, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None R-80-06 On motion by Vice Mayor Hall, seconded by Councilman Southern Cali- McFarland, Ordinance 80-143, being AN ORDINANCE OF THE fornia College CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF THE SOUTHERLY 4.46 ACRES OF Ordinance 80-14 PARCEL 1 AS SHOWN ON PARCEL MAP S-74-04 FROM I AND R AND Adopted R4 TO R3; 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 1 1 I 1 Warrant On motion by Councilman McFarland, seconded by Vice Resolution 1119 Mayor Hall, Warrant Resolution 1119, including Payrolls 8019 and 8020, 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 Councilman McFarland, seconded by Vice Resolution 1120 Mayor Hall, Warrant Resolution 1120 was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Adjournment, At 6:45 p.m., the Mayor adjourned the meeting to an to Executive Executive Session in the City Clerk's office for the Session purpose of discussing pending litigation and personnel .matters; no action was taken. The regular meeting reconvened at 8:00 p.m. Memorandum of The City Manager presented a Memorandum of Understanding Understanding dated October.2, 1980, between the City and the Costa Mesa City Employees Association for increases in salary, Employees City -paid retirement, time and one-half for overtime, Association and other incidental provisions over a two-year period, for an average annual increase of approximately 9.5 percent. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the Memorandum of Under- standing was received and filed. Employee Salaries Resolution 80-95 Executive Salaries Resolution 80-96 The City Manager presented a proposed resolution to implement salary adjustments for maintenance, clerical, and technical/professional employees, representing an increase of 8.75 percent. On motion by Vice Mayor Hall, seconded by Councilman McFarland, Resolution 80-95, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, ESTABLISHING THE BASIC PAY SCHEDULE, ESTAB- LISHING THE RATES OF PAY FOR CLASSIFICATIONS AND EMPLOYEES PLACED UNDER THE BASIC PAY SCHEDULE, effective October 5, 1980, was. adopted by the following roll call vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson None None The City Manager recommended salary adjustments for the City's executive personnel, representing an average increase of 6.7 percent, effective October 5, 1980; and City -paid retirement effective December 14, 1980. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, Resolution 80-96, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, ESTABLISHING RATES OF PAY FOR EXECUTIVE PERSONNEL, was adopted 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 ZE-80-109, RA -80-11 set for the public hearing for review of Zone Exception Greyshock ZE-80-109, Redevelopment Action RA -80-11, Phillip R. Greyshock, 620 Terminal Way, Costa Mesa, for a Condi- tional Use Permit for outdoor activity and storage at that address, in an MG zone. Environmental Determina- tion: Exempt. The Affidavits of Publishing and Mailing are on file in the Clerk',s office. No communications have been received. The Development Services Director reviewed the previous actions taken by the Planning Com- mission and Redevelopment Agency, and stated that since there was a conflict in regard to Condition Nos. 10 and 17, Council action was necessary. On July 14, 1980, the Planning Commission recommended approval of the permit with Condition Nos. 4, 5, and 9 deleted; and the addi- tion of Condition No. 17, "Hours of operation for the proposed use shall -be limited to 7:00 a.m. to 9:00 p.m. daily, including weekends". At the Redevelopment Agency meeting of September 3, 1980, the request was approved with conditions; deleting Condition Nos. 4, 5, and 9 as recommended by the Planning Commission; deleting Condition No. 10 requiring construction of trash enclosures; and amending Condition No. 17 by changing the hours of outdoor activity from 8:00 a.m. to 5:00 p.m. weekdays only. The applicant was present and advised that there were times when emergencies arose and it was necessary to work beyond 5:00 p.m. He also stated that his operation was being blamed for noises of other businesses, and expressed his willingness to work out the problem with the neighbors. Mr. Greyshock also submitted a letter from Mrs. Poldi Sisolak, 1762 Kenwood Place, stating that in 14 years, the applicant had always cooperated in keeping noise to a minimum. Bill Turpit, 631 Shalimar Drive, which is north of the subject property, spoke in support of the hours limita- tion approved by the Redevelopment Agency, and also stated that noises created by saws at the carpentry shop, located on the subject property, could be heard at 7:00 a.m., including Saturdays. Ms. Georgie Jones, 400 Tustin Avenue, Newport Beach, owner of property at 625 and 631 Shalimar Drive, read from her letter to the Council alleging continual noise disturbances and emission of exhaust fumes from the subject property. Steve Widmayer, 625 Shalimar Drive, Apt. 3, stated that noise from the boat works has decreased, but noise from the carpentry shop has increased. He further advised that noises from the saws were heard as early as 7:00 a.m. and on weekends. The Development Services Director pointed out that only Mr. Greyshock '.s business was under consideration, and that if Council wished to impose conditions on the carpentry operation, they must do so separately. Mr. Greyshock stated that although the permit was for his boat business only, he was will- ing to speak to the owner of the carpentry shop and attempt to have the noise curtailed and hours limited. The applicant reiterated his earlier request that he be allowed to operate after. 5:00 p.m. in cases of emer- gencies. There being no other speakers, the Mayor closed the public hearing. Based on the findings, analyses, and recommendations contained in the Staff Report of July 14, 1980, a motion was made by Vice Mayor Hall, seconded by Councilman McFarland, and carried, to approve the Conditional Use Permit subject to all condi- tions with the exception of Condition Nos. 4, 59 9, and 10, which were deleted; and amending Condition No. 17 to allow outdoor activity from 8:00 a.m. to 5:00 p.m. on weekdays, but that these hours may be exceeded for cer- tain necessary occasions. Public Hearing The Clerk announced that this was the time and place ZE-80-124, RA -80-12 set for the public hearing for review of Zone Exception Weisshaar ZE-80-124, Redevelopment Action RA -80-12, Mr. and Mrs. Michael Weisshaar, 459 Magnolia Street, Costa Mesa, for a variance for reduction in required parking, variance from driveway width and setback requirements, and Redevelopment Agency approval to convert a residence to commercial use, for property located at 167 Cabrillo Street, in a CL zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the Clerk's office. No communications have been received. The Development Services Director advised that on August 25, 1980, the Planning Commission recom- mended approval of the Zone Exception subject to condi- tions detailed in the Staff Report. On September 3, 1980, the Redevelopment Agency approved RA -80-12, how- ever, Condition Nos. 1 and 2 were deleted; Condition No. 7 was approved with a six-month period for completion of improvements; and Condition Nos. 10, 12, and 13 were approved with a nine-month period for completion of improvements. Because of the conflict pertaining to the conditions, it was necessary to bring this item to Council for review. The applicant was present and agreed to the conditions as amended. There being no other speakers, the Mayor closed .the public hearing. On motion by Vice Mayor Hall, seconded the Councilwoman Hertzog, and carried, the Zone Exception and Redevelop- ment Action were approved subject to conditions as amended by the Redevelopment Agency. Public Hearing The Clerk announced that this was the time and place set Appeal of for the public hearing for the appeal of the Planning ZE-80-119 Commission.'s denial of Zone Exception ZE-80-119, from Davis/Clark Robert Davis, 23501 Park Sorrento, Suite 212, Calabasas Park, authorized agent for Roland T. Clark, 231 Agate Held Over Avenue, Balboa Island,.for a Conditional Use Permit for a massage parlor and health spa, with variance from, required parking, located ,at 2112 Harbor Boulevard in a Cl zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the Clerk's office. A communication has been received from Curt Hubert, 234 East 17th Street, Costa Mesa, support- ing the Planning Commission.'.s denial of the request. The Associate Planner summarized the history of the subject property dating back to 1973 as detailed in her memorandum to the Council dated October 29 1980, which also included attachments consisting of Staff Report of August 11, 1980, leases, police reports, and copies of advertisements, all of which are on file in the Clerk's office. Robert J. Davis, attorney for the applicant, stated,that a lease has existed since 1973, and that there has been no change in -activity. Mr. Davis made suggestions for conditions to be imposed by Council if they approved the request. Stanley Eagle, 11791 Red Hill Avenue, Santa Ana, advised that he had attempted to purchase the subject business earlier in the year, and related the series of problems he encountered during the transaction, resulting in present litigation. A motion was made by Vice Mayor Hall, seconded by Council- man McFarland, and carried, to continue this item to the meeting of November 3, 1980. Public Hearing The Clerk announced that this was the time and place Agreement -with set for the public hearing to consider a cooperation Orange County agreement between the City of Costa Mesa and the Orange Housing Authority County Housing Authority, for implementation of Measure "J" (Article 34) in the primary election held on June Held Over 3, 1980. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, this item was continued to the adjourned meeting of October 23, 1980. Public Hearing The Clerk announced that this was the time and place set Harbor Towing for the public hearing to consider a request from Harbor Rate Increase Towing, 964 West 17th Street, Costa Mesa, for a rate increase for towing services. The Affidavit of Publica- tion is on file in the Clerk's office. No communica- tions have been received. The applicant was present but there were no questions from the Council. Discussion followed during which time the Assistant City Manager responded to questions from the Council concerning the ��8 contracts the City has with the applicant and Coast Towing for police tow services. David Balfour, 634 Hamilton Street, Costa Mesa; referred to an article in the Los Angeles Times regarding questionable activities and outrageous charges made by towing companies in some Orange County cities. The Assistant City Manager responded that the City of Costa Mesa had an ordinance governing these practices and invited Mr. Balfour to review the document. There being no other speakers, the Mayor closed the public hearing. A motion was made by Councilman McFarland to deny the rate increase, but the motion died for lack of a second. Vice Mayor Hall made a motion, seconded by Councilwoman Hertzog, to approve the increase proposed by the applicant. Coun- cilman Johnson stated he felt the increase was premature but would approve it if the effective date was approxi- mately December 1, 1980. Vice Mayor Hall suggested a compromise date of November 1, 1980, and Councilman Johnson agreed. Vice Mayor Hall made an amended motion, seconded by Councilwoman Hertzog, to approve the rate increase effective November 15 1980. The motion car- ried, Councilman McFarland voting no. Public Hearing The Clerk announced that this was the time and place set Coast Towing for the public hearing to consider a request from Coast Rate Increase Towing, 132 Industrial Way, Costa Mesa, for an increase in rates for towing services. The Affidavit of Publica- tion is on file in the Clerk'.s office. No communica- tions have been received. The applicant was present but there were no.questions from the Council. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, seconded by Councilman John- son, and carried, Councilman McFarland voting no, the proposed rate increases were approved, with an effective date of November 1, 1980. Public Hearing Appeals Procedure Ordinance 80-19 First Reading The Clerk announced that this was the time and place set for the public hearing to consider a proposed ordinance amending Titles 2,10, and 13 -of the Municipal Code regarding the appeals procedure. The Affidavit of Publication is on file in the Clerk's office. No com- munications have been received. The Development Services Director referred to a memorandum from the Planning staff, dated September 29, 1980, which explains that the proposed ordinance implements the direction given by Council consolidating a number of previous appeals procedures into a single procedure, establishing a seven-day appeal period for all decisions, amending notice requirements to require that notice of an appeal be the same as the notice required for the application being appealed, eliminating the need to establish pro- cedural error or new evidence, and amending the appeal period for Zone Exception permits in the Redevelopment Area to be consistent with the appeal period for Rede- velopment Actions. Appeal fees will be established by a resolution which will be brought before the Council prior to the effective date of the ordinance. There being no speakers,the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Vice Mayor Hall, Ordinance 80-19, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLES 2, 10, AND 13 OF THE COSTA MESA MUNICI- PAL CODE, REGARDING APPEALS PROCEDURES, was given first reading and passed to second reading by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson None None Historical The Clerk presented a request from the Costa Mesa His- 1 1 1 Society torical Society, Post Office Box 1764, Costa Mesa, to find a site for the Paularino School/Shiffer house Held Over which must be moved. Trudy Ohlig, 3080 Johnson Avenue, Costa Mesa, Vice President of the Society, was present to answer questions from the Council, and submitted a report concerning preservation of historical buildings. After brief discussion, a motion was made by Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried, referring this request to the City Manager for study, with a report to be submitted at the meeting of October 23, 1980. ZE-79-65A2 The Clerk presented Zone Exception ZE-79-65A2, Jot Martin Associates, 445 South Two Town Center Lloyd, Albert C. and Associates Figueroa Street, Los Angeles, authorized agent for Two Town Center Associates, 3315 Fairview Road, Costa Mesa, for amendment`to the Master Plan for the Town Center to increase the permitted square footage of Blocks "E" and "F"; a Conditional Use Permit to incorporate small car parking spaces into approved parking areas of Two Town Center; a request to delete Condition No. 6 of Zone Exception ZE-79-65 regarding an additional freeway off -ramp; and approval of building elevations for two restaurants and a theater, located at 655 Anton Boule- vard, in a TC zone. Environmental Determination: Environmental Impact Report accepted February 10, 1978. The Planning Commission and Planning staff recommended approval subject to conditions, and approval of the building elevations. Jot Lloyd, authorized agent, and Greg Butcher, C. J. Segerstrom and Sons, showed the site _ plans and elevations for the project. Based on the - findings, analyses, and recommendations outlined in the .' Staff Report dated September 22, 1980, a motion was,made - by Vice Mayor Hall, seconded by Councilman Johnson, and carried, approving the increased square footage in Blocks "E" and "F" from 715,000 to 727,956 square feet; approving incorporation of small car parking spaces as requested; Condition No. 6 was deleted based on the finding that elimination of a future off -ramp is miti- gated by traffic improvements under way on Bristol Street, and as a result of these improvements, deletion of the condition will not result in a significant nega- tive environmental impact; and approving building elevations. Request to Appeal The Clerk presented a request from Jerrel Barto, 2082 ZE-79-34AA - Southeast Bristol Street, Suite 108, Santa Ana, to Whittier Avenue appeal the Planning Commission's decision in connection Development with Zone Exception ZE-79-34AA, Whittier Avenue Develop- ment Corporation, 1765 Whittier Avenue, Costa Mesa, to Hearing Set consider alternative modifications to an industrial condominium approved under Zone Exceptions ZE-79-34 and ZE-79-34A, including possible reduction in parking spaces, and inclusion of a retaining wall, for property located at 1765 Whittier Avenue in an MG zone. Environ- mental Determination: Negative Declaration adopted for ZE-79-34. On motion by Councilman McFarland, seconded by Vice Mayor.Hall, and carried, the request was granted and a public hearing set for October 23, 1980, at 6:30 P.M. Adjournment The Mayor declared the meeting adjourned at 10:30 p.m. Mayor of the City of Cos a Mesa ATTEST: = City Clerk of the City of Costa sa