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HomeMy WebLinkAbout10/23/1980 - Adjourned City Council Meeting1 1 Roll Call Minutes October 6, 1980 Ordinances Dog Nuisance Reading Folder ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 23, 1980 The City Council of the City of Costa Mesa, California, met in adjourned regular session on October 23, 1980, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, said meeting having been ad- journed from the regular meeting of October 20, 1980, for lack of a quorum, and a copy of the Notice of Ad- journment having been posted as required by law. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Conrad Nordquist, St. John the Divine Episcopal Church. Council Members Present: Council'Members Absent: Schafer, Hall, Hertzog, McFarland, Johnson None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried, the minutes of the regular meeting of October 6, 1980, were approved as distributed and posted as there were no corrections. A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, to read all ordi- nances by title only. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 17(e), Sculpture for the Neighborhood Recreation Center; and Item 18, Compensa- tion to Planning Commissioners for six meetings in the month of November. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, 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 A letter from Andrew I. Whitney, 1630-A Iowa Street, Costa Mesa, concerning a dog nuisance in his neighbor- hood, was referred to the Police Department. The following°Reading Folder items were received and processed: Claims The following claims were received by the City Clerk and no action was required: Ward Invest- ment, Incorporated; Attorney Thomas W. Hood, on behalf of Westbluff Village Homeowners Associa- tion; Attorney Raymond J. Ikola, on behalf of Jack and Jean Park, Donald A. Montgomery, Gerald and Mona Odegaard, and Magdeleno Valdivia; State Farm Insurance Company, on behalf of Gordon Schopt; Automobile Club of Southern California, on behalf of John and Sheryl Lauer; and Carol M. Winders. kJ� 100 Alcoholic Alcoholic Beverage License application from Beverage Ohanes Adessian and Ard Keuilian, for business Licenses located at 2502 Harbor Boulevard, which is being protested by the Planning Division until such time as applicants obtain a Conditional Use Permit. Alcoholic Beverage License application from Lance Otto Gorze; for business located at 2175 Newport Boulevard; which is being protested by the Planning Division until such time as Mr. Gorze obtains a Conditional Use Permit. Odd -Even Gas A resolution from the City of Orange urging the Distribution Governor to lift the odd -even gas distribution system immediately. Western Union Notice from'Western Union Telegraph Company that Proposed Tariff Application No. 59979 was filed on October 1, Changes 1980, with the Public Utilities Commission to revise its rates applicable to public message telegram services in conformity with similar End - Reading tariff provisions applicable to interstate ser - Folder vices. Business Permits Notice of Intention to Appeal or Solicit for Charitable Purpose from Jewish War Veterans Post No. 680, 1128 Jewish War Rutland Road, Suite 2, Newport Beach, by sale of arti- Veterans ficial poppies at various locations, November 1 through 119 1980, was approved with application of Section 9-234J of the Costa Mesa Municipal Code. Good Shepherd Notice of Intention to Appeal or Solicit for Charitable Lutheran Home Purpose from Good Shepherd Lutheran Home, 23442 E1 Toro Road, El Toro, by collecting reusable household and personal items to be sold at their thrift shop, from October 1, 1980, through October 1, 1981, was approved through December 31, 1981. California_ Request from California Cooperage, Post Office Box "E", Cooperage San Luis Obispo, to hold a three-day promotion of spas and hot tubs at the Orange County Fairgrounds, November 1 through 3, 1980, was approved. Inter -Shows Request from Inter -Shows; Post Office Box 3334, San Clemente, to conduct a one -day swap meet of motorcycle parts at the Orange County Fairgrounds on December 6, 1980, was approved subject to one condition of the Revenue Division. Set for Public The following items were set for public hearing on Hearing November 3; 1980, in the Council Chambers of City Hall, 77 Fair Drive: Revised Boundaries Joint meeting of the City Council and the Costa for Project Area Mesa Redevelopment Agency, to be held at 6:15 No. 1 p.m., to consider a proposed Redevelopment Plan Amendment which revises the boundaries for Project Area No. 1 (Downtown Project Area), by including blighted parcels which are necessary for the effectuation of the Redevelopment Plan and are adjacent to the existing project area boundaries. G and W Towing A request from G and W Towing, Incorporated, Rate Increase 740-B Ohms Way, Costa Mesa, for an increase in rates for towing services. Claims - Rejected On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, the claim of Gilbert and Edwards Barbara Edwards was rejected. Blender On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, the claim of Arline Blender was rejected. Britten On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, the claim of Todd M. Britten was rejected. Stone On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, the claim of Mabel Stone was rejected. Murphy On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, the claim of Warren Donald Murphy was rejected. Conference On motion by Councilwoman Hertzog, seconded by Council - Advance man McFarland, a Conference Advance in the amount of $235.003, for a police captain to attend the California Peace Officer All Committee Conference, October 29 through 31, 1980, was 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 Councilwoman Hertzog, seconded by Council - Adjustment 81-12 man McFarland, Budget Adjustment No. 81-12, in the amount of $40,000.00, to establish adequate appropria- Shiffer Park tion for bank and sidewalk construction at Shiffer Park, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None S-79-380 A request was presented from Olen Properties Corpora - Olen Properties tion, 130 McCormick Avenue, Costa Mesa, to substitute Savings Pass Book No. 7915, in the amount of $24,000.00, in lieu of Labor and Material and Performance Bonds. totaling $22,000.00, to guarantee sewer improvements in connection with Parcel Map S-79-380, for property located at 1765 Whittier Avenue. On motion by Council- woman Hertzog, seconded by Councilman McFarland, the Savings Pass Book was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Tract 10095 A request was presented from Salmonson and Gangi, Post Salmonson and Office Box 13143, Newport Beach, to substitute Perform- Gangi ance, Labor and Material, and Monumentation Bonds totaling $10,500.00, in lieu of a cash deposit for the same amount, to guarantee improvements in Tract 10095, for property located at 2157 Pacific Avenue. On motion by Councilwoman Hertzog, seconded by Councilman McFar- land, the bonds were accepted, and the cash deposit was ordered exonerated, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Tract 10513 Improvements in Tract 10513 by Foley Construction Com - Foley pany, 2101 East Fourth Street, Suite 100, Santa Ana, for property located at the northwest corner of Bear Street and Yukon Avenue, have been completed to the satisfac- tion of the Director of Public Services. On motion by 1-02, Councilwoman Hertzog, seconded by Councilman McFarland, the work was accepted; and the bonds were ordered exon- erated, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Right Turn Lane on The Director of Public Services has recommended the Harbor Boulevard following: approval of Change Order No. 1, in the amount of $1,526.54; and acceptance of the improvements Change Order No. 1 in connection with construction of a right turn lane on Harbor Boulevard (northbound) at Fair Drive by Jerry Cross Paving, Incorporated, 264 Sherwood Street, Costa Mesa. The change order is necessitated by encounter of wet subgrade within the project limits. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, Change Order No. l was approved; the Clerk was autho- Notice of rized to file a Notice of Completion; and the bonds Completion were ordered exonerated.35 days after the Notice of Completion has been filed. 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 Prohibition The Traffic Commission has recommended prohibition of of Parking on parking along the easterly curb of Vanguard Way for 40 Vanguard Way feet on both sides of the Southern California College driveway, in order to improve sight distance for exiting vehicles. On motion by Councilwoman Hertzog, seconded Resolution 80-97 by Councilman McFarland, Resolution 80-97, being A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF VANGUARD WAY, was -adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Prohibition The Traffic Commission has recommended prohibition of of Parking on parking along the northerly curb of Industrial Way, from Industrial Way Superior Avenue to 150 feet easterly, because of new curb construction which widened the street at its approach to a recently signalized intersection. On motion by Councilwoman Hertzog, seconded by Councilman Resolution 80-98 McFarland, Resolution 80-98, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF INDUSTRIAL WAY, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Prohibition The Traffic Commission has recommended prohibition of of Parking on parking along the easterly curb of Ludington Street for Ludington Street 50 feet south of Fayette Circle, Grand Haven Circle, Marquette Circle, Pierpont Drive, Sturgeon Drive, and Traverse Drive, in order to improve sight distance for vehicles entering Ludington Street from side streets. On motion by Councilwoman Hertzog, seconded by Council - Resolution 80-99 man McFarland, Resolution 80-99, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF LUDINGTON STREET, 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 1 i Removal of Parking The Traffic Commission has recommended removal of park - Prohibition on ing prohibition for street sweeping along both curbs of Knox Place Knox Place, between Orange and Santa Ana Avenues, due to Awarded to a petition received from residents showing heavy opposi- All American tion to the prohibition. On motion by Councilwoman Asphalt Hertzog, seconded by Councilman McFarland, Resolution Resolution 80-100 80-100, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REMOVING PROHIBITION OF PARKING ON A PORTION OF KNOX PLACE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: Detectors on AYES: Council Members: Schafer, Hall, Hertzog, Red Hill Avenue McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Stop Signs on The Traffic Commission has recommended installation of Loyola Road at two-way stop signs on Loyola Road at Villanova Road, Villanova Road replacing the existing yield signs, because of reduction of vision due to shrubbery. On motion by Councilwoman Resolution 80-101 Hertzog, seconded by Councilman McFarland, Resolution 80-101, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF STOP SIGNS ON LOYOLA ROAD AT VILLANOVA ROAD, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Bid Item 468 Bids received for Bid Item 468, Instant Dry Traffic Line Traffic Line Paint, are on file in the Clerk's office. On motion by Paint Councilwoman Hertzog, seconded by Councilman McFarland, the bid was awarded to Bauer Coatings and Chemicals Div - Awarded to ision, Whittaker Corporation, Post Office Box 31352, Los Bauer Coatings Angeles, in the amount of $6,293.22 including tax, being and Chemicals 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 469 Bids received for Bid Item 469, Janitorial Services for Janitorial the City Hall Complex, are on file in the Clerk's office. Services On motion by Councilwoman Hertzog, seconded by Council- man McFarland, the bid was awarded to Universal Building Awarded to Maintenance Company, Incorporated, 1226 West Fifth Universal Building Street, Santa Ana, in the amount of $4,820.00 per month, Maintenance being the lowest bid meeting specifications, by the fol- lowing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Street Maintenance Bids received for Street Maintenance 1979-80 (Phase II) 1979-80 (Phase II) and 1980-81, involving street resurfacing of various and 1980-81 streets throughout the City, are on file in the Clerk's office. On motion by Councilwoman Hertzog, seconded by Awarded to Councilman McFarland, the contract was awarded to All All American American Asphalt, 932 Town and Country Road, Orange, in Asphalt the amount of $787,584.00, 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 Detectors on Bids received for Installation of Detectors and Push - Red Hill Avenue buttons on Red Hill Avenue at Baker Street and at Paularino Avenue, are on file in the Clerk',s office. On Awarded to motion by Councilwoman Hertzog; seconded by Councilman Smith Electric McFarland, the contract was awarded to Smith Electric Supply Supply, Post Office Box 68, Stanton, in the amount of $11,617.00, 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 Demolition of Bids received for Demolition of the Fire Station at 111 Fire Station Rochester Street are`on file in the Clerk's office. On motion by Councilwoman Hertzog, seconded by Councilman Awarded to McFarland, the contract was awarded to Sunset Demolition, Sunset Incorporated, 1141 North Cosby Way, Suite "H", Anaheim, Demolition in the amount of $6;800.00, 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 Architectural, Bids received for Architectural Services for the Civic Services - Civic Center Annex are on file in the Clerk's office. On Center Annex motion by Councilwoman Hertzog, seconded by Councilman McFarland, the contract was awarded to Boyle Architec- Awarded to Boyle tural Associates, -1501 Quail Street, Newport Beach, in Architectural the amount of $78;000.00, by the following roll call Associates vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Sculpture for Item 17(e) on the Consent Calendar was presented, a Neighborhood recommendation from the Director of Leisure Services Recreation that a contract be awarded to Robert Ortlieb, 11111 Center Jerry Lane, Garden Grove,.in an amount not to exceed $603,000.00 including installation, for a sculpture for Awarded to the Neighborhood Recreation Center. The sculpture will Robert Ortlieb be approximately six feet in height and weigh approxi- mately 1,000 pounds. During discussion, Vice Mayor Hall expressed his opposition to expending City funds for this project, and suggested private funding. Council- woman Hertzog stated that it was a matter of community- ommunity-pride prideto have the artwork installed. A motion was made by Councilwoman Hertzog, seconded by Councilman Johnson, to award the contract as recommended. The motion carried'by the following roll call vote: AYES: Council Members: Schafer, Hertzog, McFarland, Johnson NOES: Council Members: Hall ABSENT: Council Members: None Additional Item 18 on the Consent Calendar was presented, a request Compensation for authorization to compensate the City's Planning for Planning Commissioners for six meetings during the month of. Commissioners November. In addition to the four regular meetings, a special joint meeting with the City Council has been scheduled for November 12, 1980, as well as a special Denied Planning Commission public hearing on November 15; 1980. Mayor Schafer expressed her opposition to the request, stating that in view of the recent increase in compensation per meeting; payment for a maximum of five meetings was reasonable. A motion was made by Councilwoman Hertzog, seconded by Councilman Johnson, stipulating compensation.for Planning Commissioners to be for a maximum of five meetings per month; no compen- sation for additional meetings. The motion carried by the following roll call vote: 1 1 105 End - Consent Calendar AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson None None Appeals On motion by Vice Mayor Hall, seconded by Councilman Procedure McFarland, Ordinance 80-193, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 80-19 AMENDING TITLES 2, 10, AND 13 OF THE COSTA MESA MUNICI- Adopted PAL CODE, REGARDING APPEALS PROCEDURES, 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 Increase in Golf The Clerk presented a communication from Robert G. Course Fees MacEwan, President of the Costa Mesa Seniors Golf Asso- ciation, 1648-B Iowa.Street, Costa Mesa, requesting that the increase in green fees at the Costa Mesa Golf Course, which are to become effective November 1, 19803% be postponed or canceled until after the November Study Session. Said effective date for the increases was approved at the Council meeting of June 16, 1980. Mr. MacEwan was present and requested that the rate in- creases be delayed because more time was needed to study the Golf Course Rate Schedule Survey which was done by the Leisure Services Department staff. Mayor Schafer responded that this matter could be trailed until later in the meeting in order for the group to review the document. During discussion, Council Mem- bers concurred that the increases should go into effect as scheduled, but that other alternatives be studied. Elvin Hutchison, 2281 Fordham Drive, Costa Mesa, requested that the time restriction for senior citizen play be removed. Dick Foster, 1884 Rhodes Drive, Costa Mesa, spoke in opposition to the increase in November, stating that once the increase took effect there would be little chance of fee reduction. Mr. Foster further stated that at the meeting of June 16, 1980, Council had set the senior monthly fees at the Los Lagos course at $30.00. Mr. -Foster also requested that the time restriction be removed. Mr. MacEwan came forward again and read the figures he had for the rate increases dis- cussed at the meeting of May 19, 1980, and amendments made at the meeting of June 16, 1980. The City Manager requested that the minutes of the June 16 meeting be produced, and after examination, he verified that the monthly seniors fee for the Los Lagos course was set at $30.00. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, requested that the Council study this matter further. A motion was made by Vice Mayor Hall, seconded by Coun- cilman Johnson, and carried, that the City Manager's staff meet with the Costa Mesa Seniors Golf Association for the purpose of exploring other alternatives for golf course fees, with a report to be submitted to the Council at the earliest possible date. In response to Councilwoman Hertzog's inquiry, clarification was made that the action of June 16, 1980, to implement the fee increases November 1, 1980, remained unchanged. Warrant On motion by Councilman McFarland, seconded by Vice Resolution. 1121 Mayor Hall, Warrant Resolution 1121, including Payroll 8021, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Emergency Service The City Manager presented a proposed ordinance which and Disaster Plan would update the City.' -.s emergency service and disaster 10 Mark Sloate and the Pinkley's Recognized Ordinance 80-20 First Reading plan; and advised that the proposed ordinance would be used as a model for other Orange County cities. The City Manager further stated that Jack Polans had re- quested citizen participation for the update, and in response, a copy of the proposed plan was sent to Mr. Polans approximately six weeks ago with a request for his suggestions in writing. While waiting for the first speaker to come to the podium, Mayor Schafer recognized newly -appointed Traffic Commissioner Mark Sloate, and former Mayor Alvin Pinkley and his wife, Lucy. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, expressed his opinion that he should have been allowed to work with the staff in compiling the updated plan. Mayor Schafer responded that the City had not received his written suggestions but he still had time for input prior to adoption of the proposed ordinance. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, Ordinance 80-20, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING TITLE 6 OF THE COSTA MESA MUNICIPAL CODE RELATING TO EMERGENCY ORGANIZATION AND FUNCTIONS; was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson None None Preservation The City'Manager presented from the meeting of October of Historical 6, 1980, a request from the Costa Mesa Historical Buildings Society, Post Office Box 1764, Costa Mesa, to find a site for the Paularino School/Shiffer house, and recom- mended that all historical landmarks be discussed in conjunction with the General Plan hearings. The City Manager referred to a report dated October 17, 1980, requested by the Council at the October 6 meeting, which details two primary matters:, (1) Should the City become actively involved in the preservation of historically significant buildings/sites; (2) If the City desires an active role in the preservation of historical landmarks, how should it proceed and what form of financial commit- ments are appropriate.: Conclusion of the report was that unless time is of an absolute premium to establish the City's position on the preservation of historical structures/sites, that this matter be considered within the context of the General Plan adoption. Trudy Ohlig, Vice President of the Historical Society, 3080 Johnson Avenue, Costa Mesa, was present to answer questions from the Council, and stated that moving of the Shiffer house depended upon when the property is sold. Former Mayor Alvin Pinkley,'1833 Fullerton Avenue, Costa Mesa, spoke in support of preserving the subject building. The City Manager suggested that the Historical Society and City staff work together to establish an adequate program for funding of such projects. RFP No. 467 The City Manager recommended that selection be made of, Data Processing a consultant for updating the City.'s Data Processing Master Plan Master Plan. Proposals received for RFP (Request for Update Proposals) No: 467, Ten -Year Computer Master Plan, are on file in the Clerk.'s office. 'On motion by Councilman Awarded to McFarland, seconded by Vice Mayor Hall, the contract was Coopers and awarded to Coopers and Lybrand, 1000 West Sixth Street, Lybrand Los Angeles, in an amount not to exceed $27,500.002 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 F1 1 Al 4­0"r r JLR-F Public Hearing The Clerk announced the public hearing, continued from Agreement with the meeting of October 6, 1980, to consider a coopera- Orange County tive agreement between the City of Costa Mesa and the Housing Authority Orange County Housing Authority, for implementation of Measure "J" (Article 34), approved in the primary elec- Held Over tion held on June 3, 1980. Vice Mayor Hall expressed opposition to the wording of the proposed resolution to approve said agreement, and made several suggestions to modify the document. After brief discussion, a motion was made by Vice Mayor Hall, seconded by Council- woman Hertzog, and,carried, to continue this item to the meeting of November 17, 1980, in order to allow suffi- cient time for the'Vice Mayor, City Manager, and City Attorney to draft a modified resolution which would fit the needs of the City. Recess The Mayor declared a recess at 8:15 p.m., and the meet- ing reconvened at 8:25 p.m. Public Hearing The Clerk announced that this was the time and place set R-80-09 for the public hearing for Rezone Petition R-80-09, R. andR Concepts/ R and R Concepts, 234 East 17th Street, Suite 205, Costa Gussin Mesa, authorized agent for Al Gussin, 327 East Richland Street, Orange, for permission to rezone property located at 1953 and 1955 Anaheim Avenue from R2 to R3. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communi.cations have been received. The Development Services Director reviewed the application detailed in the Staff Report dated September 22, 1980. The subject property contains 21,570 square feet which exceeds the standards for R3 zoning, and combination of the two parcels is encouraged by the Housing Element. The Planning Commission and Planning staff recommended approval. 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 Councilman McFarland, seconded by Mayor Schafer, the Negative Declaration of Environmental Impact was Ordinance 80-21 adopted; Ordinance 80-21, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF 1953 AND 1955 ANAHEIM AVENUE, FROM R2 TO R3, was given first reading; and second reading and adoption of the Ordinance was ordered continued until after the two parcels have been combined. 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 announced that this was the time and place set Appeal of for the public hearing to consider the appeal of Jerrel ZE-79-34AA Barto, 2082 Southeast Bristol Street, Suite 108, Santa Olenicoff/Whittier Ana, in connection with Zone Exception ZE-79-34AA, Igor Avenue Development Olenicoff/Whittier Avenue Development Corporation, 130 McCormick Avenue, Suite 113, Costa Mesa, for alternative modifications to an industrial condominium approved under Zone Exceptions ZE-79-34 and ZE-79-34A, including reduction in number of -parking spaces, and inclusion of a retaining wall, for property located at 1765 Whittier Avenue, in an MG zone. Environmental Determination: Negative Declaration adopted for Zone Exception ZE-79-34. The appellant, Mr. Barto, has interest in property adjacent to the subject property. The Affi- davits of Publishing and Mailing are on file in the Clerk's office. No communications have been received. The Development Services Director reviewed the back- ground of the condominium project which originated in March, 1979, and is fully detailed in the Staff Report dated August 25, 1980. The Director informed the Council that litigation was pending concerning grad- ing of the parcel north of the subject property and other issues. In response to Vice Mayor Hall's question concerning the height of the retaining wall, the Devel- opment Services Director advised that a six-foot fence is required between residential and industrial parcels; and Vice Mayor Hall stated that it was his opinion that the wall should be no less than eight feet when adjacent to residential property. Jerrel Barto's attorney, Phillip Kohn, law firm of Rutan and Tucker, 401 Civic Center Drive West, Santa Ana, submitted lengthy documen- tation to support the appellant's request to reverse the Planning'Commission's approval of the modifications. Vice Mayor Hall- asked if there were any objections to the reduction in parking, and Mr. Kohn replied there were none. Mr. Kohn proceeded to summarized the documen- tation he had submitted which was a history of the actions between the former owners of the subject prop- erty and Mr. Barto's property, and the dispute between the present owners'on such matters as easements, drain- age, grading, and recent installation of curbs and gutters by Mr. Olenicoff. At the request of the Mayor, the City Attorney clarified some of the issues pertain- ing to the reduction of 16 parking spaces so that a three-part retaining wall could be constructed, and drainage requirements (which is not a consideration at this hearing). The Development Services Director stated that approval of plans for construction of the retaining wall are technical matters which are handled by the staff and do not come before the Planning Commission or Council. The Director also advised that since there was excessive parking provided under the original plan, the reduction of 16 parking spaces was not significant because the remaining parking still exceeds the minimum requirements. Victor Newton, Assistant Building Safety Director for the City, stated that he spoke with Mr. Olenicoff earlier in the day concerning installation of curbs at this time, and Mr. Olenicoff informed him that since this item was under appeal and he was unsure of the outcome, he was installing the curbing as approved, and performing other work to catch any silt run-off in case of rain. Mr. Newton also answered questions from Vice Mayor Hall concerning the retaining wall. Igor Olenicoff and Jerrel Barto were both present and each related their viewpoint of the problems which have arisen between them. Mr. Barto further stated that he was withdrawing his appeal and requested that the application be approved. Mr. Olenicoff advised that he would work with the staff in regard to construction of the retaining wall.' There being no other speakers, the Mayor closed the public hearing. Based on the. analysis, finding, and recommendations contained in the Staff Report, with the additional finding that the modifica- tion of the site plan and reduction in parking will not be detrimental to the surrounding property, a motion was made by Vice Mayor Hall, seconded by Councilman McFarland, to approve the zone exception. The .motion carried unanimously. Public Hearing The Clerk announced that this was the time and place set Underground for the public hearing to consider the formation of Utility District Underground -Utility District No. 14, on Harbor Boulevard No. 14 - Harbor from Sunflower Avenue to MacArthur Boulevard. The Affi- Boulevard davit of Publication is .on'fi'le in the Clerk's office, and notices of the hearing were sent to the affected property owners as required by law. No communications have been received. The Director of Public Services stated that the City of Santa Ana and the City of Costa Mesa are proposing to use $100,000.00 each from future Edison Company allocations, while C. J. Segerstrom has agreed to fund the balance of the costs which amount to Resolution 80-102 Selection of Developer for Family Housing approximately $200,000.00.. He also advised that the expected time of completion for this project is prior to July 1, 1982. Malcolm Ross of C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, spoke in support of the project and answered questions from the Council. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, secon8ed by Councilman Johnson, Resolution 80-102, being A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER 14 ON HARBOR BOULEVARD FROM SUNFLOWER AVENUE TO MacARTHUR BOULEVARD, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council -'Members: None ABSENT: Council Members: None The Clerk presented'a request for Council confirmation of the Redevelopment Agency's selection of the develop- ment firm of-Coles-Shapell, 701 West 16th Street, Costa Mesa, as the City's exclusive agent to prepare an appli- cation for approximately 50 units of family housing and submit same to the Federal Department of Housing and Urban Development. On motion by Councilman Johnson, seconded by Councilwoman Hertzog, select ion of Coles- Shapell was ratified, and authorization was given to prepare and execute a Development and Disposition Agree- ment. 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 Oral = Jack Polans, 2864 Royal Palm Drive, Costa Mesa, asked Communications :' that the Council take action on his request of July 8, 1980, that the City use The Register Newspaper for City City publications. A motion was made by Vice Mayor Hall, Publications"-- seconded by Councilwoman Hertzog, to continue to use the Daily Pilot Newspaper for City publications, and not consider use of The Register. The motion carried unanimously. Transcript Jack Polans also asked why he was charged by the City Charges for reproducing portions of a City Council meeting onto his own tape. Vice Mayor Hall responded that the taxpayers of the City should not have to pay for staff time required to monitor the taping which is for his private use. Fairgrounds Jack Polans referred to the lawsuit which the City filed Lawsuit against the 32nd District Agricultural (Fairgrounds), contending that said lawsuit was lost by the City, and requesting information of the cost of the litigation. At the request of the Mayor, the City Attorney clarified the legal actions which were taken in this matter, with the result that the two agencies signed an agreement a few months earlier, resolving the problems which insti- gated the lawsuit. The City Attorney further advised that he did not have an estimate of the man hours involved, that it was considerable, but without those ` efforts it would not have been possible to reach the agreement made between the Council and the Fair Board. Mr. Polans asked that the cost be furnished to him by the Director of Finance, and Mayor Schafer responded that Council and staff have tried to cooperate with him, but that this request seemed unnecessary. Mr. Polans stated he would submit his usual letter to the Council. 11 Agreement with Douglas Toohey, 1149 E1 Camino Drive, Costa Mesa, Orange County commended Vice Mayor Hall on his stand earlier in the Housing Authority meeting to amend the proposed resolution to approve an agreement with the Orange County Housing Authority for implementation of Measure "J", approved in the June 3 Primary Election. Public Hearing Mr. Toohey suggested modifications to the public hearing Proceedings proceedings whereby citizens,would be allowed more time to speak, even after a motion was on the floor; or, have a two-step public hearing: first, discussion by the Council; second, public input. Mayor Schafer responded that it.has been a practice to re -open the public hearing if the public wanted to present addi- tional information. The Mayor thanked Mr. Toohey for his suggestions. Councilmanic Councilman Johnson thanked the Planning staff for all Comments the assistance he has received from them. All the Council Members expressed their appreciation to the City Staff Commended staff for their efforts. Councilman Councilwoman Hertzog, on behalf of all Council Members, McFarland commended Councilman McFarland on the occasion of his Commended being selected as a director for the California League of Cities. Adjournment The Mayor declared the meeting adjourned at 10:05 p.m. a� LJ"�L A_ _ Mayor of the City of Cos a Mesa ATTEST: City Clerk of the City of Costa M a 1 1