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HomeMy WebLinkAbout11/03/1980 - City Council Special MeetingIli SPECIAL JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY AND REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 3, 1980 The City Council of the City of Costa Mesa, California, and the Costa Mesa Redevelopment Agency met in special session on November 3, 1980, at 6:15 p.m., in the Coun- cil Chambers of City Hall, 77 Fair Drive, Costa Mesa, notice having been duly given as required by law, said meeting having been called for the purpose of holding a public hearing on amendment of the Redevelopment Plan. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Councilman Ed McFarland. Roll Call Council and Agency Members Present: Schafer, Hall, Hertzog, McFarland, Johnson Council and Agency Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk, Agency Executive Director, Agency Attorney Public Hearing The Mayor announced that this was the time and place set Redevelopment for the public hearing to consider an amendment to the Plan Amendment Redevelopment Plan, which revises the boundaries for Project Area No. 1 (Downtown Project Area) by the addi- tion of approximately 24,800 square feet to the existing project area. The Affidavit of Publication is on file in the Clerk'.s office, and notifications have been sent by Certified Mail to all property owners within the Project Area, pursuant to Section 33452 of the Califor- nia Health and Safety Code. No communications have been received. The proposed amendment includes blighted parcels which are necessary for the effectuation of the Redevelopment Plan, and are adjacent to the existing parcel area boundaries. Jean Robins, 1807 Tahiti Drive, Costa Mesa, asked questions regarding the location of the proposed addition, and development of the subject property. David Tingler, Attorney at Law, 500 Newport Center Drive, Newport Beach, representing Mr. and Mrs. Mike Riley, owners of property at 487 Bernard Street, stated that his clients did not want their property included in the Redevelopment Plan; that they wanted to continue to operate their business and to develop the property themselves at a later time. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, seconded by Councilman McFarland, the Report of the Redevelopment Agency for the Redevelopment Plan Amendment was accepted; and Ordinance 80-22 Ordinance 80-22, being AN ORDINANCE OF THE CITY COUNCIL First Reading OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING ADDITION NO. 3 TO THE EXISTING COSTA MESA REDEVELOPMENT PROJECT AREA NO. 1 (DOWNTOWN PROJECT AREA), 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 fr',211 I Adjournment The Mayor declared the joint special session of the City Council and Redevelopment Agency adjourned at 6:25 p.m. Council Meeting The City Council of the City of Costa Mesa reconvened in regular session'at.6:30 p.m. The meeting was called to order by the Mayor. Roll Call Council Members Present: Schafer, Hall, Hertzog, McFarland, Johnson Council Members Absent:. None Minutes On motion by Vice Mayor Hall, seconded by Councilman October 20, 1980, Johnson, and carried, the minutes of the regular meeting and October 235, of October 203, 1980, and the adjourned regular meeting 1980 of October 23, 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 by title only. CONSENT CALENDAR. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, all items in the Consent Calendar were approved in one motion by the following roll call vote: AYES: Council, Members: Schafer, Hall, Hertzog, NOES: Council Members: ABSENT: Council Members: McFarland, Johnson None None Retirement Plan On motion by Councilman McFarland, seconded by Council - Actuarial Report woman Hertzog, and carried, the Actuarial Valuation Report prepared by William M. Mercer, Incorporated, 3303 Wilshire Boulevard, Los Angeles, concerning the Costa Mesa Employee Retirement Plan, was received and filed. 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: Attorney Norman L. Hallquist, on behalf of Debra Bontemps; Ronald Rasimas; and Attorney William M. Crosby, on behalf of Carl Johnson. Alcoholic Alcoholic Beverage'License Applications for which Beverage parking has been approved by the Planning Divi - Licenses sion: Hyo Jook Paik, doing business as Mr. Fish and Chips, 295 East 17th Street; Gerald J. and Patricia M. Haruki, doing business as Milk Palace, 840 West 19th Street; Shaukat A. Ali and Salim A. Chagan, doing business as California Wine Vault, 695 Town Center Drive, Suite 170; and End - Dick -O -Incorporated, doing business as Newport Reading Folder Station, 1945 Placentia Avenue, Building "C". Business Permit A request from Angulo, Morris and Associates, 5300 Orange Avenue, Suite 223, Cypress, to promote a rodeo Angulo, Morris for the benefit of the Association of Deputy Marshals of Orange County, to be held at the Orange County Fair- grounds on November.15 and 16, 1980, was approved sub- ject to one condition of the Revenue Division. Claim - Rejected On motion by Councilman McFarland, seconded by Council - Edison Company woman Hertzog, and carried, the claim of Southern Calif- ornia Edison Company. -Mas rejected. Change Orders 2, The Director of Public Services has recommended approval 3, and 5 - Bristol of the following change orders to the contract with Street Widening Sully -Miller Contracting Company, 6145 Santiago Canyon iJr- 3 Road; Orange; in connection with the Bristol Street widening of the southbound approach to the San Diego Freeway: Change Order No. 2, in the amount of $3,631.00, to add -.a two -foot, three-inch concrete barrier on top of the retaining wall; Change Order No. 3, in the amount of $1,525, to bore a temporary conduit across Bristol Street in order to continue street lighting service while lights are being relocated and rewired; and Change Order No. 51 in the amount of $4,900.00, for additional slope work due to a difference between the plans and actual field conditions. Change Orders No. 1 and No. 4 do not involve the City's portion of the project. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the change orders were approved as recommended by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Change Orders 3 The Director of Public Services has recommended approval and 4 - South of the following change orders to the contract with Coast Drive Griffith Company, Post Office Box B -T, Irvine, in con - Assessment nection with South Coast Drive Assessment District 79-01: District 79-01 Change Order No. .3, in the amount of $8,025.72, for vari- ous underground utility relocations and site work; and Change Order No. 41 in the amount of $6,563.21, for additional transport of excavated material. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the change orders were approved as recommended by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Final Map for The Final Map and a Subdivision Agreement were presented Tract 11148 for Tract 11148, Quiet Bay Homes, developer, 2914 East Quiet Bay Homes Katella Avenue, Suite 203, Orange; 0.40 -acre, one lot, located at 2182 Pacific Avenue, for condominium purposes. On motion by Councilman McFarland, seconded by Council- woman Hertzog, the map and agreement were approved; the Council did accept on behalf of the City of Costa Mesa, the ingress and egress easement for emergency and security purposes as dedicated; did also approve said map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; the Clerk was authorized to sign subject map; and the Mayor and Clerk were authorized to execute the 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 Establishing The Director of Public Services has recommended that the Name for Private street leading to the May Company entrance in South Street - South Coast Plaza, opposite the Interstate 405 off -ramp, north - Coast Plaza, bound, be formally recognized as South Coast Plaza, a private street. A sign structure will be erected across the northbound Freeway off -ramp designating the desti- nation street for each lane on the off -ramp. The sign structure is consistent with CALTRANS policies and pro- cedures. On motion by Councilman McFarland, seconded Resolution 80-103 by Councilwoman Hertzog, Resolution 80-103, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A NAME FOR A PRIVATE STREET LOCATED WEST OF BRISTOL STREET AND EXTENDING WESTERLY FROM THE INTERSECTION OF BRISTOL STREET AND THE SOUTHBOUND 405 FREEWAY OFF -RAMP, was adopted by the following roll call vote: II AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson None None Bond Exoneration The Director of Public Services has recommended that the Rescinded - 17th Council rescind their prior authorization of October 6, Street Storm 1980, to exonerate bonds 35 days after filing a Notice Drain - Westco of Completion, in connection with construction of the 17th Street Storm Drain by Westco Construction, Post Office Box 59579 Mission Hills. Additional claims against the contractor have been filed with the City, and these claims exceed the retention funds presently being held. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, authorization to exonerate the bonds was rescinded 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 "A" Bids received for Bid Item 465 "A", Sun Control Film, Sun Control Film are on file in the Clerk's office. On motion by Coun- cilman McFarland, seconded by Councilwoman Hertzog; the bid was awarded to Bell Associates, 3303 Harbor Boule- vard, Suite J2, Costa Mesa, in the amount of $14,000.00, 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 Bid Item 470 Bids received for Bid Item 470, Rotary Lawn Mowers, are Rotary Lawn on file in the Clerk,'s office. On motion by Councilman Mowers McFarland, seconded by Councilwoman Hertzog, the bid was awarded to Toro Pacific Distributing Company, 19515 East Awarded to Walnut Drive North, City of Industry, in the amount of Toro Pacific $229770.00 for three mowers, being the lowest bid meet- ing 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 472 Bids received for Bid Item 472, Furnishing and Spreading Fertilizer 55 Tons of Fertilizer, are on file in the Clerk's office. On motion by Councilman McFarland, seconded by Council - Awarded to woman Hertzog, the bid was awarded to Robinson Ferti- Robinson lizer Company, 1460 North Red Gum Road, Anaheim, being Fertilizer the lowest bidder meeting specification, by the follow- ing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Canyon Community Bids received for Canyon Community Park Phase 1 Site Park Phase 1 Improvements are on file in the Clerk.'s office. On Site Improvements motion by Councilman McFarland, seconded by Council- woman Hertzog, the contract was awarded to Thomsen Land - Awarded to scape, Post Office Box 805; Woodland Hills, in the Thomsen Landscape amount of $242,221.00, 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 Contract Renewal The Purchasing Agent has recommended continuation on for BOSS System year-to-year basis of the Building Operations Service System (BOSS) contract with Honeywell, Incorporated, 1 1 1 15 6620 Telegraph Road; Los Angeles, at a cost of $725.00 per month. On motion by Councilman McFarland, seconded by Councilwoman Hertzog; the recommendation 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 On motion by Councilman McFarland, seconded by Vice and Disaster Plan Mayor Hall, Ordinance 80-20, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 80-20 REVISING TITLE 6 OF THE COSTA MESA- MUNICIPAL CODE RELAT- Adopted ING TO EMERGENCY ORGANIZATION AND FUNCTIONS, 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 R-79-05 On motion by Vice Mayor Hall, seconded by Councilman Fairbrother Johnson, Ordinance 79-9, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING Ordinance 79-9 THE ZONING OF A PORTION OF LOT 20, FAIRVIEW FARMS, FROM Adopted R2 TO R3, in connection with Rezone Petition R-79-05, for property located at 2065 Charle Street, 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 Prohibition The Clerk presented a communication from Donald Huebner, of -Parking on 250 East 16th Street, Costa Mesa, owner of property at Santa Ana Avenue 2686 and 2696 Santa Ana Avenue, protesting parking pro- hibition along the easterly curb of Santa Ana Avenue at Mesa Drive for 200 feet southerly. The Director of Public Services stated that since the prohibition was authorized in June, 1980, traffic flow has improved. Donald Huebner was present and stated his opinion that the red curbing makes it more difficult to enter and exit the driveway of his property; his tenants have a right to park on the street; the parking prohibition has promoted speeding; 24=hour prohibition was exces- sive; and speed limit of 35 miles per hour should be reduced to 25 miles per hour. After Council discussion, a motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried,.to continue the pre- sent parking prohibition with monitoring of the area to be conducted by staff, and after a six-month period, this item is to be brought back to the Traffic Commis- sion for review. Warrant On motion by Councilman McFarland, seconded by Council - Resolution 1122 woman Hertzog, Warrant Resolution 1122, including Pay- roll 8022, 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 Councilwoman Hertzog, seconded by Mayor Resolution 1123 Schafer, Warrant Resolution 1123 was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None 116 Memorandum of The City Manager presented a Memorandum of Understanding Understanding dated October 28, 1980, between the City and the Costa Mesa Police Association for salary increases, City -paid Police retirement, time and one-half for overtime, and other Association incidental provisions over a two-year period, for an average annual increase of 10.4 percent. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the Memorandum of Understanding was received and filed. Employee The City Manager presented a proposed resolution to Salaries implement salary adjustments for sworn and non -sworn employees of the Costa Mesa Police Department, and to establish a new classification of Paralegal -Secretary. On motion by Councilman McFarland, seconded by Council - Resolution 80-104 woman Hertzog, Resolution`80-104, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING THE RATES OF PAY FOR CLASSIFICATIONS AND EMPLOYEES PLACED UNDER THE BASIC PAY SCHEDULE, 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 the public hearing, continued from ZE-80-119 the meeting of October 6,,1980, to consider the appeal Davis/Clark of the Planning Commission.'s denial of Zone Exception ZE-80-119, from Robert Davis, 23501 Park Sorrento, Denied Suite 212, Calabasas Park, authorized agent for Roland T. Clark, 231 Agate Avenue, Balboa Island, for a Condi- tional Use Permit for a massage parlor and health spa, with variance from required parking, located at 2112 Harbor Boulevard in a Cl zone. Environmental Deter- mination: Exempt. A petition containing 97 signatures has been received from the Costa Mesa Senior Citizen's Club, Post Office Box 1200, Costa Mesa, in opposition to the request. The Associate Planner summarized her memorandum dated October 30, 1980, concerning informa- tion obtained since the Council meeting of October 6, 1980: filing of a.lawsuit in Superior Court by Mr. J. Collins in connection with the subject business; an arrest on charges of soliciting money for sexual acts; continued display of illegal signs; broken window and chipped plaster repaired and trash removed from rear of property; conflicting data regarding the number of people employed by the massage parlor. The memorandum further states that the identity of the operators has not been received from either Mr. Davis or Mr. Clark, Jr. The following persons spoke in opposition to the request: Mike Lennon, 21 Prosa Street, Irvine, Pastor of the Orange Coast Christian Fellowship, and former 10 -year resident of'Costa Mesa; Rick Delgado, 767 Olympic Avenue, Costa Mesa; Jerry Hague, 160 East 20th Street, Costa Mesa; Barbara Toohey, 1149 E1 Camino Drive, Costa ,Mesa; Robert Green, 3163 Canadian Drive, Costa Mesa; Rod Neel, 1950 Wallace Avenue, Costa Mesa, Jean Robins, 1807 Tahiti Drive, Costa Mesa; and John Yundt, 2262 Rutgers Drive, Costa Mesa. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, spoke concerning the relationship between prostitution and organized crime. Robert Davis, Attorney at Law and authorized agent for the applicant, stated that in connection with the recent arrest at the subject business, he doubted if a conviction would be obtained. Mr. Davis further commented on the parking requirements and produced'a lease agreement between David Webb, owner of Hub Auto Supply, 2120 Harbor Boule- vard, and Thomas Wade, President of Los Angeles College of Massage and Physical Therapy, Incorporated, doing business as Atlantis;,2112 Harbor Boulevard, wherein Hub will lease parking spaces for three vehicles to F� 1 1 1 1 i Atlantis at a cost of $20.00 per space per month. He also stated that Hub Auto_Supply offered to lease addi- tional spaces if needed and that two other businesses in the area had offered to do the same. Mr. Davis stated that the applicant would be willing to close the business until all conditions of the Council are met. In connection with parking, the Associate Planner advised that under the City's recent off-site parking ordinance, 16 spaces are now required at the subject property; a Conditional Use Permit is needed for use of off-site Parking in order to -conform with the ordinance; and . that any businesses allowing use of'their required parking spaces must obtain a variance. Considerable discussion followed during which time Mr. Davis answered questions from the Council concerning hours of operation, which are from 8:00 a.m. to 4:00 a.m., and number of employees on the premises at one time. There being no other speakers, the -Mayor closed the public hearing. A motion was made by Vice Mayor Hall, seconded by Council- man Johnson, to deny the parking variance based on the following findings: (1) There is inadequate parking on the subject site for the proposed use; (2) There are no site hardships for the property based on special circumstances such as size, shape, topography, location, or surroundings that deprive the property of privileges enjoyed by similar properties in the vicinity; (3) Granting of the variance would give applicant a privilege not enjoyed by similar properties and there are no con- ditions which could be attached to the approval to pre- vent such a privilege; (4) Applicant has not shown that exceptional or extraordinary circumstances or real hardships exist which justify the variance. The motion also included denial of the Conditional Use Permit based on the following findings: (1) The proposed use is not substantially compatible with uses permitted in the same general area,and would be materially detri- mental'to other properties within the area because there is insufficient parking on-site for this type of use, which has a high requirement for parking causing the customers to park on neighboring properties; (2) A massage parlor is not a compatible use for property located close to residential uses because noise caused by vehicles throughout most of the night may lead to possible criminal activity close to where people reside, and other factors; (3) The proposed use would be materi- ally detrimental to surrounding properties because of the negative impact on their values; (4) This use would _have a detrimental effect on the health, safety, morals, and general welfare'of surrounding properties because, being -an adult use, applicant has not shown the required careful and responsible management required of such uses to prevent criminal activity and blighting influ- ences. The motion carried unanimously. Public Hearing The Clerk announced that this was the time and place Rate Increase set for the public hearing to consider a request from Request from G and W Towing, Incorporated, 740-B Ohms Way, Costa G and W Towing Mesa, for an increase in rates for towing services. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Wayne Miller, 3168 Manistee Drive, Costa Mesa, representing the applicant, stated that their proposed rate increase contained an error for Item E. Winching/Recovery, in that the correct rate is $20.00 per hour instead of $35.00 per hour. In response to a question from Coun- cilman McFarland, the Assistant City Manager stated that the increased rates proposed by the applicant are the same as those approved by Council for Harbor Towing and Coast Towing, and that the City,',s ordinance only states that a maximum rate be established. There being no other speakers, the Mayor closed the public hearing. Mayor of the City of Co to Mesa ATTEST: City Clerk of the City of Costa M a 1 On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried; the -proposed rate increase was approved with Item E to show a rate of $20.00 per hour. Request to Appeal The Clerk presented a request to appeal the Planning ZE-80-111 Commission',s denial of Zone Exception ZE-80-111, from Gianulias/Bristol James C. Gianulias, authorized agent for Bristol Plaza, Plaza Post Office Box 29009 Newport Beach, for a Conditional Use Permit to exceed two stories in a Cl zone, to allow Hearing Set a seven -story building and a nine -story building on property -located southeast of the San Diego Freeway and Bristol Street. Environmental Determination: Environ- mental Impact Report accepted April 21, 1980, and Adden- dum accepted September 19, 1980. On motion by Council- man McFarland, seconded by Councilwoman Hertzog, and carried, this item was referred to the Study Session of November 10, 19803, in the fifth floor Conference Room of City Hall, and a public hearing was set for November 17, 1980, at 6:30 p.m., in the Council Chambers. Oral Jack Polans, 2864 Royal Palm Drive, Costa Mesa, read a Communications letter dated November 39 1980, which covered the follow- ing subjects: Minutes of'the Council meeting of October Polans 23, 1980; and Fairgrounds lawsuit. Mr. Polans submitted the letter for the record. Council Former Mayor Alvin Pinkley, 1833 Fullerton Avenue, Costa Commended Mesa, commended the'Council on the manner in which they conducted the public hearing concerning Zone Exception ZE-80-119, Atlantis Massage Parlor. Councilmanic Councilman Johnson requested that a Study Session be Comments scheduled to discuss the Route 55 Freeway in order to update the Council on the latest information. Council - Route 55 man McFarland requested that staff prepare a memorandum .listing dates of the various workshops being held in the area on -this subject. The City Manager recommended that the Study Session be scheduled for December, 1980. Adjournment The Mayor declared the meeting adjourned at 8:20 p.m. Mayor of the City of Co to Mesa ATTEST: City Clerk of the City of Costa M a 1