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HomeMy WebLinkAbout12/15/1980 - City CouncilI-V REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 15, 1980 The City Council of the City of Costa Mesa, California, met in regular session on December 15, 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 Ignatius Lau, Saint Joachim Catholic Church. Roll Call Council Members Present: Schafer, Hall, Hertzog, Johnson (McFarland arrived at 6:40 p.m.) Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Public Services, Assistant Planning Director, City Clerk Minutes On motion by Vice Mayor Hall, seconded by Councilwoman December 1 and Hertzog, and carried, Councilman McFarland absent, the 29 1980 minutes of the regular meeting of December 1, 1980, and the adjourned regular meeting of December 15, 1980, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried, Councilman McFarland absent, to read all ordinances by title only. Former.Mayor Former Mayor Alvin Pinkley introduced Nolan Frizzelle, Introduces New newly -elected State Assemblyman for the 73rd District, Assemblyman which includes the City of Costa Mesa. Assemblyman Frizzelle spoke briefly regarding transportation and freeway problems. He pledged support to the Council. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 3, Environmental Impact Report in connection with Zone Exception ZE-80-178, South Coast Plaza; and Item 5, Request for refund of a $10,000.00 cash deposit from West -Cal Construction, was removed from the Agenda. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Reading Folder The following Reading Folder items were received and processed: Claims, The following claim was received by the City Clerk and no action was required: Anita M. Swanson. Alcoholic Alcoholic Beverage License Applications for which Beverage parking has been approved by the Planning Divi - Licenses sion: Anthony and Hildegard Doria, doing busi- ness at 1500 Adams Avenue, Suite 108; Mario 0. Lopez, doing business as E1 Bronco, 145 East 19th Street; Ahmad Alasti, doing business as Orange Joy, 479 East 17th Street; and Angela Jeanne and Terrence B. Deems, doing business at 2901 Harbor Boulevard. Local Agency Notice from the Orange County Local Agency Forma - Formation tion Commission of a public hearing on December Commission 10, 1980, on a proposed annexation to the City of Newport Beach, designated Oxbow Annexation No. 889 located near West Coast Highway. Fire Retardant Communication from the Los Angeles Board of Roofing Supervisors, 383 Hall of Administration, Los Angeles, advising that they are requesting the State Legislature to pass legislation requiring fire retardant roofing in new construction state- wide, and urging all cities and counties within End - California to pass local ordinances requiring Reading Folder fire retardant roofing. Business Permit Notice of Intention to Appeal or Solicit for Charitable Purpose from Orange County Council of Camp Fire Girls, Camp Fire Girls. Incorporated, 1442 Irvine Boulevard, Suite 108, Tustin, by sale of candy door-to-door and at shopping centers, January 21 to February 18, 1981, was approved with application of Section 9-234J of the Municipal Code. Set for Public The following item was set for public hearing on January Hearing 19, 1981, at 6:30 p.m., in the Council Chambers of City Hall: ZE-80-178 Zone Exception ZE-80-178, Malcolm C. Ross, 3315 Ross/South Fairview Road, Costa Mesa, authorized agent for Coast Plaza South Coast Plaza, for a Master Plan Amendment for South Coast Plaza, and a Conditional Use Permit to allow a 15 -story building with 223,000 square feet of retail space and 202,000 square feet of office space, and to allow off-site parking with'a variance from parking requirements for South Coast Plaza and the Town Center area. (This item will also be discussed at the Council Study Session of January 12, 1980, at 1:00 p.m., in the fifth floor Conference Room of City Hall.) Tract 9866 Improvements have been completed in Tract 9866 to the Smith/Properties satisfaction of the,City Engineer by Dana Smith, Prop - West erties West, 508 - 29th Street, Newport Beach, for property located north of Salinas Avenue and west of Santa Clara Circle. On motion by Vice Mayor Hall, sec- onded by Councilman Johnson, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Tract 10095 Improvements have been completed in Tract 10095 to the Salmonson/Gangi satisfaction of the City Engineer by Richard N. Salmon - son and Gangi Bilt Homes, Post Office Box 1314, Newport Beach, for property located at 2157 Pacific Avenue. On motion by Vice Mayor Hall, seconded by Councilman John- son, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland AHFP Project On motion by Vice Mayor Hall, seconded by Councilman Submittals Johnson, Resolution 80-113, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, [1 ij 1 13" Resolution 80-113 REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE East 17th Street ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF SEVENTEENTH STREET, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland On motion by Vice Mayor Hall, seconded by Councilman Resolution 80-114 Johnson, Resolution 80-114, being A RESOLUTION OF THE 19th Street CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF NINETEENTH STREET, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Change Order 2 The Director of Public Services has recommended approval Bein and Frost of Change Order No. 2 to the contract with Robert Bein, William Frost and Associates, Post Office Box 2590, New - Assessment port Beach, for engineering services in conjunction with District 79-01 Assessment District 79-01, South Coast Drive. The South Coast Drive increase to the contract, not to exceed $26,136.00, is necessary for additional field construction and office services performed through the extended contract term. On motion by Vice Mayor Hall, seconded by Councilman Johnson, Change Order No. 2 was approved by the follow- ing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Change Order 5 The Director of Public Services has recommended approval Griffith Company of Change Order No. 5 to the construction contract with Griffith Company, Post Office Box B -T, Irvine, in con - Assessment nection with Assessment District 79-01, South Coast District 79-01 Drive. The increase to the contract, in the amount of South Coast Drive $22,813.94, is necessary for the following: grouted riprap requested by the County of Orange for protection of box culvert inlets within the flood control channel; two electric meter enclosures required by Southern Cali- fornia Edison Company for provision of electrical power to the automatic landscaping irrigation system; and landscape maintenance necessitated by a delay in the connection of electrical power to the project by the Edison Company. On motion by Vice Mayor Hall, seconded by Councilman Johnson, Change Order No. 5 was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Amendment of An amendment to the contract with the County of Orange, Contract with in connection with the Comprehensive Youth Diversion Orange County Program, was presented. The amendment extends certain grant awards for six additional months, from January 1 Youth Program to June 30, 1981, for a sum not to exceed that of the original contract, $86,306.00. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the contract amendment was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Bid Item 471 "A" Bids received for Bid Item 471, Revision "A", Parking Parking Citation Citation Management'Program, are on file in the Clerk's Program office. Staff has recommended that it is in the best interest of the City to reject all bids at this time Bids Rejected and to investigate and prepare a report on the cost effectiveness of this type of program. On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried, Councilman McFarland absent, all bids were rejected. Bid Item 473 One bid received for Bid Item 473, Rental of Additional Memory, Tape Memory, Tape Controller, and Drive for NCR Century 201 Controller, and Computer, is on file in the Clerk's office. On motion Drive for NCR by Vice Mayor Hall, seconded by Councilman Johnson, the Computer bid was awarded to NCR, Incorporated, 13300 Garden Grove Boulevard, Garden Grove, for a monthly rental of $1,998.10 Awarded to and a one-time installation charge of $1,283.00, by the NCR following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Street Name Signs Bids received for Internally Illuminated Street Name Signs are on file in the Clerk's office. On motion by Awarded to Vice Mayor Hall, seconded by Councilman Johnson, the Grissom and contract was awarded to Grissom and Johnson, Incorpor- Johnson ated, Post Office Box 10040, Santa Ana, in the amount of $15,950.00, being the lowest bid meeting specifica- tions, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Solid Waste A proposed resolution was presented for application of Management a grant, in the amount of $8,115.00, in conjunction with the Solid Waste Management Act of 1980. The stated amount is the City's allocation for Fiscal Year 1980-81 for litter cleanup, litter law enforcement, public awareness and education, and purchase of litter recep- tacles. On motion by Vice Mayor Hall, seconded by Resolution 80-115 Councilman Johnson,;Resolution 80-115, being A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE SOLID WASTE MANAGEMENT ACT OF 1980, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Sale of Surplus A request was presented from the City of Marysville, Motorcycles California, for acquisition of two motorcycles for their Police Department. Since all six City Police motorcy- cles are being replaced during the current fiscal year, the City Manager has recommended that authorization be granted to negotiate the sale of two motorcycles to the City of Marysville at $250.00 per vehicle. Justifica- tion for the recommendation is that due to circumstances surrounding local government financing, it would be appropriate in select instances for cities to assist one another when possible. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the City Manager was authorized to negotiate the sale of two surplus motorcy- cles to the City of Marysville, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland 1 1 Property Tax A proposed resolution was presented for implementation Transfer of the Master Property Tax Transfer Agreement with the County of Orange, in conjunction with revenues for new areas annexed to the City. The subject agreement was approved at the Council meeting of November 17, 1980. On motion by Vice Mayor Hall, seconded by Councilman Resolution -80-116 Johnson, Resolution 80-1163, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELATING TO THE MASTER PROPERTY TAX TRANSFER AGREEMENT AND THE PROVISIONS THEREIN, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Councilman Councilman McFarland took his place at the Council table McFarland Arrives at 6:40 p.m. EIR for ZE-80-178 Item 3 on the Consent Calendar was presented, Environ - South Coast Plaza mental Impact Report in connection with Zone Exception ZE-80-178, for proposed South Coast Plaza office tower, Hearing Set to include approximately 223,000 square feet of retail space and 202,000 square feet of office space in a 15 - story structure to be located near the intersection of Bristol Street and Anton Boulevard. Proposed project also includes below -grade parking structures, and a pedestrian bridge across Bristol Street connecting South Coast Plaza with the Town Center area. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, requested that this item be set for public hearing in March, 1981. After brief discussion, a motion was made by Vice Mayor Hall, seconded by Councilman Johnson, and carried, referring this item to the Study Session of January 12, 1981, at 1:00 p.m., in the fifth floor Conference Room; and set - End of Consent ting a public hearing for January 19, 1981, at 6:30 Calendar p.m., in the Council Chambers of City Hall. Flood Plain On motion by Vice Mayor Hall, seconded by Councilwoman Zoning Hertzog, Ordinance 80-24, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING TITLE 13 OF Ordinance 80-24 THE COSTA MESA MUNICIPAL CODE, ADOPTING FLOODWAY AND Adopted FLOOD PLAIN ZONING DISTRICTS AND REGULATIONS, was given second reading and adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilwoman Hertzog, seconded by Council - Resolution 1127 man McFarland, Warrant Resolution 1127, including Payroll 8025, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Robertson The City Attorney presented a proposed settlement in Condemnation connection with Superior Court Case No. 32-14-00, City Settlement versus Robertson, for property located at 642 Baker Street. Acquisition is required for street widening purposes. On motion by Councilman McFarland, seconded by Councilman Johnson, Attorney Robert F. Waldron, representing the City, was authorized to settle the case for $18,000.00, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Salary Increases The City Manager presented a proposed resolution for Fire and Part- reflecting a 6.25 percent salary increase for approxi - time Employees mately 87 Fire Department employees; and City -paid retirement of seven percent, which reduces employee cost from nine percent to two percent; with an effective date of December 14, 1980. The resolution also reflects a salary increase averaging six percent for various part- time employees, also effective on December 14, 1980. On motion by Vice Mayor Hall, seconded by Councilman Resolution 80-117 McFarland, Resolution 80-117, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA; ESTABLISHING RATES OF PAY FOR -CLASSIFICATIONS PLACED UNDER THE BASIC PAY SCHEDULE AND ESTABLISHING RATES OF PAY FOR CLASSI- FICATIONS NOT 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 Personnel Rule The City Manager presented a proposed resolution amend - Changes ing portions of the Personnel Rules and Regulations pertaining to Rule 12, Attendance and Leaves; Rule 13, Additional Pay and Pay Adjustment; Rule 16, Outside Employment; Rule 23, Employee Representation; and Rule 27, Grievance Procedure. 'Written concurrence has been obtained from two of the employee associations. On motion by Councilman McFarland, seconded by Vice Mayor Resolution 80-118 Hall, Resolution 80-118, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING CERTAIN PORTIONS OF THE RULES AND REGULATIONS FOR ADMINISTRATION OF THE PERSONNEL SYSTEM OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Implementation The City Manager requested authorization to take the of City -paid necessary action to implement the following City -paid Retirement retirement costs for the various employee groups: retire- ment costs for sworn police and all executive employees reduced to zero effective December 14, 1980; costs for sworn fire employees reduced from nine percent to two percent, also effective December 14, 1980; and costs for all -remaining nonsafety employees reduced to zero, effective the first pay period charged to Fiscal Year 1981-82. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the City Manager was authorized to take the necessary action to implement City -paid retire- ment costs, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Police Reserve The City Manager presented,a ,proposed urgency ordinance Officers designating certain officers as Level I Police Reserve Officers pursuant to Section 832.6(b) of the California Penal Code. Subject section provides for a procedure whereby a City Council may, prior to January 1; 1981'31 designate reserves as Level I Reserve Police Officers; that the Chief of Police may investigate the qualifica- tions of candidates; and the City Manager may determine that particular individuals are qualified to be Level I Reserve Officers, and perform general law enforcement duties by reason of training and experience. On motion by Vice Mayor Hall, seconded by Councilman Johnson, Urgency Urgency Ordinance 80-25, being AN ORDINANCE OF THE CITY Ordinance 80-25 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PERTAIN-- ERTAIN=Adopted Adopted ING TO RESERVE OFFICERS, DECLARING SAID ORDINANCE TO BE 1 1 1 AN URGENCY ORDINANCE AND -SETTING -FORTH THE REASONS THEREFOR, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Bill Bandaruk Mayor Schafer presented a recommendation that Bill Reappointed to Bandaruk be reappointed for another two-year term on the Vector Control Orange County Vector Control Board. Mr. Bandaruk was Board present and was introduced by the Mayor. The Council commended him on the excellent job he has done, and thanked him for the detailed reports he has submitted. On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried unanimously, Bill Bandaruk was reappointed for an additional two-year term on the Vector Control Board, ending December 31, 1982. Appeal ZE-80-175 The Clerk presented an appeal of the Planning Commis- Adessian/Keuilian sion's denial of Zone Exception ZE-80-175, from Harry Adessian and Ard Keuilian, 2502 Harbor Boulevard, Costa Denied Mesa, authorized agents for Paul Dishner and M. and P. Abrams, 11584 Chiquita Street, Studio City, for a Condi- tional Use Permit to allow establishment of a convenience store in conjunction with an approved gasoline station, located at 2502 Harbor Boulevard, in a Cl zone. Environ- mental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. In summarizing Plan- ning staff's memorandum of December 11, 1980, the Assist- ant Planning Director pointed out that since there are five other convenience stores in the area, the neighbor- hood is adequately served by this type of business. The staff memorandum also suggests that the inefficiency of the site design will be accentuated by the proposed gasoline service station/convenience store use. Ardash Keuilian, 8561 Joyzelle Drive, Garden Grove, authorized agent, was present to answer questions from the Council and stated that he was agreeable to all conditions. In response to questions from Vice Mayor Hall, Mr. Keuilian advised that Arco Oil would give the applicant a gasoline allocation at the subject property, in addition to the present allocation for his station on 19th Street, if a convenience store were included as a proposed use. Based on the findings and analysis contained in the Staff Report of November 24, 1980, and the Planning Commission's recommendation, a motion was made by Vice Mayor Hall, seconded by Councilman Johnson, and carried, to deny the request. ZE-80-168 The Clerk presented Zone Exception ZE-80-168, McLain McLain/Segerstrom Development Company, authorized agent for Nellie Ruth Segerstrom, 3315 Fairview Road, Costa Mesa, for a Referred Back Conditional Use Permit and Final Development Plan, with to Planning variances from required landscape setbacks; required Commission location of parking, required number of parking spaces, and required type of parking spaces; in conjunction with construction of'a 250 -unit condominium development, for property located at the southeast corner of Fairview Road ;and South Coast Drive, in a PDR -MD zone. Environ- mental -Determination: Environmental Impact Report accepted for General Plan Amendment GP -76-3D. The Planning staff and Planning Commission recommended approval of the variance from required landscape set- backs, variance from location of parking, and variance from type of parking spaces. The Planning staff also recommended approval of the applicant's proposal for 1.6 parking spaces for bachelor and one -bedroom units, and 2.5 parking spaces for two-bedroom units if there were sufficient guarantees to insure "affordable" units. The Planning Commission recommended denial of the vari- ance for number of parking spaces and added Condition No. 45: 1.6 parking spaces for bachelor units; 2.0 parking spaces for one -bedroom units; and 2.5 parking spaces for two-bedroom units. The result of this condi- tion requires incorporation of 59 additional parking spaces into the project design. Bob McLain, McLain Development Company, 1470 Jamboree Road, Newport Beach, requested permission to give a slide presentation of the proposed project. Mr. McLain introduced Don Brinkerhoff, Lifescapes, Incorporated, Imperial Bank Building, Costa Mesa, who proceeded with the presentation, and thereafter stated that previouslydeveloped condominiums, using the same ratio of parking spaces to size of units, had not encountered parking shortages. Mr. Brinkerhoff also advised that applicant is proposing to have one reserved parking space per unit and 205 spaces for pooled parking. The Assistant Planning Director answered questions from the Council concerning a General Plan potential policy, No. 1688, which would provide density bonuses and/or other incentives to developers of residential projects in excess of a specified size, who agree to provide a certain percentage of units at a cost affordable to low- and/or moderate -income households. Vice Mayor Hall suggested that if the Council denied applicant's proposed number of parking.spaces, that Condition No. 7 be deleted. Condition No, 7 states, "The developer shall enter into an agreement with the City under the direction of the Planning Division and City Attorney, to require that a minimum of 20 percent of the units shall be available for medium -income buyers as defined by HUD at the time sales begin. This agreement shall be returned to the Planning Commission for approval prior to the issuance of building permits". A motion was made by Vice Mayor Hall, seconded by Councilwoman Hertzog, to approve the project, subject to 44 conditions, excluding previouslymentioned Condition No. 45. The motion failed to carry, Council Members Schafer, Hertzog, and McFarland voting no. On motion by Councilman McFar- land, seconded by Mayor Schafer, and carried, Council Members Hall and Johnson voting no, this item was refer- red back to the Planning Commission to consider new plans for additional parking spaces. Oral Jack Po.lans, 2864 Royal.Palm Drive, Costa Mesa, read Communications his letter dated December 15, 1980, giving his opinion on input by the public. He submitted subject letter to the Clerk for the file. Councilmanic Councilwoman Hertzog expressed her concern over certain Comments sections of the City where commercial vehicles were being parked at the business -owner's home, rather than. Home Occupation at the place of business. She asked if staff could Ordinance investigate the possibility of broadening the Home Occupation Ordinance in order to resolve this problem. Adjournment The Mayor declared the meeting adjourned at 8:50 p.m. Mayor- of the City of C to Mesa ATTEST: City Clerk of the City of Costesa YM 11 1