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HomeMy WebLinkAbout02/02/1981 - City CouncilRoll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 2; 1981 The City Council of the City of Costa Mesa, California; met in regular session on February 2, 1981, 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 Don Brendtro, Prince of Peace Lutheran Church. Council Members Present: Schafer, Hall, Hertzog, McFarland, Johnson Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk Minutes = On motion by Councilwoman Hertzog, seconded by Council - January 19, 1981 =V,. man McFarland, and carried, the minutes of the regular meeting of January 19, 1981, were approved as distrib- uted 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. The following item was removed from the Consent Calendar: Item 3, Request from West Coast Promotions to hold a collectorama show at the Orange County Fairgrounds. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, the remaining Consent Calendar items we're approved in one motion by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Reading Folder The following Reading Folder items were received and processed: Claims The following claims were received by the Clerk and no action was required: Judy A. Desrosiers; Sharon Jo Wilson; Attorney James M. Okuley, on behalf of Jasmine Browne, a minor, Michael Browne, a minor, and Susan Browne; and Teresa Mary Robertson. Alcoholic Alcoholic Beverage License Applications for Beverage which parking has been approved by the Planning Licenses Division: Myril Eva Kreuder, doing business as Bon Appetit, 179 East 17th Street, Suite D; and End - Franklin E. Graves and Myron Lee.Miller, doing Reading Folder business as Outer's Inn, 1033 E1 Camino Drive. Business Permits On motion by Councilman McFarland, seconded by Council- woman-Hertzog, and carried, a request from Duncan McIntosh McIntosh Company, 1760 Monrovia Avenue, No. A-8, Costa Mesa, for a boat show at the Orange County Fairgrounds; March 21 and 22, 1981, was approved subject to condi- tions of the Revenue Division. 1 1 1 Set for Public The following items were set for public hearing on Hearing February 17, 1981, at 6:30 p.m., in the Council Chambers of City Hall: R-81-01 Rezone Petition R-81-01, Frank L. Spangler, Spangler authorized agent for Margarete Lukas, 2118 Santiago Drive, Newport Beach, to prezone proper- ty located at 2459, 2463; and 2471 Irvine Avenue, from County R4 to City R2. Environmental Deter- mination: Negative,Decl.aration. Public Public nuisance hearing to determine if the Nuisance existing condition of property located at 278 East 21st Street,;in an Rl zone, constitutes a Awarded to public nuisance subject to abatement. Environ- Interstate and mental Determination: Exempt. Demolition Hearing to show cause why the City should not of Structures have two structures demolished on property located at 1906 Pomona Avenue, and to have property cleaned up, moving all debris, and charging owner for same. Rejected Claims On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, the claim of Anita Swanson Swanson was rejected. Cataldo On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, the claim of Patricia and Fortunato Cataldo was rejected. Bid Item 493 Bids received for Bid Item 493, Kitchenware for the Kitchenware Neighborhood Recreation Center, are on file in the Clerk's.office. On motion by Councilwoman Hertzog, Awarded to seconded by Councilman McFarland, the bid was awarded Interstate and as follows: Sections I, II, and III to Interstate S. E. Rykoff Restaurant Supply Company, Incorporated, 901 East ,31st Street, Los Angeles, in the amount of $7,304.52; and Section IV to S. E. Rykoff and Company, 761 Terminal Street, Los Angeles, in the amount of $1,453.80. 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 Adams Avenue and Proposals received for design of the Adams Avenue and Baker Street Baker Street Signal Systems are on file in the Traffic Signal Systems and Transportation Services Division. On motion -by Councilwoman Hertzog, seconded by Councilman McFarland, Awarded -to the contracts were.awarded as follows: Adams Avenue Mohle-Perry and Signal System to Mohle-Perry and Associates, Incorpor- to Alderman, ated,.2565 East Chapman Avenue, Suite 124, Fullerton, Swift, and Lewis in the.amount of $5,600.00; Baker Street Signal System to -Alderman, -Swift, and Lewis, 1201 East Warner Avenue, Santa Ana, in the amount of $5,000.00. The motion car- ried by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None TeWinkle Park Bids received for Sidewalk Installation at TeWinkle Sidewalk Park are on file in the Clerk's office. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, Awarded to the contract was.awarded to Porter Construction Company, Porter 13901 Gershon.Place, Santa Ana., in the amount of Construction $26,645.00, being the lowest bid meeting specifica- tions. The motion carried by the following roll call vote: Notice of Completion Detectors and Pushbuttons on Red Hill Avenue AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson None None Installation of detectors and pushbuttons on Red Hill Avenue at Baker Street and at Paularino Avenue have been completed to the satisfaction of the Director of Public Services by Smith Electric Supply, 10792 Knott Avenue, Anaheim. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the work was accepted, the Clerk was authorized to file a Notice of Completion, and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the following roll call vote: AYES: Council Members NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson None None Tract 10626 Improvements in Tract 10626, 740-770 Baker Street, have Pentridge Cove/ been completed to the satisfaction of the Director of M. D. Janes Public Services by Pentridge Cove, a limited partner- ship, and M. D. Janes Company, 2950 Airway Avenue, Suite D-9, Costa Mesa. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the work was accepted, and a cash deposit of $1,000.00 for monumentation 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 Change Order The Director of Public Services has recommended approval No. 1 - Superior of Change Orde.r No. 1, in the.amount of $12,556.05, to Avenue Widening the contract with Paul Gardner Corporation, 901 Sultana Avenue, Ontario, in connection with Superior Avenue Widening Phase III, East 16th Street to 17th Street. The increase was,necessi,tated by the need for deeper and wider excavation due to poor subgrade conditions. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, Change Order No. 1 was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Conference On motion by Councilwoman Hertzog, seconded by Council - Advance man McFarland, a Conference Advance, in the amount of $400.00, for a police captain to attend the California Specialized Training Institute Terrorism Training Course in San Luis Obispo, February 23-27, 1981, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Agreement - State An agreement between the City of Costa Mesa and the Personnel Board State Personnel Board, for testing services, was pre- sented. The contract commencBs January,l, 1981, and terminates December 31, 198A. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the agreement was approved, and the Personnel Services Director was authorized to sign on behalf.of the City, by the follow- ing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None 1 1 j Business Permit : • ,il ) Item ,3(+on the Consent 'C'alendar was presented, a request John Wayne The.C<l:erk: presented a proposed resolution concerning Airport „+•a variance for„the John -Wayne Airport. On motion by Vice Mayor Hall, seconded by Councilman Johnson, Resolu- Reso.l:utton $,1; 6 : !,,,,,,, .,tion :81-6,; being. -A ­RESOLUTION OF THE CITY COUNCIL OF THE ChTY:;OF,COSTA MESA, .CALIFORNIA;, SUPPORTING THE,.,IS:S,UANCEI OF A VARI-AN:CE -FOR, THE. ,CONTINUED :OPERATION OF JOHN WAYNE t, AIRPOR,T,, WITH..,THE IMPOS,I.TION OF CONDITIONS TO REDUCE 'fin!. •,.,:.q_ NOISE IMPACTS, was adopted by the following roll call ,v of e;', AYES: ;.,Cou,ncil. Members: Schafer, Hall, Hertzog, :: from West Coast Promotions, Post Office Box 321, Rancho West Coast Cucamonga, to hold a tollectorama show at the Orange Promotions County Fairgrounds, on the following dates in 1981: Redevelopment February 14 and 15; April 4 and 5; May 23 and 24; Aug- ,:;, 22 iand,23;, October 17, and 18; December 19 an,-20-�,-' of Cr.;edi,t ; :-Attor.,ney :Michael: McKi bbi-n, 2001 East Fourth Street, :, ., .,,,.. ;•,,, $u.ite- 108; -.Santa,:Ana, -representing the applicant, stated t.hat, it woul+d be:.di:fficu.lt to comply with Condition No. 1:: for the. -first two shows scheduled in February. Condi- tion No. 1 requires tht all exhibitors selling at the ?col l ectorama -on -a! regular basis obtain a temporary E.,.:.+ seller's.permit.from.t.he-State Board of Equalization. M,r.::McKi bbi,n reported that the applicant would not know who.#,,e+exhi,bitor.s will:,b'e until after the first two r -.shows; and,lrequested-that, the condition be waived for the February dates only. The City Manager recommended ! that -Condition. No. ,l -be:-waived for February 14 and 15, -1981,,> b,ut.i:s,.to,be,effective for the remaining dates. .,,On, motion, by Vice Mayor,.Hall, seconded by Councilman End -Consent! 1, L::Johnson; and:carried,the, City Manager's recommendation Calendar was :ap.proved.,• R-80-10- -Om motion, by -Vi ce,,May,or-Hal,l,,, seconded by Councilman Cadi 11 ac. McF,arl and; Ordinance, 80-23., being AN ORDINANCE OF Fairview THE CITY COUNCIL OF .THE+ :CJTY! OF..COSTA MESA, CALIFORNIA, CHANGING THE ZONING FOR PROPERTY LOCATED AT 3505 AND Ordi.-n.ance -X8.0-23 -.,.,., 3525-,CAD.ILLAC AVENUE, FROM MP. TO, PDI , in connection with Adopted-, 7 Rezone ,Pet,i,t.i on,t R-80-10,, Cadi 1,l -ac Fairview California, Inco.r. porated--,wa)s+ �gi ven .second reading and adopted by the following roll call vote: 'AYES: r :Counci l -.-Members: .,Schafer, Hall, Hertzog, ,;McFarland, Johnson NOES,::, , Counc,i 1 -Member-s:-- , None ABSENT,: . Coun.c.-i,l ,Members: . =None For'mer . Mayors. i,Mayor. Schaf_er..i ntroduced ,fo.r.me.r, Mayor Alvin Pi nkl ey and Recognized ; .,. , -hi.-s.--wi-.fe, ..Lucy; and -former,. Mayor. Robert Wilson. HCDC , , , .- . , A., motion was , made,,by, Council -woman Hertzog, seconded by Reappointments Councilman McFarland, and carried, reappointing the the .fo.l.l owing : pe.rsons,,to :serve on the Housing and Com- :,, : .,,,,r •„ munity Development Committee for two-year terms which ,,,-will, expire January 1 ,. 1983: Diana Milroy B1 ai sure, Jean ,F.orbath,; and Joan Ma.rgol . John Wayne The.C<l:erk: presented a proposed resolution concerning Airport „+•a variance for„the John -Wayne Airport. On motion by Vice Mayor Hall, seconded by Councilman Johnson, Resolu- Reso.l:utton $,1; 6 : !,,,,,,, .,tion :81-6,; being. -A ­RESOLUTION OF THE CITY COUNCIL OF THE ChTY:;OF,COSTA MESA, .CALIFORNIA;, SUPPORTING THE,.,IS:S,UANCEI OF A VARI-AN:CE -FOR, THE. ,CONTINUED :OPERATION OF JOHN WAYNE t, AIRPOR,T,, WITH..,THE IMPOS,I.TION OF CONDITIONS TO REDUCE 'fin!. •,.,:.q_ NOISE IMPACTS, was adopted by the following roll call ,v of e;', AYES: ;.,Cou,ncil. Members: Schafer, Hall, Hertzog, McFarland, Johnson ,,NO;E$:-Coun,cil.Members: None ABSENT: Council Members: None Redevelopment ,!,. ,The,,Cl.,e,rik=.presented a request. from the Costa Mesa Agency Line Redevelopment Agency for an additional line of credit, of Cr.;edi,t ; i:n the ; amount ; ofi ,,$2 ,.7:7.2 „000..00.; ., The City Manager ; reporited; th;at,the; addit,iona,l ,credit is needed for the last, acquisiti,ons.o.f,proper-t.ie,s,,.in the Fidelity Block area. He further,,state,d ,t•h,a,t:,t,he subject request brin;gs,.the amount advanced to the Agency to a total of approximately $7,000,000.00. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the additional line of credit was approved by the following roll call vote: Helistops for Times and Downey Buildings Hearing Set AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None The Clerk presented from the meeting of January 5, 1981, a communication from the Division of Aeronautics, Cali- fornia -State Department of Transportation, requesting that Council ratify the Planning Commission's approval of helistops for the Los Angeles Times Building, 1375 Sunflower Avenue, and for the Downey Savings and Loan Building, 3200 Bristol Street. -The Development Services Director gave a brief history of the -subject projects which were approved by the Planning Commission as Condi- tional Use Permits in September, 1979, and February, 1980, respectively. Negative Declarations of Environ- mental Impact for both projects were also adopted by the Planning Commission. The State cited the Public Utilities Code which indicates approval by the City Council is required; however, since final action for Conditional Use Permits was delegated to the Planning Commission by the Council"s adoption of an ordinance, the City's viewpoint is that -this constitutes approval. During discussion, Councilman McFarland suggested that the two helistops be discussed 'at a Study Session in March, with a public hearing set for April, 1981. 'A motion was made by Councilman McFarland, seconded by Councilman Johnson, and'carri'ed, referring both appli- cations to a Study Session'om March 30, 1981, at 7:30 p.m., in the fifth floor Conference Room, and setting a public hearing for April 6, 1981, at 6:30 p.m., in the Council Chambers. Lee Ambers, Vertical Aeronautics, 14423 Sylvan Street, Van Nuys; requested notification of the Study Session, and also asked that the two helistops be considered separately. The City Attorney responded that there would be separate public hearings. Jack Polans, 2864 Royal Palm Drive,'Costa Mesa, asked if an Environmental Impact Report would be included, and the Mayor responded.that all aspects would be discussed on the aforementioned dates. Warrant On motion by Vice Mayor Hall, seconded by Councilman Resolution 1131 Johnson•, Warrant Resolution 1131, including Payroll 8102, 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 Vice Mayor Hall, seconded by Councilman Resolution 1132 McFarland, Warrant Resolution'1132 was approved by the following roll call vote: AYES: Council'Members': Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members': None ABSENT: Council Members: None Kim versus City The City Attorney presented a request for settlement of Costa Mesa authority in the matter of Kim versus the City of Costa Mesa, as outlined in his confidential memorandum dated January 20, 1981. A motion was made by Councilman McFarland, seconded by Vice Mayor Hall, authorizing the City's defense attorney, to settle -the lawsuit in an amount not to'exceed that stated in the previously. mentioned memorandum. The motion carried by the follow- ing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None 1 1 Arnel The City Attorney reported that he has heard from the Case Court of Appeal in San Bernardino concerning the Arnel lawsuit. The Court has set a schedule for the filing of additional written briefs, after which there will be oral argument before the Court. The schedule for the briefs is as follows: March 12, 1981, developer's brief due; April 13, 1981, City's brief due; and May 4, 1981, developer's reply brief due. The City Attorney's confi- dential memorandum dated January 29, 1981, recommended that an outside law firm be retained to represent the City in the subject case. A motion was made by Vice Mayor Hall, seconded by Councilman Johnson, to retain the law firm of Burke, Williams and Sorensen, 707 Wilshire Boulevard, Suite 3300, Los Angeles, to provide legal services for the City in the Arnel lawsuit. 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 Purchase„o.f. The City Manager announced that an agreement has been Orange Coast reached with Orange Coast Savings and Loan Association Savings and for purchase of their temporary headquarters building Loan Building located at 1700 Adams Avenue, Costa Mesa, and his recommendations to complete the subject transaction are outlined in his memorandum dated January 30, 1981. The City Manager also recommended authorization for the Costa Mesa Historical Society to use the structure for display of artifacts. The City Manager introduced Dick Read, President of Orange Coast Savings and Loan, and thanked him for his contribution in making the purchase possible. The following members of the Historical Society expressed their appreciation for the proposed project: Betty Beecher, President of the Society; former Mayor Alvin Pinkley; and Vice President Trudy Ohlig. Councilman McFarland requested that Mr. Read express appreciation to the Orange Coast Savings and Loan Board of Directors and stockholders.- A motion was made by Vice Mayor Hall, seconded by Councilwoman Hertzog, authorizing the following actions: purchase of the building, including the vault, for the sum of $80,000.00; preparation of the necessary documents by the City Attorney's office in order to complete the transfer of ownership; draw a warrant in the amount of $80,000.00; City Manager to proceed with the relocation of the structure, including the possibility of a double move, first to storage and then to the proposed perma- nent location facing the Plumer Street parking lot in the northwest portion of Lions Park, in accordance with all applicable City ordinances; and on or about Febru- ary 6, 1981, Director of Finance is to deposit, for a period of two years, at the highest possible interest rate, the sum of $100,000.00 with Orange Coast Savings and Loan Association. The motion carried by the fol- lowing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Oral Jack Polans submitted copies of letters on the following Communications subjects: "Costa Mesa Resident Organization” and "EIR for Zone Exception ZE-80-178". Block Parent Leslie Williams, 240 Santa Isabel Avenue, Costa Mesa, Program stated that she had not received a reply from the City concerning police records in connection with the Block Parent Program. The City Attorney responded that staff is still looking into this matter. Councilmanic Councilman Johnson commended the City Manager and Dick Comments Read of Orange Coast Savings and Loan Association, in negotiating the agreement for purchase of the latter's building by the'City for use by the Historical Society. Human Relations Councilwoman Hertzog requested Council support in Commission recommending Jean Forbath to serve as representative from the Fifth District on the Human Relations Commis- sion. Councilwoman Hertzog stated that Mrs. Forbath has presented a resume, indicating an excellent back- ground for this type of appointment, and which she will submit to the Steering Committee of the League of Cali- fornia Cities, if the Council concurs. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, Councilwoman Hertzog's recommendation was approved. Adjournment The Mayor declared the meeting adjourned at 7:35 p.m. (IL(W , L L L /11 Mayor of the City of Cost'Mesa ATTEST: City Clerk of the City of Costa mKsa 1 I''