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HomeMy WebLinkAbout02/17/1981 - City CouncilRoll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 17, 1981 The City Council of the City of Costa Mesa, California, met in regular session on February 17, 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 Paul Thomas, Church of Christ. Council Members Present: Schafer, Hall, Hertzog, McFarland, Johnson Council Members Absent: None Officials Present: Assistant City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk Minutes On motion by Councilman McFarland, seconded by Vice February 2, 1981 Mayor Hall, and carried, the minutes of the regular meeting of February 2, 1981, -were approved as distrib- uted and posted as there were no corrections. Ordinances A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, to read all ordi- nances by title only. CONSENT CALENDER. On motion by Councilwoman Hertzog, seconded by -Councilman Johnson; all Consent Calender 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 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: Attorney Curtis H. Thomas, on behalf of Margaret J. Fiero; Daniel Phillips; Allstate Insurance Company, on behalf of Nancy Gillespie; and Application for Leave to Present a Late Claim from Attorney Thomas G. Hahn, on behalf-of-ByrdGuy Hill, Jr. and Ruth Ann Hill. Alcoholic Alcoholic -Beverage License Application for which Beverage License parking has been approved by the Planning Divi- sion: Armand H.�and,Katherine P. Paradise, End - Reading doing business as Paradise Soup and Sandwich Folder Shop, 3100 -Airway Avenue, Suite 142. Business Permits Notice of Intention to Appeal -or Solicit for Charitable Purpose was presented, from March of Dimes Birth Defects March of Dimes Foundation, Orange County:Chapter, 111 West Dyer Road Suite G-10, Sant&Ana, by -door: -to -door solicitation and placement of coin containers inlcooperating businesses, from February 17 to May 31, 1981. On motion by Council- woman Hertzog, seconded by Councilman Johnson, and carried, solicitation was approved from February 17 to May 17, 1981, with application of Section 9-234J of the Municipal Code. Antiques Expo A request was presented from Antiques Expo and Sale, Post Office Box 566, La Habra, to conduct two antique shows at the Orange County Fairgrounds on the following dates: March 26-29 and November 12-15, 1981. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, and carried, the request was approved subject to one condition of the Revenue Division. Southern A request was presented from Southern Conference of Conference of California Handweavers, Incorporated, 2930 Sequoia California Avenue, Fullerton, to hold a two-day trade show and Handweavers exhibition at the Orange County Fairgrounds on March 14 and 15, 1981. On motion by Councilwoman Hertzog, sec- onded by Councilman Johnson, and carried, the request was approved subject to one condition of the Revenue Division. Striving A request was presented from Striving Artists, 13401 Artists Sherman Way, North Hollywood, to hold an art show at the Orange County Fairgrounds on February 27, 28, and -March 13 1981. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, and carried, the request was approved subject to one condition of the Revenue Division. Permit A request was presented from the Kiwanis Club of Costa Mesa,,Post Office Box 366, Costa Mesa, to use Lions Kiwanis Club Park on May 9, 1981, from 6:00 a.m. to 1:00 p.m., for their annual pancake breakfast. On motion by Council woman'Hertzog, seconded by Councilman Johnson, and carried, the request was approved subject to conditions of the Leisure Services Department Set for Public Hearing The following items were set for public hearing on March 16, 1981, at 6:30 p.m., in the Council Chambers of City Hall: Condemnation of Resolution of Necessity to condemn the Security Security Pacific Pacific National Bank property located at 153 Property East 17th Street, designated Parcel No. 7, in connection with the 17th Street extension. Parking Proposed ordinance amending Title 13 of the Costa Ordinance Mesa Municipal Code regarding small car parking in commercial developments, parking for restaur- ants in the industrial zone, and recodification of an existing development standard in the R3 zone. Rejected Claims On motion by Councilwoman Hertzog, seconded by Council- man Johnson, and carried, the claim of Debra Bontemps Bontemps was rejected. Drolet On motion by Councilwoman Hertzog, seconded by Council- man Johnson, and carried, the claim of Elaine P. Drolet was rejected. Forbes On motion by Concilwoman Hertzog, seconded by Council- man Johnson, and carried, the claim of Mark Steven Forbes was rejected. Ward On motion by Councilwoman Hertzog, seconded by Council- man Johnson, and carried, the claim of Donald Ward was rejected. Relocation of The Traffic Commission has recommended that the North - Bus Stop on bound bus stop on Orange Avenue at Santa Isabel Avenue Orange Avenue be relocated from the southside to the northside of the 1 JL 0 intersection. The recommendation was made because of the property damage and bus patron nuisance to the owner of property at 2396 Orange Avenue. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, Resolution 81-7 Resolution 81-7, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELOCATING THE NORTHBOUND BUS STOP ON ORANGE AVENUE AT SANTA ISABEL AVENUE, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Stop Sign on The Traffic Commission has recommended that the yield Parsons Street sign on Parsons Street at Ford Road be changed to a stop sign because of unsatisfactory vision due to parked cars and bushes. On motion by Councilwoman Resolution 81-8 Hertzog, seconded by Councilman Johnson, Resolution 81-8, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF A STOP SIGN ON PARSONS STREET AT FORD 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 Notice of The Installation of Internally Illuminated Street Name Completion Signs has been completed to the satisfaction of the Director of'Public Services by Grissom and Johnson, Internally Incorporated, 17182 Armstrong Avenue, Irvine. On motion Illuminated by Councilwoman Hertzog, seconded by Councilman Johnson, Street Name the work was accepted; the Clerk was authorized to file Signs a Notice of Completion; and the bonds 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 Final Map for The Final Map and a Subdivision Agreement were presented Tract 10871 for Tract 10871, Pentridge Cove II, a limited partner- Pentridge Cove II ship, and M. D. Janes Company, Incorporated, 2950 Airway and M. D. -Janes Avenue, Suite D-9, Costa Mesa; one lot, 2.76 acres, located at 773 Paularino Avenue, for condominium pur- poses. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, the map was approved; the Council did accept on behalf of the public the dedication of Randolph Avenue for street purposes; did also accept on behalf of the City of Costa Mesa: (1) a three-foot pub- lic utility easement as shown on said map, and (2) all vehicular access rights to Paularino Avenue as released and relinquished; the Clerk was authorized to sign sub- ject map; and the Mayor and Clerk were authorized to execute the agreement on behalf of the City. 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 Final Map for The Final Map and a Subdivision Agreement were presented Tract 10876 - for Tract 108761 C. J. Segerstrom and Sons, 3315 Fair- Segerstrom view Road, Costa Mesa; 56 lots, 79.07 acres, located between MacArthur Boulevard and Sunflower Avenue, west- erly of Harbor Boulevard, for industrial condominium purposes. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, the map was approved; the Council did accept on behalf of the public the dedica- tion for street purposes: Harbor Boulevard, Hyland Avenue, MacArthur Boulevard, Sunflower Avenue, Harbor Gateway North, Harbor Gateway South, and Scenic Avenue except the interest in that portion thereof, in the zenith direction, exceeding 20.00 feet above the finished centerline surface as shown on the plans for subject tract between Point "A" and Point "B" as shown on said map; the Council did accept on behalf of the City of Costa Mesa: (1) the six-foot public utility and pedestrian easements as dedicated; (2) the storm drain easements as dedicated; (3) the vehicular access rights to Harbor Boulevard, Hyland Avenue, MacArthur Boulevard, and Sunflower Avenue, except at street intersections and approved driveway locations; (4) -the landscape easements as dedicated; and (5) the pedestrian easements as dedicated;.the Council did also approve said map pursuant to 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 author- ized to execute the agreement on behalf of the City. 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 Assessment Public Utilities Commission Decision No. 91287, dated District 79-01 January 29, 1980, in connection with Assessment District South Coast Drive No. 79-01, South Coast Drive, was presented. The deci- sion requires the City to construct protective signals Railroad at the Southern Pacific Transportation Company railroad Crossings crossing on South Coast Drive. A supplemental petition for the crossing improvements has.been received from 100 percent of the owners within the boundary of the subject District who are entitled to a refund of any surplus after completion of improvements. The petition, pursuant to the Municipal Improvement Act of 1913, requests construction and installation of four flashing light grade crossing signals, automatic gate arms, and appurtenances as additions to Assessment District No. 79-01. A motion was made by Councilwoman Hertzog, sec - Petition onded by Councilman Johnson, accepting the Petition for Accepted the Construction of Improvements and Waiver of Require- ments of Division 4 of the Streets and Highways Code of the State of California. 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 On motion by Councilwoman Hertzog, seconded by Council - Resolution 81-9 man Johnson, Resolution 81-9, being A RESOLUTION OF Ordering Changes THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING CHANGES AND MODIFICATIONS IN PROCEEDINGS AND ENGINEER'S REPORT IN A SPECIAL ASSESSMENT DISTRICT, PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Agreement - On motion by Councilwoman Hertzog, seconded by Council - Southern Pacific man Johnson, an agreement between the City.of Costa Mesa and Sout.hern Pacific Transportation Company, 610 South Main Street, Los Angeles, for construction of railroad crossingsignals in Assessment District No. 79-01, South Coast Drive, was approved, and the Mayor and Clerk were authorized to execute said document on behalf of the City, by the following roll call vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson None None Agreement - An agreement was presented between the City of Costa Price and Mesa and Gloria Hope Price and Miriam Schmidt, for Schmidt acquisition of property located at 1680 Newport Boule- vard, designated Parcel No. 2, for the 17th Street 17th Street extension. The agreement stipulates payment by the Extension City of $442,750.00 for said property. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Bid Item.491 Bids received for Bid Item 491, Street Name Faces, are Street Name on file in the Clerk's office. On motion by Council - Faces woman Hertzog, seconded by Councilman Johnson, the bid was awarded to Maneri Sign Company, Incorporated, 1740 Awarded to Abalone Avenue, Torrance, in the amount of $8,244.00, Maneri Sign being the lowest bid meeting specifications. 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 Bid Item.492 Bids received for Bid Item 492, Two Tractors, are on Two Tractors file in the Clerk's office. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, Section I was Section I awarded awarded to Milo Equipment Corporation, 1830 East Warner to Milo Equipment Avenue, Santa Ana, in the amount of $16,308.78, being the lowest bid meeting specifications; and all bids for Bids Rejected Section II were rejected. The motion carried by the for Section II following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Bid Item 494 Bids received for Bid Item 494, Street Name Sign Blanks, Street Name are on file in the Clerk's office. On motion by Coun- Sign Blanks cilwoman Hertzog, seconded by Councilman Johnson, the bid was awarded to Vulcan Signs and Stampings, Incorpor- Awarded to ated, 400 East Berry Avenue, Foley, Alabama, in the Vulcan Signs and amount of $7,499.40, being the lowest bid meetin speci- Stampings fications. 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 Bid Item 495 Bids received for Bid Item 495, Stage Curtains and Stage Curtains Draperies for the Neighborhood Community Center, are and Draperies on file in the Clerk's office. On motion by Council- woman Hertzog, seconded by ,Councilman Johnson, the bid Awarded to was awarded as follows: Section I, draperies for multi- Fabco and purpose room, awarded to Fabco, Incorporated, 809 East Triangle Scenery 18th Street, Los Angeles, in the amount of $3,285.77, being the lowest bid meeting specifications; Section II, stage curtains and accessories for multipurpose room, awarded to Triangle Scenery, Incorporated, 1215 Bates Avenue, Los Angeles, in the amount of $5,515.00, being the lowest bid meeting specifications. The motion carried by the following roll call vote: Change Order No. 6 - Douglas Campbell Neighborhood Community Center AYES: Council Members NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson None None Change Order No. 6, in.the amount of $29,626.63,'to the contract with Douglas Campbell Company, Post Office Box 5066, Fullerton, was presented. The increase is for additional work requested by the City in connection with construction of the Neighborhood Community Center. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, the change order 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 - Advances man Johnson, a Conference Advance, in the amount of $400.00, for a police officer to attend 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 On motion by Councilwoman Hertzog, seconded by Council- man Johnson, Conference Advances, in the amount of $300.00 each, for the Mayor and City Manager to attend the National League of Cities Congressional City Con- ference in Washington, D. C., February 27 through March 3, 1981, were approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Addendum to- An addendum to the Joint City -Coast Community College Agreement - District Agreement, for use of school facilities, was College District presented. The addendum stipulates certain changes in the second and fifth paragraphs, and extends the agreement to June 30, 1986. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, the addendum was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None 1980 Parklands A request was presented from the Orange County Division, Bond Act League of California Cities, requesting the City's input in determining a preferred Priority Plan of Expenditure for the $6.7 million available to the County of Orange from the 1980 Parklands Bond Act. On motion by Council- woman Hertzog, seconded by Councilman Johnson, Resolu- Resolution 81-10 tion 81-10, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PRIORITY PLAN UNDER CALIFORNIA PARKLANDS ACT OF 1980, approving Alternate No. 3 of Exhibit 'W', was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson End of NOES: Council Members: None Consent Calendar ABSENT: Council Members: None Entertainment The Clerk presented a request that Council determine Permit for the whether or not the City should revoke the entertainment Cuckoo's Nest permit for the Cuckoo's Nest, 1714 Placentia Avenue. C1 1 The Assistant City Manager referred to his memorandum Held Over dated February 11, 1981, which gives the history of problem activities which have been occurring at the subject location. The operators of the Cuckoo's Nest, McDuck Corporation and Gerald Roach, Secretary of said corporation, have been unable to meet the conditions imposed when the entertainment permit was obtained on March 6, 1978. The subject memorandum also includes the following documentation: Notice of Hearing, complaints from neighboring business people, requests for special policing, activities generated by special policing, statements by Costa Mesa police officers, copies of police index files, a.nd correspondence with the City Attorney. Frank Barbaro, Attorney at Law, 1020 North Broadway, Santa Ana, speaking for Mr. Roach, requested a continuance of the hearing because he had not been contacted until the Thursday prior to the meeting. Mr. Barbaro stated that because of a conflict of interest, he cannot represent Mr. Roach in this matter, and has recommended another attorney. The City Attorney responded that although he had spoken with Mr. Barbaro previously, he was not aware that there was a conflict of interest. He further advised the Council that there was sufficient documentation for the hearing to proceed, if they decided it was in the best interest of the community to do so. After brief discussion, a motion was made by Vice Mayor Hall, seconded by Council- woman Hertzog, and carried unanimously, to proceed with the hearing. The Assistant City Manager announced that there were several police officers present to give testimony, and thereafter the following Costa Mesa police officers related various incidents at the Cuckoo's Nest involving disturbances and arrests: Officer George J. Yezbick, Officer Shadrick Canington, Officer Russell Rose, Officer James Taylor, Officer Darell Freeman, Officer Alan Kent, Officer Richard Bell, and Captain Robert Moody. Officer Kent submitted exhibits of a collection of photographs and an assort- ment of leather wrist bands containing metal spikes and studs. Mayor Schafer asked if a representative of the Cuckoo's Nest was present,,and Attorney Barbaros responded that Mr. Roach did not wish to speak since he was not being represented by counsel. Gil Knudson, 611 Cliff Drive, Newport Beach, owner of property at 774-78 - 17th Street, reported that he has encountered many problems with patrons of the Cuckoo's Nest such as graffiti painted on the walls of his building, bottles thrown on his property, and cars being driven onto his property. Mr. Knudson advised there were other people whose property is located near the subject establishment who were present to protest the disturbances caused by Cuckoo's Nest customers, and a show of hands was given. Elizabeth Mead, 851 Domingo Drive, Apartment 27, Newport Beach, stated her opinion that the process of abating nuisances was too lengthy. Bill Modic, 1728 Placentia Avenue, stated.that in March, 1980, a petition was presented to the City, protesting the nuisance created by the patrons of the Cuckoo's Nest, and reported that he had spent $3,000.00 on security measures for his property. The City Attorney asked if Mr. Barbaro or Mr. Roach wished to ask questions of the police officers who spoke earlier, and Mr. Barbaro responded that he was unable to represent the Cuckoo's Nest, that an extension of time was needed, and that Mr. Roach declined to address the Council. The City Attorney suggested three alternatives for the Council to consider: (1) continue the hearing; (2) take final action on revocation of the permit; or (3)`,suspend the permit, and continue the` hearing to a later date for final determination. In response to Mayor Schafer's inquiry, the City Attorney stated that if Council decided to suspend the permit, rx �L u Mr. Roach be asked if he preferred the continuance to an adjourned meeting on February 23, 1981, or at the next regular meeting of March 16, 1981. The Mayor asked Mr. Roach if he had any comments, and Mr. Roach stated he preferred the February 23 date. A motion was made by Vice Mayor Hall to suspend the entertainment permit issued to the McDuck Corporation for the opera- tion at 1714 Placentia Avenue, for the business operating under the name of the Cuckoo's Nest, that no entertainment be permitted once the permit is suspended and until a hearing takes place, that Council schedule the hearing at 6:30 p.m. or as soon thereafter as possi- ble, on Monday night, February 23, 1981, in the police auditorium. The Assistant City Manager advised that he would have to first verify that the auditorium was available on that date. Therefore, Vice Mayor included in his motion that notice of the proper location of the hearing be posted on the door of the Council Chambers, that it may possibly be held in the police auditorium or such other place as the notice states. The motion was seconded by Councilman Johnson, and the Mayor called for the vote. Vice Mayor Hall stated he wanted to add a finding to his motion as follows: there is an emergency situation; that the operation of live enter- tainment by the permittee without adequately controlling and supervising its patrons on the premises has created and perpetuates a powder keg, which could explode into violence at any moment, seriously injuring many people. Councilman Johnson seconded the inclusion of the find- ing, and the motion carried unanimously. Recess Mayor Schafer declared a recess at 8:00 p.m., and the meeting reconvened at 8:10 p.m. John Wayne/ Orange County The Clerk presented a proposed resolution endorsing, Airport subject to certain recommended actions, the concepts proposed for the improvement and expansion of air Held Over transportation services at John Wayne/Orange County Airport, as contained within planning documents dated October, 1980. Jackie Heather, Mayor of the City of Newport Beach, spoke in opposition to the resolution, stating her opinion that this was not a long-term solution, that airport noise was not addressed suf- ficiently, and there was need for a regional airport. The Assistant City Manager responded that the proposed resolution was a general policy document and does not deal with specifics. After Council discussion, a motion was made by Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried, to continue this item to the meeting of March 16, 1981. Gerald Odegaard, 1632 Pegasus Street, Santa Ana Heights, requested that the Council reverse the passage of Resolution 80-45 which was adopted at the Council meeting of April 7, 1980, indicating approval of plans for expansion of John Wayne Airport. Erma Batham, 20451 Upper Bay Drive, Santa Ana Heights, requested a written promise from the Council that additional flights would not be endorsed. Mayor Schafer responded that there would be no action on this subject because the Council had already continued the matter to.March 16, 1981. Jack opinion that the proposed resolution would promote addi- tional noise. Revenue Sharing Allocations for The Clerk presented recommendations from the Screening Social Programs Committee for allocation of Revenue Sharing funds for social programs. The Social Program Screening Committee was comprised of Council Members Hall and Hertzog, and the Assistant City Manager. Applicant agencies were interviewed on.January 31, 1981, and the committee made the following recommendations: (1) Assessment and Treatment Services Center, $10,000.00, based on the condition that funds allocated under this program be used exclusively for assisting Cosa Mesa residents; (2) Center for Creative Alternatives, $10,882.00, based on the condition that all services funded under this application will be provided to students at Davis Junior High School, Kaiser Junior High School, Rea Junior High School., and Bear Street Elementary School, and at such time as Rea Junior High School may be closed, this program shall be transferred to TeWinkle Junior High School with the consent of the Newport - Mesa Unified School District; (3) Orange Coast YMCA (Family Crisis Center/Del Mar Shelter), $33,151.00. based on the condition that continued funding for the Del Mar Shelter Home will be conditional upon the execution of an agreement between the Orange Coast YMCA and the County of Orange for the continuation of the existing program for a 12 -month period; (4) YSP, Incorporated (Community Restitution Program), $14,306.00; (5) Child Guidance Center of Orange County, $9,994.00, based on the condition that funding under this revenue sharing grant shall be used specifically for a Parent Training Program.to be conducted by the City of Costa Mesa; (6) High Hopes Neurological Recov- ery Group, Incorporated, $3,058.00; (7) Mardan School of Educational Therapy, $4,500.00, based on the condi- tion that general revenue sharing funds are to be expended only for those capital purchases identified in the agency's application, and funds are to be released upon confirmation from the Mardan Foundation that the program will be implemented; (8) Feedback Foundation (Project TLC), $11,720.00, based on the condition that funds granted under this general reve- nue sharing allocation shall be utilized solely for facility utilities and maintenance, custodial services, and a,site aide; (9) Newport/Mesa/Irvine Interfaith Council (FISH), $7,700.00; (10) Share Our Selves (SOS), $20,000.00; and (11) Voluntary Action Center (RSVP), $7,500.00. The recommended allocations come to the total amount of $132,751.00. Mayor Schafer commended the committee on their excellent work. On motion by Councilman McFarland, seconded by Councilman Johnson, the aforementioned recommendations were approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None HCDC Funding The Clerk presented recommendations from the Housing and Recommendations Community Development Committee (HCDC) for allocation of funds to the following agencies: YMCA Child Day Care Center, Post Office Box 2567, Newport Beach, $27,500.00; Harbor Area Adult Day Care Center, 420 West 19th Street, Costa Mesa, $5,000.00; and Women's Transitional Living Center, Post Office Box 6103, Orange, $10,000.00. In a memorandum dated February 9, 1981, the Housing and Community Services Division stated that each agency approved for funding by the Council will be required to enter into a secondary agreement with the City which will contain provisions for the method of dispersal of HCDA funds, reporting requirements to determine who is receiving the benefit of the program, that is, number of Costa Mesa residents, and financial reports and other information at the end of the contract to determine overall evaluation of the program's benefit to the City. Woody Morf, Associate Executive Director of YMCA, was present to answer questions from the Council. On motion by Councilman McFarland, seconded by Councilwoman Hert- zog, the recommendations and secondary agreements were approved, and the Mayor and Clerk were authorized to executive subject agreements on behalf of the City, by 82 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 1133 McFarland, Warrant Resolution 1133, including Payroll 8103, was approved 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 R-81-01 set for the public hearing for Rezone Petition R-81-01, Spangler/Lukas Frank L. Spangler, 2240 Newport Boulevard, Newport Beach, authorized agent for Margarete Lukas, 2218 Santiago Drive, Newport Beach, for permission to pre- zone property located at 2459, 2463, and 2471 Irvine Avenue, from County R4 to City R2. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director reported that the subject property contained 1.16'acres and the R2 zoning was consistent with the General Plan. The Planning Commission recom- mended approval. Tom Burger, representing Frank Spangler, was present, but there were no questions from the Council. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the Nega- tive Declaration of Environmental Impact was adopted, Ordinance 81-1 and Ordinance 81-1, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF 2459, 2463, AND 2471 IRVINE AVENUE, FROM COUNTY R4 TO CITY R2, was given first reading and passed to second reading. 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 Public Hearing The Clerk announced that this was the time and place Public Nuisance set for the public hearing to determine if the existing Hikida Property condition of property located at 278 East 21st Street, in an R1 zone, constitutes a public nuisance subject to abatement. The Affidavits of Publishing, Mailing, and, Posting of Property are on file in the Clerk's office. Notices of Public Hearing were sent by certified mail to the property owner, his attorney, and all lien holders; and a copy of the Notice of Public Hearing was hand delivered to an occupant at the subject address. A communication has been received from Dennis K. Hasty, attorney for Haruo Hikida, owner of the subject prop- erty, requesting that the hearing be continued for 30 days. The Planning staff recommended that a public nuisance be declared. The Planning Commission recom- mended that said property be declared a public nuisance with the additional recommendation that it be considered an emergency situation and treated as such. The Devel- opment Services Director referred to the memorandum dated February 10, 1981, and attachments which include the Staff Report; copies of photographs showing trash, debris, abandoned vehicles, and the hazardous condition of the building; -letters from neighborhood residents protesting the condition of the subject property; and copies of letters from the City to Mr. Hikida advising him of the possible zoning and Health Code violations. On November 24, 1980, the Planning Division sent a 3�1J �3 letter to Mr. Hikida by certified mail listing the several Code.violations which have existed for the past four years on the subject property. The violations include the presence of dismantled motor vehicles and numerous parts of dismantled automobiles; hazardous condition of the structure; deteriorated electrical wiring and room additions containing no permanent wiring but only extension cords; and plumbing facilities which are not in working order, as well as the fact that the plumbing in the kitchen had been removed. The letter also advised Mr. Hikida that the Human Services Agency of Orange County inspected his property on Sep- tember 3, 1980; and found that.the scattered trash, rubbish, and other assorted -debris constitute a public health hazard. The Development Services Director reported that recently there had been some clean up work done to the yard of the property. In response to a question from Vice Mayor Hall, George Edmiston, the City's Chief Plumbing Inspector, advised that the kitchen plumbing was in the yard, and the only working plumbing inside the structure was the lavatory. Haruo Hikida, 18512 Jocotal Avenue, Villa Park, owner of the subject property, stated that he had obtained estimates from a contractor, but work had not been started be- cause he.wanted to wait until after the public hearing. Mr. Hikida also advised that his tenants had moved their belongings into a vehicle on the property until after the house is repaired; however, he stated he was not aware beforehand that.the vehicle was being brought onto the property. Mr. Hikida answered questions from the Council concerning the alternatives available to bring the property up to standards, including demolition of the building. Richard D. Schuyler, City Building Inspector, stated his opinion that the cost of bring- ing the structure up to required standards would be extremely high, and also advised of the difficulty he encountered in his attempts to contact Mr. Hikida. Gene Meister, 277 East 21st Street, Costa Mesa, stated that the property has been in rundown condition since 1975 and requested Council to act on this matter at once. Roy McCardle, 273 East 21st Street, Costa Mesa, stated that the nuisance has existed for ten years, that the people in the neighborhood were fearful of the tenants, and that it was his opinion that the building should be demolished. Other citizens who spoke in support of abating the public nuisance were: Marc Kazarian, 281 East 21st Street,.Costa Mesa; Elizabeth Mead, 851 Domingo Drive, Apartment 27, Newport Beach, who spoke on behalf of her parents, Mr. and Mrs. Joseph Mead, 274 East 21st Street, Costa Mesa; and Jonathan Marchiorlatti, 285 East 21st Street, Costa Mesa. There being no other speakers, the Mayor closed the public hearing. After Council discussion, the follow- ing motion was made by Councilman McFarland: The property located at 278 East 21st Street, Costa Mesa, was declared a public nuisance, based on the findings contained on Page 3 of the Staff Report, the informa- tion submitted by staff, and the testimony during this public hearing. The motion was seconded by Vice Mayor Hall. In response to a question from Mayor Schafer, Councilman McFarland stated his motion included the recommendation contained on Page 4 of the Staff Report, that a letter from the Mayor be directed to Mr. Hikida stating what conditions must be corrected or abated within 30 days, and. if at the end of the 30 -day period, the owner has not complied with the mandate of the Cou.ncil, the City Attorney shall commence appropriate legal proceedings. The motion carried unanimously. Recess The Mayor declared a recess at 10:15 p.m., and the meeting reconvened at 10:20 p.m. Public Hearing The Clerk announced that this was the time and place set Show Cause for for the public hearing to show cause why the City should Demolition of have two structures demolished on property located at Buildings on 1906 Pomona Avenue, and to have property cleaned up, Mullins Property moving all debris, and charging owner for same. The Affidavits of Publishing, Mailing, and Posting of the Property are on file in the Clerk's office. Notice of Public Hearing was sent by certified mail to property owner, Jay Mullins, 330 Eureka.Avenue, San Bernardino. No communications have been received. The Development Services Director referred to the report submitted by the Assistant Building Safety Director dated February 10, 1981, which states that the two buildings on the subject site are in a state of abandonment and dis- repair, that the owner has vacillated continually between the alternatives of rehabilitating or demolish- ing them, and the problem has been unresolved. The report further details the structural history of the buildings, the actions which have been taken by the Building Safety Division as required under the Uniform Code for the Abatement of Dangerous Buildings, and a history of the staff's contacts with the property owner requesting that he abate the hazardous conditions. The Development Services Director reported that Mr. Mullins had been contacted by phone regarding the hearing, Mr. Mullins responded he would not attend, and he was not present. There being no speakers, the Mayor closed the public hearing. A motion was made by Vice Mayor Hall validating and ratifying the actions of the Building Official in declaring the buildings as dangerous, due to one or more of the conditions noted in the notice and order; authorizing enforcement of the demolition including removal of any sewer lines, septic tanks and/or cesspools as per Chapters 7, 8, and 9 of the Uniform Code for the Abatement of Dangerous Buildings; finding that the owner has been allowed an extended -time to rectify the conditions, and has neglected his responsibilities to the community; and that the required actions necessary to arrive at this decision have been carried out by City officials to make this action legal. The motion was seconded by Councilman Johnson, and carried unanimously. ZE-78-171 The Clerk presented Zone Exception ZE-78-171, Redevel- RA-78-20 opment Action RA -78-20, Eve Schoen, 3198 Alta Laguna Schoen Boulevard, Laguna Beach, for deletion of Condition 2, satisfactory documentation regarding availability of off -premise parking, for property located at 1728 Newport Boulevard. The Development Services Director reported that the Planning Commission denied the request to delete the subject condition, however, the Redevelopment Agency granted approval. Because of the conflicting decisions, this item was before Council for final determination. He also advised that the one-year approval period for the variance has expired; therefore, if the request for deletion of the condition is approved by Council, an extension of the variance might also be included. The applicant was present and answered questions from the Council. A motion was made by Councilman McFarland, seconded by Councilman Johnson, to delete Condition 2 and extend the variance for one year. The motion carried, Council Members Hertzog and Schafer voting no. ZE-80-14 The Clerk presented a request for a one-year extension Royale/Sakioka of Zone Exception ZE-80-14,'Royale Business Center, Incorporated, 21515 Hawthorne Boulevard, Suite 630,' Torrance, authorized agent for Roy K. Sakioka, Incorpor- ated, 14850 Sunflower Avenue, Santa Ana, for property located northwest of the San Diego Freeway, for the office portion of this development. The Planning Commission recommended approval. On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried, the request was. approved. ZE-80-21 The Clerk presented a request for a one-year extension Benedict/ of Zone Exception ZE-80-21, Thomas K. Benedict, 4000 Sakioka Westerly Place, Suite 200, Newport Beach, authorized agent for Roy K. Sakioka, Incorporated, 14850 Sunflower Avenue, Santa Ana, for property located in the vicinity of Bristol Street, Anton Boulevard, and Flower Street, " for the residential portion of this development. The Planning Commission recommended approval. On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried, the request was approved. ZE-81-24 The Clerk presented Zone Exception ZE-81-24, Robert J. Coles/Costa Mesa Coles, AIA, 701 West 16th Street, Costa Mesa, author-.- Redevelopment ized agent for the Costa Mesa Redevelopment Agency, Agency for variances for -density deviation and from parking requirements in conjunction with construction of 26 apartment units at 755-771 West 20th Street and at 1981-1985 Wallace Avenue; 12 units at 1924-1932 Wallace Avenue; and 12 units at 2015-2019 Pomona Avenue, in an R2 zone. Environmental Determination: Negative Declar- ation adopted for Specific Plan SP -79-01. The Planning Division staff and Planning Commission recommended approval of the project subject to 28 conditions, and denial of compact parking stalls on Sites 2 and 3. Mr. Coles was present and answered questions from the Coun- cil. He also gave a slide presentation of the project. During discussion, Vice Mayor Hall stated his opinion that air conditioning be eliminated from this type of low income project for the reason that it would be too costly for both the taxpayers and the tenants. Mr. Coles responded that air conditioning should be allowed in the laundry room because of heat produced by the commercial laundry equipment. Mark Maltzman, Vice President of Shapell Government Housing, Incorporated, stated that in connection with one of their projects in Irvine, they were able to convince the Housing Authority that air conditioning was unnecessary, and that a letter by the City to that effect would be sufficient. A motion was made by Vice Mayor Hall, seconded by Councilman Johnson, and carried, to approve Zone Exception ZE-81-24 based on the analysis and find- ings shown in the Planning Division Staff Report; to deny compact parking stalls on Sites 2 and 3; to delete guest parking spaces on Sites 2 and 3 in order to eliminate the necessity of backing onto the street; and adding Condition No. 29, that no air conditioning units shall be installed in any of the living units. Oral Jack Polans, 2864 Royal Palm Drive, Costa Mesa, sub - Communications mitted a letter and spoke briefly on the following subjects: The Block Parent Program, placement of a bulletin board in the City Hall lobby showing dates of study sessions and meetings, and reports in connection with conferences attended by public personnel and officials. Councilmanic In response to Vice, Mayor Hall's inquiry concerning a Comments bulletin board being placed in the lobby, the City Clerk advised that a calendar is printed each year under the direction of.the City Manager's office which shows dates of all scheduled meetings. She further stated that these calendars are given to the press and if Mr. Polans wanted a copy, she would obtain a calendar for him. Adjournment At 11:20 p.m., the Mayor adjourned the meeting to February 23,1981, at 4:00 p.m., in the fifth floor Conference Room of City Hall, for the purpose of holding a study session on Route 55 Freeway; and to be heard on the same day at 6:30 p.m., the continuation of the hear- ing concerning the suspension or revocation of the entertainment permit for Cuckoo's Nest, the location to be posted on the Council Chambers door. Mayor of the City of Costa N&Csa ATTEST: Ciffy Clerk of the City of Costa M a 1 L�