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HomeMy WebLinkAbout03/16/1981 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 16, 1981 The City Council of the City of Costa Mesa, California, met in regular session 'on March 16, 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 led by tho-Dandy Lions Bluebird Club, District "A" and Invocation by the Reverend Gene Talbot, First Christian Church. Roll Call Council Members Present: Schafer, Hall, Hertzog, McFarland, Johnson Council Members Absent: None Security Pacific Mayor Schafer announced that the public hearing on the National Bank Resolution of Necessity to condemn the Security Pacific National Bank property located at 153 East 17th Street, Held Over will be continued to the meeting of April 6, 1981. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 8, Request from International Speedway, Incorporated, to conduct mini swap meets at the Orange County Fairgrounds; Item 10, request from Round Up Corporation for a dance permit; Item 11, request from Sunset Restaurants for a dance permit; Item 16, Agreement with Ken Sampson for governmental consultant services in connection with the Mesa/Newport Marina; and Item 25, Superior Court Case No. 32-93-43, Kawasaki Motors Corpora- tion versus the City of Costa Mesa, et al, for recovery of ad valorem property taxes. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the remaining Consent Calendar 1 7 i Officials Present:- City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk Minutes,,,, .-The Mayor declared the minutes of the regular meeting February 17, 235 of February 17, 1981, adjourned meeting of February 23, and March 2, 1981 1981, and regular meeting of March 2, 1981, 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. Proclamation - The Mayor presented to the Dandy Lions Bluebird Club, Camp Fire District "A", a proclamation declaring March 15 to Birthday Week:-"' March 21, 1981, as Camp Fire Birthday Week. Citizens Award Commander Rock of the Veterans of Foreign Wars presented a patriotic citizens award to Bill Goochey, 1640 Newport Boulevard, Costa Mesa, for displaying the American Flag. Vietnam Veterans Dan Gott presented his request that April 25, 1981, be Appreciation Day proclaimed as Vietnam Veterans Appreciation Day in the City of Costa Mesa, in honor of those who served in our armed forces, and urged all citizens to display the American Flag on this day. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and car- ried, April 25, 1981, was declared as Vietnam Veterans Appreciation Day. Security Pacific Mayor Schafer announced that the public hearing on the National Bank Resolution of Necessity to condemn the Security Pacific National Bank property located at 153 East 17th Street, Held Over will be continued to the meeting of April 6, 1981. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 8, Request from International Speedway, Incorporated, to conduct mini swap meets at the Orange County Fairgrounds; Item 10, request from Round Up Corporation for a dance permit; Item 11, request from Sunset Restaurants for a dance permit; Item 16, Agreement with Ken Sampson for governmental consultant services in connection with the Mesa/Newport Marina; and Item 25, Superior Court Case No. 32-93-43, Kawasaki Motors Corpora- tion versus the City of Costa Mesa, et al, for recovery of ad valorem property taxes. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the remaining Consent Calendar 1 7 i 41. 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 Destruction of On motion by Councilman McFarland, seconded by Vice Records in the Mayor Hall, Resolution 81-11, being A RESOLUTION OF THE Leisure Services CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Department Daniel R. and Patricia Rhoades, doing business AUTHORIZING RECORDS DESTRUCTION FOR THE LEISURE SER- guez and Francisco J. Soto, doing business at VICES DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO Resolution 81-11 ORDINANCE NO. 75-60, was adopted by the following roll Commission, approving Application No. 60041, call vote: porated, for authority to extend its passenger AYES: Council Members: Schafer, Hall, Hertzog, to include the Warner Center; specifically the employees of 20th Century Insurance Company and McFarland, Johnson employees of other companies in and near the NOES: Council Members: None (a) A communicati-on and petition from Citizens Bolsa Chica ABSENT: Council Members: None Destruction of On motion by Councilman McFarland, seconded by Vice Records in the Mayor Hall, Resolution 81-12, being A RESOLUTION OF THE City Clerk's fornia, and in particular, at Bolsa Chica. CITY COUNCIL OF THE -CITY OF COSTA MESA, CALIFORNIA, Department AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK'S DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO Resolution 81-12 ORDINANCE NO. 75-60, was adopted 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 Wesley R. Harrison on behalf of Steve Eisenbeiss; Liberty Mutual Insurance Company on behalf of Darrell Outlaw; Chano T. Camarillo; Attorney Wilma E. Presley on behalf of Gayle Griffithe; Attorney John R. Cogorno on behalf of Nina Huzyk; Norman Touchette; Mary Brindley; and William Fisk, Jr. Alcoholic Alcoholic Beverage License Applications for which Beverage Licenses parking has been approved by the Planning Divi- sion: Virginia E. Blanchard, doing business at 1797 Newport Boulevard; Jay S. and Joanne D. Eiseman, doing business at 3176 Pullman Street; Daniel R. and Patricia Rhoades, doing business at 1830 Newport Boulevard; and Sergio C. Rodri- guez and Francisco J. Soto, doing business at 2230 Harbor Boulevard. Public Utilities Decision No. 92741 from the Public Utilities Commission Commission, approving Application No. 60041, Southern California Commuter Bus Service, Incor- porated, for authority to extend its passenger stage commuter service from Los Angeles County to include the Warner Center; specifically the employees of 20th Century Insurance Company and employees of other companies in and near the Warner Center. Ocean Access at (a) A communicati-on and petition from Citizens Bolsa Chica for Ocean Access and Recreation, 19492 Holi- day Lane, Santa Ana, requesting that the City of Costa Mesa adopt a resolution, for public officials to take necessary steps to provide for ocean access along the coast of Cali- fornia, and in particular, at Bolsa Chica. (b) A communication from Amigos de Bolsa Chica, Post Office Box 1563, Huntington Beach, requesting that the Costa Mesa City Council take no action on the aforementioned resolu- End - Reading tion from Citizens for Ocean Access and Folder Recreation. Santa Ana Heights A resolution from the Orange County Board of Specific Plan Supervisors concerning the Environmental Manage- ment Agency (EMA) report on the Santa Ana Heights Specific Plan and ANCLUC Implementation Monitor- ing Program. Business Permits Notice of Intention to Appeal or Solicit for Charitable Purpose was presented, from American Cancer Society, American Cancer 4030 Birch Street, Suite 101, Newport Beach, for fund Society _ raising, from April 1, to June 30, 1981. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the request was approved with application of Section 9-234J of the Municipal Code. United Cerebral Notice of Intention to Appeal or Solicit for Charitable Palsey Purpose was presented, from United Cerebral Palsey, 3020 West Harvard Street, Santa Ana, by collecting reuseable household and personal items. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the request was approved through December 31, 1981, with application of Section 9-234J of the Municipal Code. Circus Vargus A request was presented from Circus Vargus, 5150 Candle - wood Street, Lakewood, to hold a three-day circus at 3100 Bristol Street on March 17, 18, and 19, 1981. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the request was approved subject to the conditions of the Revenue Division. National Multiple Notice of Intention to Appeal or Solicit for Charitable Sclerosis Society Purpose.was presented, from National Multiple Sclerosis Society of Orange County, 7571 Westminster Avenue, Westminster, by mail and neighbor participation, from May 10 to June 21, 1981. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the request was approved with application of Section 9-234J of the Municipal Code. International A request was presented from International Speedway, Speedway. Incorporated, Post Office Box 3334, San Clemente, to promote motorcycle races at the .Orange County Fair- grounds on the following dates: March 6, April 3, 10, 17, and 24, May 1, 8, 15, 22, and 29, June 5, 12, 19, and 26, July 3, 10, 24, and 31, August 7, 14, 21, and 28, September 4, 11, 18, and 25, and October 10, 1981. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the request was approved, sub- ject to the conditions of the Revenue Division. Set for Public The following item was set for public hearing on April Hearing 6, 1981, at 6:30 p.m., in the Council Chambers of City Hall: R-81-02 Rezone Petition R-81-02, Costa Mesa City Council, for permission to rezone property located at 2910 Red Hill Avenue (southeast corner of Red Hill Avenue and Clinton Street) from CL, Limited Commercial, to MP, Industrial Park. Environ- mental Detemination: Negative Declaration. Rejected Claims On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the claim of Sharon Jo Wilson Wilson was rejected. r 1 Dobbins On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the claim of Clifford C. Dobbins was rejected. Bartlett On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the claim of Greg Bartlett = was rejected. Agreement - On motion by Councilman McFarland, seconded by Vice Richard Monahan Mayor Hall, an agreement between the City of Costa Mesa and Richard Monahan, Data Processing Consultant, 9322 Flicker Avenue, Fountain Valley, for systems analysis and programming work for the Financial Management System, was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the fol- lowing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Retirement Plan Amendment No. 3 to the Retirement Plan for the Safety Safety Employees - Employees of the City of Costa Mesa, was presented. Amendment No. 3 The purpose of the amendment is to incorporate into the plan document the statutory limitation on benefits con- tained in Section 415 of the Internal Revenue Code. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the amendment 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 Emergency Repairs On motion by Councilman McFarland, seconded by Vice - Corporation Yard Mayor Hall, authorization was given for payment of $6,274.44, for emergency repairs to the truck hoist at the Corporation Yard, by Del Service, Incorporated, 4673 Alger Street, Los Angeles, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Change Orders Change Orders to the contract with Electrend, Incor- Electrend porated, 15431 Blackburn Avenue, Norwalk, in connection with the F. A. U. Master Signal System, were presented. F. A. U. Master Change Order No. 1 reflects six items deleted or sub - Signal System stituted resulting in a credit of $2,130.00; Change Order Nos. 2, 3, and 4, are for revisions in electrical and signal facilities on Harbor Boulevard at an increase of $12,450.00, $6,200.00, and $14,800.00 respectively; Change Order No. 5, in the amount of $8,000.00, is for revision of signal work on recently failed detectors at the intersection of Bristol Street and Anton Boulevard; and Change Order No. 6, in the amount of $11,500.00, is for the revision of the work planned at the conduit entrance into City Hall. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the change orders were approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Change Orders and Change Orders to the contract with the Griffith Company, Notice of Completion Post Office Box B -T, Irvine, in connection with the Con - Griffith Company struction Contract for South Coast Drive, Assessment . District No. 79-01, were presented. Change Order No. Assessment District 6, in the amount of $2,000.00, is for installation of No. 79-01 an additional water meter, and Change Order No. 7 is for revision of the contract completion date from July 15 to October 31, 1980. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the change orders were approved 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 was presented for Tract 11228, Paul Tract 11228 - Balalis, 3471 Via Lido, Suite 211, Newport Beach; one Balalis lot, 0.94 -acre, located at 340-350 Avocado Street, for condominium purposes. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the map was approved; the Council did accept on behalf of the City of Costa Mesa the ingress -egress easement for emergency vehicles as dedicated; did also approve subject map pursuant to the provisions of Section 66436(c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign subject map on behalf of the City, by the fol- lowing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None ZE-79-151 Zone Exception ZE-79-151, David Poindexter, 246 East Poindexter 16th Street, Costa Mesa, for property located at the above address, was presented. Improvements have been completed to the satisfaction of the Director of Public Services. On motion -by Councilman McFarland, seconded by Vice Mayor Hall, the improvements were accepted, and a cash.deposit of $17,000.00 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 DR -79-48 Development Review DR -79-48, South Coast Bank, 890 Baker South Coast Bank Street, Costa Mesa, for property located at the above address, was presented. Improvements have been com- pleted to the satisfaction of the Director of Public Services. On motion by Councilman McFarland, seconded by Vice.Mayor Hall, the improvements were accepted and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Santa Ana Santa Ana Transportation Corridor, Phase I Report, was Transportation presented in connection with the Orange County Trans - Corridor portation Commission and the Orange County Transit District study of transportation needs generally along the Santa Ana Freeway throughout Orange County. A motion was made by Councilman McFarland, seconded by Vice Mayor Hall, and carried, adopting the following Council position: (1) -The City Council of the City of Costa Mesa approves and supports the concept of a fixed guideway transit system serving the South Coast Plaza area, and encourages its continued study; (2) The City Council wishes to receive formal notice prior to the study of other areas of Costa Mesa for guideway potential, including Bristol Street south of I-405 and Newport'Boulevard; (3) The City Council believes that the Santa Ana Transportation Corridor Study and pre - 1 [-I 1 vious multi -model efforts have not conclusively demonstrated that the Santa Ana Freeway reconstruction and widening should be the top priority highway improve- ment in the County, especially if this would expend the bulk of available highway funding revenues for the next 15 years; (4) In view of dwindling highway funding resources and changing travel behavior, the component phases of this project must be evaluated along with other projects based on available resources plus cur- rent and future needs. Bid Item 492 "A" Bids received for Bid Item 492 "A", One Tractor, are One Tractor on file in the Clerk's office. On motion by Councilman McFarland, seconded by Vice Mayor Hall, all bids were Bids Rejected rejected by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Bid Item 497 Bids received for Bid Item 497, Uniforms for Police, Uniforms for Fire, and Communications Personnel, are on file in Personnel the Clerk's office. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the bid was awarded to Awarded to Work Duds, 1618 East Edinger Avenue, Santa Ana, being Work Duds 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 Construction of Bids received for Constuction of 16th Street Storm Drain, 16th Street from Placentia Avenue to Pomona Avenue, are on file in Storm Drain the Clerk's office. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the contract was awarded Awarded to to Mladen Buntich Construction Company, 9946 Rancho Mladen Buntich Caballo Drive, Sunland, in the amount of $84,300.00, 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 International Item 8 on the Consent Calendar was presented, a request Shows from International Speedway, Incorporated, Post Office Box 3334, San Clemente, to conduct mini swap meets at the Orange County Fairgrounds on the following dates: April 17, May 2, -June 19, August 1, and 14, September 25, November 6, and December 5, 1981. Councilwoman ` Hertzog expressed her concern with the sale of auto- mobiles at the Fairgrounds. The applicant clarified that vehicles would only be displayed at the Fair- grounds, no direct automobile sale would be made there. Interested parties would make arrangements with the sellers to inspect and test drive the vehicles at some other location. On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried, the request was approved, subject to conditions of the Revenue Division. Round Up Item 10 on the Consent Calendar was presented, a request Corporation from Round Up Corporation, 843 West 19th Street, Costa Mesa, for a dance permit at that address. Councilwoman Hertzog suggested that the permit be issued for a period of one year, with reevaluation at that time and the option to renew the permit. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, the request was approved subject to the conditions of the Revenue Division for one year, after which time the application will be reevaluated. &7) rlt �- f v -J 4.�� Sunset Item 11 on the Consent Calendar was presented, a request Restaurants from Sunset Restaurants, 1976 Newport Boulevard; Costa Mesa, for a dance permit at that address. Councilwoman Hertzog suggested that the permit be issued for a period of one year, with reevaluation at that time and the option to renew the permit. Vice Mayor Hall stated that he would prefer a six-month review of the application. Harry Swintek, 2449 Vassar Place, Costa Mesa, applicant, was present and agreed to the conditions. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, the request was approved subject to the conditions of the Revenue Division, contained in a memorandum from the Revenue Supervisor dated March 11, 1981, for six months, after which time the application will be reevaluated. Agreement - Item 16 on the Consent Calendar was presented, an Sampson agreement between the City of Costa Mesa and Ken Samp- son, Governmental Consultant, 2521 Bayshore Drive, Newport Beach, for governmental consultation services in connection with the Mesa/Newport Marina. Vice Mayor Hall suggested that a status report,be given after six months with the option of cancelling the agreement at that time. The City Manager stated that the City has the option of cancelling the agreement at the conclusion of any six-month period as stated in the last paragraph of the agreement. He also stated that a status report will be given at the end of the six-month period as has been given following the conclusion of each six-month period in the past two years. On motion by Vice Mayor Hall, 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 Superior Court Item 25 on the Consent Calendar was presented, Superior Case - Court Case No. 32-93-43, Kawasaki Motors Corporation Kawasaki Motors versus the City of Costa Mesa, et al, for recovery of ad valorem property taxes. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, stated his opinion that the City Attorney should represent the City in this matter rather than the County Counsel. The City Attorney responded that authorizing the County Counsel to repre- sent the City saves time and expense to both the City and the taxpayers as these cases are filed quite frequently and the paperwork required would be time consuming and expensive. He added that his office monitors the lawsuits. On motion by Councilman McFar- land, seconded by Vice Mayor Hall, the County Counsel was authorized to represent and defend the City of Costa Mesa in the subject case, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Assessment The Clerk presented Assessment District No. 80-1, Sun - District 80-1 flower Avenue/MacArthur Boulevard, for construction of - certain public streets, improvements together with Sunflower/ appurtenances and appurtenant work, all within or im- mediately adjacent to the incorporated limits of the City of Costa Mesa. MacKenzie Brown, Special Counsel for the City of Costa Mesa, 1600 Dove Street, Newport Beach, briefly explained the goals and purpose of the necessary Council action. Mr. Brown called on George McFarlin of Robert Bein, William Frost and Associates, 1401 Quail Street, Newport Beach, an engineering and 1 1 On motion by Vice Mayor Hall, seconded by Councilman Resolution 81-16 Johnson, Resolution 81-16, being A RESOLUTION OF THE... Call for Con- CITY COUNCIL OF THE CITY OF COSTA MESA, REFERENCING PRE- struction Bids VAILING WAGE SCALE AND DIRECTING CALL FOR CONSTRUCTION surveying firm, who outlined the works of improvements as proposed for this Assessment District. Mr. McFarlin stated that at the City Council meeting held on May 19, 1980, the City Council accepted and approved a petition signed by owners of 96.1 percent of the assessable area of lands within the boundaries of the District and instructed the staff to proceed with the formation of the Assessment District. Mr. McFarlin presented a proposed boundary map showing the proposed boundary of the Assessment District and the extent of the works of improvements. On motion by Vice Mayor Hall, seconded Resolution 81-13 by Councilman Johnson, Resolution 81-13, being A RESOLU- Boundary Map TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Approved ADOPTING A MAP SHOWING THE GENERAL NATURE, LOCATION AND EXTENT OF THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT AND SHOWING THE PROPOSED BOUNDARIES OF THE ASSESSMENT DISTRICT TO BE ASSESSED FOR CERTAIN COSTS AND EXPENSES OF SAID IMPROVEMENT, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None In response to Councilman McFarland's inquiry as to whether the funds under the Improvement Bond Act of 1915 were tax exempt bonds, Mr. Brown stated that they were. Councilman McFarland advised that he would be voting against the adoption of the proposed resolution. On motion by Vice Mayor Hall, seconded by Councilman Resolution 81-14 Johnson, Resolution 81-14, being A RESOLUTION OF THE Declaring CITY COUNCIL OF THE CITY OF COSTA MESA, DECLARING INTEN- -Intention TION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS to Order TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN Construction CONNECTION THEREWITH IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE TERMS AND PROVISIONS OF THE "MUNICIPAL IMPROVEMENT ACT OF 1913"; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT AND DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: McFarland ABSENT: Council Members: None Mr. McFarlin made a presentation of the Enginee'r's Report, as required by law. Mr. McFarlin advised that William Stookey, Willdan Associates, 1020 Anaheim Boule- vard, Anaheim, retained by the City as Assessment Engineer, was present to answer questions from the Council-, but there were none. In response to the City Manager's inquiry as to how many votes will be required at the proposed public hearing for the Council to pro- ceed with the Assessment District, Mr. Brown responded that three votes were necessary. On motion by Vice Resolution 81-15 Mayor Hall, seconded by Councilman Johnson, Resolution Hearing Set 81-15, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, PASSING ON THE REPORT PRESENTED PURSUANT TO THE "MUNICIPAL IMPROVEMENT ACT OF 1913119 GIVING PRELIMINARY APPROVAL AND SETTING TIME AND PLACE OF PUBLIC HEARING, setting a public hearing on May 4, 1981, was adopted 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 Vice Mayor Hall, seconded by Councilman Resolution 81-16 Johnson, Resolution 81-16, being A RESOLUTION OF THE... Call for Con- CITY COUNCIL OF THE CITY OF COSTA MESA, REFERENCING PRE- struction Bids VAILING WAGE SCALE AND DIRECTING CALL FOR CONSTRUCTION BIDS, -subject bids to be opened on April 16, 1981, was adopted 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 Vice Mayor Hall, seconded by Councilman Resolution 81-17 Johnson, Resolution 81-17, being A RESOLUTION OF THE Approving Utility CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Contracts APPROVING CONTRACTS FOR UTILITY INSTALLATION AND APPURTENANCES IN ASSESSMENT DISTRICT NO. 80-1 (SUN- FLOWER/MacARTHUR INDUSTRIAL AREA) IN THE CITY OF COSTA MESA, CALIFORNIA, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Mr. Brown stated that the Council was in receipt of a proposal from Stone and Youngberg Investment Securities, One California Street, San Francisco, in connection with award for sale of bonds. Councilman McFarland advised that he would be voting against the proposed resolution. On motion by Vice Mayor Hall, seconded by Councilman Resolution 81-18 Johnson, Resolution 81-18, being A RESOLUTION OF THE Award for Sale CITY COUNCIL OF THE CITY OF COSTA MESA, ACCEPTING PRO - of Bonds POSAL AND MAKING AWARD FOR SALE OF BONDS AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMPTION FUND FOR THE PAYMENT OF SAID BONDS, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: McFarland ABSENT: Council Members: None R-80-09 On motion by Vice Mayor Hall, seconded by Councilman Gussin McFarland, Ordinance 80-21, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 80-21 CHANGING THE ZONING OF 1953 AND 1955 ANAHEIM AVENUE, Adopted FROM R2 TO R3, in connection with Rezone Petition R-80-09, 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-81-01 On motion by Councilman McFarland, seconded by Vice Spangler/Lukas Mayor Hall, Ordinance 81-1, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 81-1 CHANGING THE ZONING OF 2459, 2463 AND 2471 IRVINE Adopted AVENUE, FROM COUNTY R4 TO CITY R2, in connection with Rezone Petition 81-01, 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 John Wayne/Orange A proposed resolution endorsing, subject to certain County Airport recommended actions, the concepts proposed for the improvement and expansion of air transportation ser - Removed from vices at John Wayne/Orange County Airport, was removed Agenda from the Agenda. Warrant On motion by Councilman McFarland, seconded by Council - Resolution 1134 woman Hertzog, Warrant Resolution 1134, including Payroll 8104, was approved by the following roll call vote: 1 1 1 1 r�l AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson None None Warrant On motion by Councilwoman Hertzog, seconded by Council - Resolution 1135 man McFarland, Warrant Resolution 1135, 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 Councilman McFarland, seconded by Council - Resolution 1136 woman Hertzog, Warrant Resolution 1136, including Payroll 8105, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Soffer Versus The City Attorney referred to his memo of February 25, City of 1981, and reported that a decision had been reached in Costa Mesa favor of the City in connection with the Soffer law- suit, concerning the towing of vehicles. Adult Use The City Attorney reported that he would be submitting Businesses to the Council for consideration, some revisions to the current zoning ordinance dealing with adult entertain- ment businesses. Recess The Mayor declared a recess at 7:30 p.m., and the meeting reconvened at 7:40 p.m. Public Hearing The Clerk announced that this was the time and place set EIR for ZE-80-178 for the continued public hearing from the meeting of South Coast Plaza January 19, 1981, to consider the Environmental Impact Report (EIR) for Zone Exception ZE-80-178, Malcolm C. Ross, 3315 Fairview Road, Costa Mesa, authorized agent for South Coast Plaza, for proposed South Coast Plaza office tower, 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. No communications have been received. The Plan- ning Commission and Staff recommended acceptance of the EIR as adequate. The Development Services Director presented the EIR, for Zone Exception ZE-80-178. Reba Touw, Associate Planner, addressed the most significant impacts identified in the EIR, which include: Housing, Seismic Safety, Hydrology, Traffic and Circulation, and Fire Protection. In response to Councilwoman Hertzog's inquiry as to whether the traffic impact mitigating measures included the new transportation system, Mrs. Touw replied that although it was not considered, if and when it becomes a reality it will mitigate the traffic. Malcolm Ross, authorized agent for South Coast Plaza, 3315 Fairview Road, Costa Mesa, was present and called upon Henry Segerstrom for a presentation on the proposed project. Mr. Segerstrom, 3315 Fairview Road., Costa Mesa, presented slides in connection with the background of the project and nature of development. Maris Peika, Skidmore, Owings, and Merrill, 70 Universal Plaza, Universal City, architects for the proposed pro- ject, presented additional- slides and emphasized the design detail. Mr. Ross asked if there were any ques- tions from the Council Members, but there were none. �—sa-1h 2fe `00" Jim Carlson, past President of Brookview Homeowners Association, 622 Rhine Lane, Costa Mesa, reported on the poor television reception received by the home- owners since the erection of South Coast Plaza. He related that the problem will worsen if the proposed high-rise structure is erected at South Coast Plaza. Mr. Carlson stated that although the EIR does address the problem of television reception, it does not address the total situation. He submitted a report prepared for the Association by Cal Tech System Special- ists, 1181 North Kraemer Boulevard, Anaheim, on the subject. The report states that the cost of upgrading the television reception would be from $12,000.00 to $14,000.00. Mr. Carlson requested that the developer take some or all of the financial burden involved in the upgrading of the system. Mrs. Touw stated that an additional condition could be posed as a mitigation measure if the Council felt there was a potential impact. Vice Mayor Hall referenced page 79 in the Final EIR under Mitigation Measures, which states "an antenna could be placed on one of the high-rise build ings or on the proposed project, and the signal trans- mitted to the condominiums by cable." Vice Mayor Hall questioned Mr. Ross as to whether he would be willing to comply with an additional condition posed as a mitigation measure. Mr. Ross stated that he would be willing to have comparisons taken now and after the proposed project is constructed and if there is any additional difficulty with the television reception, would engage in a mitigation measure. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, read and submitted a letter to the Council dated March 16, 1981, requesting that a Phase II public hearing be held, whereby the Final EIR could be challenged by all interested parties. Mayor Schafer responded that ample time had been given for anyone who wished to voice their opinion on the matter. Dean Wolfe, The May Department Stores Company., 611 Olive Street, St. Louis, Missouri, submitted a bound document containing objections of The May Depart- ment Stores, to the Zone Exception and EIR. Mr. Wolfe summarized the following main objections to the Report: (1) The EIR is based on the incorrect assumption that the project has the right to use adjoining property land for ingress and egress; (2) The project has not yet developed a formal on-site parking plan; (3) The basis for the EIR is the traffic generation associated with an average shopping day whereas standard traffic planning practice demands that design day criteria be used; (4) The results of the. EIR prove level of Service D. or worse, operation will occur at key locations every day of the year; .(5) The project has not yet developed a proposal for accommodating on-site traffic circula- tion; and (6) The CENTROCCS study and the draft EIR project traffic volumes only until 1982. The recom- mended mitigation measures provide no capacity reserve beyond 1982. Pat.Gibson, Vice President of Barton, Aschman Associates, Incorporated, Pasadena, traffic consultants hired by May Department Stores, concurred with the objections stated by Mr. Wolfe, with regards to use of average shopping day, and the use of 1982 as a projection year for traffic volumes. Edwin Murck, Manager of Traffic and Planning, The May Department Stores Company, expressed his opposition to the adoption of the EIR, in terms of traffic circulation problems. Mrs. Touw commented that the comparison of office devel- opment to that of regional shopping center areas in terms of traffic intensity may be invalid as the impact is different. Paul Wilkinson, Linscott Law and Green- span, consulting traffic engineers involved in the preparation of the EIR in terms of traffic, responded to the opposition concerning average shopping day versus design day, and the use of 1982 as a projection year. Mayor Schafer requested Mr. Wilkinson's comments con- cerning the lack of internal circulation in the project plan. Mr. Wilkinson stated that the lack of internal circulation was not evaluated in the EIR because the plans were not yet formulated, but that the staff has recommended a condition to be attached to the approval of the project that the subject plans as they are for- mulated, be reviewed by the Director of Public Services and approved on that basis. Daryl Mangan, Federated Department Stores, 14760 Ventura Boulevard, Encino, spoke in opposition to the EIR, and called upon Robert Crommelin, transportation and traffic engineering consultants, hired by his company. Robert Crommelin, 17071 Ventura Boulevard, Encino, explained the on-site impacts of traffic and parking deficiencies, which he felt were not fully addressed in the EIR. ,Discussion followed between the Staff Members and Council con- cerning parking, traffic, and the traffic projection year. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, expressed his concern with the impact a flood would have on the proposed subterranean parking, since the subject property is in a flood plain. There being no other speakers, the Mayor closed the public hearing. Following Council discussion, a motion was made by Vice Mayor Hall, seconded by Councilman McFarland, to accept the EIR for ZE-80-178, as accurate and adequate, including all of the data, analysis, and information presented, with the findings and mitigation measures that have been prepared within the document. The motion carried unanimously. Recess The Mayor declared a recess at 9:50 p.m., and the meeting reconvened at 10:00 p.m. Public Hearing The Clerk announced that this was the time and place set ZE-80-178 for the continued public hearing from the meeting of South 'Coa'st Plaza January 19, 1981, for Zone Exception ZE-80-178, Malcolm C. Ross, 3315 Fairview Road, Costa Mesa, authorized agent for 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 park- ing requirements for South Coast Plaza and the Town Center area. No communications have been received. The Planning Commission recommended approval of the Master Plan Amendment, Conditional Use Permits, and variance. Planning Staff suggests that the Master Plan Amendment involves policy decisions; therefore have not made a recommendation on this issue. However the Staff recom- mends that if the Council approves the Master Plan Amendment, that the variance and Conditional Use Permits be approved. Reba Touw, Associate Planner presented Zone Exception ZE-80-178. Malcolm Ross, was present to answer questions from the Council, but there were none. Dean Wolfe, The May Department Stores Company, 611 Olive Street, St. Louis, Missouri, requested that his previous comments be incorporated -into the public hearing. The City Manager recommended that the last sentence of Condi- tion No. 17 be modified to read, "Said agreement shall be submitted to and approved by the City Council prior to occupancy of the office structure portion of the building." Jim Carlson, Past President of Brookview Homeowners Association, 622 Rhine Lane, Costa Mesa, reiterated his previous comments concerning television reception received by the Homeowners in his area, and suggested that an added condition be included with the proposed conditions stating that the developer take some or all of the financial burden involved in the upgrading of the television reception. Vice Mayor Hall requested a comment from Mr. Ross regarding the poten- tial television reception problem for the homeowners. Mr. Ross stated that he would be willing to have the data presented this evening for recommendation of a solution by the Staff and the preparers of the Environ- mental Impact Report, and after analysis would be willing to commit to a program. Upon the request of Mayor Schafer, Vice Mayor Hall read the conclusion from the report prepared for the Brookview Homeowners Associ- ation, by Cal Tech Systems Specialists, 1181 North Kraemer Boulevard, Anaheim, which reads "In conclusion, we at Cal Tech Systems Specialists.suggest erecting a television tower at the extreme west boundary of Brook - view." "Cost would be approximately $12,000.00 to $14,000.00." "Please note that the future planning of high-rise structures as South Coast -Plaza will also create another reception problem for the Brookview Home- owners." Mr. Ross reported that he would be willing to take responsibility for the necessary action, providing that is the extent of it. He added that he would like to get another expert opinion on the recommended solu- tion. There•being no other speakers, the Mayor closed the public hearing. After stating his opinion on the proposed project, Vice Mayor Hall made a motion, sec- onded by Mr. McFarland, to approve ZE-80-178, and a Conditional Use Permit, based on the analysis and find- ings of the Staff, subject to conditions, with Condition No. 17 modified as recommended by the City Manager. Mayor -Schafer advised that she would be. voting against the proposed South Coast Plaza extention because of the intensity of.the project, and its impacts on housing and traffic in the area. Mr. McFarland stated he felt this type of development should be encouraged if projects like the transportation corridor are to become a re- ality. The motion carried, Mayor Schafer voting no. Public Hearing The Clerk announced that this was the time and place Condemnation of set for the public hearing to consider a Resolution of Security Pacific Necessity to condemn the.Securi.ty Pacific National Bank Bank Property property 1 ocated at 153 East 17th Street, designated Parcel No. 7, in connection with the 17th Street ex - Held Over tension. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, the public hearing was continued to the meeting of April 6, 1981, at 6:30 p.m., in the Council Chambers of City Hall. Public Hearing The Clerk announced that this was the time and place set Revisions to for the public hearing for a proposed ordinance amending Parking Ordinance Title 13 of the Costa Mesa Municipal Code regarding small car parking in commercial developments, parking forrestaurants in the industrial zone, and recodifica- tion of an existing development standard in the R3 zone. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval. The Develop- ment Services Director suggested that an amendment be made to page 2, Section 13-560, of the proposed ordi- nance, so it would read "Twenty-five percent (25%) of all parking spaces in excess of fifteen (15) may be small car spaces." There being no speakers, the Mayor closed the public hearing. On motion by Councilman Ordinance 81-2 McFarland, seconded by Councilman Johnson, Ordinance First Reading 81-2, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING SMALL CAR PARKING IN COMMERCIAL DEVELOPMENTS, PARKING FOR RESTAURANTS IN THE INDUSTRIAL ZONES, AND RECODIFICATION OF AN EXISTING DEVELOPMENT STANDARD IN THE R3 ZONE, was given first reading and passed to second reading, including the amendment as recommended by the Development Services Director. 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 ZE-80-168A The Clerk presented Zone Exception ZE-80-168A, McLain McLain/ Development Company, 1470 Jamboree Road, Newport Beach, Segerstrom authorized agent for. Nellie Ruth Segerstrom, 3315 Fairview Road, Costa Mesa, for a Conditional Use Permit and Final Development Plan with variance from required landscape setbacks; from required location, number, and type of parking spaces; and to exceed maximum permitted site coverage in conjunction with construction of a 244 - unit condominium development, located at the southeast corner of Fairview Road and South Coast Drive, in a PDR - MD zone. Environmental Determination: Environmental Impact Report for General Plan Amendment GP -76-3D adopted in 1976. The Planning Commission recommended approval subject to conditions. The Development Ser- vices Director summarized Zone Exception ZE-80-168A. Vice Mayor Hall asked if an acoustical analysis had been prepared to determine whether or not a six-foot wall would be sufficient in blocking out freeway noise. The Development Services Director reported that Condition No. 30 in the Staff Report requires the applicant to submit an acoustical analysis, prepared under the super- vision of a person experienced in the field of acousti- cal engineering, of the proposed development. Bob McLain, McLain Development Company, 1470 Jamboree Road, Newport Beach, stated that an acoustical analysis had been prepared,"and agreed'to the proposed conditions. The Public Services Director referred to his memo of March 9, 1981, recommending that an additional condition be proposed which would require that the developer dedi- cate right of way on Fairview Road at South Coast Drive (southeast corner) for right turn pocket per the Master Plan of Highways, and construct a right -turn pocket on Fairview Road at South Coast Drive (southeast corner) per the City of Costa Mesa Standard Plans and require- ments of the City Engineer. The applicant agreed to the newly added condition. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the Zone Exception was approved, based on the analysis and findings of the Staff Report, and subject to conditions recommended by the Planning Commission, with the added condition as recommended by the Public Services Director. The motion carried unanimously. ZE-81-26 The Clerk presented Zone Exception ZE-81-26, The Gregory Gregory Company Company, 17961 Cowan, Irvine, for construction of an eight -unit Planned Residential Development, with vari- ances from maximum site coverage, percentage of open space available for common use, and front setback requirement, located at 250 West Wilson Street, in a PDR -LD zone. Environmental Determination: Negative Declaration adopted for General Plan Amendment GP -80-1A. The Planning Commission recommended approval subject to conditions. Jim Gregory, 250 West Wilson, Costa Mesa, was present and answered questions from the Council. On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried, Zone Exception ZE-81-26 was approved based on the analysis and findings of the Staff Report, and subject to conditions recommended by the Planning Commission. Oral Jack Polans, 2864 Royal Palm Drive, Costa Mesa, read Communications and submitted a letter to the Council. He stated that he had not yet received a reply in connection with his Request for letter of March 2, 1981, to the City Clerk requesting a Hearing hearing on complaint against the City Manager. A motion e"`w was made by Vice Mayor Hall, seconded by Councilman McFarland, and carried, to deny Mr. Polans's request because of insufficient reason and findings to sub- stantiate a hearing. Councilmanic Vice Mayor Hall expressed his concern with the Univer- Comments sity Drive extension consideration, and stated that if it is not resolved by July of 1982, the concept should be abandoned. Town Center Mayor Schafer reported that it had been brought to her Area attention of the problems encountered due to the parking prohibition on Town Center Drive. The City Manager sug- gested that this item be brought before the Traffic Commission for review and formal recommendation. Fol- lowing Council discussion, a motion was made by Mayor Schafer, seconded by Vice Mayor Hall, and carried, to bring before the Traffic Commission for study and recom- mendation, on -street parking for the Town Center area. Adjournment The Mayor declared the meeting adjourned at 11:05 p.m. Mayor of the City of Costa Mesa ATTEST: C y Clerk of the City of Costa M a [J r