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HomeMy WebLinkAbout05/18/1981 - City Council1 Roll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 18, 1981 The City'Council of the City of Costa Mesa, California, met in regular session on May 18, 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 Doctor George 0. Wood, Newport -Mesa Christian Center. Council Members Present: Schafer, Hall, Hertzog, Johnson Council Members Absent: McFarland Officials Present: City Manager, City Attorney, Development Services Director, Assistant City Engineer, and Deputy City Clerk Mark Sloate Mayor Schafer introduced Mark Sloate, Costa Mesa Traffic Recognized Commissioner, who was in the audience. Minutes On motion by Vice Mayor Hall, seconded by Councilwoman May 4, 1981 Hertzog, and carried, the minutes of the regular meeting of May 4, 1981, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilwoman Hertzog, seconded by Councilman Johnson; and carried, to read all ordinances by title only. CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 5, cooperative agreement with the Orange County Housing Authority relating to low-income housing. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the remaining Consent Calendar items were approved in one motion, by the following roll call vote:. AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland CC and R's for A request was presented from Keith Gow, Attorney at Law, Tract 5383 19712 MacArthur Boulevard, Suite 110, Irvine, for Coun- cil consideration of an amendment to the Declaration of Referred to Covenants, Conditions, and Restrictions relating to City Attorney Tract 5383. On motion -by Vice Mayor Hall, seconded by Councilman Johnson, and carried, this item was referred to the City Attorney for a report and recommendation. Reading Folder On motion by Vice Mayor Hall, seconded by Councilman Johnson,; and carried, the following Reading Folder items were received and processed: Claims The.following claims were received by the City Clerk and no action was required: Jack M. Palmer; Automobile Club of Southern California on behalf of Marion and Edward Fulton; and Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief from Attorney Robert S. Bower on behalf of May Department Stores Company. 239 21® Alcoholic Beverage Alcoholic Beverage License applications for which Licenses parking has been approved by the Planning Divi- sion, from: Hazel Meredith Valenti, doing busi- ness at 2052 Newport Boulevard, Suite 15; Jo Anne Berube, doing business as Country Boy, 2156 New- port Boulevard; James S. Robertson, Sharyn L. Robertson, and The Southland Corporation, doing business as 7 -Eleven Food Store, 2150 Placentia Avenue; and Pronto Market No. 1, Incorporated, doing business at 103 East 17th Street, Suites 1, 2, 3, and 4. Public Utilities Order of Revocation from the Public Utilities Commission Commission relating to Application No. 59438, Richard A. Gregory, doing business as Sunset Coast Bus Lines, for authority to operate as a passenger stage corporation ina home -to -work service between points in Orange County and the Garrett AiResearch facility in Torrance. Fair Housing A communication from Fair Housing Council of Council Orange County, 1525 East 17th Street, Suite E, Santa Ana, forwarding a report concerning com- parison of affordable housing needs and supplies in Orange County. Water Control Notice from State Water Resources Control Board, Board Post Office Box 100, Sacramento, advising of a review and proposed changes in the regulations of _said Board. Use of Natural Resolution from the City of Yorba Linda in sup - Gas for Power port of legislation removing the restrictions and Plants prohibitions on the use of natural gas in utility power plants. Public Support Resolution from the City of Huntington Beach, of Police stating public support for the police department Departments and endorsing certain programs of the police officers. Peripheral Canal Resolutions from the cities of Grand Terrace, Yorba Linda, Blythe, and Loma Linda, supporting ratification of the peripheral canal referendum. Liability Limits Resolutions from the cities of Yorba Linda and for Municipal Santa Ana, urging the Congress of the United Governments States to amend Title 42 United States Code Sections 1983 and 1988, to limit the liability of municipal governments and to limit attorney's fees in actions alleging violations of civil End - Reading rights. Similar Resolution No. 81-21 was adopted Folder by the Costa Mesa City Council on April 20, 1981. Business Permit Notice of Intention to Appeal or Solicit for Charitable Purpose was presented, from Easter Seal Society for Easter Seal Crippled Children and Adults of Orange County, 1800 East Society La Veta Avenue, Orange, by pickup of reuseable household items and personal clothing, for resale at their thrift store. On motion by Vice Mayor Hall, seconded by Coun- cilman Johnson, and carried, the request was approved with application of Municipal Code Section 9-234J. Set for Public On motion by Vice Mayor Hall, seconded by Councilman Hearing Johnson, and carried, the following item was set for public hearing on June 1, 1981, at 6:30 p.m., in the Council Chambers of City Hall: Revenue Sharing Proposed uses of Federal Revenue Sharing Entitle - Funds ment funds to be appropriated in the fiscal year 1981-82 budget. n 241 Rejected Claims On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried, the claim of Gustav and Olive Frederick Frederick was rejected. Green On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried; the claim of Ronald L. Green was rejected-. Accounts A request was presented from the Revenue Supervisor to Receivable write off uncollectible billings, in the amount of Write-offs $4,284.98, for the period,of May, 1980, to May, 1981. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the write=offs were approved by the following roll call vote:, AYES: Council:Members: Schafer, Hall, Hertzog, - Johnson NOES: Council Members: None ABSENT: .Counc,il Members: McFarland Agreement with An agreement was presented between the City and Johnson - Johnson -Frank Frank and Associates, Incorporated, 1630-C South Sunkist Street, Anaheim, for engineering services relating to Drainage on the design of drainage systems on Harbor Boulevard at Harbor Boulevard Adams Avenue and at Baker Street. The agreement stipu- lates a fee not to exceed $10,740.00. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the agreement was approved, and the Mayor and Deputy Clerk were -authorized -to sign on behalf of the City,.by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Agreement with An agreement was presented between the City and Willdan Willdan Associates Associates-, 1020,South Anaheim Boulevard, Suite 3003, Anaheim, for engineering services relating to study and Baker Street design -of the .Baker Street storm drain, from the Corona Storm Drain del Mar Freeway to Harbor Boulevard. The agreement stipulates a fee not to exceed $36,600.00. On motion by Vice Mayor:Hall, seconded by Councilman Johnson, the agreement was.approved,.and the Mayor and Deputy Clerk were authorized to sign dW behalf of the City, by the following roll"call vote:, AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council -Members: None ABSENT: Council Members: McFarland Landscaping A proposed resolution.was:presented in connection with Assessment collection of assessments in Landscaping Assessment District No. 1 District No. 1, Tract No. 9901, located at the southeast corner of Sunflower -Avenue and Smalley Road. On motion by Vice:Mayor Hall, -seconded by Councilman Johnson, Resolution 81-38 Resolution 81-38,! being A.RESOLUTION OF THE CITY COUNCIL Hearing Set OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS DURING FISCAL YEAR 1981-1982 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER 1, setting a public hearing on June 1, 1981, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, .Johnson NOES: Council Members: --None ABSENT: Council.Members:- McFarland Landscaping A proposed resolution was presented in connection with Assessment collection of assessments in Landscaping Assessment District No. 2 District No. 2, Tract 10513, located at the northwest corner of Bear Street and.the Corona del Mar Freeway. On motion by Vice Mayor Hall; seconded by.Councilman Resolution 81-39 Johnson, Resolution 81 -39; -being A RESOLUTION'OF=THE Hearing Set CITY'COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND. COLLECT ASSESSMENTS DURING FISCAL YEAR 1981-1982 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER 2, setting a public hearing on June 1, 1981, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Bid Item 500 Bids received for Bid Item 500, Rework of the Dehumidi- Dehumidifying fying System for the'Computer Room, are on file in the System Clerk's office. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the bid was awarded to Scott Awarded to Scott Refrigeration Service;'Incorporated, 856 North Main Refrigeration Street, Orange -;,in the amount of $10,669.00, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Bid Item 501 Bids received for Bid Item 501, Thirty Concrete Benches, Concrete Benches are on file in -the Clerk's office. On motion by Vice Mayor Hall, seconded. by Councilman Johnson, the bid Awarded to was awarded to Duracast; 8130 San Fernando Road, Sun Duracast Valley, in the amount of $7,950.00, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Notice of Installation of sidewalks at TeWinkle Park have been Completion completed to the satisfaction of the Director of Leisure TeWinkle Park Services by Porter Construction Company, 13901 -Gershon Sidewalks Place, Santa Ana. On motion by Vice Mayor Hall, sec- onded by Councilman Johnson, the work was accepted; the Deputy Clerk was authorized to file a Notice of Com- pletion; and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the following roll call vote::! AYES: Council Members: Schafer,"Hall, Hertzog, Johnson NOES: Council.Members: None ABSENT: Council Members: McFarland Purchase of Two A request was presented for authorization to negotiate Used Vehicles purchase of two 1980 -mid-sized used vehicles, in the approximate amount of $6,000.00 each. On motion by Vice Mayor Hall,.seconded.by Councilman Johnson, authoriza- tion was given to negotiate the requested purchase, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Cooperative Item 5 on the Consent Calendar was presented, a coopera- Agreement with tive agreement with the Orange County Housing Authority, Orange County for implementation of Measure "J" (Article 34) which was approved in the primary election of June 3, 1980, con- Hearing.Set cerning low-income housing. On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried, this End of item was set for public hearing on June 15, 1981, at Consent Calendar 6:30 p;m. EP -81-01 The Deputy Clerk presented Encroachment Permit EP -81-01, Pacific Federal continued from the meeting of May 4, 1981, for Pacific F_ 243 Federal Savings and Loan -Association, 234 East 17th Held Over Street, Costa Mesa, to improve the frontage road with parking, driveway; and landscaping along Newport Boulevard, in conjunction with an approved development, located atT400 West 19th Street, in a Cl zone. Environ- mental Determination: Environmental Impact Report accepted September 15, 1980, in connection with Zone Exception ZE-80-96. On'motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried, this item was continued to the meeting of June 15, 1981, as recommended by the Development Services Director. Parking in Town The Deputy Clerk,:presented an evaluation report from Center Area the:Transportation Services Manager, dated May 7, 1981, relating to existing parking conditions in the Town Center area. The Traffic Commission recommended that no changes be- made at -this time. On motion,by ,Vice Mayor Hall; seconded by Councilman Johnson, and carried, it was determined A hat there would be no change to park- ing as it now exists in the Town Center area. Warrant On motion by Councilwoman Hertzog, seconded by Vice Resolution,1142 Mayor Hall, Warrant Resolution 1142, including Payroll 8110, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Presentation The City Manager presented the City budget for fiscal of 1981-82 Budget year 1:981-82, in.the amount of -$30,653,105.00, which represents an increase of 14.7 -percent over the budget Public Discussion for fiscal year 1980-81. The City Manager announced Scheduled that the 1981-82'budget would be reviewed at a Study Session to be held on May 21, 1981, at 2:00 p.m., in the fifth floor Conference Room,.and public discussion is scheduled for the Council meeting of June 1, 1981. Public Hearing The Deputy Clerk announced that this was the time and R-81-05 f Iplace-set-for the public hearing for Rezone Petition Gianulias/Bristol R-81-05; James Gianulias, Post Office Box 2990, Newport Plaza Beach,.authorized agent for Bristol Plaza, for permis- sion Ao rezone property located. -at 3150 Bristol Street from County Ml --to City Cl-. Environmental Determina- tion: Negative Declaration. The Affidavit of Publica- ti on -4s .on file 4n the Clerk's office. A communication has been received -from Sylvia Schweitzer, 636 Rhine Lane, Costa Mesa, President of the Brookview Homeowners Association, opposing Cl zoning.. The Planning Commis- sion recommended -approval.. The applicant was present to answer questions from the -Council and spoke in sup- port of his request.- The following Costa Mesa residents spoke in oppositi.o,n to the rezone to Cl, emphasizing opposition to live entertainment in the subject area: Sylvia Schweitzer;, Phi.li,p and -.Laura Weinreich, 624 Whitney Way; Dennis.Moore; 639. Whitney Way; and Jerome Michel, 602 ,Thames Way;. There being no other speakers, the Mayor..closed the public hearing. During Council discussion, Mr.. �G.ianul-tas' requested permission to speak again and the Mayor reopened the public,hearing. Mr. Gi.anulias stated .that -at this time zoning should be the on,ly-consideration,.and,that a proposal for a food park has only progressed to,the point of traffic and noise studies. There being no other speakers, the Mayor again closed the public hearing. During further discussion, the Development Services Director and City Attorney responded,to quest.ionsfrom the Council relat- ing to various zoning opt:i,o;ns for the subject property and surrounding areas. A motion was made by Vice Mayor Hall, seconded by.-Co.uncilwoman Hertzog, to adopt the Negative Declaration.of Environmental Impact; and to 244 Ordinance 81-5 give first reading to Ordinance -.81-5, being AN ORDINANCE First Reading OF THE--CITY-COUNCIL OF THE -CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING OF.A PORTION OF LOT TWO, BLOCK "D", BERRY TRACT, FROM�COUNTY M1 TO CITY Cl. During further discussion, Vice Mayor Hall expressed his concern regarding�certain'businesses being located near residential areas. Councilwoman Hertzog made a motion, seconded by Vice Mayor Hall, and carried, Councilman Johnson voting no`, to call'for the question. The motion to adopt the Negative Declaration and to give first reading -to Ordinance 81-5 carried by the following roll call vote: AYES: Council Members: Schafer, Ha11,,Hertzog, NOES: Council Members: Johnson ABSENT: Council Members: McFarland Study Requested On motion by'Vice'-Mayor=Hall, seconded by Councilwoman Hertzog, and carried, staff was directed to study the possibility of ordinance changes'in regard to occupancy uses, particularly those involving entertainment, con- sumption of alcoholic beverages, or on-site sale of liquor, where the proximity to residences could create a problem of,compatibility; and that staff submit recom- mendations for the ordinance change to include a requirement thatl'a'Conditional Use Permit be obtained for these types of operations. Public Hearing The -Deputy Clerk announced the public hearing, continued Adult Entertain- from the meeting of May 4, 1981, to consider a proposed ment Businesses ordinance regul,atiiig the location and conditions of" approval for adult entertainment businesses~within the City of Costa Mesa, including changes recommended by staff. A communication has been received from Doris M. Ross, 3107'College Avenue, Costa Mesa, expressing opposition to any."adult" businesses in the north Costa Mesa area. Therebeing no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, Ordinance 81-6 seconded by Councilman Johnson, Ordinance 81-6, being AN First Reading ORDINANCE -OF THE CITY COUNCIL OF THE CITY OF -COSTA MESA, CALIFORNIA, REGULATING THE LOCATION AND CONDITIONS OF APPROVAL OF ADULT 'ENTERTAINMENT BUSINESSES WITHIN THE CITY OF COSTA MESA,' was given first reading and passed to second read4 ng by'the following roll call vote: AYES: 'Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Public Hearing The'Deputy Clerk announced that this was the time and R-81-04 place set for the public hearing for Rezone Petition Kramer -Like R-81-04, Kramer -Like Development Company, Incorporated, Development 2845 Mesa Verde Drive East,'Costa, Mesa, for permission to rezone property located' at 2019 and 2025 Wallace Avenue from R2 to R3. The Affidavit of Publication is on file in the Clerk's office. No communications have been received.` Also presented at this time were two additional requests relating to the subject property: ZE-81-61 Zone Exception ZE-81-'61,-for a Conditional Use Permit to allow construction of 'a 16 -unit condominium project; Tentative Map and Tentative Map for Tract 11467, for a one -lot sub - for Tract 11467 division. Environmental' Determination for the three applications is the Negative Declaration for Zone Exception ZE-81=61. The Planning Commission recom- mended approval of the Zone Exception and Tentative Map, subject to conditions, and also recommended approval of the Rezone Petition; however, the Planning staff recommended denial. The Development Services Director suggested that the Zone Exception and Tentative Map be considered before action'is-taken on the Rezone Peti- tion, and then summarized the information contained in the Staff Report and in'a memorandum from the Planning staff dated May 14, 1981. The applicant, Marty Kramer, was present to, -answer questions from the Council'and; spoke in support -of the project. There being no other speakers, the Mayor closed'the public hearing. After brief.discussion,-Mr. Kramer requested permission to speak again, and the Mayor reopened the public hear- ing. At the request of Mr. Kramer, floor plans and elevations were -shown on the screen, and the applicant explained the reasons for his project design. There being no other speakers, the Mayor again closed the public hearing. A motion was made by Vice Mayor Hall, seconded by Councilwoman.Hertzog, to adopt the Negative Declaration of Environmental Impact, and to approve Zone Exception ZE-81=61 subject to all condi- tions contained in the Staff,Report, and based on the findings that the -subject site creates a hardship due to the narrow.lots; and the proposed units will pur- portedly supply affordable housing to the community. Councilwoman-Hertzog-requested a condition be added that the Covenants, -Conditions; and Restrictions -(CC and R's) stipulate that parking would be prohibited in front of the garages. In response to a question from Vice Mayor -Hall, the applicant agreed to all conditions, including the condition suggested by Councilwoman Hert- zog. Vice Mayor Hall amended his original motion to include'the previously stated additional condition. The amended motion was seconded by Councilwoman Hertzog, and carried, Mayor Schafer voting no. On motion by Vice:Mayor Hall; seconded, -.by -Councilwoman Hertzog, and carried, Mayor Schafer -voting -no, Tentative Map for Tract 11467 was approved subject to all conditions con- tained in the City Engineer's letter dated March 12, 1981•.., On motion .by ' Vice Mayor Hall, seconded by Coun- Ordinance 81-7 cilman Johnson, Ordinance 81-7, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING1THE ZONING OF LOTS 36 AND 37, BLOCK "B", TRACT 612, FROM R2 TO R3, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Hall, Hertzog, Johnson NOES: Council Members:. Schafer ABSENT: Council Members: McFarland Public Hearing The Deputy Clerk announced that this was the time and PP -81-01 place' -set for the public hearing to consider Precise Plan PP -81-01; City of Costa Mesa, for alignment of Palace -Avenue as an alley, 30 feet in width; and alignment of Sterling Avenue as an alley, 23 feet in width. The Affidavit of Publication is on file in the ._._Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, seconded by Resolution 81-40 Councilman Johnson, Resolution 81-40, being A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING PRECISE PLAN PP -81-01 FOR ALIGNMENT OF PALACE AND STERLING AVENUES, BETWEEN 19TH AND HAMIL- TON STREETS, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Johnson NOES: Council Members: None ABSENT: Council Members: McFarland Oral Vincent J. Limengelli, 318 Villanova Road, Costa Mesa, Communications reported that the neighbors adjacent to his property had erected a skateboard ramp in their yard which is approx- Skateboard imately 12 feet high. He asked for assistance from the Ramp Noise City in abating the noise caused by the use of the ramp. After discussion, staff was directed to make an inspec- tion of the structure to determine whether or not a code violation exists. "lo Resignation The Development' -Services Director referred to his recent Announced notice of resignation and thanked the Council for their support during his tenure with the City. The Council Members expressed their appreciation for his excellent Mesa work during his -.employment, and wished him well in his the. new position with Willdan Associates. Councilmanic Councilwoman Hertzog reminded Council Members that their Comments suggestions would be appreciated relating to two Orange County League of•,Cities:meetings which are scheduled League of Cities within the next.few weeks. At the City Selection Com- mittee -meeting, recommendations will be accepted for appointments to the following: Airport Land Use Com- mission, Senate Rules Committee, Orange County Transit District, and`Orange County Transit Commission. On June 18, 1,981, the:League,will be considering adoption of four resolutions. HCD Committee Vice Mayor Hall-referred,to a.memorandum from the City's Appointments Housing:-and-Community,,Development Committee, dated May 13, 1981; requesting'Council to fill vacancies which now exist on the:subject Committee: On motion by Vice Mayor Hall; -,seconded by Councilwoman Hertzog, and carried, Anne Marie Shereshevsky was appointed as a permanent member of the HCD Committee, replacing Yvonne Bagstad who has resigned; Mrs. Shereshevsky's term will expire on September 6, 1983. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried, Gordon Ashby was appointed as an alternate member of the Com- mittee; replacing Arthur Pierce who has also resigned. Mr. Ashby's term will expire on�April 7, 1982. Adjournment The Mayor declared the meeting adjourned at 8:25 p.m. Mayor of TF6 City osta Mesa ATTEST: City Clerk Mesa of the. City of Cost