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Home My WebLink About06/01/1981 - City Council;247 REGULAR'MEETING,-OF THE CITY COUNCIL CITY OF COSTA MESA June 1, 1981 The City Council of the City of Costa Mesa, California, met in regular session on June 1, 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 Girl Scout and Brownie Troops 113 and 765, and Invoca- tion by the Reverend Joseph Buonassissi, First Baptist Church. Roll Call Council Members Present: Schafer, Hall, Hertzog, McFarland, Johnson Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk Minutes On motion by Vice Mayor,Hall, seconded by Councilwoman May 18, 1981 Hertzog, and tarried, the minutes of the regular meeting of May 18, 1981, were 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. Former: Mayor Mayor Schafer introduced former Mayor Alvin Pinkley and Recognized his wife, Lucy, who were in the audience. CONSENT CALENDAR. On motion by Vice Mayor Hall, seconded by Councilman McFarland, all items in the Consent Calendar 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 Records On motion by Vice Mayor Hall, seconded by Councilman Destruction McFarland, Resolution 81-41, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 81-41 AUTHORIZING RECORDS DESTRUCTION FOR THE DEVELOPMENT SER - Development VICES DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO Services 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 On motion by Vice Mayor Hall, seconded by Councilman Resolution 81-42 McFarland, Resolution 81-42, being A RESOLUTION OF THE City Clerk CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK'S DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- NANCE 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 On motion by Vice Mayor Hall, seconded by Councilman Resolution 81-43 McFarland, Resolution 81-43, being A RESOLUTION OF THE Public Services CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE PUBLIC SERVICES DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- NANCE 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 On motion by Vice Mayor Hall, seconded by Councilman McFarland, 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: Attorney Lyle Nelson on behalf of Carol Boyle; Milton Friedman; Attorney'Ronald R. Talmo on behalf of The McDuck Corporation, Gerald Roach, and Pete Williams; Attorney Ronald R. Talmo on behalf of Gerald Roach and Nathan Martin; and Christopher D. Huff. Alcoholic Beverage Alcoholic Beverage License applications for which Licenses parking has been approved by the Planning Divi- s.ion, from: Emily N. Bishop and Patricia H. Williamson, doing business as Tea and Wine -,Gar- den, 88 Fair Drive, Building 9 Patio; Cynthia J. and Peter P. Kargl, doing business as Plaza Verde Liquor, 1525 Mesa Verde Drive East, Suites 127, 128, and 129; Ninfas California, Incorporated, doing business at 1565 Adams Avenue; Frances V. and James.F. Barrington, doing business as Francesca's, 1673 Irvine Avenue, Suite "B"; and James J. Klobucar and Arthur H. Johnson, Jr., doing business at 2602 Newport Boulevard. Public Utilities Notice from Pacific Telephone Company of their Commission request for authorization from the Public Utili- ties Commission to increase rates by $252 million per year,° reflecting and passing on to customers the additional increased costs resulting from a Federal Communications Commission decision. Item Price A proposed resolution from Consumer Coalition Marking of California, 14081 Yorba Street, Suite 222, Tustin, supporting legislation which would require that each item of commerce sold in stores End - Reading catering to the general public be clearly and Folder plainly marked. Business Permit Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from Concept 7 Family Ser - Concept 7 Family vices, 1524 West Commonwealth Avenue, Fullerton, by Services solicitation and pickup of personal clothing and reuse - able items to be sold in their thrift store through December 31, 1981. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, the request was approved with application of Municipal Code Section 9-234J. Claim - Hill On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, an addendum to amend an Appli- Rejected cation for Leave to Present a Late Claim from Ruth Ann Hill and Byrd Guy Hill, Jr., was rejected. Bid Item 502 The bid received for Bid Item 502, Abatement of Weeds on Weed Abatement Selected Vacant Lots within the City, is on file in the Clerk's office: On motion by Vice Mayor Hall, seconded Awarded to by Councilman McFarland, the bid was awarded to Gary's Gary's Lot Lot Cleaning, 222 East 220th Street, Carson, by the Cleaning following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, -.McFarland, Johnson NOES: 'Council Members: None ABSENT: Council Members: None Change Order No. 1 Change Order No. 1, in the amount of $35,000.00, for Bid Bid Item 450 Item 450, and relating to the contract with Public Man - Computer Dispatch agement Services, Incorporated, was presented. The System change order is for preparation and implementation of a computerized fire inspection-system to be brought on line at the -same time as.the police management and dis- patch system. On motion by Vice Mayor Hall, seconded by Councilman,McFarland,.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 Change Order No. 7 Change Order No. 7, in the amount of $9,424.75, in con- Neighborhood nection with construction of the Neighborhood Community Community Center Center by Douglas Campbell Company, was presented. The summation of costs is detailed in subject change order dated May 11, 1981.. On motion by Vice Mayor Hall, seconded�by Councilman-McFarland, 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 Bid Item 498 and Moving of the,Orange Coast-Savings and Loan Building, Foundation Con- in connection with Bid Item 498; and construction of the struction for foundation have been completed by B and Y House Movers, Utility Buil-ding 3630 Westminster Avenue,.Santa Ana. On motion by Vice Mayor Hall, seconded by Councilman McFarland, the work was-accepted; the bond was ordered exonerated; and authorization was given to release the retention funds. The motion carried by the following roll call vote: AYES: Council Members: Schafer, Hall,-Hertzog, McFarland, Johnson End of Consent NOES: Council Members: None Calendar. ABSENT: Council Members: None R-81-05 On motion by Councilman McFarland, seconded by Council- Gianulias man Johnson, and carried, second reading and adoption of Ordinance 81-5, to change the zoning of property Held Over located at 3150 Bristol Street from County M1 to City Cl, in connection with Rezone Petition R-81-05, James Gianul.ias, was continued to the meeting of June 15, 1981., Adult On motion by Vice Mayor Hall, seconded by Councilman Entertainment Johnson; Ordinance 81-6,.being AN ORDINANCE OF THE Businesses CITY.COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGULATING THE LOCATION AND CONDITIONS OF APPROVAL OF Ordinance 81-6 ADULT-ENTERTAINMENT BUSINESSES WITHIN THE CITY OF COSTA Adopted MESA, was given second reading and adopted by the fol- lowing roll •c all vote: AYES: Council. Members:- Schafer, Hall, Hertzog, McFarland, Johnson ;NOES:; Council Members: None ABSENT: -Cou,nci 1 Members: None R-81-04. On motion by Councilwoman Hertzog, seconded by Council- Kramer-Like man McFarland, Ordinance 81-7, being AN ORDINANCE OF THE Development CITY COUNCIL OF THE.CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 36 AND 37, BLOCK "B", TRACT Ordinance 81-7 612, FROM R2 TO R3, in connection Adopted R=81-04, Kramer -Like Development located at 2019 and 2025 Wallace second reading and adopted by the vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: with Rezone Petition Company, for property Avenue, was given following roll call Schafer, Hall, Hertzog, McFarland, Johnson None None Route 55 The Clerk presented from the meeting of April 6, 1981, Draft EIS a proposed resolution concerning the inclusion of alternative routes in the transportation study draft Environmental Impact Statement (EIS). On motion by Councilman McFarland, seconded by Vice Mayor Hall, Resolution 81-44 Resolution 81.44;-being�A'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING FORTH ALTERNATIVES TO BE INCLUDED BY CALTRANS IN THE ROUTE 55 FREEWAY DRAFT ENVIRONMENTAL IMPACT STATEMENT, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES:. Council Members: None ABSENT: Council Members: None Warrant On motion'by Councilman McFarland, seconded by Council - Resolution 1143 woman Hertzog, Warrant Resolution 1143, including Payroll 8111, 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 Councilwoman Hertzog, seconded by Council - Resolution 1144 man McFarland, Warrant Resolution 1144, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall; Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Water Service The City Manager -presented a proposed ordinance which Fees Repealed would repeal water service fees since the need for col- lection of subject fees no longer exists. On motion by Vice�Mayor Hall, seconded by Councilman Johnson, Ordi- Ordinance 81-8 nance 81-8, being AN ORDINANCE OF THE CITY COUNCIL OF First Reading THE CITY OF COSTA MESA, CALIFORNIA, REPEALING WATER SERVICE FEES, was given first reading and passed to second -.reading by the:following roll call vote: . AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Public Discussion The City Manager presented for public discussion, the 1981-82 City City's budget for fiscal year 1981-82, in the amount Budget of $30,653,105.00, representing an increase of 14.7 percent over the previous fiscal year. The City Manager further reported that resources have increased by 22 percent. Sixteen new positions have been added as follows: Three - Management Information Department; Five - Pol'ice Department; Six - Fire Department; and Two - Leisure Services Department. The budget also includes Federal Revenue Sharing funds. Donald Smallwood, Presi- dent of the Board of Trustees for South Coast Repertory SCR Grant Theatre (SCR), requested continued support from the City'and asked that $10,000.00 be donated to SCR. After discussion, a motion was made by Councilwoman Hertzog, seconded by"Vice Mayor Hall, to grant the request in the stated amount, funds to be taken from the 1980-81 251 Promotional and Advertising fund; and the Director of Finance was authorized to draw a warrant. The motion carried by the following roll call vote: AYES:Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: -Couhcil'Members: None Federal Revenue There.being no other speakers concerning the 1981-82 Sharing Funds City.Budget, the Clerk announced that this was the time and place set.for�the public hearing to receive public comment•and/or proposals:'on the possible uses of Federal Revenue Sharing Entitlement'funds to be appropriated in the fiscal -year -198142 budget. The Affidavit of -Publi- cation is,on f,ile,in the Clerk's office. No communica- tions�have been 'received. The City Manager reported that"the amount to be allocated for capital improvements is'$2,095,000.00, and for social programs $130,000.00, for a total of $2,225000.00. Al -vin Pinkley, former Mayor of the City, 1833, Fullerton Avenue, Costa Mesa, commended the Council and staff on the budget which was submitted., There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, -,seconded -by Councilman Johnson, the recommended expenditure of Revenue Sharing funds was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson `NOES: Council Members: None ABSENT: -Council-,Members: None 1981-82 City On motion by Councilman McFarland, seconded by Council - Budget Adopted woman Hertzog,,the City budget for fiscal year 1981-82 as submitted by the�City Manager, was adopted by the following roll call vote: ..:AYES:, Council Members:. Schafer, Hall, Hertzog, "McFarland, Johnson NOES: Council Members:. None ABSENT:- Council Members: None Request for, At -the request -of the.City Manager, Mayor Schafer Closed Session announced that a -closed session -would be held following the close -;of .regular-ibusiness•for the purpose of dis- cussing.pending litigation. Public Hearing The Clerk announced the dbl'ic hearing, continued from Condemnation of the ,meeting of May ,4, .1,981 , to .consider a Resolution of Security Bank Necessity to condemn the Security Pacific National Bank Property property located at 153 East17th Street, designated Parcel No. 7, in connection with the 17th Street exten- Held Over sion. On motion by Vice Mayor Hall, seconded by Councilman!Johnson; and carried, this item was continued to the meeting of July 6, 1981, as recommended by the Director of Public Services. Public Hearing The Clerk announced that this was the time and place -set Landscaping for -.the -public hearing to consider a proposed resolution Assessment to levy an assessment for fiscal year 1981-82 within the District No. 1 City -ofCosta .Mesa •Landscapi.ng Assessment District No._l,,.-Tract No: 9901, located at the southeast corner of Sunflower Avenue and Small.ey-Road. The Affidavits of Publi>shing and Mailing are on file in the Clerk's office. No communtcattons:have been received. There being,no speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Vice Resolution 81-45 Mayor•Hall; Resolution 81-45 -being A RESOLUTION OF THE CITY COUNCIL OF THE CITY -OF COSTA MESA, CALIFORNIA, LEVYING.,AN ASSESSMENT FOR:,FISCAL_,YEAR 1981-1982 WITHIN THE'CI)TY-OF:COSTA;MESA..-LANDSCAPING ASSESSMENT DISTRICT NUMBER.ONE;--was•:adopted:by.the-following roll call vote: i 251 252 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 set Landscaping for the public hearing to'consider a proposed resolution Assessment to levy an assessment for fiscal year 1981-82 within the District No. 2 City of Costa Mesa Landscaping Assessment District - No. 2, Tract No: 10513, located at the northwest corner of Bear'Street and the'Corona del Mar Freeway. The Affidavits of Publishing and Mailing are 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 Councilman McFarland, seconded Resolution 81-46 by Vice Mayor Hall, Resolution 81-46, being A RESOLUTION OF THE -CITY COUNCIL'OF THE'CITY OF COSTA MESA, CALI- FORNIA; LEVYING AN'ASSESSMENT FOR FISCAL YEAR 1981-1982 WITHIN THE CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER TWO, was adopted by the following roll call vote: ; ')" - AYES: Council Members: -_Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Appeal of ZE-81-80 The -Clerk -;presented an appeal of conditions for Zone Harris/Miracle Exception ZE-81-80, from James R. Harris, authorized Mazda agent for Miracle Mazda, 2150 Harbor Boulevard, Costa Mesa; for permission to construct a commercial building Denied containing 16,290 square feet, with variances from set- backtrequirements; and`a Conditional Use Permit for an automobile dealership and to exceed a maximum ramp slope, located,at 1401 Baker Street, in a Cl zone. Environmental Determination: Negative Declaration for Development Review DR -81-02. The Affidavit of Mailing is on file in the Clerk's office. No communications have -been received. The Development Services Director reported that*.the applicant was appealing Engineering Department Conditions 12 and 15 relating to traffic signal participation and street dedication, respec= tively. Staff has recommended that Condition 15`be waived, and that deletion of Condition 12 be denied. James Harris, authorized agent for Miracle Mazda, was present and spoke in support of his request to deposit the $9,000.00 required -by Condition 12 at the time the traffic signals are installed:. On motion by Council- man McFarland;,seconded by:Vice Mayor Hall, and carried, Condition 15 was waived, and deletion of Condition 12 was denied. Revised Fence The Clerk presented a proposed resolution adopting Standards revised fence standards to allow.construction of noise attenuation walls under certain circumstances. The Development Services Director reviewed recommendations from the Planning Commission and Planning staff if approval is given to construct walls eight feet high along certain:City arterials as -shown on a map submitted to the Council. The following Costa Mesa residents spoke in support of the proposed resolution for reasons of safety and noise mitigation, but with fewer restric- tions than those recommended by staff: Peter Provost, 1998,Flamingo Drive;.Jack Duganne, 2048 Flamingo Drive; Lee Gibbs, 1863 Pitcairn,Drive; Chuck Karch, 2042 Flamingo Drive; and Mr. Lee, 904 West 19th Street. Douglas Toohey, 1149 E1 Camino Drive, Costa Mesa, made suggestions regarding texture of the walls and planting of vines in order to protect the environment of the City. After a brief statement, Vice Mayor Hall made a motion, seconded by Councilman Johnson, to adopt Resolution 81-47 Resolution 81-47, being A RESOLUTION OF THE CITY COUNCIL 1 I I 253 OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REVISED FENCE STANDARDS TO ALLOW CONSTRUCTION OF NOISE ATTENU- ATION WALLS -IN RESIDENTIAL AREAS UNDER CERTAIN CIRCUM'- STANCES, IRCUM-STANCES, amending the title of the proposed resolution by`inserting "in residential areas"; and amending a portion of the last paragraph to read: "that noise attenuation walls may be constructed in additional residential locations not specified in the above list or'on the attached map when the construction of a noise attenuation wall is identified as a mitigation measure to reddce-traffic-generated noise when it is found the noise is in excess.of residential standards, or in a project -related Negative Declaration or Environmental Impact Report." Vice Mayor`Hall'also included changes to the Planning -Commission's recommendations for Resi- dential Noise Attenuation Walls Standards and Specifi- cations as follows: No. -4, remove the first three words "consistent or compatible", replace with the words "the same" 5; Sections a, b, and c,,the word may will be used instead of the word "shall"; and delete No. 6. After further discussion, the Vice Mayor amended his motion in relation to the last paragraph of Resolution 81-47 by changing the last portion of the paragraph to read, "when:it is identified by the property owner that noise is in excess of residential standards or in a project -related Negative Declaration or Environmental Impact Report". The amended motion was seconded by Councilman Johnson, and carried by,the following -,roll call voter AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES:, Council Members: None ABSENT: Council Members: ;None ZE-79-65A3 The Clerk presented.Zone.Exception ZE-79-65A3, Greg Segerstrom Butcher; authorized agent:for'Henry T. Segerstrom, 3315 Fai.rvi-ew Road, Costa,Mesa, for an amendment to the Held Over approved;Master Pl-an for the�Town Center, to increase the permitted square footage;of:Blocks "E" and "F" of the Town Center (Two -Town Center) from 727,956 square feet to 732,971 square feet, and a variance from parking requirements; i;n,a TC zone. Environmental Determination: Environmental -Impact Report accepted February 10; 1978: On motion:by Councilman McFarland, .seconded by Vice Mayor.Hall,--and carried, this item was continued -to the meeting.�of ,June 15, 1981, as requested by the applicant. Councilmanic Mayor Schafer announced that the first public hearing Comments to consider.the Costa Mesa General Plan has been set for June 4, 1981; ati6:30:p.m.,-and the regular meet- ing of the Redevelopment Agency is being held June 31 1981 , 'at '7:30 p.m. Adjournment At 8:30;p.m.`; the�Mayor adjourned the meeting to the City Clerk, s -offi-ce 'to :hold a closed session to discuss Closed Session pending li.tigati'on.: At, -8:55'. p.m., the Mayor adjourned the meeting to '6:10 p.m. on June 4, 1981, in the Council Chambers of :City -Hall.: Mayorof the City of Costa esa ATTEST:: City Clerk of t e.City o Costa esa