Loading...
HomeMy WebLinkAbout09/08/1981 - City Council1 Roll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA September 8, 1981 The City Council of the City of Costa Mesa, California, met in regular session on September 8, 1981, at 6:30 p.m., in the Council Chambers of City Hall, 77 - Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Charles D. Clark, First United Methodist Church. Council Members Present: Council Members Absent Schafer, Hall, Hertzog, McFarland Johnson Ralph Kiser On motion by Councilwoman Hertzog, seconded by Vice Commended Mayor Hall, Resolution 81-75, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 81-75 COMMENDING EXECUTIVE MANAGER OF THE HUNTINGTON BEACH CHAMBER OF COMMERCE RALPH C. KISER UPON THE OCCASION OF HIS RETIREMENT, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Proclamation - On motion by Councilwoman Hertzog, seconded by Vice Water Watch Week Mayor Hall, and carried, a joint proclamation of the City of Costa Mesa and Mesa Consolidated Water District, proclaiming September 13 to 20, 1981, as Southern Cali- fornia Water Watch Week, was approved. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 16, Request from Tustin High Officials Present: City Manager, Assistant City Attorney, Development Services Director, Director of Public Services, City Clerk Minutes - On motion by Vice Mayor Hall, seconded by Councilwoman July 21 and Hertzog, and carried, minutes of the special joint meet - August 17, 1981 ing with the City Council of Newport Beach of July 21, 1981, and the regular meeting of August 17, 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. Willard Jordan On motion by Councilwoman Hertzog, seconded by Vice Memorialized - Mayor Hall, Resolution 81-76, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, -Resolution 81-76_= MEMORIALIZING WILLARD T. JORDAN, DECEASED CIVIC LEADER, AND OFFERING CONDOLENCES AND SYMPATHY TO HIS FAMILY, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Park Named for On motion by Vice Mayor Hall, seconded by Councilwoman Willard Jordan Hertzog, and carried, Tustin Park was renamed Willard T. Jordan Park in memory of the former Costa Mesa Mayor. Ralph Kiser On motion by Councilwoman Hertzog, seconded by Vice Commended Mayor Hall, Resolution 81-75, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 81-75 COMMENDING EXECUTIVE MANAGER OF THE HUNTINGTON BEACH CHAMBER OF COMMERCE RALPH C. KISER UPON THE OCCASION OF HIS RETIREMENT, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Proclamation - On motion by Councilwoman Hertzog, seconded by Vice Water Watch Week Mayor Hall, and carried, a joint proclamation of the City of Costa Mesa and Mesa Consolidated Water District, proclaiming September 13 to 20, 1981, as Southern Cali- fornia Water Watch Week, was approved. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 16, Request from Tustin High C School to use TeWinkle Park for a homecoming dance; and Item 20, Request from Society for Creative Anachronism to use TeWinkle Park for a medieval/renaissance tourna- ment. On motion by Councilman McFarland, seconded by Council- woman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland None Johnson Telephone Rate On motion by Councilman McFarland, seconded by Council - Increase woman Hertzog, and carried, a communication from Pacific Telephone Company, advising that an application has Referred to been filed with•the Public Utilities Commission for an Communications increase of mobile rates, was referred to the Communica- tions Department. Reading Folder On motion by.Councilman McFarland, seconded by Council- woman Hertzog, 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: Christiana Gerhardt; Stan Simcha Gittelman; LaVonne C. Hayman; Lorene Nikolsky; and Attorney Jack D. Bauman on behalf of Thomas Martin Bauman. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved -by the Planning Divi - Licenses sion, from: Brookside Enterprises, Incorporated, doing business as Brookside Vineyard Company, 2925 Bristol Street; Kmart Corporation, doing business as Kmart Store No. 4047, 2200 Harbor Boulevard; Stater Brothers Market No. 25, doing business at 2180 Newport Boulevard; Stater Brothers Market No. 26, doing business at 707, West 19th Street; Stater Brothers Market No. 35, doing business at 1175 Baker Street; and Joseph Charles Macalusco, doing business at 270 South Bristol Street, No. 112. Sale of Fireworks A resolution from the City of Cypress, urging legislation banning the sale of fireworks. Office Building Communication from Bruce M. Bender, 459 Cambridge Construction Circle, Costa Mesa, opposing the construction of a six -story office building located at 17th Street and Irvine Avenue. Local Agency Notice from the Local Agency Formation Commission Formation that a public hearing will be held on September Commission 10, 1981, at 2:00 p.m., to consider a proposed annexation to Mesa Consolidated Water District, designated Annexation No. 81-2. Notice from the Local Agency Formation Commission that a determination will be made without notice and hearing on September 10, 1981, at 2:00 p.m., on a proposed annexation to Costa Mesa Sanitary District, designated Engineer's No. 200 Annexa- tion. Notice from the Local Agency Formation Commission that a determination will be made without notice and hearing on August 26, 1981, at 2:00 p.m., on the following items: proposed annexation to WWI Costa Mesa Sanitary District, designated Engi- neer's No. 197 Annexation; proposed annexation to Costa Mesa Sanitary District, designated Engi- neer's No. 198 Annexation; proposed annexation End of to Costa Mesa Sanitary District designated Engi- Reading Folder neer's No. 199 Annexation. Business Permits Notice of Intention to Appeal or Solicit for Charitable Purpose was presented; from Girl Scout Council of Orange Girl Scouts County, 1620 Adams Avenue, Costa Mesa, by selling calen- dars from October 19 to November 30, 1981, and selling cookies from February 4 to March 21, 1981. On motion by Councilman McFarland, -seconded by Councilwoman Hertzog, and -carried, the request was approved with application of Section 9-234J of the Municipal Code. Leukemia Society Notice of Intention to Appeal or Solicit for Charitable Purpose was presented, from Leukemia Society of America, Incorporated, 9355 Chapman Avenue, Suite 109, Garden Grove, by door-to-door solicitation from September 15 tc 30, 1981. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the request was approved with application of Section 9-234J of the Municipal Code. Set for Public - On motion by Councilman McFarland, seconded by Council - Hearing woman Hertzog, and carried, the following item was set for public hearing on September 21, 1981, at 6:30 p.m., Abatement of in the Council Chambers of City Hall: Receive report Dangerous and hear protests and objections regarding the assess - Buildings ment of charges incurred in the abatement of dangerous buildings at 1906 Pomona Avenue. Rejected Claims On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried, the claim of Mercury Crow Casualty Company, on behalf of Robert and Rita Crow, was rejected. Swift On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried, the claim of Jerry E. Swift was rejected. Blasberg On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried, the claim of Mel Blasberg was rejected. Amendment to A third amendment to the contract with the County of Contract with Orange was presented, relating to the Comprehensive Orange County Youth Diversion Program/Y.S.P., Incorporated. The (Y.S.P.) amendment extends the contract through June 30, 1982, and stipulates an amount not to exceed $114,814.00. On Youth Diversion motion by Councilman McFarland, seconded by Councilwoman Program Hertzog, 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 NOES: Council Members: None ABSENT: Council Members: Johnson Amendment to A third amendment to the contract with the County of Contract with Orange was presented, relating to the Comprehensive Orange County Youth Diversion Program/Laguna Shelter. The amendment (Laguna Shelter) extends the contract through June 30, 1982, and stipu- lates an amount not to exceed $52,104.00. On motion by Youth Diversion Councilman McFarland,"seconded by Councilwoman Hertzog, Program the amendment was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the fol- lowing roll call vote: 1 AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Agreement - An agreement with the County of Orange was presented, Orange County providing for surveying services in conjunction with conversion to the County's benchmark system. The con - Surveying tract stipulates a total cost to the City not to exceed Services $12,000.00. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, 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 NOES: Council Members: None ABSENT: Council Members: Johnson Notice of Improvements hav6'-been completed to the satisfaction Completion of the Director of Public Services for construction of a sidewalk on the west side of Harbor Boulevard from Sidewalk along the Fairview State Hospital entrance to the southerly Harbor Boulevard boundary of the Costa Mesa Golf Course. The contractor is K. C. Pacific Corporation, 2110 East Katella Avenue, Anaheim.- On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the work was accepted; the Clerk was authorized to file a Notice of Completion; and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed. The motion carried by the following roll call vote: AYES Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Change Order The following change orders were presented relating to Nos. 8, 9, and the contract with Electrend, Incorporated, 15431 Black - 10 - Electrend burn Avenue, Norwalk, to replace existing traffic signal controllers at six locations on Harbor Boulevard, four locations on Fairview Road, and four locations on Bris- tol Street, in conjunction with the installation of a traffic central computer signal system (F.A.U. Master Signal System): No. 8, in the amount of $31,900.00; No. 9, in the amount of $70,000.00; and No. 10, in the amount of $34,500.00. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the change orders were approved for a total amount of $1.36,400, by the follow- ing roll. call vote: AYES: 'Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Change Order No. 3 Change Order No. 3, relating to the contract with Robert Bein and Frost Bein, Wi-lliam Frost and Associates, Post Office Box 2590, Newport Beach, was presented. The change order Assessment represents an increase of $1,500.00 for the purpose of District 79-01 establishing centerline monument ties between Harbor Boulevard and Fairview Road, in connection with Assess- ment District 79-01, South Coast Drive. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the change order was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Agreement - An agreement with Southern California Edison Company Edison Company was presented, for extension of underground electric line to service new commercial/industrial development, 342 Assessment in connection with Assessment District No. 80-1, District 80-1 Sunflower/MacArthur Industrial Area. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the follow- ing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Agreement - An agreement with Berryman and Stephenson, Incorporated, Berryman and 1360 South Anaheim Boulevard, Anaheim, was presented. Stephenson The agreement is for professional engineering services for establishing an assessment district and the design Engineering of street improvements on Palace and Sterling Avenues, Services/Palace in an amount not to exceed $71,632.00. On motion by and Sterling Councilman McFarland, seconded by Councilwoman Hertzog, Avenues the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the follow- ing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Agreement - 32nd An agreement with the 32nd District Agricultural Asso- District Agricul- ciation (Fairgrounds Board of Directors) was presented, tural providing for a grant of easement to the City for Police Computer construction and maintenance of a bicycle trail to run Bicycle Trail at parallel to Newport Boulevard, between Arlington and Fairgrounds Mesa Drives. The agreement shall have a term of 35 years subject to further renewal. On motion by Council- man McFarland, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the follow- ing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland Bid Item 510 NOES: Council Members: None Lawn Mower ABSENT: Council Members: Johnson Budget Adjustment On motion by Councilman McFarland, seconded by Council - No. 82-12 - Golf woman Hertzog, Budget Adjustment No. 82-12, in the Course amount of $38,000.00, for construction of a restroom near the third tee of the Los Lagos Course of the Costa Mesa Golf and Country Club, was approved by the follow - in roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Contract A communication from PRC Public Management Services was Extension for presented, requesting a contract extension to November Bid Item 450 - 30, 1981, in conjunction with Bid Item 450, Police Police Computer Computer System. The extension is necessitated by System delays in contract execution, completion of computer room, and late delivery of equipment. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the request was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Bid Item 510 Bids received for Bid Item 510, One Three -Unit Lawn Lawn Mower Mower, are on file in the Clerk's office. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the bid was awarded to Toro Pacific Distributing, 19515 343 Awarded to East.Walnut Drive North, City of Industry, in the amount Toro Pacific of $12,317.20 including tax, by the following roll call vote: AYES: Council Members: Schafer, -Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Bid Item 51.1 Bids received for Bid Item.511, Furnishing and Spreading Fertilizer 55 Tons of Fertilizer, are on file in the Clerk's office. On motion by Councilman McFarland, seconded by Awarded to Councilwoman Hertzog, the bid was awarded to Wilbur - Wilbur -Ellis Ellis Company, 14111 Freeway Drive, Santa Fe Springs, in the amounts detailed in the Purchasing Agent's memoran- dum dated August 24, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Permit - Use of Item 16 on the Consent Calendar was presented, a request TeWinkle Park by from Kathy Kale, President of the senior class at Tustin Tustin High Seniors High School, for permission to hold a homecoming dance at TeWinkle Park on October 24, 1981. Councilwoman Denied Hertzog expressed concern that this type of use during evening hours would create a nuisance to the neighboring residents. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, the request was denied. Permit. - Use of Item 20 on the Consent Calendar was presented, a request TeWinkle Park by from the Society for Creative Anachronism, 2784 Cibola Society of Creative Avenue, Costa Mesa, for permission to use TeWinkle Park Anachronism on September 19, 1981, for a medieval/renaissance tournament. During discussion it was pointed out that this was a daytime activity of various art displays. On motion by Councilwoman Hertzog, seconded by Councilman End of McFarland, and carried, the request was approved subject Consent Calendar to conditions:of the Leisure Services Department. Warrant On motion by Councilman McFarland, seconded by Council - Resolution 1152 woman Hertzog, Warrant. Resolution 1152, including Pay- roll 8117, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Warrant On motion by Councilman McFarland, seconded by Council - Resolution 1153 woman Hertzog, Warrant Resolution 1153, including Pay- roll 8118, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Sheffy Lawsuit Mayor Schafer announced that litigation concerning Sheffy versus the -City of Costa Mesa would be discussed Referred to in closed session later in the evening, after completion Closed Session of regular business. Deferred The Mayor announced that possible litigation relating Compensation Loan to a deferred compensation loan with Newport Equity Funds (Zervas) would be discussed in closed session Referred to later in the evening, after completion of regular Closed Session business. Public Hearing The Clerk announced that this was the time and place Housing Strategy set for the public hearing.to consider the Comprehensive of General Plan Housing Strategy of the Costa Mesa General Plan. The Affidavit of Publication is on file in the Clerk's Nfa 1¢ c office. No communications have been received. The Senior Planner reported that a communication dated August 18, 1981, had been received from the Southern Cal.ifornia Association of Governments (SCAG), 600 South Commonwealth Avenue, Suite 1000, Los Angeles, in which they commented on the Goals, Policies, and Pro- grams contained in the document entitled, "Draft Comprehensive Housing Strategy, City of Costa Mesa General Plan". He also reported that the State Depart- ment of Housing and Community Development advised that - it would not be able to provide written comments on the subject document prior to the expiration of the public review period which ends October 1, 1981. The Mayor announced the format of discussion so that the hearing would proceed in an orderly manner. Goal I - Policies Mayor Schafer opened the public hearing for Goal I, 1 through 11 Preservation and Enhancement, along with Policies 1 through 11, which are detailed on Pages 3 and 4 of the aforementioned document. The Planning Commission made the following recommendations: Policies 1 and 2, adopt as written; Policy 3, adopt as modified by the City Council; Policies 4 and 5, adopt; Policy 6, adopt; Policies 7 and 8, adopt as modified by the City Council; Policy 9, delete; Policies 10 and 11, adopt. The Hous- ing and Community Development (HCD) Committee submitted the following recommendations: Policy 1, delete; Policy 2, support as written; Policy 3, support as modified by the City Council; Policy 6, delete; Policies 7 and 8, support as modified by the City Council; Policy 9, delete; and Policy 10, strong support. There.being no speakers., the Mayor closed the public hearing. After discussion, a motion was made by Councilman McFarland, seconded by Vice Mayor Hall, to consider inclusion of Policy 1. The motion carried, Mayor Schafer voting no. A motion was made by Councilman McFarland to consider Policy 9, however, the motion died for lack of a second. A motion was made by Councilman McFarland to consider Policy 10. The motion died for lack of a second. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, Goal I was adopted, as well as Policies 1, 3 modified, 4, 7 modified, 8 modified, and 11. A motion was made by. Councilman McFarland, seconded by Mayor Schafer, to adopt Policy 5. The motion car- ried, Vice Mayor Hall voting no. Vice Mayor Hall read a prepared statement regarding the addition of another policy for Goal I relating to tax assessments on resi- dential improvements. Vice Mayor Hall made a motion, seconded by Councilwoman Hertzog, and carried, adding Policy 12 to Goal I, which reads, "Develop a program to make those governmental bodies having control of real property taxation aware of the benefits of permitting residential additions and remodeling without the assess- ment of any additional taxes to the current owner; and that this program be developed to pursue the implementa- tion and hopefully the eventual adoption of such a tax measure". After further discussion, a motion was made by Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried, directing staff to prepare a resolution relating to Policy 12 of Goal I, which is to be presented to the Orange County Division, League of California Cities. Programs I -A to The Mayor opened the public hearing for discussion of I -H of Goal I Programs I -A through I -H, Goal I. The Planning Com- mission recommended adoption of Programs I -A, I -B, I -C, I -D modified by adding "if funds are available within the HCDA program", I -E, I -F, I -G; and recommended dele- tion of Program I -H. The HCD Committee supported Programs I -A through I -G, and support of Program I -H . 345 modified by deleting reference to rental units. Diane Patterson, Director of Governmental Relations for the Newport Harbor -Costa Mesa Board of Realtors, 401 North Newport Boulevard, Newport Beach, asked if all programs would be considered this evening, and Mayor Schafer responded that they would. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, the following were adopted: Programs I -A, I -B, I -C, I -D as modified by the Planning Commission, I -E, I -F, and I -G. Goal II - Policies Mayor Schafer opened the public hearing for Goal II, 1 through 13 Preserving Affordability, and Policies 1 through 13. The Planning Commission recommended adoption of Goal II, Policies 1, 2 as modified by the City Council, 3, 4, 5B, 7, 9, 10, and 13; and recommended deletion of Policies 5A, 6, 8, 11, and 12. The HCD Committee supported the following: Goal II, Policy 2 as originally written, 5A, 6, 8, 11 modified by deleting the words "and expansion", and 12. There being no speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the fol- lowing were adopted: Goal II, Policies 1, 2 modified, 3, 4, 5B, 7, 9, and 10. A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, to adopt Policy.11. The motion carried, Vice Mayor Hall voting no. On motion by Councilwoman Hertzog, seconded by Mayor Schafer, and carried, Vice Mayor Hall voting no, Policy.13 was adopted. Programs II -A The Mayor opened the public hearing to discuss Programs to II -H of Goal II -A through II -H of Goal II. The Planning Commission. II recommended the.following: adopt Program II -A; adopt Program II -B modified to read."Investigate alternative means (fast-track.processing one-stop permit counter, housing expeditor, etc.) to expedite the review and approval of all housing projects"; delete Program II -C; adopt Program II -D; delete Program II -E; adopt Program II -F; delete Program II -G; and -adopt Program II -H. The HCD Committee recommended support of all programs. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, the following pro- grams were adopted: II -A, II -B as modified by the Planning Commission, II -D, and II -F. A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, to adopt Programs II -G and II -H. The motion carried, Vice Mayor Hall voting no. Goal III - Mayor Schafer opened the public hearing to consider Goal Policies 1 III, Provision of Adequate Sites, and Policies 1 through through 11 11. The Planning Commission, recommended adoption of Goal III, Policies 1, 2, 3 and 4.as modified by the City Council, 5, 6,.8, 9, 10, and.11 as modified by the City Council. The HCD Committee supported Policies 3 modi- fied, 4 modified, and 11 modified. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, the following were adopted: Goal III; Policies 1, 2, 3 and 4 modified, 5 modified by substituting the word "for" for the words "and encourage" in the first line, and by inserting the word "building" between the words "single" and "project" in the last line, 6, 9, 10, and 11. A motion was made by Councilman McFarland, seconded by Mayor Schafer, to adopt Policy 7. The motion carried, Vice Mayor Hall voting no. A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, to adopt Policy 8. The motion carried, Vice Mayor Hall voting no. 31' Programs III -A Mayor Schafer opened the public hearing to consider to III -H of Programs III-A.through III -H of Goal III. The Planning Goal III Commission recommended adoption of all programs except Program III -C. The HCD Committee supported all programs with special emphasis and added justification for Pro- gram III -C. There being no speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the fol- lowing programs were adopted: III -A, III -B, III -D, III -E, III -F, III -G, and III -H. A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, to adopt Program III -C. The motion carried, Vice Mayor Hall voting no. Goal IV - Policies The Mayor opened the public hearing for Goal IV, 1 through 5 Accessibility, and Policies -1 through 5. The Planning Commission recommended adoption of Goal IV and Policies 1, 2, and 5; and recommended deletion of Policies 3 and 4. The HCD Committee supported Policy 3 and recommended 1 deletion of Policy 4. Diane -Patterson, Newport Harbor - Costa Mesa Board of Realtors, spoke in opposition to Policy 2. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, Goal IV, and Policies 1 and 5 were adopted. A motion wa-s made by Councilman McFarland, seconded by Mayor Schafer, to adopt Policy 2. The motion carried, Vice Mayor Hall voting no. Programs IV -A Mayor Schafer opened the public hearing to consider to IV -F of Goal Programs IV -A through IV -F of Goal IV. The Planning IV Commission recommended adoption of Programs IV -A, IV -C, IV -D modified by deleting the words "alternative regu- latory controls or", IV -E, and IV -F; and recommended deletion of Program IV -B. The HCD Committee supported Programs IV -A, IV -B modified to insert "multi -family" between the words "constructed" and "residential", IV -D, IV -E, IV -F; and opposed Program IV -C. There being no speakers, the Mayor closed the public hearing. A motion was made by Vice Mayor Hall, seconded by Councilman McFarland, to adopt Program IV -D as modified by the Planning Commission, Program IV -E modified by deleting the words "and privately -owned residential units", and Program IV -F. After discussion, Vice Mayor Hall amended his motion by further modification of Program IV -E, adding the phrase "and modification of existing rental units in participating apartment projects" after the words "handicapped persons" in the next to last line. The amended motion was seconded by Councilman McFarland, and carried. A motion was made by Councilman McFarland, seconded by Mayor Schafer, to adopt Program IV -A. The motion carried, Vice Mayor Hall voting no. Goal V - Policies The Mayor opened the public hearing for Goal V, Housing 1 through 7 Opportunities, and Policies 1 through 7. The Planning Commission recommended the following: adopt Goal V; adopt Policy 1 as modified by the City Council; delete Policies 2 and 3; adopt Policies 4 and 5 as modified by the City Council; and adopt Policies 6 and 7. The HCD Committee supported Policy 1 as originally written; deletion of Policy 2; supported Policy 3 modified by deleting the last sentence; and supported Policies 4 and 5 as modified by the City Council. Diane Patterson, Newport Harbor -Costa Mesa Board of Realtors, spoke in opposition to Policy 5. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and car- ried, the following action was taken: Goal V was adopted; Policies 1 and 4 as modified were adopted; and Policies 6 and 7.were adopted. A motion was made by Councilman McFarland, seconded by Mayor Schafer, to adopt.Policy 5 as modified. The motion failed to carry, Council Members Hall and Hertzog voting no, resulting in a tie vote. - Programs V-A to The Mayor opened the public hearing for Programs V-A to V -G of Goal V V -G of Goal V: The Planning Commission recommended adoption -of Programs.V-B, V -D, V -E, V -F, and V -G; and recommended deletion of Programs V-A and V -C. The HCD Committee supported all programs but with Program V -C modified by del.eting.the-last sentence. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall; seconded by Councilman McFar- land, and carried, Programs V -B, V -E, and V -F were adopted. A motion was made by Councilman McFarland to adopt Program V -D, however, the motion died for lack of a second. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, Program V -G, modified by adding the following phrase to the end of the first sentence "or other mutually agreed upon incentives between.developers and the City", was adopted. After discussion, a motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, to adopt Program V -D. Policy 5 of The motion carried, Vice Mayor Hall voting no. A motion Goal V Adopted was made by Councilman McFarland, seconded by Council- woman Hertzog,.to adopt Policy 5 of Goal V as modified by the City Council. The motion carried, Vice Mayor Hall voting no. Goal VI - Policies Mayor Schafer opened the public hearing for Goal VI, 1 through 4 Coordination and Cooperation, and Policies 1 through 4: The Planning Commission recommended deletion of Policy 1, adoption of Policy 2A, adoption of Policy 2B as modi- fied by the City Council, adoption of Policy 3, and deletion of Policy 4. The HCD Committee gave strong support to Policy 1, supported Policy 2B as modified, and supported Policy 4 modified to read "Cooperate with appropriate Federal, State, regional, and local govern- ments to fulfill the goal of providing a decent home in a suitable living environment for all residents of the City". There being no speakers, the Mayor closed the public hearing: On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, the following were adopted: Goal VI, and.Policies 2A, 2B as modified, and 3. Programs VI -A to The Mayor opened the public hearing to discuss Programs VI -F of Goal VI VI -A through VI -F of Goal VI. The Planning Commission recommended adoption of Programs VI -A, VI -B, VI -C, VI -E, and VI -F modified by deleting the last sentence. They also recommended..deletion.of Program VI -D. The HCD Committee supported all programs with additional discus- sion -and support for Program VI -D as an alternative funding source for thr family housing project in the Wallace Neighborhood Strategy Area. There being no speakers, the Mayor closed the public hearing. A motion was made by Vice Mayor Hall, seconded by Councilman McFarland, to adopt Programs VI -A, VI -B, VI -C, VI -E, and VI -F as modified by the Planning Commission. After dis- cussion, Vice Mayor Hall amended his motion relating to Program VI -E by adding the following sentence, "The first step in this process has been accomplished by execution of.a cooperative agreement with the Orange County Housing Authority." The amended motion was ,seconded by Councilman McFarland, and carried. On motion by:Vice Mayor Hall, seconded by Councilman Resolution 81-77 McFarland, Resolution 81-77, being A RESOLUTION OF THE Housing Strategy CITY COUNCIL OF -THE CITY•OF COSTA MESA, CALIFORNIA, Adopted ADOPTING THE COMPREHENSIVE:HOUSING STRATEGY OF THE GENERAL PLAN, was adopted by the.following roll call vote: 318 AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Schafer, Hall, Hertzog, McFarland None Johnson Recess The Mayor declared a recess at 9:05 p.m., and the meet- ing reconvened at 9:15 p.m. Public Hearing The Clerk announced that this was the time and place R-81-08 set for the public hearing to consider Rezone Petition R-81-08, Costa Mesa City Council, for permission to rezone property located at 2930 Bristol Street; 690, 691, 696, 697, 702:, 703, and 709 Randolph Avenue; and the 5.78 -acre parcel at the eastern terminus of Randolph Avenue, from MG to C2. Environmental Determination: Negative Declaration adopted for General Plan Amendment GP -81-2B. The Affidavit of -Publication is on file in the Clerk's office. No communications have been received. The Planning Commission and Planning staff recommended approval. The Development Services Director reported that a letter.has:been received by the Planning Division from. an:attorney:representing Barden's Pest Control, 696 Randolph Avenue, opposing the proposed rezone, however,, the staff -has found that the nature and scale of Barden's operation are consistent with the purpose and intent of the C2. zone. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, seconded by Councilwoman Ordinance 81-13 Hertzog, Ordinance 81-13, being AN ORDINANCE OF THE CITY First Reading COUNCIL!OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS FOURiTHROUGH TEN OF TRACT 3954, LOT ONE AND PORTIONS OF LOTS TWO AND THREE, BLOCK "F", BERRY TRACT, FROM MG TO C2, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Public Hearing The Clerk announced that this was the time and place Parking District set for the public hearing to request special district Funds augmentation funds for Vehicle Parking District No. 1, in the amount of $76.69, and for Vehicle Parking District No. 2, in the amount of $62.79. 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'Councilman McFarland, seconded by Mayor Resolution 81-78 Schafer,'Resolution 81-78,.being A RESOLUTION OF THE CITY. COUNCIL OF THE CITY.OF COSTA MESA, CALIFORNIA, REQUESTING THAT THE -AUDITOR -CONTROLLER OF THE COUNTY OF ORANGE.DISTRIBUTE TO VEHICLE•PARKING DISTRICT NUMBERS ONE AND TWO OF THE CITY OF COSTA MESA, THEIR PROPOR- TIONATE SHARES OF THE SPECIAL DISTRICT AUGMENTATION FUND, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: .Council Members: Johnson Appeal of ZE-81-138 The Clerk presented an appeal of the Planning Commis- Greyshock sion's decision concerning Zone Exception ZE-81-138, from Phil R. Greyshock, 1130 Pescador Drive, Newport Denied Beach, for a variance from provisions of the sign ordinance, for property located at 628 Terminal Way in an MG zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. The Planning Commission approved the two wall signs subject to modifications and conditions with Condition No. 1 modified to read: Projecting sign shall be 319 removed within 60 days of final action on this project, and prior to issuance of permits for, and installation of any signs on the property. The Commission denied the projecting sign. The Development Services Director reported that as shown in the Staff Report, the pro- jecting sign is illegal and is prohibited by Code in the MG zone. He added that the copy "Volva Penta" describes a product, and sign copy in industrial dis- tricts is limited to business name, logo, and address numerals only; product advertising is prohibited. Tony Greyshock, 624 Terminal Way, spoke in support of his request and answered questions from the Council. A motion was made by Councilman McFarland, seconded by Councilwoman'Hertzog,.approving the two wall signs with modifications and conditions recommended by the Plan- ning Commission, and denying the projecting sign. The motion carried, Vice Mayor Hall voting no. Appeal of ZE-81-141 The Clerk presented an appeal of the Planning Commis - RA -81-14 - Abdalian sion's denial of Zone Exception ZE-81-141, and the Redevelopment Agency's denial of Redevelopment Action RA -81=14, from Kathrina Abdalian, 105 Emerald Bay, Laguna Beach, for a variance for reduction in parking and Redevelopment Action for expansion of restaurant area, located at 1940-1942 Harbor Boulevard, in a Cl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. The Development.Services Director summarized the back- ground of subject application as detailed in the Planning/Redevelopment staff memorandum of September 2, 1981. The memorandum also contains additional Condi- tions No. 4, No. 5, and No. 6, which were recommended by staff if the request is approved. The Development Services Director also pointed out that the subject property has several illegal and nonconforming signs and recommended that Conditions No. 7 and No. 8, contained in the aforementioned memorandum, be included if the application is approved. Mrs. Zephyr Stuart, 105 Emerald Bay, Laguna Beach, representing the appli- cant, stated she had obtained written approval from Rabbitt Insurance Agency, 1914-18 Harbor Boulevard, to use that parking lot after 5:00 p.m., and from Dave Ruffell, owner of property at 1922 Harbor Boulevard, for use of his parking area after 6:00 p.m. Mrs. Stuart further stated that because of the proposed redevelop- ment of the subject area, it was difficult to obtain parking leases with the neighboring property owners. Dave Ruffell was present and spoke in support of the applicant's request. Ms. Terry Ireland, 1934 Flamingo Drive, Costa Mesa, also spoke .in support of the subject request. Dean -Ko, Manager of the restaurant to be expanded, was present and answered questions from the Council. A motion was made by Vice Mayor Hall, seconded by Councilman McFarland, approving ZE-81-141 and RA -81-14 based on'the following findings: exceptional extraordinary circumstances and hardships exist relative to the subject property; the requested variance is not excessive and would not result in a grant of special privilege because of the circumstances involved; the requested variance would not be materially detrimental to the surrounding properties; and the reduced stall dimensions would not create'a new unsafe condition; and subject to the condition that plans be submitted to, and approved by the Orange County Health Department prior to issuance of building permits, one copy to be filed with the Building Division. After discussion, Vice Mayor Hall amended his motion by adding Condition No. 2, use of dining area is prohibited before 5:00 p.m.; and Condition No. 3, all illegal signs shall be removed within 30 days. The amended motion was seconded by Councilman McFarland, and carried. Flood Insurance The Clerk presented a request from David L. Anderson, Exemption for Devine Properties, Incorporated, 3301 West MacArthur Wimbledon Village Boulevard, Santa Ana, for appropriate action to exempt Wimbledon Village Homeowners Association from the requirements to purchase and maintain flood insurance. The Development Services Director reported that since all homes within the Wimbledon Village tract, the adjacent Plaza.del Sol tract, and the Foley tract have been flood proofed, it-would be expeditious to all concerned parties if the City filed a combined request to exclude all lots from the Flood Insurance Program. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, the Development Services staff was directed to initiate procedures to exempt the three aforementioned tracts from the provisions of the Federal Flood Insurance Program. EP-81-01 The Clerk presented a request from Pacific Federal Pacific Federal Savings and Loan Association, 234 East 17th Street, Costa Mesa, for relief from Condition No. 11, in con- nection with Encroachment Permit EP-81-01, for property located at 400 West 19th Street, in a Cl zone. Condi- tion No. 11 requires that the applicant provide a Title Guarantee stating that all lands proposed for improve- ments•are under the jurisdiction of the City of Costa Mesa._ The applicant has presented a letter from First American Title Insurance Company which states that a guarantee cannot be provided which covers the rights of a municipality's jurisdiction. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and car- ried, Condition No. 11 was deleted as requested. ZE-81-26A The Clerk presented Zone Exception ZE-81-26A, J. H. Gregory Gregory, 17961 Cowan Street, Irvine, for a variance to allow an eight-foot high masonry wall along the ultimate front property line, increase in variance from maximum site coverage, and removal of condition requiring solar space and water heating,- for property 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 recom- mended approval subject to conditions. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried, the request was approved based on the findings and analysis contained in the Staff Report, and subject to conditions recommended by the Planning Commission. ZE-80-26A The Clerk presented Zone Exception ZE-80-26A, Ray Segerstrom Watson,, authorized agent; for C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, for an amendment to a_Final Development Plan for 1,175,755 square feet of planned industrial development, located west of Harbor Boulevard and north of Sunflower Avenue, in a PDI zone. Environmental Determination: Environmental Impact Report for Zone Exception ZE-80-26 accepted April 7, 1980. The Planning Commission recommended approval subject to conditions. Ray Watson was present and answered questions from the Council. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, and car- ried, ZE-80-26A was approved based on the findings and analysis contained in the Staff Report, and subject to conditions recommended by the Planning Commission. Oral John Palmer, Costa Mesa, spoke concerning articles Communications printed in two local newspapers which related to com- ments by the Costa Mesa City Attorney regarding the Newspaper subject of litigation. Mr. Palmer voiced his dis- Articles approval of same. Running Race at John Bushman, representing The Running Company, 12651 Orange Coast Newport Avenue, Tustin, referred to his letter dated 1 September 3, 1981, running race in th stated that the ra California Runner station KRLA. The 1981, at 8:00 a.m. requesting permission to hold a e City of Costa Mesa. Mr. Bushman ce was being sponsored by The Southern magazine in conjunction with radio race is scheduled for October 31, at Orange Coast College, and KRLA will be donating all of its race entry fees, $7.00 per runner, to the Orange County Music Center. During discussion, Mr. Bushman was advised that the City pre- ferred that the race be held on the Orange Coast campus, rather than using City streets. Six -story Building William G. Geffeney, 1644 Aliso Avenue, Costa Mesa, near 17th Street submitted a petition containing 82 signatures of resi- and Irvine Avenue dents in the area of 17th Street and Irvine Boulevard, protesting the granting of a variance to construct a six -story building located at 485 - 17th Street, and also protesting that only those who live within 300 feet of of the subject structure were notified of the variance hearing. The petition further requested that no other variances of this type be allowed in their neighborhood. Councilwoman Hertzog commented that there was no community response at the time this item was considered and approved by the Planning Commission. After discussion, a motion was made by Vice Mayor Hall, seconded by Councilman McFarland, and carried, directing staff to investigate modification of the City's notifi- cation ordinance relative to the height of structures being considered. Roushan Mary and Ali Roushan, 1550 Superior Avenue, Costa Mesa, Litigation spoke in connection with a lawsuit involving Mr. Roushan and the City. The Assistant City Attorney recommended to the Council that no comments be made on this matter since it is in litigation. Councilmanic Mayor Schafer referred to a communication from Pacific Comments Federal Savings and Loan Association, requesting Council approval to change their address from 19th Street to Old Pacific Federal Newport Road. On motion by Vice Mayor Hall, seconded by Address Change Councilwoman Hertzog,, and carried, approval was given, and staff was directed to initiate the requested change. Adjournment to At 10:40 p.m., the Mayor adjourned the meeting to a Closed Session closed session in the first floor Conference Room for the purpose of discussing the Sheffy litigation and the deferred compensation loan involving Newport Equity Funds (Zervas). During closed session, the City Attorney was authorized to take any legal action deter- mined to be legal and necessary against Newport Equity Funds and other parties. Adjournment The Mayor declared the meeting adjourned at 11:20 p.m. w�U Jf1A, Mayor of the City of Cos T a Mesa ATTEST: (2� C "ty Clerk' -of the City of Costa Mes 35JL