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HomeMy WebLinkAbout10/05/1981 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 5, 1981 The City Council of the City of Costa Mesa, California, met in regular session on October 5, 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 Mr. Robert Hinton, Chief Executive Officer, City of Hove, Sussex, England. Roll Call Council Members Present: Schafer, Hall, Hertzog, McFarland, Johnson Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk Minutes - On motion by Councilman McFarland, seconded by Council - September 21, woman Hertzog, and carried, the minutes of the regular 1981 meeting of September 21, 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. Robert Hinton Mayor Schafer introduced Robert Hinton, Chief Executive Introduced Officer, City of Hove, Sussex, England, who is visiting the,City of Costa Mesa as.a guest of the City Manager. The Mayor presented Mr. Hinton with a City of Costa Mesa Honorary Citizen Certificate. CONSENT CALENDAR. ,The following item was removed from the Consent Calendar: Item 8, Agreement with JEF Engineering.for,preparation of plans for the centralized signal system adjacent to South Coast Plaza. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the remaining Consent Calendar items were approved in one motion.by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson_ NOES: Council Members: None ABSENT: Council Members: None Reading Folder On motion by Councilman McFarland, seconded by Vice Mayor Hall, 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: Nancy Boling; Attorney Thierry Colan, on behalf of Helen A. Dossett; Attorney Carl E. Knutson, Jr., on behalf of Darrell Allan Gregory; Attorney Carl E. Knut- son, Jr., on behalf of David Michael Neeley; and Attorney Carl E. Knutson, Jr., on behalf of Steven Craig Wilson. Public Utilities Notice of Hearing from the Public Utilities Commission Commission regarding the matter of Application 60759, Pacific Telephone Company, for authority to increase rates for mobile radio -telephone services to cover increased costs. Said hearing End of is scheduled for October 8, 1981, at 9:30 a.m., Reading Folder in San Francisco. Set for Public On motion by Councilman McFarland, seconded by Vice Hearing Mayor Hall, and carried, the following items were set for public hearing on November 2, 1981, at 6:30 p.m., in the Council Chambers of City Hall: GP -81-3A, General Plan Amendment GP -81-3A, Milton J. Meehan/Planning Meehan, 2319 Margaret Drive, Newport Beach, and Commission the Costa Mesa Planning Commission, for per- mission to amend the land use designation for properties located at 217, 219, 221, and 221-1/2 Avocado Street, from General Commercial to High Density Residential. Environmental Determina- tion: Negative Declaration. GP -81-3B, SP -76-01, General Plan Amendment GP -81-3B, John G. Jung - and R-81-09 keit, authorized agent for H. Haven Burke and Jungkeit/Burke/ Luba Gorbunoff, and the Costa Mesa Planning Gorbunoff/Planning Commission, for permission to amend the land use Commission designation for properties located at 260, 266, 272, and 276 Victoria Street from General Commer- cial to High Density Residential; Amendment to Specific Plan SP -76-01, for permission to include the above -referenced properties; and Rezone Peti- tion R-81-09, for permission to rezone properties at 260, 266, and 272 Victoria Street from AP -CP and CL to R4. Environmental Determination: Environmental Impact Report accepted for General Plan Amendment GP -76-1C. GP -81-3C and R-81-11 General Plan Amendment GP -81-3C, Newport -Mesa School Distict Unified School District, for permission to amend the land use designation of the Wakeham School site, located south of Secretariat Circle, east of Smalley Road, and west of Fuschia Street, from Public and Semi-public to Low Density Residen- tial; and Rezone Petition R-81-11, for permission to rezone subject property from Al (General Agricultural) to R1 (Single Family Residential). Environmental Determination: Environmental Impact Report accepted for General Plan Amendment GP -76-3D. Regulating Proposed ordinance regulating the placement of Signs signs within the City of Costa Mesa. Environ- mental Determination: Negative Declaration. Electronic Proposed ordinance amending Chapters II and XIII Game Machines of the Costa Mesa Municipal Code to regulate electronic game machines. Environmental Deter- mination: Negative Declaration. Rejected Claims On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the claim of Gabriella Angotti Angotti was rejected. Cheesman On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the claim of Cathy Cheesman was rejected. Hayman On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried, the claim of Lavonne Hayman was rejected. Final Map for The Final Map was presented for Tract 11475, Robert Tract 11475 - Tillotson, 768 West 20th Street, Costa Mesa; one lot, Tillotson 0.20 -acre, located at the above address, for condominium purposes. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the map was approved; the Council I- I 86„�­� did accept on behalf of the public for street and high- way purposes: 20th Street; did also accept on behalf of the City of Costa Mesa the ingress/egress easement over Lot One for emergency vehicle purposes; approved subject map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign said map on behalf of the City. The motion carried by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Agreement - Molho An agreement with Morris M. and Vivian J. Molho, 2320 Cliff Drive, Newport Beach, was presented. The agree - 17th Street ment stipulates a payment by the City of $1,000.00 for Storm Drain acquisition of right-of-way at 448 East 17th Street, designated Parcel 29, for the 17th Street storm drain between Tustin and Irvine Avenues. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the fol- lowing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Change Order Change Order No. 5, in the amount of $17,866.24, was No. 5 presented, and relates to the contract with Mladen Buntich Construction Company for construction of the 16th Street 16th Street storm drain from Placentia Avenue to Pomona Storm Drain Avenue. On motion by Councilman McFarland, seconded by Vice Mayor Hall, 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 Notice of Construction of the 16th Street storm drain, from Completion Placentia Avenue to Pomona Avenue, has been completed to the satisfaction of the Director of Public Services by 16th Street Mladen Buntich Construction Company, 9946 Rancho Caballo Storm Drain Drive, Sunland. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the work was accepted; the Clerk was authorized to file a Notice of Completion; the bonds were ordered exonerated 35 days after filing the Notice of Completion; and authorization was given to release the ten percent retention immediately. The motion carried by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Contract for Street Bids received for Street Maintenance 1981-82 are on file Maintenance 1981-82 in the Clerk's office. On motion by Councilman McFar- land, seconded by Vice Mayor Hall, the contract was Awarded to Porter awarded to Porter Construction Company, Incorporated, Construction 13901 Gershon Place, Santa Ana, in the amount of $426,042.50, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Sole Source Purchase A request was presented for authorization to purchase a of Asphalt Spreader Sprague asphalt spreader from sole source vendor, Orange County Asphalt Company, Post Office Box 16954, Irvine, in the amount of $6,018.04 including tax. On motion by 366 Councilman McFarland, seconded by Vice Mayor Hall, the request was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Conference Requests for Conference Advances were presented, for Advances three police officers to attend the California Narcotic Officers' Training Conference in Sacramento, October 15 through 18, 1981, for a total amount of $750.00. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the requests were approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, Former Mayor McFarland, Johnson Recognized NOES: Council Members: None Salary ABSENT: Council Members: None Agreement - JEF Item 8 on the Consent Calendar was presented, an Engineering agreement with Mr. J. E. Faust, doing business as JEF Engineering, 601 Sandalwood Street, La Habra, in the Centralized amount of $6,000:00, for preparation of plans for Signal System extension of the centralized signal system along Sun- flower Avenue and Bear Street adjacent to South Coast Plaza. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, requested information concerning the above expenditure. Resolution 81-80 The City Manager responded that three cities and four Basic Pay Schedule developers were involved with the funding of subject project, and that no general funds are involved. On motion by Councilman McFarland, seconded by Council- woman 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, Johnson End of NOES: Council Members: None Consent Calendar ABSENT: Council Members: None Warrant On motion by Councilwoman Hertzog, seconded by Vice Resolution 1155 Mayor Hall, Warrant Resolution 1155 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 1156 man McFarland, Warrant Resolution 1156, including Payroll 8120, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Former Mayor Mayor Schafer introduced former Mayor Robert Wilson who Recognized was in the audience. Salary The City Manager presented a proposed resolution for Increases salary increases for police, clerical, technical, and maintenance employees of the City of Costa Mesa. The resolution provides for the following: police person- nel, 6-1/4 percent increase effective October 4, 1981, and 6-1/4 percent increase effective May 2, 1982; clerical, technical; and maintenance personnel, 6-1/4 percent increase effective November 1, 1981, and 6-1/4 percent increase effective May 2, 1982. On motion by Resolution 81-80 Councilman McFarland, seconded by Councilwoman Hertzog, Basic Pay Schedule Resolution 81-80, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, ESTABLISHING THE BASIC PAY SCHEDULE, ESTABLISHING THE RATES OF PAY FOR CLASSIFICA- TIONS AND EMPLOYEES PLACED UNDER THE BASIC PAY SCHEDULE, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None The City Manager presented a proposed resolution for salary increases for executive personnel as detailed in the subject document. 'On motion by Vice Mayor Hall, Resolution 81-81 seconded by Councilman Johnson, Resolution 81-81, being Executive Personnel A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, ESTABLISHING RATES OF PAY FOR EXECUTIVE PERSONNEL, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Sole Source The City Manager requested authorization to purchase Purchases of computer equipment for the police computer system from Computer two vendors, sole source suppliers, because of the need Equipment to maintain compatibility with existing equipment. The equipment required is described, and prices detailed, in the Purchasing Agent's memorandum dated October 1, 1981. On motion by Vice Mayor Hall, seconded by Coun- cilman McFarland, authorization was given to purchase computer items, listed in the aforementioned memoran- dum, from Public Research Corporation, 185 Berry Street, Suite 3802, San Francisco, in the amount of $6,975.84; and from David, Jamison, Carlyle Corporation, 2709 Hill- side Drive, Newport Beach, in the amount of $14,202.94. The motion carried by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced the public hearing, continued from ZE-79-136/Los the meeting of April 6, 1981, for Zone Exception Angeles Times ZE-79-136, Los Angeles Times, Times-Mirror Square, Los Angeles, for a Conditional Use Permit to allow a Held Over heliport at 1375 Sunflower Avenue, in an MP zone. Environmental Determination: Negative Declaration. Three communications in opposition to the request have been received from the following persons: Tom and Barbara Sheehan, 945 Jasmine Circle, Costa Mesa; David Leighton, representing the North Costa Mesa Homeowners Association; and Paula Litten, representing the Marina - Highlands Association. The Development Services Director reported that a request had been received from the applicant, asking that this item be continued to the meeting of December 7, 1981. Robert C. Lovdell, General Counsel for the Los Angeles Times, stated that he had learned late in the day that the Federal Aviation Administration (FAA) is considering a maximum height of 700 feet for helicopters in the area controlled by the John Wayne/Orange County Airport tower. David Leighton, President of the North Costa Mesa Homeowners Associa- tion, 1074 Redding Street, Costa Mesa, stated that if subject application is again continued, it should be for 90 days because of the holiday season. Vice Mayor Hall suggested that the second meeting in January would be more appropriate, and Mr. Lovdell stated that this was acceptable to the applicant. On motion by Council- man McFarland, seconded by Councilwoman Hertzog, and carried, Mayor Schafer voting no, the public hearing was continued to the meeting of January 18, 1982. n Public Hearing The Clerk announced the public hearing, continued from ZE-80-24/Downey the meeting of April 6, 1981, for Zone Exception Savings and Loan ZE-80-24, Vertical Aeronautics, 14423 Sylvan Street, Van Nuys, authorized agent for Downey Savings and Loan Held Over Association, 3200 Bristol Street, Costa Mesa, for a Conditional Use Permit to utilize a portion of a parking structure as a heliport at 3200 Bristol Street, in a TC zone. Environmental Determination: Negative Declara- tion. Three communications opposing the previous item also opposed subject heliport. The Development Services Director reported that this applicant had also requested a 60 -day continuance, however, a representative from Downey Savings was in the audience and stated that the January 18, 1982, meeting was acceptable. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, Council Members Schafer and Johnson voting no, the public hearing was continued to the meeting of January 18, 1982. Public Hearing The Clerk announced that this was the time and place R-81-10 set for the public hearing to consider Rezone Petition R-81-10, Costa Mesa City Council, for permission to rezone property located at 1769 Anaheim Avenue from R3 to R2. Environmental Determination: Exempt. 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 Vice Ordinance 81-14 Mayor Hall, Ordinance 81-14, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNA, CHANGING THE ZONING OF LOT 7, TRACT 2584, FROM R3 TO R2, 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 Hearing The Clerk announced that this was the time and place set Extending for the public hearing to consider an urgency ordinance Moratorium for extending the effect of Ordinance No. 81-9 concerning Game Machine a moratorium on the acceptance of applications for Permits amusement centers and electronic game machines. 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 Councilman Urgency Johnson, Ordinance 81-15, being AN INTERIM ORDINANCE OF Ordinance 81-15 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted EXTENDING THE EFFECT OF ORDINANCE NO. 81-9, PROHIBITING THE PROCESSING OF APPLICATIONS FOR "ELECTRONIC GAME MACHINES" AND "AMUSEMENT CENTERS" WITHIN THE CITY OF COSTA MESA ADOPTED AS AN URGENCY ORDINANCE AND SETTING FORTH THE REASONS THEREFOR, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None ZE-81-132 The Clerk presented Zone Exception ZE-81-132, Associates South Coast in Architecture and Design, authorized agent for South Plaza Coast Plaza, 3315 Fairview Road, Costa Mesa, for a Final Development Plan for 15,452 square feet of restaurant area in Block "G" of the Town Center, with a variance from parking standards, located at 3300 Bristol Street, in a TC zone. Environmental Determination: Environ- mental Impact Report accepted for the Town Center. The Development Services Director summarized subject application as outlined in a Planning staff memorandum dated September 30, 1981, pointing out that Conditions Appeal of ZE-81-157 The Clerk presented an appeal of the Planning Commis - Airport West sion's decision for Zone Exception ZE-81-157, from Gary Business Park Davidson, authorized agent for Airport West Business Park, 1517 North Fairview Street, Santa Ana, for a No. 3 and No. 8 had been modified by the Planning Com- mission. The above-mentioned memorandum also contains a staff recommendation for further modification of Condition No. 3 in order to alleviate the concern of the applicant and to achieve the intent of the condition. The staff's revision reads as follows, "The Planning Commission may, from time to time, analyze the parking situation at the site and in the event a serious parking or traffic problem has arisen as a result of this vari- ance being granted, the City reserves the right to re-evaluate the parking situation and the restaurant operator shall cooperate with the City in reaching a reasonable solution". Condition No. 8, as modified by the Planning Commission, reads, "Employees shall not be prohibited nor restricted from parking on the premises without prior approval of an alternate parking plan by the Planning Commission". Malcolm Ross, representing South Coast Plaza, was present to answer questions from the Council and'agreed to all conditions, including Conditions No. 3 and No. 8 as stated above. On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried, the Final Development Plan was approved based on the findings, analysis, and conditions contained in the Staff Report, including amendments to Conditions No. 3 and No. 8 as detailed above. Appeal of ZE-81-144 The Clerk presented an appeal of the Planning Commis - Lawrence Property sion's decision for Zone Exception ZE-81-144, from Management Lawrence Property.Management Company, Incorporated, authorized agent for Gilbert N. Segal, 15720 Ventura Referred Back Boulevard, Suite 204, Encino, for a Planned Signing to Planning Program at 2750 Harbor Boulevard, in a Cl zone. Commission Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. On motion by Councilman McFarland, seconded by Councilwoman Hert- :zog, and carried, this item was referred back to the Planning Commission for their meeting of October 26, 1981, as recommended by the Development Services Director. Appeal of ZE-81-150 The Clerk presented an appeal of the Planning Commis - and RA -81-16 sion and Redevelopment Agency denials of Zone Exception Devine ZE-81-1.50 and Redevelopment Action RA -81-16, from Paul and..Wayneta"Devine, 1128 Gleneagles Terrace, Costa Held Over Mesa, for a Conditional Use Permit and Redevelopment Action to convert a two -unit apartment complex to condo- miniums, with a variance from parking standards, for property located at 169 East 18th Street, in an R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. The appellant was not present. After brief discussion, a motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, to deny the applications based on the findings and analysis contained in the Staff Report. The motion carried, Council Members Hall and Johnson voting no. Later in the meeting, during Oral Communications, Wayneta Devine addressed the Council and explained that her tardiness was due to the fact that she thought the meeting started at 7:30 p.m. Mrs. Devine requested that the hearing be continued to the next meeting. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried, the Council agreed to reconsider their previous motion to deny. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried, this item was continued to the meeting of November 2, 1981. - Appeal of ZE-81-157 The Clerk presented an appeal of the Planning Commis - Airport West sion's decision for Zone Exception ZE-81-157, from Gary Business Park Davidson, authorized agent for Airport West Business Park, 1517 North Fairview Street, Santa Ana, for a 3170 Held Over variance from parking requirements to allow the addition of 23,000 square feet of second story floor area in existing industrial buildings, located at 245 Fischer Avenue, in an MP zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. The appellant was not present. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, Vice Mayor Hall voting no, this item was continued to the meeting of November 2, 1981. Oral Robert Hinton, Chief Executive Officer, Town Hall Hove, Communications Sussex, England, expressed his appreciation for the Honorary Citizen Certificate which he received earlier Robert Hinton in the evening. Mr. Hinton stated that he and his wife have had a delightful visit to the City of Costa Mesa, and found the citizens of the community to be extremely friendly. Animal Control Andrew Whitney, 1630-A Iowa Street, Costa Mesa, spoke 'concerning the complaints he has made in the past regarding animal defecation in the street, and stated that this unsanitary condition still exists in his neighborhood. Mr. Whitney submitted his letter request- ing Council assistance to resolve the problem. Mayor Schafer referred the complaint to the City Manager's office for comments. Councilmanic The Council Members expressed their pleasure in having Comments Mr. and Mrs. Hinton visit the City. Adjournment The Mayor declared the meeting adjourned at 7:45 p.m. PI" Oo. -L 1, L. — Mayor of the City—of-Coff Mesa ATTEST: City --Clerk of the City of Costa M a