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