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HomeMy WebLinkAbout01/04/1982 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA January 4, 1982 The City Council of the City of Costa Mesa, met in regular session on January 4, 1982, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Mr. Chuck Simpson, Seventh Day Adventist Church. Council Members Present: Schafer, Hall, Hertzog, Johnson Council. Members Absent: McFarland Officials Present: City Manager, City Attorney, Director of Public Services, Senior Planner, City Clerk MINUTES On motion by Vice Mayor Hall, seconded by Councilwoman December 21, 1981 Hertzog, and carried 4-0, the minutes of the regular meeting of December 21, 1981, were approved as distrib- uted and posted as there were no corrections. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried 4-0, to read all ordinances by title only. CONSENT CALENDAR On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland READING FOLDER On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried 4-0, the following Reading Folder items were received and processed: Claims The following claims were received by the Clerk: Attorney David S. Getty on behalf of Charles Ulibarri; Myrtle Jane Allan on behalf of Flora Sue Whitt, a minor; and Kenneth C. Jones. Alcoholic Alcoholic Beverage Licenses for which parking has Beverage been approved by the Planning Division: Hyo-Kun Licenses and Young -Hui Kang, doing business as Captain Mike's Fish Fry, 815 West 19th Street; E1 Torito- La Fiesta Restaurants, Incorporated, doing business as E1 Torito, 633 Anton Boulevard; Kyoko Nakajima and Eiji Tanaka, doing business as Angotei, 675 Paularino Avenue, Unit 5; and Guiseppina Pina and Luigi Carpentieri, doing business as Luigi's, 1862 Placentia Avenue. Public Utilities Notice from the Public Utilities Commission of Commission the filing of Application No. 61138 by Southern California Edison Company, for authority to increase rates charged for electric service. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from Purple Heart Veterans Purple Heart Rehabilitation Services, Incorporated, 555 East Ocean Veterans Boulevard, Suite 225, Long Beach, by collecting personal and reusable household items during the 1982 calendar N MOTION year. On motion by Councilwoman Hertzog, seconded by Approved Vice Mayor Hall, and carried 4-0, the request was approved with application of Municipal Code Section 9-234J. SET FOR PUBLIC On motion by Councilwoman Hertzog, seconded by Vice HEARING Mayor Hall, and carried 4-0, the following items were set for public hearing.on the dates indicated, at 6:30 p.m., in the Council Chambers of City Hall: Housing Strategy January 18, 1982. To consider amendments to the of General Plan Comprehensive Housing Strategy of the City of Costa Mesa General Plan. Environmental Deter- mination: Environmental Impact Report for the General Plan accepted on July 20, 1981. Condemnation February 1, 1982. Resolution of Necessity to of 17th Street condemn Security Pacific Bank property located Property at 153 East 17th Street, designated Parcel No. 7, in connection with the 17th Street extension. ADMINISTRATIVE The Traffic Commission has recommended that parking be ACTIONS prohibited at 1845 Monrovia Avenue to improve sight distance. On motion by Councilwoman Hertzog, seconded Parking Prohibition by Vice Mayor Hall, Resolution 82-1, being A RESOLUTION on Monrovia Avenue OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, PROHIBITING PARKING ON A PORTION OF THE WESTERLY MOTION CURB OF MONROVIA AVENUE, was adopted by the following Resolution 82-1 roll call vote: Adopted AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Final Map for . A Final Map and Subdivision Agreement were presented for Tract 11424 - Tract 11424, Mohler Development Corporation, 1542-B Mohler Moulton Parkway, Tustin; 17 lots, 1.14 acres, located at 2459, 2463, and 2471 Irvine Avenue, for condominium purposes. On motion by Councilwoman Hertzog, seconded MOTION by Vice Mayor Hall, the map and agreement were approved; Approved the Council did accept on behalf of the public: a one - foot wide strip, Monaco Terrace, for street and highway purposes; vehicular access rights to Irvine Avenue as released and relinquished except at approved driveway locations; and the ingress/egress easement over Lot 17 for emergency vehicle purposes; the Council did also approve subject map pursuant to the provisions of Sec- tion 66436 (c)(1) of the Subdivision Map Act; the Clerk was authorized to sign subject map; and the Mayor and Clerk were authorized to execute the Subdivision Agree- ment. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Tract 11375 The Director of Public Services has recommended that Olrich the Faithful Performance Bond and Labor and Material Bond be exonerated in connection with Tract 11375, Earl S.'Olrich, 2881 Europa Drive, Costa Mesa, for MOTION property located at 2336 Elden Avenue. On motion by Bonds Exonerated Councilwoman Hertzog, seconded by Vice Mayor Hall, the bonds were ordered exonerated by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: 'None ABSENT: COUNCIL MEMBERS: McFarland AHFP Submittal On motion by Councilwoman Hertzog, seconded by Vice for 17th Street Mayor Hall, Resolution 82-2, being A RESOLUTION OF THE [1 1 1 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE MOTION ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF Resolution 82-2 SEVENTEENTH STREET, from Newport Boulevard to 180 feet Adopted easterly of Fullerton Avenue, was adopted by the follow- ing roll call vote: - AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland AHFP Submittal On motion by Councilwoman Hertzog, seconded by Vice for MacArthur Mayor Hall, Resolution 82-3, being A RESOLUTION OF THE Boulevard CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE MOTION ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF Resolution 82-3 MAC ARTHUR BOULEVARD, bridge approach at the Santa Ana Adopted River, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Bid Item 497 A motion was made by Councilwoman Hertzog, seconded by Contract with Vice Mayor Hall, authorizing extension of the existing Harris and Frank contract with Harris and Frank Uniform Division, 5570 Wilshire Boulevard, Los Angeles, in connection with Bid MOTION Item 497, Uniforms for Police and Fire personnel. The Extension motion carried by the following roll call vote: Authorized AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Bid Item 526 "A" Two 1982 Pickup Trucks MOTION Awarded to GMC Truck and Coach Bid Item 529 Fire Hose MOTION Awarded to Wardlaw Fire Equipment Bid Item 530 Structure Demolition MOTION Awarded to Sunset Demolition Bids received for Bid Item 526, Revision "A", Two 1982 Pickup Trucks, are on file in the Clerk's office. On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, the contract was awarded to GMC Truck and Coach Company, 6901 South Alameda Street, Los Angeles, in the amount of $13,483.20, being the lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Bids received for Bid Item 529, Furnishing of Fire Hose, are on file in the Clerk's office. On motion by Coun- cilwoman Hertzog, seconded by Vice Mayor Hall, the contract was awarded to Wardlaw Fire Equipment, Incor- porated, Post Office Box 2088, La Habra, in the amount of $7,568.40, being the lowest bid meeting specifica- tions. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson None McFarland Bids received for Bid Item 530, Demolish, Remove, and Dispose of Various Structures within the City of Costa Mesa, are on file in the Clerk's office. On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, the contract was awarded to Sunset Demolition, Incorporated, 2544 Tennyson Avenue, Anaheim, in the amount of $6,850.00, being the lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Management The City Manager has recommended a new classification of Reclassifications Management Information Services Manager to be responsi- ble for all computer applications throughout the City. He also recommended a revision to the job description for Assistant City Manager to incorporate the additional administrative responsibility for all data processing operations. On motion by Councilwoman Hertzog, seconded MOTION by Vice Mayor Hall, Resolution 82-4, being A RESOLUTION Resolution 82-4 OF THE,CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING Adopted RESOLUTION NO. 81-81 AND ADDING THE JOB CLASSIFICATION OF MANAGEMENT INFORMATION SERVICES MANAGER AND CHANGING SALARY RANGE OF ASSISTANT CITY MANAGER, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Final Map for A Final Map and Subdivision Agreement were presented for Tract 11512 - Tract 11512, Earl and Peggy Olrich, 2881 Europa Drive, Olrich Costa Mesa; one lot, 0.29 -acre, located at 1301 Baker Street, for condominium purposes. On motion by Council- woman Hertzog, seconded by Vice Mayor Hall, the Map MOTION and agreement were approved; the Council did accept on Approved behalf of the public the dedication of Baker Street for street purposes; did also accept on behalf of the City of Costa Mesa the easement for emergency ingress/egress as shown on said map; did also approve subject map pur- suant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; the Clerk was authorized to sign subject map; and the Mayor and Clerk were authorized to execute the Subdivision Agreement. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL_ MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland WARRANTS On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, Warrant Resolution 1164 was approved by the Warrant following roll call vote: Resolution 1164 AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Warrant On motion by Councilwoman Hertzog, seconded by Council - Resolution 1165 man Johnson, Warrant Resolutionn 1165, including Payroll 8126, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland CITY MANAGER The City Manager recommended that the City engage the REPORTS services of Jones, Hall, Hill and White, 4 Embarcadero Center, Suite 1950, San Francisco, as special legal Music Center counsel in connection with the Orange County Music Center parking project. On motion by Vice Mayor Hall, MOTION seconded by Councilman Johnson, Resolution 82-5, being Resolution 82-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted - Approving MESA, CALIFORNIA, APPROVING, AUTHORIZING, AND DIRECTING Legal Counsel EXECUTION OF AGREEMENT FOR SPECIAL LEGAL COUNSEL SER - Agreement VICES WITH JONES HALL HILL AND WHITE, A PROFESSIONAL LAW CORPORATION, was adopted; and the Mayor and Clerk were authorized to sign subject agreement on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland 1 f The City Manager also recommended that the City enter into an agreement with Wainwright and Ramsey, Incorpor- ated, 1400 K Street, Suite 206, Sacramento, as financial consultants for the Orange County Music Center parking MOTION project. On motion by Vice Mayor Hall, seconded by Financial Consultant Councilman Johnson, the agreement was approved, and the Agreement Approved Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland PUBLIC HEARING The Clerk announced that this was the time and place EIR for 600 set for the public hearing for the Final Environmental Victoria Street Impact Report (EIR) for property located at 600 Victoria Street. The Affidavit of Publication is on file in the Clerk's office. A communication has been received from the Chemical Action Neighborhood Association Committee, urging that the last sentence of Section II.F.3, on Page 48 of subject document, as amended by the Planning staff in a memorandum dated December 30, 1981, include any adjoining land within 2,000 feet of subject property. This section refers to mitigation measures for potential hazardous substances. Walter Hart, 2202 Miner Street, Costa Mesa; and Edward Bangert, 2172 Meyer Place, Costa Mesa, members of the above-mentioned committee, spoke in support of their request and asked that additional soil tests be taken on the subject property where chemical tanks had been located. Councilwoman Hertzog stated that Page 18 of the EIR addresses the latter concern. Bertha Bangert, 2172 Meyer Place, also spoke in support of testing nearby properties. Jorge Alvarez, 1947 Killdeer Circle, Costa Mesa, repre- senting the Janes Company, developer of subject property, asked questions pertaining to test results in other areas of the City, and responsibility for any required clean-up. There being no other speakers, the Mayor closed the MOTION public hearing. On motion by Vice Mayor Hall, seconded EIR Accepted by Councilwoman Hertzog, and carried 4-0, the Final Environmental Impact Report was accepted as accurate and adequate, including the aforementioned change con- tained in a memorandum dated December 30, 1981, and pertaining to the last sentence of Section II.F.3 of the EIR, which reads; "Prior to grading or excavation, all requirements of the Department of Health Services must be complied with for this phase of site prepara- tion. Any and all procedures required by the Department of Health Services to make the site suitable for resi- dential use must be completed prior to the issuance of building permits". PUBLIC HEARING The Clerk announced that this was the time and place R-81-15/ZE-81-193/ set for the public hearing for Rezone Petition R-81-15, Tentative Maps for Robert E. Wilkinson, authorized agent for Havens Costa Tracts 11690 and Mesa Property Trust, 9019 Park Plaza Drive, Suite B, 11691 - Wilkinson La Mesa, for .permission to rezone property located at 600 Victoria Street from R1 to R2. The Affidavit of Publication is on file in the Clerk's office. No com- munications have been received. Also presented at this time were additional applications in connection with the subject property: Zone Exception ZE-81-193, for a Conditional Use Permit for a 69 -unit condominium development with a variance for a 1.3 percent density deviation; and Tentative Maps for Tracts 11690 and 11691, for 33 -lot and 38 -lot subdivisions. The Senior Planner reviewed the information contained in the Staff Report. The Planning Commission and Planning staff recommended approval of the project subject to condi- tions as amended. Jorge Alvarez, 1947 Killdeer Circle, Costa Mesa, repre- senting the developer, stated he would answer any questions the Council may have, and agreed to all condi- tions. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hall, seconded by Councilman Ordinance 82-1 Johnson, Ordinance 82-1, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING R-81-15 Approved THE ZONING OF LOT 36, FAIRVIEW FARMS, FROM R1 TO R2, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland MOTION On motion by Vice Mayor Hall, seconded by Councilman ZE-81-193 " Johnson, and carried 4-0, Zone Exception ZE-81-193 was Approved approved, based on the analysis and findings contained in the Staff Report, subject to all conditions recom- mended by the Planning Commission, except that Condition No. 1 was amended to read: "Prior to grading or excava- tion, all requirements of the Department of Health Services must be complied with for this phase of site preparation. Any and all procedures required by the Department of Health Services to make the site suitable for residential use must be completed prior to the issuance of building permits". MOTION On motion by Vice Mayor Hall, seconded by Councilman Tentative Tracts Johnson, and carried 4-0, Tentative Maps for Tracts 11690 and 11691 11690 and 11691 were approved, based on the analysis Approved and findings contained in the Staff Report, and subject to all conditions recommended by the Planning Commis- sion. PUBLIC HEARING The Clerk announced that this was the time and place R-81-16 - City set for the public hearing for Rezone Petition R-81-16, Council Costa Mesa City Council, for permission to rezone property located at 276 Victoria Street from AP to CL. Environmental Determination: Environmental Impact Report accepted for General Plan Amendment GP -76-1C. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Senior Planner summarized information contained in the Staff -Report. The Planning staff and Planning Commis- sion recommended approval. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hall, seconded by Councilwoman Ordinance 82-2 Hertzog, Ordinance 82-2, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING R-81-16 Approved THE ZONING OF A PORTION OF LOT 67, TRACT NO. 57, FROM AP-CP'TO CL, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT:COUNCIL MEMBERS: McFarland ORAL Jon Paradis, 1140 Salinas Avenue, Costa Mesa, Vice COMMUNICATIONS President of the North Costa Mesa Homeowners Associa- tion, spoke in opposition to a decision by the Council Arnel Lawsuit made on December 21, 1981. The Council decided not to appeal the Appellate Court ruling that the Initiative a Ordinance of 1978.was i.nvalid because it was discrim- inatory. Mayor Schafer reported that letters had been received from Mr. Paradis and from Scott Williams, 3465 Santa Clara Circle, Costa Mesa, both opposing the Coun- cil's decision. Considerable discussion ensued during which time Mr. Paradis answered questions from the Council. Mayor Schafer pointed out that if the Council did decide to reverse their previous decision, the deadline to file an appeal is January 10, 1982. MOTION After further discussion, a motion was made by Vice Died for. Lack Mayor Hall to reaffirm the Council's previous decision of a Second not to appeal to the Supreme Court, however, the motion died. for. lack of a second.. The Council continued to discuss the options concerning the subject lawsuit, and the City Attorney reviewed the report he had submitted to them at the December 21, 1981, Council meeting. MOTION A motion was made by Councilman Johnson, seconded by Reconsider Mayor Schafer, to reconsider an appeal to the Supreme Decision Court. The motion failed to carry because of a tie Failed to Carry vote, Council Members Hall and Hertzog voting no. MOTION A motion was made by Vice Mayor Hall, seconded by Coun- Reaffirm Decision cilwoman Hertzog, reaffirming the Council's previous Failed to Carry decision not to appeal to the Supreme Court. This motion also failed to carry because of a tie vote, Council Members Schafer and Johnson voting no. Mayor'Schafer recommended that the meeting be adjourned to January 6, 1982, at which time Councilman McFarland would be present and another vote could be taken to break the .tie. ADJOURNMENT At 8:05 p.m., the Mayor -adjourned the meeting to January 6, 1982, at 7:00 p.m., in the Council Chambers of City Hall. ATTEST: AFY-4c.1 ork of the City of Costa esa