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HomeMy WebLinkAbout02/01/1982 - City Council1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 1, 1982 The City Council of the City of Costa Mesa, met in regular session on February 1_, 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 Councilman McFarland. 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 Vice Mayor Hall, seconded by Councilwoman January 18 Hertzog, and carried 5-0, the minutes of the regular and 20, 1982 meeting of January 18, 1982, and the adjourned regular meeting of January 20, 1982, were approved as distrib- uted and posted as there were no corrections. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried 5-0, to read all ordi- nances by title only. CONSENT CALENDAR On motion by Councilman McFarland, seconded by Council- woman Hertzog, all 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 Council- woman Hertzog, and carried 5-0, the following Reading Folder items were received and processed: Claims The following claims were received by the Clerk: Craig R. Bohart, and Richard A. McCormick. Alcoholic Alcoholic Beverage Licenses for which parking has Beverage been approved by the Planning Division: Diana R. Licenses Todd and Jess Everett Dines, doing business as Australasia Ventures, Incorporated, 3100 Airway Avenue; Wun Kee and Yong Chung, doing business as Hillgreen Liquor Store, 250 East 17th Street; Gourmet Concessions, doing business as Gourmet Shop, 3333 South Bristol Street. The following licenses are being protested by the Planning Division because Conditional Use Permits are required: Edward Broder, doing busi- ness as Dirty McKeever's, 130 East 17th Street; Delaney's Incorporated,.doing business as Delaney's, 2915 Red Hill Avenue. Public Utilities Notice from the Public Utilities Commission of Commission the filing of Application No. 82-01-27 by South- ern California Gas Company, to increase the Conservation Cost Adjustment Component in its effective rates, in order to continue its demon- stration solar financing program. SET FOR PUBLIC On motion by Councilman McFarland, seconded by Council - HEARING woman Hertzog, and carried 5-0, the following item was set for public hearing March 1, 1982, at 6:30 p.m., in Condemnation of the Council Chambers of City Hall: Resolution of Neces- Stroot Property sity to condemn a portion of the Stroot property, 20 for Storm Drain feet by 190 feet, for right-of-way necessary for storm drain/alley project north of 17th Street. REJECTED CLAIM On motion by Councilman McFarland, seconded by Council- Patterned Concrete woman Hertzog, and carried 5-0, the claim of State Farm Reese Insurance Company, on behalf of Leanne Reese, was City of Costa rejected. ADMINISTRATIVE On motion by Councilman McFarland, seconded by Council - ACTIONS woman Hertzog, a Conference Advance, in the amount of MOTION $288.00, for a police officer to attend the California Conference Homicide Investigators Seminar in Los Angeles, March Advance 10-12, 1982, was approved by the following roll call Corporation, vote: MOTION AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Approved McFarland, Johnson NOES: COUNCIL MEMBERS: None Landscaping on ABSENT: COUNCIL MEMBERS: None Second Amendment A second amendment to the contract with Johnson -Frank to Contract for and Associates, 1630-C South Sunkist Street, Anaheim, Harbor Boulevard was presented. The amendment, increasing the contract Drainage Study amount by $2,064.00, is for various revisions to the original scope of the drainage system study on Harbor Boulevard between Adams Avenue and Baker Street. On MOTION motion by Councilman McFarland, seconded by Councilwoman Approved Hertzog, the second amendment was approved 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 No. 1 Change Order No. 1, relating to the contract with for Adams Avenue Leonite Concrete, Incorporated, 1570 East Edinger Ave - Patterned Concrete nue, Suite K, Santa Ana, was presented. The change Demolish Structures order, in the amount of $2,657.66, is for additional City of Costa demolition, patterned concrete, and concrete safety Mesa, are on file in the Clerk's strips in connection with Installation of Safety Strips On motion by and Patterned Concrete on Adams Avenue between Harbor MOTION Boulevard and Fairview Road. On motion by Councilman Approved McFarland, seconded by Councilwoman Hertzog, the change the bid was awarded to Economy order was approved by the following roll call vote: Corporation, AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, 17702 Cowan Street, Irvine, in McFarland, Johnson of $13,110.00, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Landscaping on Bids received for Landscaped Median on Newport Boulevard Newport Boulevard at 19th Street are on file in the Clerk's office. A at 19th Street motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, awarding the contract to Artistic MOTION Landscape, 9223 Cedartree Road, Downey, in the amount Awarded to of $22,824.00, being the lowest bid meeting specifica- Artistic Landscape tions. 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 Bid Item 533 Bids received for Bid Item 533, Demolish, Remove, and Demolish Structures Dispose of Various Structures within the City of Costa Mesa, are on file in the Clerk's office. On motion by .MOTION Councilman McFarland, seconded by Councilwoman Hertzog, Awarded to the bid was awarded to Economy Containers Corporation, Economy Containers 17702 Cowan Street, Irvine, in the amount of $13,110.00, being the lowest bid meeting specifications. 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 OLD BUSINESS The Clerk presented from the meeting of January 18, 1982, an appeal of the Planning Commission's denial of Appeal/ZE-81-210 phased construction in connection with Zone Exception Thorp ZE-81-210, Henry Thorp, 2134 Orange Avenue, Costa Mesa, for an eight -unit condominium project, located at 2132- 2140 Orange Avenue, in an R2 zone. Environmental Determination: Negative Declaration. The Development Services Director referenced the memorandum from staff dated January 28, 1982, which details the subject project as well as three options relating to phased construction. The applicant was present, answered questions from the Council, and referred to his suggestion contained in the above-mentioned memorandum, that he will enter into an agreement with the City.stipulating that within 90 days of the sale of either of the Phase 2 units, the two duplex structures in the front of the property shall be brought into compliance with apartment development standards and exterior elevations shall be coordinated. Councilwoman Hertzog expressed her concern that if the applicant were unable to complete the project, it would result in a land -locked rear parcel. In response to questions from Council Members McFarland and Johnson regarding problems that could arise if the property contained a mixture of condominiums and rental units, the Development Services Director reported the following. Additional staff reviews as to how the Covenants, Conditions, and Restrictions would be estab- lished since it would be difficult to formulate a homeowners association that would be able to handle the maintenance of a mixed project. Need for a variety of easements over the various phases of the project because there would be the probability of multiple final tract maps. The City has typically not allowed units to be built at the rear of property where other units are located without bringing the whole site up to standards. The rear units basically would be land -locked. Mr. Thorp stated that there were two separate parcel numbers and therefore no land -lock could occur. The Development Services Director commented that this could either be an illegal subdivision, or it had been sub- divided prior to the City's incorporation. Councilman Hall referred to the Staff Report of Decem- ber 4, 1981, last paragraph of third page, which reads, "Staff suggests that the problem with this approach is again that the financial climate or other unforeseen events may prevent progressing beyond Phase 1 and the property would be left with five old apartments and two new apartments". He also referred to the staff memoran- dum dated January 28, 1982, first page, under Option 1, second sentence of Paragraph 2: "Despite applicant's intentions, something could happen to prevent completion (financing, sale of property, etc.) resulting in a development containing both old and new structures, partially apartments and partially condominiums". Vice Mayor Hall referenced an opinion of the Fourth District Court of Appeal concerning the Arnel case, Page 10 of 22 Footnote 6: "No finding of necessarily adverse consequences from the development, only that there might be adverse consequences". Vice Mayor Hall expressed his opinion that Council would be denying someone their property rights on a "what if" basis, and that he assumed that there would be the finding that something might happen to prevent the completion of the project. MOTION A motion was made by Vice Mayor Hall to approve phasing Phasing Approval of the project in accordance with Option 1, with the Died for Lack of additional conditions shown in the memorandum dated a Second January 28, 1982, that is, Conditions 3a and 3b, with the revision of Condition 3c to read the same as Para- graph 4 on the second page, and subject to all other conditions. The motion died for lack of a second. Councilman McFarland stated his opinion that property rights were not being denied since the project has already been approved, adding that it was an excellent project. Councilman McFarland further stated his opinion that the method of development proposed by the applicant is not in the best interests of the City. MOTION A motion was made by Councilman McFarland, seconded by Approve ZE-81-210 Councilman Johnson, to adopt the Negative Declaration of Environmental Impact, and to approve Zone Exception ZE-81-210 based on the findings contained in the Staff Report dated December 4, 1981, as well as the findings of the Planning Commission. During discussion, Vice Mayor Hall stated that he would want a finding to substantiate denial of the phasing. Councilwoman Hertzog commented to the applicant that since she has been able to make a more thorough study of the project since the last Council meeting, she has real concerns regarding phasing construction based on the input and concerns of staff. AMENDED MOTION After discussion with the City Attorney, Councilman Finding Added McFarland amended his motion to include the finding that the phasing programs outlined could result in disparate structures and/or uses on subject property. The amended motion was seconded by Councilman Johnson, and carried 4-1, Vice Mayor Hall voting no. Prohibition of The Clerk presented proposed prohibition of parking for Parking for street sweeping purposes in portions of north Costa Street Sweeping Mesa. The Traffic Commission recommended that parking in North Costa be prohibited on Mondays from 8:00 a.m. to 11:00 a.m., Mesa and review enforcement policy. Staff recommended that parking be prohibited on Mondays from 8:00 a.m. to noon. A communication has been received from the North Costa Mesa Homeowners Association, 1074 Redding Avenue, which contains the result of a poll conducted in subject area concerning parking prohibition for street sweeping. A commmunication has been received from E. B. Eggleston, 1254 Belfast Avenue, Costa Mesa, opposing the proposed parking prohibition. Dave Leighton, 1074 Redding Avenue, President of the North Costa Mesa Homeowners Association, reviewed the poll which was conducted by his association and reported that of over 2,100 inquiries delivered in the neighbor- hood, approximately 21 percent responded, and of those responding, 75 percent favored parking prohibition for street sweeping purposes. Mr. Leighton also made the following suggestions: City print a polite message for Ll parking violators to be utilized for two weeks, and thereafter issue citations; and utilizing police cadets and/or street department employees to issue citations. Vice Mayor Hall expressed his concern that the same problems would occur as in previous instances where parking was prohibited for street sweeping, problems such as, "no parking" signs being removed; and the City receiving petitions from residents requesting that the parking prohibition be rescinded. MOTION On motion by Vice Mayor Hall, seconded by Councilman Resolution 82-7 Johnson, Resolution 82-7, being A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBIT- ING PARKING ON MONDAYS FROM 8:00 A.M. - 12:00 NOON, FOR STREET SWEEPING IN NORTH COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None HCDA Housing The Clerk presented a request from the Housing and Rehabilitation Community Development Committee (HCDC) for revisions Programs to the Housing and Community Development Act Housing Rehabilitation Programs. A memorandum from the HCD Committee dated January 25, 1982, contains a detailed report and recommendations for revisions to the Grant, Loan, and Rebate Programs. CITY MANAGER The City Manager presented a proposal from Software REPORTS Support Services, Incorporated, 21031 Ventura Boulevard, Suite 903, Woodland Hills, for data processing manage- Agreement/Software ment services, in connection with the installation of Support Services the City's new IBM 4331 computer and the conversion of computer software. The proposed one-year contract stip- ulates a monthly rate of $8,000.00, for a total of $96,000.00. MOTION On motion by Vice Mayor Hall, seconded by Councilman Approved Johnson, the contract was approved, and the Manager and 23 Councilwoman Hertzog suggested, and the Mayor agreed, that a letter of appreciation be forwarded to the HCD Committee for their excellent report. MOTION A motion was made by Councilman McFarland, seconded by Revisions Councilwoman Hertzog, approving revisions to the Hous - Approved ing Rehabilitation Programs recommended by the HCD Committee. 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 WARRANTS On motion by Councilwoman Hertzog, seconded by Council- man McFarland, Warrant Resolution 1167 was approved by Warrant the following roll call vote: Resolution 1167 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 1168 man McFarland, Warrant Resolution 1168, including Payroll 8202, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented a proposal from Software REPORTS Support Services, Incorporated, 21031 Ventura Boulevard, Suite 903, Woodland Hills, for data processing manage- Agreement/Software ment services, in connection with the installation of Support Services the City's new IBM 4331 computer and the conversion of computer software. The proposed one-year contract stip- ulates a monthly rate of $8,000.00, for a total of $96,000.00. MOTION On motion by Vice Mayor Hall, seconded by Councilman Approved Johnson, the contract was approved, and the Manager and 23 Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Mobile X-ray The City Manager presented a proposed ordinance regu- Units lating mobile x-ray units and making provisions for Property for the availability of x-ray films, and reported that Storm Drain this regulation had been inadvertently deleted from the Municipal Code several years ago. MOTION On motion by Councilman McFarland, seconded by Council - Ordinance 82-4 man Johnson, Ordinance 82-4, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGULATING MOBILE X-RAY UNITS AND MAKING PROVISIONS FOR PUBLIC HEARING THE AVAILABILITY OF X-RAY FILMS, was given first reading Condemnation of and passed to second reading by the following roll call Security Bank vote: Property on East AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, 17th Street McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 528 The City Manager recommended that a contract be awarded Cable Consultant to Ronald Dyas, CATV consultant, 7664 Woodsboro Avenue, Services Anaheim, in connection with Bid Item 528, Cable Communi- cation Consulting Services, in an amount not to exceed $35,000.00. MOTION A motion was made by Vice Mayor Hall, seconded by Coun- Awarded to cilman Johnson, to award the contract as recommended Ronald Dyas by the City Manager. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Condemnation of The City Manager recommended that a public hearing be Kendall -Ziegler set for condemnation of certain property for storm drain Property for purposes. On motion by Councilman McFarland, seconded Storm Drain by Councilwoman Hertzog, and carried 5-0, the following item was set for public hearing March 1, 1982, at 6:30 MOTION p.m., in the Council Chambers of City Hall: Resolution Hearing Set of Necessity to condemn a portion of the Kendall -Ziegler property, 20 feet by 62 feet, for right-of-way necessary for storm drain/alley project north of 17th Street. PUBLIC HEARING The Clerk announced that this was the time and place Condemnation of set for the public hearing to consider a Resolution of Security Bank Necessity to condemn the Security Pacific National Bank Property on East property, located at 153 East 17th Street, designated 17th Street Parcel No. 7, in connection with the 17th Street exten- sion. The Affidavit of Publication is on file in the Clerk's office. Certified letters were mailed to persons holding interest in subject property, as required by law. No communications have been received. The Director of Public Services reported that an agree- ment had been reached with the property owner, however, condemnation proceedings are now necessary because of a conflict between the owner and tenant. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Councilman McFarland, seconded by Resolution 82-8 Councilwoman Hertzog, to adopt Resolution 82-8, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING, AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY CONDEMNATION OF CERTAIN REAL PROPERTY DESIGNATED AS PARCEL 7 (SECURITY PACIFIC NATIONAL BANK) FOR THE 17TH STREET EXTENSION PROJECT, AND AUTHORIZING SAID CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, based on the following find- ings: (1) The public interest and necessity require the proposed project in that the project furthers the implementation of the circulation element of the General Plan; (2) The proposed project is planned in a manner that will be most compatible with the greatest good and the least private injury; (3) The property is necessary for the proposed project and the acquisition is partly for the portion of the property actually required for the connection of the easterly and westerly sections of 17th Street for the purpose of creating a continuous flow; and (4) That portion of the property which is not actually required for the extension of 17th Street is being acquired pursuant to California Code of Civil Procedure Section 1240.150, is necessary for the pro- posed project, and is acquired with the express consent of the owner. 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 ORAL Waldemar W. Schoewe, Costa Mesa, referred to his commun- COMMUNICATIONS ication addressed to the Mayor dated January 26, 1982, Schoewe Complaint and read portions of his complaints contained therein. COUNCILMANIC A motion was made by Vice Mayor -Hall, seconded by Mayor COMMENTS Schafer, to withdraw the City's membership from the Southern California Association of Governments (SCAG). MOTION - Councilwoman Hertzog stated that she was not prepared to Withdraw SCAG vote on this issue tonight and suggested that further Membership discussion be held or that this item be referred to a Study Session. Councilman McFarland agreed that further discussion be held prior to a vote. SUBSTITUTE MOTION A substitute motion was made by Councilwoman Hertzog, Held Over seconded by Councilman McFarland, referring this item to the Study Session of March 8, 1982. The motion carried 3-2, Council Members Hall and Johnson voting no. ADJOURNMENT The Mayor declared the meeting adjourned at 7:40 p.m. ayor of the City of Co a Mesa ATTEST 6�01)j� 9 GL�� City Clerk of the City df Costa sa 25