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HomeMy WebLinkAbout11/01/1982 - City CouncilROLL CALL KLGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 1, 1982 The City Council of the City of Costa Mesa, met in regular session on November 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 Mr. Chuck Simpson, Seventh Day Adventist Church. Council Members Present: Council Members Absent: Officials Present: Schafer, Hall, Hertzog, McFarland, Johnson None City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Vice Mayor Hall, seconded by Councilwoman October 4, 11, Hertzog, and carried 5-0, the minutes of the regular and 18, 1982 meeting of October 4, the,,special meeting of October 11, and the regular.meeting.of-October 18, 1982, were approved as distributed and posted. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilman.,McFarland,.a_nd carried 5-0, to read all ordi- nances by title only. Certificate On behalf of the City Council and the citizens of Costa Presented to Mesa, Mayor Schafer presented a certificate to Mr. and Morans Mrs. John Moran congratulating them on the occasion of their 60th Wedding Anniversary. 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 Claims were received by the City Clerk from the following claimants: The Hertz Company; Charles Joseph Mann III; Attorney Richard M. Hawkins on behalf of Therese Hanson and Michael Hanson; Laureen R. Geter; Clement Lombardi; Brent E. Basche; Attorney Robert B. Jenkins on behalf of Frank L. Mattox; and Ellen E. Church on behalf of Heather Church, a minor. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi - Licenses sion from: Marcial Gallardo, doing business as The Matador, 1768 Newport Boulevard; Great Ameri- can Restaurants, Incorporated, doing business at 3010 Harbor Boulevard; Clark Kennedy and David K. Masmar, doing business as Clark Kennedy Florist, 2915 Red Hill Avenue, Suite A-108; Dalan Group Enterprises, Incorporated, doing business as Lettuce Patch, 3333 Bristol Street; Chul H. and r � j 1 227 Jin J. Sohn, doing business as Chiappe's, 1025 El Camino Drive; and Trader Joe's Company, doing business at 103 East 17th Street, Suites 1, 2, 3, and 4. Alcoholic Beverage License application from Gregory B. Howell, doing business as Speak Easy, 1700 Placentia Avenue, which is being protested by the Planning Division staff because of noncon- formance to City standards.. County Courthouse Resolution from the City of Tustin supporting Restoration rehabilitation and restoration of the old County courthouse in Santa Ana by the County of Orange. Independent Judiciary Court Resolution from the City of Compton supporting an independent judiciary court, State of California. Railroad Merger Resolution from the City of Roseville opposing the merger of the Union Pacific, Western Pacific, -and Missouri Pacific railroads, now under consid- eration by the Interstate Commerce Commission. Santiago Canyon Resolution from the City of Stanton stating its Airport opposition to the Orange County Blue Ribbon Committee's recommendation to the Board of Super- visors to establish a regional airport in the Santiago Canyon on the basis that it would jeopardize public safety due to conflicts with existing and continuing flight patterns emanating from and to John Wayne Airport and the National Defense bases at E1 Toro and Tustin. Weight -Distance Resolution from the City of Stanton supporting Tax passage of a weight -distance tax in the State of California. Removal of Mobile Petition containing 24 signatures requesting Homes removal of two mobile homes placed in the rear yard of the Sandpiper Motel, 1967 Newport Boule- vard. Public Utilities Copy of a communication to the Public Utilities Commission Commission from the law offices of Bewley, ,Lassleben, and Miller, which transmitted a revision to Decision No. 82-06-090, Application No. 60670, concerning a route change for 24 -Hour Airport Express, Incorporated. Notice from Pacific Telephone Company of its application to the Public Utilities Commission to increase and reduce rates and establish new rates, and of public witness hearing. Local Agency Resolution from the Local Agency Formation Com - Formation mission approving Engineer's No. 207 Annexation Commission to the Costa Mesa Sanitary District located at the Orange County Fairgrounds. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Camp Fire Purpose has been received from Orange County Council of Camp Fire, Incorporated, 1442 Irvine Boulevard, Suite MOTION 108, Tustin, by sale of Camp Fire candy from January 14 Approved to February 28, 1983. On motion by Councilman McFar- land, seconded by Councilwoman Hertzog, and carried 5-0, the request was approved with application of Section 9-234J of the Costa Mesa Municipal Code. Agape Force Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from Agape Force, Post Office Box 386, Lindale, Texas, by solicitation of funds for the purpose of Christian counseling and missionary training from November 1, 1982, through February 28, MOTION 1983. On motion by Councilman McFarland, seconded by Approved Councilwoman Hertzog, and carried 5-09 the request was approved with application of Section 9-234J of the Costa Mesa Municipal Code. SET FOR PUBLIC On motion by Councilman McFarland, seconded by Council - HEARING woman Hertzog, and carried 5-0, the following item was ADMINISTRATIVE set for public hearing on November 153, 1982, at 6:30 ACTIONS p.m., in the Council Chambers of City Hall: GP -82-3B General Plan Amendment GP -82-3B, Costa Mesa City Tract 11812 Council, for permission to amend the General Heritage Homes Plan land use designation for properties located at 2729 through 2831 Bristol Street (odd numbers MOTION only) from Low Density Residential to Neighbor- Map Approved hood Commercial. Environmental Determination: Negative Declaration. REJECTED CLAIMS approve subject map pursuant to the provisions of On motion by Councilman McFarland, seconded by Council- Elshefy woman Hertzog, and carried 5-0, the claim of Samiha Elshefy was rejected. On motion by Councilman McFarland, seconded by Council - Thompson woman Hertzog, and carried 5-0, the. claim of Dorothy F. Thompson was rejected. On motion by Councilman McFarland, seconded by Council - Kelly woman Hertzog, and carried 5-0, the claim of Jean Kelly was rejected. On motion by Councilman McFarland, seconded by Council - Womack woman Hertzog, and carried 5-0, the claim of Jerry Womack was rejected. On motion by Councilman McFarland, seconded by Council - McKenzie woman Hertzog, and carried 5-0, the claim of Eugene McKenzie was rejected. On motion by Councilman McFarland, seconded by Council - Hall woman Hertzog, and carried 5-0, the claim of Bertha Hall was rejected. On motion by Councilman McFarland, seconded by Council - Le Clerc woman Hertzog, and carried 5-0, the claim of Anne Marie Le Clerc was rejected. On motion by Councilman McFarland, seconded by Council - Smith woman Hertzog, and carried 5-0, the claim of Martin E. Smith was rejected. ADMINISTRATIVE ACTIONS The Final Map was presented for Tract 11812, Heritage Homes, Incorporated, 17961 Cowan Street, Irvine, eight Tract 11812 lots and Lot "A", 1.14 acres, located at 273 and 277 Heritage Homes Monte Vista Avenue. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the map was approved; MOTION the Council did accept on behalf of the public the Map Approved dedication of a 20 -foot easement for emergency and public security ingress/egress, as dedicated; did also approve subject map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign subject 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 Change Orders 23 The Director of Public Services has recommended approval and 24 - McGrew of Change Orders No. 23 and No. 24, in the amounts of Contruction $17,636.39 and $21,066.23, relating to the contract with r McGrew Construction Company, Incorporated, Post Office Assessment Box 6540, Anaheim, for construction of Assessment Dis- District No. 80-1 trict No. 80-1, Sunflower/MacArthur Industrial Area. Change Order No. 23 is for additional items not covered MOTION in the original contract and performed upon request. Change Orders Change Order No. 24 is overrun and underrun of original Approved contract items. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the change orders were 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 Completion Construction of Assessment District No. 80-1, Sunflower/ McGrew Construction MacArthur Industrial Area, has been completed to the satisfaction of the Director of Public Services by Assessment District McGrew Construction Company, Incorporated, Post Office No. 80-1 Box 6540, Anaheim. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the following action MOTION was taken: the work was accepted; authorization was Work Accepted given for immediate release of retention money in the amount of $93,961.33; the Clerk was authorized to file a Notice of Completion; the Performance Bond was ordered exonerated 35 days after the Notice of Completion has been filed; the Labor and Material Bond was ordered exonerated 7 months after the Notice of Completion has been filed; and the balance of the contract retention money was authorized to be released 35 days after the Notice of Completion has been filed. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreements - Four appraisal services agreements were presented with MacMillin; Byer; the following appraisers: MacMillin and Associates, Donahue; and 1182 Southeast Bristol Street, Suite 201, Santa Ana; Wolfe Mark Hasker Byer, 5100 Birch Street, Newport Beach; John C. Donahue, 838 North Van Ness Avenue, Santa Ana; Appraisal Services and C. Edward Wolfe, 1718 Tradewinds Lane, Newport Beach. The cost of services will be submitted by each MOTION appraiser before authorization of assignments. On Agreements motion by Councilman McFarland, seconded by Councilwoman Approved Hertzog, the agreements were 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 NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement - The Leisure Services Director has recommended approval Reynolds of an agreement with Reynolds Environmental Group, 4320 Campus Drive, Newport Beach, for landscape architectural Canyon Park services for Canyon Park Phase II. The agreement stip- Phase II ulates an amount not to exceed $29,750.00. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, MOTION the agreement was approved, and the Mayor and Clerk were Agreement authorized to sign on behalf of the City, by the follow - Approved ing roll call vote: .AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 553 Bids received for Bid Item No. 553, Service Monitor Service - Monitor Signal Generator, are on file in the Clerk's office. On Signal Generator motion by Councilman McFarland, seconded by Councilwoman Hertzog, the contract was awarded to Eaton Corporation, 5340 Alla Road, Los Angeles, in the amount of $9,032.26, MOTION being the lowest bid meeting specifications. The motion Awarded to carried by the following roll call vote: Eaton AYES: COUNCIL MEMBERS: Schafer, Ha11,.Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:, None Bid Item 565 Bids received for Bid Item 565, Two Pickup Trucks, are Two Pickup Trucks on file in the Clerk's office. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the con - MOTION tract was awarded to GMC Truck and Coach, Incorporated, Awarded to 6901 South Alameda Street, Los Angeles, in the amount of GMC Truck $13,792.00 plus tax, 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 Bid Item 566 Bids received for Bid Item 566, One Dump Truck, are on One Dump Truck file in the Clerk's office. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the con - MOTION tract was awarded to Theodore Robins Ford, 2060 Harbor Awarded to Boulevard, Costa Mesa, in the amount of $22,184.00, Theodore Robins being the lowest bid meeting specifications. The motion Ford carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference On motion by Councilman McFarland, seconded by Council - Advances woman Hertzog, a Conference Advance, in the amount of $418.00, for a Police Officer to attend Officer Safety and Field Tactics for Trainers in San Luis Obispo, MOTION November 29 through December 3, 1982, was approved by Approved the following roll call vote: _ AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilman McFarland, seconded by Council - Approved woman Hertzog, a Conference Advance, in the amount of $300.00, for a Police Officer to attend Officer Survival Course in San Luis Obispo, December 6 through December 10, 1982, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilman McFarland, seconded by Council - Approved woman Hertzog, a Conference Advance, in the amount of $435.00, for a Police Officer to attend Officer Survival Course in San Luis Obispo, December 5 through December 10, 1982, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson .NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None BUSINESS PERMITS A request for a permit allowing public dancing and live entertainment has been received from Sargenti's, 843 Sargenti's West 19th Street, Costa Mesa. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried MOTION 5-0, the request was approved subject to one condition Approved recommended by staff. MUM Da'Kine A request for renewal of a permit allowing public dancing and live entertainment has been received from Da'Kine Cocktail Lounge, 2901 Harbor Boulevard, Costa MOTION Mesa. On motion by Councilman McFarland, seconded by Permit Approved Councilwoman.Hertzog, and carried 5-0, the request was approved subject to one condition recommended by staff. Bohorquez A request for a permit allowing a Spanish fiesta and "bloodless" bullfight exhibition has been received from Ruben Bohorquez, 16262 East Whittier Boulevard, Whittier. The Old California Spanish Fiesta Days are MOTION to be held at the Orange County Fairgrounds November 13 Permit Approved and 14, 1982. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried 5-0, the permit was approved subject to the condition that the applicant's insurance certificate is approved by the OLD BUSINESS City Attorney prior to the event. On motion by Vice Mayor Hall, seconded by Councilman Flood Hazard Area Johnson, Ordinance 82-15, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING MOTION ARTICLE 17-1/2, TITLE 13 OF THE.COSTA MESA MUNICIPAL Ordinance 82-15 CODE, TO INCORPORATE CONSTRUCTION STANDARDS FOR MOBILE Adopted HOMES AND MOBILE HOME PARKS AND SUBDIVISIONS LOCATED IN THE FLOOD HAZARD AREA, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ZE-82-37 The Clerk- presented from the meeting of August 2, 1982, Fleisher/Pedicini Zone Exception ZE-82-37, Sid Fleisher and Zach Pedicini, 102 Scholz Plaza, Suite 132, Newport Beach, for modifi- cation of the condition requiring that the appurtenant structure now supporting the sign be removed and that the sign be lowered to 16 feet, located at 2574 Newport Boulevard in a C1 -CP zone. Environmental Determination: Exempt. The Development Services Director reported that since the applicants have removed the appurtenant support structure to the satisfaction of the Planning Division and have lowered the sign to 16 feet, staff has recom- mended that the appeal be withdrawn. The Director also pointed out that some of the original conditions have not yet.been met and staff has suggested that the applicant be directed to satisfy the following conditions within 30 days of Council action: (1) A Land Use Restriction shall be signed and recorded to guar- antee removal of the nonconforming sign by April 18, 1984; (2) A cashier's check for removal of the sign shall be submitted to the Planning Division. This condition shall be completed to the satisfaction of the Planning Division.. Also, a condition of approval for Development Review DR -81 -20, -regarding landscaping in the front setback of the subject property in conjunction with the construction of a new commercial building at the rear of the property, has not been satisfied. Staff has suggested that Council direct the applicant to complete this condition within the same 30 -day time period. MOTION A motion was made by Vice Mayor Hall, seconded by Appeal Withdrawn Councilwoman Hertzog, to withdraw the appeal since and Conditions to those conditions have been met; and at the suggestion be Satisfied of Councilman McFarland the motion was amended by Vice within 30 Days Mayor Hall, seconded by Councilwoman Hertzog, to also include notification to the applicant that the previ- ously -mentioned conditions must be met within 30 days. The amended motion carried 5-0. ZE-81-132A2 The Clerk presented Zone Exception ZE-81-132A2, Associ-. South Coast ates in Architecture and Design, Limited, authorized Plaza agent for South Coast Plaza, 3315 Fairview Road, Costa Mesa, for an amendment to the Final Development Plan for a new restaurant now under construction, including a Conditional Use Permit for outdoor seating, and a variance from setback and landscaping requirements on Bristol Street, for property located at 3300 Bristol Street in a TC zone. Environmental Determination: Environmental Impact Report accepted for the Town Center. The Development Services Director referred to staff's memorandum dated October 27, 1982, and reported that the applicant is requesting permission to add an out- door dining patio containing 1,192 square feet (Patio "A") and to enlarge a previously -approved patio from 672 to 870 square feet (Patio "B"). The Planning Commission recommended approval subject to conditions and based on findings contained in the above - referenced memorandum. The Planning staff recommended denial because of reduction of available parking. Carl Schaffer, representative from Associates in Archi- tecture and Design, was present to answer questions from the Council and spoke in support of the request. Mr. Schaffer expressed his opinion that because the restaurants are located in the Town Center, that a greater number of pedestrians would be utilizing the restaurants and therefore a reduction of parking spaces would not create a problem. David Udkow, also representing the applicant, answered questions from the Council regarding seating capacity, stating that seating capacity could be reduced but that it was applicant's desire for approval of the request as submitted. Mr. Udkow pointed out that approval was granted for one year and that parking conditions would be reviewed at that time. During discussion, the Development Services Director reported that the City Code does not specifically address outdoor seating, however, the Planning staff usually uses the same Code standards governing indoor capacity. MOTION Vice Mayor Hall stated he was willing to go along with Approve Permit a trial period and thereafter made a motion, seconded by Councilman Johnson, to approve ZE-81-131A2 based on the findings of the Planning Commission and subject to conditions contained in the Staff Report. Councilman McFarland expressed his opposition to the motion and stated his preference to approve expansion of Patio "B". After evaluation, if no parking problem exists, then applicant should apply for construction of proposed Patio "A". Mayor Schafer expressed concern with the reduction of parking spaces requested by the applicant. Vice Mayor Hall suggested that Council approve construc- tion of Patio "A" and expansion of Patio "B" with the condition that Patio "A" not be utilized until after a survey is made to determine if there is adequate parking to accommodate additional seating capacity. Councilman McFarland indicated that he would support the motion if so amended. Original Motion Vice Mayor Hall stated he preferred to make a new motion Withdrawn and thereafter withdrew his original motion. 1 MOTION Vice Mayor Hall made a motion to approve the plans as Request Approved submitted, that the applicant be permitted to utilize with Condition Patio "B", but that Patio "A" would not be used until Added after a parking survey had been completed, and subject to conditions contained in the Staff Report. The motion was seconded by Councilman Johnson, and carried 5-0. Assessment The Clerk presented Assessment District No. 82-1, Palace District 82-1 and Sterling, and Rezone Petition R-81-04. and R-81-04 The Development Services Director referred to his memor- andum dated September 22, 1982, concerning Assessment District 82-1, Palace and Sterling. At the September 20 meeting, Council acted to delete that portion of Palace north of 20th Street from the Assessment District, resulting in the denial of requests for higher density zoning, R3 or R4, for properties abutting this portion of Palace. At their meeting of May 18, 1981, Council approved Zone Exception ZE-81-61 and Tentative Map for Tract 11467, for construction of a 16 -unit condominium project at 2019-2025 Wallace Avenue. On June 1, 1981, an ordinance was adopted approving Rezone Petition R-81-04 for per- mission to rezone the above property from R2 to R3. Since the one-year approval period for the Zone Excep- tion has expired, and since the developer has not obtained building permits or recorded the Final Tract Map, staff has recommended that the two parcels involved in this project be returned to the original R2 zoning. This action would be consistent with the Council's decision of September 20, 1982, and would be consistent with the intent of Specific Plan -SP -79-01. MOTION A motion was made by Councilman McFarland, seconded by Initiate R2 Vice Mayor Hall, and carried 5-0, authorizing staff to Rezone initiate a rezone to return the subject property to the original.R2 zoning. Entertainment The Clerk presented a request for renewal of an enter - Permit for The tainment permit from The Concert Factory, 1714 Placentia Concert Factory Avenue, Costa Mesa. Joseph Yukech, owner.of the above business, stated that he had completed all but one condition required by the Building/Safety Division. The Development Services Director reported that the site had been inspected earlier in the day and the following problems have not been resolved: (1) Drywall in cooler box for rated wall - has not yet called for inspection, and it is now covered with plywood. Must be uncovered for inspection. (2) Mechanical or electrical contractor must obtain permit for electric motors on ventilation units (2)• (3) Carpet has been removed and new carpet is to be installed with a Certificate of Flame Spread submitted to the City. (4) Parapet wall is not constructed as required for one-hour rating and has been covered without drywall inspection. Staff has recommended that the permit be approved for 90 days, expiring February 1, 1983, subject to the follow- ing conditions: 234L (i) Applicant shall provide a minimum of two private security guards to patrol the parking lot and adjacent areas. Guards shall be on duty contin- uously from 1/2 hour before opening until all patrons have vacated the area after closing. (2) The management shall advise patrons that alco- holic beverages may not be consumed outside the building or in vehicles. The management shall prohibit patrons from removing beverage con- tainers from the building. (3) All signs shall comply with the provisions of the Sign Ordinance. Permits shall be obtained for all signs, including temporary banners. No signs or posters may be placed off-site or in the public right-of-way. (4) The establishment, maintenance, or operation of the subject use shall not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the City. (5) The management and security guards shall ensure that all driveways remain unobstructed and that full vehicular access be maintained at all times. Gil Knudson, 3269 Minnesota Avenue, Costa Mesa, one of the owners of property at 774-778 West 17th Street, stated that his parking lot is to the rear of The Con- cert Factory and that graffiti has been painted on the wall of his building and bottles have been thrown onto his property from the subject establishment. Bill Modic, 1728 Placentia Avenue, also expressed oppo- sition to'the permit, stating that the same problems are arising that were prevalent when the establishment was known as the Cuckoo's Nest. He specifically mentioned graffiti painted on walls, consumption of alcoholic beverages outside the subject building, and the use of drugs on the premises. He urged the Council to deny the permit Doris Pallardy, representing Mrs. Smalley, owner of property at 769-791 Newton Way, spoke in opposition to the request. She stated that beginning in September, bottles have been thrown from the premises of The Concert Factory upon the roof of the Smalley industrial building, through windows, and into the parking lot. John Zubietta, owner of The Concert Factory property, suggested that a short-term permit be approved. He reported that problems do exist with graffiti and with bottles being thrown onto neighboring properties. Nancy Hutchinson, part owner of property located at 774-778 West 17th Street, confirmed Mr. Knudson's earlier statements regarding the problems being caused by patrons of The Concert Factory. Joseph Yukech responded that he picked up the bottles after he received complaints from the tenants at 769-791 Newton Way. He also reported that the wall containing the graffiti was painted today. In response to a ques- tion from Councilman McFarland, Mr. Yukech stated that he has a total of five guards for The Concert Factory. MOTION After brief discussion, Vice Mayor Hall made a motion Permit Approved approving the permit for 90 days subject to all condi- for 90 Days tions recommended by staff; ordering that the four 235 improvements required by the Building/Safety Division be completed within 30 days; and with the stipulation that if problems still exist that the permit be can- celled prior to the 90 -day period. The motion was seconded by Councilman Johnson, and carried 4-1, Mayor Schafer voting no. WARRANTS On motion by Councilman McFarland, seconded by Vice Mayor Hall, Warrant Resolution 1193, including Payroll MOTION 8221, was approved by the following roll call vote: Warrant 1193 AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Approved McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilman McFarland, seconded by Vice MOTION Mayor'Hall, Warrant Resolution 1194, including Payroll Warrant 1194 8222, was approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilman McFarland, seconded by Council - MOTION woman Hertzog, Warrant Resolution 1195 was approved by Warrant 1195 the following roll call vote: Approved AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented the proposed salary increases REPORTS for technical and maintenance units which are repre- sented by the Costa Mesa City Employees' Association. Salary Increases The City Manager reported that the City and the Associa- for Technical tion were unable to reach agreement through the meet and and Maintenance confer process and recommended that Council take uni- t Employees lateral action and adopt the salary resolution. The salary resolution provides for increases ranging from 0 to 10 percent. In addition to the salary increases, the City Manager requested authorization to increase the City's contribution toward employees' medical cost by $10.00 per month per employee. Also, the City will be making the self-funded dental plan available to all employees and requested that authori- zation be given to contribute $10.00 per month per employee during the three-mointh transition period to defray the cost in converting from the clinic plan to the self-funded plan. Attorney James Harker, 695 Town Center Drive, Costa Mesa, representing the Costa Mesa Employees Association, expressed opposition to the proposed salary increases, stating that the City's proposal was not adequate when considering that the employees have provided great productivity to the taxpayers and that the public sector is not depressed. He also expressed the opinion that a large gap exists between salaries of safety and non - safety employees and suggested that Council not adopt the proposed salary increases so that further negotia- tions can take place. Vice Mayor Hall expressed appreciation for Mr. Harker's comments and stated that the problem could not be resolved this evening. MOTION Resolution 82-78 On motion by Vice Mayor Hall, seconded by Councilman Adopted McFarland, Resolution 82-78, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING THE BASIC PAY SCHEDULE, ESTABLISHING THE RATES OF PAY FOR CLASSIFICATIONS 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 Salary Increases The City Manager presented proposed salary increases for for Mid -Management mid -management personnel ranging from 5 to 8.75 percent. Personnel On motion by Vice Mayor Hall, seconded by Councilman Johnson, Resolution 82-79, being A RESOLUTION OF THE MOTION CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING RESOLU- Resolution 82-79 TION 81-81 ESTABLISHING RATES OF PAY FOR EXECUTIVE Adopted 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 Reclassification The City Manager reported that after a study by the of Two Positions Personnel Department of the Leisure Services Department, it was found that a need existed to reclassify the present part-time General Aide II positions to full-time Intermediate Clerk/Typists. The two positions being reclassified are in the Neighborhood Community Center and Rea Community Center. MOTION On motion by Vice Mayor.Hall, seconded by Councilman Reclassification Johnson, authorization was given to add two full-time Approved Intermediate Clerk/Typist positions to the Recreation Division of the Leisure Services Department, and an adjustment to the 1982-83 City Budget was authorized to reflect the changes. 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 HEARINGS The Clerk announced the public hearings, continued from the meeting of October 4, 1982, for California Pacific Montgomery Ward Properties Corporation, 3401 West Sunflower Avenue, Suite 250, Santa Ana, authorized agent for Montgomery Ward Development Corporation, One Montgomery Plaza, 23-S, Chicago, Illinois, for property located at 3088 Bristol Street: M0, Environmental Impact Report; SP -82-01A Specific Plan SP -82-01A, to amend the building height, setback, and floor area ratio provisions, and to allow an exception to the maximum floor area ratio of Specific Plan SP -82-01; R-82-10 Rezone Petition R-82-10, for permission to rezone property from Cl to PDC; and ZE-82-132 Zone Exception ZE-82-132, for approval of a Planned Development Review of a hotel/office complex, with variances from landscaped setback and parking requirements. MOTION On motion by Councilman McFarland, seconded by Vice Held Over Mayor Hall, and carried 5-0, these items were continued to November 15, 1982, as requested by the applicant. PUBLIC HEARING The Clerk announced that this was the time and place Condemnation of set for the public hearing to consider a Resolution of Peterman Property Necessity to condemn a portion of the Peterman property at 132 East 19th Street, designated Parcel No. 28, 19th Street measuring 6 feet by 50 feet, for the 19th Street widen - Widening Project ing project. The Affidavit of Publication is on file r r A27, in the Clerk' -s office. The property owner was notified of the public hearing as required by law. MOTION On motion by Vice Mayor Hall, seconded by Councilman Held Over Johnson, and carried 5-0, this item was.continued to December 6, 1982. RECESS The Mayor declared a recess at 8:20 p.m., and the meet- ing reconvened at 8:35 p.m. PUBLIC HEARING The Clerk announced that this was the time and place set for the public hearing to consider Specific Plan SP -78-02A SP -78-02A, amending Specific Plan SP -78-02 and Imple- mentation Pian to consider alternative alignments for Randolph Avenue between Baker Street and Paularino Avenue. Environmental Determination: Negative Declaration adopted for Specific Plan SP -78-02. The Affidavit of Publication is on file in the Clerk's office. A petition containing 514 signatures has been received, requesting Council to implement a cul-de-sac on Paula- rino Avenue immediately west of the Yellowstone Drive intersection. Mike Robinson of the Planning staff stated that at the Planning Commission public hearing, a great deal of citizen input was received regarding excessive traffic on Paularino Avenue, and the petition submitted to the Clerk also addresses that subject. He reminded Council that.their directive to the staff was to submit alterna- tives for alignment of Randolph Avenue between Baker Street and Paularino Avenue, Mr. Robinson also reported that the Paularino Avenue traffic problem is now being studied by the Traffic Commission and recommended that no action.be taken until that study has been completed. Greg Shaffer of the Planning staff summarized the back- ground of the Specific Plan as detailed in the Staff Report. Three options have been proposed for consider- ,ation.- Option I consists of retaining the adopted alignment of Randolph Avenue. A cul-de-sac terminating at the western knuckle in Randolph Avenue is presented as Option II. As with Option I, Option III calls for a through street except that the northerly leg of the street would.be narrower. Bob Kelly, 3132 Trinity Drive, spoke in support of the petition,that was presented on behalf of the Mesa North homeowners and urged that Council consider cul-de-sacs for both Randolph and Paularino Avenues. Marian Thatcher, 3092 Platte Drive, who was responsible for circulation of the petition, gave statistics on the number of streets and residences surveyed and submitted the information to the Clerk. Elsie May Deeter, 3067 Yellowstone Drive, reported that she had recently done a survey of the traffic on Paula- rino Avenue and that between the hours of 5:30 a.m. and 6:00 p.m., 538 vehicles were counted. Ms. Deeter also reported that she surveyed traffic today and that between the hours of 7:30 a.m. and 10:40 a.m., 483 vehicles were counted. Ms. Deeter expressed her opinion that the value.of her property has been reduced because of the pollution caused by excessive traffic. Harry Wong, 3112 Yellowstone Drive, voiced his objection to the extension.of Randolph Avenue and urged Council to approve a cul-de-sac for Paularino Avenue. Bob Lindquist, 3107 Platte Drive, stated that a great deal of traffic on Paularino Avenue is generated by vehicles going to and coming from the airport, the air- port industrial complex, and South Coast Plaza. Mr. Lindquist further commented that the traffic is becoming intolerable and the problem will increase with develop- ment of the Montgomery Ward, Arnel, and Performing Arts properties. He suggested that the only solution was to cul-de-sac both Randolph and Paularino Avenues. Anita Watson, 905 Tanana Place, representing parents and staff of Bear Street School, expressed opposition to the proposed Randolph Avenue extension and supported the petition for a Paularino,Avenue cul-de-sac. Sid Soffer, 900 Arbor Street, spoke in support of the Paularino Avenue cul-de-sac and opposed the Randolph Avenue extension. Jean Park, 789 Paularino Avenue, owner of a pre-school at 795 Paularino Avenue, stated that because of the traffic, Paularino Avenue was unsafe and that the traffic would continue to increase in view of the pro- posed developments for the area. Mrs. Park asked that the proposed extension -of Randolph Avenue be abandoned= and requested that Council listen to the people instead of developers. Don Montgomery, 801 Paularino Avenue, stated that he agreed with those who had already spoken supporting the Paularino Avenue cul-de-sac and opposing the Randolph Avenue extension. Mr. Montgomery reiterated his concern with traffic safety in the area. He also reported that if Randolph Avenue is extended, he will lose 25 feet along the rear frontage and 50 feet along the westerly end of his property, for a total of 23,000 square feet, or 28.5 percent. He further stated that because he is bound on three sides by major City streets, he will be required to provide additional setbacks and would lose 60 percent of his property. Mr. Montgomery expressed his opinion that because of the abnormal dedication requirement, the value of his property has decreased. He stated that because of dedications required by the City, he has not been able to sell the property although he had 300 responses from possible buyers, and that this constitutes inverse condemnation. In closing, Mr. Montgomery urged the Council to approve,cul-de-sacs for both Randolph and Paularino Avenues. Thomas Fox, 3093 Roanoke Lane, stated that he had not signed the petition when it was circulated because he was not aware of the proposed plan. He commented that now that he is more familiar with the petition, he would like to add his name to it because he supports a cul-de-sac for Paularino. Mr. Fox requested that Council listen to the people and grant their request. Bob Kelly again spoke and urged the Council to abandon the Randolph Avenue extension and construct a cul-de- sac on Paularino Avenue. Nicholas DiPietrantonio, 13651 Olympic Avenue, informed Council that he owns property at 811 Paularino Avenue and he had no more to add to what has already been said. He stated that he wished to express thanks to Council Members and staff who have gone to the area to view the problem. Henry Wong, 3082 Roanoke Lane, expressed his concern for safety of children on Paularino Avenue and urged Council to approve a cul-de-sac for that street. 71 There being no other speakers, the Mayor closed the public hearing. MOTION Vice Mayor Hall commented that the extension of Randolph Adopt Avenue must be discussed first and thereafter made a Resolution 82-80 motion, seconded by Councilwoman Hertzog, to adopt Reso- lution 82-80, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING SPECIFIC PLAN SP -78-02A, WHICH AMENDS SPECIFIC PLAN SP -78-02 FOR ALIGNMENT OF RANDOLPH AVENUE, approving Option II for construction of a cul-de-sac terminating at the westerly knuckle in Randolph Avenue. Councilman`McFarland expressed his appreciation for the concerns of the citizens. He stated his opinion that the immediate concern is not the Randolph Avenue exten- sion. Councilman McFarland commented that he felt that a decision for the Randolph Avenue extension should be withheld until a study is done on the impact to sur- rounding City streets if a cul-de=sac is approved for Paularino Avenue.' Council Members Hall and Hertzog expressed disagreement with Councilman McFarland's suggestion to withhold a decision for Randolph Avenue until a later date. MOTION CARRIED Mayor Schafer called for a,vote, and the motion to adopt Resolution 82-80, approving Option II, carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: McFarland ABSENT: COUNCIL MEMBERS: None Councilwoman Hertzog stated that she favored a temporary cul-de-sac for Paularino Avenue even though she was aware that it would impact the Environmental Impact MOTION Reports. Councilwoman Hertzog made a motion to direct Authorize Paularino the Traffic Engineer to initiate a study to temporarily Cul-de-sac,Study cul-de-sac Paularino Avenue west of Yellowstone Drive. SUBSTITUTE MOTION Vice Mayor Hall voiced his concern with a temporary Authorize. Traffic cul-de-sac and made a substitute motion directing the Study Relating to City Manager to initiate a comprehensive traffic study Paularino Avenue for potential elimination of through traffic on Paula- rino Avenue, and if, in that traffic study, it is determined that the City can practically cul-de-sac Paularino Avenue, then at that time a public hearing will be held. The motion was seconded by Mayor.Schafer. Brief discussion followed concerning the time required for the study and the cost and thereafter the Mayor called for a vote. The substitute motion carried 5-0. Mike Robinson of the Planning staff reminded Council that action must be taken on the Implementation Plan as outlined on Page 4, Paragraphs 2 and 3, of the Staff Report. MOTION A motion was made by Councilman McFarland to amend the Implementation Implementation Plan for SP -78-02A by deleting the offer Plan Amended for R3 zoning. The motion was seconded by Councilwoman Hertzog, and carried 3-2, Council Members Schafer and Hall voting no. MOTION On motion by Vice Mayor Hall, seconded by Mayor Schafer, Initiate Amendment staff was directed'to initiate an amendment to the to Precise Plan Precise Plan for Randolph Avenue. The motion carried for Randolph Avenue 4-1, Councilman McFarland voting no. During further discussion, Council agreed that they would not take action at,this time regarding street improvements in exchange for dedication. Gni PUBLIC HEARING The Clerk announced the public hearing for the appeal of the Planning Commission's decision for Zone Excep- - Appeal of ZE-82-139 tion ZE-82-139, from Jorge D. Alvarez, authorized agent Alvarez/American for American Principals Corporation, 2486 Hotel Circle Principals Place, San Diego, for a Conditional Use Permit to con- struct a 133 -unit motel, including a manager's unit, located at 2751-2755 Bristol Street in a CL zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. A letter dated October 25, 1982, was received from the authorized agent, Jorge D. Alvarez, requesting that the appeal be withdrawn, however, earlier in the day a communication dated October 27, 1982, was received by the City Clerk from American Principals Corporation requesting reinstatement of the appeal. MOTION On mot ion by Vice Mayor Hall, seconded by Councilman Held Over McFarland, and carried 5-0, this item was continued to December 6, 1982. PUBLIC HEARING The Clerk announced the public hearing for the appeal Appeal of ZE-82-142 of the Planning Commission's decision for Zone Exception Navai/Frey ZE-82-142 from Mike Navai,.authorized agent for Flora M. Frey, 129 Capital Hill Drive, Paso Robles, for a Conditional Use Permit for an auto rental business including outdoor storage of vehicles and a variance from parking requirements at 400 East 17th Street, in a C2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. The applicant, who was present earlier in the evening, was not in the chambers at this time. MOTION On motion by Vice Mayor Hall, seconded by Councilman Held Over McFarland, and carried 5-0, this item was continued to December 6, 1982. NEW BUSINESS The Clerk presented Zone Exception ZE-82-136, Frank Italiane and Jayme Mekis, authorized agents for Betty ZE-82-136 and Boyvey, 1139 West Balboa Boulevard, Balboa, for Condi- EP-82-11 tional Use Permits for a greenhouse and for off-site Italiane/Mekis parking; and variances from setback, parking, and land- scape requirements, for property located at 214 West Wilson Street in a Cl zone. Environmental Determin- ation: Exempt. The Clerk also presented Encroachment Permit EP -82-11, to allow parking and landscaping in the public right-of-way. In connection with,the zone exception, staff recommended deletion of Condition No. 23, regarding dedication, and also recommended withdrawal of the encroachment permit. The applicant was present, however, there were no ques- tions from the Council. MOTION On motion by Vice Mayor Hall, seconded by Councilman ZE-82-36 Approved Johnson, and carried 5-0, Zone Exception ZE-82-36 was and EP -82-11 approved subject to all conditions contained in the Withdrawn Staff Report with the exception of Condition No. 23 which was deleted; and Encroachment Permit EP -82-11 was withdrawn. Building Plan The Clerk presented a proposed resolution and agreement, Review Program the agreement being Exhibit "A" of the resolution, for an Accelerated Building Plan Review Program. This program provides a flexible tool for both developers and City staff to expedite building plan reviews. Staff has recommended modification to Paragraph 3, Page 1, of the agreement by adding the following wording: "WHEREAS, ENGINEER represents that he is duly licensed by the State of California and that he shall meet all minimum qualifications and responsibilities required by the City as hereinafter stated; and". MOTION On motion by Vice Mayor Hall, seconded by Councilman Resolution 82-81 McFarland, Resolution 82-81, being A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING AN ACCELERATED BUILDING PLAN REVIEW PROCEDURE AND AGREEMENT, including modification to the agreement as stated above. 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 COMMUNICATIONS Andrew Whitney, 1630-A Iowa Street, Costa Mesa, voiced his opinion that energy was being wasted because lights Whitney at various City parks were being utilized unnecessarily. Mr. Whitney also expressed his concern with the problem of animal defecation on public streets. Soffer Sid Soffer, 900 Arbor Street, Costa Mesa, spoke on the following subjects: objected to a portion of Council's action for SP -78-02A regarding zoning and a traffic study; requested definition of "alley" and "street"; expressed his disagreement with the City's method of notification of public hearings; questioned the rejection of claims against the City which were acted upon earlier in the evening; and.suggested that require- ments for land dedication should be challenged in court by the citizens. ADJOURNMENT At 10:40 p.m., the Mayor adjourned the meeting to a closed session on November 8, 1982, at 1:00 p.m., in the fifth floor Conference Room of City Hall, for the purpose of discussing personnel matters. Mayor of the City of Cos a Mesa ATTEST:- - ty Clerk -,of -the -City -of Costa sa X41