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HomeMy WebLinkAbout06/06/1983 - City Council2', REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 6, 1983 The City Council of the City of Costa Mesa, met in regular session on June 6, 1983, 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 the Reverend Conrad Nordquist, St. John the Divine Episcopal Church. ROLL CALL Council Members Present: Hall, Johnson, Hertzog, McFarland, Schafer Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Councilwoman Schafer, seconded by Council- ' May 16, 1983 man McFarland, and carried 5-0, the minutes of the regular meeting of May 16, 1983, were approved as distributed and posted. ORDINANCES A motion was made by Vice Mayor Johnson, seconded by Councilwoman Hertzog, and carried 5-0, to read all ordinances by title only. PROCLAMATION Mayor Hall read a proclamation declaring the month of City's 30th June,_1983, as "City of Costa Mesa Month" in commemora- Anniversary tion of the City's 30th Anniversary on June 29. The Mayor introduced former Mayor Bob Wilson, who was involved with the.City's incorporation in 1953, and also introduced former Mayor Alvin Pinkley, who was a member of the first City Council. Mayor Hall announced that a luncheon is scheduled on June 29 at the Costa Mesa Golf and Country Club to celebrate the City's anniversary. Bob Wilson commented regarding his expectations at the time -incorporation was being considered. Mr. Pinkley stated that the City has been blessed with a fine Council and City staff. Councilwoman Hertzog, the City's first female Council Member, spoke about her first Council meeting and the help and encouragement she.received from Mr. Pinkley and the other Council Members. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 6, Refund to Robert Hardesty for com- pletion of improvements; Items 7 (a) through 7 (j), Rejected claims; Item 8, Appropriations limit for 1983- 1984; Item 9, Write off of stale -dated checks; Item 11 (a), Bid Item 586, Custom Pruning of Trees; Item 11 (b), Construction of Wimbledon Park; Item 12, Bid Item 583, Consulting Services for Systems Programming Support; and Item 16, Setting fees for adult entertain- ment businesses. On motion by Councilwoman Schafer, seconded by Council- man McFarland, the remaining Consent Calendar items were Records Destruction On motion by Councilwoman Schafer, seconded by Council - for City Clerk man McFarland, Resolution 83-48, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK'S Resolution 83-48 OFFICE OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE Adopted NO. 75-60, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Councilwoman Schafer, seconded by Council- man McFarland, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims have been received by the City Clerk from the following persons: Attorney Betty McMullen on behalf of Ruth Martin, Doris I. Grimes, Wil- liam N. Krebbs, Claire L. Connors, Roberta C. Fitzgerald, Sarah K. Chun, Percy N. Chun, Robin Lee Babcock, Ruth U. Marshall, William R. Smith, Ernest Lucero, and Patricia L. Daniels; Attorney John Cogorno on behalf of Pat Baldwin also known as Shereen La Mar; Attorney Allen Wallace on behalf of Marshall Duffield, Jr.; Daniel 0. Tubbs, Sr.; and Darrell and Margaret Vincent. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Philip L. Blurton and Alan R. Greeley, doing business as The Golden Truffle, 1767 Newport Boulevard; Stephen L. Craig, doing business as Mesa Village Liquor, 1011 E1 Camino Drive; and Dikran Armenak Baloglu and Ard Mark Keuilian, doing business as Harbor/Fair Exxon Corner Market, 2502 Harbor Boulevard. Flood on Communication from Harry Wong, 3112 Yellowstone March 1, 1983 Drive, Costa Mesa, regarding the flooding that occurred in the vicinity of Trinity and Yellow- stone Drives during the March 1, 1983, storm. Local Agency Resolution from the Local Agency Formation Formation Commission approving Engineer's No. 209 Annexa - Commission tion to the Costa Mesa Sanitary District for property located within Canyon Park. SET FOR PUBLIC HEARING On -motion by Councilwoman Schafer, seconded by Council- man McFarland, Resolution 83-49, being A RESOLUTION OF Landscaping THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Assessment DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS District No. 1 DURING FISCAL YEAR 1983-1984 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER 1, for property approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Councilwoman Schafer, seconded by Council- man McFarland, Resolution 83-47, being A RESOLUTION OF Records Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, for Revenue Division AUTHORIZING RECORDS DESTRUCTION FOR THE REVENUE DIVISION OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. MOTION, 75-60, was adopted by the following roll call vote: Resolution 83-47 AYES: COUNCIL MEMBERS,: Hall, Johnson, Hertzog, Adopted McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Records Destruction On motion by Councilwoman Schafer, seconded by Council - for City Clerk man McFarland, Resolution 83-48, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK'S Resolution 83-48 OFFICE OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE Adopted NO. 75-60, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Councilwoman Schafer, seconded by Council- man McFarland, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims have been received by the City Clerk from the following persons: Attorney Betty McMullen on behalf of Ruth Martin, Doris I. Grimes, Wil- liam N. Krebbs, Claire L. Connors, Roberta C. Fitzgerald, Sarah K. Chun, Percy N. Chun, Robin Lee Babcock, Ruth U. Marshall, William R. Smith, Ernest Lucero, and Patricia L. Daniels; Attorney John Cogorno on behalf of Pat Baldwin also known as Shereen La Mar; Attorney Allen Wallace on behalf of Marshall Duffield, Jr.; Daniel 0. Tubbs, Sr.; and Darrell and Margaret Vincent. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Philip L. Blurton and Alan R. Greeley, doing business as The Golden Truffle, 1767 Newport Boulevard; Stephen L. Craig, doing business as Mesa Village Liquor, 1011 E1 Camino Drive; and Dikran Armenak Baloglu and Ard Mark Keuilian, doing business as Harbor/Fair Exxon Corner Market, 2502 Harbor Boulevard. Flood on Communication from Harry Wong, 3112 Yellowstone March 1, 1983 Drive, Costa Mesa, regarding the flooding that occurred in the vicinity of Trinity and Yellow- stone Drives during the March 1, 1983, storm. Local Agency Resolution from the Local Agency Formation Formation Commission approving Engineer's No. 209 Annexa - Commission tion to the Costa Mesa Sanitary District for property located within Canyon Park. SET FOR PUBLIC HEARING On -motion by Councilwoman Schafer, seconded by Council- man McFarland, Resolution 83-49, being A RESOLUTION OF Landscaping THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Assessment DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS District No. 1 DURING FISCAL YEAR 1983-1984 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER 1, for property MOTION located south of Sunflower Avenue and east of Smalley Resolution 83-49 Road, setting a public hearing for June 20, 1983, was Adopted - Hearing adopted by the following roll call vote: Set AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Advance 1983, was approved by the following roll call. vote: Approved McFarland, Schafer NOES: COUNCIL MEMBERS: None Resolution 83-52 ABSENT: COUNCIL MEMBERS: None Landscaping On motion by Councilwoman Schafer, seconded by Council - Assessment man McFarland, Resolution 83-50, being A RESOLUTION OF District No. 2 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS MOTION DURING FISCAL YEAR 1983-1984 WITHIN CITY OF COSTA MESA Resolution 83-50 LANDSCAPING ASSESSMENT DISTRICT NUMBER 2, for property Adopted - Hearing located west of Bear Street and north of Route 73, set - Set ting a public hearing for June 20, 1983, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ADMINISTRATIVE On motion by Councilwoman Schafer, seconded by Council - ACTIONS On motion by Councilwoman Schafer, seconded by Council - Conference man McFarland, a Conference Advance'of $400.00, for a Advances police officer to attend the Placer County Sheriffs State Pistol Match in Auburn and the California Highway MOTION Patrol State Pistol Match in Sacramento, June 10-12, Advance 1983, was approved by the following roll call. vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer MOTION NOES: COUNCIL MEMBERS: None Resolution 83-52 ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilwoman Schafer, seconded by Council - Advance man McFarland, a Conference Advance of $550.00, for the Approved Finance Director to attend the Municipal Finance Officers Conference in Toronto, Canada, June 12-15, 1983, was approved by the following roll call vote: AYES:COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Commission has recommended that parking be Parking on prohibited along the easterly curb of College Avenue at College Avenue Logan Avenue and that a -stop sign be installed on Logan Avenue at College Avenue. The Commission found that. sight distance and large vehicle turning were affected by parked vehicles and that a stop sign is warranted at Logan Avenue westbound. MO'T'ION On motion by Councilwoman Schafer, seconded by Council - Resolution 83-51 man McFarland, Resolution 83-51, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF COLLEGE AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilwoman Schafer, seconded by Council - Resolution 83-52 man McFarland, Resolution 83-52, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF A STOP SIGN ON LOGAN AVENUE AT COLLEGE AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Removal of Stop The Traffic Commission has recommended that the stop Sign on Traverse sign on Traverse Drive at Ludington Street be removed Drive because its use is inappropriate. On motion by Coun- cilwoman Schafer, seconded by Councilman McFarland, MOTION Resolution 83-53, being A RESOLUTION OF THE CITY COUNCIL Resolution 83-53 OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE Adopted REMOVAL OF A STOP SIGN ON TRAVERSE DRIVE AT LUDINGTON STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Commission received a petition signed by Parking on Grand all Grand Haven Circle residents except one, requesting Haven Circle prohibition of parking for street sweeping. On motion by Councilwoman Schafer, seconded by Councilman McFar- MOTION land, Resolution 83-54, being A RESOLUTION OF THE CITY Resolution 83-54 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBIT - Adopted ING PARKING ON TUESDAY BETWEEN 6:00 A.M. AND 8:00 A.M. ON GRAND HAVEN CIRCLE FOR THE PURPOSE OF STREET SWEEP- ING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map and a Subdivision Agreement were presented Tract 11762 for Tract 11762, South Coast Plaza, 3315 Fairview Road, South Coast Plaza Costa Mesa; 18.55 acres, six lots, located at Town Center, Block "C". On motion by Councilwoman Schafer, MOTION seconded by Councilman McFarland, the map and agreement Map Approved were approved; the Council did accept on behalf of the public the dedication of Avenue of the Arts, Sunflower Avenue, Park Center Drive, Anton Boulevard, and Town Center Drive for street purposes, except the interest in that portion of the airspace thereof, as dedicated; did also accept on behalf of the City: (1) the sidewalk and pedestrian easements as dedicated; (2) the emergency and public security ingress and egress easements as dedi- cated; and (3) the vehicular access rights to Sunflower Avenue, except at street intersections and at driveway locations as shown; did also approve said map pursuant to the provisions of Section 66436 (c)(1) of the Sub- division Map Act; the Clerk was authorized to sign the map, and the Mayor and Clerk were authorized to sign the agreement on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement — County of Orange Construction of East 17th Street - AHFP 1095 MOTION Agreement Approved An agreement with the County of Orange was presented, relating to construction of East 17th Street from Newport Boulevard to 180 feet east of Fullerton Avenue, in connection with Arterial Highway Financing Project No. 1095. On motion by Councilwoman Schafer, seconded by Councilman McFarland, the agreement was approved and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None REFUND Item 6 on the Consent Calendar was presented, a request ZE-79-57R from Robert P. Hardesty, 1815 Mariners Drive, Newport Hardesty Beach, for refund of a cash deposit of $7,000.00, since the improvements have been completed at 1697 Placentia _ _. 31 Avenue in connection with Zone Exception ZE-79-57R. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, asked why a cash deposit was required in lieu of bonds. The Development Services Director responded that City policy is that if occupancy is requested prior to condi- tions being completed, a cash deposit is required. MOTION A motion was made by Councilman McFarland, seconded by Refund Vice Mayor Johnson, authorizing the refund. The motion Approved carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: 'COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS Items 7(a) through Item 7(j) on the Consent Calendar were presented, claims recommended for rejection. Sid Soffer, 900 Arbor Street, Costa Mesa, asked for an explanation of each claim. Mayor Hall responded by giving a brief description of each item. Britton On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Jack P. Britton was rejected. Dick On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of James and Yolanda Dick was rejected. Gradowski and On motion by Councilwoman Schafer, seconded by Vice Pendley Mayor Johnson, and carried 5-0, the claim of Bob Gradowski and Dixie Pendley was rejected. Sadler On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Sherry Saddler was rejected. Ward On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Donald Ward was rejected. Kendall On motion by Councilwomam Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of William Kendall was rejected. Appropriations Item 8 on the Consent Calendar was presented, resolution Limit 1983-84 determining and adopting an appropriations limit for the fiscal year of 1983-84. Sid Soffer asked if this item had any connection with Proposition 13, and Mayor Hall responded that the resolution is required as a result of Proposition 4, the Gann Initiative. On motion by Councilwoman Schafer, seconded by Vice Lee Mayor Johnson, and carried 5-0, the claim of Alton Lee was rejected. McCormick On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Michael McCormick was rejected. Trotter On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Michael Trotter was rejected. Ambassador Inn. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Ambassador Inn was rejected. Britton On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Jack P. Britton was rejected. Dick On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of James and Yolanda Dick was rejected. Gradowski and On motion by Councilwoman Schafer, seconded by Vice Pendley Mayor Johnson, and carried 5-0, the claim of Bob Gradowski and Dixie Pendley was rejected. Sadler On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Sherry Saddler was rejected. Ward On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Donald Ward was rejected. Kendall On motion by Councilwomam Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of William Kendall was rejected. Appropriations Item 8 on the Consent Calendar was presented, resolution Limit 1983-84 determining and adopting an appropriations limit for the fiscal year of 1983-84. Sid Soffer asked if this item had any connection with Proposition 13, and Mayor Hall responded that the resolution is required as a result of Proposition 4, the Gann Initiative. MOTION On motion by Councilman McFarland, seconded by Vice Resolution 83-55 Mayor Johnson, and carried 5-0, Resolution 83-55, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIA- TIONS LIMIT FOR FISCAL YEAR OF 1983-84, IN ACCORDANCE WITH ARTICLE XIII -B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Stale -dated Item 9 on the Consent Calendar was presented, a request Checks from staff to write off the following stale -dated checks: Check No. 61673, Christian Sorensen, $50.00; Check No. 55657, West Coast Custom Pools, $100..00; Check No. 57111, Nuyem Kim Anli, $50.00. Sid Soffer asked if these are checks issued by the City and which have not been cashed, and Mayor Hall replied affirmatively. MOTION A motion was made by Councilwoman Schafer, seconded by Write Off Vice Mayor Johnson, authorizing write off of the above - Authorized mentioned checks. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 586 Item 11(a) on the Consent Calendar was presented, Bid Tree Pruning Item 586, Custom Pruning of Street Trees. Bids received are on file in the Clerk's office. Sid Soffer asked why City personnel cannot prune street trees, and Mayor Hall responded that it was more eco- nomical to have the work done by a contractor. MOTION On motion by Councilman McFarland, seconded by Vice Awarded to Mayor Johnson, the contract for Bid Item 586 was awarded Tree Designs to Tree Designs, 744 Victoria Street, Costa Mesa, in the amount of $6,637.50, being the lowest bid meeting speci- fications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Construction of- Item 11(b) on the Consent Calendar was presented, Wimbledon Park Construction of Wimbledon Park. Bids received are on file in the Clerk's office. Sid Soffer expressed opposition to construction of the park. MOTION On motion by Councilman McFarland, seconded by Vice Awarded to Mayor Johnson, the contract was awarded to Mathis Mathis/ Construction, Incorporated, joint venture with Environ - Environmental mental Landscape Contractors, Post Office Box 189, Landscape Cucamonga, in the amount of $185,652.00, being the lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item.583 Item 12 on the Consent Calendar was presented, Bid Item Consulting Services 583, Consulting Services for Systems Programming Support. for System Program- Bids received are on file in the Clerk's office. ming Support Sid Soffer expressed his opposition to the recommenda- tion shown on the Agenda. MOTION On motion by Vice Mayor Johnson, seconded by Council - Bids Rejected woman Schafer, and carried 5-0, all bids were rejected and staff was authorized to negotiate a professional services agreement. Fees for Adult Item 16 on the Consent Calendar was presented, proposed Entertainment resolution setting fees in connection with regulation Businesses of adult entertainment businesses. In response to Sid Soffer's question, Mayor Hall stated MOTION On motion by Councilwoman Schafer, seconded by Council - Appeal man McFarland, and carried 5-0, the appeal was withdrawn Withdrawn as requested by the applicant. PUBLIC HEARING The Clerk announced that this was the time and place R-83-05 set for the public hearing to consider Rezone Petition that fees ranged from $10.00 to $85.00 for certain businesses. MOTION On motion by Councilwoman Schafer, seconded by Council - Resolution 83-56 man McFarland, Resolution 83-56, being A RESOLUTION OF . Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING FEES IN CONNECTION WITH REGULATION OF ADULT ENTERTAINMENT BUSINESSES, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VURRANTS On motion by Councilwoman Hertzog, seconded by Vice MOTION Mayor Johnson, Warrant Resolution 1215 was approved by Warrant 1215 the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: .COUNCIL MEMBERS: None MOTION On motion by Councilwoman Hertzog, seconded by Vice Warrant 1216 Mayor Johnson, Warrant Resolution 1216, including Approved Payroll 8310, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of ZE-83-49 the meeting of May 2, 1983, an appeal of the Planning Keuilian/Dishner/ Commission's decision for Zone Exception ZE-83-49, frau Abrams Ard Keuilian, authorized agent for Dr. Paul Dishner and Melba Abrams, 440 Fair Drive, Costa Mesa, for a Condi- tional Use Permit for the establishment of a mini -market in an existing gas station located at 2505 Harbor Boule- vard in a C1 zone. Environmental Determination: Exempt. A communication has been received from Paul Abrams, Post Office Box 1185, Studio City, requesting that the appeal be withdrawn. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Council - Appeal man McFarland, and carried 5-0, the appeal was withdrawn Withdrawn as requested by the applicant. PUBLIC HEARING The Clerk announced that this was the time and place R-83-05 set for the public hearing to consider Rezone Petition R-83-05, Costa Mesa City Council, to change the zoning of three sites located at 1924 and 1932 Wallace Avenue; 755-771 West 20th Street (odd -numbered addresses only); 1981 and 1985 Wallace Avenue; and 2015 and 2019 Pomona Avenue from R2 to R3. Environmental Determination: Negative Declaration adopted for Specific Plan SP -79-01. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilwanan Schafer, seconded by Council - Ordinance 83-13 man McFarland, Ordinance 83-13, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 37 AND 38 OF BLOCK "C", LOTS 21, 22, 23, AND 24 OF BLOCK "E", AND LOTS 14 AND 15 OF BLOCK "F", TRACT NO. 612, FROM R2 TO R3, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Uniform Fire Code for the public hearing to consider a proposed ordinance for 1982 adopting the Uniform Fire Code for 1982, making certain amendments thereto, and repealing Chapter II, Fire Pre- vention. The Affidavit of Publication is on file in the Clerk's office. A communication has been received from the Apartment Association of Orange County, 12862 Garden Grove Boule- vard, Suite 250, Garden Grove, commending Fire Marshal Thomas Macduff for his efforts in preparing the smoke detector ordinance. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilman McFarland, seconded by Council - Ordinance 83-14 wanan Schafer, Ordinance 83-14, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING THE UNIFORM FIRE CODE FOR 1982, MAKING CERTAIN AMENDMENTS THERETO, AND REPEALING CHAPTER II, FIRE PREVENTION, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place 1983-84 Federal set for the public hearing concerning Fiscal Year Revenue Sharing 1983-84 Federal Revenue Sharing funds. The Affidavit Funds of Publication is on file in the Clerk's office. No communications have been received. Joseph Fratt, 1682 Rhode Island Circle, Costa Mesa, read a prepared statement concerning the North Mesa Verde residents' request for construction of a wall along the San Diego (405) Freeway from the Santa Ana River to the Harbor Boulevard off -ramp. The citizens committee held several meetings, some of which were attended by the City Manager and staff, and as a result of those meetings, the citizens are requesting Council consideration of the following: 1 35 1. Authorize expenditure and allocation of $400,000.00 to construct a sound wall adjacent to the southbound San Diego (405) Freeway between Moon Park and Harbor Boulevard, such money to be ultimately reimbursed by CALTRANS or used to match residents' contribu- tions for a "privately constructed" sound wall. 2. Adopt a resolution urging the California Transporta- tion Commission to direct CALTRANS to immediately (in Fiscal Year 1983-84) perform the necessary studies for widening of the 405 Freeway from the 73 Freeway to the 605 Freeway in order to determine the precise need and location of a sound wall in the affected area. 3. Adopt a resolution to obtain the strong, visible, and effective support of the State and Federal legislators, representing subject area, to accon- plish the earliest possible construction of a sound wall, including the introduction of special legislation, if necessary. 4. Adopt a resolution urging CALTRANS to construct within 60 days a crash barrier between the resi- dences and the right-of-way along the southbound 405 Freeway between Moon Park and Harbor Boulevard. 5. Authorize the preparation of a sound study of the affected area within 30 days after the fifth through -lane on the southbound 405 Freeway is activated by CALTRANS and this sound study is to be.identical in every .respect to the one conducted by Gordon Bricken and Associates on or about April 4, 1983. Mr. Fratt submitted copies of letters sent by the residents in the affected area to their representatives in Sacramento. These communications are on file in the City Clerk's office. Virginia Goddard, 1634-C Iowa Street, Costa Mesa, reported on discussions she has had with CALTRANS per- sonnel and the conflicting replies she has received concerning construction of a sound wall. George Cote, 1668.New Hampshire, Costa Mesa, requested that the City allocate $400,000.00 of Revenue Sharing funds for construction of the sound wall. Mr. Cote urged the Council to consider their five requests stated above. Mayor Hall thanked the residents for their presentation and expressed his concern with the problem they are encountering because of the freeway. Alvin Pinkley, 1833 Fullerton Avenue, Costa Mesa, spoke in support of allocating Revenue Sharing funds for construction of a civic playhouse at the Rea Community Center. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, stated his opposition to accepting Revenue Sharing funds, and allocating funds for parks and theatres. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his opinion that if the freeway noise violates the law, the State should be cited. There being no other speakers, the Mayor closed the public hearing. No action was required. 1 RECESS The Mayor declared a recess at 7:45 p.m., and the meeting reconvened at 7:55 p.m. PUBLIC HEARING The Clerk announced that this was the time and place Eating set for the public hearing to consider an amendment to Establishments Title 13 of the Costa Mesa Municipal Code, permitting in MP and MG certain eating establishments in the MP (Industrial Zones Park) and MG (General Industrial) zones. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Vice Ordinance 83-15 Mayor Johnson, Ordinance 83-15, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE PERMITTING CERTAIN EATING ESTABLISHMENTS IN THE MP (INDUSTRIAL PARK) AND MG (GENERAL INDUSTRIAL) ZONES, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented Zone Exception ZE-83-75, Robert L. ZE-83-75 Dickinson, 4341 Birch Street, Suite 100, Newport Beach, Dickinson for a Conditional Use Permit to allow ten covered park- ing spaces, five of which are required for the existing industrial building located at 1001 West 17th Street in an MG zone. Environmental Determination: Exempt. The Planning Commission recommended approval subject to conditions with deletion of Condition Nos. 8, 9, and 10. MOTION A motion was made by Councilman McFarland, seconded by Permit Councilwoman Schafer, approving Zone Exception ZE-83-75 Approved subject to all conditions except Nos. 8, 9, and 10, which were deleted, and based on the finding that no additional traffic will be generated as the proposed project does not expand the existing parking area nor the existing industrial uses. The motion carried 5-0. ORAL COMMUNICATIONS The City Manager suggested that Council take some action concerning the requests of the residents of North Mesa Construction Verde for construction of a sound wall along the San of Sound Wall Diego (405) Freeway and which was discussed during the Along San Diego public hearing concerning Revenue Sharing funds. Freeway The City Manager reported that the estimated cost of the proposed wall would be approximately $800,000.00. MOTION A motion was made by Councilman McFarland, seconded by Agreed in Concept Councilwoman Schafer, agreeing in concept to the resi- with Plan'for dents' plan as proposed under Item No. 1 for construc- Construction tion of a sound wall along the San Diego (405) Freeway. The motion carried 5-0. MOTION On motion by Councilwoman Schafer, seconded by Council - Resolution 83-57 woman Hertzog, Resolution 83-57, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING ADDRESSING THE NEED FOR SOUND ATTENUATION ALONG A PORTION OF THE INTERSTATE 405 FREEWAY, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The City Manager suggested, and the Council agreed, that the Mayor direct a letter to State and Federal legisla- tors representing the affected area, urging them to support the construction of a sound wall at the earliest possible time, and to introduce special legislation if necessary. MOTION On motion by Councilwoman Hertzog, seconded by Council - Resolution 83-58 man McFarland, Resolution 83-58, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING CONSTRUCTION OF A GUARD RAIL ON A PORTION OF INTERSTATE 405, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Council confirmed that the City Manager had the authority to proceed with preparation of a sound study of the affected area within 30 days after the fifth through -lane on the southbound -405 Freeway is activated by CALTRANS and such sound.study_is to be identical to the one conducted by Gordon Bricken-and Associates on April 4, 1983. Jerry Odegaard, 1632 Pegasus Street,.Santa Ana Heights, expressed support of Council's actions regarding the sound wall. Sanitary Jerry Odegaard expressed opposition to fees being District Fees imposed by the Sanitary District. Mayor Hall sug- gested that he contact the District's directors. Soffer Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he opposed any City contributions to the civic play- house. Mr. Soffer commented on the success of the Lions Club Fish Fry. He also mentioned that Hughes Aircraft is considering moving from Orange County and the State of California because of certain restrictions. COUNCILMANIC COMMENTS Councilwoman Hertzog referred to her memorandum dated June 2, 1983, in which she proposed that Council set Visitor and aside the agreement being written for formulation of Travel Bureau a Visitor and Travel Bureau. Councilwoman Hertzog suggested that the City and the Chamber of Commerce hire a consultant with expertise in communications and public relations to review the real needs of the City with regard to increasing public awareness. Vice Mayor Johnson and Councilman McFarland, who are members of the Board of Directors for the bureau, thanked Councilwoman Hertzog for her input, however, it was the consensus of the Council to support their previous action to allocate funds for this project. During discussion, Council reaffirmed their previous position that funds are to be allocated quarterly on a 2-1 basis, that is, $15,000.00 from the City and $7,500.00 from the membership. Council also agreed that it would be acceptable for the Chamber of Commerce to donate services in lieu of cash on a quarterly basis. Bingo Councilwoman Hertzog reported that she had received a request from a nonprofit organization for Council to reconsider permitting Bingo to be played within the City, The Council Members agreed that they do not wish to legalize Bingo in Costa Mesa. Lions Club Vice Mayor Johnson announced that the Lions Club Fish Fish Fry Fry was a great success and commented on how well the City and the Lions Club worked together. He also reported that this year's event had been the most profitable. At 8:40 p.m., the Mayor adjourned the meeting to a joint meeting with the Newport Beach City Council on June 7, 1983, at 6:30 p.m., at the Riviera Restaurant, 3333 Bristol Street, Costa MeE Impact Statement for Rom ATTEST: City Clerk of the City of Costa esa z - 1