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HomeMy WebLinkAbout08/01/1983 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 1, 1983 The City Council of the City of Costa Mesa, met in regular session on August 1, 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 ReverendRobert Ealing, South Coast Christian Church. Council Members Present: Hall, Johnson, Hertzog, McFarland, Schafer Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Public Services, Senior Planner, City Clerk MINUTES On motion by Councilwoman Schafer, seconded by Vice July 18, 1983 Mayor Johnson, and carried 5-0, the minutes of the regular meeting of July 18, 1983, were approved as distributed and posted. ORDINANCES A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, and carried 5-0, to read all ordinances by title only. C(NSENT CALENDAR On motion by Councilman. McFarland, seconded by Council- woman Schafer, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COLiNCIL MEMBERS: None READING FOLDER On motion by Councilman McFarland, seconded by Council- woman Schafer, and carried 5-0, the following Reading Folder items were received and processed: Claims One claim has been received by the City Clerk from the following person: Miriam Steckler. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by the Planning Licenses staff: Dora M., Joseph, and Thomas Nanci, doing business at 1520 Baker Street; Sam E. and Sue 0. Ryu, doing business at 840 West 19th Street; and Chun Niers and Shau-Mai King, doing business as Dick Church's Restaurant, 2698 Newport Boulevard. Public Utilities Notice from the Public Utilities Commission Commission regarding Application No. A830718, Phillip M. Satterfield and Orbrey L. Duke, doing business as Satterfield Airport Transportation Service, for certificate of public convenience and neces- sity to operate a passenger/express service between points in Orange County to Los Angeles, Orange County, Long Beach, Burbank, and Ontario airports. Health Care Communication from the County of Orange, Health Agency Care Agency, advising the City that the Board of Supervisors approved an increase in service rates for private ambulance services. 1 i 11 BUSINESS PERMIT A request has been received from Marcel's Brasserie and Marcel's Cocktails, 130 East 17th Street, Costa Mesa, for a live entertainment/public dancing permit at that address. On MOTION motion by Councilman McFarland, seconded by Councilwoman Permit Approved Schafer, and carried 5-0, the request was approved sub- ject to conditions recommended in staff's memorandum dated July 20, 1983. SET FOR PUBLIC On motion by Councilman McFarland, seconded by Council - HEARING woman Schafer, and carried 5-0, the following items were set for public hearing on August 15, 1983, at 6:30 p.m., in the Council Chambers of City Hall: Multi -tenant Study regarding multi -tenant ground signs in Ground Signs commercial zones, with review of current requirements and consideration of possible modifications. Nonconforming Signs Proposed ordinance regarding amortization -of nonconforming signs. REJECTED CLAIMS On motion by Councilman McFarland, seconded by Council- woman Schafer, and carried 5-0, the claim of Pat Baldwin Baldwin, also known as Shereen La Mar, was rejected. Harbor Lawn On motion by Councilman McFarland, seconded by Council- waman Schafer, and carried 5-0, eight claims from Attorney Betty J. McMullen, regarding Harbor Lawn Mortuary, were rejected. Hoff On motion by Councilman McFarland, seconded by Council- woman Schafer, and carried 5-0, the claim of Shirley Hoff was rejected. Craig On motion by Councilman McFarland, seconded by Council- woman Schafer, and carried 5-0, the claim of Marla Craig was rejected. ADMINISTRATIVE ACTIONS Authorization has been requested to purchase mobile data terminals and supporting equipment from Motorola Purchase of Mobile Communications Company, sole source vendor. The cost Data Terminals of these items is approximately $34,300.00 and must interface and be compatible with the existing mobile data terminals in use in the police and fire computer MOTION dispatch system. On motion by Councilman McFarland, Purchase seconded by Councilwoman Schafer, the purchase was Authorized authorized by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Realignment of Bids received for Realignment of 17th Street from 17th Street from Newport Boulevard to Orange Avenue are on file in the Newport Boulevard Clerk's office. On motion by Councilman McFarland, to Orange Avenue seconded by Councilwoman Schafer, the contract was awarded to Griffith Company, 2020 Yale Street, Santa MOTION Ana, in the amount of $476,945.00, being the lowest bid Awarded to meeting specifications. The motion carried by the Griffith Company following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Tract 11424 Improvements have been completed in Tract 11424 to the Mohler satisfaction of the Director of Public Services by Corporation Mohler Corporation, 874 North Batavia Street, Orange, for property located at 2459 Irvine Avenue. On motion MOTION by Councilman McFarland, seconded by Councilwoman Work Accepted Schafer, the work was accepted and the bonds were un ordered exonerated. 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 Wallace NSA Staff has requested title transfer from the City of Title Transfer Costa Mesa to the Costa Mesa Redevelopment Agency for properties in the Wallace Neighborhood Strategy Area (NSA) located at 2015 Pomona Avenue, 1924-1932 Wallace Avenue, and 755-771 West 20th Street. These properties were purchased with Housing and Community Development Act funds and are currently vested in the City of Costa Mesa. It has been determined that the Redevelopment Agency is better equipped to deal with the future MOTION development.of the properties. A motion was made by Title Transfer Councilman McFarland, seconded by Councilwoman Schafer, Authorized authorizing the Mayor and Clerk to execute all documents necessary to transfer title of the above -referenced properties from the City of Costa Mesa to the Costa Mesa Redevelopment Agency. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement - The City's Insurance Committee and the City Attorney Carl Warren have recommended that an agreement be entered into with and Company Carl Warren and Company, 1801 East Parkcourt Place, Santa Ana, for claim administration services. The Committee compared Carl Warren's proposal with the latest proposal from the City's present claims admin- istrator, R. L. Kautz and Company, and concluded that Carl Warren can provide the same or a higher level of MOTION service'than that of Kautz and at a lower cost. A Agreement motion was made by Councilman McFarland, seconded by Approved Councilwoman Schafer, approving the agreement and authorizing the Mayor and Clerk to sign 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 - PRC Staff has requested approval of an agreement with PRC Public Management Services, Incorporated, 1500 Planning POLIS/CAD/RMS Research Drive, McLean, Virginia. The agreement, which Computer is identical to that approved last year for maintenance Maintenance of the operating software for the POLIS/CAD/RMS computer system, is an approved expense in the 1983-84 budget and MOTICN is not to exceed $16,000.00. On motion by Councilman Agreement McFarland, seconded by Councilwoman Schafer, the agree - Approved ment was approved, and the Mayor and Clerk were author- ized to sign 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 OLD BUSINESS on motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, Ordinance 83-18, being AN ORDINANCE OF Condominium THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance AMENDING CHAPTER XII, REGULATIOV OF CONDOMINIUMS, OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO MOTION PROCESSING REQUIREMENTS FOR NEW CONDOMINIUM CONVER- Ordinance 83-18 SIGNS, was given second reading and adopted as drafted. Adopted The motion carried by the following roll call vote: The City Manager reported that both the Police Depart- ment and Finance Department have researched the extent of compliance by these companies as it relates to the present contract. Both departments have indicated that each of the tow operators have operated in strict accordance with the agreement in providing the City with an acceptable level of service. The City Manager also reported that other tow companies in the City had been notified that this item was scheduled for this Council meeting. MO'T'ION AYES: CO1_NCIL MEMBERS: Hall, Johnson, Staff Directed McFarland, Schafer to Negotiate NOES: COUNCIL MEMBERS: None Agreement ABSENT: COUNCIL MEMBERS: None Extensions COUNCIL MEMBERS: Hertzog WARRANTSABSTAINING: on a year-to-year basis, at the City's discretion, and On motion by Councilman McFarland, seconded by Council- MOTICN woman Schafer, Warrant Resolution 1221, including Warrant 1221 Payroll 8314, was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilman McFarland, seconded by Council - Warrant 1222 woman Schafer, Warrant Resolution 1222 was approved by Approved the following roll call vote: Association AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented Police Tow Service agreements REPORTS with Harbor Towing Company, 964 West 17th Street, Costa Mesa, and with G and W Towing Service, 132 Industrial Police Tow Way, Costa Mesa, which will extend the present towing Service contracts. Agreements On motion by Councilwoman Schafer, seconded by Vice The City Manager reported that both the Police Depart- ment and Finance Department have researched the extent of compliance by these companies as it relates to the present contract. Both departments have indicated that each of the tow operators have operated in strict accordance with the agreement in providing the City with an acceptable level of service. The City Manager also reported that other tow companies in the City had been notified that this item was scheduled for this Council meeting. MO'T'ION A motion was made by Councilman McFarland, seconded by Staff Directed Vice Mayor Johnson, directing staff to negotiate agree - to Negotiate ment extensions with Harbor Towing Company and with Agreement G and W Towing Service, adding a new provision to the Extensions existing agreement allowing the agreement to be extended on a year-to-year basis, at the City's discretion, and subject to an annual performance and financial evalua- tion of the tow operator as it relates to the Police Tow Services agreement. 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 Memorandum of The City Manager presented a Memorandum of Understanding Understanding - (MOU) between the City and the Costa Mesa City Employees Employees Association. The document provides for a 3.75 percent Association salary increase, an additional $20.00 per month City contribution toward medical benefits and in January, 1984, another $15.00 additional contribution toward medical benefits. The Memorandum also provides for $28.00 as a retroactive contribution toward medical costs which were increased in May of this year. In addition, the Association has requested, and the City has agreed, to increase the medical deductible from $50.00 to $150.00 as of January 1, 1984. MOTION On motion by Councilwoman Schafer, seconded by Vice MOU Received Mayor Johnson, and carried 5-0, the Memorandum of and Filed Understanding was received and filed. r-- SA Salary The City Manager presented a proposed resolution which Increases will increase the salaries of non-safety/non-management employees by 3.75 percent. On motion by Councilman MOTION McFarland, seconded by Councilwoman Schafer, Resolution Resolution 83-73 83-73, being A RESOLUTION OF THE CITY COUNCIL OF THE Adopted CITY OF COSTA MESA ESTABLISHING THE BASIC PAY SCHEDULE, ESTABLISHING THE RATES OF PAY FOR CLASSIFICATIONS AND EMPLOYEES PLACED LNDER THE BASIC PAY SCHEDULE, 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 Vice City Manager Mayor Johnson, and carried 5-0, the City Manager was Authorized to authorized to implement the Memorandum of Understanding Implement MOU and to take the necessary administrative actions to increase the City medical contribution as outlined earlier. PUBLIC HEARING The Clerk announced the public hearing, continued from R-82-08 the meeting of August 2, 1982, for Rezone Petition R-82-08, Costa Mesa City Council, to rezone property at 2910 Red Hill Avenue from CL to MP. Environmental Determination: Negative Declaration. No cc munications have been received. The Senior Planner reviewed the background of this project which is detailed in staff's memorandum dated July 28, 1983. The memorandum indicates that the uses and building envisioned by the prospective owner can be accommodated under the MP zoning. There being no speakers, the Mayor closed the public hearing. MOTICN Negative A motion was made by Councilwoman Schafer, seconded by Declaration Councilman McFarland, and carried 5-0, adopting the Adopted Negative Declaration of Environmental Impact. MOTION On motion by Councilwoman Schafer, seconded by Council - Ordinance 83-20 man McFarland, Ordinance 83-20, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOINIA, CHANGING THE ZONING OF A PORTION OF LOT 10, TRACT 7486, FROM CL TO MP, 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: OOLNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing, continued from Rehearing of the meeting of July 5, 1983, rehearing of Zone Exception ZE-83-46/Martell ZE-83-46, Arthur and Theresa Martell, 5216-B Seashore Drive, Newport Beach, for a variance from parking and open space requirements to allow conversion of an exist- ing xisting four-bedroom apartment to one one -bedroom unit and one two-bedroom unit, located at 200 East 16th Street. Environmental Determination: Exempt. Because the applicants were not present, Mayor Hall trailed this item to later in the meeting. After all public hearings had been heard, Mayor Hall asked the Clerk to again introduce the rehearing for Zone Exception ZE-83-46; however, the applicants were MOTICN not present. On motion by Councilman McFarland, Held Over seconded by Councilwoman Schafer, and carried 5-0, the public hearing was continued to the meeting of September 6, 1983. s PUBLIC HEARING The Clerk announced the public hearing, continued from Assessment the meeting of July 5, 1983, Assessment District District No. 82-1 No. 82-1, Sterling Avenue. A communication has been Sterling Avenue received from Henry Plascencia, owner of property at 1950 Wallace Avenue, Assessment No. 82, withdrawing his previous protest to the Assessment District. George McFarlin, representing the law firm of Brown and Nazarek, legal consultants for the City in connection with the District, stated that the public hearing had been continued so that more information could be obtained regarding the percentage of property owners protesting the proposed improvements, and availability of federal funds to owners who are unable to pay the proposed assessment. Robert Lewis, Berryman and Stephenson, Incorporated, engineering consultants to the City, reported that the percentage of property owners protesting the Assessment District is 29.5 percent. That percentage takes into consideration the protest withdrawal from Henry Plascencia, Assessment No. 82. Mr. Lewis stated that there were 15 property owners protesting the district and 14 had been recontacted by mail or telephone since the July 5 meeting. Information was provided regarding the 57 percent reduction in the proposed assessments due to favorable construction and bond bids and the City's contribution. Vincent LaFontaine, owner of property at 1945 Pomona Avenue, Assessment No. 98, expressed opposition to the formation of the district and stated that he had not received the letter mentioned by Mr. Lewis. Discussion ensued concerning the reduction of the proposed assess- ments by 57 percent and the method of payment over a ten-year period. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in opposition to the proposed improvements; however, Mr. Soffer is not a property owner in the Assessment District. Al Bazar, co-owner of property at 1955-65 Pomona Avenue, Assessment No. 99, expressed support of the proposed district and stated that he was willing to pay his fair share for the improvement of the neighborhood. George McFarlin announced that he had just received a protest withdrawal from Jack Kaylor, 446 East 19th Street, Assessment No. 95. Robert'Lewis recalculated the percentage of those protesting and reported that it has now been reduced to 27 percent. Raman Curiel, 724 West 20th Street, Assessment No. 37, stated that he had previously opposed the district but now believes that the improvements should be made. He also commented that he understood the payment structure. Robert Lewis announced that the percentage of protests has been reduced to 25.9 percent. Jack Kaylor, 446 East 19th Street, reported that he had just submitted his protest withdrawal and expressed his support for the proposed improvements. There being no other speakers, Mayor Hall closed the public hearing. All Council Members made comments supporting the forma- tion of Assessment District No. 82-1 and all agreed that the improvements are needed. Ordering Changes On motion by Councilman McFarland, seconded by Council - and Modifications woman Schafer, Resolution 83-74, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE Resolution 83-74 ENGINEER'S "REPORT" IN A SPECIAL ASSESSMENT DISTRICT, Adopted was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Overruling and On motion by Councilwoman Schafer, seconded by Council - Denying Protests woman Hertzog, Resolution 83-75, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FIND - Resolution 83-75 INGS IN A SPECIAL ASSESSMENT DISTRICT, was adopted by Adopted the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Approving City Contribution MOTION Resolution 83-76 Adopted Confirming the Assessment MOTION Resolution 83-77 Adopted Awarding Contract to Porter Construction MOTION Resolution 83-78 Adopted Making Award for Sale of Bonds to Tony Bedford MOTION Resolution 83-79 Adopted On motion by Councilwoman Hertzog, seconded by Council- man McFarland, Resolution 83-76, being A RESOLUTION OF THE CITY COUNCIL OF THE CITi' OF COSTA MESA, CALIFORNIA, APPROVING AND PROVIDING FOR CONTRIBUTION TO PAY CERTAIN COSTS AND EXPENSES IN AN ASSESSMENT DISTRICT, was adopted by the following roll call vote AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilman McFarland, seconded by Council- woman Hertzog, Resolution 83-77, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S "REPORT", was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, Resolution 83-78, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AWARDING THE CONTRACT FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT IN A SPECIAL ASSESSMENT DISTRICT, awarding the contract to Porter Construc- tion Company, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None On motion by Councilwoman Hertzog, seconded by Vice Mayor Johnson, Resolution 83-79, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ACCEPTING PROPOSAL AND MAKING M9,RD FOR SALE OF BONDS, AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMPTION FUND FOR THE PAYMENT OF SAID BONDS, making award for sale of bonds to 'Tony Bedford, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 PUBLIC HEARING The Clerk announced the public hearing, continued from Condemnation of the meeting of July 5, 1983, a Resolution of Necessity Johansen Property to condemn a portion of the Johansen property located at 1985 Pomona Avenue, in connection with Assessment District No. 82-1, Sterling Avenue. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilman McFarland, seconded by Council - Resolution 83-80 woman Hertzog, Resolution 83-80, being A RESOLUTION OF Adopted 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 1985 POMONA AVENUE, LOCATED WITHIN THE CITY OF COSTA MESA, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ALLEY IMPROVEMENTS AND ALL APPURTENANCES THERETO PURSUANT TO ASSESSMENT DISTRICT 82-1, AUFrHORIZING SAID CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None PUBLIC HEARING The Clerk announced the public hearing, continued from Condemnation of the meeting of July 5, 1983, a Resolution of Necessity Kwong/Ching to condemn a portion of the Kwong/Ching property located Property at 720 West 19th Street, in connection with Assessment District No. 82-1, Sterling Avenue. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Vice Resolution 83-81 Mayor Johnson, Resolution 83-81, being A RESOLUTION OF Adopted 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 720 WEST 19TH STREET, LOCATED WITHIN THE CITY OF COSTA MESA, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ALLEY IMPROVEMENTS AND ALL APPURTENANCES THERETO PURSUANT TO ASSESSMENT DISTRICT 82-1, AUTHORIZING SAID CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None PUBLIC HEARING The Clerk announced the public hearing, continued from Condemnation of the meeting of July 5, 1983, a Resolution of Necessity Abrams/LaFontaine to condemn a portion of the Abrams/LaFontaine property Property located at 1945 Pomona Avenue, in connection with Assessment District No. 82-1, Sterling Avenue. Vincent LaFontaine, co-owner of the above property, spoke in opposition to the condemnation and stated that the offer of $2,000.00 by the City is not a fair price for 189 square feet of land. In response to Mayor Hall's question, Robert Lewis, engineering consultant for the City, explained that if Mr. LaFontaine opposes the acquisition, the following options are available: dedicate the land and thereby reduce his assessment; or pursue the matter in court. • There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Councilman McFarland, seconded by Council - Resolution 83-82 woman Hertzog, Resolution 83-82, being A RESOLUTION OF Adopted 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 1945 POMONA AVENUE, LOCATED WITHIN THE CITY OF COSTA MESA, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ALLEY IMPROVEMENTS AND ALL APPURTENANCES THERETO PURSUANT TO ASSESSMENT DISTRICT 82-1, AUTHORIZING SAID CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, was adopted by the following roll call vote: PUBLIC HEARING AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Weed Abatement McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Parking for set for the public hearing to consider amendments to Regional Shopping Chapter V, Title 13, of the Costa Mesa Municipal Code Centers relating to parking requirements for regional shopping centers. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the City Clerk's office. No communications have been received. The Senior Planner summarized staff's memorandum dated July 28, 1983, which states that the Council adopted recommendations contained in the "South Coast Plaza Parking Study" and directed staff to prepare an ordi- nance implementing those recommendations. The proposed ordinance also reflects the correct interpretation of the Urban Land Institute recommendations concerning parking requirements for office space occupying 10 per- cent or less of the total contiguous gross leasable area. Malcolm Ross, representing South Coast Plaza, 3315 Fairview Road, Costa Mesa, spoke in support of the proposed ordinance. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he supported the proposed ordinance but felt that the City's parking requirements are too strict. There being no other speakers, Mayor Hall closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Vice Ordinance 83-21 Mayor Johnson, the Negative Declaration of Environmental First Reading Impact was adopted, and Ordinance 83-21, being AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICI- PAL CODE TO PROVIDE SEPARATE PARKING REQUIREMENTS FOR REGIONAL SHOPPING CENTERS, was given first reading and passed to second reading by the following roll call vote: AYES: COLNCIL 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 Weed Abatement for the public hearing to consider a proposed resolution approving and confirming the report of the Fire Chief or his designee, showing the cost of removing the [1 1 rubbish and weeds and refuse or dirt on or in front of each separate parcel of land in the City of Costa Mesa. The Affidavit of Posting the Report, as required by the Municipal Code, is on file in the Clerk's office. No communications have been received. Sid Soffer, 900 Arbor Street, Costa Mesa, disagreed with the City's weed abatement program procedure. There being no other speakers, the Mayor closed the public hearing. MOTICN On motion by Councilman McFarland, seconded by Vice Resolution 83-83 Mayor Johnson, Resolution 83-83, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT OF THE FIRE CHIEF OR HIS DESIGNEE, SHOWING THE COST OF REMOVING THE RUB- BISH AND WEEDS AND REFUSE OR DIRT ON OR IN FRGINT OF EACH SEPARATE PARCEL OF LAND IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CbLNCIL MEMBERS: None RECESS The Mayor declared a recess at 7:50 p.m. and the meeting reconvened at 8:05 p.m. NEW BUSINESS The Clerk presented the Focused Draft Environmental Impact Report (EIR) - Nordstrom Department Store; Malcolm Focused Draft Ross, authorized agent for Sears, Roebuck and Company EIR for Nordstrom and for South Coast Plaza, 3315 Fairview Road, Costa Department Store Mesa, for property located at 3333 Bristol Street in a C1 -S zone. Mayor Hall reported that an errata to the Environmental Impact Report, dated July 11, 1983, has been received from staff and contains corrections to be made on the following pages: 1-2, 4-16, 4-28, 5-1, and 5-4. The Mayor also reported that comments were received today from the City of Santa Ana, the County of Orange, and Architects Pacifica, Limited, 180 Newport Center Drive, Newport Beach. Staff has responded to each of these agencies. The Senior Planner referred to staff's memorandum dated July 28, 1983, and reported that the Planning Commission recommended acceptance of the document, including the errata. MOTION A motion was made by Councilman McFarland, seconded by EIR Accepted Councilwoman Hertzog, to accept the Environmental Impact Report, including staff's errata, comments from the above-mentioned agencies, and staff's responses to those comments. The motion carried 5-0. ZE-83-95 The Clerk presented Zone Exception ZE-83-95, Malcolm Ross/Sears/South Ross, authorized agent for Sears, Roebuck and Company Coast Plaza and for South Coast Plaza, 3315 Fairview Road, Costa Mesa, for an amendment to the Master Plan for South Nordstrom Coast Plaza to allow construction of a four-story Department Store retail store containing approximately 224,700 square feet, and a five -level parking structure; Conditional Use Permits to exceed two stories and ramp slope requirements; and variances from amount and design of parking. The Senior Planner reported that the Planning Ccm mission recommended approval subject to all conditions, with Conditions 4, 16, and 33 amended as shown on the first page of the Staff Report. 90 Responding to Mayor Hall, the Senior Planner stated that the parking variance would not be required if the new ordinance concerning regional shopping centers were in effect, and referred to Finding D, Section III: "Sufficient parking will be available according to the provisions of the parking ordinance for regional shop- ping centers". Malcolm Ross, authorized agent, was present and agreed to all conditions as amended. Councilman McFarland asked if Condition No. 18, regard- ing construction of wheel chair ramps, could be expanded to include sidewalk installation along Sunflower Avenue and along Bristol Street without delaying the project. Mr. Ross responded that a future project, which will be coming before the Council shortly, may resolve that problem and probably would satisfy any concerns. Mayor Hall commented that sometimes sidewalks are not located next to the street. MOTICN A motion was made by Councilman McFarland to approve ZE-83-95 Zone Exception ZE-83-95 based on the analysis and find - Approved ings contained in the Staff Report, subject to all conditions as amended by the Planning Commission, and with Condition No. 18 amended by adding, "Direct staff to work with the applicant in evaluating the need for construction of sidewalks on Sunflower Avenue between Bristol and Bear Streets, and on Bristol Street from Sunflower Avenue to Town Center Drive or the southerly terminus of that parcel, and to investigate alternatives in that area". Councilwoman Schafer seconded the motion; however, she asked if Councilman McFarland would amend his motion by retaining the wording of Condition No. 18 as it appears in the Staff Report, and that his additional wording be identified as Condition No. 40. Councilman McFarland agreed to that modification and the amended motion carried 5-0. MOTICN On motion by Councilwoman Schafer, seconded by Council - Parking Stall woman Hertzog, and carried 5-0, staff was directed to Study Authorized study parking stall depth standards. Tentative Parcel The Clerk presented Tentative Parcel Map S-83-386, Map S-83-386 Robert Bein, William Frost and Associates, Post Office South Coast Plaza Box 2590, Newport Beach, authorized agents for South Coast Plaza, for a parcel map to create three new parcels in connection with Zone Exception ZE-83-95. The Senior Planner reported that the Planning Camission recommended approval. Malcolm Ross, representing South Coast Plaza, was present to answer questions from the Council; however, there were none. MOTICN On motion by Councilwoman Schafer, seconded by Vice S-83-386 Johnson, and carried 5-0, Tentative Parcel Map S-83-386 Approved was approved subject to all conditions detailed in staff's memorandum dated July 7, 1983. ORAL Bob Yoder, 155 Buoy Street, Costa Mesa, spoke regarding COMMUNICATICNS the proposed senior citizens housing project at St. John the Divine Episcopal Church. Mr. Yoder stated that work Senior Citizens has not commenced at that location and suggested that Housing this project be transferred to City -owned property. Mayor Hall responded that the Council could not comment on this matter until further details are known and that Mr. Yoder will be notified when more information is available. Senior Citizens Valerie Threlli, real estate agent, Select Properties, Hospitality 3130 Harbor Boulevard, Costa Mesa, submitted her per - Refreshment Fund sonal check in the amount of $160.00 to be used to supply coffee and donuts for the Senior Citizens Hospitality Refreshment Fund. Mayor Hall thanked Ms. Threlli for her generous contribution. Soffer Sid Soffer, 900 Arbor Street, Costa Mesa, voiced his opposition to the Council's decisions regarding side- walk installation and cash deposit requirements. Pacific Ed Halverson, 289 Bowling Green Drive, Costa Mesa, Amphitheatre stated that he lives in the College Park area and since the opening of the Pacific Amphitheatre at the Orange County Fairgrounds, he and his neighbors have experi- enced increased traffic and noise. He asked if the City intended to monitor the traffic in the neighbor- hood and if the residents could assist in alleviating the inconvenience. The City Manager responded that the Fair Board and the Amphitheatre management have been very cooperative in trying to find a solution to noise and traffic problems. The City Manager reported that six motor officers have been assigned to traffic control. He also mentioned that litter is a problem, and the City has asked that amphitheatre crews assist in cleaning the streets. The City Manager stated that a meeting is scheduled for Tuesday, August 2, and will be attended by staff members from the Fairgrounds, the Amphitheatre, and the City. He assured Mr. Halverson that the City will do its utmost to alleviate the noise and traffic problems. Mayor Hall asked if there is anything the residents can do to help, and the City Manager responded that staff is trying to contact as many residents and homeowner asso- ciations as possible so that.the citizens can work with the City in resolving any problems. The City Manager reported that Coast Community College District and Newport -Mesa Unified School District, as well as any other property owners in the area, must obtain a Conditional Use Permit from the City in order to allow parking on their properties for Amphitheatre patrons. Mayor Hall announced that Clint Hoose, Fair Board Member, and John Burke, Acting Manager of the Fair- grounds, were in the audience. John Burke thanked the Council and the City staff for their assistance this past weekend and asked that the residents call the Fairgrounds if any problems arise. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the City does not treat all applicants equally. COUNCILMANIC COMMENTS Councilman McFarland expressed appreciation to Mr. Halverson for bringing the concerns of the citizens to the attention of the Council regarding the opening of the Pacific Amphitheatre. Councilwoman Hertzog reported that she has just returned from Brazil and stated that women in that country are not given the opportunities that are available in the United States. Councilwoman Hertzog ca mented that the form of goverment in Brazil is quite different than ours and that traffic laws are practically nonexistent. Councilwoman Schafer, who resides in the College Park area, reported that all agencies are cooperating with the citizens to resolve any problems in connection with the opening of the Pacific Amphitheatre. ADJOURNMENT Mayor Hall declared the meeting adjourned at 9:90 p.m ; 8 I �`Pfayo of the Cit of Costa Mesa ATTEST: tl�j I e -!F /"0 '0 - j 1 j if ty Clerk of the City of Costa sa 1