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HomeMy WebLinkAbout09/06/1983 - City CouncilII REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA September 6, 1983 The City Council of the City of Costa Mesa, met in regular session on September 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 Chaplain Lloyd Sellers, Hoag Memorial Hospital - Presbyterian. ROLL CALL Council Members Present: Hall, Hertzog, McFarland, Schafer Council Members Absent: Officials Present: Johnson City Manager, City Attorney, Development Services Director, Assistant City Engineer, City Clerk MINUTES On motion by Councilman McFarland, seconded by Council - August 15, 1983 woman Schafer, and.carried 4-0, the minutes of the regular meeting of August 15, 1983, were approved as distributed and posted. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried 4-0, to read all ordinances by title only. PROCLAMATION Mayor Hall read a proclamation declaring the month of Orange County September as "Orange County Pacific Symphony Month". Pacific Symphony The Mayor presented the proclamation to Joyce Olson, Month Chairman of the Coastal Guild of the Pacific Symphony Organization. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 5 (j), Claim of Marshall Duffield, Jr.; Item 7, Resolution opposing Senate Bill 66 regarding Cable Communications; and Item 18 (c), Final Map for Tract 11992, Earl S. Olrich. On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland,Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson WRITTEN COMMLNICATIONS On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, Resolution 83-92, being A RESOLUTION OF Records THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORgIA, Destruction for AUTHORIZING RECORDS DESTRUCTION FOR THE FIRE PREVENTION Fire Prevention DIVISION OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- NANCE NO. 75-60, was adopted by the following roll call MOTION vote: Resolution 83-92 AYES: COLNCIL MEMBERS: Hall, Hertzog, Adopted McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson READING FOLDER On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 4-0, the following Reading Folder items were received and processed: 112, Claims Claims have been received by the City Clerk from the following persons: William Henry Cathcart; Max A. Pier; Mohammad H. Mahmoodiyeh; Fremont Indemnity Company on behalf of Rosemary Crocker; and Attorney Frank Wright on behalf of Diana L. Groce also known as Diana Lynn Hopkins. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Hans R. Hungerbuhler and Lawrence L. Rohr, doing business as Hans Again, 877 West 19th Street; James A. Graham and John S. McKnight, doing business as E1 Pescador Restaurant, 401 East 17th Street; and Emanuel M. and Linda Rider, Rider Stores, Incorporated, doing business as Vendome Stores, 841 Baker Street and 2320 Harbor Boulevard. Clutter and Communication from Patricia E. Palmer, no address Overcrowding given, stating her concern over the lack of park- in the City ing, overcrowding, and unkempt appearances of apartment buildings and single-family dwelling units in the City, especially on the East side. Public Utilities Notice from the Public Utilities Commission that Commission Application No. 83-08-42 has been filed by Southern California Edison Company, for an Ex Parte Order for authority to modify energy cost adjustment clause rates. Local Agency Resolution from the Orange County Local Agency Formation Formation Commission revising the established sphere of influence for the City of Newport Beach to include the Beeco property and reaffirming the balance of the sphere of influence as determined by Resolution Nos. 73-145, 74-100, and 80-73. Resolution from the Orange County Local Agency Formation Commission resolving the Executive Officer's report on Detachment No. 83-01, filed by the Costa Mesa Sanitary District. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable American Diabetes Purpose has been received from the American Diabetes Association Association, 3460 Wilshire Boulevard, Suite 900, Los Angeles, for the 10th Annual McDonald's Bike Ride on MOTION October 2, 1983. On motion by Councilwoman Schafer, Permit Approved seconded by Councilwoman Hertzog, and carried 4-0, the request was approved with application of Section 9-234J of the Municipal Code and subject to City insurance requirement. Active 20/30 Club Notice of Intention to Appeal or Solicit for Charitable Purpose has been.received from the Active 20/30 Club of USA and Canada, Santa Ana Branch, District G, 6956 Marguerita Street, Riverside, to hold a chili cookoff at Orange County Fairgrounds, September 25, 1983. On MOTION motion by Councilwoman Schafer, seconded by Councilwoman Permit Approved Hertzog, and carried 4-0, the request was approved with application of Section 9-2341 of the Municipal Code and subject to City insurance requirement. REJECTED CLAIMS On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 4-0, 16 claims filed by Harbor Lawn Attorney Betty McMullen regarding Harbor Lawn Mortuary Mortuary were rejected. Koehn On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 4-0, the claim of Edward A. Koehn was rejected. Request to Present On motion by Councilwoman Schafer, seconded by Council - Late Claim - woman Hertzog, and carried 4-0, an Application for Leave Carpenter to Present a Late Claim from Ann L. Carpenter was denied. Scott On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 4-0, the claim of Thomas C. and Carolyn L. Scott was rejected. Vincent On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 4-0, the claim of Darrell and Margaret Vincent was rejected. Gerken On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 4-0, the claim of William and Donna Gerken was rejected. Tubbs On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 4-0, the claim of Daniel 0. Tubbs, Sr., was rejected. Toney On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 4-0, the claim of Pat Toney was rejected. Radovich On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 4-0, the claim of Radul Radovich was rejected. Golumbic On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 4-0, the claim of Harvey Golumbic was rejected. State Farm On motion by Councilwoman Schafer, seconded by Council - Insurance woman Hertzog, and carried 4-0, 26 claims filed by State Flood Claims State Farm Insurance in connection with the storm and flood on March 1, 1983, were rejected. Attorney Bloch On motion by Councilwoman Schafer, seconded by Council - Flood Claims woman Hertzog, and carried 4-0, 51 claims, filed by Attorney Jerrold Bloch, in connection with the storm and flood on March 1, 1983, were rejected. ADMINISTRATIVE ACTIONS On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, Budget Adjustment No. 84-07, in the Budget Adjustment amount of $245,000.00, for construction of Canyon Park, 84-07 - Canyon Phase II, was approved by the following roll call vote: Park, Phase II AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Agreement - Young The Director of Finance has requested approval of an agreement between the City and Arthur Young and Company, Safety Employees 3200 Park Center Drive, Costa Mesa, in an amount not to Retirement Plan exceed $9,000.00, for auditing and preparing financial statements for the Safety Employees Retirement Plan. The agreement has been approved by the Retirement Com - MOTION mittee. On motion by Councilwoman Schafer, seconded by Agreement -Councilwoman Hertzog, the agreement was approved, and Approved 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: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Agreement - City The Director of Public Services has requested approval of Santa Ana of a joint powers agreement between the cities of Costa Mesa and Santa Ana for maintenance of traffic markings .- - JA. on Sunflower Avenue and on Main Street. The agreement allows for simplification of street traffic marking of MOTION border streets between Santa Ana and Costa Mesa. On Agreement motion by Councilwoman Schafer, seconded by Councilwoman Approved Hertzog, 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: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL.MEMBERS: Johnson Extension of The Purchasing Agent has requested Council approval to Willdan Contract extend the plan checking contract with Willdan Associ- ates, 1020 South Anaheim Boulevard, Suite 300, Anaheim. Plan Checking The additional amount requested is for $58,000.00 and Services will be for fiscal year 1983-84. The service will be performed according to the terms of the original agree - MOTION ment approved by Council on April 20, 1981. On motion Contract by Councilwoman Schafer, seconded by Councilwoman Extension Hertzog, the contract extension was approved by the Approved following roll call vote: - AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Bid Item 594 Bids received .for Bid Item 594, Remodel Report Area in Remodel Report Police Building, are on file in the Clerk's office. On Area in Police motion by Councilwoman Schafer, seconded by Councilwoman Building Hertzog, the contract was awarded to R G Construction Company, 2165 State Avenue, Costa Mesa, in the amount of MOTION $7,069.00,.being the lowest bid meeting specifications. Awarded to R G The motion carried by the following roll call vote: Construction AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Bid Item 595 Bids received for Bid Item 595, Installation of Air Air Conditioning Conditioning Unit in the Civic.Center Print Shop, are Unit on file in the Clerk's office. On motion by Council- woman Schafer, seconded by Councilwoman Hertzog, the MOTION contract was awarded to F. M. Thomas Air Conditioning, Awarded to Incorporated, 231 Gemini Avenue, Brea, in the amount of F. M. Thomas' $5,963.77, being the lowest bid meeting specifications. MOTION The motion carried by the following roll call vote: Sole Source AYES: COUNCIL MEMBERS: Hall, Hertzog, Purchase McFarland, Schafer Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Communications Staff has requested approval for installation of Equipment for communications equipment in City helicopters by Air Helicopters Comm Systems, Incorporated, Rialto. This is a sole source item since Air Comm manufactures major parts of the communications system. Total installation cost for the two helicopters is $63,413.44, less trade-in of helicopter No. N9278F to Air Comm for $44,571.30, MOTION leaving a balance due of $19,842.14. On motion by Sole Source Councilwoman Schafer, seconded by Councilwoman Hertzog, Purchase the request was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COULNCIL MEMBERS: Johnson Slope Renovation Bids received for'Slope Renovation at Estancia Park are at Estancia Park on file in the Clerk's office. On motion by Council- woman Schafer, seconded by Councilwoman Hertzog, the 115 MOTION contract was awarded .to Impact Construction, 25291 Awarded to Impact Mainsail, Dana Point, in the amount of $41,371,90, being Construction the lowest bid meeting specifications. The motion car- ried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None' ABSENT: COUNCIL MEMBERS: Johnson 1983-84 Street Bids received for 1983-84 Street Maintenance, Phase I, Maintenance, (Avocado Street) are on file in the Clerk's office. On Phase I (Avocado motion by Councilwoman Schafer, seconded by Councilwoman Street) Hertzog, the contract was awarded to McGrew Construction Company, Incorporated, 1461 Redgum Street, Anaheim, in MOTION the amount of $185,265.50, being the lowest bid meeting Awarded to specifications. The motion carried by the following McGrew Construction roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Change Order "B" - The Director of Public Services has requested approval Psomas Contract of Change Order "B", in the amount of $8,912.00, to the contract with Psomas and Associates, 150-A Paularino Sunflower Avenue Avenue, Costa Mesa, in connection with design of widen - Widening ing of the north side of Sunflower Avenue. The change order is for additional engineering design work. On MOTIOR motion by Councilwoman Schafer, seconded by Councilwoman Change Order Hertzog, the change order was approved by the following Approved roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Notice of Completion The work has been completed to the satisfaction of the Bid Item 587 - Director of Public Services for Bid Item 587, Demolition Demolition of of Various Structures for the 19th Street Widening, by Structures for 19th William L. Olson, Incorporated, Post Office Box 3786, Street Widening Granada Hills. On motion by Councilwoman Schafer, -:seconded by Councilwoman Hertzog, the work was accepted; MOTION the Clerk was authorized to file a Notice of Completion; Work Accepted the Performance Bond was ordered exonerated and 10 per- cent retention money was authorized for release 35 days after the Notice of Completion has been filed; and the Labor and Material Bond was ordered exonerated 7 months after the Notice of Completion has been filed. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Final Map for The Final Map and Subdivision Agreement was presented Tact 11097 - for Tract 11097, Newport Harbor Builders, Incorporated, Newport Harbor 1539 Monrovia Avenue, Suite 19, Newport Beach; one lot, Builders 0.351 -acre, located at 2220 Pacific Avenue, for condo- minium purposes. On motion by Councilwoman Schafer, MOTION seconded by Councilwoman Hertzog, the map and agreement Map and Agreement were approved; the Council did accept on behalf of the Approved public the dedication of Pacific Avenue for street purposes; did also accept on behalf of the City the ingress/egress easement for emergency and security vehicle purposes as dedicated; did also approve subject map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision 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, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Final Map for The Final Map was presented for Tract 11893, Mountain Tract 11893 - West Development Corporation, 695 Town Center Drive, Mountain West Suite 800, Costa Mesa; seven lots, 0.50 -acre, located Development at 2435 Orange Avenue, for condominium purposes. On motion by Councilwoman Schafer, seconded by Council - MOTION woman Hertzog, the map was approved; the Council did Map Approved accept on behalf of the public the dedication of Orange, Avenue for street purposes; did also accept on behalf of the City the ingress/egress easement over Lot 7 for Parcel Map emergency and security vehicle purposes; did also Preparation approve subject map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and MOTION the Clerk was authorized to sign the map on behalf of Awarded to the City. The motion carried by the following roll Osborn and call vote: Associates AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: Johnson Conference Advances On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, Conference Advances, in the amounts of $340.00 and $400.00, for two police officers to attend MOTION California Specialized Training Institute in San Luis Advances Obispo, September 11-16, 1983, were approved by the Approved following roll call vote: AYES: CODICIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson On.motion by Councilwcanan Schafer, seconded by Council - MOTION woman Hertzog, a Conference Advance, in the amount of Advance $535.00, for the Assistant Building Safety Director to Approvedattend the International Conference of Building Officials in San Antonio, Texas, September 25, 1983, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson On motion by Councilwoman Schafer, seconded by Council - MOTION woman Hertzog, a Conference Advance, in the amount of Advance $500.00, for a police officer to attend California Approved Specialized Training Institute in San Luis Obispo, September 26-30, 1983, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: Johnson Parcel Map Proposals received for parcel map preparation for three Preparation housing.sites in the Wallace Neighborhood Strategy Area are on file in the Housing and Community Development MOTION office. On motion by Councilwoman Schafer, seconded Awarded to by Councilwoman Hertzog, the contract was awarded to Osborn and Osborn and Associates, Incorporated, 1441 East 17th Associates Street, Santa Ana, in the amount of $6,000.00, being the lowest bid meeting specifications. The motion carried by'the following roll call vote: AYES:- COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None -ABSENT: CODICIL MEMBERS: Johnson 1 L 1i. 7 Duffield Claim Item 5 (j) on the Consent Calendar was presented, claim from Marshall Duffield, Jr., in connection with the storm and flood on March 1, 1983. Attorney Allen Wallace, 1401 Dove Street, Suite 200, Newport Beach, representing the claimant, requested an explanation for the recommendation that the claim be rejected. The City Attorney responded that after reviewing Mr. Duffield's claim, staff determined that there was no liability on the part of the City. Mr. Wallace asked -that this item be continued for two weeks so that he and his client could meet with the City Attorney. The City Attorney recommended that the Council take action tonight and reject the claim, and indicated his willingness to meet with Mr. Wallace for further discussion. MOTION On motion by Councilman McFarland, seconded by Council - Claim Rejected woman Hertzog, and carried 4-0, the claim of Marshall Duffield, Jr., was rejected. Opposition to Item .7 on the Consent Calendar was presented, a proposed Senate Bill 66 resolution opposing Senate Bill 66 which would limit the Cable role of local government in connection with cable tele - Communications vision operations. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, asked for clarification of Senate Bill 66. Mayor Hall explained that this bill removes control of cable communications from local jurisdiction and gives that control to the Federal goverment. Mayor Hall read a paragraph.fron a letter he forwarded to the National -League of Cities: "I can certainly appreciate many of the concerns of the cable companies in light of some of the more irresponsible actions by a few local municipalities. This does not justify, in our opinion, legislation such as S.66 which effectively removes local goverment from cable regulation alto- gether. Fbr all practical purposes, it will be neither the Federal Communications. CaLUIission, Congress, the National League of Cities, nor the National Cable Tele- vision Association that will receive the complaints of local subscribers as the result of this legislation. The resolution of issues relating to cable operation should remain with the local cable operator and the municipality". MOTION On motion by Councilwoman Schafer, seconded by Council - Resolution 83-93 woman Hertzog, Resolution 83-93, being A RESOLUTION OF Adopted THE CITY COUNCIL.OF THE CITY OF COSTA MESA, CALIFOENTLA, OPPOSING SENATE BILL 66, THE FEDERAL CABLE CO4ENICA- TIONS BILL, AND SUPPORTING AMENDMENTS THEP=, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Final Map for Item 18 (c) on the Consent Calendar was presented, Final Tract 11992 Map for, Tract 11992, Earl S. Olrich, 2881 Europa Drive, Olrich -Costa Mesa, eight lots, 0.46 -acre, located at 2340 Elden Avenue, for condominium purposes. On motion by Council - MOTION - Removed man McFarland, seconded by Councilwoman.Hertzog, and from Agenda carried 4-0, this item was removed from the Agenda as recommended by the Assistant City Engineer. OLD BUSINESS The Clerk presented a request from Butler Housing Butler Housing Corporation, 1691 Kettering Street, Irvine, for the City Tax Exempt Bonds to execute a Cooperative Agreement with the County of Orange that will permit the County to issue multi -family rental tax exempt housing bonds for financing the Fairview Hospital Community Housing Project. Because the applicant was not present, this item was trailed. 'After the second item under Old Business was completed, Mayor Hall announced that the representative from Butler Housing had arrived. John Watts, Vice President of Butler Housing Corporation, explained the cooperative agreement and asked for Council approval. The City Manager pointed out that although Mr. Watts has verbally indicated that all units will be occupied'by persons earning less than 80 percent of median income, the cooperative agreement does not stipulate anything to that effect nor can it be found in the lease with the State of California. Another concern expressed by the City Manager is that the agreement does not limit the use of bond funding to this particular project. The City Manager recommended that if Council does concur with Butler Housing, that the agreement be approved in concept; however, with the stipulation that -the City Attorney and the City's bond counsel review and approve the agreement before the document is sent to the County or before it is accepted by the Council. The City Manager further suggested that if affirmative action is taken tonight, it should be contingent upon the preparation of an agreement which meets the City's needs by assuring that 100 percent of the bonds will be used to finance units to.be occupied by persons earning no more than 80 percent of median income. Mr_. Watts referred to Page 3, Section 4, of the agree- ment which states that bonds.will be used expressly for the Fairview State Hospital project. The City Manager suggested that the word "`expressly" be changed to "exclusively".. Mr. Watts agreed to the proposed change. Mr.,Watts also expressed agreement with the recommenda- tion of the City ' Manager as stated in the previous paragraph. Dr. Francis Crinella, Director of Fairview State Hospital, stated that he was eager to proceed with the project and thanked the Council for its support. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, spoke in opposition to the housing project. Councilman McFarland stated that he would vote in favor of the cooperative agreement for the following reasons: 100 percent of.the bonding would be for moderate income persons, there is a need for rental units in.the City, and the hospital has been a good neighbor by going through the proper procedures to obtain City approval. Council Members Hall and Hertzog also stated that they favored the proposed project. MOTION A motion was made by Councilman McFarland, seconded by City Councilwoman Hertzog, approving City participation in Participation the cooperative agreement with the County of Orange for Approved issuance of up to $20 million in multi -family tax exempt rental housing bowls for the Fairview Housing Project; that these funds are to be used exclusively for the hospital housing; that the limit of all rental units is to be 80 percent of the median income in Orange County; and before the document is signed by the City, that it i -. is to be reviewed by the City Attorney and the City's bond counsel to make.certain that this agreement does not prevent the City from entering into any other agree- ment for other tax exempt bonds. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Off -Premise The Clerk presented for second reading and adoption, Advertising Ordinance 83-12, which was continued from the meeting Signs of June 20, 1983. The ordinance relates to off -premise advertising signs (billboards). The Development Services Director reviewed staff's memorandum of September 1, 1983, stating that second reading and adoption of .this ordinance was continued from the meeting='of June 20, 1983, at the request of Gannett Outdoor Company. On July 28, staff met with representatives of two billboard companies, Gannett Outdoor Company and Foster and Kleiser. In response to concerns voiced at that meeting, minor amendments were made to Sections 5-150(a) and 5-152(8) to include provisions for variances and zone exception permits. Also, the word "relocate" was added to Section 5-151(a) in order to clarify the intent of the word "erect" in that subsection. LZM The above-mentioned memorandum also discusses annual tax; possible major change to Section 5-150(b); various goals of the billboard regulation; and the following recommendation: (1) Establish annual tax pursuant to Section 5-153 as 20 cents per square foot of sign area; and (2) Give second reading and adopt Ordinance 83-12 with minor changes recommended by staff without the optional additional provision to Section 5-150 as shown on the page attached to the ordinance, "Optional Addi- dditional tionalProvision that may be added to Section 5-150". Rob Verman, of Foster and Kleiser, 1550 West Washington Boulevard, Los Angeles, stated that the ordinance is too restrictive and asked that adoption of the ordinance be delayed until after the City of San Diego lawsuit has been decided. Sherry Bennett, Gannett Outdoor Company, 1731 Workman Street, Los Angeles, submitted a letter to the Council which expresses Gannett's viewpoint that the ordinance is extremely restrictive and should not be adopted. MOTION On motion by Councilwoman Schafer, seconded by Council - Ordinance 83-12 man McFarland, Ordinance 83-12, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING ARTICLE 2, SECTIONS 5-149 THROUGH 5-156, INCLUSIVE, OF TITLE 5, CHAPTER VI OF THE COSTA, MESA MUNICIPAL CODE, AND ADDING ARTICLE 2, SECTIONS 5-149 THROUGH 5157, INCLUSIVE, TO TITLE 5, CHAPTER VI, RELAT- ING TO OFF -PREMISE ADVERTISING SIGNS, including the recommendation contained in staff's memorandum of September 1, 1983, was given second reading and adopted by the following roll call vote: AYES: COU,4CIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Reservation System on motion by Councilwoman Hertzog, seconded by Council - for Recreational man McFarland, Ordinance 83-22, being AN ORDINANCE OF Facilities THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LZM 120 ESMBLISHING A RESERVATION SYSTEM FOR USE OF CITY PARK MOTION AND RECREATION- FACILITIES, was given second reading and Ordinance 83-22 adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNNICIL MEMBERS: Johnson Ordinance 83-23 The Clerk presented for second reading and adoption, Nonconforming Ordinance 83-23, being AN ORDINANCE OF THE CITY COUNCIL Signs OF THE CITY OF -COSTA MESA, CALIFORNIA, REGARDING THE AMORTIZATION OF NONCONFORMING SIGNS. Mayor Hall announced that Vice Mayor Johnson had requested that this item be continued to the meeting of September 27, 1983, so that he can participate in the discussion and MOTION vote. On motion by Councilwoman Schafer, seconded by Held Over Councilwoman Hertzog, and carried 4-0, this item was continued to September 27, 1983. ZE-82-88 arra The Clerk presented Zone Exception ZE-82-88 and Tentative Parcel Tentative Parcel Map S-82-380, the Reverend Conrad Map S-82-380 Nordquist, authorized agent for the Bishop of the Nordquist/Episcopal Protestant Episcopal Church, 1220 West Fourth Street, Church Los Angeles, for an extension of time for a Planned Development Review for a 36 -unit senior citizens housing project in conjunction with an existing church, with variances from parking requirements including a reduc- tion in total parking, parking in a street setback, and inadequate turn -around area; and a parcel map to create two parcels, located at 183 East Bay Street in an R1 zone. Environmental Determination: Negative Declara- tion previously adopted by the Council. The Planning Commission recommended approval of -the time extension for Zone Exception ZE-82-88 to July 19, 1984, and Parcel Map S-82-380 to August 23, 1984. Reverend Nordquist explained that the extension of time is needed because of delays in receiving Federal fund- ing. He reported that groundbreaking should take place in October or November of this year. Bob Yoeder, 155 Buoy Street, Costa Mesa, stated that he is not opposed to senior citizens housing but he is opposed to the location of this project. Mr. Yoeder spoke in support of moving the project to one of three_ alternative sites he has recommended in the past. Mr. Yoeder expressed his opinion that a three-story project should not be erected in a residential area. Sid Soffer, 900 Arbor Street, spoke in support of the project being located at the Bay Street site. MOTION On motion by Councilman McFarland, seconded by Council - Extension woman Schafer, and carried 4-0, extension of time for Approved Zone Exception ZE-82-88 and Tentative Parcel Map S-82-380 was approved as recommended by the Planning Commission. WARRANTS On motion by Councilman McFarland, seconded by Council- woman Hertzog, Warrant Resolution 1224, including MOTION Payrolls 8316 and 8317, was approved by the following Warrant 1224 roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson MOTION On motion by Councilman McFarland, seconded by Council - Warrant 1225 woman Hertzog, Warrant Resolution 1225 was approved by Approved the following roll call vote: 1 AYES: CODICIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: Johnson CITY ATTORNEY The City Attorney reported that a lawsuit has been REPORTS filed, San Francisco Superior Court Case No. 810433, Southern Pacific Transportation Company, et al, versus Southern Pacific Board of Equalization, et al, including the City of Lawsuit Costa Mesa. Southern Pacific is seeking a refund of property taxes paid during the fiscal years ending in June of 1978, 1979, 1980, and 1981. The City Attorney further advised that because assessment and collection of property taxes is handled by the County of Orange for the City of Costa Mesa and other cities within the County, the normal practice is to authorize the County to defend the lawsuit onbehalf of the City. MOTION A motion was made -'by Councilman McFarland, seconded by County Counsel Councilwoman Hertzog, and carried 4-0, authorizing the Authorized to County Counsel of Orange County to represent and Defend City defend the City of Costa Mesa in the case of Southern Pacific Transportation Company versus Board of Equali- qualization, zation,San Francisco Superior Court Case No. 810433, pursuant to Revenue and Taxation Code Section 5149. CITY MANAGER REPORTS The City Manager presented a request to forward a letter -to the City of Newport Beach asking for formal University Drive action regarding extension of University Drive. Extension Frank Robinson, 1007 Nottingham Read, Newport Beach, representing Friends of Newport Bay, stated that the Coastal Commission voted against the extension because it would intrude into a State preserve, and that the Newport Beach City Council has adopted the Coastal Plan. Mayor Hall explained that the letter to be forwarded to the City of Newport,Beach will neither promote nor denounce the University Drive extension; it will merely request that Newport Beach make a decision to proceed with a study aimed toward keeping the facility or deleting it from the Master Plan of Highways. Martha Durkee, 20311 Cypress Street, Santa Ana Heights, member of Friends of Newport Bay, stated that the City of Newport Beach was in the process of designing trails in the University Drive area and therefore it wouldn't be logical that the extension will be considered. Mayor Hall advised Mrs. Durkee that a decision for University Drive will be made at a Newport Beach City Council meeting and that she should attend that meet- ing eeting so that she will be aware of that City's action. Erna Batham, 20451 Upper Bay Drive, Santa Ana Heights, and Patricia Cox, 2612 Southeast Mesa Drive, Santa Ana Heights, opposed the University Drive extension. Sten Croaker, 2783 Mendoza Drive, Costa Mesa, member of the Orange County Group Conservation Committee of the Sierra'Club, stated that the Sierra Club opposes the University Drive extension because of adverse impacts for an ecological preserve. Councilwoman Hertzog suggested that in the letter to the City of Newport Beach, information be included regarding the co ments.made by the public at this meeting. MOTION A motion was made by Councilwoman Hertzog, seconded by Letter Authorized Councilwoman Schafer, authorizing the Mayor to forward T-22 a letter to the City of Newport Beach, requesting a decision regarding the University Drive Extension and informing that City of the comments received from the public this evening. The motion carried 4-0. Request for an The City Manager presented a request from Robert Hawes, Advance from the President, Costa Mesa Visitors Bureau, 2960-D Harbor Visitors Bureau Boulevard, Costa Mesa, for an advance of $30,000.00, which would be the first two quarters of the amount pledged by the City to support the bureau. The City Manager reported that the Bureau has filled the position of Executive Director with a highly qualified candidate, Charles Johnson, who is in the process of relocating to the Costa Mesa area. MOTION On motion by Councilman McFarland, seconded by Council - Advance Approved woman Schafer, the requested advance was approved by the following roll call vote: AYES: CODICIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None . ABSENT: COLUCIL MEMBERS: Johnson Acoustical The City Manager requested authorization to hire Gordon Consultant for Bricken and Associates, Acoustical Consultant, 1538 East Pacific Fourth Street, Santa Ana, to monitor sound levels for Amphitheatre the remainder of the performances at the Pacific Amphi- theatre, located at the Orange County Fairgrounds. The fee for these services will not exceed $6,000.00 and will include any meetings that Mr. Bricken will attend on the City's behalf with the.Amphitheatre, the Fair Board and/or homeowner groups in the area. MOTION On motion by.Councilwaman-Hertzog, seconded by Council - Authorization man McFarland, the City Manager was authorized to hire Given to Hire the acoustical consultant for an amount not to exceed Consultant $6,000.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson PUBLIC HEARING The Clerk announced the public hearing, continued from Rehearing of the meeting of August 1, 1983, rehearing of Zone Excep- ZE-83-46/Martell tion 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 existing four-bedroom apartment to one one -bedroom unit and one two-bedroom unit, located at 200 East 16th Street in an R3 -CP. zone. Environmental Determination: Exempt. The applicant has requested a continuance because of illness. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the proposed project. MOTION On motion by Councilwoman Schafer, seconded by Council - Held Over woman Hertzog, the public hearing was continued to the meeting of October 17,. 1983. NEW BUSINESS The Clerk presented Zone Exception ZE-83-103, Craig Hampton, Pacific Building Concepts, 234 East 17th ZE-83-103 Street, Suite 205, Costa Mesa, authorized agent for Hampton/Webber/ Betty L. Mairtejean and Alan Webber, 221 Indianapolis Mairtejean Avenue, Huntington Beach, for a Conditional Use Permit for a three -unit condominium project with variances from rear yard setback, vehicular access, and driveway width requirements, and a density deviation, located at 178 East 22nd Street in an R2 zone. Environmental Deter- mination: Exempt. The Development Services Director referred to a revised site plan from the authorized agent which had been distributed to the Council. He reported that because of a tie vote at the August 22 meeting, the Planning Commission referred this item to the City Council for action in order to minimize delays to the applicant. The Development Services Director summarized staff's memorandum of August 31, 1983, and reported that the variances for vehicular access and driveway width have been eliminated. He reported that because of the pro- posed widening of.22nd Street, a 12 -foot dedication would be required; however, the Planning Commission, at its July 25 meeting, indicated its willingness to accept a modified right-of-way acquisition having a dedication of 9-1/2 feet and an easement of 2-1/2 feet. With the modified dedication requirement, the site pro- vides 2,904 square feet per unit, the minimum required by the General Plan designation, although a variance is requested from the 3,000 square feet per unit required in the R2 zone. The Director pointed out that an issue to be considered is access -to various parking stalls or garages on the site. He stated that the Planning Commission considered the variances and felt that the density deviation could be justified and that the rear yard encroachment was not substantial. The Director commented on one of the issues the Council will be considering, that is, whether or not applicant's site plan conforms with some sections of the Municipal Code and with the Parking Design Standards which were adopted by resolution several years ago. He read Park- ing Design Standard No. 1 which states that all parking areas containing more than two spaces shall provide for- ward motion access to and from the public street unless an exception is approved by the Planning Director. He reported that what his predecessor had done was to, exempt all properties within the City that are not located on streets with high traffic volume. The loca- tion of this project is ori 22nd Street and this street has not been exempt. Craig Hampton, authorized agent and architect for the project, addressed the issue which appears to be the most controversial: forward motion access to and from a public street. Mr. Hampton explained that it was not his intention to promote backing out onto a busy street. He stated that he and the developer feel they have solved the access problem to the two front parking spaces and to the three two -car garages by providing a turn -around area which complies with the City ordinance. He commented that there are other approved projects in the City with a similar design. Mr. Hampton also refer- red to his proposal to provide two feet of landscaping on the westerly property line. Considerable discussion ensued concerning the location of the patios and the parking access. The Development Services Director stated that he concurred with the architect's suggestion for the two -foot landscaping; however, he indicated that he intends to discuss this proposal with the traffic engineer. ` 24 Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the project.. Steve Riddle, 181 Morristown Lane, Costa Mesa, also expressed his approval of the condominiums. The applicant, Alan Webber, was present and answered questions from the Council. He stated that he will post a sign warning motorists not to back out onto 22nd Street. Mr. Webber also agreed to all conditions. MOTION A motion was made by Councilman McFarland to approve ZE-83-103 Zone Exception ZE-83-103 based on the findings that the Approved developer has designed the project to the best of his ability to accommodate all of the City's requirements; that the question of density deviation has been satis- fied by the 2.5 -foot easement along the front of the property; that the rear yard setback has been allevi ated to the best of the developer's ability considering the square footage available; that the parking is a question of interpretation and that the garage door openers will encourage occupants to use their garages; that the sign the developer will erect will discourage people from backing out onto 22nd Street; that the increase in turnaround space meets the intent of the City ordinance; and approval is subject to all cond i - tions contained in. the Staff Report, as well as addi- tional dditional Condition No. 35, that a two -foot planter is to be installed along the westerly side of the property under the direction of the.Development Services Depart- ment. The motion was seconded by Councilwoman Hertzog, and carried 4-0. RECESS The Mayor declared a recess at 9:25 p.m., and the meet- ing eeting reconvened at 9:35 p.m. EP -83-05 The Clerk presented Encroachment Permit EP -83-05, John Moore A. and Sue M. Moore, 3240 Colorado Lane, Costa Mesa, for permission to allow encroachment of a blockwall, approximately 60 feet long and 6 feet high, into the adjacent public right-of-way on California Street, located at the above address in an R1 zone. Environ- mental Determination: Exempt. The Planning Commission recommended approval subject to conditions. MOTION On motion by Councilwoman Schafer, seconded by Council - Permit Approved woman Hertzog, and carried 3-0, Councilman McFarland abstaining, the permit was approved subject to condi- tions as recommended by the Planning Commission. Presentation The Clerk announced that a presentation was to have been by YWCA given by Mary Jane Mann, Executive Director, Central Orange County Y.W.C.A., Incorporated, 146 North Grand Street, Orange, concerning its Dispute Resolution Center; however, -Ms. Mann had to leave the meeting before this item was introduced. Before leaving, Ms. Mann had submitted a written statement -to the City Clerk concerning the services provided by the Center. Mayor Hall asked that the City Clerk make copies of the state- ment for distribution to the Council. No action was necessary. ORAL Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in COMMUNICATIONS opposition to the following matters: dedication requirements; park fee policy; and low cost housing. COUNCILMAN IC Mayor Hall announced that the date of the regular City COMMENTS Council meeting of September 19, 1983, has been changed to September 27, 1983, at 6:30 p.m. ADUOURNMENT The Mayor declared the meet'a�djo nat 9:50 .m. F '`-May-or--of the City of Costa Mesa ATTEST: p C ty Clerk of.the,City of Cos esa