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HomeMy WebLinkAbout10/17/1983 - Adjourned City Council MeetingADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 17, 1983 The City Council of the City of Costa Mesa, California, met in adjourned regular session on October 17, 1983, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, said meeting having been duly and regularly adjourned from the adjourned regular meeting of September 27, 1983; and a Notice of Adjourn- ment announcing the cancellation of the regular meeting of October 3, 1983, was posted as required by law. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Doctor Gary Barmore, Fairview Community Church. ROLL CALL Council Members Present: Hall, Johnson, Hertzog, McFarland, Schafer Council Members Absent: None Officials Present: Assistant City Manager; City Attorney; DeveloE went Services Director; Director of Public Services; City Clerk MINUTES On motion by Councilman McFarland, seconded by Council - September 27, 1983 woman Hertzog, and carried 5-0, the minutes of the adjourned regular meeting of September 27, 1983, were approved as distributed and posted. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Johnson, and carried 5-0, to read all ordinances by title only. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 10, Completion of Removal of Handicap Barriers in City Park System; Item 13,'Purchase of computer hardware and software integration; Item 14(a), Bid Item 596 "A", Floor Coverings for Police Building; Item 14(b), Bid Item 599, Sewer Cleaning Machine; Item 14(c), Bid Item 600, Installation of Sound System in the Council Chambers; Item 14(f), Design modifications for corporation yard; and Item 20, Parking prohibition on a portion of Arbor Street. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson,.the remaining 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: COUNCIL MEMBERS: None Records Destruction On motion by Councilwoman Schafer, seconded by Vice for Building/Safety Mayor Johnson, Resoluton 83-98, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOIN IA, MOTION AUTHORIZING RECORDS DESTRUCTION FOR THE BUILDING/SAFETY Resolution 83-98 DIVISION OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- Adopted NANCE 75-60, was adopted by the following roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the following Reading Eblder items were received and processed: Claims Claims have been received by the City Clerk from the following persons: Liz McFarland, and Gary D. Bauer. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi- Licenses iviLicenses sion: The Perfect Pan, doing business at 3333 Bristol Street, Unit 1085; Chantry, Limited, doing business at 428 East 17th Street; Vie de France, doing business at 3333 Bristol Street, Building F, Suite 1420; Australasia Ventures, Incorporated, doing business at 100 Airway Ave- nue, Suite 106; and Son-Vay Corporation, doing business at 250 Ogle Street. Alcoholic Beverage License applications which are being protested by the Planning Division: George and Susan Katona, 2228 Newport Boulevard, because a Conditional Use Permit is required to expand an existing service station; and Hans Sandtner, 1370 Logan Avenue, Suite D, because retail sales are not permitted in industrial zones. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Girl Scouts Purpose has been received from the Girl Scout Council of Orange County, 1620 Adams Avenue, Costa Mesa, by MOTION sale of calendars from October 17 to November 30, 1983, Permit Approved and sale of cookies from January 26 to March 25, 1984. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the permit was approved with application of Section 9-2341 of the Municipal Code. Orangewood Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from Orangewood, A New Hone MOTION for Dependent Children, 4440 Von Karman Avenue, Suite Permit Approved 300, Newport Beach, by sale of oranges on October 27, 1983. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the permit was -approved with application of Section 9-2341 of the Municipal Code. SET FOR PUBLIC HEARING On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the following items were set for public hearing November 21, 1983, at 6:30 p.m. R-83-08 Rezone Petition R-83-08, Brian Wood, authorized Wood/Bedford agent for Pete Bedford, 11521 Anabel, Garden Grove, to rezone property containing a seven -unit apartment camplex at 1826 Pomona Avenue from R2 to R3. Environmental Determination: Negative Declaration. McClellan Ebr Michael W. McClellan, authorized agent for Rollo W. McClellan, Jr., 2424 Windward Lane, Newport Beach, for a 2.4 -acre parcel -located northwest of the intersection of Arbor Street and Whittier Avenue, in an R1 zone. GP -83-3A General Plan Amendment GP -83-3A, to amend the General Plan designation of the above property fron Low Density Residential to Medium Density Residential. Environmental Determination: Negative Declaration. Rezone Petition R-83-06, to rezone the above property from R1 to R2. 1 GP -83-3B General Plan Amendment GP -83-3B, Costa Mesa City City Council Council, to amend the Master Plan of Bikeways for Fairview State Hospital, Costa Mesa Golf Club, and Fairview Regional Park sites; the western termini of Sunflower Avenue and South Coast Drive; along Anton Boulevard, Sakioka Drive, Santa Ana Avenue and Wilson Street; and at the Bear Street/Baker Street intersec- tion.- Environmental Determination: Negative Declaration. GP -83-3C General Plan Amendment GP -83-3C, Costa Mesa City City Council Council, to amend the Master Plan of Highways in the following manner: Delete Center Street extension between Newport and Harbor Boulevards; Downgrade Park Avenue; Realign West 18th Street to intersect with Rochester Street; Downgrade the westernmost segment of East 18th Street; Revise the alignment of Newport Boulevard to reflect its present alignment; Realign the westernmost segment of East 18th Street to reflect its present alignment; Delete right turn lanes along East 17th Street, East 19th Street, and Placentia Avenue. REJECTED CLAIMS On motion by Councilwoman Schafer, seconded by Vice McIntyre Mayor Johnson, and carried 5-0, the claim of Marc David McIntyre was rejected. Forsythe On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Victoria Forsythe was rejected. . Harbor Lawn On motion by Councilwoman Schafer, seconded by Vice Mortuary Mayor Johnson, and carried 5-0, 18 claims from Attorney Betty McMullen regarding Harbor Lawn Mortuary were rejected. ADMINISTRATIVE ACTIONS . The Director of Leisure Services has requested approval of Change_Order No. 6, in the amount of $9,862.00, to Change Order No. 6 the contract with Hondo Company, 18392 East 17th Street, Hondo Company Santa Ana, in connection with Vista Park Improvements. The change order is necessary to improve an additional Vista Park 150 feet of the slope north of the southwest corner of Improvements the project. On motion by Councilwoman Schafer, sec- onded by Vice Mayor Johnson, the change order was MOTION approved by the following roll call vote: Change Order AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Approved McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COLNCIL MEMBERS: None Change Order No. 1 The Director of Leisure Services has requested approval Impact Construction of Change Order No. 1, in the amount of $2,777.00, to the contract with Impact Construction, Incorporated, Estancia Park 25291 Mainsail, Duna Point, in connection with Slope Slope Renovation Renovation at Estancia Park. The change order is necessary to replace spandrel at Adams Avenue and Mesa Verde Drive, install a new spandrel at Adams Avenue and Shantar Drive, installation of additional sidewalk, and MO'T'ION installation of one new wheelchair ramp. On motion by Change Order Councilwoman Schafer, seconded by Vice Mayor Johnson, Approved the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None General Plan The Planning staff has requested revision of previous Implementation Council action of February 18, 1982, regarding the Program General Plan Implementation Strategy. These revisions were discussed at the Council Study Session of October MOTION 10, 1983. On motion by Councilwoman Schafer, seconded Revisions by Vice Mayor Johnson, and carried 5-0, the following Authorized authorization was given: (1) Rescind previous direction to staff to prepare annual General Plan Implementation Work Program; (2) Incorporate General Plan Implementa- tion Reports as a supplemental information source to the biennial Council goal -setting process; and (3) Review the status and progress of the adopted Council goals and update the priority General Plan policies on an annual basis on alternate years following the adoption of Council Goals. Purchase of The City Manager has requested authorization to purchase Equipment Mainte- an equipment maintenance information system for the new nance Information IBM computer from Public Technology, Incorporated, 1301 System from Public Pennsylvania Avenue Northwest, Washington, D.C. This Technology system would enable the City to cancel its contract with a service bureau, Mainstem, for data processing MOTION reports for equipment maintenance, which costs $1,300.00 Contract per month. On motion by Councilwaman Schafer, seconded Authorized by Vice Mayor Johnson, authorization was given to enter into an agreement with Public Technology, Incorporated, in the amount of $25,000.00, and the City Manager was authorized to execute 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 Construction of Bids received for Construction of the Harbor Boulevard Harbor Boulevard Bus Bay, East Side, Approximately 315 Feet North of Bus Bay Wilson Street, are on file in the Clerk's office. on motion by Councilwoman Schafer, seconded by Vice Mayor MOTION Johnson, the contract was awarded to Nobest, Incorpor- Awarded to ated, Post Office Box 874, Westminster, in the amount of Nobest $28,553.02, 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 Agreement with The Director of Public Services has requested approval Ventresca of an agreement with Cesar and Luis Ventresca, 132 Del Mar Avenue, for acquisition of property at 132-134 Del Del Mar Avenue Mar Avenue (Parcel No. 25) for the Del Mar Avenue street Street Project project. The agreement stipulates payment by the City of $155,000.00. on motion by Councilwoman Schafer, MOTION seconded by Vice Mayor Johnson, the agreement was Agreement approved, and the Mayor and Clerk were authorized to Approved 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 with The Director of Public Services has.requested approval Naismith of an agreement with Helen R. and Desmond Naismith, 108 Del Mar Avenue, for acquisition of property at 2602 Del Mar Avenue Newport Boulevard and at 108 Del Mar Avenue (Parcel Street Project No. 29) for the Del Mar Avenue street project. The agreement stipulates payment by the City of $288,000.00. MOTION A motion was made by Councilwoman Schafer, seconded by Agreement Vice Mayor Johnson, approving the agreement and author - Approved izing 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 Final Map for The Final Map was presented for Tract 11992, Earl S. Tract 11992 Olrich, 2881 Europa Drive, Costa Mesa; 8 lots, 0.46- Olrich acre, located at 2340 Elden Avenue, for condominium purposes. On motion by Councilwoman Schafer, seconded MOTICN by Vice Mayor Johnson, the map was approved; the Map Approved Council did accept on behalf of the public the dedica- tion of Elden Avenue for street purposes; did also accept on behalf.of the City the easement for emergency and public security ingress/egress over Lot "A" as dedicated; did also approve said map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign the map 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 Amendment to The Director of Development Services has requested an Accelerated amendment to the Accelerated Building Plan Review Building Plan Agreement. Questions have arisen regarding authorized Review City signatures and with defining who is authorized to sign the agreement for the developer and engineer. The MOTION amendment should resolve these problems. On motion by Resolution 83-99 Councilwaman Schafer, seconded by Vice Mayor Johnson, Adopted Resolution 83-99, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE ACCELERATED BUILDING PLAN REVIEW PROCEDURE AND AGREE- MENT, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Relocation Assistance Law MOTION Resolution Adopted On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, Resolution 83-100, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REGULATIONS AND PROCEDURES IMPLEMENTING RELOCA- TION ASSISTANCE, was adopted by the following roll call 83-100 vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COLNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None Funding for On motion by Councilwoman Schafer, seconded by Vice EAU Program Mayor Johnson, Resolution 83-101, being A RESOLUTION OF THE CITY COLINCIL,OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AFFIRMING THE NOMINATION OF VARIOUS HIGHMY PROJECTS FOR Resolution 83-101 FUNDING CINDER THE FEDERAL AID URBAN PROGRAM, was adopted Adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 46 Conference On motion by Councilwoman Schafer, seconded by Vice Advances Mayor Johnson, a Conference Advance, in the amount of $643.00, for a police officer to attend Basic Crime MOTION Prevention Conference in Sacramento, October 31 through Advance November 10, 1983, was approved by the following roll Approved call vote: AYES: COLNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilwoman Schafer, seconded by Vice MOTION Mayor Johnson, a Conference Advance, in the amount of Advance $360.00, for a police officer to attend the California Approved Peace Officers All Committee/Training Conference in Long Beach, November 6 through 9, 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 On motion by Councilwoman Schafer, seconded by Vice MOTION Mayor Johnson, a Conference Advance, in the amount of Advance $450.00, for a police officer to attend Terrorism --The Approved Police Response Conference in Millbrae, California, November 29 through December 2, 1983, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: OOINCIL MEMBERS: None Notice of Completion Item 10 on the Consent Calendar was presented, conple- Removal of Handicap tion of the contract for Removal of Handicap Barriers Barriers in Park in the Costa Mesa Park System by Impact Construction, System Incorporated, 25291 Mainsail, Dana Point. Sid Soffer, 900 Arbor Street, Costa Mesa, asked for clarification of this item, and the Mayor responded that it is a Federal mandate to provide the handicapped with appropriate access to the park system. The Assistant City Manager reported that Housing and Community Development Act funds were used for this project. MOTION On motion by Councilman McFarland, seconded by Council - Work Accepted woman Schafer, the work was accepted; the Clerk was authorized to file a Notice of Completion; the Perform- ance Bond was ordered exonerated and release of final payment was authorized 35 days after the Notice of Completion has been filed; and the Labor and Material Bond was ordered exonerated seven months after the Notice of Campletion has been filed. The motion car- ried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Computer. Item 13 on the Consent Calendar was presented, purchase Hardware and Soft of computer hardware and software integration from sole ware Integration source vendor, PRC Public Management Services, Incorpor- from PRC ated, 185 Berry Street, Suite 3808, San Francisco, in the amount of $20,000.00. In response to Sid Soffer's questions, Mayor Hall explained to him that PRC designed the City's present computer system and it is necessary to purchase the hardware and software from that company. ri u MOTION Purchase Approved Bid Item 596 "A" Floor Coverings for Police Building MOTION Awarded to Custom Floors Bid Item 599 Sewer Cleaning Machine On motion by Councilman McFarland, seconded by Vice Mayor Johnson, the purchase was approved by the follow-_ ing roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS:_ None ' ABSENT: CODICIL MEMBERS: None Item 14(a) on the Consent Calendar was presented: Bid Item 596, Revision "A", Floor Coverings for the Police Building. Bids received are on file _ in the Clerk's Office. Sid Soffer commented on the specifications for this project. On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, the contract was awarded to Custon Floors, Incorporated, 13902 Seaboard Circle, Garden Grove, in the amount of $17,762.00, being the lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None NOES: COUNCIL MEMBERS: ABSENT: CODICIL MEMBERS: Item 14(b) on the Consent Calendar was presented: Bid Item 599, Sewer Cleaning Machine. Bids received are on file in the Clerk's office. Sid Soffer asked why the City is purchasing a machine with two motors instead of one. Mayor'Hall responded that staff recommended that this type of equipment be used. MOTION On motion by Councilman McFarland, seconded by Council - Awarded to woman Hertzog, the contract was awarded to Haaker Equip- Haaker Equipment ment Company, 3505 Pomona Boulevard, Pomona, in the amount of $122,309.00 plus tax, being the lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None Bid Item 600 Item 14(c) on the Consent Calendar was presented: Bid Sound System Item 600, Sound System for the Council Chambers. Bids received are on file in the Clerk's office. Sid Soffer asked why a new sound system was needed and Mayor Hall responded that maintenance costs are too high and it is more economical to install a new system. MOTION On motion by Councilman McFarland, seconded by Council - Awarded to woman Hertzog, the contract was awarded to GMF Sound, GMF Sound Incorporated, 1437-A North Manzanita Street, Orange, in the amount of $17,762.00, being the lowest bid meet- eeting ingspecifications. The motion carried by the following roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None Modifications Item 14(f) on the Consent Calendar was presented: to Corporation Professional Services to Design Modifications to the Yard Corporation Yard. Proposals received are on file in the Public Services Department. AS _A Sid Soffer, 900 Arbor Street, Costa Mesa, commented on the cost of the project. MOTION On motion by Councilman McFarland, seconded by Council - Awarded to Boyle woman Schafer, the contract was awarded to Boyle Archi- Architectural tectural Associates, 1.501 Quail Street, Newport Beach, Associates in the amount of $17,000.00. The motion carried by the following roll call vote: AYES: COU\TCIL MEMBERS: Hall, Johnson, Hertzog, NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: McFarland, Schafer None None Prohibition Item 20 on the Consent Calendar was presented: recom- of Parking on mendation from the Traffic Commission that parking be Arbor Street prohibited on Arbor Street, from Monrovia Avenue to Dogwood Street, on Tuesdays from 7:00 a.m. to 9:00 a.m., for street sweeping purposes. Sid Soffer, 900 Arbor Street, expressd his opinion that street sweeping is not required on Arbor Street. MOTION On motion by Councilman McFarland, seconded by Vice Resolution 83-102 Mayor Johnson, Resolution 83-102, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON TUESDAYS BETWEEN 7:00 A.M. AND 9:00 A.M. ON A PORTION OF ARBOR STREET FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Later in the meeting under Oral Communications, Bob Langenfeld, 989 Arbor Street, stated that he would like to withdraw his request for the parking prohibition because the parking problems that existed in that area seem to have been alleviated. Mayor Hall recommended that this item be referred back to the Traffic Commission and that Mr. Langenfeld attempt to obtain opinions of other residents on Arbor Street. Councilwoman Hertzog suggested that the homeowners be notified if this matter is referred back to the Traffic Commission. MOTION A motion was made by Councilman McFarland, seconded by Referred Back to Vice Mayor Johnson, to delay implementation of Resolu- Traffic Commission tion 83-102 and to refer this item back to the Traffic Commission. The motion carried 5-0. OLD BUSINESS The Clerk presented for second reading and adoption Ordinance 81-11, to rezone property located at 789 and R-81-06 791 West 18th Street from R2 to R3. Adoption of this Kiter/Gussin Ordinance was held until the Tract Map was recorded and lot combination completed; however, the Development Services Director reported that the Tract Map was not recorded today as anticipated. MOTION On motion by Councilman McFarland, seconded by Council - Held Over woman Hertzog, and carried 5-0, second reading and adoption of Ordinance 81-11 was continued to the meet- ing eeting of November 7, 1983. WARRANTS On motion by Councilwoman Hertzog, seconded by Vice MOTION Mayor Johnson, Warrant Resolution 1227, including Warrant 1227 Payroll 8319, was approved by the following roll call Approved vote: 1 11 1 MOTICN Warrant 1228 Approved MOTION Warrant 1229 Approved CITY MANAGER REPORTS Addition of Full-time Planner II AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilwoman Hertzog, seconded by Vice Mayor Johnson, Warrant Resolution 1228 was approved 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 Hertzog, seconded by Vice Mayor Johnson, Warrant Resolution 1229, including Payroll 8320, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Assistant City Manager requested authorization to add one full-time position of Planner II to the Advance Planning Division because of an increasing list of projects as outlined in the City Manager's memorandum dated October 7, 1983. If approved, this position will be included in the 1983-84 budget. MOTION On motion by Councilwoman Hertzog, seconded by Vice Position Mayor Johnson, authorization was given to add a full - Authorized time position of Planner II as requested by the City Manager. The motion carried 5-0. Fire Station The Assistant City- Manager presented a formula for Participation determining equitable shares in the cost of fire fight- Formula ightFormula ing services in the response area of proposed Fire Station No. 7 on the Sakioka property. The amount of participation will be based on an appraisal of the land dedicated for the fire station and charged to all future development within the station's first response area. Estimated charges using this formula for some proposed developments are outlined in the Fire Marshal's memor- andum of October 7, 1983. MOTICN A motion was made by Councilwoman Schafer, seconded by Formula Vice Mayor Johnson, and carried 5-0, approving the Approved . formula for determining equitable shares in the cost of the new fire station. PUBLIC HEARING The Clerk announced the public hearing, continued from Rehearing of the meeting of September 6, 1983, rehearing of Zone ZE-83-46 Exception ZE-83-46, Arthur and Theresa Martell, 5216-B Martell Seashore Drive, Newport Beach, for a variance fram parking and open space requirements to allow the conver- sion of an existing four-bedroom apartment to one one - bedroom unit and one two-bedrocm unit, thereby expanding the total number of*units for an existing complex from four to five units, located at 200 East 16th Street in an R3 -CP zone. Environmental Determination: Exempt. The Development Services Director reported that Theresa Martell had telephoned earlier in the day and requested that this item be withdrawn. MOTION On motion by Councilman McFarland, seconded by Council - Withdrawn woman Schafer, and carried 5-0, Zone Exception ZE-83-46 was withdrawn as requested by the applicant. 155. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-83-118 set for the public hearing to consider an appeal fram Newport -Mesa School Veronica Grams, of Concerned Citizens of Costa Mesa, District 2767 Lorenzo Avenue, concerning the Planning Commis- sion's approval of Zone Exception ZE-83-118, Newport- Mesa ewportMesa Unified School District, Post Office Box 1368, Newport Beach, for a Conditional Use Permit to allow off-site parking by Pacific Amphitheatre patrons on a seasonal basis, in a car lot containing approximately 1,500 spaces, located at 2650 Fairview Road in an I and R zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. Cammunications in support of the Zone Exception have been received from Jane Hansen, 1055 Cheyenne Street, Costa Mesa, and from Don Champlin, Principal of Costa Mesa High School. The Development Services Director summarized staff's memorandum of October 13, 1983, and reported that the Planning staff reccanmended denial based on the follow- ing concerns: traffic circulation, parking conflicts, and jaywalking. The Planning Commission recommended approval subject to nine conditions, with Condition Nos. 5 and 6 amended. John Gardner,, 2806 Loreto Avenue, Costa Mesa, stated that he was speaking on behalf of the appellant who was unable to attend the meeting. Mr. Gardner indi- cated ndicated that to allow parking at the high school was detrimental to the College. Park residents because of patrons from the Pacific Amphitheatre walking onto their property. He suggested that the school find other means of raising funds. Mayor Hall stated that the City is doing everything possible to alleviate the noise and traffic problems connected with the amphitheatre, and hopefully, a resolution will be found when the new season opens next year. Raymond Schnierer, Business Manager for the Newport -Mesa Unified School District, asked that the Council uphold the Planning Commission's recommendation for approval. He pointed out that Costa Mesa High School is surrounded by 90 acres on one side, Orange Coast College on another side, and 40 acres on a third side; therefore, parking vehicles on the site does not impact residential areas but actually helps to keep those vehicles off residen- tial streets. Mr. Schnierer agreed to all conditions. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his support for approval of the Zone Exception. Anne Kelly, 2736 Mendoza Drive, Costa Mesa, President of the Costa Mesa High School Booster Club, stated that the school needs the parking funds and that the activity is alleviating parking problems in residential areas. Bill Kessel, 1122 Mission Drive, Costa Mesa, spoke in opposition to the amphitheatre being constructed at the Fairgrounds and stated his opinion that off-site park- ing increases the noise,level. Annette Watson, 905 Tanana Place, Costa Mesa, reported that she has been active in monitoring parking at the high school and the patrons did not go into the College Park area but went directly to and from the amphitheatre. 1 John McKibben, 2707 Lorenzo Avenue, Costa Mesa, reported that his property is adjacent to the high school parking lot and that he has not experienced any problems with the vehicle parking project. He contended that the amphitheatre itself is the problem and urged Council to approve the permit. Jane Hansen, 1055 Cheyenne Street, Costa Mesa, stated that the school parking lot has been used for many activities in the past years and there have never been complaints. She further commented that it is much better to have the amphitheatre patrons parking in a supervised, controlled area rather than in residential areas. James -Lusk, 947 Serra Way, Costa Mesa, complained about the litter left by patrons when they leave the amphi theatre, and felt that approval of the permit would only add to the aggravation. Arlene Dowski, 332 Hanover Drive, Costa Mesa, stated that she is not against the booster club; however, she felt that approval of this application would set a precedent for others to also request off-site parking permits. There being no other speakers, the Mayor closed the public hearing. Councilman McFarland expressed his opinion that the application does not impact the neighborhood adversely, and that this permit is only for the remainder of the season, possibly one or two more concerts. Councilwoman Hertzog commented that there is probably only one more concert to be held this season, and that the problems with the amphitheatre should be resolved by next year. MOTION A motion was made by Councilman McFarland, seconded ZE-83-118 by Councilwoman Schafer, to approve Zone Exception Approved ZE-83-118 subject to conditions recommended by the Planning Commission. The motion carried 5-0. RECESS The Mayor declared a recess at 7:50 p.m., and the meet- ing reconvened at 8:05 p.m. PUBLIC BEARING The Clerk announced that this was the time and place Appeal of ZE-83-134 set for the public hearing to consider an appeal of Roberts/Arkush the Planning Commission's denial of Zone Exception ZE-83-134, from J. Randall Roberts, authorized agent for Ellis John Arkush, Jr., 1144 Gleneagles Terrace, for variances from rear yard setback to allow the construction of a shade structure to cover a pool, located at the above address in an R1 zone. Environ- mental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director reviewed staff's memorandum of October 13, 1983, stating that the appel- lant is appealing denial of the variance because the proposed shade structure is a necessary element of the new pool construction. Appellant also objects to Condi- tion ondition No. 2, prohibiting construction of a second story above the first floor shop area. Appellant wants to retain his future right to construct a second story addition to provide quarters for a live-in maid or nurse. 152 The Director continued by stating that residential set- back etback standards have not been reviewed for many years and he felt that certain amendments should be considered. In this case, if the shade structure were detached from the Muse and separated by six feet, it would be permit- ted ermitted to cover 656 square feet of the rear yard; as pro- posed, only 200 square feet of the required rear yard will be covered by the shade structure. If the Zone Exception is approved, staff has recommended that Condition No. 2 be modified to read as follows: "A Land Use Restriction, prepared by the City, signed and notarized by the property owner, shall be recorded to guarantee that a second story addition shall not be added above the proposed shade structure or existing shop, unless an amendment to ZE-83-134 is approved". Randy Roberts, authorized agent and architect for this project, explained that Mr. and Mrs. Arkush both are in their 70's and have many physical problems. As evi- denced videnced by physicians' statements, the pool is needed for physical therapy without exposure to the sun. Mr. Roberts agreed to all conditions including Condition No. 2 as modified. He urged Council for a favorable decision for this request. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the application. There being no other speakers, Mayor Hall closed the public hearing. MOTION A motion was made by Councilwoman Schafer, seconded by ZE-83-134 Councilwoman Hertzog, and carried 5-0, approving Zone Approved Exception ZE-83-134 subject to all conditions, with Condition No. 2 modified as stated above. MOTION On motion by Councilwoman Schafer, seconded by Vice Staff Directed to Mayor Johnson, and carried 5-0, staff was directed to Prepare Amendments prepare amendments to residential setback standards. NEW BUSINESS The Clerk presented Encroachment Permit EP -83-08, Chris R. Stephens, authorized agent for Mar -Elden Development, EP -83-08 Post Office Box 203, Balboa Island, to allow installa- Stephens/Mar-Elden, tion and maintenance of landscaping in the public right- of-way in conjunction with a previously approved seven - unit condominium project at 2603-2607 Elden Avenue and 140 Del Mar Avenue, in an R2 zone. Environmental Deter- mination: Exempt. The applicant was not present. MOTION On motion by Councilman McFarland, seconded by Council - EP -83-08 woman Schafer, and carried 5-0, Encroachment Permit Approved EP -83-08 was approved subject to conditions recommended by the Planning Commission. Extension of Time The Clerk presented a request for extension of time for for ZE-82-132A Zone Exception ZE-82-132A, from California Pacific California Pacific Properties; 3401 West Sunflower Avenue, Santa Ana, for Properties a Planned Development review of a hotel/office canplex, with a Conditional Use Permit for overlapping parking, located at 3088 Bristol Street, in a PDC zone. The Planning Commission recommended approval of extension to November 15, 1984. The applicant was not present. MOTION On motion by Councilman McFarland, seconded by Vice Extension of Mayor Johnson, and carried 4-1, Councilwoman Hertzog Time Approved voting no, approval was given to extend the time for Zone Exception ZE-82-132A to November 15, 1984, as recommended by the Planning Commission. �' 0 ORAL Sid Soffer, 900 Arbor Street, Costa Mesa, commended the COMMUNICATIONS City Attorney on his report on the formula for Fire Station No. 7 participation, and stated that developers Soffer should contribute to this construction. Traffic Accident Frank Hanrahan, 826 Santiago Street, Costa Mesa, carried Litter in four boxes of litter, including flares, which he cleaned up after a traffic accident had occurred. Mr. Hanrahan felt that the police should be responsible for street cleanup after such accidents and asked Council to look into this matter. Edison Company Jim Kennedy, Area Manager for Southern California Edison Hydroelectric Company, 390 East 17th Street, Costa Mesa, reported on Facilities the possible loss of two low-cost hydroelectric facili- ties: Rush Creek Project No. 1389, located near June Lake on the eastern slope of the Sierra Nevada, approxi- mately 60 miles north of Bishop; and Poole Project No. 1388, located on Lee Vining Creek also north of Bishop. Mr. Kennedy stated that Edison has spread the benefits of this low-cost electricity to millions in California and now faces the possibility that these facilities may be taken away by municipal agencies. If the efforts of the municipalities are successful, it would result in the transfer of ownership and operation of these hydroelectric facilities from Edison and would divert low cost power away from millions of Central and Southern California customers for the benefit of a few thousand served by the municipal entities. Mr. Kennedy requested that Council adopt a resolution opposing any transfer of ownership of the hydroelectric facilities and supporting proposed legislation to amend the Federal Power Act so as not to allow municipal pref- erence treatment during relicensing of the facilities. Mayor Hall read the proposed resolution. On motion by MOTION Councilwoman Schafer, seconded by Vice Mayor Johnson, Resolution 83-103 Resolution 83-103, being A RESOLUTION OF THE CITY COUN- Adopted CIL OF THE CITY OF COSTA MESA, CALIFORNIA, IN SUPPORT OF RELICENSING FEDERAL ENERGY REGULATORY COMMISSION HYDROELECTRIC PROJECTS 1388 AND 1389 TO THE SOUTHERN CALIFORNIA EDISON COMPANY, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COWCIL MEMBERS: None COUNCILMAN IC COMMENTS Councilman McFarland expressed concern over a suggestion made at a recent meeting he attended: that there is a Revenue Sharing direct connection between the Segerstrom Bear Street Funds project and distribution of Revenue Sharing Funds. He asked that staff prepare a report as to the status of these funds and that the report be presented at the next Council meeting. The Assistant City Manager assured Councilman McFarland that he would have the report prepared in time for the meeting of November .7. ADJOURNMENT The Mayor declared the meeting adjou ed t :05- -Mayor of the ity of Costa Mesa ATTEST: CClerk of the City of Costa M a