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HomeMy WebLinkAbout06/18/1984 - City CouncilROLL CALL RDGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 18, 1984 The City Council of the City of Costa Mesa, met in regular session on June 18, 1984, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Robert Ewing, South Coast Christian Church. Council Members Present: Hall, Hertzog, McFarland, Schafer Council Members Absent: Johnson Officials Present: City Manager, City Attorney, Acting Develorxment Services Director, Director of Public Services, Deputy City Clerk MINUTES On motion by Councilwoman Schafer, seconded by Council - June 4 and 6,' woman Hertzog, and carried 4-0, the minutes of the 1984 regular meeting of June 4, 1984, and the adjourned meet- ing eeting of June 6, 1984, were approved as distributed and posted. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilwoman Schafer, and carried 4-0, to read all ordinances by title only. CONSENT CALENDAR The following item was removed from the Agenda: Item 11, Final Map for Tract 11779, The Braathen Company. 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 iff1l M40IN COMMUNICATIONS On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, Resolution 84-79, being A RESOLUTION OF Records Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, for Finance AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPART- MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE M0rTION NO. 75-60, was adopted by the following roll call vote: Resolution 84-79 AYES: COUNCIL 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: Claims Claims received by the City Clerk: Southern California Edison Canpany; Attorney Mary A. Matheis on behalf of Margaret Adrian Rice; Attorney John M. Pitkin on behalf of Terje Vaage; and Adeline A. Barry. Alcoholic Beverage Alcoholic Beverage License application for Licenses which parking has been approved by the -Planning staff: Hanna G. Najem, doing business at 3201 Harbor Boulevard. 1 ri Alcoholic Beverage License application which is being protested by the Planning staff because of insufficient parking: Ke X. Nguyen, doing busi- ness at 2300 Harbor Boulevard, Suite 30; BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Leukemia Society Purpose has been received from Leukemia Society of America, Incorporated, Tri -County Chapter, 202 Fashion Lane, Suite 215, Tustin, by soliciting funds September MOTION 17-30, 1984. A motion was made by Councilwoman Schafer, Permit Approved seconded by Councilwoman Hertzog, and carried 4-0, approving the permit with application of Section 9-2341 of the Municipal Code. Women's Active Notice of Intention to Appeal or Solicit for Charitable 20/30 Club Purpose has been received from Women's Active 20/30 Club of Orange County, 1525 South Broadway, Santa Ana, by conducting ticket sales for lunch at the Halecrest MOTION Club on June 24, 1984. A motion was made by Council - Permit Approved woman Schafer, seconded by Councilwoman Hertzog, and carried 4-0, approving the permit with application of Section 9-234J of the Municipal Code. SET FOR PUBLIC HEARING On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 4-0, the following items were set for public hearing on the dates indicated, at 6:30 p.m., in the Council Chambers of City Hall: EIR/GP-84-2A/ July 16, 1984 - Envirormlental Impact Report, R-84-07 General Plan Amendment GP -84-2A, and Rezone Ross/Segerstrom Petition R-84-07, Malcolm Ross, authorized agent for Segerstrom Center, 3315 Fairview Road, Costa Mesa, to amend the land use designation from _ Commercial Center to Urban Center Residential; and to rezone property from C1 -S (Shopping Center District) to PDR -UC (Planned Development Residen- tial - Urban Center), for 12.18 acres located at the southeast corner of Adams Avenue and Mesa Verde Drive East. GP -84-2C July 2, 1984 - General Plan Amendment GP -84-2C, City of Costa Mesa, to amend the land use desig- nation of properties located at 2366-2396 (even numbers) Orange Avenue, 207-245 (odd numbers) Santa Isabel Avenue, 2363-2389 (odd numbers) Carlton Place, and 2364-2388 (odd and even num- bers) Norse Avenue, from Low Density Residential to Medium Density Residential, in an R2 zone. Environmental Determination: Negative Declara- tion. Abandonment on On motion by Councilwoman Schafer, seconded by Council - West 19th Street woman Hertzog, Resolution 84-80, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION DECLARING ITS INTENTION TO ORDER THE VACATION OF SURPLUS Resolution 84-80 CITY RIGHT-OF-WAY LOCATED ON THE NORTH SIDE OF WEST 19TH Adopted Setting STREET, WEST OF HARBOR BOULEVARD, setting a public hear - a Public Hearing ing for July 16, 1984, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Abandonment on On motion by Councilwoman Schafer, seconded by Council - East 17th Street woman Hertzog, Resolution 84-81, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION DECLARING ITS INTENTION TO ORDER THE VACATION OF SURPLUS Resolution 84-81 CITY RIGHT-OF-WAY LOCATED ON THE NORTH SIDE OF EAST 17TH Adopted - Hearing STREET, ADJACENT TO 124 AND 130 EAST 17TH STREET, set- Set etSet ting a public hearing for July 16, 1984, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson REJECTED CLAIMS On motion by Councilwoman Schafer, seconded by Council - State Farm/ woman Hertzog, and carried 4-0, a claim from State Farm Ericksen Insurance Company, on behalf of Donald Ericksen, was rejected. Kimmerle On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 4-0, a claim from Robert Kimmerle was rejected. Bower On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 4-0, an Application for Leave to Present a Late Claim from Bernal L. Bower was denied. ADMINISTRATIVE ACTIONS Bids received for Bid Item 617, Microfilming Services, are on file in the Clerk's office. On motion by Coun- cilwoman Schafer, seconded by Councilwoman Hertzog, MOTION contracts were awarded as follows: Awarded to South Bay Microfilm Primary Vendor - SBI, South Bay Microfilming, Incor- and Orange County porated, doing business as South Microfilm Bay Microfilm, 11520 Coley River Circle, Fountain Valley; and Secondary Vendor - Orange County Microfilm, Incorpor- ated, 1515 South Sunkist Street, Suite B, Anaheim. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Bid Item 622 Bids received for Bid Item 622, One Engine and Exhaust One Engine and Emission Analyzer, are on file in the Clerk's office. Exhaust Emission On motion by Councilwoman Schafer, seconded by Council - Analyzer woman Hertzog, the contract was awarded to Bear Sales and Service, Incorporated, 13161 Rosecrans Avenue, Santa MOTION Fe Springs, in the amount of $18,705.82. The motion Awarded to carried by the,following roll call vote: Bear Sales and AYES: COUNCIL MEMBERS: Hall, Hertzog, Service McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Reconstruction of Bids received for Reconstruction of Alley between Alley between Coriander and Caraway Drives are on file in the Clerk's Coriander and office. On motion by Councilwoman Schafer, seconded by Caraway Drives Councilwoman Hertzog, the contract was awarded to E. C. Construction Company, Incorporated, 2213 North Chico MOTION Avenue, South El Monte, in the amount of $107,219.40. Awarded to The motion carried by the following roll call vote: E. C. Construction AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Rental The City's Housing and Community Development Division Rehabilitation staff submitted a report dated June 18, 1984, concerning Program an amended Rental Rehabilitation Program formulated by the Orange County Housing Authority (HUD). The purpose of this program is to assist in supporting rehabilita- tion of privately owned real property to be used for rental purposes. The program is designed to increase the supply of standard housing units affordable to MOTION lower income families. On motion by Councilwoman Program Schafer, seconded by Councilwoman Hertzog, Council Approved approved the following staff recommendations: (1) Submittal of an application to HUD for the first round of rental rehabilitation funds ($83,900.00). (2) Program guidelines outlining the program description type of assistance available, and neighborhood selection. (3) Entering into a Memorandum of Understanding with the Orange County Housing Authority to be executed by the Mayor which sets forth the responsibilities of the City and HUD, and the procedures to be followed in coordinating the use of certificates/vouchers with rental rehabilitation loans. 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 - Orange Staff has recommended approval of an agreement with the County Community Orange County Community Development Council, Incorpor- Development Council ated, 1440 East First Street, Santa Ana, in the amount of $4,000.00, for cost of fuel to transport senior MOTION citizens from Rea Canmunity Center. On motion by Coun- Agreement cilwaman Schafer, seconded by Councilwoman Hertzog, the Approved 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 Addendum No. 1 The Director of Leisure Services has requested approval Ralph Allen and of Addendum No. 1, in an amount not to exceed $4,240.00, Partners to the contract with Ralph Allen and Partners, 520 North Main Street, Suite 200, Santa Ana. The addendum is for Library Design plans and specifications for the demolition of the existing library building and construction of additional MOTION parking facilities. On motion by Councilwoman Schafer, Addendum seconded by Councilwoman Hertzog, the addendum was Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Annexation to On motion by Councilwaman Schafer, seconded by Council - Landscaping woman Hertzog, Resolution 84-82, being A RESOLUTION OF Assessment THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, District No. 1 ORDERING THE ANNEXATION OF PROPERTY LOCATED WITHIN TRACT 12011 TO CITY OF COSTA MESA LANDSCAPING ASSESSMENT DIS - MOTION TRICT NO. 1, was adopted by the following roll call Resolution 84-82 vote: Adopted AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Appropriations On motion by Councilwanan Schafer, seconded by Council - Limit for 1984-85 wanan Hertzog, Resolution 84-83, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 388 MOTION DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR Resolution 84-83 THE FISCAL YEAR OF 1984-85, IN ACCORDANCE WITH ARTICLE Adopted XIII -B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Agreement Amendment The Assistant City Manager has requested approval of Copley/Colony - an amendment to the agreement with Copley/Colony Financial Cablevision of Costa Mesa, Incorporated, 2960 Harbor Camnitment Boulevard, Suite A, Costa Mesa, in connection with the cable camunications franchise. The amendment is to correct paragraph 11 (a) of the original agreement to MOTION read $615,057.00 instead of $715,057.00. On motion Amendment by Councilwoman Schafer, seconded by Councilwoman Approved Hertzog, the amendment was approved, and the Mayor was 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 Amendment The Assistant City Manager has requested approval of Copley/Colony - an amendment to the agreement with Copley/Colony Security Fund Cablevision of Costa Mesa, Incorporated, 2960 Harbor Boulevard, Suite A, Costa Mesa, in connection with the cable communications franchise. In accordance with the franchise ordinance, the cable operator is required to establish a Security Fund in the amount of $50,000.00. The fund is to cover penalties for substandard perform- ance. The amendment will allow Copley/Colony to deposit MOTION $50,000.00 with the City rather than a financial insti- Amendment tution. On motion by Councilwanan Schafer, seconded by Approved Councilwoman Hertzog, the amendment was approved, and the Mayor was 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 OLD BUSINESS On motion by Councilman McFarland, seconded by Council- wcman Hertzog, Ordinance 84-22, being AN ORDINANCE OF R-84-11 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PARCEL 2 -AS SHOWN ON A MAP MOTION RECORDED IN BOOK 53, PAGE 27 OF PARCEL MAPS, FROM Al Ordinance 84-22 (GENERAL AGRICULTURAL) TO I AND R (INSTITUTIONAL AND Adopted RECREATIONAL, in connection with Rezone Petition R-84-11, for property located at 1001 Sunflower Avenue, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Mini -warehouses On motion by Councilwoman Hertzog, seconded by Council- man McFarland, Ordinance 84-23, being AN ORDINANCE OF MOTION THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 84-23 REGARDING REGULATIONS FOR MINI WAREHOUSES, was given Adopted second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Administrative Changes to Title 13 MOTION Ordinance 84-24 Adopted Nonconformimg Uses On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, Ordinance 84-24, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING.ADMINISTRATIVE CHANGES TO TITLE 13 OF THE COSTA MESA MUNICIPAL CODE, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson The Deputy Clerk presented Ordinance 84-25 concerning nonconforming uses. Sid Soffer, 900 Arbor Street, Costa Mesa, stated he had not had the opportunity to read the ordinance and voiced concern over its impacts. Mayor Hall responded that this ordinance is more liberal than the previous one. MOTION On motion by Councilman McFarland, seconded by Council - Ordinance 84-25 waman Hertzog, Ordinance 84-25, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING NONCONFORMING USES, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Encroachment On motion by Councilwoman Hertzog, seconded by Council - Permits woman Schafer, Ordinance 84-26, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION SETTING FORTH PROCEDURES FOR GRANTING ENCROACHMENT Ordinance 84-26 PERMITS AND DELETING OBSOLETE PROVISIONS REGARDING Adopted VEHICULAR WAYS, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Zoning On motion by Councilwoman Schafer, seconded by Council - Procedures man McFarland, Ordinance 84-27, being AN.ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION RELATING TO ZONING PROCEDURES, was given second reading Ordinance 84-27 and adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Parking for The Deputy Clerk presented a proposal regarding the Performing Arts parking facilities for the Orange County Performing Center Arts Center. The City Manager read a proposed resolution which authorizes and directs the execution of certain agree- ments, and approves participation in public parking - facilities. The City Manager introduced Frank Fargo, Wainright and Ramsey, Incorporated, 1400 "K" Street, Sacramento, financial consultant for the City. Mr. Fargo summarized the parking facilities financing, stating that from both the City's and developer's view- point, the method being proposed this evening vastly improves the previous method which had been discussed over the past two years. It is now proposed that: (1) The City lease the parking facilities site from South Coast Plaza for the terns of the proposed Certificates, or approximately 27 years. (2) The City concurrently lease the site to Center Tower Associates who, as developer, will con- struct the parking facilities with the proceeds from the financing, and operate and maintain it at no cost to the City. (3) Crocker National Bank, as trustee, will receive the proceeds frau the Certificates of Partici- pation and disburse them to the contractor for construction of the parking facilities. Capi- talized interest received from the sale of Certificates will pay interest only until 1987 when regular rental payments will commence, all to be the responsibility of the Center Tower Associates. (4) The transaction will have as its security a letter of credit provided by the Bank of America or an equivalently rated bank. This will make the indemnification agreement necessary. The bank providing the letter of credit will replace the security formerly to be provided by the City. There will be no recourse to the City General Fund. Mr. Fargo reported that this financing method has had prior approval of South Coast Plaza, Center Tower Asso- ciates, the Trustee, the underwriter Bank of America, underwriter counsel, special counsel, and Wainwright and Ramsey. Councilman McFarland commented that the City has not yet reviewed the agreement between the Orange County Performing Arts Center and Center Tower Associates, and stated that unless the Performing Arts Center agrees to what has been offered, he could not vote for adoption of the proposed resolution. At the request of Mayor Hall, Chase McLaughlin, of C. J. Segerstrom and Sons, explained that the agreement has been discussed; however, it has not been signed as yet. He also mentioned that a letter has been written detail- ing the contents of the agreement, and that the agree- ment will be executed prior to funding. The City Manager reported that he, the City Attorney, and the Director of Finance have reviewed the agreement, and it appears to meet the required criteria. He also mentioned that there is no financial responsibility on the part of the City. Mr. Fargo stated that the proposed funding method bene- fits the developer because of a significantly lower interest cost which is approximately three percent less than fixed rate long term certificates. MOTION On motion by Councilman McFarland, seconded by Council - Resolution 84-84 woman Schafer, Resolution 84-84, being A RESOLUTION OF Adopted _ THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING AND DIRECTING EXECUTION OF LEASE AGREEMENT, TRUST AGREEMENT, SECOND ASSIGNMENT AGREEMENT, AND SUB- LEASE AGREEMENT, APPROVING FORM OF OFFICIAL STATEMENT AND SALE OF CERTIFICATES OF PARTICIPATION WITH RESPECT TO PUBLIC PARKING FACILITIES, AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTION, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson 7 MOTION A motion was made by Councilman McFarland, seconded by Directed Agreement Councilwoman Schafer, directing that the agreement be Reviewed by between the Orange County Performing Arts Center and City Center Tower Associates be submitted for review by City officials before funding is finalized. The motion car- ried 4-0. Amendment to Mr. Fargo suggested a slight change of wording for Resolution 84-84 Resolution 84-84, Section 5, Sale of Certificates, first two lines: delete the words, "The City Council hereby directs the sale of the Certificates to the Placement Agent", and in their place insert, "The City Council hereby directs the trustee to deliver the Certificates to the Placement Agent". MOTION Councilman McFarland amended his motion for adoption Amendment of Resolution 84-84 by incorporating Mr. Fargo's Approved recammended change. The amended motion was seconded by Councilwoman Schafer, and carried 4-0. On motion by Councilwoman Hertzog, seconded by Council- Noise ordinance The City Attorney presented amendments to the City's noise ordinance which are detailed in his memorandum dated June 18, 1984. The modifications adopt the major man McFarland, Warrant Resolution 1253, including MOTION Payroll 8411, was approved by the following roll call Warrant 1253 vote: Approved AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson CITY ATTORNEY REPORTS The City Attorney presented a proposed ordinance which deletes Section 9-77 of the Municipal Code regarding Deleting Auction auction license fees. He reported that the State has License Fees formed the California Auctioneer Commission which regulates auctions and auctioneers. Since one of the provisions of the Commission established that local agencies may no longer require auctioneers to pay special fees directly related to auctions, it is neces- sary to delete Municipal Code Section 9-77. MOTION On motion by Councilwoman Schafer, seconded by Council - Ordinance 84-28 woman Hertzog, Ordinance 84-28, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading DELETING SECTION 9-77 OF THE COSTA MESA MUNICIPAL CODE WHICH REQUIRES LICENSE FEES FOR CONDUCTING AUCTIONS WITHIN THE CITY OF COSTA MESA, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Elsefy The City Attorney referred to his confidential memoran- Lawsuit dun of June 1, 1984, in which he recommended that the City settle the Elsefy lawsuit for $5,000.00 plus one - MOTION half of the costs incurred by the plaintiff. On motion Settlement by Councilman McFarland, seconded by Councilwoman Authorized Schafer, authorization was given to settle the case as recaYmended by the City Attorney. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson Noise ordinance The City Attorney presented amendments to the City's noise ordinance which are detailed in his memorandum dated June 18, 1984. The modifications adopt the major portions of the County's noise ordinance along with two significant improvements. First, the maximum fine for each violation has been increased from $500.00 to $1,000.00. Second, the language has been changed so that it is now clear that each time the noise from the Pacific Amphitheatre violates one of the five categories (combining decibel level and cumulative time period), it will be considered a separate violation. The City Attorney pointed out that the first line of Paragraph 6, Exhibit "A", should read, "Orange County Code Section 4-6-6". The City Attorney recommended that the ordinance be adopted as an urgency measure so that the City will have an effective noise ordinance that can be applied by the next Amphitheatre concert. MOTION on motion by Councilman McFarland, seconded by Council - Urgency woman Hertzog, Urgency ordinance 84-29, being AN ORDI- ordinance 84-29 NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Adopted CALIFORNIA, AMENDING THE COSTA MESA MUNICIPAL CODE RELATING TO RESIDENTIAL NOISE CONTROL, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: ODUNCIL MEMBERS: Johnson City Budget The City Manager presented the 1984-85 City Budget for 1984-85 public discussion. The total appropriation for opera- tions and capital improvements is $41,528,600.00 which represents a four percent increase compared to the adjusted 1983-84 Budget. The appropriation for opera- tions is $32,426,285.00, and $9,102,315.00 for capital improvements. This represents an increase of 2.4 per- cent and 9.8 percent, respectively. The Budget reflects a net increase of 10 fulltime employees. The document does not include any salary adjustments other than normal merit increases, promotions, or reclassifica- tions. Possible salary adjustments for employees represented by the three employee associations cannot be included until after discussions have been completed and recommendations made to the City Council. The City Manager recommended adoption of the Budget as presented. Ann Mound, 3128 Country Club Drive, and Don Smallwood, 1981 Kornat Drive, Costa Mesa, representing South Coast Repertory (SCR) Theatre, spoke in support of SCR's request for a $20,000.00 donation from the City. In previous years, the City has contributed $10,000.00. They both mentioned the various activities conducted by SCR for all age groups, and reported that because of a planned expansion, a larger rehearsal site is needed. Music Director John Granger, 2610 Manly Avenue, Santa Ana, spoke on behalf of the South Coast Symphony, and made a request for a donation of $40,000.00 to assist in the various programs conducted by this nonprofit organization. Mrs. Michael Weisshaas, 167 Cabrillo Street, Costa Mesa, also spoke in support of a donation to the South Coast Symphony. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that since the City did not sponsor the Police Department's "Cop Bowl" because of insurance costs, donations should not be given to these organizations. Arlene Dowski, 332 Hanover Drive, Costa Mesa, resident of the College Park area, referred to the proposed 1984-85 Budget, reading the areas where the drainage funds are to be spent. She felt that the money being allocated for the College Park area is not enough to resolve the drainage problem. Mrs. Dowski stated that unless the drainage is improved within the Orange Coast College property, the College Park area will still be in danger of flooding. The City Manager responded that a meeting has been scheduled for the next day, Tuesday, June 19, with representatives of the Coast Community College District to discuss an additional easement at Orange Coast Col- lege so that a more adequate drainage system can be constructed. Lengthy discussion was held concerning the time schedule for the proposed drainage improvements and the priori- ties established by Council. Mayor Hall stated that he felt confident that the College District will cooperate in granting the additional easement which the City is requesting. The Mayor explained that the City cannot commit funds for the Orange Coast College easement until after the meeting with the College District representatives. The City Manager asked for Council's input concerning the funding requests from the South Coast Repertory (SCR) Theatre and the South Coast Symphony. He reported that $30,000.00 has been budgeted for cultural contribu- tions, of which $10,000.00 is to go to SCR. Councilwoman Hertzog suggested that before a determina- tion is made on these requests, that Council discuss the possibility of establishing a policy for cultural art& contributions. 'She stated that if a policy were established, these organizations would not have to cane before Council each year with a presentation. Cultural Arts All Council Members agreed to schedule the cultural Referred to arts issue for the Study Session of July 9, 1984, which Study Session will be held at 2:00 p.m., in the fifth floor Conference Roam of City Hall. MOTION A motion was made by Councilman McFarland, seconded by Budget Adopted Councilwoman Schafer, adopting -the 1984-85 City Budget as presented. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson RECESS The Mayor declared a recess at 8:35 p.m., and the meet- ing eeting reconvened at 8:45 p.m. PUBLIC HEARING The Deputy Clerk announced the public hearing, continued Appeal of ZE-84-88 from the meeting of June 4, 1984, to consider an appeal Heath/Butler of the Planning Commission's denial of Zone Exception ZE-84-88, from W. Heath and Company, in care of Ormonde Butler, 3225 Lacy Street, Los Angeles, for a variance from the Sign Ordinance at 2680 Newport Boulevard in a C2 zone. Environmental Determination: Exempt. The Acting Development Services Director summarized the Planning staff's memorandum of June 14, 1984, which advises that as modified by the appellant, the ground sign is 10 feet high, with a sign area of 20 square feet, and a letter height of 24 inches. This modified Q,l sign complies with Code requirements for letter height but exceeds allowable sign height by 3 feet and sign area by 5 square feet. The appellant has stated that the sign height and sign area are necessary to provide adequate sign visibility. Staff has recammended approval of the modified ground sign subject to the following conditions: (1) The approved ground sign shall not exceed 7 feet in height, 20 square feet in sign area, and 24 inches letter height; and the sign shall incorporate the street address of the site and numerals 12 inches in height. (2) No wall signs shall be permitted. (3) A sign permit shall be obtained from the Planning Division for the approved sign. (4) Parking for all U -haul vehicles shall be limited to spaces designated for vehicle storage on the approved site plan; no parking shall be permitted in the front setback, or the public right-of-way, or off-site. The appellant, Ormonde Butler, was present and expressed opposition to Condition No. 2. He also stated that it was necessary to have the sign 10 feet high to enable motorists on Newport Boulevard to see it. Bill Guthrie, owner of the business, also asked that his requested signage be approved, that is, the 10 -foot height and deletion of Condition No. 2. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in sup- port of the appellant's request. There being no other speakers, the Mayor closed the public hearing. MOTION After Council discussion, a motion was made by Council- ZE-84-88 man McFarland, seconded by Councilwoman Hertzog, to Approved approve Zone Exception ZE-84-88 subject to conditions amended as follows: Modify Condition No. 1 changing the height of the sign to 10 feet; and delete Condition No. 2. Conditions No. 3 and No. 4 are to remain the same as shown above. The motion carried 4-0. PUBLIC HEARING The Deputy Clerk announced the public hearing for an Appeal of TP -84-01 appeal of the Planning Commission's denial of Temporary Gallup Trailer Permit TP -84-01, from Merrill and Madelene Gallup, 2958 North Baker Street, Costa Mesa, to allow storage of a 30 -foot trailer in the back yard of an existing residence at the above address in an Rl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. Two communications opposing storage of the trailer have been received: Larry Smith, Relocation Administrator, MacNab -Irvine Realty, No. 2 Civic Plaza, Suite 150, Newport Beach, representing the owners of property at 2954 Baker Street; and David and Janie Bourke, 2949 Ellesmere Avenue, whose property is directly behind the appellants' property. The Acting Development Services Director reviewed staff's memorandum of June 13, 1984, which states that denial by the Carnmission was based on findings that the trailer is not condusive to the residential zone and is J C obtrusive to the surrounding homeowners and the value of their houses. Staff suggests that the trailer is a canmercial type vehicle and its storage on a resi- dential property is incanpatible with the surrounding residential properties. The Planning Cammission recamnended that the trailer and all illegal utility connections be removed within 30 days of City Council action. Lucy Semeniuk, 6801 Seashore Drive, Newport Beach, representing the appellants, stated that the Gallups have endeavored to improve the property; however, because of problems with the contractor who is doing interior improvements, furniture and other household items have been stored in the trailer. She mentioned that a lawsuit is pending in connection with this remodeling project. Ms. Semeniuk also reported that the appellants have lowered the trailer and painted it to match the house. She asked that the Council allow the trailer to remain until after remodeling has been canpleted and the lawsuit settled, and estimated a time frame of 6 to 12 months. Dick Kanpf, 2934 Baker Street, supported the request to allow the trailer to remain. He camnended the appellants for other improvements they have made on their property and felt that the trailer couldn't be as offensive as sane neighbors have stated. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his opinion that the trailer should be allowed to remain until remodeling has been completed. Don Iaccboni, 2943 Baker Street, agreed with the two previous speakers, and stated that he was not aware of the trailer being on the property until he received the Notice of Public Hearing. There being no other speakers, the Mayor closed the public hearing. Council discussion followed, primarily concerning the amount of time that will be allowed to remove the MOTION trailer. A motion was made by Councilman McFarland, TP -84-01 seconded by Councilwoman Hertzog, denying Temporary Denied Trailer Permit TP -84-01, and ordering removal of the trailer and all illegal utility connections within 120 days frau this action. Mayor Hall made a substitute motion to deny the permit and allow 180 days for removal of the trailer. The motion died for lack of a second. Councilman McFarland's original motion carried 3-1, Mayor Hall voting no. PUBLIC HEARING The Deputy Clerk presented the public hearing to Appeal of ZE-79-49A consider an appeal of the Planning Ca mission's denial Heath/Butler of Zone Exception ZE-79-49A fram W. Heath and Company, in care of Ormonde Butler, 3225 Lacy Street, Los Angeles, authorized agent for South Coast Executive Park, 16168 Beach Boulevard, Suite 200, Huntington Beach, for an amendment to a Planned Signing Program at 1503 South Coast Drive in a CL zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Acting Development Services Director reported that the requested amendment is to allow installation of a top story sign to identify one major tenant. The Planning Commission denied the request based on findings that the signage would allow substantially greater visi- bility for only one tenant; that the Planned Signing Program adopted for this site already provides for the individual identification of tenants, distributed in an equitable manner; and that the amendment is not consistent with the intent of the Sign Ordinance nor the General Plan. The Planned Signing Program already permits a top story sign on this facade of the building; however, the sign includes the street address and street name of the site, allowing for the identification of the building to the benefit of all tenants. Ormonde Butler, the appellant, stated that a first floor sign is not adequate for the major tenant at this site and suggested that a third floor sign can be seen from the freeway. Steve Dodge, representing South Coast Executive Park, stated that the Harris Corporation is the major tenant and the lease with them depends upon location of the sign. The Acting Development Services Director mentioned that property owners of Cambridge Park, 3505 Cadillac'Avenue, Harbor Gateway, 3351 Harbor Boulevard, and Canadian Indemnity, 3350 Harbor Boulevard, have all requested second and third story signs and have all been denied on the grounds that these signs were inconsistent with the intent of the Sign Ordinance and were a grant of special privilege. Mr. Butler commented that the Los Angeles Times build- ing has a sign high enough to be seen from the freeway. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, spoke in support of the requested sign program amend- ment, and expressed opposition to the Sign Ordinance. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the sign ordinance is causing too many problems. There being no other speakers, the Mayor closed the public hearing. Councilwoman Hertzog commented that the building has been at that location for five years and no one seems to have had a problem locating it. She also mentioned that the owners were aware of the signage from the beginning. Councilman McFarland agreed with the comments made by Councilwoman Hertzog, and added that if this were a retail business, he could understand the need for the requested signage. Mayor Hall stated his opinion that using a prestigious name for the building identification would be beneficial to all tenants. MOTION A motion was made by Councilwoman Schafer, seconded by ZE-79-49A Councilwoman Hertzog, to deny Zone Exception ZE-79-49A Denied as recommended by the Planning Commission. The motion carried 3-1, Mayor Hall voting no. NEW BUSINESS The Mayor presented Zone Exception ZE-84-101, Malcolm ZE-84-101 Ross, authorized agent for South Coast Plaza, 3315 Ross/South Fairview Road, Costa Mesa, for a Planned Development Coast Plaza Review of a shopping center containing 690,000 square feet, with variances from the amount of parking, stall J width, and aisle dimension requirements, located at 3333 Bear Street in a PDC zone. Environmental Deter- mination: Environmental Impact Report accepted for General Plan Amendment GP -83-2A. A communication has been received frau Malcolm Ross requesting that this item be continued to the meeting of July 2, 1984. MOTION On motion by Councilman McFarland, seconded by Council - Held Over woman Hertzog, and carried 4-0, this item was continued as requested by the applicant. ORAL Barbara Halverson, 289 Bowling Green Drive, Costa Mesa, COMMUNICATIONS resident.of the College Park area, presented a petition signed by 25 residents of Bowling Green Drive, request- Permit equestPermit Parking on ing that their street be deleted frau the 24-hour permit Bowling Green Drive parking zone. MOTION A motion was made by Councilwanan Schafer, seconded by Bowling Green Drive Councilwoman Hertzog, and carried 4-0, deleting the 200 Deleted from Permit block of Bowling Green Drive from the 24-hour permit Parking Zone parking only area. COUNCILMANIC Councilwoman Hertzog stated that the Mayor had requested COMMENTS that she gather information for coordination of the Senior Citizens programs within the City. As requested by Councilwanan Hertzog, the Council Members agreed to schedule this item for the Study Session of August 13, 1984. ADJOURNMENT The Mayor declared the meeting ed at 10:25 p.m. Mayor of -the-City of Costa Mesa ATTEST: AA.. CA.,.. �A A A I ityjfffeft'of the City of Cost Mesa