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HomeMy WebLinkAbout07/02/1984 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 2, 1984 The City Council of the City of Costa Mesa, met in regular session on July 2, 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 Carl Omaye, Orange Coast Free Methodist Church. ROLL CALL Council Members Present: Hall, Johnson, Hertzog, McFarland, Schafer Council Members Absent: None Officials Present: Assistant City Manager, City Attorney, Acting Development Services Director, Director of Public Services, Deputy City Clerk MINUTES On motion by Councilwoman Schafer, seconded by Vice June 18, 1984 Mayor Johnson, and carried 5-0, the minutes of the regular meeting of June 18, 1984, were approved as distributed and posted. ORDINANCES A motion was made by Vice Mayor Johnson, seconded by Councilwoman Hertzog, and carried 5-01 to read all ordinances by title only. Japan Karate Jacki Long, representing the Japan Karate Federation, Federation introduced sane of the students who are studying karate through the Federation and the City's Leisure Services Department. Classes are held at Balearic Center. Nine- teen students have qualified to canpete in the AAU Karate Junior National Championship in Pittsburgh, Pennsylvania, July 21 and 22, 1984. She reported that seven students competed last year in Elizabeth, New Jersey, and returned hane with seven medals, Ms. Long stated that the reason for the group's attend- ance this evening was to solicit a donation frau the City to sponsor students who have not been -able to raise the required funds to ccnpete in the=event. Each student needs $500.00 to cover air fare, room and board, and entry fees. MOTION After brief discussion, a motion was made by Vice Mayor Donation Johnson, seconded by Councilwanan Schafer, approving a Authorized donation of $500.00 frau the City's advertising and pramotional fund, and authorizing the Assistant City Manager to have a manual warrant issued as soon as possible. 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 CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 2, Request for fund solicitation frau the Lions Club; and Item 6, Resolution setting a public hearing to consider abandonment of public right-of-way on Laurie Lane. 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, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the following Reading Folder Items were received and processed: Claims Claims received by the City Clerk: Billy G. McKnight; Attorney Bruce A. Friedman on behalf of Linda Cooper; Allstate Insurance Company on behalf of Pamela R. Lightfoot; and Application for Leave to Present a Late Claim from Attorney Garrett S. Gregor on,behalf of Stanley John Vossler. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Lindcot, Incorporated, doing business at 2200-02 Newport Boulevard; James Murray, doing business at 1565 Adams Avenue; and Federated Department Stores, Incorporated, doing business as I. Magnin, 3333 Bristol Street. Alcoholic Beverage License application which is being protested by the Planning staff because of insufficient parking: Richard Anthony Monsour, doing business at 2831-A Bristol Street. Public Utilities Notices from the Public Utilities Commission Commission concerning the following applications: Certificate of Public Convenience and Necessity from Gerard B. O'Connell, Pacific Coast Sight- seeing ightseeing Tours, Limited, 11752 Garden Grove Boule- vard, Suite 214, Garden Grove, to operate a passenger service between the cities of Garden Grove, Costa Mesa, Newport Beach, Irvine, and the County of Orange. Request from Doreen A. Burchett, Newport Beach Rentals/tiburs, Incorporated, doing business as Air -Cruises -Tours Shuttle, 2156 Newport Boule- vard, Costa Mesa, for authority to operate as a passenger stage corporation between points in Orange County and Ontario International Airport. PERMIT A request has been received from Valerie Torelli, Select Properties, 3130 Harbor Boulevard, Costa Mesa, for Torelli permission to use Tanager Park on August 4, 1984, to hold a picnic as a fund raiser for Children's Hospital MOTION of Orange County (CHOC). On motion by Councilwoman Request Schafer, seconded by Councilwaman Hertzog, and carried Approved 5-0, the request was approved subject to conditions recamnended by the Director of Leisure Services. SET FOR PUBLIC On motion by Councilwoman Schafer, seconded by Council - HEARING woman Hertzog, and carried 5-0, the following items were set for public hearing July 16, 1984, at 6:30 p.m., in the Council Chambers of City Hall: R-84-12 Rezone Petition R-84-12, Adrian Young, authorized Ray agent for Michael D. Ray, 2699 White Read, Suite 150, Irvine, for permission to rezone property at 867-877 West 19th Street from R3 to R4. Environmental Determination: Negative Declara- tion. Amendment to Proposed ordinance amending Title 13 of the Title 13 Municipal Code to allow beauty and barber shops in the CL zone; require a Conditional Use Permit for restaurants within 200 feet of residentially zoned property; require handicap parking in conformance with California Administrative Code; and provide that properties in the Ml zone be processed according to regulations for the MG zone. Environmental Determination: Exempt. REJECTED CLAIM Browne ADMINISTRATIVE ACTIONS Bid Item 621 Heating and Air Conditioning MOTION Awarded to Honeywell On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the claim from Roy William Browne, Jr., was rejected. Bids received for Bid Item 621, Heating and Air Condi- tioning Services for City Buildings, are on file in the Clerk's office. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, the contract was awarded to Honeywell, Incorporated, 3176 Pullman Street, Suite 5-109, Costa Mesa, in the amount of $2,910.00 per month. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None 1983-84 Slurry Bids received for the 1983-84 Slurry Seal Program are Seal Program on file in the Clerk's office. On motion by Council- woman Schafer, seconded by Councilwoman Hertzog, the MOTION contract was awarded to Slurry Mix Company, Incorpor- Awarded to ated, 5500 East Second Street, Long Beach, in the amount Slurry Mix of $129,960.90. 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 Storm Drain One bid received for Construction of Storm Drain Improvements - Improvements for Republic Avenue, National Avenue, and Republic/National/ President Place is on file in the Clerk's office. On President motion by Councilwoman Schafer, seconded by Council- woman Hertzog, the contract was awarded to Matt J. MOTION Zaich and Sons, Incorporated, 309 West Broadway, Awarded to Glendale, in the amount of $158,000.00. The motion Matt J. Zaich carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Contract Renewal The Director of Public Services has recommended renewal with Signal of the traffic signal maintenance contract, Bid Item Maintenance - 456 "A", with Signal Maintenance, Incorporated, 2720 Bid Item 456 "A" East Regal Park Drive, Anaheim, in the amount of $50.30 per month per intersection, plus a 4.6 percent increase in costs for extra work. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, the contract renewal was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Contract Renewal McFarland, Schafer Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Appointment to The City Manager has recommended appointment of Patricia Orange County David, Administrative Assistant, to the Orange County Housing Commission Advisory Committee to the Orange County Housing Commis - Advisory Committee sion. Each jurisdiction has a representative to serve on the Committee which considers and recommends such 1 40i! matters as application for Section 8 existing units; sub -allocation of rental assistance to meet local hous- ing assistance goals, and proposals for new or expanded programs to meet needs of lower income households in the MOTION County. On motion by Councilwoman Schafer, seconded by Patricia David Councilwoman Hertzog, and carried 5-0, Mrs. David was Appointed to appointed to the Advisory Committee as recommended by Committee the City Manager. Underground Storage On motion by Councilwoman Schafer, seconded by Council - of Hazardous woman Hertzog, Ordinance 84-30, being AN ORDINANCE OF Materials THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING UNDERGROUND STORAGE TANKS CONTAINING HAZARD - MOTION OUS MATERIALS, was given first reading and passed to Ordinance 84-30 second reading by the following roll call vote: Given First AYES:_ COUNCIL MEMBERS: Hall, Johnson, Hertzog, Reading McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "A" The Director of Public Services has requested approval Boyle Engineering of Change Order "A", in the amount of $5,200.00, to the contract with Boyle Engineering Corporation, 1501 Quail Interim Drainage Street, Newport Beach, for additional design work on the .Improvements - "Upper FO 3, Reach No. 4" storm drain, in connection "Upper FO 3, with Interim Drainage Improvements. The additional work Reach No. 4" was requested by City staff and will enable construction of a box culvert across Merrimac Way in conjunction with the Hanover Drive to Merrimac Way construction MOTION design. On motion by Councilwoman Schafer, seconded by Change Order Councilwoman Hertzog, the change order was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "A" The Director of Public Services has requested approval Boyle Architectural of Change Order "A", in the amount of $4,000.00, to the Associates contract with Boyle Architectural Associates, 1501 Quail Street, Newport Beach, for design of the corpora - Corporation Yard tion yard modification project. The change order will Modification include the bidding and construction phase administra- tion along with the the existing design contract. On MOTION motion by Councilwoman Schafer, seconded by Council - Change Order woman Hertzog, the change order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None SB 821 Funds for On motion by Councilwoman Schafer, seconded by Council- Bicycle/Pedestrian woman Hertzog, Resolution 84-86, being A RESOLUTION OF Facilities THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING TRANSFER OF 1984-85 LOCALLY APPORTIONED MOTION BICYCLE AND PEDESTRIAN FUNDS UNDER SB 821 TO THE COUNTY Resolution 84-86 OF ORANGE, FOR PARTICIPATION IN CONSTRUCTION OF A Adopted BICYCLE/PEDESTRIAN BRIDGE OVER THE SANTA ANA RIVER IN THE VICINITY OF FAIRVIEW REGIONAL PARK, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AHFP On motion by Councilwoman Schafer, seconded by Council - Participation woman Hertzog, Resolution 84-87, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ESTABLISHING THE QUALIFICATION OF THE CITY OF COSTA MESA Resolution 84-87 FOR PARTICIPATION IN THE ORANGE COUNTY ARTERIAL HIGHWAY Adopted FINANCING PROGRAM, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Reimbursement The Director of Public Services has requested approval Agreement - of a Reimbursement Agreement with Norm's Restaurant, Norm's Restaurant Post Office Box 160, Long Beach, in the amount of $140,000.00, for construction of street improvements at Harbor Boulevard and Victoria Street, in conjunction with Development Review DR -83-18, for construction of a new Norm's Restaurant. The City requested that the developer coordinate construction of the necessary Master Plan of Highways work, consisting of a right turn lane on Harbor Boulevard at Victoria Street, and widening along Victoria Street to its ultimate width. MOTION On motion by Councilwoman Schafer, seconded by Council - Agreement woman Hertzog, the agreement was approved, and the Approved 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, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Reimbursement The Director of Public Services has requested approval Agreement - of a Reimbursement Agreement with Union Oil Company, Union Oil 911 Wilshire Boulevard, Suite 1315, Los Angeles, in the amount of $75,000.00, for construction of street improvements at Harbor Boulevard and Wilson Street, in conjunction with Zone Exception ZE-83-150, for construc- tion of a new Union Service Station. The City requested that the developer coordinate construction of the neces- sary Master Plan of Highways work, consisting of a right turn lane on Harbor Boulevard at Wilson Street, and widening along Wilson street to its ultimate width. MOTION On motion by Councilwoman Schafer, seconded by Council - Agreement woman Hertzog, the agreement was approved, and the Approved 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, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of At the request of the Orange County Transit District, Parking for Bus the Traffic Commission has recommended that parking be Stop on Orange prohibited on the west side of Orange Avenue, south of Avenue 19th Street for a distance of 150 feet, for installa- tion of a bus stop. On motion by Councilwoman Schafer, MOTION seconded by Councilwoman Hertzog, Resolution 84-88, Resolution 84-88 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Adopted COSTA MESA, CALIFORNIA, ESTABLISHING A BUS STOP WITHIN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Crossing Guards at The Traffic Commission has recatmended placement of Various Locations salaried crossing guards at Santa Ana Avenue/Rose Lane, Pomona Avenue/Hamilton Street, and Placentia Avenue/ Wilson Street. The student pedestrian count at these 1 1 n locations far exceed the warrant requirements of the MOTION State of California. On motion by Councilwoman Schafer, Crossing Guards seconded by Councilwoman Hertzog, and carried 5-0, the Approved recannendation for placement of crossing guards was approved. ZE-83-60 The improvements at 1951 Newport Boulevard have been Improvements completed to the satisfaction of the Director of Public - Lin Services by Mike Shu Chih Lin, 15369 Calle Pespensero, Hacienda Heights, in conjunction with Zone Exception MOTION ZE-83=60. On motion by Councilwoman Schafer, seconded Work Accepted by Councilwoman Hertzog, the work was accepted and the at Fire Station bonds were ordered exonerated. The motion carried by No. 4 the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, MOTION McFarland, Schafer Work Accepted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of The Paularino Park Picnic Shelter and Fire Station No. 4 Campletion Irrigation Project have been completed to the satisfac- R. G. Construction tion of the Director of Leisure Services by R. G. Construction Company, 1404-A South Ritchey Street, Santa Paularino Park Ana. On motion by Councilwanan Schafer, seconded by Shelter/Irrigation Councilwoman Hertzog, the work was accepted; the Clerk at Fire Station was authorized to file a Notice of Campletion; Council No. 4 ordered the exoneration of the Performance Bond and Labor Material Bond, and authorized release of the MOTION retention funds 35 days after the Notice of Completion Work Accepted has been filed. 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. Notice of The Parking Lot Renovation at Balearic Center has been Campletion campleted to the satisfaction of the Director of Leisure R. G. Construction Services by R. G. Construction Canpany, 1404-A South Ritchey Street, Santa Ana. On motion by Councilwoman Parking Lot Schafer, seconded by Councilwoman Hertzog, the work was Renovation at accepted; the Clerk was authorized to file a Notice of Balearic Center Canpletion; Council ordered the exoneration of the Performance Bond and Labor Material Bond, and authorized MOTION release of the retention funds 35 days after the Notice Work Accepted of Completion has been filed. 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 Tallmantz Aviation Helicopter Maintenance MOTION Agreement Approved BUSINESS PERMIT Lions Club The Chief of Police has requested approval of the annual agreement with Tallmantz Aviation, Incorporated, 19711 South Airport Way, Santa Ana, in the amount of $63.80 per flight hour excluding fuel and oil, for helicopter maintenance. A motion was made by Councilwoman Schafer, seconded by Councilwoman Hertzog, approving the agree- ment. 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 Item 2 on the Consent Calendar was presented: Notice of Intention to Appeal or Solicit for Charitable Purpose from the Costa Mesa -Orange Coast Lions Club, 290 Prince- ton Drive, Costa Mesa, by holding a three-day arts and crafts fair at Harbor Shopping Center, July 13 through 15, 1984. Z1 The applicant has requested waiver of the daily business license tax, at the rate of $10.00 per day per vendor, as.required by Municipal Code Section 9-92. In a memorandum dated June 20, 1984, staff has recom- mended ecapmended that the request for waiver of fees be denied. Jim Ballinger, representing the Lions Club, stated that since the fair is a refined swap meet, it should be treated in that manner, and suggested that the City's ordinance be amended. In answering questions from the Council, Mr. Ballinger reported that 10 to 25 exhibitors are expected, and that the average amount of sales for each should range from $400.00 to $500.00. He stated that three or four members of the Lions Club are involved, and that solicitation of exhibitors is done by Star Attractions, who charge $25.00 per vendor. During further discussion, the Assistant City Manager stated that there are several classifications and various fees for retail businesses, and pointed out that this is not a retail venture. He also commented that the City has discouraged itinerant sales in the past, and there are already swap meets operating within the City. The Revenue Supervisor was present to answer questions from the Council regarding permanent retail sales fees, and mentioned that an arts and crafts fair in a shop- ping center has not been held in the City for several years. He mentioned that an art fair was last held by an Art League at South Coast Plaza several years ago. Councilwoman Hertzog expressed her opposition to waiving the fees, stating that swap meets are now being held in the City which the applicant could utilize. MOTION A motion was made by Councilwoman Hertzog, seconded by Permit Approved Councilwoman Schafer, to approve the application without without Waiver the fees being waived. The motion carried 3-2, Council of Fees Members Hall and Johnson voting no. Abandonment Item 6 on the Consent Calendar was presented: A resolu- on Laurie Lane tion setting a public hearing to consider abandonment of public right-of-way on the east side of Laurie Lane. Bob Yoder, 155 Buoy Street, resident of the neighbor- hood where the proposed abandonment is located, asked if the public hearing will be meaningful inasmuch as the developer of the senior citizens project is proceed- ing with installation of the sidewalk. He stated that it appears to him that either the developer is taking a chance by proceeding with the work, or he has had assurances from the City that the abandonment will be approved. Mayor Hall responded that the City has not cammitted itself to approval of the abandonment and no decision will be made until the public hearing. Councilwoman Hertzog requested that staff contact the developer to remind him that the abandonment has not been approved and that further work in the public right-of-way should cease. MOTION On motion by Councilwoman Schafer, seconded by Vice Resolution 84-85 Mayor Johnson, Resolution 84-85, being A RESOLUTION OF Adopted Setting THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, a Public Hearing DECLARING ITS INTENTION TO ORDER THE VACATION OF SURPLUS 1 A caiununication has been received from the applicant requesting another continuance because legal documenta- tion required before the final specific plan hearing will require an additional two weeks. MOTION CITY RIGHT-OF-WAY LOCATED ALONG THE EAST SIDE OF LAURIE Held Over LANE, setting a public hearing for August 6, 1984, at 6:30 p.m., was adopted by the following roll call vote: WARRANT'S AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, MOTION McFarland, Schafer Warrant 1254 NOES: COUNCIL MEMBERS: None Approved ABSENT: COUNCIL MEMBERS: None OLD BUSINESS AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, The City Attorney presented Ordinance 84-28, which Municipal Code would delete Section 9-77 of the Costa Mesa Municipal Section 9-77 Code requiring license fees for conducting auctions, Ordinance 84-28 and requested that the ordinance not be adopted. He MOTION reported that as long as the City construes this ordi- Warrant 1255 nance as not having any impact or effect on the profes- Approved sional licensing of auctioneers and auction houses, the City can collect the business license fee and not have Section 9-77 pre-empted by the new State laws regulating auction canpanies and auctioneers. MOTION On motion by Vice Mayor Johnson, seconded by Council - Ordinance woman Hertzog, and carried 5-0, Ordinance 84-28 was Withdrawn withdrawn. ZE-84-101 The Deputy Clerk presented from the meeting of June 18, South Coast 1984, Zone Exception ZE-84-101, Malcolm Ross, authorized Plaza agent for South Coast Plaza, 3315 Fairview Road, Costa Mesa, for a Planned Development Review of a shopping center containing 690,000 square feet, with variances fran the amount of parking, stall width, and aisle dimension requirements, located at 3333 Bear Street in a PDC zone. Environmental Determination: Environ- mental Impact Report accepted for General Plan Amendment GP -83-2A. A caiununication has been received from the applicant requesting another continuance because legal documenta- tion required before the final specific plan hearing will require an additional two weeks. MOTION On motion by Councilwoman Schafer, seconded by Council - Held Over woman Hertzog, and carried 5-0, this item was continued to the meeting of July 16, 1984. WARRANT'S On motion by Councilwoman Hertzog, seconded by Vice MOTION Mayor Johnson, Warrant Resolution 1254, including Warrant 1254 Payroll 8412, was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilwoman Hertzog, seconded by Vice MOTION Mayor Johnson, Warrant Resolution 1255 was approved by Warrant 1255 the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The Assistant City Manager presented staff's recammenda- REPORTS tions naming nine Costa Mesa residents to be appointed to the Citizens Committee for the Fairview Regional Park Fairview Regional development plan. Park Camnittee The Assistant City Manager reviewed the City Manager's memorandum dated June 21, 1984, which lists the names of those citizens being recommended for the Fairview Regional Park Citizens CaM ittee, and the responsibili- ties of that Cammittee. Those citizens recommended are: Gilbert Collins, 3159 Sharon Lane; Don Dungan, 157 The Masters Circle; Jim Ferryman, 1095 Tulare Avenue; Gary Gray, 2077 Swan Drive; Richard Mehren, 1824 Kinglet Court; Sharran Renna, 2024 Flamingo Drive; Margaret Weaver, 2211 Pacific Avenue; Alan Webber, 2166 Pacific Avenue; Paan Wright, 2017 South Capella Court. The responsibilities of the Cammittee are: 1. Discuss suggested facility options for the remainder of the park; 2. Discuss future park development while attempting to provide recreational opportunities that are affordable, acceptable, and able to provide reve- nue to help offset maintenance and operational costs; and 3. Discuss the list of questions which were stated at the Council meeting of May 7, 1984. Alan Webber asked that the responsibilities of the Committee be stated again, and Mayor Hall repeated the three items shown above. The Mayor also mentioned that additional responsibilities may be added from time to time. The Acting Development Services Director reviewed the staff report and reported that the Planning staff recommended adoption of the amendment, approving Option II. This option would amend the General Plan to Medium Density Residential with a recommendation to rezone the area to Rl. The Planning Commission has recommended adoption of the amendment, approving Option I. This option would amend the existing Law Density Residential to Medium Density Residential and retain the existing R2 zoning. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilman McFarland, seconded by Council - Resolution 84-89 woman Schafer, the Negative Declaration of Environmental Adopted Impact and Resolution 84-89, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Margaret Weaver was present and thanked the Council for appointing her to the Citizens Committee. MOTION A motion was made by Vice Mayor Johnson, seconded by Appointments Councilwoman Hertzog, and carried 5-0, approving the Approved Committee appointments recommended by the City Manager. PUBLIC HEARING The Deputy Clerk announced that this was the time and GP -84-2C place set for the public hearing to consider General Plan Amendment GP -84-2C, City of Costa Mesa, to amend the land use designation 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 (even and odd numbers) Norse Ave- nue, from Low Density Residential to Medium Density Residential. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Acting Development Services Director reviewed the staff report and reported that the Planning staff recommended adoption of the amendment, approving Option II. This option would amend the General Plan to Medium Density Residential with a recommendation to rezone the area to Rl. The Planning Commission has recommended adoption of the amendment, approving Option I. This option would amend the existing Law Density Residential to Medium Density Residential and retain the existing R2 zoning. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilman McFarland, seconded by Council - Resolution 84-89 woman Schafer, the Negative Declaration of Environmental Adopted Impact and Resolution 84-89, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -84-2C, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, approving Option I, were adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Deputy Clerk presented Encroachment Permit EP -84-06, EP -84-06 Marcel Micallef, 130 East 17th Street, Costa Mesa, Micallef authorized agent for Clement C. Doyle, 2044 Palmar Drive, Oceanside, to allow landscaping and contruction of an outdoor patio in the public right-of-way at 130 East 17th Street in a C2 zone. Environmental Deter- mination: Exempt. The Acting Development Services Director reviewed the Staff Report and stated that the Planning Commission recammended approval, based on the analysis and find- ings and subject to conditions contained in the report. The applicant was not present; however, the Acting Director reported that the applicant had agreed to all conditions at the Planning Commission meeting of June 25, 1984. MOTION A motion was made by Councilwanan Schafer, seconded by EP -84-06 Councilman McFarland, approving Encroachment Permit Approved EP -84-06 subject to conditions recammended by the Plan- ning Cammission. The motion carried 5-0. International A request frau International Sports Publications, for Sports waiver of certain Municipal Code Sections relating to Publications door-to-door solicitations, was trailed in order to give the applicant's representative the opportunity Trailed to read staff's memorandum. Calling and Giving On motion by Vice Mayor Johnson, seconded by Council - Notice of Election woman Hertzog, Resolution 84-90, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL Resolution 84-90 MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, Adopted NOVEMBER 6, 1984, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Requesting Board On motion by Councilwanan Schafer, seconded by Council - of Supervisors waman Hertzog, Resolution 84-91, being A RESOLUTION OF to Consolidate THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Election REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF MOTION SAID CITY TO BE HELD ON NOVEMBER 6, 1984, WITH THE Resolution 84-91 STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE Adopted PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Regulations for On motion by Councilwoman Hertzog, seconded by Vice Candidates Mayor Johnson, Resolution 84-92, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE Resolution 84-92 PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND Adopted THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO 8 BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 6, 1984, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None International The Deputy Clerk presented a request, trailed from Sports earlier in the meeting, from Mr. Chris Theurer, Publications International Sports Publications (ISP), 3030 South Main Street, Salt Lake City, Utah, for waiver of Request to Waive Municipal Code Sections 9-95 and 9-132, relating to Code Requirements door-to-door sales of the Olympic Commemorative Book. The Assistant City Manager referred to his memorandum of June 28, 1984, which recommends that the request be denied based upon the fact that ISP is a profit-making organization utilizing door-to-door sales as a market- ing arketing tool. Unlike the sections of the Code which apply to charitable solicitation, Section 9-95 requires that a vendor obtain a business license at a cost of $15.00, and a separate fee of $10.00 per person per day. Sec- tion 9-132 requires that each individual who conducts door-to-door sales obtain an identification card from the Police Department which requires fingerprinting and running the prints through the California Department of Justice. This process takes approximately six to eight weeks. The Assistant City Manager reported that local community organizations desiring to conduct this activity for a fund-raising event could apply for a permit for charit- able haritable solicitation under Municipal Code Section 9-220. This would exclude direct sales by youth hired directly by ISP for promotion of the book. The Assistant City Manager concluded by stating that should the Council decide to waive Sections 9-95 and 9-132, staff recommended that the following conditions be imposed: 1. ISP shall obtain a business license from the Revenue Division, in the amount of $15.00. 2. Prior to beginning the door-to-door sales in Costa Mesa, ISP shall provide the City with a list of those Costa Mesa ccmmLmity organizations participating in the campaign, as well as the names and addresses of the youth hired directly by ISP for sale of the book. 3. ISP shall provide the City with the names and telephone numbers of those supervisory personnel assigned to oversee the door-to-door sales in Costa Mesa. Rick Foster, 307 - 16th Street, Huntington Beach, repre- senting the applicant, stated that if the request is approved, he would agree to the conditions stated above. Mr. Foster answered numerous questions from the Council, stating that he had contacted the Youth Employment Service (YES) who have approximately 3,000 applications on file. He stated that only those 14 years and older would be considered, that there would be one adult super- visor for a maximum of 20 sales people, and that only Costa Mesa youth would be employed. The Revenue Supervisor spoke in opposition to the request, and stated that he felt it would set a prece- dent for others who may want the same consideration. 1 1 1 Councilman McFarland suggested that ISP make use of nonprofit organizations for sale of the books. Mayor Hall recommended that Mr. Foster withdraw his request and apply for a charitable solicitation permit under Municipal Code Section 9-220. The Revenue Supervisor stated that if Mr. Foster decides to apply for the charitable solicitation permit, the total fee would be $15.00 and that an identification card would not be necessary. Mr. Foster agreed with the recamnendation made by the Mayor and withdrew his request. MOTION On motion by Councilwoman Schafer, seconded by Council - Request wanan.Hertzog, and carried 5-0, the request was with - Withdrawn drawn. ORAL Sid Soffer, 900 Arbor Street, Costa Mesa, and Jerry COMMUNICATIONS Odegaard, 1632 Pegasus Street, Santa Ana Heights, stated that they had witnessed the State and United States flags being lowered and removed by City staff in a most improper manner and requested that this situation be remedied at once. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, reported that he also saw the manner in which the flags were removed and expressed his concern. Amphitheatre Mr. Andreen stated that his weekend had been ruined Noise because of the noise from the Pacific Amphitheatre concerts, and that this situation is ruining the neigh- borhood. Mayor Hall stated that the City is trying to resolve the problem, and asked that the residents write to the Fair Board and their State representatives. Bill Hartloff, 2743 Lorenzo Avenue, agreed with the statements made by Mr. Andreen concerning the Amphi- theatre noise. COUNCILMANIC Councilman McFarland formally announced that he would COMMENTS not be seeking re-election this November primarily because he feels that for him, two terns are adequate. He stated that he enjoyed serving on the Council since 1976, serving as Mayor for two years, and to have been a part of the camnunity's development. All Council Members expressed best wishes to Council- man McFarland and commended him on a job well done. Councilwonan Schafer mentioned that the Redevelopment Agency's regular meeting has been changed frau July 11 to July 10. ADJOURNMENT Mayor Hall declared ATTEST: the mee ' a urned at 8:30 p.m. Mayor of the City of Costa Mesa e �ICi y Clerk of the City of Costa a