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HomeMy WebLinkAbout10/15/1984 - City Council6 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 15, 1984 The City Council of the City of Costa Mesa, met in regular session on October 15, 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 Pastor Bruce Merrifield, Harbor Trinity Baptist Church. ROLL CALL Council Members Present: Hall, Johnson, Hertzog, McFarland, Schafer Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Assistant City Engineer, City Clerk MINUTES On motion by Councilwoman Schafer, seconded by Council - October 1, 1984 woman Hertzog, and carried 5-0, the minutes of the regular meeting of October 1, 1984, were approved as distributed and posted. ORDINANCES A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, and carried 5-0, to read all -ordinances by title only. PROCLAMATIONS Mayor Hall read a proclamation proclaiming the month of October, 1984, as "United Way Month". The document "United Way Month" was given to Councilwoman Hertzog for presentation to the United Way organization. "Toastmasters Mayor Hall read a proclamation proclaiming the month Camnunications of October, 1984, as "Toastmasters Communications Month" Month", and two members of that organization were present to accept the document. "Jewish War Mayor Hall read a proclamation proclaiming the week of Veterans Patriotic November 5 through 11, 1984, as "Jewish War Veterans Poppy Week" Patriotic Poppy Week". Members of Post 595 were present to accept the proclamation from Mayor Hall. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 14(d), Agreement with Holmes Family Trust and Sorenson Family Trust; Item 14(e) Agreement with Paul and Beverly Zukow; and Item 14(f) Agreement 'with Newport -Mesa Unified School District. 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: Attorney John J. Doody on behalf of Betty Ball; George Harold Stephen Chula; and Attorney Fred S. Pardes �1 on behalf of the Garden Park Village Homeowners Association. AlcoholicAlcoholic Beverage License application for which Beverage parking has been approved by the Planning staff: Licenses Marcel Micallef, doing business as Marcel's Brasserie, 130 East 17th Street. Public Notice from the Public Utilities Commission Utilities concerning Order Instituting Investigation No. Commission OII 84 10 011, for the purpose of establishing a list for fiscal year 1985-86 of existing and pro- posed crossings at grade of city streets, county SET FOR PUBLIC roads, or state highways most urgently in need of HEARING separation, or projects affecting the elimination of grade crossings by removal or relocation of streets or railroad tracks, or existing separa- tions in need of alteration or reconstruction as contemplated by Section 2452 of the Streets and Highways Code. Pacific Communication from Mrs. William Creighton, 1928 Amphitheatre Kauai Place, Costa Mesa, supporting the Pacific Amphitheatre being located in Costa Mesa. School Crossing Communication from Lee Gilliland, Chairman, Guards Pomona Safety Committee, Newport -Mesa Unified School District, commending Mrs. Pam Black, school crossing guard at the Pomona Avenue/ Hamilton Street intersection. Harbor Area Day Communication from Mr. Gene Hannon, expressing Care Center appreciation for the excellent program for the elderly at the Harbor Area Day Care Center. Commercial Communication from Bobbi Floyd, 1059 San Pablo Expansion in Circle, Costa Mesa, suggesting alternative North Costa Mesa methods to alleviate some of the problems arising from the recent zoning changes to commercial use in the North Costa Mesa area. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Jewish War Purpose has been received from the Jewish War Veterans Veterans of U.S.A., Post 595, 1128 Rutland Road, Suite No. 2, Newport Beach, by sale of artificial poppies, from MOTION November 1 through 11, 1984. On motion by Councilwaman Permit Approved Schafer, seconded by Councilwoman Hertzog, and carried 5-0, the permit was approved with application of Section 9-234J of the Municipal Code. Friends of the Notice of Intention to Appeal or Solicit for Charitable Libraries Purpose has been received from the Friends of the Costa Mesa Libraries, 1855 Park Avenue, Costa Mesa, by holding a one -day book sale at the Harbor Shopping Center on October 27, 1984, and also for a one -day book sale in MOTION March or April, 1985, at a location yet to be determined. Permit Approved On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the permit was approved with application of Section 9-234J of the Municipal Code. 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 on the dates indicated, at 6:30 p.m., in the Council Chambers of City Hall: Barto/Tarnutzer December 3, 1984: For Ocean Development Company, Incorporated, authorized agent for Barto/Tarnutzer Venture I, 2915 Red Hill Avenue, Suite F-200, Costa Mesa, for property located on 11 acres at the western terminus of West 18th Street. EIR (a) Environmental Impact Report. GP -84-3A (b) General Plan Amendment GP -84-3A, to change the land use designation from Medium Density Resi- dential to High Density Residential. R-84-17 (c) Rezone Petition R-84-17, to change the zoning from PDR -MD (Planned Development Residential - Medium Density) to PDR -HD (Planned Development Residential - High Density). Amendment to Master (d) Amendment to Master Plan of Highways to delete Plan of Highways the future extension of West 18th Street. Lawhorn/Davidson November 5, 1984: For Mahnaz Lawhorn, authorized agent for Cecil R. and Clyde E. Davidson, 235 Lillian Place, Costa Mesa, for property located at 259 Walnut Street and 1938 Westminster Avenue. Environmental Determination: Exempt. GP -84-3B (a) General Plan Amendment GP -84-3B, to change the land use designation from Low Density Residen- tial to Medium Density Residential. R-84-16 (b) Rezone Petition R-84-16, to charge the zoning from R1 (Single-family Residential) to R2 (Multi -family Residential). Abandonment on �On motion by Councilwoman Schafer, seconded by Council - Laurie Lane .woman Hertzog, Resolution 84-118, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION DECLARING ITS INTENTION TO ORDER THE VACATION OF SURPLUS Hearing Set by CITY RIGHT-OF-WAY LOCATED ALONG THE EAST SIDE OF LAURIE Adoption of LANE, setting a public hearing on November 5, 1984, was Resolution 84-118 adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Councilwoman Schafer, seconded by Council - Saul woman Hertzog, and carried 5-0, the claim from Murray Saul was rejected. Viera On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the claim from Lucrezia B. Viera was rejected. Bid Item 626-A Bids received for Bid Item 626, Revision A, Computer Computer Terminals, are on file in the Clerk's office. On motion Terminals by Councilwoman Schafer, seconded by Councilwoman Hertzog, the contract was awarded to Dayton -Forester MOTION Associates, Incorporated, 8740 Shirley Avenue, North - Awarded to ridge, in the amount of $10,327.37. The motion carried Dayton -Forester by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 638 Bids received for Bid Item 638, Tractor/Loader/Backhoe, Tractor/Loader/ are on file in the Clerk's office. On motion by Backhoe Councilwoman Schafer, seconded by Councilwoman Hertzog, ,the contract was awarded to Colton Tractor Company, MOTION Incorporated, 3333 North Cherry Avenue, Long Beach, in Awarded to the amount of $53,987.00. The motion carried by the Colton Tractor following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 11 Ll Bid Item 639 Sewer Cleaning Machine MOTION Awarded to Haaker Equipment Bids received for Bid Machine, are on file by Councilwoman Scha Hertzog, the contract Company, 3505 Pomona of $137,372.82. The roll call vote: AYES: COUNCIL Item 639, One Sewer Cleaning in the Clerk's office. On motion fer, seconded by Councilwoman was awarded to Haaker Equipment Boulevard, Pomona, in the amount motion carried by the following MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None Bid Item 640 Bids received for Bid Item 640, One Street Sweeper, are Street Sweeper on file in the Clerk's office. On motion by Council- woman Schafer, seconded by Councilwoman Hertzog, the MOTION contract was awarded to Nixon -Egli Equipment Company, Awarded to 12030 Clark Street, Santa Fe Springs, in the amount of Nixon -Egli $69,734.22. 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 Bid Item 641 Bids received for Bid Item 641, Rotary Lawn Mower, are Rotary Lawn on file in the Clerk's office. On motion by Council - Mower woman Schafer, seconded by Councilwoman Hertzog, the contract was awarded to C. R. Jaeschke, Incorporated, MOTION 8845 Complex Drive, San Diego, in the amount of Awarded to $9,800.00. The motion carried by the following roll C. R. Jaeschke call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Medians on Harbor Bids received for Construction of Medians on Harbor Boulevard and on Boulevard from Wilson Street to Hamilton Street, on Red Hill Avenue; Red Hill Avenue from Airport Loop Drive to McCormack Signals on Harbor Lane, and Signal Modifications at Harbor Boulevard Boulevard at and Victoria Street, are on file in the Clerk's office. Victoria Street On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, the contract was awarded to Baird and MOTION Carter, Post Office Box 6764, Huntington Beach, in the Awarded to amount of $246,578.00. The motion carried by the Baird and Carter following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Steps at Bids received for Construction of Parking Lot Steps and Neighborhood Construction of a Door and Steps Leading from Backstage Community Center to the Storage Roan, are on file in the Clerk's office. On motion by Councilwoman. Schafer, seconded by Council - MOTION woman Hertzog, the contract was awarded to Spec Builders, Awarded to 25041 Earhart Road, Laguna Hills, in the amount of Spec Builders $8,200.00. The motion -carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: OOUNCIL MEMBERS: None Purchase of Staff has requested authorization to purchase a jogging Jogging Course course, for an amount of $5,988.00, from sole source vendor, wells Fargo/Gamefield, 50 Francisco Street, San MOTION Francisco. On motion by Councilwoman Schafer, seconded Purchase by Councilwoman Hertzog, the purchase was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None Purchase of Staff has requested authorization to purchase computer Computer peripheral equipment, for the amount of $8,750.30, from Equipment sole source vendor, IBM Corporation, 611 Anton Boule- vard, Costa Mesa. On motion by Councilwoman Schafer, MOTION seconded by Councilwoman Hertzog, the purchase was Purchase approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Staff has requested authorization to purchase 140 pairs Safety Shoes of safety shoes for police.personnel, for a total amount of $7,500.00 plus tax, from sole source vendor, Knapp MOTION Shoe Store, 15901 Golden West Street, Huntington Beach. Purchase On motion by Councilwonan Schafer, seconded by Council - Approved Nonan Hertzog, the purchase was approved by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Four Staff has requested authorization to negotiate purchase 1984 Used Vehicles of four 1984 used vehicles for the Public Services and Development Services departments. These vehicles are replacement vehicles that have been approved in the MOTION current budget. On motion by Councilwoman Schafer, Staff Authorized seconded by Councilwoman Hertzog, staff was authorized to Negotiate to negotiate purchase of the used vehicles. The motion Purchase 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 Completion Construction of Assessment District No. 82-1, Sterling Porter Construction Avenue, has been completed to the satisfaction of the Notice of Completion Installation of Mowstrips at Tanager Park has been 1st Class completed to the satisfaction of the Leisure Services Construction Director by lst Class Construction and Development Company, 119 East Alton Street, Santa Ana. On motion Mowstrips at by Councilwoman Schafer, seconded by Councilwoman Tanager Park Hertzog, the work was accepted; the Clerk was author- ized to file a Notice of Completion; Council authorized MOTION immediate release of a cashier's Check for $9,642.00, Work Accepted deposited in lieu of bonds; and authorization was given to release retention funds 35 days after the Notice of Completion has been filed. The motion carried by the following roll call vote: 1 1 -Director of Public Services by Porter Construction Assessment District Company, Incorporated, 13901 Gershon Place, Santa Ana. No. 82-1, Sterling On motion by Councilwoman Schafer, seconded by Council - Avenue woman Hertzog, the work was accepted; the Clerk was .authorized to file a Notice of Completion; retention MOTION funds were ordered released and the Performance Bond Work Accepted ordered exonerated 35 days after the Notice of Comple- tion has been filed; and the Labor and Material Bond was ordered exonerated 7 months after the Notice of Completion has been filed. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Installation of Mowstrips at Tanager Park has been 1st Class completed to the satisfaction of the Leisure Services Construction Director by lst Class Construction and Development Company, 119 East Alton Street, Santa Ana. On motion Mowstrips at by Councilwoman Schafer, seconded by Councilwoman Tanager Park Hertzog, the work was accepted; the Clerk was author- ized to file a Notice of Completion; Council authorized MOTION immediate release of a cashier's Check for $9,642.00, Work Accepted deposited in lieu of bonds; and authorization was given to release retention funds 35 days after the Notice of Completion has been filed. The motion carried by the following roll call vote: 1 1 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None Agreement with The Director of Public Services has requested approval Norris-Repke of an agreement with Norris-Repke, Incorporated, 17662 Irvine Boulevard, Suite 7,TTustin, in the amount of _ Design Study for $16,000.00, for a design study of the 18th Street/Irvine 18th Street/Irvine Avenue storm drain area. On motion by Councilwoman Avenue Storm Drain Schafer, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor and Clerk were authorized to MOTION sign on behalf of the City. The motion carried by the Agreement following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreements with The Director of Finance has requested approval of two Wismer Associates agreements with Wilmer Associations, Incorporated, 22134 Sherman Way, Canoga Park, in connection with Moneymax Moneymax On -Line On -Line Cash Management System. The first agreement, in Cash Management the amount of $15,000.00, is for a nonexclusive license; System the second agreement, in the amount of $3,000.00, is for a program maintenance support service. On motion by MOTION Councilwoman Schafer, seconded by Councilwoman Hertzog, Agreements the agreements were approved, and the Mayor was author - Approved ized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference Advance On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, a Conference Advance in the amount of MOTION $385.00, for a police officer to attend the California Advance Approved Peace Officers Association All Committee Conference in Sacramento, November 15-18, 1984, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Councilwoman Schafer, seconded by Council - No. 85-28 - Radio woman Hertzog, Budget Adjustment No. 85-28, in the Equipment amount of $17,500.00, for.purchase of radio auxiliary equipment for the Communications Department, was MOTION approved by the following roll call vote: Adjustment AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Approved McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Councilwoman Schafer, seconded by Council - No. 85-31 - Harbor woman Hertzog, Budget Adjustment No. 85-31, in the Boulevard Medians amount of $60,000.00, for construction of medians on Harbor Boulevard from Wilson Street to Hamilton Street, MOTION was approved by the following roll call vote: Adjustment AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Approved McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parking Prohibition The Traffic Commission has recommended that parking be on Joann Street, prohibited for street sweeping purposes on the follow - Maple Street, and ing City streets: Joann Street fron Miner Street to Miner Street Pomona Avenue; Maple Street from Wilson Street to Joann �f�, Street; and Miner Street, from Wilson Street to Joann Street. MOTION On motion by Councilwoman Schafer, seconded by Council - Resolution 84-119 woman Hertzog, Resolution 84-119, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON TUESDAYS BETWEEN 8:00 A.M. AND 10:00 A.M. ON A PORTION OF JOANN 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 MOTION On motion by Councilwoman Schafer, seconded by Council - Resolution 84-120 woman Hertzog, Resolution 84-120, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON TUESDAYS BETWEEN 8:00 A.M. AND 10:00 A.M. ON A PORTION OF MAPLE 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 MOTION On motion by Councilwoman Schafer, seconded by Council - Resolution 84-121 woman Hertzog, Resolution 84-121, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON TUESDAYS BETWEEN 8:00 A.M. AND 10:00 A.M. ON A PORTION OF MINER 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 Agreements with Items 14(d), 14(e), and 14(f) on the Consent Calendar Holmes, Sorenson, were presented: three agreements for the dedication Zukow, and School of all necessary right-of-way in exchange for a storm District drain facility and installation of street improvements at the ultimate location on Baker Street: Baker Street Improvements Agreement with Thomas Holmes Family Trust and the Sorenson Family Trust, Post Office Box 68, Pioneer Town, California, for property located at 929 Baker Street; Agreement with Paul J. Zukow and Beverly A. Zukow, 100 South Avenida Felipe, Anaheim, for property located at the southeast corner of Baker and Bear Streets; and Agreement with Newport -Mesa Unified School District, Post Office Box 1368, Newport Beach, for property located at 915-927 Baker Street. Sid Soffer, 900 Arbor Street, Costa Mesa, asked why the exchange has been recommended instead of an outright dedication by the property owners, and the Assistant City Engineer explained that since no new developments are planned for these sites, the exchanges are appro- priate. MOTION On motion by Councilman McFarland, seconded by Council - Agreements woman Hertzog, the agreements were 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 Mayor Announced Mayor Hall announced that the second public hearing on that the Hearing the agenda, an appeal of the Planning Commission's for ZE-84-133 Will denial of Zone Exception ZE-84-133 will be continued Be Held Over to the meeting of November 19, 1984, as requested by the applicant. The announcement was made for the bene- fit of those who intended to speak on this item. OLD BUSINESS On motion by Councilwoman Hertzog, seconded by Council - Regulating Public man McFarland, Ordinance 84-39, being AN ORDINANCE OF Entertainment THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGULATING PUBLIC ENTERTAINMENT, was given second read - MOTION ing and adopted by the following roll call vote: Ordinance 84-39 AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Adopted McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Fees for Public On motion by Councilman McFarland, seconded by Council - Entertainment woman Hertzog, Resolution 84-122, being A RESOLUTION OF Permits THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DESIGNATING APPLICATION FEES FOR PUBLIC ENTERTAINMENT MOTION PERMITS, was adopted by the following roll call vote: Resolution -84-122 AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Adopted McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Enforcement of On motion by Councilman McFarland, seconded by Council - Business License woman Hertzog, Ordinance 84-40, being AN ORDINANCE OF Requirement THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELATING TO ENFORCEMENT OF THE REQUIREMENT OF OBTAINING MOTION A BUSINESS LICENSE, was given second reading and adopted Ordinance 84-40 by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Salary Increases On motion by Councilwoman Schafer, seconded by Council - for Council Members woman Hertzog, Ordinance.84-41, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ADOPTING INCREASE IN SALARY FOR MEMBERS OF THE CITY Ordinance 84-41 COUNCIL, was given second reading and adopted by the Adopted following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES:, COUNCIL MEMBERS: None ABSENT:- COUNCIL MEMBERS: None Bond Financing The Clerk presented from the meeting of October 1, 1984, for Regis Homes a bond financing application and cooperative agreement for Regis Hames Corporation, 5120 Campus Drive, Newport Beach, for property located at the southeast corner of Sunflower Avenue and Avenue of the Arts. The Development Services Director reviewed staff's report entitled, "Evaluation of Bond Financing Appli- cation - Regis Hanes Corporation". The report points out that although the terms of the Cooperative Agree- ment for this project are more liberal than those included in the agreements for the Ray and Sewell projects, staff suggests that the Regis agreement is equitable because of the additional costs inherent in more urban type development. Furthermore, because of the excellent transportation and employment facilities ` 3 ,in the area, it is possible that households will spend less for transportation, thereby being able to afford slightly higher rents. Staff has recommended that the City Council authorize staff to execute a Cooperative Agreement with Orange ;County which approves the County -issued sale of Mortgage Revenue Bonds for the project subject to the following conditions: (1) Twenty percent of the units (affordable units) shall be rented to households earning not more than 80 percent of the income limits established by the County Bond Program. The median income for two - person households shall be used to compute maximum rents for efficiency and one -bedroom apartments; median income for a family of four shall be used to determine maximum rent for a two-bedroom unit. Median incomes as defined by the County Bond Pro- gram shall be used. (2) The mix and proportion of unit types in the afford- able program shall be the same as for the develop- ment as a whole. (Required by California Health and Safety Code Section 52080.) (3) All units shall be maintained as rental units for a period not less than 10 years. (Required by Cali- fornia Health and Safety Code Section 52080.) (4) At least one percent of the units shall be provided with full modifications for persons confined to wheel chairs or five percent of the units shall be modified for access by the handicapped according to the Uniform Building Code (UBC) specifications. Staff further recommended that the City Council direct staff to arrange for the County's administrator of the Mortgage Revenue Bond Financing Program to monitor and administrate the provisions of the Cooperative Agreement at the developer's expense. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, opposed this type of financing because he felt that these projects should be handled by the private sector. Mayor Hall agreed with Mr. Odegaard's viewpoint. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that staff reports should be made available to the public attending the Council meetings. Councilwoman Hertzog stated that she agreed with some of the comments by Mr. Odegaard; however, before bond financing became available to developers, no rental units had been constructed in the City for several years. MOTION A motion was made by Councilwoman Schafer authorizing Staff Authorized staff to execute the Cooperative Agreement as discussed to.Execute on Page 5 of the evaluation document and subject to all Cooperative conditions recommended by staff. The motion was Agreement seconded by Councilwoman Hertzog, and carried 3-2, Council Members Hall and McFarland voting no. Parking Facility The City Manager presented a resolution approving the for Performing final form of documents regarding the Orange County Arts Center Performing Arts Center parking facility. He explained that because changes have been made to the agreements since Council's approval on June 18, 1984, it would be appropriate for Council to approve the final forms. The City Manager explained the changes which were made: lessor/owner of the land and improvements will be Center Tower Associates rather than South Coast Plaza; the letter.of credit which guarantees the certificates of participation will be issued by Security Pacific Bank instead of Bank of America;.effective date of the docu- ments is November 1, 1984; a number of highly technical changes have been made to the remarketing and interest rate provisions of the documents; and other revisions have been made to the nature of Center Tower Associates' rights and obligations. Responding to Councilman McFarland's question, the City Manager reported that the financing being provided will reduce the cost of constructing the parking facility by approximately $3 million. MOTION On motion by Councilwoman Schafer, seconded by Council - Resolution 84-123 woman Hertzog, Resolution 84-123, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE FINAL FORM OF LEASE AGREEMENT, TRUST AGREEMENT, SECOND ASSIGNMENT AGREEMENT, SUBLEASE AGREE- MENT, REMARKETING AGREEMENT, PLACEMENT MEMORANDUM AND PLACEMENT AGENCY AGREEMENT WITH RESPECT TO CERTIFICATES OF PARTICIPATION (ORANGE COUNTY PERFORMING ARTS CENTER PUBLIC PARKING PROJECT), was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WARRANTS On motion by Councilwoman Hertzog, seconded by Vice MOTION Mayor Johnson, Warrant Resolution 1265, including Pay" Warrant 1265 roll 8420, was approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY REPORTS The City Attorney referred to the confidential memoran- dum of October 2, 1984, concerning settlement of the Elsefy Lawsuit Elsefy lawsuit. A motion was made by Councilman McFar- land, seconded by Vice Mayor Johnson, authorizing the MOTION City Attorney to settle the case jointly with the co - Settlement defendant, Crocker National Bank, for $6,000.00 each. Authorized 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 Pacific The City Attorney reported on the results of the hearing Amphitheatre which was held in Superior Court on this date concerning Lawsuit the Pacific Amphitheatre noise case. The Court accepted the Amphitheatre's argument that they are protected by sovereign immunity; therefore, the City cannot enforce its noise ordinance. The City Attorney explained the methods of appeal which can be pursued and requested Council approval to proceed. MOTION A motion was made by Councilwoman Schafer, seconded by Appeal Vice Mayor Johnson, and carried 5-0, authorizing the Authorized City Attorney to proceed with an appeal of the Superior Court's decision. PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of ZE-84-63/ the meeting of September 17, 1984, to consider an appeal RA -84-05 - Modic of the Planning Commission's denial of Zone Exception ZE-84-63, Redevelopment Action RA -84-05, William Modic, World Mechanic, 1747 Anaheim Avenue, for a Conditional Use Permit for outdoor work and to legalize existing canopy -covered hoists at the above address in an MG zone. Environmental Determination: Negative Declara- tion. The Redevelopment Agency also has recommended 'denial. A letter has been received from the authorized agent, Richard Carstensen, requesting that this item be con- tinued to November 5, 1984. Mayor Hall stated that he had spoken with the applicant and advised him that action would be taken this evening. The appellant was not present, and the Development Services Director reported that staff has not been contacted by him since the meeting of September 17, 1984. The Director referred to staff's memorandum of October 11, 1984, which contains a chronology of the project review process from March 26, 1984, through this date. It shows that the appellant was aware of the numerous meetings, and although given a great deal of time to prepare a landscape plan, he has never came forward with such a plan. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, spoke in support of the project and felt the City was asking too much of the appellant. Sid Soffer, 900 Arbor Street, Costa Mesa, commented on the City's requirements for the project. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Councilwcman Schafer, seconded by ZE-84-63/RA-84-05 Councilman McFarland, to uphold the Redevelopment Denied Agency's denial of Zone Exception ZE-84-63, Redevelop- ment Action RA -84-05, the appellant was ordered to cease outdoor work immediately, and to remove the cano- pies and outdoor hoists within 30 days of Council action. The motion carried 5-0. PUBLIC HEARING On motion by Councilman McFarland, seconded by Vice Mayor Johnson, and carried 5-0, the following public MOTION 'hearing was continued to November 19, 1984, as ZE-84-133 for requested by the appellant: Flower/Browne Held.Over Public hearing, continued from the meeting of October 1, 1984, for an appeal of the Planning Commission's denial of Zone Exception ZE-84-133, from Flower Investments, Limited, 366 Lourdes Lane, Costa Mesa, and Carlton Browne and Ccmpany, Incorporated, 3191-A Airport Loop Drive, Costa Mesa, for a variance from front setback requirements at 427 and 435 East 17th Street in a Cl zone. Environmental Determination: Negative Declara- tion. PUBLIC HEARING The Mayor announced the public hearing, continued from Appeal fron Aynes the meeting of October 1, 1984, to consider an appeal of ZE-84-156 frau Patricia Aynes concerning the Planning Commission's Carstensen/Graves approval of Zone Exception ZE-84-156, Richard Carsten- sen, authorized agent for Robert G. Graves, Sunwest Financial., Incorporated, 501 North French Street, Santa Ana, for a variance from height requirements to allow the development of an office complex containing 165,000 square feet, comprised of one two-story building, two three-story buildings, two four-story buildings, as well as a 3 -1/2 -story parking structure, located at 881 Baker Street in a CL zone. Environmental Determination: Negative Declaration. A letter has been received from the authorized agent, Richard Carstensen, requesting that this item be con- tinued to November 5, 1984. Mayor Hall stated that he had spoken with the applicant and advised him that action would be taken this evening. Council Members Schafer, Johnson, and Hertzog, indi- cated that they did not approve of the project at this location. Councilman McFarland reported that he would abstain from voting since he has been on vacation and has not had the opportunity to study the project. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, expressed his opinion that this item should be referred back to the Planning Commission because proper notifi- cation was not given for the Commission's last hearing of this project. Wilma Feeney, 1154 Dorset Lane, Costa Mesa, suggested that the City ask the newspapers to publish the items that are on the Agenda for each meeting. Mayor Hall responded that this has been requested of the news- papers; however, the newspapers have not responded to the City's request. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the public is getting what they deserve since citizens only appear at City meetings when a proposed project is on their "door step There being no other speakers, the Mayor closed the public hearing. . MOTION On motion by Councilwoman Schafer, seconded by Council- ZE-84-156 woman Hertzog, Zone Exception ZE-84-156 was denied based Denied on the .finding that the height being proposed for the project isnot compatible for this area. The motion carried 4-0, Councilman McFarland abstaining. NEW BUSINESS .The Clerk announced the discussion concerning Proposi- tion 36 which is on the November 6, 1984, ballot. Proposition 36 The request for discussion was made by Councilman McFarland at the meeting of September 17, 1984. Councilman McFarland stated that although he person- ally would benefit fron the passage of Proposition 36, he opposed it because it would absolutely erode local governments' ability to manage their funds, and that cities would be forced to rely on the State for funding. Councilman McFarland asked that the Council go on record in opposition to Proposition 36. Councilwoman Hertzog stated that she shared Councilman McFarland's views, and reported that she is -a member of the League of California Cities Proposition 36 Task Force. Councilwoman Hertzog expressed her opinion that passage of this proposition would have a negative affect on schools, cities, and special districts. Councilwoman Hertzog announced that a Proposition 36 Forum has been scheduled for Wednesday, October 17, at 7:30 p.m., at the Garden Grove Community Center, and arguments will be heard for and against the measure. Councilwoman Schafer commented that she opposed the Council taking a position on Proposition 36, and felt that it was up to the voters to make their own deci- sions. vice Mayor Johnson agreed with the statement made by Councilwoman Schafer. He added that although he per- sonally opposed the proposition, he did not believe the Council, as a body, should make a recommendation. Mayor Hall agreed with the statements made by Council Members Schafer and Johnson and asked Councilman McFarland if he would like to make a motion. MOTION After further discussion concerning the comments made Proposition 36 by each Council Member, Councilman McFarland made a Opposed motion that the City Council take a position in opposi- tion to Proposition 36 because passage of that measure will erode local government. The motion was seconded by Councilwoman Hertzog, and carried 2-0, Council .Members Hall, Johnson, and Schafer abtaining. ORAL COMMUNICATIONS Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of Proposition 36. Proposition 36 Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, opposed Council taking a position on Proposition 36. COUNCILMANIC COMMENTS Councilman McFarland voiced opposition to the proposi- tion on the November 6, 1984, ballot concerning a State State Lottery lottery. Fire Chief Appointed Councilman McFarland announced that the City of Costa to League of Cities Mesa's Fire Chief, John Petruzziello, has been appointed Board to serve on the League of California Cities Board of Directors and suggested that a letter of commendation MOTION be sent to him. On motion by Councilman McFarland, Letter of seconded by Councilwcman Hertzog, and carried 5-0, the Congratulations Mayor was authorized to send a letter of congratulations Authorized to the Fire Chief. Proposition 36 Councilwoman Hertzog again mentioned the time and place Forum for discussion of Proposition 36, which will be held on October 17, 1984, at 7:30 p.m., at the Garden Grove -Community Center. McFarland On motion by Mayor Hall, seconded by Vice Mayor Johnson, Commended Resolution 84-124, being A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMENDING MOTION COUNCILMAN EDVQ,RD McFARLAND FOR HIS YEARS OF SERVICE ON Resolution 84-124 THE COSTA MESA CITY COUNCIL, was adopted by the follow - Adopted ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ADJOURNMENT The Mayor declared the meeti journed at 8:35 Mayor of the City of Costa Mesa ATTEST: Clerk of tffeCity o Costa M 1