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HomeMy WebLinkAbout11/05/1984 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 5, 1984 The City Council of the City of Costa Mesa, met in regular session on November 5, 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 Paul Thomas, Church of Christ. ROLL CALL Council Members Present: Hall, Johnson, Hertzog, McFarland, Schafer Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Vice Mayor Johnson, seconded by Council - October 15, 1984 woman Hertzog, and carried 5-0, the minutes of the regular meeting of October 15, 1984, were approved as distributed and posted. ORDINANCES A motion was made by Vice Mayor Johnson, seconded by Councilwoman Hertzog, and carried 5-0, to read all ordinances by title only. Chuck Ropp Mayor Hall read a resolution commending Chuck Ropp for Commended service on the City's Traffic Commission. On motion by Vice Mayor Johnson, seconded by Councilwoman Hertzog, Resolution 84-125, being A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMENDING MOTION CHUCK ROPP IN APPRECIATION'OF SEVEN YEARS OF SERVICE ON Resolution 84-125 THE COSTA MESA TRAFFIC COMMISSION, was adopted by the Adopted following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Mayor presented the Resolution to Mr. Ropp. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 2, Request to solicit for charitable purpose from Muslim Iranian Students Society; Item 8(a), Agreement with Robert Clark Graves; Item 8 (b), Agreement with C.D.C. Engineering, Incorporated; Item 8(c), Agreement with Van Dell and Associates, Incorporated; and Item 10, Resolution revising development trip end fees. On motion by Councilman McFarland, seconded by Council- woman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: .a0 AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER -On motion by Councilman McFarland, 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 Thomas A. Marshall on behalf of Beatrice Cohen; Attorney Sam Eagle on behalf of Chuck Hoffman; Law Offices of John E. Ford on behalf of George Maharis individually and doing business as Central Park Burgers; Anthony M. Mazzone; Ernest Nylander; and Marcel Vandenberg. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Godfather's Pizza, Incorporated, doing business at 2949 Fairview Road; Peter A. Piazzese, doing business as Cuisine -Cuisine, 145 East 19th Street; and Jorge 0. Morales, doing business as Giorgio's,Fresh Pasta Factory, 2200 Harbor Boule- vard, Building B, Unit 2. Public Utilities Notice from the Public Utilities Commission Commission concerning extension of Application 84-06-059, Newport Beach Rentals/Tours, Incorporated, doing business as Air -Cruises -Tours Shuttle, for authority to operate as an on-call passenger carrier corporation between points in Orange County and its property in Costa Mesa. Notice from Pacific Bell that it has filed a second amended application with the Public Utilities Commission, to increase rates. Opposition to Letter from Fran Gruenthal, 315 Hanover Drive, City Officials' Costa Mesa, objecting to the salary increases Salary Increases for the City Manager, City Attorney, and City Clerk, stating that the money should be spent to improve the drainage system. Illegal Aliens Letter from Patrick Dolan, 923 West 20th Street, Costa Mesa, thanking the Police Department for its joint action with the Immigration and Naturalization Service on October 17, 1984, against illegal aliens. SET FOR PUBLIC HEARING Abandonment on Palace Avenue MOTION Resolution 84-126 Adopted Setting a Public Hearing Abandonment on Sterling Avenue MOTION Resolution 84-127 Adopted Setting a Public Hearing On motion by Councilman McFarland, seconded by Council- woman Hertzog, Resolution 84-126, being A RESOLUTION OF ;THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF SURPLUS CITY RIGHT-OF-WAY ON A PORTION OF PALACE AVENUE, setting a public hearing on December 3, 1984, at 6:30 p.m., was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilman McFarland, seconded by Council- woman Hertzog, Resolution 84-127, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF SURPLUS CITY RIGHT-OF-WAY ON A PORTION OF STERLING AVENUE, set- ting a public hearing on December 3, 1984, at 6:30 p.m., was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None REJECTED CLAIMS On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried 5-0, the claim of Mike Ballard Ballard was rejected. Edwards On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried 5-0, the claim of William Edwards was rejected. Orden Park Village On motion by Councilman McFarland, seconded by Council - Homeowners woman Hertzog, and carried 5-0, the claim of Garden Park Village Homeowners Association was rejected. Nichols On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried 5-0, the claim of Sheryn Nichols was rejected. Seabourne On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried 5-0, the claim of Roy Seabourne was rejected. AEMINISTRATIVE ACTIONS Bids received for Bid Item 636, Revision "A", Demolish Commercial Structure and Reconstruct Load Bearing Wall, Bid Item 636-A are on file in the Clerk's office. On motion by Coun- Demolish Structure cilman McFarland, seconded by Councilwoman Hertzog, the contract was awarded to Armenco Construction Company, MOTION 21752 Esmalte, Mission Viejo, in the amount of Awarded to $21,835.00, being the lowest bid meeting specifica- Armenco tions. 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 642 Bids received for Bid Item 642, Fire Hose, are on Fire Hose file in the Clerk's office. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the MOTION contract was awarded to San Diego Fire Equipment Awarded to Company, 8541 Wellsford Place, Suite G, Sante Fe San Diego Fire Springs, in the amount of $5,911.70 plus tax, being Equipment the lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 643 Bids received for Bid Item 643, Four Pick-up Trucks, Four Pick-up are on file in the Clerk's office. On motion by Coun- Trucks cilman McFarland, seconded by Councilwoman Hertzog, the contract was awarded to Jerry Goodwin Dodge, Incorpor- MOTION ated, 1110 West Orangethorpe Avenue, Fullerton, for a Awarded to Jerry total cost of $30,688.00 plus tax, being the lowest bid Goodwin Dodge for these units. 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 644 Bids received for Bid Item 644, Fertilizer, are on Fertilizer, file in the Clerk's office. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried MOTION 5-0, allbids were rejected because staff has reported Bids Rejected that the material is not needed at this time. Bid Item 645 Bids received for Bid Item 645, Sprinkler Heads, are Sprinkler Heads on file in the Clerk's office. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the con - MOTION tract was awarded to Todd Pipe and Supply Company, Awarded to Todd 13591 Harbor Boulevard, Garden Grove, in the amount of Pipe and Supply $15,711.74, being the lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 646 Bids received for Bid Item 646, One Utility Vehicle, are One Utility on file in the Clerk's office. On motion by Councilman Vehicle McFarland, seconded by Councilwoman Hertzog, the con- tract was awarded to Toro Pacific Distributing Company, MOTION Incorporated, 19515 East Walnut Drive North, City of Awarded to Industry, in the amount of $5,175.00 plus tax, being Toro Pacific the lowest bid meeting specifications. The motion car- ried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 647 One bid received for Bid Item 647, Remodel Watch Com - Remodel Watch mander's Office in the Police Building, is on file in Commanders's Office the Clerk's office. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the contract was MOTION awarded to Armenco Construction Company, 21752 Esmalte, Awarded to Mission Viejo, in the amount of $4,950.00. The motion Armenco carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Computer Staff has requested authorization to purchase computer Equipment from IBM equipment, in the amount of $10,266.10, from sole source vendor, IBM Corporation, 611 Anton Boulevard, MOTION Costa Mesa. On motion by Councilman McFarland, seconded Purchase Approved by Councilwoman Hertzog, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 1 The Director of Public Services has requested approval Matt J. Zaich of Change Order No. 1, in the amount of $24,000.00, to the contract with Matt J.,Zaich and Sons, Incorporated, Upper F03 Reach 4 309 West Broadway, Glendale, in connection with the Hanover/Merrimac Upper F03 Reach 4, Hanover Drive to Merrimac Way storm Storm Drain drain project. The change order is necessary because additional time and labor is needed to remove the MOTION existing "cast -in-place pipe". On motion by Council - Change Order man McFarland, seconded by Councilwoman Hertzog, the Approved change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map and Subdivision Agreement were presented Tract 12055 - for Tract 12055, Fairview Management Company (Butler Fairview Housing Corporation), 1691 Kettering Street, Irvine; Management one lot, 6.95 acres, located at 2501 Harbor Boulevard, for 144 residential units. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the map 1 Assessment District- The Director of Public Services has requested release No. 82-2, South of retention funds to Psomas and Associates, 150-A Coast Metro Center Paularino Avenue, Costa Mesa, in connection with Assessment District No. 82-2, South Coast Metro Center. The consultants have completed their services in MOTION compliance with the terns of the contract. On motion Retention Funds by Councilman McFarland, seconded by Councilwoman Ordered Released Hertzog, the retention funds were ordered released by to Psoras the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None BUSINESS PERMIT Item 2 on the Consent Calendar was presented: Notice of Intention to Appeal or Solicit for Charitable Purpose Muslim Iranian from the Muslim Iranian Students Society, 2404 East Nut - Students Society wood Avenue, Suite C32, Fullerton, by solicitation of funds from November 8, 1984, to February 6, 1985, at various business and commercial locations to provide financial assistance to students attending California State University, Fullerton. Councilwoman Hertzog requested that this request be continued so that more information could be obtained MOTION from the applicant. On motion by Councilwoman Hertzog, Held Over seconded by Vice Mayor Johnson, and carried 5-0, this item was continued to the meeting of November 19, 1984. and agreement were approved; the Council did accept on MOTION behalf of the City the easement for ingress and egress Map and Agreement for emergency and security purposes; did also approve Approved said map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; the Clerk was author- ized to sign the map, and the Mayor and Clerk were authorized to sign the agreement on behalf of the City. The motion carried by the following roll call vote AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of The Lions Park Ballfield Light Conversion has been con - Lions Park Light pleted to the satisfaction of the Director of Leisure Conversion Services by Paxin Electric, Incorporated, 42831 Sierra Way, Lancaster. On motion by Councilman McFarland, MOTION seconded by Councilwoman Hertzog, the work was accepted; Work Accepted the Clerk was authorized to file a Notice of Ccmpletion; and authorization was given to exonerate the Perform- ance Bond and release retention funds 35 days 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 Improvements in Improvements in Tract 11326 have been completed to the Tract 11326 by satisfaction of the Director of Public Services by William and Louis William and Louis, Incorporated, 675 West 18th Street, Costa Mesa, for property located at that address. On MOTION motion by Councilman McFarland, seconded by Council - Work Accepted woman Hertzog, the work was accepted, and the bonds were ordered exonerated. 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 Assessment District- The Director of Public Services has requested release No. 82-2, South of retention funds to Psomas and Associates, 150-A Coast Metro Center Paularino Avenue, Costa Mesa, in connection with Assessment District No. 82-2, South Coast Metro Center. The consultants have completed their services in MOTION compliance with the terns of the contract. On motion Retention Funds by Councilman McFarland, seconded by Councilwoman Ordered Released Hertzog, the retention funds were ordered released by to Psoras the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None BUSINESS PERMIT Item 2 on the Consent Calendar was presented: Notice of Intention to Appeal or Solicit for Charitable Purpose Muslim Iranian from the Muslim Iranian Students Society, 2404 East Nut - Students Society wood Avenue, Suite C32, Fullerton, by solicitation of funds from November 8, 1984, to February 6, 1985, at various business and commercial locations to provide financial assistance to students attending California State University, Fullerton. Councilwoman Hertzog requested that this request be continued so that more information could be obtained MOTION from the applicant. On motion by Councilwoman Hertzog, Held Over seconded by Vice Mayor Johnson, and carried 5-0, this item was continued to the meeting of November 19, 1984. Agreement - Graves Item 8(a) on the Consent Calendar was presented: an agreement with Robert Clark Graves, Incorporated, Design of Restroom 2192 Dupont Drive, Suite 216, Irvine, in the amount of at Smallwood Park $8,150.00, for design of a new restroom at Smallwood and Tot Lot Renova- Park and the tot lot renovation at Lions Park. tion at Lions Park Sid Soffer, 900 Arbor Street, Costa Mesa, felt that staff should perform the work in order to save the cost of an outside designer. MOTION On motion by Councilman McFarland, seconded by Council - Agreement woman Schafer, the agreement was approved, and the Mayor Approved 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 Agreement - C.D.C. Item 8(b) on the Consent Calendar was presented: an agreement with C.D.C. Engineering, Incorporated, 2691 Design of TeWinkle Richter Avenue, Suite 121, Irvine, in the amount of Park Parking Lot $4,000.00, to provide plans and specifications for reconstruction of the TeWinkle Park parking lot (west side of Junipero Drive) and Presidio Square. Sid Soffer, 900 Arbor Street, Costa Mesa, again objected to the cost of this design work. MOTION On motion by Councilman McFarland, seconded by Council - Agreement woman Schafer, the agreement was approved, and the Mayor. Approved 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 Agreement - Van Dell Item 8(c) on the Consent Calendar was presented: an an agreement with Van Dell and Associates, Incorpor- Design of Newport ated, 17801 Cartwright Road, Irvine, in an amount not Frontage Road to exceed $14,000.00, for design of the Newport Frontage Parking Facilities Road parking facilities. Fees were previously established by Resolution 84-59 and were based on the reccmmendations of the Intercity Liaison Committee Five -Year Transportation Study. Based on current five-year needs in the industrialized area of Costa Mesa, Santa Ana, Irvine, and Newport Beach surrounding the airport, development fees of $58.00 per trip will be required to generate revenues to meet needs over the five years. Consequently, staff is proposing a development trip fee schedule as follows: 1 L Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in opposition to this contract. MOTION On motion by Councilwoman Schafer, seconded by Vice Agreement Mayor Johnson, 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 Development Item 10 on the Consent Calendar was presented: a Trip End Fees resolution revising development trip end fees for regional transportation improvements. Fees were previously established by Resolution 84-59 and were based on the reccmmendations of the Intercity Liaison Committee Five -Year Transportation Study. Based on current five-year needs in the industrialized area of Costa Mesa, Santa Ana, Irvine, and Newport Beach surrounding the airport, development fees of $58.00 per trip will be required to generate revenues to meet needs over the five years. Consequently, staff is proposing a development trip fee schedule as follows: 1 L Single-family housing - $650.00 per dwelling unit; Multiple -family housing - $475.00 per dwelling unit; Offices --$750.00 per 1,000 square feet; Industrial uses - $2,325.00 per acre; Warehouse uses - $1,750.00 per acre; Regional commercial - $2,025.00 per 1,000 square feet; Hotel - $700 per roan Sid Soffer, 900 Arbor Street, Costa Mesa, opposed the method by which the fees have been established. Councilman McFarland commented that these fees will be. paid by developers to improve roads and transportation; however, if Proposition 36 on the November 6, 1984, ballot passes, it will not be possible for municipali- ties to impose these charges. MOTION On motion by Councilman McFarland, seconded by Council - Resolution 84-128 woman Hertzog, Resolution 84-128, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING DEVELOPMENT TRIP CHARGES WITHIN NORTH 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 Public Hearings Mayor Hall announced that the public hearings for for GP -84-3B and General Plan Amendment GP -84-3B and Rezone Petition R-84-16 to be R-84-16 will be continued for two weeks as requested Held Over by the applicant. OLD BUSINESS The Clerk presented from the meeting of September 4, 1984, request for a Certificate of Public Convenience Certificate for and Necessity from G. T. Enterprises, doing business as G and G Cab G and G White Cab Conpany, 666 Baker Street, Suite 340, Costa Mesa, to allow pick up of fares within the City. MOTION On motion by Councilwoman Schafer, seconded by Council - Held Over woman Hertzog, and carried 5-0, this item was continued to November 19, 1984, as recommended by staff. Contract with The Clerk presented a letter fron H. S. Green, Incorpor- H. S. Green ated, dated October 16, 1984, concerning extension of the operator's contract for the Costa Mesa Golf and Operation of the Country Club. Costa Mesa Golf and Country Club The City Manager reported that H. S. Green, Incorpor- ated, -has requested that the present contract (which expires February 28, 1986) be extended through Febru- ary 20, 1991, with a one percent increase of gross income to the City, and a firm commitment as to the repair, maintenance, and upkeep of certain portions of the facility. In November, 1983, the City Council authorized the City Manager to renegotiate a contract with Green; however, terms have not been reached which are agreeable to both parties. The City Manager recom- mended that the new contract proposed by Green be rejected and that negotiations continue. In response to questions from the Council, the City Manager reported that if the City decides to go out to bid for this service, specifications must be written and completed by July, 1985, and a contract awarded no later than December, 1985. MOTION Councilman McFarland made a motion to deny extension of Rejected Contract the contract proposed by H..S._Green, Incorporated; Extension and directed the City Manager to continue negotiations with and Authorized Green until no later than February 28, 1985; and if no Negotiations to agreement has been reached by that date, directed the Continue City Manager to initiate the bid process. The motion MOTION Warrant 1266 Approved On motion by Councilwoman Hertzog, seconded by Vice Mayor Johnson, Warrant Resolution 1266, including Payroll 8421, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None MOTION On motion by Councilman McFarland, seconded by Council - Warrant 1267 woman Schafer, Warrant Resolution 1267 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 PUBLIC HEARING The Clerk announced that this was the time and place Appeal from Young set for the public hearing to consider an appeal from and Ellmore of Katherine Young and Rita Ellmore, 1773 and 1775 Newport ZE-84-52/RA-84-04 Boulevard, Costa Mesa, concerning the Planning Commis - Greeley sion's approval of Zone Exception ZE-84-52, Redevelop- ment Action RA -84-04, Alan Greeley, authorized agent ,for Dennis Hogland, 1769 Newport Boulevard, for a Conditional Use Permit for outdoor seating in conjunc- tion with a parking variance to legalize and to expand an existing restaurant located at 1767-1769 Newport Boulevard in a C2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Planning Commission action on the three-month review of the Golden Truffle. Restaurant valet parking service was to extend valet parking service subject to addi- tional review within six months, and annual review at subsequent 12 -month periods; and expand lunch seating to 42 (the 42 seats to be the combination of the origi- nal interior seating plus the exterior seating other than in inclement weather at which time the additional interior space can be utilized up to a maximum of 42) and expand dinner seating and weekend lunch seating to 72. Staff has recommended that for additional clarifi- cation and to reduce enforcement problems associated with the Cc mission's action, that the following modifi- cation be made to Recommendation No. 3 contained in staff's memorandum of September 28, 1984, Page 3: "The expansion into the adjacent suite to the north shall be closed off and shall not be used during weekday lunch hours (11:30 a.m. - 3:30 p.m.), except during inclement weather as allowed in Condition No. 2". was seconded by Councilwoman Hertzog. After further discussion, Councilman McFarland amended his motion to change the word "deny" to "reject". The amended motion was seconded by Councilwoman Hertzog, and carried 5-0. Zoning Moratorium The Clerk presented an urgency ordinance extending the on Fortune-telling effect of Urgency Ordinance 84-38 which enacted a zoning Businesses moratorium on fortune-telling businesses. MOTION On motion by Councilwoman Schafer, seconded by Vice Urgency Ordinance Mayor Johnson, Urgency Ordinance 84-42, being AN ORDI- 84-42 Adopted NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, EXTENDING THE EFFECT OF ORDINANCE 84-38, ENACTING A ZONING MORATORIUM ON FORTUNE-TELLING BUSI- NESSES, 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 Warrant 1266 Approved On motion by Councilwoman Hertzog, seconded by Vice Mayor Johnson, Warrant Resolution 1266, including Payroll 8421, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None MOTION On motion by Councilman McFarland, seconded by Council - Warrant 1267 woman Schafer, Warrant Resolution 1267 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 PUBLIC HEARING The Clerk announced that this was the time and place Appeal from Young set for the public hearing to consider an appeal from and Ellmore of Katherine Young and Rita Ellmore, 1773 and 1775 Newport ZE-84-52/RA-84-04 Boulevard, Costa Mesa, concerning the Planning Commis - Greeley sion's approval of Zone Exception ZE-84-52, Redevelop- ment Action RA -84-04, Alan Greeley, authorized agent ,for Dennis Hogland, 1769 Newport Boulevard, for a Conditional Use Permit for outdoor seating in conjunc- tion with a parking variance to legalize and to expand an existing restaurant located at 1767-1769 Newport Boulevard in a C2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Planning Commission action on the three-month review of the Golden Truffle. Restaurant valet parking service was to extend valet parking service subject to addi- tional review within six months, and annual review at subsequent 12 -month periods; and expand lunch seating to 42 (the 42 seats to be the combination of the origi- nal interior seating plus the exterior seating other than in inclement weather at which time the additional interior space can be utilized up to a maximum of 42) and expand dinner seating and weekend lunch seating to 72. Staff has recommended that for additional clarifi- cation and to reduce enforcement problems associated with the Cc mission's action, that the following modifi- cation be made to Recommendation No. 3 contained in staff's memorandum of September 28, 1984, Page 3: "The expansion into the adjacent suite to the north shall be closed off and shall not be used during weekday lunch hours (11:30 a.m. - 3:30 p.m.), except during inclement weather as allowed in Condition No. 2". The Development Services Director reported on the survey made by staff of the valet parking service which started in August. The service operates between 11:00 a.m. and 3:00 p.m., Tuesday through Friday, and between 5:30 p.m. and 10:00 p.m. Friday and Saturday. Use of the service by restaurant patrons is estimated at between 28 and 32 percent. The appellant, Kathy Young, owner of the Bamboo Terrace Restaurant, 1773 Newport Boulevard, stated the reason for her appeal is because evening hours were not con- sidered, and these are her best business hours. She commented that there is a parking problem during the dinner hours as well as the lunch hours. Mrs. Young pointed out that there is valet parking in the evening only on Friday and Saturday, and that when other busi- nesses in the area are having a special promotional event, the parking is impacted even more. The other appellant, Rita Ellmore, owner of the Country Store Nutrition, 1775 Newport Boulevard, urged Council not to allow the Golden Truffle Restaurant to expand its seating until the City has obtained additional parking spaces. She also asked that the City expedite construction of additional parking spaces in the berm area. Mayor Hall responded that the an agreement was approved earlier in the meeting for design of the new parking area and that construction should start in the spring of 1985. Alan Greeley, owner of the Golden Truffle Restaurant, 1767 Newport Boulevard, spoke in support of allowing the seating expansion approved by the Planning Commission. He encouraged other business owners to utilize the valet parking since his costs would not increase because of any additional services. In response to Mayor Hall's question, Mr. Greeley reported that there is no charge to the patrons for valet parking and repeated that the use of the service could benefit all businesses. Councilman McFarland suggested that all business owners in the area insist that their employees not use the front parking spaces and that trucks with advertise- ments on them also be removed from those spaces. Alan Greeley spoke again stating that he had no problem with the 42 -seat limit during lunch hours; however, he asked for the liberty of making the decision as to where that seating will be located. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his opinion that it is the City's responsibility to provide ample parking. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, spoke in support of allowing Mr. Greeley to expand his business. He commented that it is the owner's responsi- bility to make a success of his business, and that the City should not interfere with or take it upon itself to remedy the problems of any business. Jeff Martin, 589 Park Drive, Costa Mesa, informed the Council that he lives behind the restaurants, that he has been in that location for 7 years, and that he is in the process of building apartments. He stated that at this time, the valet service is bringing only a few cars down the alley; however, as business increases for the restaurants, the noise impacts may be detrimental to him and his prospective tenants. Paul Davis, owner of Immetta's Ticket Service, 1799 ,Newport Boulevard, advised that he represents seven 'other businesses in the area: D and H Service Center, ,1793 Newport Boulevard; Bailey's TV, 1799-1/2 Newport ;Boulevard; Lescot Nail Salon, 1795 Newport Boulevard; The Nut and Cracker Cafe, 1797 Newport Boulevard; Sal's ;Sports Haus, 1779 Newport Boulevard; Vikki's iDunge, ;1791-1/2 Newport Boulevard; and Bamboo Terrace. Mr. Davis felt that allowing additional seating for the Golden Truffle prior to the construction of additional parking spaces would be detrimental to the Bamboo Terrace's business. Councilwoman Hertzog pointed out that when the Bamboo Terrace was being relocated by the City (it was located on East 17th Street until the realignment of 17th Street), it was the Youngs that selected the present location, not the City. Paul Davis read an excerpt from a City document concern- 'ing relocation assistance and the necessity for a busi- ness to operate profitably. Mr. Davis indicated that it is the City's responsibility to see that the Bamboo Terrace operates profitably. Fred Slowski, 1822-1/2 Newport Boulevard, employee of the Golden Truffle, pointed out that Mr. Greeley has ,the additional parking for all businesses on Newport Boulevard, and that he is not hindering the Bamboo Terrace business. Mr. Slowski also commented that free enterprise is fundamental in our society. Alan Greeley again spoke and reminded the Council that he is providing and paying for additional parking and that it would not be fair to reduce the amount of seat - i. approved by the Planning Commission. In response to Mayor Hall's inquiry, Mr. Greeley stated that he,would put up a sign indicating free valet parking. Kathy Young also spoke again urging Council not to allow the expansion until additional parking is added. There being no other speakers, the Mayor closed the public hearing. Mayor Hall commented that no decision will satisfy all parties and that this issue is important to both 'restaurant owners. Councilman McFarland stated that it is imperative for the City to provide additional parking as soon as possi- ble. He also mentioned that he will be supporting the decision of the Planning CaTmission. Councilwoman Hertzog felt that once additional parking has been provided in the berm area, parking behind the 'restaurants should cease in order to protect the privacy And serenity of Mr. Martin and his tenants. MOTION A motion was made by Councilman McFarland, seconded by Expansion Councilwoman Schafer, to uphold the Planning Commis- Approvedsion's action for additional seating and continuation of the valet parking service, including staff's recom- mended modification, and specifying that review of this application shall'be done by staff. Further discussion ensued and thereafter Councilman McFarland amended his motion as follows: (1) Extend valet parking service, subject to addi- tional review by staff within six months and annual review at subsequent 12 -month periods. 1 (2) Expand allowable seating to 42 during weekday lunch hours (11:30 a.m. - 3:30 p.m.) and to 72 during evenings and weekends. (3) The expansion into the adjacent suite to the north shall be closed off and shall not be used during weekday lunch hours (11:30 a.m. - 3:30 P.M). Later in the evening under Oral Ccomunications, Alan Greeley pointed out that eventthough Council has approved seating for 42 patrons during lunch hours, he will not be able to utilize the outdoor seating during inclement weather. MOTION After brief discussion, Councilman McFarland amended Lunch Hour Seating his amended motion as follows: "Maximum seating during to be Determined weekday lunch hours shall be 42, and the location of by Staff that seating shall be determined under the direction of the Development Services Director." The motion was seconded by Councilwcman Hertzog, and carried 5-0. RECESS The Mayor declared a recess at 9:05 p.m., and the meet- ing eeting reconvened at 9:20 p.m. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-84-166 set for the public hearing to consider an appeal of the RCA Service/Perng Planning Commission's denial of ZE-84-166, from RCA Service Company, authorized agent for Hansen M. Perng, 2544 Newport Boulevard, Costa Mesa, for a variance from rear and side setback requirements to allow a 12 -foot high satellite dish antenna in conjunction with a previ- ously approved 54 -unit motel, located at the above address in a Cl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A communication in opposition to the variance has been received from Lawrence W. Kaban and Cecilia Ordaz, owners of property at 2534 Alder Lane. A petition representing 12 residents in the area also indicated opposition to the variance. Hansen Perng was present and explained that his contract with RCA Service Company states that permits must be obtained from the City prior to installation of the satellite dish antenna; however, RCA proceeded with the work without the required permits. Mr. Perng offered to submit new plans. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, commented on the setback requirements for this type of project. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the City should have adopted an ordinance regulating this type of application. Cecilia Ordaz, 2534 Alder Lane, spoke in opposition to the variance and also mentioned that the motel's trash enclosure has been installed along her property line instead of being set back as required by the City's code. The Development Services Director responded that the location of the trash enclosure is being investi- gated. There being no other speakers, the Mayor closed the public hearing. 50 MOTION On motion by Vice Mayor Johnson, seconded by Council- ZE-84-166 woman Hertzog, and carried 5-0, Council upheld the Denied Planning Commission's denial of the variance, including a direction to remove the dish foundation within 60 days of Council action. PUBLIC HEARINGS On motion by Councilwoman Schafer, seconded by Vice Lawhorn/Davidson Mayor Johnson, and carried 5-0, the following public GP -84-3B and hearings for Mahnaz Lawhorn, authorized agent for Cecil R-84-16 R. and Clyde E. Davidson, 235 Lillian Place, Costa Mesa, for property located at 259 Walnut Street and MOTION 1938 Westminster Avenue, were continued to November 19, Held Over 1984, as requested by the applicant: General Plan Amendment GP -84-3B, to change the land use designation from Low Density Residential to Medium Density Residential. Rezone Petition R-84-16, to change the zoning from R1 (Single-family Residential) to R2 (Multi -family Residential). Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. PUBLIC HEARING The Clerk announced that this was the time and place set Abandonment on for the public hearing to consider the abandonment of Laurie Lane surplus City right-of-way located along the east side of Laurie Lane. The Affidavit of Publication is on file in the Clerk's office, and the property was posted as required by law. A petition, representing 31 residents of the area, has been received and is in opposition to the abandonment. A six-foot high wall had been erroneously installed approximately 3-1/2 feet into the public right-of-way in connection with construction of a senior citizens housing project at 183 East Bay Street. Councilwoman Hertzog had requested that this item be reconsidered. The abandonment had been denied by the Council on August 6, 1984. She felt that the three feet of public right-of-way would be more valuable to the church and that greenery could be planted inside the wall. The Reverend Conrad Nordquist, pastor of St. John the Divine Episcopal Church, 183 East Bay Street, explained that the contractor would be responsible for moving the wall; however, moving the wall would eliminate needed storage space and the church would have the additional cost of maintaining the landscape between the wall and sidewalk. Bob Yoder, 155 Buoy Street, Costa Mesa, gave a lengthy presentation and showed slides of the project. He pointed out that the applicant had agreed to all condi- tions when the project was approved and that one of those conditions was that the six-foot wall was to be set back so that it did not encroach into the public right-of-way. There being no other speakers, the Mayor closed the public hearing. Councilman McFarland favored abandoning the public right-of-way and allowing the wall to remain. Council- woman Hertzog agreed with Mr. McFarland's continents. Vice Mayor Johnson felt that the contractor should correct his error and relocate the wall. Councilwoman Schafer expressed agreement with the Vice Mayor's view- point. A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, to adopt a resolution ordering the abandonment on the east side of Laurie Lane. MOTION After brief discussion, Councilwoman Schafer made a Abandonment substitute motion denying the abandonment and direc- Denied ing that the wall be moved to the location approved under Zone Exception ZE-84-38. -The substitute motion was seconded by Vice Mayor Johnson, and carried 4-1, Councilwoman Hertzog voting no. ORAL COMMUNICATIONS Diane Schiesel, 1898 Parkcrest Drive, Costa Mesa, read a letter from Cheryle Markel, Principal of Whittier School Crossing Elementary School, stating that the death of a student, Guards Joel Snyder, has devastated the parents, teachers, and students of the school. She asked that the City place crossing guards at appropriate intersections. Mayor'Hall and the Director of Public Services reported that the City has been having.a difficult time recruit- ing ecruiting people for employment as crossing guards. Vicki Snyder, 660-B Center Street, Costa Mesa, mother of Joel, was especially concerned over the safety of the five- and six-year-old students. Jan Charas, 2123 Federal Street,. Costa Mesa, member of the board of the Whittier School PTA, presented a copy of a petition containing 187 signatures. The petition urged Council to immediately place crossing guards on 18th Street at the intersections of Placentia Avenue and Monrovia Avenue. Connie Margitan, 780 Center Street, Costa Mesa, also spoke in support of immediate placement of crossing guards for Whittier School students. Jonathan Schiesel, 1898 Parkcrest Drive, Costa Mesa, reiterated that crossing guards should be placed at both intersections mentioned in the petition. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the City should establish its own guidelines concerning placement of guards. MOTION A motion was made by Vice Mayor Johnson, seconded by Establish Guard Councilwoman Schafer, and carried 5-0, directing staff Program to work with the Whittier PTA in establishing a guard program for the aforementioned intersections, with training and uniforms to be provided by the City. During discussion, the City Manager pointed out that staff has emphasized the volunteer program; however, the PTA has problems with recruitment. He also mentioned that when persons are trained by the City for crossing guard duties, liability rests with the City, not the guards. MOTION Since this matter is scheduled to be discussed and acted Traffic Commission upon at the Traffic Commission meeting of November 7, to Take Final 1984, Councilwoman Schafer made a motion that the deci- Action sion of the Commission be final so that staff can immediately implement that decision, and that the decision of the Commission be ratified by Council at a future Council meeting. The motion was seconded by Vice Mayor Johnson, and carried 5-0. COUNCILMANIC COMMENTS A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, and carried 5-0, directing the MOTION City Manager to expedite the design and construction of Expedite Parking additional parking spaces on Newport Boulevard Frontage Facilities Road south of 18th Street. The Council Members thanked Councilman McFarland for his dedication during his tenure on the Council. (Council- man McFarland had decided not to seek another term of office.) ADJOURNMENT The Mayor declared the meeti ourned at 11:10 p.m. Mayor of the Ci y of Costa Me a ATTEST: -Clerk of. the City of Costa sa 1 . I