HomeMy WebLinkAbout05/20/1985 - City Council230
REGULAR MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
MAY 20, 1985
The City Council of the City of Costa Mesa, California,-
met
alifornia,met in regular session May 20, 1985, at 6:30 p.m., in
the Council Chambers of City Hall, 77 Fair Drive, Costa
Mesa. The meeting was called to order by the Mayor,
followed by the Pledge of Allegiance to the Flag, and
Invocation by the Reverend Denis Lyons, St. John the
Baptist Catholic Church.
ROLL CALL Council Members Present: Hertzog, Hornbuckle, Wheeler,
Hall, (Schafer arrived at
7:10 p.m.)
Council Members Absent: None
Officials Present: City Manager, City Attorney,
Development Services Director,
Director of Public Services,
Deputy City Clerk
MINUTES
Council Member Wheeler asked to make an addition to
May 6 and 15,
his comments in the minutes of May 6, 1985, on Page
1985
8, in the sixth paragraph, by adding three words to the
last sentence: "He also commented that it was a waste
of taxpayers' money to assume the liabilities of a
defunct program without legal obligation." On motion by
Council Member Hall, seconded by Council Member Wheeler,
and carried 4-0, the minutes of the regular meeting of
May 6, 1985, were approved as amended, and the adjourned
meeting of May 15, 1985,,were approved as distributed
and posted.
ORDINANCES
A motion was made by Council -Member, Wheeler, seconded
by Council Member Hall;, ' and carried 4;-0, to read all
ordinances by title only:
Former Traffic
On motion by Council Member Hall, -seconded by Vice Mayor
Commissioners
Hornbuckle, Resolution 85-40, being A RESOLUTION OF THE
Commended
CITY COUNCIL OF THE CITY OF COSTA -MESA, CALIFORNIA,
COMMENDING ROBERT GRAHAM IN APPRECIATION OF NINE YEARS
MOTION
OF SERVICE ON THE COSTA MESA TRAFFIC COMMISSION, was
Resolution 85-40
adopted by the following roll call vote:
Adopted
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
Mayor Hertzog read the Resolution of Appreciation
camiending Robert Graham for his service on the Costa
Mesa Traffic Commission. Mr. Graham was present to
accept the document.
MOTION
on motion by Council Member Hall, seconded by Vice Mayor
Resolution 85-41
Hornbuckle, Resolution 85-41, being A RESOLUTION OF THE
Adopted
CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
COMMENDING WAYNE KRAISS IN APPRECIATION OF FIVE YEARS
AND NINE MONTHS OF SERVICE ON THE COSTA MESA TRAFFIC
COMMISSION, was adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
Mr. Kraiss was unable to attend the meting to receive
his Resolution of Appreciation.
iJ
Oaths of Office The Deputy Clerk gave the oaths of office to new Traffic
New Traffic Commissioners Derald Hunt, Bob Hanson, Jack Lincoln, and
Commissioners Ibbert Hammond. Elsie Mae Deeter was unable to attend
the meting.
The Mayor stated that Mr. Hunt and Mr. Lincoln will
serve four-year terms, and Mr. Hanson, Mr. Hammond, and
Ms. Deeter will serve two-year terms.
ORAL
COMMUNICATIONS Denise Curry, President of Mesa West Homeowners Associa-
tion, 1851 Parkglen Circle, Costa Mesa, stated that the
Transition association would like to culminate all issues regarding
Zone the transition zone, 19th Street widening, and the pro-
posed bridge on 19th Street over the Santa Ana River.
bridge. She commented that they had a good turnout at
their forum last Tuesday, and that the citizens notice
whether or not Council Members are present. Ms. Curry
asked if the public could be made aware of the Public
Opinion Survey.
Max Meisler, 2775 Mesa Verde Drive East, Costa Mesa,
spoke regarding the increase of rent rates.
J. Louis Fredrick, 2775 Mesa Verde Drive East, Costa
Mesa, commented that he has watched the progress of
Golf Course Drive since the first median was installed,
and asked if the median was going to again be replaced.
Mayor Hertzog explained the why the median was removed
and stated that the median will be replaced in the near
future.
Mr. Fredrick also commented the City has leaned more
towards commercial development rather than housing.
Sid Soffer, 900 Arbor Street, Costa Mesa, spoke regard-
ing housing in Costa Mesa, the severe dips on Monrovia
Avenue, and Procedural Godes for Council Meetings.
CONSENT CALENDAR The following item was removed from the Consent Calen-
dar: Item 16, one-year renewal of agreement with
Kenneth Sampson.
On motion by Council Member Hall, seconded by Council
Member Wheeler, the remaining Consent Calendar items
were approved in one motion by the following roll call
vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
WRITTEN
COMMUNICATIONS On motion by Council Member Hall, seconded by Council
Member Wheeler, Resolution 85-42, being A RESOLUTION OF
Records Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
for Revenue Division AUTHORIZING RECORDS DESTRUCTION FOR THE REVENUE DIVISION
OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO.
MOTION 75-60, was adopted by the following roll call vote:
Resolution 85-42 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Adopted Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
READING FOLDER On motion by Council Member Hall, seconded by Council
Member Wheeler, and carried 4-0, the following Fading
Folder items were received and processed:
Claims Claims received by the City Clerk: Attorney Leigh A.
Datzke r on behalf of California Standard Indemnity/
White Transportation; Douglas Silber; and Attorney
232
James L. Roper on behalf of Soils Stabilization and
Mixing, Incorporated.
Alcoholic Alcoholic Beverage License applications for which
Beverage parking has been approved by the Planning staff:
Licenses I1 Suk and Soo Ja Koh, doing business at 2205 Fairview
Road; Gus De Falco, doing business at 270 East 17th
Street, Suite "A"o In Suk and Michael Young C. Park,
doing business as Norval's Liquor, 1746 Placentia
e
Avera ; and Gorge Albert Pearson, doing business as
G & M Oil Company, 2995 Bristol Street.
AB 1327 - Ccimnunication from the City of Placentia in support of
Annexations Assembly Bill 1327 which would amend the State Govern -
Ant Code to eliminate the 50 percent registered voter
protest rule relative to the annexation of unincorpor-
ated "islands" within city boundaries.
BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable
Purpose has been received from Associated General Con -
Associated General tractors of California, 1535 East 17th Street, Suite S,
Contractors Santa Ana, by raising funds from May 21 through June 28,
1985, and by holding a Casino Royale on June 28, 1985,
MOTION at the Costa Mesa Golf and Country Club. On motion by
Permit Approved Council Member Hall, seconded by Council Member Wheeler,
and carried 4-0, the permit was approved with appli-
cation of Section 9-2341 of the Municipal Code.
City of Hope Notice of Intention to Appeal or Solicit for Charitable
Purpose has been received from City of Hope - A National
Medical Center, 208 West Eighth Street, Ips Angeles, by
MOTION door-to-door solicitation of funds, June 9 through 30,
Permit Approved 1985. On motion by Council Member Hall, seconded by
Council Member Wheeler, and carried 4-0, the permit
was approved with application of Section 9-234J of the
Municipal Code.
SET FOR PUBLIC
HEARING On motion by Council Member Hall, seconded by Council
Member Wheeler, and carried 4-0, the following items were
set for public hearing on June 3, 1985, at 6:30 p.m., in
the Council Chambers of City Hall:
Outdoor Seating Ordinance amending the Costa Mesa Municipal Code
for Restaurants concerning outdoor seating for restaurants. Environ-
mental Determination: Exempt.
SP -85-01 Specific Plan SP -85-01, discussing zoning and develop-
ment options for properties bordered by Newport Boule-
vard, East 16th Street, Orange Avenue, and East 17th
Street. Environmental Determination: Negative
Declaration.
Underground Formation of Underground Utility District No. 17, Fair
Utility District Drive from Fairview load to Newport Boulevard and Del
No. 17/Fair Drive Mar Avenue, and from Newport Boulevard to 350 feet
east of Elden Avenue.
Landscaping
Assessment
District No. 1
MOTION
Resolution 85-43
Adopted Setting
a Public Hearing
On motion by Council Member Hall, seconded by Council
Member Wheeler, Resolution 85-43, being A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,.
DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
DURING FISCAL YEAR 1985-1986 WITHIN CITY OF COSTA MESA
LANDSCAPING ASSESSMENT DISTRICT NUMBER 1, Tracts 9901
and 12011, located south of Sunflower Avenue and east of
Smalley Road, setting a public hearing for June 3, 1985,
was adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
1
Landscaping
Assessment
District No. 2
MOTION
Resolution -85-44
Adopted Setting
a Public Hearing
REJECTED CLAIMS
Anderson
Manecke
byes
On motion by Council Member Hall, seconded by Council
Member Wheeler,.Rasolution 85-44, being A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
DURING FISCAL YEAR 1985-1986 WITHIN CITY OF COSTA MESA
LANDSCAPING ASSESSMENT DISTRICT NUMBER 2, Tract 10513,
located west of Bear Street and north of Route 73, set-
ting
etting a public hearing for June 3, 1985, was adopted by
the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
On motion by Council Member.Hall, seconded by Council
Member [xbeeler, and carried 4-0, the claim from Irene E.
Anderson was rejected.
On motion by Council Member Hall, seconded by Council
Member Wheeler, and carried 4-0, the claim from Irwin
Manecke was rejected.
On motion by Council Member Hall, seconded by Council
Member Wheeler, and carried 4-0, the claim from Fidel
Reyes was rejected.
Reconstruction Bids received for Reconstruction of Parkway and Planting
of Parkway and of New Trees on Various Streets are on file in the
Planting New Clerk's office. On motion by Council Member Hall,
Trees on Various seconded by Council Member Wheeler, the contract was
Streets awarded to R. J. Noble Company, 15505 East Lincoln Ave-
nue, Orange, in the amount of $67,392.68. The motion
MOTION carried by the following roll call.vote:
Awarded to AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
R.J. Noble Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
Emergency Repair The City Manager has recommended emergency repair of
of Water System the wager system in the Police building. The work will
at Police Facility be done by C. C. Cole Plumbing and Heating, 2280 Newport
Boulevard, Costa Mesa, at a cost of $8,567.41. On
MOrTION motion by Council Member Hall,, seconded by Council Mem-
Repair Authorized ber lhbeeler, the repair .was authorized by the following
roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
17th Street The Director of Public Services has recommended accept-
Signal
cceptSignal System ance of 95 percent of the work performed on the 17th
Street Signal System by Four Simon, Incorporated, 3265
MOTION Fletcher Drive, Los Angeles. On motion by Council
Completed Wbrk Member Hall, seconded by.Council Member Wheeler, the
Accepted- completed work was accepted; the Clerk was authorized to
file a Notice of Completion for 95 percent of the work;
the bonds were ordered exonerated immediately; and staff
was directed to transfer all remaining money to the City
fund and Council ordered that,no additional funds shall
be paid to the contractor. The motion carried by the
following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
Door and Steps at Construction of a Door and Steps at the Neighborhood
Neighborhood Cm munity Center have been completed to the satisfaction
Ccununity Center of the Director of Leisure Services by Spec Builders,
25041 Earhart Road, Laguna Hills. On motion by Council
MOTION Member Hall, seconded by Council Member Wheeler, the
Work Accepted work was accepted; the Clerk was authorized to file a
Notice of Ccmpletion; Council authorized release of
retention funds 35 days after filing the Notice of Ccnr
pletion; and the bonds were ordered exonerated 12 months
after filing the Notice of Completion. The motion car-
ried by the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
Transfer of refunds The Assistant Director of Finance has requested per mis-
to General Account sion to transfer three deposit refunds, for a total of
Agreement/Orco The Director of Public Services has requested approval
of an agreement with Jaycox Disposal Company, Incorpor-
Special Trash ated, doing business as Orco Disposal, 2051 Placentia
Pickup Avenue, Costa Mesa, for a special Citywide trash pickup
for a nine -week period beginning in June, at a cost of
MOTION $24,900.00. On motion by Council Member Hall, seconded
Agreement by Council Member Wheeler, the agreement was approved
Approved by the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
Amendment to On motion by Council Member Hall, seconded by Council
Safety Employees Member Wheeler, resolution 85-45, being A RESOLUTION OF
retirement Plan THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
AMENDING THE RETIREMENT PLAN FOR SAFETY EMPLOYEES OF THE
MOTION CITY OF COSTA MESA, approving a cost of living increase
resolution 85-45 for retirees, was adopted by the following roll call
Adopted vote
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
Final Map for The Final Map was presented for Tract 12183, C and S
Tract 12183/ Properties, 18226 vb st McDermott, Suite D, Irvine;
C and S one lot, 0.38 -acre, located at 192 East 22nd Street.
Properties On motion by Council Member Hall, seconded by Council
Member Wheeler, the map was approved; the Council did
accept on behalf of the public the dedication of 22nd
1
$300.00, to the General Account. The people who were
MOTION
to receive the refunds have moved and cannot be located.
Transfer
On motion by Council Member Hall, seconded by Council
Approved
Member Wheeler, the request was approved by the follow-
ing roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
Agreement/Orange
The Cmmunications Director has requested approval of a
County
joint agreement with the County of Orange for operation
of the Orange County Automatic Telecommunications
Law Enforcement
System by upgrading the Law Enforcement Message Switcher
Message Switcher
System. The usage of the switch has increased from
System
30,000 messages per month in 1972 to 3,000,000 messages
per month currently. The projected estimate per month
MOTION
by 1989 is 6,000,000 messages per month. On motion by
Agreement
Council Member Hall, seconded by Council Member Wheeler,
Approved
the agreement was approved by the following roll call
vot:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
Agreement/Orco The Director of Public Services has requested approval
of an agreement with Jaycox Disposal Company, Incorpor-
Special Trash ated, doing business as Orco Disposal, 2051 Placentia
Pickup Avenue, Costa Mesa, for a special Citywide trash pickup
for a nine -week period beginning in June, at a cost of
MOTION $24,900.00. On motion by Council Member Hall, seconded
Agreement by Council Member Wheeler, the agreement was approved
Approved by the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
Amendment to On motion by Council Member Hall, seconded by Council
Safety Employees Member Wheeler, resolution 85-45, being A RESOLUTION OF
retirement Plan THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
AMENDING THE RETIREMENT PLAN FOR SAFETY EMPLOYEES OF THE
MOTION CITY OF COSTA MESA, approving a cost of living increase
resolution 85-45 for retirees, was adopted by the following roll call
Adopted vote
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
Final Map for The Final Map was presented for Tract 12183, C and S
Tract 12183/ Properties, 18226 vb st McDermott, Suite D, Irvine;
C and S one lot, 0.38 -acre, located at 192 East 22nd Street.
Properties On motion by Council Member Hall, seconded by Council
Member Wheeler, the map was approved; the Council did
accept on behalf of the public the dedication of 22nd
1
235
Street for street purposes; did also accept on behalf of
the City of Costa Mesa the easement for emergency and
public security ingress/egress purposes as dedicated;
and the Clerk was authorized to sign the map on behalf
of the City. The motion carried by the following roll
call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Schafer
Mesa -Newport Item 16 on the Consent Calendar was presented: One-year
Marina renewal of the agreement with Kenneth Sampson, 2521
Bayshore Drive, Newport Beach, at a cost of $500.00 per
Agreement Renewal/ month, for consulting services for the Mesa -Newport
Sampson Marina.
During discussion, Council Member Wheeler questioned
the feasibility of pursuing the construction of a
marina. Council`Member Hall camuented that approxi-
mately $200,000.00 has been spent over a 20 -year period
on studies, and he felt that the City should continue to
pursue this because a resolution should be forthcaning
shortly. Vice Mayor Hornbuckle agreed to approve the
consulting services for one more year.
MOTION On motion by Council Member Wheeler, seconded by Vice
Agreement Mayor Hornbuckle, the agreement with Kenneth Sampson
Approved was approved by the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Hall
NOES: COUNCIL MEMBERS: Wheeler
ABSENT: COUNCIL MEMBERS: Schafer
Mayor Hertzog announced that there will be a five-
minute limit for members of the public wishing to speak
regarding items on the Agenda unless they are directly
involved with the project.
OLD BUSINESS
A motion was made by Council Member Wheeler, seconded
Employee of by Vice Mayor Hornbuckle, and carried 4-0, approving
the Month the Employee Recognition Program to formally acknow-
recognition ledge the employees of the City, as outlined and
Program implemented in the City Manager's memorandum dated
May 16, 1985.
Camnercial The Deputy Clerk announced six recanmendations frau
rehabilitation staff concerning the Commercial rehabilitation Pro -
Program gram for property located on the east side of Newport
Boulevard between 18th Street and Broadway. The recan-
mendations are contained in a memorandum dated May 20,
1985.
MOTION A motion was made by Vice Mayor Hornbuckle, seconded
Bids Rejected by Council Member Wheeler, and carried 4-0, rejecting
all bids for construction of the improvements in the
Cam-ercial rehabilitation Demonstration Block.
MOTION A motion was made by Council Member Wheeler, seconded
Scope of Project by Mayor Hertzog, and carried 4-0, reducing the scope
Reduced of the project.
MOTION A motion was made by Council Member Wheeler, seconded
Authorized by Council Member Hall, and carried 4-0, authorizing
New Bids staff to solicit new bids.
Council Member -Schafer arrived at 7:10 p.m.
MOICION ' On motion by Council Member Hall, seconded by Council
Amendment Member Wheeler, an amendment to the agreement with
Approved Martin Project Management, Incorported, 5030 Clark Ave-
236
nue, Lakewood, for construction management services,
increasing the existing agreement by $41,000.00, was
approved, and the Mayor was authorized to sign on behalf
of the City. The motion carried by the following roll
call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
MOTION On motion by Council Member Hall, seconded by Council
Agreements Member Wheeler, ageements with property owners in the
Approved Camnercial Rehabilitation Area for public ingress/
egress for two public walk-throughs were approved, and
the Mayor and Clerk were authorized to sign on behalf of
the City. The motion carried by the following roll call
vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
MOTION On motion by Council Member Hall, seconded by Vice
Agreement Mayor Hornbuckle, the agreement with Security Pacific
Approved Bank, 8141 Second Street, Suite 330, Downey, for
processing low-interest loans for the Coninercial Rehab-
ilitation Project was approved, and the Mayor and Clerk
were authorized to sign on behalf of the City. The
motion carried by the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
WARRANTS
On motion by Council Member Wheeler, seconded by Vice
MOTION Mayor Hornbuckle, Warrant Resolution 1286, including
Warrant 1286 Payroll 8509, was approved by the following roll call
Approved vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Conflict of The City Attorney presented an ordinance updating the
Interest list of positions covered by the disclosure provisions
Ordinance of the City's Conflict of Interest Code. The revised
list adds new positions that have been created since
the original ordinance was adopted, emits positions
that have been eliminated, and renames those that have
been re -titled. The City Manager's position has been
dropped from the list, because Goverrment Code Section
87200 specifically covers that matter.
MOTION On motion by Council Member Hall, seconded by Council
Ordinance 85-13 Member Schafer, Ordinance 85-13, being an ORDINANCE OF
Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
Reading REVISING THE LISTING OF POSITIONS COVERED BY THE CON-
FLICT OF INTEREST CODE OF THE CITY OF COSTA MESA, was
given first reading and passed to second reading by
the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Senate Bill The City Manager referred to Senate Bill 1257 relating
1257/City Noise to enforcement of City regulations at the Orange County
Control at Fairgrounds. The City Attorney has suggested a revised
Fairgrounds text for SB 1257 which only deals with the City's resi-
dential noise control ordinance.
The City Manager recommended that the Urgency Clause
remain in the Bill if it is to be heard on June 4, 1985.
If the Urgency Clause is removed, the Bill will have
lost all of its prerogatives, and would be held over
another year.
Vice Mayor Hornbuckle asked what type of barriers
would be used until a decision is made. Council Member
Wheeler commented that at the present time reflector
cones are beim used, and perhaps striping is an alter-
native solution.
The Public Services Director stated that painted
barriers would not prevent two cars from meeting head-,
on, but will separate northbound versus southbound
traffic. He reported that painting could be completed
by Wednesday, May 22.
Council Member Wheeler amended his motion directing
staff to paint an appropriate barrier at the affected
site as soon as possible. Vice Mayor Hornbuckle agreed
to the amended motion.
A member of the audience stated that as of 6:30 p.m.,
there were two painted yellow lines dividing Golf Course
]rive. In view of this information, Council Member
Wheeler deleted the amendment to the motion. The motion
carried 5-0.
City Manager The City Manager read a letter addressed to the Honor -
IL -signs able Mayor and Council:
The City Manager encouraged the City Council to hire
Dennis Carpenter as an advocate for the City of Costa
Mesa, to shepherd this bill through the necessary can-
mittees in the Senate and in the Assembly. The cost of
these services would be $25,000.00.
MOTION
A motion was made by Council Member Hall, seconded by
l�a tain Urgency
Council Member Wheeler, and carried 5-0, to retain the
Clause in
Urgency Clause in Senate Bill 1257, and approving pro -
Senate Bill 1257
posed revisions as submitted by the City Attorney in his
letter dated May 16, 1985, to State Senator John Seymour.
MOTION
On motion by Council Member Wheeler, seconded by Council
Authorized Hiring
Member Schafer, authorization was given to hire the firm
of Carpenter,
of Carpenter, Zenovich and Associates, 1121 "L" Street,
Zenovich and
Sacramento, in an amount not to exceed $25,000.00, to
Associates
consult and assist the City in the passage of Senate
Bill 1257, and that the funds be allocated and appropri-
ated from the General Government - Promotion and Adver-
tising Fund. The motion carried by the following roll
call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Golf Course
The City Manager reported on the use of Jersey barriers
Drive - Use of
on Golf Course Drive during the interim period before
Jersey_ Barriers
the new median is constructed. The cost to install and
rent the 20-foot/4-ton section barriers for a period
of three months will be $8,290.00.
MOTION
After discussion, Council Member Wheeler made a motion
Held Over;
to continue this item to the meeting of June 17, 1985;
Staff Directed
to have staff contact homeowners who spoke at the meet -
to Contact
ting of May 6, 1985; and to set up a meeting between
Homeowners
interested homeowners and Council Members to discuss
less expensive solutions to this problem. The motion
was seconded by Vice Mayor Hornbuckle.
Vice Mayor Hornbuckle asked what type of barriers
would be used until a decision is made. Council Member
Wheeler commented that at the present time reflector
cones are beim used, and perhaps striping is an alter-
native solution.
The Public Services Director stated that painted
barriers would not prevent two cars from meeting head-,
on, but will separate northbound versus southbound
traffic. He reported that painting could be completed
by Wednesday, May 22.
Council Member Wheeler amended his motion directing
staff to paint an appropriate barrier at the affected
site as soon as possible. Vice Mayor Hornbuckle agreed
to the amended motion.
A member of the audience stated that as of 6:30 p.m.,
there were two painted yellow lines dividing Golf Course
]rive. In view of this information, Council Member
Wheeler deleted the amendment to the motion. The motion
carried 5-0.
City Manager The City Manager read a letter addressed to the Honor -
IL -signs able Mayor and Council:
"It is with regret that I infom you of my intention to
teminate my employment as City Manager with the City
of Costa Mesa, effective October 25, 1985.
"My tenure with this outstanding community has been
very rewarding for my family and me. Little did I know,
back in September 1968, that eventually I would become
City Manager of this dynamic City. I hope that I have
been able to provide the leadership necessary to paral-
lel Costa Mesa's growth.
"As'we all know, there canes a time when change is
necessary. I feel that now is that time for Costa Mesa.
I feel that I have accomplished all of my personal goals
and those of the City Council in the last 15 years as
City Manager. Having accomplished these goals, I feel
that I want to do and accomplish sanething different in
my life. During 1986, it will be my honor, if elected,
to serve E1 Bekal Shrine Temple as its Potentate. This
position will be more than a full-time position if I am
to serve the 4,700 Nobles of El Bekal Temple in an
adequate manner. It is not right nor fair to take that
time away from the City of Costa Mesa; thus I have
decided to make a career change. After my tenure in
office as Potentate, I will seek employment in another
field, utilizing the skills I have been able to practice
in Costa Mesa.
"I want to' thank the first City Council I worked with
for putting their trust and confidence in me and to the
other members of the City Council since then. Many
fine, dedicated men and women have served on these
Councils. To you, the present City Council, I want to
express my personal thanks and wish you well in recruit-
ing for a new City Manager. The challenge is there, and
I know you will not fail yourselves or the community.
The time line should be sufficient to have the new person
hired prior to my leaving.
"To all my Departnent Managers, I want to thank each of
you for an outstanding job and dedication to public
service. It is my opinion that we have the finest group
of Managers in California.
"Last but not least, thanks to the more than 550 employ-
ees who always do an outstanding job for the community
and who have made my work easier by adapting to the
changes necessary for the organization to meet the needs
of all the residents of Costa Mesa. You really are the
life blood of this City. Keep up the good work.
"Again, thank you, Council, for all the opportunities."
Mayor Hertzog accepted his resignation with regret.
The City Manager stated that the next item for consider-
ation should be the—employment of Ralph Andersen and
Associates, 1446 Ethan Way, Suite 101, Sacramento, for
executive recruitment assistance.
MOTION On motion by Council Member Hall, seconded by Council
Authorization Member Schafer, authorization was given to hire the
Given to Hire firth of Ralph Andersen and Associates for executive
Ralph Andersen recruitment assistance per their proposal dated
and Associates March 25, 1985. The motion carried by the following
roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
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239
PUBLIC HEARING The Deputy Clerk presented from the meeting of May 6,
Council Review 1985, the public hearing for Council review of Planning
of PA -85-66 Action PA -85-66, Devon A. Belding, 4920 Campus Drive,
Belding/Wade Mwport Beach, authorized agent for Elizabeth W. Wade,
Post Office Box 6283, Santa Ana, for a Conditional Use
Permit to allow an automotive dealership with outdoor
display at 2990 Bristol Street in a Cl zone. Environ-
mental Determination: Exempt. No communications have
been rece ived.
The Director of Development Services gave a slide
presentation of the site and the surrounding area. He
stated that the Planning Commission, at their meeting of
April 22, 1985, approved PA -85-66, based on the findings
that it is an appropriate use within the area, will not
be detrimental to surrounding.properties, and is an
improvement over the present conditions at the site; and
subject to the conditions contained in the Staff Report
with Condition Nos. 2, 5, and 7 modified, and the addi-
tion of Condition No. 30. Staff recommended denial
because the evidence presented does not satisfy Costa
Mesa Municipal Code Section 13-347 as the display and
sale of vehicles will over -utilize the site, is not
compatible with existing and proposed uses along Bristol
Street and, therefore, would be materially detrimental
to the subject site and surrounding properties.
After the Planning Commission meeting, staff was con-
tacted by Jack Hammet, Administrator of the Bristol
Park Medical Center, 722 Baker Street, Costa Mesa, who
opposes the project.
Devon Belding, 4920 Campus Drive, Newport Beach, stated
that there would be no broadcasting over a public add-
ress system and no servicing of cars on the site. It
would be used strictly for the sale of used cars not
over one year old. The site would be landscaped and the
existing building refurbished. She also stated that
this site would be used only for the interim time until a
larger development is proposed for the site. She gave a
slide presentation of the site and the surrounding area.
Jim Ayres, 2711 Loretto Avenue, Costa Mesa, commented
that Harbor Boulevard is more appropriate for car sales.
Devon Belding responded that Harbor Boulevard was con-
sidered, but there are no locations available.
Sid Soffer, 900 Arbor Street, Costa Mesa, expressed
disagreement with the Council proceedings. He commented
that staff members who prepare Staff Ieports should be
present to answer questions.
There being no other speakers, the Mayor closed the
public hearing.
Council Member Hall commented on why he thought the
application should be approved, and thereafter, made
a motion to approve PA -85-66, subject to the conditions
contained in the Staff ILport, the modification of
conditions by the Planning Commission, the additional
condition by the Ccamnission based on their findings,
with the additional finding that the project will hold
the land in abeyance for future better development and
will improve the appearance of the property at the
present time. The motion was seconded by Vice Mayor
Hornbuckle.
Council Member VAhzeeler commented that a Conditional Use
Permit (CUP) should not be granted because the use for
this site is inappropriate and urged the Council to
reject the CUP.
2-10
The motion to approve PA -85-66 failed to carry 4-1,
Council Members Hertzog, Schafer, Hornbuckle, and
Wheeler voting no.
MOTION
A motion was made by Council Member Wheeler, seconded
PA -85-66
by Council Member Schafer, and carried 4-1, Council
Denied
Member Hall voting no, to deny PA -85-66, based on the
findings and analysis of staff, the evidence presented
to the Council, including reasonable presumptions that
are derived from existing evidence, and evidence which
_
includes carmlonly known and accepted facts, such as
facts that certain uses are not compatible with resi-
dential areas.
PUBLIC HEARING
The Deputy Clerk announced that this was the time and
R-85-06
place set for the public hearing to consider Rezone
Gussin/Crickmay/
Petition R-85-06, Alan J. Gussin, authorized agent for
Carter
C. James Crickmay, 781 West 18th Street, Costa Mesa,
and Nora Carter, 785 West 18th Street, Costa Mesa, for
permission to change the zoning at the above addresses
from R2 to R3. Environmental Determination: Negative
Declaration. The Affidavit of Publication is on file
in the Clerk's office. No communications have been
received.
The Development Services Director stated that the
Planning Ccomission and staff recommended approval
of Rezone Petition R-85-06, which meets criteria that
staff has used for new rezones. The applicant is the
developer of the condaniniums at the corner of Placentia
Avenue and 18th Street.
The applicant, Alan Gussin, 2841 White Star Avenue,
Suite D, Anaheim, was present and responded to questions
from the Council.
There being no other speakers, the Mayor closed the
public hearing.
MOTION On motion by Council Member Schafer, seconded by Council
Ordinance 85-14 Member Wheeler, the Negative Declaration of Environ -
Given First mental Impact was adopted; Ordinance 85-14, being AN
Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, CHANGING THE ZONING OF PROPERTIES AT 781 AND
785 WEST 18TH STREET FROM R2 TO R3; was given first read-
ing; and second reading and adoption was delayed until
the parcels are legally combined. The motion carried
by the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
PUBLIC HEARING The Deputy Clerk announced that this was the time and
SP -79-01A and place set for the public hearing to consider Specific
R-85-07 Plan SP -79-01A and Rezone Petition R-85-07, Nelson
Chung/Grant P. H. Chung, 14861 Sumac Avenue, Irvine, authorized
agent for Gene Grant, 2608 South Harbor Boulevard, Santa
Ana, for an amendment to the specific plan and a rezone
from R2 to R3 for property located at 2025 Wallace Ave-
nue. Environmental Determination: Negative Declaration.
The Affidavit of Publication is on file in the Clerk's
office.
A communication has been received from Nelson P. H.
Chung, requesting that the application be withdrawn.
MOTION On motion by Council Member Hall, seconded by Council
SP-79-01A/R--85-07 Member Wheeler, and carried 5-0, this item was with -
Withdrawn drawn as requested by the authorized agent. .
�12W_11
PUBLIC HEARING The Deputy Clerk announced that this was the time
R-85-08 - and place set for public hearing to consider Rezone
Patterson/ Petition R-85-08, Rob Patterson, 18002 Skypark Circle,
Professional Irvine, authorized agent for Professional Pacific
Pacific Investments, Incorporated, 1520 Nutmeg Place, Suite 101,
Investments Costa Mesa, for permission to rezone a vacant lot west
of 2039 Wallace Avenue from R2 to R3. Environmental
Determination: Negative Declaration. The Affidavit of
Publication is on file in the Clerk's office. No commun-
ications have been received.
The Director of Development Services stated that the
Planning Commission and staff recommended approval of
the re zone .
Gerald Gold, Professional Pacific Investments, Incorpo-
rated, was present to answer questions; however, there
were no questions from the Council.
MOTION
On motion by Council Member Hall, seconded by Vice
Ordinance 85-15
Mayor Hornbuckle, the Negative Declaration of Environ -
Given -First
mental Impact was adopted; Ordinance 85-15, being AN
Reading
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, CHANGING THE ZONING OF PROPERTY LOCATED AT
2039 WALLACE AVENUE FROM R2 TO R3, was given first read-
ing; and second reading and adoption was delayed until
recordation of the Parcel Map. The motion carried by
the following roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
. Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
NEW BUSINESS
The Deputy Clerk presented a resolution declaring
End of All
August 6, 1985, the day to end all nuclear weapons
Nuclear Weapons
explosions and 1985 as the year to end the awns race.
Explosions; End
of Arms Race
A motion was made by Council Member Wheeler to adopt
Resolution 85-46 as presented to Council. Council Mem-
ber Hall seconded the motion, and further discussion
followed.
Council Member Hall asked to make an addition•to the
proposed resolution on Page 2, No. 2: l;�equest that.the
United States, the Soviet Union, and all other nations.
with the capability of producing nuclear arms declare '.-
a Simultaneous Test Ban on the explosion of nuclear
weapons on August 6, 1985.
Council Member Wheeler requested that the resolution,
if adopted, be communicated to the Center for Defense -
Information, at 303 Capital Gallery West and 600 Mary-
land Avenue Southwest, Washington, D.C. 20024, which is
coordinating the nationwide movement for the passage of
this resolution.
MOTION
Council Member Wheeler amended his motion to adopt
Resolution 85-46
Resolution 85-46, being A RESOLUTION OF THE CITY OF
Adopted
COSTA MESA, CALIFORNIA, DECLARING AUGUST 6, 1985, THE
DAY TO END ALL NUCLEAR WEAPONS EXPLOSIONS AND 1985 AS
THE YEAR TO END THE ARMS RACE, including the addition
suggested by Council Member Hall; and directing staff
to forward the document to the Center for Defense
Infornation. The amended motion was seconded by Council
Member Hall, and carried by the following roll call
vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
1985-86 The Deputy Clerk presented the 1985-86 Ccmunity
Ccomunity Develognent Block Grant recamiendations. After brief
Develognent discussion, a motion was made by Council Member Hall,
Block Grant seconded by Council Member Schafer, to approve staff's
recamiendations contained in the memorandum dated May 10,
MOTION 1985, and changing "Improvements - Senior Facility" to
Staff "Improvements - Senior Services". The motion carried
Recommendations by the following roll call vote:
Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Regulating
The Deputy Clerk presented an ordinance regulating
Parking of Tall
parking of tall vehicles. On motion by Vice Mayor
Vehicles
Hornbuckle, seconded by Council Member Wheeler, Ordi-
nance 85-16, being AN ORDINANCE OF THE CITY COUNCIL
MOTION
OF THE CITY OF COSTA MESA, CALIFORNIA, REIATING TO THE
Ordinance 85-16
REGULATION OF THE PARKING OF VEHICLES, was given first
Given First
reading and passed to second reading by the following
Reading
roll call vote:
AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,
Schafer, Hall, Wheeler
NOES:- COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
COUNCILMANIC
COMMENTS
Vice Mayor Hornbuckle directed a caYunent to Mr. Soffer
stating that the City has a very professional staff and
Staff Canmended
that Council regards their reccmwndations very highly.
Vice Mayor Hornbuckle reported that she attended a
League of California Cities meeting concerning fon-nation
of a speakers bureau to discuss joint and several lia-
bility problems. The League is producing a tape for
cable television, and a shortened version will be avail-
able for interested civic groups.
ADJOURNMENT The Mayor declared the meeting adjourned at 8:25 p.m.
r of the City o Mesa
ATTEST:
y Clerk of the City of Costa a
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