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HomeMy WebLinkAbout08/05/1985 - City Council303 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 5, 1985 The City Council of the City of Costa Mesa, California, met in regular session August 5, 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 Pastor Wayne Tesch, Newport -Mesa Christian Center ROLL CALL Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, City Attorney, Develognent Services Director, Director of Public Services, Deputy City Clerk MINUTES On motion by Council Member Wheeler, seconded by Council July 15, 1985 Member Schafer, and carried 5-0, the minutes of the regular meeting of July 15, 1985, were approved as dis- tributed and posted. ORDINANCES A motion was made by Council Member Wheeler, seconded by Council Member Schafer, and carried 5-0, to read all ordinances by title only. ORAL COMMUNICATIONS Anthony Hargis, representing Jane McLaughlin, Morning - rise Printing, 1525 West MacArthur Boulevard, Suite 1, Sign Permit Costa Mesa, spoke regarding Item 7 on the Reading for Morningrise Folder: Letter from Ms. McLaughlin concerning the Pringing City's requirement that she obtain a sign permit. Mr. Hargis reported that Ms. McLaughlin could not attend this meeting and wished to address the Council at its next meeting. Mayor Hertzog responded that Ms. McLaughlin can speak during Oral Communications at the meeting of August 19, 1985. Claims against Sid Soffer, 900 Arbor Street, Costa Mesa, asked about the City the City's policy regarding settlement of claims against the City. The City Attorney outlined the procedure for Mr. Soffer. Closure of Swan Paul DeLonge, 2713 Gannett Drive, Costa Mesa, submitted Drive at Placentia a petition containing 191 signatures of residents in Avenue the Swan Drive/Placentia Avenue area who are opposed to the proposed closure of Swan Drive at Placentia Avenue. Mayor Hertzog stated that she had been made aware of the petition earlier and that the contract will not be awarded until further discussion is held with the resi- dents impacted by the closure of Swan Drive. LULAC Meeting Site Dr. Juventino Lopez, President of a newly chartered " chapter of the League of United Latin American Citizens MOTION (LULAC) requested assistance from the City by providing City Manager a location where this organization can hold its meet - Directed to ings. After brief discussion, a motion was made by Locate Site Council Member Hall, seconded by Council Member Wheeler, 304 and carried 5-0, directing the City Manager to assist in locating a meeting site for LULAC to use for one year. Speed Limit on After all Agenda business had been concluded, Mayor Orange Avenue Hertzog announced that she had agreed to allow Robert Boullon, 201 Lillian Place, Costa Mesa, to speak concerning the speed limit on Orange Avenue. Mr. Boullon was unable to be present earlier for Oral Communications. Robert Boullon submitted a petition containing signa- tures of 29 persons residing near or on Orange Avenue. The petition requests that the Council reduce the speed limit on Orange Avenue from 35 to 25 miles per hour. Mr. Boullon asserted that the excessive speeds on that street are presenting a noise and safety problem. He also mentioned that the Traffic Commission had deter- mined that the speed limit should not be reduced. MOTION On motion by Council Member Wheeler, seconded by Council Scheduled for Member Schafer, and carried 5-0. this item was scheduled October 7, 1985 for the meeting of October 7, 1985. New Business Item The next item was taken out of order so that the karate Taken Out of Order students would not have to wait until the end of the meeting to have their request for funds considered. Request for Funds The Mayor presented a request from students studying for Karate karate through the Japan Karate Federation (JKF) and the Competition City of Costa Mesa Leisure Services Department, for contributions to assist with their expenses to conpete in the AAU Karate Junior/Senior National Championships in New Orleans in August, 1985. Jacki Long, JKF.Instructor, explained the karate compe- tition. The team consists of 19 members and those that were present were introduced by Ms. Tang. MOTION A motion was made by Council Member Hall, seconded by Funds Authorized Council. Member Schafer, authorizing a contribution of $500.00 to the karate team for participation in the championships, stipulating that the money is to be taken from the Promotional and Advertising Fund. The motion,carried by the following roll call vote:. AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: OOUNCIL MEMBERS: None CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 4 (g), Claim from Shelley Hickok; and Item 5 (b), Award of contract for Construction of Street Closure on Swan Drive at Placentia Avenue. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, the remaining Consent Calendar items were approved in one motion by the following roll call vote: ,AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Sid Soffer, 900 Arbor Street, Costa Mesa, ccomented on the large number of claims being rejected. READING FOLDER On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Leland Brandt; Michael A. Chiodo; D. Kirk and Julie C. Davis; Angela Teresa Demers; Attorney R. Steven Peters on behalf of Janine Doezie; Nancy Elias; Sue L. Harnetiaux; Attorney Richard M. Hawkins on behalf of James P. Koch; Virginia Murry; Adam Sanchez; Blair B. Slaughter; and William J. Statile. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: The Licenses Southland Corporation, doing business as 7 -Eleven Store No. 2113 -NEW, 2244 Fairview Road; and Kyotaru America Corporation, doing business as Alexander's Cafe, 1565 Adams Avenue. Local Agency Notices from the Local Agency Formation Commission: Fonmation Commission (a) Determination will be made without notice and hearing concerning proposed Engineer's No. 216 Annexation to the Costa Mesa Sanitary Dis- trict, located in the general area of Pullman Street, Paularino Avenue, and Red Hill Avenue. (b) Determination will be made without notice and hearing concerning proposed Engineer's No. 217 Annexation to the Costa Mesa Sanitary Dis- trict, located in the general area of College Avenue, Village Way, Pinecreek Drive, and Adams Avenue. Hazardous Communication from the City of Yorba Linda supporting Materials a Countywide ordinance relating to hazardous material listing with fire departments. Assembly Resolution from the City of Yorba Linda supporting Constitutional Assembly Constitutional Amendment No. 7 which provides Amendment No. 7 that no political party or party central ccmumittee may Regarding endorse, support, or oppose a candidate for nonparti- Elections san office. Banning Letter from Mrs. Kay J. Painter, 178 Santa Isabel Ave - Fireworks nue, Costa Mesa, urging the City Council to ban the sale and explosion of fireworks within the City. Sign Permit/ Letter from Jane D. McLaughlin, Morningrise Printing, McLaughlin 1525 West MacArthur Boulevard, Suite 1, Costa Mesa, concerning the City's requirement that she obtain a sign permit. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from United Way of Orange United Way County, 13252 Garden Grove Boulevard, Garden Grove, by soliciting funds from July 1, 1985, to January 1, MOTION 1986. On motion by Council Member Schafer, seconded by Permit Approved Vice Mayor Hornbuckle, and carried 5-0, the permit was approved with application of Section 9-2341 of the Municipal Code. SET FOR PUBLIC HEARING On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, Resolution 85-69, being A RESOLUTION Abandonment of OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Club House Road FORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION and Club House OF A PORTION OF CLUB HOUSE ROAD AND ALL OF CLUB HOUSE Circle CIRCLE, setting a public hearing for September 3, 1985, was adopted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Resolution 85-69 Schafer, Hall, Wheeler Adopted/Hearing NOES: COUNCIL MEMBERS: None Set ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Bell Robert Bruce Bell was rejected. Mahony On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Lisa Mahony was rejected. Tipton On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim fram Rosalie Tipton was rejected. Fanners Insurance/ On motion by Council Member Schafer, seconded by Vice Hart Mayor Hornbuckle, and carried 5-0, the claim from Fanners Insurance Exchange/Suzanne Hart was rejected. Harder On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Brent Harder was rejected. Mitroff On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Carol Ann Mitroff was rejected. Matthews On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Sandra,Matthews was rejected. Weyant On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim fram Barbara and Harold heyant was rejected. Reyes/Hatch On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claims frau Rosa Marie Reyes and Ronald Hatch were rejected. Anthony/Williamson On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claims from Merritt J. Anthony, and from Deidre, Keith, and Sharon Williamson were rejected. Beach On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, and carried 5-0, the claim from Loretta Beach was rejected. ADMINISTRATIVE Bids received for Bid Item 670, Furnishing Reinforced ACTIONS Concrete Pipe, are on file in the Clerk's office. On motion by Council Member Schafer, seconded by Vice Bid Item 670 Mayor Hornbuckle, the contract was awarded to Hydro Concrete Pipe Conduit Corporation, 23200 Temescal Canyon Road, Corona, in the amount of $772,724.70 including tax. The motion MOTION carried by the following roll call vote: Awarded to AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Hydro Conduit i Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Staff has requested authorization to purchase one One Camputer cemputer disk drive, IBM Model 3370-B02, from sole Disk Drive source,vendor, IBM Corporation, 611 Anton Boulevard, Costa Mesa, at a cost of $29,000.00 including tax. MOTION On motion by Council Member Schafer, seconded by Vice Purchase Approved Mayor Hornbuckle, the purchase was approved by the following roll call,vote: ,AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 3'0. Purchase of Five Staff has requested authorization to purchase five Radio Systems. Motorola Convertacom Radio Systems from sole source vendor, Motorola Communications, 171 South Anita Drive, MOTION Suite 201, Orange, at a cost of $10,000.00 including Purchase Approved tax. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, the purchase was approved by the following roll call vote: AYES: ODUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Staff has requested authorization to purchase profes- Data Processing sional services from sole source vendor, PRC Public Services Management Services, Incorporated, 1500 Planning Research Drive, McLean, Virginia, for data processing enhancement and upgrading of the canputer system at MOTION the Police Department, in an amount not to exceed Purchase Approved $30,000.00. On motion by Council Member Schafer, seconded by Vice Mayor Hornbuckle, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Staff has requested authorization to purchase medical Medical Services services from the Bristol Park Medical Group, 722 Baker Street, Costa Mesa, at a cost of $46.50 for each employee physical examination, for a total cost not to exceed $5,812.50. On motion by Council Member Schafer, MOTION seconded by Vice Mayor Hornbuckle, the purchase was Purchase Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget On motion by Council Member Schafer, seconded by Vice Adjustment 86-05 Mayor Hornbuckle, Budget Adjustment 86-05 for $4,000.00, Heller Park to replace the sidewalk at Heller Park, was approved by Sidewalks the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, MOTION Schafer, Hall, Wheeler Adjustment NOES: COUNCIL MEMBERS: None Approved ABSENT: COUNCIL MEMBERS: None Completion of Civic Landscaping Improvements at the Costa Mesa Civic Center Center Parking Lot Parking Lot have been completed to the satisfaction of Landscaping/ the Director of Leisure Services by DeArmond Construc- DeArmond tion Company, 9311 Jersey Boulevard, Suite H, Rancho Cucamonga. On motion by Council Member Schafer, sec - MOTION onded by Vice Mayor Hornbuckle, the work was accepted; Work Accepted the Clerk was authorized to file a Notice of Completion; and authorization was given to release the retention funds and to exonerate the Performance Bond and Labor and Material Bond 35 days after the Notice of Canpletion has been filed. 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 Canpletion of The 1984-85 Street Maintenance Project for Various 1984-85 Street Streets in the Mesa Verde Area has been completed to the Maintenance for satisfaction of the Director of Public Services by Blair Mesa Verde Streets/ Paving Company, 4055 East La Palma Avenue, Anaheim. On Blair Paving motion by Council Member Schafer, seconded by Vice Mayor 308 Hornbuckle, the work was accepted; the Clerk was author - MOTION ized to file a Notice of Completion; authorization was Work Accepted given to release the retention funds 35 days after the Notice of Completion has been filed; the Labor and Material Bond was ordered exonerated 7 months after filing the Notice of Completion; and the Performance Bond was ordered exonerated 1 year after the Notice of Conpletion has been filed. 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 Completion of The 1984-85 Street Maintenance Project, Phase II, 1984-85 Street Reconstruction of Golf Course Drive, has been conpleted Maintenance, Phase to the satisfaction of the Director of Public Services II, Golf Course by Fecit Strata, 10727 Leland Avenue, Whittier. On Drive/Fecit Strata motion by Council Member.Schafer, seconded by Vice Mayor Hornbuckle, the work was accepted; the Clerk was author - MOTION ized to file a Notice of Completion; authorization was Work Accepted given to release the retention funds 35 days after the Notice -of Completion has been filed; the Labor and Material Bond was ordered exonerated 7 months after filing the Notice of Ccmpletion; and the Performance Bond was ordered exonerated 1 year after the Notice of Completion has been filed. 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 Conpletion of Improvements for Development Review DR -83-31 have been Improvements for completed to the satisfaction of the Director of Public DR-83-31/Yontoubian Services by Jack Yontoubian, 2510 Vista Baya Circle, Newport Beach, -for property located at 1658 Superior MOTION Avenue. On motion by Council Member Schafer, seconded Work Accepted by Vice Mayor Hornbuckle, the work was accepted and the bonds were ordered exonerated. 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 Completion of Improvements in Tract No. 12135 have been completed to Improvements in the satisfaction of the Director of Public Services by Tract 12135/Lucas Lucas Development Corporation, 1451 Quail Street, New- port Beach, for property located at 117 East Wilson MOTION Street. On motion by Council Member Schafer, seconded Work Accepted by .Vice Mayor Hornbuckle, the work was accepted and the bonds were ordered exonerated. 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 Change Order 22/ The Director of Public Services has requested approval Clarke Contracting of Change Order No. 22 for $14,714.00, to the contract with Clarke Contracting Corporation, 1218 South Alameda Assessment District Street, Compton, in connection with Assessment District 82-2 - South Coast No. 82-2, South Coast Metro Center. The change is Metro Center necessary to add additional landscaping in the area of Anton and Sakioka Drives. On motion by Council Member MOTION/Change Schafer, seconded by Vice Mayor Hornbuckle, the change Order Approved order was approved by the following roll call vote: 1 1 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/Michael The Director of Public Services has reccmnended approval Mead of an agreement with Michael,L. Mead, 129 - 27th Street, Apartment A, Newport Beach, for sale of surplus City Sale of Surplus property at 350 Hanover Drive. The agreement stipulates Property at 350 a selling price of $125,000.00 for both the land and Hanover Drive improvements. On motion by Council Member Schafer, sec- onded by Vice Mayor Hornbuckle, the sale of the property MOTION was approved, and the Mayor and Clerk were authorized to Agreement execute the agreement and grant deed on behalf of the Approved 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 Four-way Stop Signs The Traffic Commission has recommended installation of on Hyland at Scenic four-way stop signs on Hyland Avenue at Scenic Way. The reccmendation was made after the Commission had reviewed peak -hour traffic conditions, accident history, MOTION and traffic volumes. On motion by Council Member Resolution 85-70 Schafer, seconded by Vice Mayor Hornbuckle, Resolution Adopted 85-70, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF STOP SIGNS ON HYLAND AVENUE AT SCENIC WAY, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Four-way Stop Signs The Traffic Commission has recenunended installation of on Sunflower at four-way stop signs on Sunflower Avenue at Hyland Ave - Hyland nue. The recommendation was made after the Ccimnission had reviewed peak -hour traffic conditions, accident MOTION history, and traffic volumes. On motion by Council Resolution 85-71. Menber.Schafer, seconded by Vice Mayor Hornbuckle, Adopted Resolution 85-71, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF STOP SIGNS ON SUNFLOWER AVENUE AT HYLAND AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Commission has recommended that parking be Parking on prohibited along both curbs of Coriander Drive for its Coriander Drive length between Cinnamon and Coral Avenues for the pur- pose of street sweeping. On motion by Council Member MOTION Schafer, seconded by Vice Mayor Hornbuckle, Resolution Resolution 85-72 No. 85-72, being A RESOLUTION OF THE CITY COUNCIL OF Adopted THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON THURSDAYS BETWEEN 9:00 A.M. AND 11:00 A.M. ON A PORTION OF CORIANDER DRIVE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement - Orange Staff has recommended_ approval of an agreement with Aviation/Tallmantz Orange Aviation, Incorporated, doing business as Tallmantz Aviation, 19711 South Airport Way, Santa Ana, Helicopter for maintenance of two police helicopters. On motion Maintenance by Council Member Schafer, seconded by Vice Mayor 3JL0 MOTION Hornbuckle, the agreement was approved, and the Mayor Agreement and Clerk were authorized to sign on behalf of the Approved 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 Agreement - The City Attorney has recommended that Council renew Carl Warren its contract with the City's claims administrator, Carl Warren and Company, 1801 Parkcourt Place, Building E, Claims Suite 208, Santa Ana. Details of the administrator's Administration proposal are contained in the Attorney's memorandum of July 16, 1985. On motion by Council Member Schafer, MOTION seconded by Vice Mayor Hornbuckle, the proposal was Agreement accepted and authorization was given to execute an Approved agreement. 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 Claim - Hickok Item 4 (g) on the Consent Calendar was presented: a claim fron Shelley Hickok. A motion was made by Council MOTION Member Hall, seconded by Council Member Schafer, to Held Over continue this item to August 19, 1985. The motion carried 4-1, Council Member Wheeler voting no. Street Closure on Item 5 (b) on the Consent Calendar was presented: Swan Drive at Contract award for Construction of a Street Closure on Placentia Avenue Swan Drive at Placentia Avenue. Council Member Wheeler opposed delaying construction of the closure as mentioned earlier under Oral Ccmunica- tions. Vice Mayor Hornbuckle stated that this is the second construction project which has been decided upon and and then referred back for further discussion. The Vice Mayor commented that she was not pleased with the pro- posed delay. MOTION A motion was made by Council Member Schafer, seconded All Bids Rejected by Council Member Hall, to reject all bids. The motion carried 4-1, Council Member Wheeler voting no. OLD BUSINESS The Deputy Clerk presented recommendations fron the Cultural Arts Cultural Arts Committee concerning allocation of funds Allocations to art groups. The O committee recornnended the following allocations from the cultural arts fund: The Ballet Montmarte $ 1,000.00 Costa Mesa Art League 5,000.00 Orange County Master Chorale 16,000.00 South Coast Repertory Theatre 26,000.00 South Coast Symphony 21,000.00 Opera Pacific 11,000.00 Donald Smallwood, 700 Civic Center Drive West, Santa Ana, member of the Cultural Arts Committee thanked the Council for its support and leadership. MOTION A motion was made by Council Member Wheeler, seconded Funds Approved by Council Member Hall, approving the allocation of funds as recommended by the Cultural Arts Committee. 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 Pacific The Mayor presented a report from the Pacific huphi- Amphitheatre theatre Survey Committee. The committee consists of Survey Council Members Hornbuckle and Wheeler, and Assistant City Manager Allan Roeder. The report is contained in a memorandum dated July 31, 1985, to which is attached a proposed cover letter and survey questions. The committee has recommended approval of the letter and survey for distribution to residents in the Mesa del Mar and College Park areas; and that staff be authorized to expend up to $2,000.00 from the Council Contingency Account for the survey. Council Members Hornbuckle and Wheeler spoke in support of the committee's recommendation. Council Members Hertzog, Schafer, and Hall favored sending only the "cover letter" as the City's first newsletter with the last paragraph amended by deleting, "Please canplete the attached survey and mail it to us in the enclosed envelope within the next two weeks". In its place, a paragraph would be inserted requesting input frau the citizens regarding the Amphitheatre concerts. Council Member Schafer commented that she preferred having the newsletter sent to all residents of Costa Mesa, not only those in the Mesa del Mar and College Park tracts. Vice Mayor Hornbuckle moved to send to the residents . of the College Park and Mesa del Mar areas, the cover letter and survey as presented, and incorporating the City Attorney's changes which are contained in the Assistant City Manager's memorandum of August 5, 1985. The motion was seconded by Council Member Wheeler, but failed to carry 3-2, Council Members Hertzog, Schafer, and Hall voting no. Council Member Hall made a motion, seconded by Council Member Schafer, to have the subject of the City's first newsletter be, in essence, the letter which was for- warded with the committee report, with an ending elicit- ing feedback frau the community, and directing that the newsletter be sent to the entire community. Council Member -Wheeler strongly opposed the above motion and made a substitute motion to have the question of whether this City Council should publish a newsletter be placed on the November, 1986, ballot as a referendum to allow the voters to decide. The motion died for lack of a second. Vice Mayor Hornbuckle made a substitute motion to send the letter attached to the committee report except that the letter shall be amended by deleting the reference to the survey, and that an open-ended question be inserted asking for the citizens' input concerning the Amphi- theatre; and that the letter shall be sent to all residences in the City. The substitute motion was seconded by Council Member Wheeler and further discus- sion ensued. During discussion, the City Manager informed the Council that the cost of mailing the newsletter to all resi- dences in the City would cost approximately $8,000.00. 3_ 2 MOTION Mayor Hertzog made a substitute motion, which amended Newsletter to be Vice Mayor Hornbuckle's substitute motion, by stipulat- Forwarded to ing that the newsletter shall be sent only to those Selected Areas residences located in Areas 1, 2, and 3 (Mesa del Mar and College Park) as shown on the map attached to the committee's survey report. The motion carried 4-1, Council Member Wheeler voting no. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that the Council place an advertisement in the Daily Pilot Newspaper regarding this subject. Vvqu; ANTS On motion by Council Member Wheeler, seconded by Council MOTION Member Schafer, Warrant Resolution 1293, including Pay - Warrants 1293 and rolls 8514 and 8515, and Warrant Resolution 1294, were 1294 Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER REPORTS The City Manager presented a resolution establishing the job classification of Right -of -Way Technician. On Right -of -Way motion by Council Member Hall, seconded by Council Technician Member Wheeler, Resolution 85-73, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- MOTION FORNIA, AMENDING RESOLUTION NO. 85-50 AND ADOPTING A Resolution 85-73 CLASSIFICATION UNDER THE BASIC SALARY RESOLUTION AND Adopted RATES OF PAY THEREOF, was adopted 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 the public hearing to rehear EIR/GP-85-2B/ the following items for. Ocean Development Company, 2915 PA-85-103/Bond Red Hill Avenue, Suite F-200, Costa Mesa, authorized Financing agent for Barto/Tarnutzer-Venture I, for property located at the western terminus of West 18th Street in a PDR -MD zone: Environmental Impact Report. General Plan Amendment GP -85-2B, for an amendment to the Master Plan of Highways by deleting the future extension of Westil8th Street. Planning Action PA -85-103, for a Final Development Plan for a 160 -unit condominium project on 11 acres in conjunction with an existing oil field, and a variance from private open space requirements. Bond financing. The Affidavit of Mailing is on file in the Clerk's office. A communication has,been received from Donna Borkland, resident ofa nearby neighborhood, opposing the proposed project. At the meeting of July 1, 1985, the Council determined that the Environmental Impact Report was inadequate. The Development Services Director referred to staff's memorandum of July 30, 1985, which contains further information concerning land use impacts, noise and visual impacts, and odor impacts. 31.3 The Director suggested that Council delay action on these items for 30 to.45 days so that more information can be incorporated into the Environmental Impact Report ( EIR) . During discussion, each of the Council Members expressed their concernswith various portions of the EIR. Coun- cil Member Hall suggested that a special study session be scheduled for further discussion of the EIR, and to provide an opportunity for Mr. E. R. Wilkinson, State Division of Oil and Gas, to make a presentation concern- ing the noise, visual, and odor impacts. He also suggested that the study session be held at Whittier Elementary School because it is a convenient location for residents living near the project site. Carol Reynolds, 1861 Parkview Circle, Costa Mesa, asked that all residents in the area be notified of the special meeting, not only those within 300 feet of the subject property. Jim Aynes, 2811 Loreto Avenue, Costa Mesa, suggested that the EIR address sliding or settling of oil fields, stabilization of these fields, and that the EIR also address toxic waste. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, expressed his opposition to the project. Richard Vinson, 1853 Parkview Circle, Costa Mesa, stated that the entire City should be notified of the meeting. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested that an advertisement be placed -in the Daily Pilot newspaper announcing the special meeting. William Hartloff, 2743 Lorenzo Avenue, Costa Mesa, ccarmented that publication in a newspaper is not suffi- cient notification. He recto mended that a letter be sent to City residents. Denise Curry, 1851 Parkglen Circle, Costa Mesa, stated that the City should publish a notice in The Orange County Register newspaper, not in the Daily Pilot. Leonard Post, 1043 West Center Street, Costa Mesa, employee of the City of Newport Beach, commented on the recent fire in Newport Beach involving an aban- doned oil well. Mr. Post contended that the accident occurred because the well was not properly abandoned. He also reported that his house is close to one of the Barto oil wells and that he has never been bothered by noise. Jerry Myslinski, 1783 Kinglet Court, Costa Mesa, stated that since the abandoned oil.well fire in Newport Beach, the City of Costa Mesa should more thoroughly investi- gate the Barto/Tarnutzer project. Jim Navai, 1857 Parkview Circle, Costa Mesa, opposed the project because it would result in additional traffic and overcrowding of the neighborhood. Grace Speth, 1026 West 18th Street, Costa Mesa, reported that the oil tankers are not only noisy, but damage the streets. She also mentioned that she was not notified of the meeting. David Reynolds, 1861 Parkview Circle, Costa Mesa, asked that the project be rejected tonight. Gerald Barto, the applicant, agreed that the EIR should be explored further; however, he felt that the oil wells are not the issue, but that the people in the neighbor- hood are opposed to'the project. Richard Vinson spoke again commenting that if the oil had been extracted at the pace Barto had promised, there would be no need for the EIR. He suggested that the site should not be developed until oil drilling ceases. The Development Services Director responded that an EIR would be required even if oil wells were not in existence. Ed Almanza, representing the preparer of the EIR, EDAW, Incorporated, 18002 Cowan, Suite 100, Irvine, stated that he could respond to any questions concerning the EIR. He commented that if the document is read care- fully, many questions would be answered. MOTION A motion was made by Council Member Hall, seconded by Held Over Council Member Schafer, to continue these items until September 16, 1985. Council Member Wheeler announced that he could not accept a continuance. Vice Mayor Hornbuckle expressed her willingness to talk with Mr. Wilkinson, State Division of Oil and Gas; however, she felt that a continuance of the hearing was not necessary. Mayor Hertzog indicated that she was not willing to make a decision on the project until she had obtained more infonnation concerning the EIR. The motion to continue the hearing until September 16 carried 3-2, Council Members Hornbuckle and Wheeler voting -no. MOTION Council Member Hall moved to schedule a meeting at Special Meeting Whittier Elementary School between now and September 16; Scheduled that Mr. Wilkinson is to be invited to speak at that meeting; and that the impacted residents be.notified of the date and time of the meeting. The motion was seconded by Council Member Schafer, and carried 4-1, Council Member Wheeler voting no. RECESS The Mayor declared a recess at 8:45 p.m., and the meet- ing reconvened at 8:55 p.m. PUBLIC HEARING The Deputy Clerk presented an appeal of the Planning Appeal of Ccomission's decision for Planning Action PA -85-131 PA-85-131/Osborne fram Lyle E. Osborne, 813 Cortez Street, Costa Mesa, for variances frcin front setback and driveway length requirements to allow the addition of a new garage to a single-family residence, located at the above address in an Rl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director summarized staff's memorandum of July 30, 1985. The applicant presently has a garage set back 10 feet from the front property line and 5 feet from the right side property line. The applicant proposes to demolish the existing garage and construct a new garage at the same front setback but with a right side setback of 11 to 12 feet. This would allow access to the back yard to store recreational vehicles that now occupy his driveway and front yard. The existing curved driveway would be replaced with a straight -in driveway. Staff recommended approval of the variance from setback requirements; however, they recommended denial of the straight -in driveway. '1 31 Lyle Cortez was present and spoke in support of his request. He pointed out that the new garage and drive- way would permit him to park his vehicles in the back. Mr. Cortez also ccmIImmented that many other houses in his neighborhood have short driveways. Jim Aynes, 2811 Loreto Avenue, Costa Mesa, reported that he lives close to the applicant's neighborhood and expressed his opinion that one more short driveway in that area would not make much difference. Sid Soffer, 900 Arbor Street, Costa Mesa, also spoke in support of the applicant's request. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council PA -85-131 Member Wheeler, and carried 5-0, PA -85-131 was approved Approved based on the finding that approval of the request will not be granting a special privilege not already enjoyed by others in the immediate area, and subject to all conditions contained in the Staff Report, along with additional Conditions 1(c), 1(d), 1(e), and 1(f) detailed in staff's memorandum of July 30, 1985. PUBLIC HEARING The Deputy Clerk announced the public hearing for an Appeal of -ZE-84-79/ appeal of the Planning Commission's decision to revoke Ice Box Arcade Zone Exception Permit ZE-84-79, from Ice Box Arcade (Inf-o-racoma Systems), 1391 East Pacifico, Anaheim, requesting relief from Condition No. 2, requiring restrooms in an existing game arcade located at 2701 Harbor Boulevard in a US zone. Environmental Deter- mination: Negative Declaration adopted previously. The Affidavit of Mailing is on file in the Clerk's office. A communication has been received frcxm the property owner, South Coast Plaza, 3333 Bristol Street, Costa Mesa, requesting that even though the Arcade has vacated the premises, the Council should proceed with the revocation hearing and to uphold the Planning Commission's decision. A letter has also been received from Ice Capades, Incorporated, 6121 Santa Monica Boulevard, Hollywood, confirming that its tenant has removed all equipment from the site. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hall, seconded by Revocation of Vice Mayor Hornbuckle, to uphold the Planning Ccmnmis- ZE-84-79 Upheld sion's revocation of ZE-84-79. Council Member Wheeler reported that he has visited the site and observed no problems. He commented that there are enough restrooms in the shopping center to accemrnmodate the patrons of the Arcade. The motion to revoke the permit carried 4-1, Council Member Wheeler voting no. PUBLIC HEARING The Deputy Clerk announced the public hearing to Bluff -top consider an ordinance establishing setbacks and review Developments criteria for bluff -top developments. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. 316 The ordinance would'implement revised General Plan Policy No. 61 concerning bluff -top development. The ordinance adds a 10 -foot bluff line setback to all residential zones. 'A Conditional Use Permit would be required for bluff setbacks less than 10 feet. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 85-23 Member Schafer, the Negative Declaration of Environ - Given First mental Impact was adopted; and Ordinance 85-23, being. Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING SETBACKS FROM BLUFF CRESTS FOR ALL RESIDENTIAL,STRUCTURES, 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 PUBLIC HEARING The Deputy Clerk presented a resolution approving and Weed Abatement confirming the report of the Fire Chief or his designee, Program concerning abatement of rubbish, weeds, refuse, or dirt within the City. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Sid Soffer, 900 Arbor Street, Costa Mesa, disagreed with the method of assessing the costs in connection with the abatement program. There being no other speakers, the Mayor closed the public -hearing. MOTION On motion by Council: Member Hall, seconded by Council Resolution 85-74 Member Wheeler, Resolution 85-74, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT OF THE FIRE CHIEF OR HIS DESIGNEE, SHOWING THE COST OF REMOVING THE RUB- BISH AND WEEDS AND REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE PARCEL OF LAND IN THE CITY OF COSTA MESA, was adopted 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 Planning Action PA -85-134, PA-85-134/South South Coast Repertory Theatre, 655 Town Center Drive, Coast Repertory Costa Mesa, for an amendment to the Town Center Master Theatre Plan to allow a 10,000 -square -foot, three-level admin- istration addition to the existing theatre, and a variance from setback requirements, located at the above address in a TC zone. Environmental Determination: Environmental Impact Report accepted for Zone Exception ZE-77-246. The Development Services Director reviewed staff's memorandum dated July 30, 1985. The Planning Commis- sion recommended approval subject to modifications and conditions contained in the Staff Report. The Staff Report indicates that if Town Center Drive is abandoned as proposed by the applicant, an 18 -foot setback will be provided; however, if the street is not abandoned, an 8 -foot setback will be provided. In either;case, decorative block walls in excess of 2 feet, 6 inches in height are proposed within a few feet of the sidewalk.. Code requires that any structure or land- scaping in excess of 2 feet, 6 inches be set back a minimum of 10 feet frcm the property line to allow safe ingress and egress for the site. Stewart Woodard, 245 Fischer Avenue, Costa Mesa, archi- tect,for the project, reported that the decorative block walls will be reduced to 2 feet 6 inches, and exhibited a model of the proposed building. Tim Brennan, General Manager of South Coast Repertory Theatre, stated that additional office, rehearsal, and costLune space is needed for the theatre. He ccwmented that the lower decorative wall will resolve the sight problem. Sid Soffer, 900 Arbor Street, Costa Mesa, commented on the Municipal Code concerning parking requirements for theatres. MOTION On motion by Council Member Wheeler, seconded by Council PA -85-134 Member Schafer, and carried 5-0, PA -85-134 was approved Approved based on the analysis and findings contained.in the Staff Report, and subject to all conditions with Condi- tion No. 1 modified to state that a minimum setback of 8 feet from the back of the sidewalk shall be provided fram Tbwn Center Drive for any structure over 2 feet, 6 inches high. ADJOURNMENT The Mayor declared the meeting adjourned at 10:05 p.m. 4.ar of the City o Mesa ATTEST: CM Clerk of the.City of Costa sa 31