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Home My WebLink About05/01/1978 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 1, 1978 The City Council of the City of Costa Mesa met in regu- lar session on May 1, 1978,, at 6:30 p.m.,, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, Cali- fornia. The meeting was called to order by the Vice Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Hilton Jarvis, Harbor Trinity Baptist Church. Roll Call Council Members Present: McFarland, Smallwood., Raciti, Hertzog, Schafer Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services, City Clerk Vice Mayor Smallwood presided over this meeting. Minutes On motion by Mayor McFarland., seconded by Councilwoman April 17, 1978 Schafer, and carried, the minutes of the regular meet- ing of April 17, 1978,.were approved as distributed and posted as there were no corrections. Ordinances On motion by Councilman.Raci.ti, seconded by Council- woman Schafer, and carried, all ordinances will be read by title only. CONSENT CALENDAR. On motion by Mayor McFarland, seconded by Councilwoman.Hertzog,. the'Consent Calen- dar items were approved in one motion by the.following roll call vote: AYES: Council -Members: McFarland, Smallwood, NOES: Council -Members: ABSENT: Council Members: Raciti, Hertzog, Schafer None None Moral Public A letter from Attorney James J. Clancy, 411 North Cen- Nuisance Law. tral Avenue, Suite 300, Glendale, requesting support of an initiative measure entitled "Abatement of Moral Public Nuisance Law", was referred to the City Attorney for a report. Landscaping A report from the City Engineer concerning the proposed Assessment City of Costa Mesa Landscaping Assessment District No. District No. 1 1, was accepted. On motion by Mayor McFarland, seconded by Councilwoman - Resolution Resolution 78-50 Hertzog, Resolution 78-50, being A RESOLUTION OF THE Hearing Set CITY ,COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE FORMATION.OF CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER 1 AND GIVING NOTICE OF A TIME AND PLACE FOR A PUBLIC HEARING ON 'SAID FORMATION AND THE LEVY OF AN ASSESS- MENT ON SAID DISTRICT, setting a public hearing for May 15, 1978, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer. NOES: Council Members: None ABSENT: Council Members: None 1 1 1 1 1 i Reading Folder The following Reading Folder items, in the Consent Cal- endar, were received and processed: Claims The following claims were received by the City Clerk and no action is required: Jesse Aram- bula; Jensen Marine; Bob Galantine; Ford Motor Company; and State Farm Insurance Company on behalf of Vivian Peterson. Criminal Justice A letter from the Mayor of the City of Placentia, Council. requesting support of their Mayor Pro Tem William E. Rashford for election to the Orange County Criminal Justice Council. Local Agency A resolution from the Orange County Local Agency- Formation gencyFormation Formation Commission on the proposed annexation Commission of Engineer's No. 178 Annexation to the Costa Mesa Sanitary District. Notice of public hearing from the Orange County Local Agency Formation Commission on the pro- posed annexation to the City of Santa Ana, designated Holly Sugar Factory Annexation, to be held April 26, 1978, at 515 North Sycamore Street, Santa Ana. Public Utilities Investigation on the Commission's own motion Commission into the determination of a lifeline volume of gas and a lifeline quantity of electricity, and into gas and -electric utility rate structures and the changes, if any, that should be made in presently constituted rate structures to provide a lifeline quantity of energy to the average residential user for specified end uses. Trailer Coach A letter from the Controller of the State of Fees California regarding distribution of trailer coach fees. Opposing SCAG 208 A resolution from the City of Burbank opposing Milestone Report the 208 Milestone Report of the Southern Cali- fornia Association of Governments (SCAG). Opposing SCAG A resolution from the City of Garden Grove ob- Regional Housing jecting to the Regional Housing Allocation Allocation Model Model of the Southern California Association of Governments (SCAG). Opposing SCAG Resolutions from the City of Buena Park and the Housing Distribution City of Ontario, opposing the housing distribu- Proposals tion proposals of the.Southern California Asso- ciation of Governments (SLAG). The City Council adopted similar Resolution No. 78-34 on March 20, 1978. Vector Control District Minutes of the 374th meeting of the Orange County Vector Control District, held on March 16, 1978. Alcoholic Beverage Alcoholic Beverage License applications for which Licenses parking has been approved by Planning from: Four Happys, Incorporated, doing business as Mei's Chinese Food, 1505 Mesa Verde Drive East; Ernest H. Dondis, doing business at 1881 Park Avenue; Margaret and Michael O'Loughlin, doing business as Mike's Reef, 820 West 19th Street; End - Tres Amigos, Incorporated, doing business at Reading Folder 2200 Harbor Boulevard, No. B-1. Business Permits Notice of Intention to Solicit for Charitable Purpose from City of Hope, 208 West Eighth Street, Los Angeles, City of Hope by door-to-door solicitation, June 11 to 18, 1978, was S5 approved with application of Section 9-234J of the Costa Mesa Municipal Code. VFW Notice of Intention to Solicit for Charitable Purpose from Veterans of Foreign Wars, Coastline Post No. 3536, 565 West 18th Street,.Costa Mesa, by sale of Buddy Poppies at various City locations, May 19 and 20, 1978, was approved with application of Section 9-234J of the Costa Mesa Municipal Code. Mardan Center Notice of Intention to Solicit for Charitable Purpose from Mardan Center of Educational Therapy, 695 West 19th Street, Costa Mesa, by mailed invitation to fund raising event between April 21 and May 13, 1978, was approved with application of Section 9-234J of the Costa Mesa Municipal Code. Muscular Notice of Intention to Solicit for Charitable Purpose Dystrophy from Muscular Dystrophy Association, Incorporated, 3303 Harbor Boulevard, B7, Costa Mesa, by -door-to-door solicitation on May 7, 1978, was approved with appli- cation of Section 9-234J of the Costa Mesa Municipal Code. George Request from Richard E. George, Incorporated, 11.745 Edinger Avenue, Fountain Valley, to hold a one -day' variety show at the Orange County Fairgrounds, August 5, 1978, was approved. Set for Public The following items were set for public hearing on Hearing May 15, 1978, at 6:30 p.m., in the Council Chambers of City Hall: R-78-09 Rezone Petition R-78-09, Costa Mesa City Council, for permission to rezone property located within the Talbert -Fairview Regional and Canyon City Park sites, from PDR -LD, Planned Development Residential - Low Density, and PDR -MD, Planned Development Residential - Medium Density, to I and R, Institutional and Recreational. Environ- mental Determination: Negative Declaration for General Plan Amendment GP -78-1B. Realignment of Precise Plan for the realignment of 17th 17th Street Street from Newport Boulevard to 180 feet easterly of Fullerton Avenue. Environ- mental Determination: Negative Declaration. Claim - Stradley On motion by Mayor McFarland, seconded by Councilwoman Denied Hertzog, and carried, the claim of Larry and Laura Stradley was denied. Claim - Bernal On motion by Mayor McFarland, seconded by Councilwoman Denied Hertzog, and carried, the claim of Jaime Toledo Bernal was denied. Baker Street Bids received for the construction of the Baker Street Widening widening, southside, from 275 feet to 655 feet easterly of Fairview Road, are on file in the Clerk's office. Awarded On motion by Mayor McFarland,.seconded by Councilwoman Sully -Miller Hertzog, the contract was awarded to Sully -Miller Con- tracting Company, Post Office Box 432, Orange, in the amount of $17,738.90, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council -Members: --None ABSENT: Council Members: None 1 1 11 aA Lease Amendment - A lease. amendment with the County of Orange for the County of Orange shelter home at -170 Del Mar Avenue, was presented. This amendment extends the lease term through June 30, Del Mar Avenue 1979. On motion by Mayor McFarland,. seconded by Coun Shelter Home cilwoman Hertzog, the lease amendment was approved, and the Mayor and.Clerk authorized to sign on behalf of the City, by the following toll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Conference A Conference Advance for a police officer to attend. Advances "Questioned Document Course" in Washington, D.C., June 4 through 16, 1978, was approved in the amount of $320.00, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council.Members: None ABSENT: Council Members: None A Conference Advance request for a police captain to attend California Peace Officers' Association Confer= ence in Newport Beach, May 14 through 18, 1978, was approved in the amount of $185.00, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Speed Limit on Vanguard Way On motion by Mayor McFarland, seconded by Councilwoman Hertzog, Ordinance 78-23, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 78-23 AMENDING SECTION 10-331 OF THE MUNICIPAL CODE OF THE Adopted CITY OF COSTA MESA TO INCREASE SPEED LIMIT ON VANGUARD WAY FROM NEWPORT BOULEVARD TO FAIR DRIVE FROM 25 MILES PER HOUR TO 35 MILES PER HOUR, was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer .NOES: Council Members: None ABSENT: Council Members: None Request for The Clerk presented a.request from J. E. Hankins, 934 Rehearing - Evergreen Place, Costa Mesa, for a.rehearing of an Hankins Encroachment Permit Application for the above property, which was denied by Council at the meeting of April 17.- 7;Hearing HearingSet 1978. Mr. Hankins was present to answer questions from the Council. After brief discussion, on motion by Councilman Raciti, seconded by Councilwoman Hert.zog, and carried, the request was approved and the hearing date set for May 15, 1978, at 6:30 p.m. Warrant On motion by Councilman Raciti, seconded.by Mayor McFar- Resolution 1032 land, Warrant Resolution 1032, including Payroll 7808, was approved by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilwoman Hertzog, seconded by Mayor Resolution 1033 McFarland, Warrant -Resolution 1033 was approved by the following roll call vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: McFarland., Smallwood-, Raciti, Hertzog, Schafer None None Claim - Brylla The City Attorney presented for consideration the.claim of Bernard Brylla. During discussion, the Council in - Held Over dicated a need for further investigation of this matter and on this basis Councilwoman Schafer madea motion, seconded by Mayor. McFarland, and carried, to hold this item to the meeting of May 15, 1978. Public Hearing The Clerk announced that this was the time and place Amending Title 13 - set for the public hearing to consider a proposed ordi- Development nance amending Title 13 of the Costa Mesa Municipal Code, Standards adopting additional development standards and revised processing procedures for the AP, Cl, C2, AP -CP, C1 -CP, C2 -CP, C1 -S, and Cl Commercial Zoning Districts. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval... The Planning Director explained that this ordinance will incorporate the standards generally applied to "CP" projects into the Municipal Code. The ordinance will also amend the list of uses for each commercial zone. The Planning Director indicated a minoramendment to the ordinance on Page 3 under Code Section 13-187,, Subsection (e), changing the words "right of way" to "street". There being no other speakers, the Vice Mayor closed the public hearing. On motion by Mayor McFarland, seconded Ordinance 78=25 by Councilwoman Schafer, Ordinance 78-25, being AN First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE ADOPTING ADDITIONAL DEVELOPMENT STANDARDS AND REVISED PROCESSING PROCEDURES FOR THE AP, Cl, C2, C1 -S, CL, AP -CP, C1 -CP, AND C2 -CP COMMERCIAL DISTRICTS, was given first reading as amended and passed to second.reading by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time.and place Certificate of set for the public hearing to consider a request for Public Convenience a Certificate of, Public Convenience and Necessity from and Necessity - Ronald W. and Bette A. Rogers, Magic Carpet Ambulette - Magic Carpet Corporation, 1580 East Edinger Avenue, Suite N, Santa Ambulette Ana, to provide wheelchair ambulette services. All certificate holders in the City of Costa Mesa,have.been notified of this hearing as required by the Code. -The City Manager recommended that approval of the permit be for a one-year period subject.to all.terms and condi- tions of the previous permit. The applicant was present and asked the Council if it was standard procedure to require yearly renewal of the certificate. It -was ex- plained to Mr. Rogers that.the one-year approval is.......: being recommended because the ownership of.the company. has changed hands since the last permit was issued and therefore the Council would like this period to re-eval- uate the company's services under the new management. Mr. Rogers also questioned the insurance requirements in relation to that.which was required for taxi services. It was explained that there is a much higher risk factor involved in this type of service. Phil Gazzo of Schaef- er's Ambulance Service stated that the County will soon be requiring a $1,000,000.00 policy of insurance for the wheelchair ambulette services. Mr. Gazzo also spoke in opposition to approval of this permit on the basis that ATTEST: City Clerk of the City' Costa Mesa 11 1 Asa these services can be provided by the ambulance.com- panies already authorized to do business in the City of Costa Mesa. There being no other speakers, the Vice Mayor closed the public hearing. After discus-. sion, on motion by. Councilman Raciti, seconded by Councilwoman Schafer, and carried, the.permit was - approved for a period of one year with the stipulation that the service be restricted solely to. the transpor- tation of .patients in wheelchairs and subject to meet- ing the insurance requirements as recommended by the Finance Director. Adjournment The Vice Mayor declared the meeting adjourned at 7:05 p.m. fil �� ' ✓� Mayor of the Ci y of Costa Mesa ATTEST: City Clerk of the City' Costa Mesa 11 1 Asa