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HomeMy WebLinkAbout07/17/1978 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA July 17, 1978 The City Council of the City of Costa Mesa, California, met in regular session on July 17, 1978, 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 6 Flag, and Invocation by The Reverend Donald Bibler, Harbor Assembly of God 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 Minutes On motion by Vice Mayor Smallwood, seconded by Council - July 3 and woman Hertzog, and carried, the minutes of the regular July 11, 1978 meeting of July 3, 1978, and the regular adjourned meeting of July 11, 1978, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Vice Mayor Smallwood, seconded by Councilwoman Schafer, and carried, to read all ordi- nances by title only. Assemblyman The Mayor introduced Assemblyman Dennis Mangers, 73rd Mangers Assembly District. Mr. Mangers spoke in regard to the Introduced conditions being imposed in connection with State sur- plus fund allocations to local agencies, and expressed State Surplus concern over State control of cities, counties, and Funds school districts as a result of this action. In response to'Councilman Raciti's inquiry, Assemblyman Gas Tax Funds Mangers confirmed that the County of Orange provides nine percent of the gas tax monies but only receives 2-1/2 percent in return, terming this condition as an intolerable injustice to the citizens of this County. CONSENT CALENDAR. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None . Deannexation Resolution from the Local Agency Formation Commission of Tract 9291 of Orange County directing the City of Newport Beach from the City to proceed with the annexation of property transfer of Costa Mesa from the City of Costa Mesa to the City of Newport Beach, 2.37 ac -res, located northwest of the end of West 19th Street, designated Tract 9291, was received and -'processed. 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: Mary Ann Morrison;,,', Attorney David W. Graf on behalf of 1 1 1 Kevin Ray Stalons; Frank E. and Helene G. Braze; State Farm Insurance on behalf of Jacquelyn F. Adams; and George Schmok. Costa Mesa A resolution from the City of Orange requesting Freeway action by the California Department of Trans- portation on fulfilling transportation and safety needs along Route 55, Costa Mesa Freeway, through the City of Costa -Mesa. The City Council adopted similar Resolution 78-56 on June 5, 1978. League of A resolution from the City of Garden Grove recom- Cities Bylaws mending an amendment to the League of California on Voting Rights Cities Bylaws pertaining to voting rights - Article V, Voting. Public Utilities Opinion of the California Public Utilities Com - Commission mission in connection with Application 57929, Douglas Bus Lines, Incorporated, doing business as Commuter Bus Lines, for a partial general rate increase of $41,200.00 per year to offset higher operating costs and for interim relief, finding that the requested increase is justified. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Depart - Licenses ment, from: Stonemill Enterprises, Incorporated, doing business as Stonemill Terrace, 2915 Red End - Hill Avenue; and Albertson's, Incorporated, do - Reading Folder ing business at 2701 Harbor Boulevard, Unit 3. Business Permit A request from Youth Problem Center, 132 East 18th Street, Costa Mesa, to solicit for funds and/or goods Youth Problem or services from local businesses, July 18 through Center October 17, 1978, was approved with application of Section 9-234J of the Costa Mesa Municipal Code. Set for Public Revocation of Zone Exception Permit ZE-77-49, James L. Hearing Harper, 120 Industrial Way, Costa -Mesa, for a Condi- tional Use Permit for property located in the Redevel- ZE-77=49 opment Area at 1724-34 Newport Boulevard, in a C2 zone, Harper was set for public hearing on August 7, 1978, at 6:30 p.m., in the Council Chambers of City Hall. Claim - Duncan On motion by Councilwoman Schafer, seconded by Council - Denied woman Hertzog, and carried, the claim of Rob Roy Duncan was denied. Claim - Roberts On motion by Councilwoman Schafer, seconded by Council - Denied woman Hertzog, and carried, the claim of Marvin E. Roberts was denied. Purchase of On motion by Councilwoman Schafer, seconded by Council - Water Meter for woman Hertzog, authorization was given to purchase a TeWinkle Park water meter to be installed at TeWinkle Park by the Costa Mesa County Water District, in the amount of $4,160.39, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Demolition of Award of the contract for Demolition of Existing Struc- Structures for tures within the General Area of Center Street, Park Senior Citizens Avenue, and Newport Boulevard, for the Future Senior Housing Project Citizens Housing Project, continued from the meeting of July 3, 1978, was presented. On motion by Councilwoman Awarded Schafer, seconded by Councilwoman Hertzog, the contract Viking Equipment was awarded to Viking Equipment Corporation, 3027 Fierro Street, Los Angeles, in the amount of $11,700.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, NOES: Council Members: ABSENT: Council Members: Raciti, Hertzog, Schafer None None Special Event Since there were no representatives for the Motor Car Signing Dealers Association present at this time regarding "Special Event Signing", the Mayor trailed this item Trailed until later in the meeting. Temporary On motion by Councilman Raciti, seconded by Vice Mayor Trailer Permits Smallwood, Ordinance 78-21, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING SEC - Ordinance 78-21 TION 17-6 OF THE COSTA MESA MUNICIPAL CODE CONCERNING Adopted THE STANDARDS AND PROCEDURES FOR SECURING PERMITS FOR TEMPORARY TRAILERS AND MODULAR STRUCTURES, EXCLUDING .TRAILER PARKS (MOBILE HOME PARKS), 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 Zone Exception On motion by Vice Mayor Smallwood, seconded by Council - Prerequisites woman Hertzog, Ordinance 78-32, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING Ordinance 78-32 TITLE 13 OF THE COSTA MESA MUNICIPAL CODE ADDING A Adopted CONDITION TO THE PREREQUISITES NECESSARY FOR THE GRANT- ING OF A ZONE EXCEPTION PERMIT REQUIRING THAT THE USE ALLOWED BY A ZONE EXCEPTION PERMIT BE CONSISTENT WITH THE LAND USE DESIGNATION OF THE GENERAL PLAN, 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 Warrant On motion by Councilwoman Hertzog, seconded by Council - Resolution 1040 woman Schafer, Warrant Resolution 1040, including Pay- roll 7814, was approved by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Billboard The City Attorney recommended that litigation in con - Litigation nection with billboards in the City of Costa Mesa not be pursued until a decision is made by the Supreme Court in regard to the City of San Diego's billboard ordinance. Public Hearing The City Manager announced that this was the time and Federal Revenue place set for the public hearing to consider proposed Sharing Funds uses of Federal Revenue Sharing funds to be appropri- ated in the Fiscal Year 1978-79 City Budget. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The City Manager has recommended disbursement of the funds .as follows: Social Program Support, $89,000.00; Teleprinter Mobile Radio System - Police and Fire, $250,000.00; Street Maintenance Program, $240,000.00; Construction of 17th Street Storm Drain, $250,000.00; and Construction of the Downtown Community Recreation I 1 1 Center, $250,000.00. Jack Polans, 2864 Royal Palm Drive, Costa Mesa, asked whether any of these funds would be used for the Redevelopment Agency, staff payroll, or for the Route 55 Freeway, to which the City Manager responded in the negative. There being no other speakers, the Mayor closed the public hear - Public Discussion ing. Also presented at this time for public dis- 1978-79 City cussion was the City's 1978-79 Budget. The City Budget Manager stated that the total amount of the Budget is $21,697,530.00, which is a decrease of 14.9 per- cent from the previous year. He further stated that Capital Improvements have been reduced by 50.8 percent and Operational Costs cut by 3.1 percent. Alvin Pinkley, 1833 Fullerton Avenue, Costa Mesa, former Mayor and Council Member, spoke in support of the proposed Budget and commended the City Mana- ger and Director of Finance on a job well done. Jack Polans requested information on the Redevelop- ment Agency and Police Department Budgets, and funds for Route 55, and the City Manager responded that the Budget shows the Redevelopment Agency amount to be $575,000.00, the Police Department $4,430,195.00, and no specific funds for Route 55. Paul Rolig, 1310 Watson Avenue, Costa Mesa, commended the Council on the City's Budget, recommended that the City consider zero government growth, and supported the Council's position of not accepting State funds if certain conditions are imposed. Mr. Rolig also asked questions regarding the Police Helicopter and requested a copy of the statistical report which is on file in the Police Department. After a brief dis-. cussion, a motion was made by Vice Mayor Smallwood, seconded by Councilwoman Hertzog, approving the 1978- 1979 City Budget, including allocation of Federal Revenue Sharing Funds as recommended by the City Manager, by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Del Mar Avenue The City Manager requested Council consideration of Widening alternatives for the future Del Mar Avenue/University Avenue Precise Plan. Four options were suggested by Hearing Set the Planning and Public Services Directors in their memorandum dated July 3, 1978, to the City Manager, which are as follows: (1) Take no action; (2) Re- quire no dedication; (3) Hold the precise alignment in abeyance; and (4) Purchase of all R2 properties on the north side of Del Mar Avenue. The Planning and Public Services Directors recommended Option 3. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, and carried, a public hearing was set for August 7, 1978, at 6:30 p.m., to consider a proposed resolution to hold the existing Precise Alignment in abeyance and,to rely on the Master Plan of Highways for the north side of Del Mar Avenue only, as outlined in Option 3. Pacific -Canyon The City Manager presented a proposed resolution ini- Island,Annexation tiating proceedings for the annexation of Pacific - to the City of Canyon Island Annexation to the City of Costa Mesa, Costa Mesa located in the general area of Victoria Street, Canyon Drive, and Pacific Avenue; 63.4121 acres. Brief dis- cussion followed concerning the cost to the City if this property were annexed. On motion by Councilman Raciti, seconded by Vice Mayor Smallwood, Resolution Resolution 78-72 78-72, being A RESOLUTION OF THE CITY COUNCIL OF THE 25 8 PERS. Resolution 78-73 CITY OF COSTA MESA, CALIFORNIA, REQUESTING COMMENCE- MENT OF PROCEEDINGS FOR THE ANNEXATION OF PROPERTY REFERRED TO AS "PACIFIC -CANYON ISLAND ANNEXATION" TO THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None The City Manager presented a new Resolution of Intent regarding the Public Employees' Retirement System reflecting recent legislative changes covering non - safety employees' membership. On motion by Council- woman Hertzog, seconded by Councilwoman Schafer, Resolution 78-73, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO APPROVE A CONTRACT BETWEEN THE BOARD OF ADMINISTRA- TION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Vice Mayor Smallwood, seconded by Council - Adjustment 79-01 woman Schafer, Budget Adjustment Authorization 79-01, reflecting an increase of $14,764.00 in both the con- tract amount and revenue estimate in connection with the amendment to the contract proposal between the City and the Costa Mesa Sanitary District, was approved by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Assistant City The City Manager congratulated Robert Duggan, Assistant Manager City Manager, on his appointment as the City Manager of Congratulated the City of Atwater, California, and thanked him for his fine work with the City of Costa Mesa. The Council also expressed their appreciation to Mr. Duggan and wished him well. Public Hearing The Clerk announced that this was the time and place GP -77-3I set for the public hearing, continued from the meet- Sewell/Morrison ing of June 19, 1978, to rehear General Plan Amend- ment GP -77-3I, Richard Sewell, authorized agent for Held Over Jeanne C. Morrison and Theresa C. Morrison, 136 Rochester Street, Costa Mesa, for permission to amend the land use designation of property located at 398 West Wilson Street, from General Commercial to High Density Residential. Environmental Determination: Negative Declaration adopted on February 6, 1978. A letter has been received from Mr. Sewell request- ing a continuance of the public hearing. The applicant was present and requested that this item be continued to the meeting of September 18, 1978. On motion by Vice Mayor Smallwood, seconded by Council- woman Schafer, and carried, the public hearing was continued to the date requested by Mr. Sewell. Public Hearing The -Clerk announced that this was the time and place Condemnation of set for the public hearing to consider a Resolution of Loukides Property Necessity for acquisition by condemnation of property located on the southwest corner of 19th Street and 25 ,91 Harbor Boulevard; owners, Lucas and Helyne Loukides. The Affidavit of Publication is on file in the Clerk's office. A'first-class letter of notification was mailed to the property owners as required by law. No communications have been received. Frank Turnbull, 601 - 12th Street, Huntington Beach, potential.tenant of the Baskin-Robbins property located at 501 West 19th Street, asked if this parcel is involved in the con- demnation proceedings tonight, to which the City Attorney responded that only that portion needed for the 19th Street Widening Project was being considered at this time, but that the balance of the Loukides property may be acquired by the Redevelopment Agency at a later time. Jack Polans stated his opinion that this matter should have been listed as a Redevelopment Agency item. The City Manager responded that this pro- ceeding had to do with a street widening project in connection with the Arterial Highway Financing Program, and did not involve the Redevelopment Agency. There being no other speakers, the Mayor closed the public hearing. The hearing was reopened by the Mayor on recommendation by the City Attorney that the findings of the Council must be presented during the public hearing. After discussion, the following findings of the Council were read into the record by the Clerk: (A) There is a need and necessity for the development of additional east -west arterial traffic circulation system; (B) That after study and deliberation, and upon recommendation of staff, alignment "D" -affords the best and least dis- ruptive method of attaining said traffic circulation; (C) With the selection of alignment "D", the necessary taking of land does in fact reduce the usable portion in front of the Loukides property from an existing 34 spaces to 13 spaces; (D) That alignment "D", according to the Economic Impact Report prepared by Larry Smith and Company in July, 1976, will result not only in a loss of parking, but in addition, will result in a loss of retail sale volume and subsequent loss of sales tax revenue to the City; and (E) It is possible that the Redevelopment Agency will acquire the remainder of the parcel in the future. The City Attorney recommended that an additional finding be added as follows: (F) The particular acquisition of this parcel is compati- ble with the greatest public good and least.private injury, and the property acquired is necessary for the 19th Street Widening Project. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Smallwood, seconded by Council- woman Hertzog, based on the findings outlined above, including the addition recommended by the City Resolution 78-74 Attorney designated Finding F, Resolution 78-74, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING, AND DECLARING THAT THE PUBLIC INTERESTS AND NECESSITY REQUIRE THE ACQUISITION BY CONDEMNATION OF CERTAIN REAL PROPERTY FOR STREET WIDENING PURPOSES, AND AUTHORIZING SAID CONDEMNATION AND DIRECTING THE CITY ATTORNEY TO PRO- CEED WITH SUCH ACTION, was adopted by the following roll call vote: AYES: Council Members: McFarland, Smallwood, Raciti, Hertzog, Schafer NOES: Council Members: None ABSENT: Council Members: None Mayor Leaves The Mayor left the meeting at this time and therefore did not vote on the following two hearings. Public Hearing The Clerk announced that this was the time and place SP -78-02 set for the public hearing to consider the Precise Precise Plan Plan of alignment for Street "A", extension of Ran - for Street "A" dolph Avenue between Baker Street and Paularino Ave- Q; Mayor Returns The Mayor returned to the Council table at this time. No.t3fication The Clerk presented a recommendation from the Planning Requirements Commission to direct staff to prepare ordinance amend - for Planning ments regarding notification requirements for Planning Actions actions. The.Planning Commission and Planning staff have recommended the following: General Plans, Speci- fic Plans, and Rezone Petitions will be published in a newspaper of general circulation, and postcards will be mailed to property owners within a 300 -foot radius of the property being considered; and only postcards will be sent out in connection with Variance and Con- ditional Use Permits. These amendments are within the State requirements and reflect an annual savings to the City of approximately $2,500.00. After discus- sion, on motion by Councilwoman Schafer, seconded by Vice Mayor Smallwood, and carried, staff was directed to prepare.an ordinance in accordance with the recom- mendations outlined above. Bristol -Red Hill On motion by Councilwoman Schafer, seconded by Vice Annexation Mayor Smallwood, and carried, a proposed annexation to the City of Costa Mesa, designated Bristol -Red Held Over Hill Annexation, was continued to the meeting of August 21, 1978, as requested by The Irvine Company. Special Event nue, as described in Option III of Specific Plan Held Over SP -78-02. The Affidavit of Publication is on file in the Clerk's Office. No communications have been re- ceived. On motion by Councilman Raciti, seconded by Councilwoman Schafer, and carried, Mayor McFarland absent, this item was continued to the meeting of August 7, 1978, as recommended by the Director of Planning. Public Hearing The Clerk announced that this was the time and place Amendment to set for the public hearing of an amendment to Specific SP -78-02 Plan SP -78-02, to consider alternatives and implementa- tion techniques for the construction of Street "A", Held Over extension of Randolph Avenue between Baker Street and Paularino Avenue, as shown in Option III of the Speci- fic Plan. The Affidavit of Publication is on file in the Clerk's office. No communications have been re- ceived. On motion by Vice Mayor Smallwood, seconded Oral by Councilwoman Hertzog, and carried, Mayor McFarland Communications absent, this item was continued to the meeting of August 7, 1978, as recommended by the Director of Planning. Mayor Returns The Mayor returned to the Council table at this time. No.t3fication The Clerk presented a recommendation from the Planning Requirements Commission to direct staff to prepare ordinance amend - for Planning ments regarding notification requirements for Planning Actions actions. The.Planning Commission and Planning staff have recommended the following: General Plans, Speci- fic Plans, and Rezone Petitions will be published in a newspaper of general circulation, and postcards will be mailed to property owners within a 300 -foot radius of the property being considered; and only postcards will be sent out in connection with Variance and Con- ditional Use Permits. These amendments are within the State requirements and reflect an annual savings to the City of approximately $2,500.00. After discus- sion, on motion by Councilwoman Schafer, seconded by Vice Mayor Smallwood, and carried, staff was directed to prepare.an ordinance in accordance with the recom- mendations outlined above. Bristol -Red Hill On motion by Councilwoman Schafer, seconded by Vice Annexation Mayor Smallwood, and carried, a proposed annexation to the City of Costa Mesa, designated Bristol -Red Held Over Hill Annexation, was continued to the meeting of August 21, 1978, as requested by The Irvine Company. Special Event The request from Roy E. June, on behalf of the Signing Motor Car Dealers Association of Costa Mesa, for interpretation of Section 5-121(d), Costa Mesa Sign Ordinance, relating to "Special Event Signing", which was continued from earlier in the meeting, was again presented. The applicant was not present. The Planning Commission and Planning staff advised the Association that the 5 -day special event signing which they requested would be charged against the 30 days which each dealer is entitled to have. Mr. June was of the opinion that the Association, functioning as a separate entity, should be entitled to special event signing in addition to that which is permitted for each individual dealer. After discussion, on motion by Councilman Raciti, seconded by Vice Mayor Smallwood, and carried, the interpretation of the Planning Commission and Planning staff was upheld. Oral Assistant City Manager Robert Duggan took this Communications opportunity to express his appreciation: in having been with the City of Costa Mesa for the past 7-1/2 L' 1 1 1 1 years, and stated that because of the excellent staff with which he has been associated, he feels he is well prepared to assume the duties of City Manager of the City of Atwater. Councilmanic Councilman Raciti expressed concern regarding high Comments density development in the City, especially as it relates to increased traffic. Mayor McFarland introduced his mother who was in the audience. Adjournment The Mayor adjourned the meeting at 8:55 p.m. Mayor of the City Co to Mesa ATTEST: City Clerk of the City of Cos V Mesa GI'