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HomeMy WebLinkAbout11/06/1978 - City Council1 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA November 6, 1978 The City Council of the City of Costa Mesa, California, met in regular.session November 6, 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 Flag, and Invocation by the Reverend Loren Sangry, First Christian Church. Roll Call. Council Members Present: McFarland, Schafer, Raciti, Hertzog, Hall Council Members Absent: None Officials Present: Acting City Manager, City Attorney, Assistant Director of Planning, Director of Public Services, City Clerk Introduction of Mayor McFarland introduced Charles Roberts, Director Acting City of Planning, who is Acting City Manager in the ab - Manager sence of City Manager Sorsabal. Minutes. On motion by Councilman Hall, seconded by Council - October 13, 1978 woman Hertzog, and carried, the minutes of the special October 16, 1978 meeting of October 13, 1978, and the regular meeting of October 16, 1978, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Vice Mayor Schafer, seconded by Mayor McFarland, and carried, to read all ordinances by title only. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 5, Notice of Inten- tion to Appeal or Solicit for Charitable Purpose from Youth Problem Center; Item 6, Request from CHOC Thrift Stores to collect clothing and reuseable household items; Item 7, Rezone Petition R-78-18, Donald R. Ward; and Item 12, Claim of Leroy, Darren, and Megan Sutherland. On motion by Vice Mayor Schafer, seconded by Council- woman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None 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 was required: Gary Elder; David Charles Stuart; Helen Johnson; and Sherry Lynn Richie. State -Mandated Resolutions from the cities of Buena Park, River - Costs Imposed on bank, and Westminster, establishing their strong Local Agencies opposition to the lack of the State's concern for the impact of State -mandated costs. '3 Regulations A resolution from the City of Yorba Linda, re - Relating to questing the State Legislature to strengthen State -Licensed regulations relating to State -licensed contrac- Contractors tors. Local Agency Notice of determination to be made without notice Formation and hearing on proposed annexations to the Costa Commission Mesa Sanitary District, designated Engineer's No. 173, in the general area of Babb Street and Paularino Avenue; Engineer's No. 177, in the gen- eral area of Sea Bluff Drive and Canyon Drive; and Engineer's No..18.1,..South Coast Repertory Theatre. Trailer Coach Fees A report from the State Controller listing appor- tionof trailer coach fees to the County. Public Utilities Application before the.Public Utilities Commis - Commission sion of Orange Coast Sightseeing Company, a corporation, for authority to establish.a tour to Universal City Studios excluding NBC Studios. Alcoholic Beverage Alcoholic Beverage License applications for Licenses which parking has been approved .by the Planning Department, from: WHJ's Golden Dragon, Incorpor- ated, doing business.as Golden Dragon, 2023 Harbor Boulevard; Costa Mesa Restaurants, Incor- porated, doing business as .94th Aero Squadron Restaurant, 3180 Airway Avenue; William Darcan- gelo, doing business as Happy Jack's Pizza, 1500 Adams Avenue,. Suite 108; Tres Amigo's, Incorpor- ated,.2200 Harbor Boulevard, No. Bl; South Coast Repertory, Incorporated, 655 South Town End - Center Drive; and Harrah Corporation Unlimited, Reading Folder 428 East 17th Street. Business Permits Request.from Costa.Mesa Restaurants, Incorporated, do- ing business as 94th,Aero Squadron, 3180 Airway Avenue, 94th Aero Squadron Costa Mesa, for an annual dance permit, was approved with one condition of the Revenue Division. Antiques Expo Request from Antiques Expo and Sale, Post Office Box and Sale 566, La Habra, to hold a four-day antique show at the Orange County Fairgrounds, December 7 through 10, 1978, was approved. Arthritis Notice of Intention to Appeal or Solicit for Charitable Foundation Purpose from Arthritis Foundation, Orange County Branch, 900 North Broadway, 3rd Floor, Santa Ana, by door-to- door solicitation from February 1 through March 1, 1979, was approved with application of Section 9-234J of the Costa Mesa Municipal Code. Set for'P.ublic The following items were set for public hearing on Hearing November 20, 1978, at 6:30 p.m. in the Council Chambers of City Hall: R-78-19, Coast Rezone Petition R-78-19, John Scott, University Community College Sales and Service, authorized agent for Coast Community College, 1370 Adams Avenue, Costa Mesa, for permission to rezone an approximately 0.49 -acre parcel, located east of 2850 Harbor Boulevard, from I and R (Institutional and Recreational) to CL.(Commercial Limited). En- vironmental Determination: Negative Declaration. R-78-20, Coast Rezone Petition R-78-20, Nabers Cadillac, author - Community College ized agent for Coast Community College District,' 1370 Adams Avenue, .Costa Mesa, for permission to rezone an 0.86 -acre parcel-, located on the south- west portion of the Orange Coast College Campus, 1 1 f easterly of 400 Merrimac Way, from I and R (Institutional and Recreational) to P (Off - Street Parking). Environmental Determination: Negative Declaration. _ TeWinkle Park Bids received for Tennis Court Light Replacements at Tennis Court TeWinkle Park are on file in the Clerk's office. On Light Replace- motion by Vice Mayor Schafer, seconded by Councilwoman ments Hertzog, the contract was awarded to Howell Electric, 17712 Upland Avenue, Fontana, in the amount of Awarded $25,491.00, being the lowest bid meeting specifications, Howell Electric by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Vice Mayor Schafer, seconded by Council - Adjustment woman Hertzog, Budget Adjustment No. 79-16 for lights No. 79-16 at TeWinkle Park, in the amount of $11,500.00, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Surveying Service Bids received for Surveying Service for East 17th for East 17th Street Extension from Newport Boulevard to 180 Feet Street East of Fullerton Avenue, Arterial Highway Financing AHFP 970 Program Project 970, are on file in the Engineering Department. On motion by Vice Mayor Schafer, seconded Awarded by Councilwoman Hertzog, the contract was awarded to Zenith Survey Zenith Survey, Incorporated, 1430 South Village Way, Suite D. Santa Ana, in the amount of $4,250.00, being the lowest bid meeting specifications, by the follow- ing roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 398 Request ,for On motion by Vice Mayor Schafer, seconded by Council - the Clerk's office. On motion by Vice Late Claim woman Hertzog, and carried, the application for late Relief - Alvarez claim relief from Luis Carlos Alvarez, also known as ORCO Micro- Denied being the lowest bid meeting specifica- Jorge Eliecer Munoz, was denied. tions, by the following roll call vote: Claim - Madden On motion by Vice Mayor Schafer, seconded by Council - Denied woman Hertzog, and carried, the claim of George Madden ABSENT: Council Members: None was denied. Further action was taken later in the meeting. Claim - Hinkle On motion by Vice Mayor Schafer, seconded by Council - Denied woman Hertzog, and carried, the claim of Linda, Michael, Yvette, and Dana Hinkle was denied. Claim - Pope On motion by Vice Mayor Schafer, seconded by Council - Denied woman Hertzog, and carried, the claim of John F. Pope was denied. TeWinkle Park Bids received for Tennis Court Light Replacements at Tennis Court TeWinkle Park are on file in the Clerk's office. On Light Replace- motion by Vice Mayor Schafer, seconded by Councilwoman ments Hertzog, the contract was awarded to Howell Electric, 17712 Upland Avenue, Fontana, in the amount of Awarded $25,491.00, being the lowest bid meeting specifications, Howell Electric by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Vice Mayor Schafer, seconded by Council - Adjustment woman Hertzog, Budget Adjustment No. 79-16 for lights No. 79-16 at TeWinkle Park, in the amount of $11,500.00, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Surveying Service Bids received for Surveying Service for East 17th for East 17th Street Extension from Newport Boulevard to 180 Feet Street East of Fullerton Avenue, Arterial Highway Financing AHFP 970 Program Project 970, are on file in the Engineering Department. On motion by Vice Mayor Schafer, seconded Awarded by Councilwoman Hertzog, the contract was awarded to Zenith Survey Zenith Survey, Incorporated, 1430 South Village Way, Suite D. Santa Ana, in the amount of $4,250.00, being the lowest bid meeting specifications, by the follow- ing roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 398 Bids received for Bid Item 398, Microfilming Service, Microfilming are on file in the Clerk's office. On motion by Vice Service Mayor Schafer, seconded by Councilwoman Hertzog, the contract was awarded to ORCO.Microfilming Service, Awarded Incorporated, 1010 Lacy Avenue, Anaheim, in the amount ORCO Micro- of $16,000.00, being the lowest bid meeting specifica- filming tions, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None 3.26 - Bid Item 403 Bids received for Bid Item 403, One Roller, Tandem, Roller, Tandem, 4-6 Tons., are on file in the Clerk's office. On 4-6 Tons motion by Vice Mayor Schafer, seconded by Council- woman Hertzog, the contract was awarded to Nixon - Awarded Egli Equipment Company of Southern California, 12030 Nixon=Egli Clark Street, Santa Fe Springs, in the amount.of $18,666.00, being the lowest bid meeting specifica- tions, by the following roll.call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 404 Bids received for Bid Item 404, Furnish and Spread Fertilizer 49.25 Tons of Fertilizer, are on file in the Clerk's office. On motion by Vice.Mayor Schafer, seconded Awarded by Councilwoman Hertzog,..the contract was awarded to Robinson's Robinson's Fertilizer Company, 119 North Olive Street, Fertilizer Orange, in the amount of $11,410.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members.: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 405 Bids received for Bid Item 405, Two Station Wagons, Two Station are on file in the Clerk's. office. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, Awarded the contract was awarded to Theodore Robins Ford, Theodore Robins 2060 Harbor Boulevard, Costa Mesa, in the amount of Ford $14,206.00, being the lowest bid meeting specifica- tions, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: .Council Members: None Bid Item 406. Bids received for Bid Item 406, Five Special Trucks, Special Trucks are on file in the Clerk's office. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the Awarded contract was awarded as follows: Exhibit 1 - 1979 Theodore Robins Model Truck, Theodore Robins Ford,. 2060 Harbor Boule- Ford; Asplundh vard, Costa Mesa, $8,256.00; Exhibit 2 - Truck with Equipment; Howard 50 -foot aerial lift device,.Asplundh Equipment Sales Chevrolet and Service, 2501 North Tyler Avenue, E1 Monte, $47,993.00; Exhibit 3 - 1979 Model Truck with 1,500 - gallon water tank, Theodore Robins Ford, $16,355.00; Exhibit.4 - 1979 Model.Truck.with special body for mounting spray unit, Theodore Robins Ford, $9,336.00; Exhibit 5 - 1979 Model Truck with special walk-in van body, Howard Chevrolet, 895 Dove Street, Newport Beach, $7,878.81, by the following roll call vote: AYES: Council Members.: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Prohibition On motion by Vice Mayor Schafer, seconded by Council - of Parking - woman Hertzog, Resolution 78-107, being A RESOLUTION Crocus Circle OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, PROHIBITING PARKING ON MONDAYS BETWEEN 8:00 Resolution 78-107 A.M. AND 10:00 A.M. ON CROCUS CIRCLE FOR THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog,.Hall NOES: Council Members: None ABSENT: Council Members: None F� 1 I. 32 ZE-62-70 The improvements in connection with Zone Exception Mobil Oil ZE-62-70, for property located at the northwest corner of Bristol and Baker Streets, have been com- pleted by Mobil Oil.Corporation, 17822 East 17th Street, Tustin, to the satisfaction of the Director of Public Services. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Improvements at Construction of street and storm drain improvements 877 West Baker at 877 West Baker Street has been completed by Aldo's Street Landscaping, Incorporated, Post Office Box 4177, Long Beach, to the satisfaction of the Director of Public Services. On.motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the work was ac- cepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Vice Mayor Schafer, seconded by Council - Adjustment woman Hertzog, Budget Adjustment 79-14, in the amount No. 79-14 of $4,500.00 to install mowing strips at Civic Center Park, was approved by the following roll call vote: AYES: Council Members: McFarland,, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None Conference ABSENT: Council Members: None On motion by Vice Mayor Schafer, seconded by Council - Advance woman Hertzog, a Conference Advance for a Police Captain to attend the California Police Officers' Mid -Winter All -Committee Conference in San Diego, November 15 and 16, 1978, in the amount of $150.00, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Change:Order On motion by Vice Mayor Schafer, seconded by Council - No. 3 for Fire woman Hertzog, Change Order No. 3, Construction of Station No. 3 - Fire Station No. 3 by H. W. Sant Company, for an in - H. W. Sant crease of the contract in the amount of $6,322.00, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None On further motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, a request from H. W. Sant Com- pany for a 77 -day extension to their contract was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Business Permits Item 5 on the Consent Calendar,.Notice of Intention to Appeal or Solicit for Charitable Purpose from Youth Problem Youth Problem Center, 132 East 18th Street, Costa 2E Mesa, by contacting local businesses for donations of office supplies and furniture, November 6, 1978, through February 6, 1979, was presented. The policy of the Council is to allow each nonprofit organiza- tion one permit, not to exceed 90 days, during any 12 -month period. In keeping with this policy, a motion was made by Councilman Hall, seconded by Vice Mayor Schafer, and carried, granting the permit but amending the calendar period to January 6, 1979, through April 6, 1979. CHOC Thrift Item 6 on the Consent Calendar, a request from CHOC Stores Thrift Stores, 2025 West First Street, Santa Ana, to collect clothing and reus.eable household items for sale in their thrift store from November 1, 1978, through November 1, 1979, was.presented. Roy Pen- nington, General Manager, was present and spoke about.the contribution of CHOC Thrift Stores to the community. Councilman Raciti suggested that. a six- month permit might be better for the community than the annual permit requested. Mayor McFarland ob- served that the Salvation Army and Goodwill organi- zations presently are granted annual permits and he would not object to CHOC's being granted the same. The Acting City Manager was requested to gather information for the Council meeting of November 20, 1978, so they could decide on a firm policy for all such organizations. Councilman Raciti.made a motion, seconded by Vice Mayor Schafer, and carried, to allow CHOC to collect clothing and reuseable items for 90 days beginning November 1, 1978, through Feb- ruary 1, 1979. R-78-18 Item 7 on the Consent Calendar, to set a public hear - Ward ing for Rezone Petition R-78-18, Donald R. Ward, 380 West Wilson Street, Costa Mesa, for permission to Hearing Set rezone property located at the above address from C1 to R3, was presented. Elvin Hutchison, 2281 Fordham Drive, stated that,he had -understood this item would be on the agenda for this evening and not delayed until November 20, 1978. Mayor McFarland assured him that the normal procedure is for an item from Planning to appear on the next Council Agenda to be set for public hearing for the following meeting. Councilman Raciti.explained further that this was to insure that all interested parties would be notified of the hearing. A motion was then made by Councilman Raciti, seconded by Vice Mayor Schafer, and carried, setting this item for public hearing on November 20, 1978. Claim --Madden The claim of George Madden, denied earlier in the meeting as part of the Consent Calendar, was again Litigation discussed. The City Attorney requested the authority Authorized to proceed with litigation against a third party. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, said authorization was granted. Claim -Sutherland Item 12 on the Consent Calendar, the claim of Leroy, Denied Darren, and Megan Sutherland, was presented. Council- woman Hertzog, because of her acquaintance with the claimant, asked to be allowed to abstain from voting on this issue. A motion was made by Councilman Hall, End - Consent seconded by Vice Mayor Schafer, and carried, Council - Calendar woman Hertzog abstaining, to deny the claim. Agreement - Sewell An agreement between the City and Richard Sewell, 136 Rochester Street, Costa Mesa, regarding provision of Family Housing family housing at 398 West Wilson Street, was pre- sented. The Acting City Manager summarized the back- ground on this project and stated that -the rezoning FJ I- I 3219 had been held in abeyance until the subject agreement, stipulating that 50 percent of the units in this project would be for families..with children., was received by the City. Councilman.Raciti.brought the Council's attention to Page 2, Item 2, of the pro- posed agreement and asked that it be amended to read, "sign and newspapers" rather than "sign and/or news- papers", to insure that the availability of family - type housing be properly advertised.. Mr. Sewell was present and agreed to the proposed change. On motion by Councilman Hall, seconded by Councilwoman Hertzog, the agreement was approved as amended, and the Mayor and.Clerk were authorized .to sign on behalf of the City,, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Hertzog, Hall NOES: Council Members: Raciti ABSENT: Council Members: None R-78-16 The.Mayor presented for second reading.and adoption, Sewell/Morrison Ordinance 78-47, in connection with Rezone.Petition R-78-16, Richard Sewell, to rezone property located at 398 West Wilson Street, from Cl to R3. Elvin Hutchison, 228.1 Fordham Drive, Costa Mesa, stated that the homeowners in opposition to the rezone had missed their opportunity to object to Council's giv- ing first reading to the Ordinance, and requested that this item be continued to the meeting of Novem- ber 20, 1978, to allow them time to gather informa- tion and support for their claim that R3 zoning would cause added traffic problems in the area. He also presented petitions containing 86 signatures in sup- port of this position. In response to Mr. Hutchison's request to discuss the plans of the project, Mayor McFarland stated that this was not an issue at this r meeting. Mr. Sewell presented a slide view of the development which .showed there would only -be one pub- lic entrance to the complex, and one emergency access is planned for Harbor Boulevard. Councilwoman Hertzog commented that one of the reasons the Council approved this project was on the recommendation of the.Ho.using and Community Development Committee, who felt this property contained all the amenities required for family housing. Tamar Goldmann, 2324 College Avenue, Costa.Mesa, requested that this item be held over until the meeting of November 20, 1978, so that it could be heard with the Ward Rezone Petition R-78-17, because these two.adj.acent properties will bring 100 apartment units to College Park,. and she further stated that homeowners did not have an opportunity for input to the Council. George Spomer, 2285 Ford- ham Drive, objected to the congestion that would be caused by R3 zoning in.this area, including traffic problems. Nicholas DePietrantonio, 13651 Olympic Avenue, Costa Mesa, stated that any apartment complex built here would soon be unaffordable by the very people it was originally built to accommodate. Edgar Baum, 263 Bowling Green Drive, Costa Mesa, expressed his concern that zoning in the College Park area is being done in a piecemeal manner. Richard Sewell explained the problems he would encounter if the project were delayed again. Don Ward, owner of the adjacent property at 3.80 West Wilson Street, spoke in support.of R3 zoning in this area. Georgiana Kalazian, 2321 College Drive, Costa Mesa, objected to the present traffic problems in the area. Coun- cilman Raciti made a motion to allow the homeowners' input by postponing the second reading and adoption of this Ordinance for two weeks. The motion died for lack of a second. After requesting that Mr. 3Q Sewell work with the homeowners, on motion by Council - Ordinance 78-47 woman Hertzog, seconded by Councilman Hall, Ordinance Adopted 78-47, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OFA PORTION OF LOT 1, TRACT 9, FROM C1 TO R3, was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Hertzog, Hall NOES: Council Members: Raciti ABSENT: Council Members: None Warrant On motion by Vice Mayor Schafer, seconded by Council - Resolution 1050 man Hall, Warrant Resolution 1050, including Payrolls 7821 and 7822, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members:- None Warrant On motion by Vice Mayor Schafer, seconded by Council - Resolution 1051 man Hall, Warrant Resolution 1051 was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Sunshine Studio/ The City Attorney presented a status report on the Jawny/McLaughlin following court cases: Sunshine Studio, continued Litigations to December 11, 1978; Jawny Case, dismissed; and McLaughlin Case, Municipal.Court sustained the City's Demurrer. Knight/Bosley/ At the request of the City Attorney, discussion re - Humphries garding the following litigations was referred to Litigations an Executive Session: Knight vs. the City of Costa Mesa; City of Costa Mesa vs. Humphries; and Bosley vs. the City of Costa Mesa. Revenue,Sharing The Acting City Manager -presented recommendations for, Allocations for Social Service Revenue Sharing -Allocations. Council - Social Services man Hall asked whether or not he should abstain from voting on one of the application for funds due to a previous advisoryconnection with the applicant. It was the City Attorney's opinion that no conflict existed, but it might be more -comfortable for Coun- cilman Hall if he did abstain.. Del Mar Shelter Ori motion by Councilwoman Hertzog, seconded by Vice Home Mayor Schafer, $15,000.00 was allocated to the Del Mar Shelter Home, 170 Del Mar Avenue, Costa Mesa, for their juvenile diversion program, by the follow- ing roll call vote: AYES: Council Members: McFarland, Schafer Raciti, Hertzog NOES: Council Members.: None ABSENT: Council Members:. None ABSTAINING: Council Members: Hall On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, the following organizations were allo- cated Social Services Revenue Sharing funds, by the following roll call vote: AYES: Council Members: McFarland, Schafer Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None 1 1 1 1113 63.1 Project TLC Project TLC, Feedback Foundation, Incorporated, 124 North Sullivan Street, Suite E, Santa Ana, for their Family Crisis Senior Citizens Program, $6,125.00; Family Crisis Center Center, Orange Coast YMCA, 420 West 19th Street, Costa Mesa, $24,043.00; Share Our Selves, Incorpor- Share Our Selves ated, 1019 E1 Camino Drive, Costa Mesa, for emer- gency needs of the community, $9,000.00; Assessment Assessment and and Treatment Services Center, 1640 Southeast Treatment Ser- Bristol Street, Santa Ana, for their juvenile diver - vices Center sion program, $6,000.00; and Retired Seniors Volun- teer Program, Voluntary Action Center, 1714 West Retired Seniors Balboa Boulevard, Newport Beach, $7.,000.00. Volunteer Program H.E.R.E. Rape The H.E.R.E. Rape Crisis Clinic, Inner -Lock, Incor- Crisis Clinic porated, 516 North Placentia Avenue, Placentia, had requested $4,800.00 to provide sexual assault victim Denied assistance, counseling services, community education programs, and referral and rape research. Because of their distance from Costa Mesa, the Committee recommended that no allocation be approved for this service and that alternatives be researched by the Assistant to the City Manager as possible means to provide this type of service to the community. Public Hearing The Clerk announced that this was .the time and place Yellow Cab set for the public hearing for consideration of the Rate Increase Application for Rate Increase from Orange County Yellow Cab, Incorporated, 17300 Mt. Hermann Street, Fountain Valley. No communications have been re- ceived. Herman Tate, 3095 Trinity Drive, Costa Mesa, was present to answer questions from the Coun- cil. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, the requested rate increase was approved. Public Hearing The Clerk announced that this was the time and place R-78-17 Tindall/ set for the public hearing for Rezone Petition R -78 - Mesa Pacific 17, George Tindall, authorized agent for Mesa Pacific Development Development Company, 428 Oak Grove Circle, Anaheim, for permission to rezone property located at 1995 and 1999 Maple Avenue 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 Assistant Director of Planning explained the design philosophy utilized by the developer to combine these lots while still maintaining their individual status. This approach would allow two separate property owners to build at a higher density, if both owners are willing to cooperate by establishing mutual .easements and shared facilities. George Tindall, 9031 Trini Circle, Westminster, was present to answer questions with regard to the development. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Councilwoman Hertzog, the Negative Declaration of Environmental Ordinance 78-48 First Reading Impact was adopted, and Ordinance 78-48, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOTS 2 AND 3 OF TRACT 1480 FROM R2 TO R3 was given.first reading, with second reading and.adoption continued until such time as necessary documentation for easements and restrictions are provided, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None q d1l 4-1 a_V0 . a Public Hearing Condemnation of RMA Property 19th Street Widening Mayor Absent Resolution 78-108 The Clerk announced that this was the time and place set for the public hearing for the Resolution of Necessity.to condemn properties in connection with the 19th Street widening, RMA Property, Parcel 16, located at 1885 and 1895 Newport Avenue. Affidavits of Publishing and Mailing are on file in the Clerk's office. No communications.have been received. Mayor McFarland was absent from the Council Chambers for this item. The Acting City Manager explained that this property was within the Redevelopment.Area and that the Redevelopment Agency had adopted the Resolution of Necessity for that portion of the property which will be redeveloped. This portion was being presented to the Council for their approval since it was in the ultimate right-of-way of 19th Street. There being no speakers, the Vice Mayor closed the public hearing. The City Attorney recom- mended that the following communications be made a part of the administrative record: Memorandum dated May 19, 1978, from the Planning Department to the Planning Commission regarding the 19th Street widen- ing; Staff Report of May 22, 1978, Precise Plan, 19th Street Widening; Memorandum dated April 5, 1978, from the Assistant City Engineer to the Assistant City Manager/Community Development, regarding 19th Street Project; Staff Report dated April 14, 1978, entitled "RMA Building/19th Street Widening, Alternatives. and Options;" and the findings in a Memorandum dated November 3, 1978, from Roberta Costa to the City Council, in particular: (1) the public interest and necessity require the proposed project in that the project furthers the implementation of the Circula- tion Element of the General Plan and the Redevelop- ment Plan; (2) The proposed project is planned in a manner that will be most compatible with the great- est public good and the least private injury; (3) Traffic circulation surrounding the site will be improved.by reparceling to correct the existing hazardous alley intersection at 19th Street; and (8) The property is necessary for the proposed project. Based on the evaluations and findings of the staff, as delineated above, a motion was made by Councilman Hall, seconded by Councilwoman Hertzog, adopting Resolution 78-10.8, being a RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF COSTA MESA, CALI- FORNIA. FINDING, DETERMINING, AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY CONDEMNATION OF CERTAIN REAL PROPERTY DESIGNATED AS .THE RMA PROPERTY ON 19TH.STREET IN THE CITY OF COSTA MESA FOR A STREET WIDENING PROJECT, AND AUTHORIZING.SAID CONDEMNATION AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Public Hearing The Clerk announced that this was the time and place Condemnation of set for the public hearing for.the Resolution of the McDonald Necessity to condemn properties in connection with Property the 19th Street widening, known as the McDonald property, Parcel 15, located at the southerly corner of 19th Street and Newport Boulevard. Affidavits of 19th Street Publishing and Mailing are on file in the Clerk's Widening office. No communications have been received. On motion by Councilman Hall, seconded by Councilwoman Held Over Hertzog, and carried, this item was continued until November 20, 1978,. as recommended by the staff. Recess The Vice Mayor declared a recess at 8:30 p.m. and the meeting reconvened at 8:45 p.m. 1 333 Public'Hearing The Clerk announced that.this was the time and place Rehearing of set for the rehearing of the Precise Plan of Align- Precise'Plan ment for Street "A", extension of Randolph Avenue for Street"A" between Baker Street and Paularino Avenue, in' connec- SP-78-02 tion with Specific Plan SP -78-02. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Mayor McFarland began the procedure by stating that as a result of the Study Session held at the Bear Street School on October 30, 1978, the Director of Planning was be- ing asked to have a report ready for the Council meeting on November 20, 1978, as to the need, feasi- bility, financial picture, etc., of having a signal installed at the corner of Paularino Avenue and Bear Street. The Assistant Director of Planning gave a summary of the background of this item. The Director of Public Services summarized the various alternative designs that had been considered and rated them as to the desirability of each, as viewed by the staff. Councilman Raciti asked if a through street were actually required in this area due to the proximity of Jeffrey Street. Councilwoman.Hertzog asked about the feasibility of constructing the street in stages as the properties were developed. The Director of Public Services stated that the best way would be to get dedication immediately and build immediately, but this was an option that the Council had.. In response to a question from Councilman Hall as to what problems might be incurred from dead -ending the street at the Fire Station, the Director of Public Services replied that drainage is a jnajor problem with this alternative and that grading would be necessary on the roadway bed beyond the dead-end to facilitate drainage. Bob Lennert, 3083 Platte Drive, Costa Mesa; Jean Robins, 1807 Tahiti Drive, Costa Mesa;.and Elaine Lennert, 3083 Platte Drive, Costa Mesa, spoke in opposition to the through -street concept recommended by staff. Richard Sewell made a suggestion that traffic on the proposed Street "A" could be slowed by the use of stop signs at each directional change, but the Director of Public Ser- vices pointed out that since there was no four-way traffic in this instance, stop signs would not be appropriate. Jorge Alvarez, 1947 Killdeer Circle, Costa Mesa, who will be developing lots in this area, stated that he could support any decision reached by the Council, with some causing more difficulties and expense than others, but would appreciate an answer this evening because interest rates have already in- creased due to delays. Councilman Raciti asked Mr. Alvarez what the impact would be if the end of the cul-de-sac were moved to abut the Fire Station property to allow access on the part of the fire equipment. The Fire Chief, John Marshall, addressed himself to this question and replied that the station had no need for such access and could service the area adequately regardless of the street alignment ultimately decided upon by the Council. Robert Linq- uist, 3107 Platte Drive, Costa Mesa, and Diane DePietrantonio, 13651 Olympic Avenue, Costa Mesa, expressed their feelings regarding the street align- ment. There being no other speakers, the Mayor closed the public hearing. Councilwoman Hertzog made a motion to obtain dedication of the necessary property to build the entire street, but construct it in increments as the lots are developed. Council- man Hall seconded the motion. Mayor McFarland added that he felt the decision should be made this evening as to the final alignment of the street and not leave 1-1341 Q J_ the project in limbo as to its ultimate status. In response to a question from Councilman Hall.in re- gard to requiring the Day School presently located on Paularino Avenue to redesign ingress and egress to Street "A" rather than Paularino Avenue, the Director.of Public Services responded that there would be no requirement to have the .developed par- cel altered in design, but any parcel to be redeveloped after this time.would be required to adhere to the new plan for Street "A" access. In this regard the Assistant Director of Planning stated that it was his understanding that the Parks Family, owners of the Day School, had obtained a Conditional Use Permit which calls for their cooper- ation -on the Street "A" project. Mrs. Park was present and stated that there was no understanding as to dedication of land.in either of her dealings with the Planning Commission, or in the Conditional Use Permit itself, just that setback, sidewalk, and curb requirements would be necessary. Vice Mayor Schafer thanked the people who attended the Study Session at Bear Street School, and expressed her opinion that prolonging a decision on the alignment could.cause additional problems. Mayor McFarland summarized.the lengthy motion made previously by Councilwoman Hertzog by stating that the land for Street "A" would be dedicated in its entirety, but the road would be constructed incrementally with the first portion constructed to the back of the Fire Station and terminated there; later on, a re- evaluation would be made as to the traffic flow prior to the completion of .the final leg. After further discussion, the motion failed to carry, Council Members McFarland,.Schafer, and Hall voting no. On motion by Mayor McFarland, seconded by Vice Mayor Schafer., the original decision to approve the Precise Plan of Alignment for Street "A", in con- nection with Specific Plan SP -78-0.2, was upheld by the following roll call vote: AYES: Council Members: McFarland, Schafer, Hertzog, Hall NOES: Council Members.: Raciti ABSENT: Council Members: None Proposal for The Acting City Manager presented the background on Exchange of the proposed trade of 700 square feet of City Park Land - property in Canyon Park, for 4,000 square feet of Hankins Hankins' property., The.recommendation is to allow the staff to continue working with Mr. Hankins with Canyon Park regard to title documents, legal descriptions, and certain releases prior to the actual exchange of deeds. Mrs. Hankins, 934 Evergreen P1ace,.Costa Mesa, was present and.agreed to this procedure. On motion by Councilman,Hall., seconded by Councilman Raciti, the City Attorney was authorized to continue negotiations on the exchange, based on memoranda, evaluations., and.surveys presented,'and also based on the findingthat it would be.beneficial_to the City of Costa Mesa and the citizens thereof, by the following roll call vote: AYES_: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Mesa -Verde A request for removal.of architectural.barriers at Library the Mesa Verde Library, was presented. The Housing and Community Development Committee has requested authorization to make structural changes to the Library, located at Mesa Verde Drive and Baker 0�'n Street, to make this facility accessible to the handicapped, with funding from the City's Federal Housing and Community Development Act grant. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, and carried, the City Manager was authorized to proceed with the design of the im- provements. Request for A request for rehearing from Syed A. Hussain, 11338 Rehearing - Grand Manan Drive, Cypress, of the Council's denial Hussain on October 16, 1978, of a dance permit at Cagney's, 2300 Harbor Boulevard, was presented. Tom Hood, Dance Permit attorney and authorized agent for Mr. Hussain, was at Cagney's present to answer questions with regard to the re- quest. Vice Mayor Schafer explained that the Denied application for rehearing -actually did not contain any new evidenceand that the basis for denial was not only the noise problem referred to in the appli- cation, but was also the incompatbility of the club and disco with.the shopping center. Councilman Raciti added that he was not opposed to the project, but to the location of the project. Mr. Hood,re- plied that the plans for the project do not include at this time the private club previously mentioned, and that because the business hours of Cagney's would not overlap those of the shopping center, the parking spaces could be utilized for both operations without interference. Since the item had previously been on the Consent Calendar, the applicant had no idea that these concerns would be discussed and was unable to respond to them with proper information. Charles Kalagian, 2321 College Park Drive, Costa Mesa, spoke in opposition to the traffic and noise problems he felt would be caused by a disco in the Harbor Shopping Center. Elvin Hutchison, 2281 Fordham Drive, Costa Mesa, mentioned that part of the available parking would be eliminated when the Edwards Cinema expands in the near future. On motion by Councilman Hall, seconded by Mayor McFar- land, to allow a rehearing based on the fact that further evidence is available, failed to carry with Council Members Schafer, Hertzog, and Raciti voting no. Syed M. Hussain, brother of the applicant, was present and spoke in support of a rehearing. Coun- cilwoman Hertzog made a motion, seconded by Vice Mayor Schafer, and carried, Councilman Hall voting no, denying the request for a rehearing. (See action taken later during Executive Session.) Councilmanic Councilman Raciti asked to have the Acting City Comments Manager look into the replacement of tennis court Lights at lights at TeWinkle Park and review the contract we TeWinkle Park presently have with them. - Traffic Commission Mayor McFarland mentioned that there is an impending Interviews vacancy on the Traffic Commission, applications have been received, and interviews must be arranged with- in a short period of time. Committee The Mayor also mentioned that a listing of the Coun- Appointments cil Committees was being distributed to re -arrange committee assignments to include Councilman Hall. Councilwoman Hertzog mentioned that one. committee had inadvertently been omitted and asked that she be appointed to the Region III Youth Service Coun- cil in Mary Smallwood's place. On motion by Vice Mayor Schafer, seconded by Councilman Raciti, and carried, the remaining committee assignments were approved as follows: Community Development Commit- tee: Hertzog, Raciti (Alternate); City/School Liaison: Hall, Hertzog; Fair Board: Raciti, Schafer; Inter -City Committee: Schafer, Hertzog; League of Cities: Hertzog, McFarland (Alternate); Redevelopment �4`0 Agency: Schafer -Chairman; Newport -Irvine Waste Man- agement Agency-- 'Hall, Raciti; Santa Ana River Flood .Agency: Ha -1-1- �Raciti; SCAG Executive Com- mittee: McFarland, Schafer (Alternate);.Transporta- tion Committee: Hall, McFarland; and Water District Liaison: Hall, Raciti. Orange County Mayor McFarland requested authorization for Council - Airport man Hall and himself to attend a hearing on November 15, 1978, in regard to an agreement that Supervisor Riley and two members of the Newport Beach City Council had,worked out regarding the Orange County Airport. He stated his opinion that the City should be represented to comment, if necessary. The Coun- cil concurred. Adjournment to At 10:45 p.m., the Mayor adjourned the meeting to an Executive Session Executive Session in the first floor Conference Room. Request for On the advice of the City Attorney, the Council recon - Rehearing - sidered the action taken previously in the meeting Hussain regarding the request for rehearing from Syed A. Hus- sain for a dance permit at Cagney's, 2300 Harbor Dance Permit Boulevard. On motion duly moved, seconded, and car- at Cagney's ried, this request was ordered returned to the Agenda of November 20, 1978, for Council decision to set the Returned to date for a public hearing. Next Agenda Knight, Bosley, On motion duly made, seconded, and carried, the Coun- and Humphries cil authorized the City Attorney to act on the follow - Litigations ing lawsuits: Knight vs. the City of Costa Mesa, to negotiate settlement as recommended by staff; Bosley vs. the City of Costa Mesa, to proceed pursuant to the staff recommendation contained in confidential letter; and City of Costa Mesa vs. Humphries, to authorize a final offer, and to further authorize the City Attorney to retain the services of a condemnation specialist for several projects, including Humphries. Adjournment The Mayor declared the meeting adjourned at 11:15 p.m. ayor of the City of Cd atMesa ATTEST: City Clerk of the City of Costa sa 1