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HomeMy WebLinkAbout12/04/1978 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA' December 4, 1978 The City Council of the City of Costa Mesa met in regular session on December 4, 1978, at 6:30 p.m. in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Alle- giance to the Flag, and Invocation by the Director of Planning. Roll Call Council Members Present: McFarland, Schafer, Raciti, Hertzog, Hall Council Members Absent: None Public Utilities Application before the Public Utilities Com - Commission mission.from Western Union Telegraph Company for an order authorizing it to revise certain intrastate rates and charges applicable to its Telex and Teletype -writer Exchange (TWX) services within the State of California. State -Mandated A resolution from the City of Carpinteria Costs Imposed on establishing its strong opposition to the Local Agencies State of California's concern for the impact of State -mandated costs. 1 Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services, City Clerk Minutes On motion by Councilwoman Hertzog, seconded by Coun- November 20, 1978 cilman Hall, and carried, the minutes of the regular meeting of November 20, 1978, were approved as dis- tributed and posted as there were no corrections. Ordinances A motion was made by Vice Mayor Schafer, seconded by Councilwoman Hertzog, and carried, to read all ordi- nances by title only. Traffic On motion by Councilman Hall, seconded by Vice Mayor Commission Schafer, and carried, Derald Hunt was appointed to Appointment the Traffic Commission, with a term to expire on June 30, 1980. CONSENT CALENDAR. The following item was removed "from the Consent Calendar: Item 1, Reading Folder Item 4, using animals for research. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, 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 Calendar, were received and processed: Claims The following claims were received by the City Clerk and no action was required: Edith M. Jensen; and Peter and Fouteen Amash. Public Utilities Application before the Public Utilities Com - Commission mission.from Western Union Telegraph Company for an order authorizing it to revise certain intrastate rates and charges applicable to its Telex and Teletype -writer Exchange (TWX) services within the State of California. State -Mandated A resolution from the City of Carpinteria Costs Imposed on establishing its strong opposition to the Local Agencies State of California's concern for the impact of State -mandated costs. 1 Business Permit Notice of Intention to Appeal or Solicit for Charitable Purpose from the National Foundation --March of Dimes, March of Dimes Orange County Chapter, 111 West Dyer Road, Suite 10-G, Santa Ana, for door-to-door and coin containers in cooperating businesses from January 1, 1979, through May 31, 1979, was approved. Set for Public The following items were set for public hearing on Hearing December 18, 1978, at 6:30 p.m., in the Council Chambers of City Hall: GP -78-3F General Plan Amendment GP -78-3F, Kenneth R. Fairgrounds Fulk, authorized agent for the 32nd District Agricultural Association, State of California, 88 Fair Drive, Costa Mesa, to amend the Cir- culation Element by removing Vanguard Way and Junipero Drive from the Master Plan of High- ways in the Orange County Fairgrounds. Environmental Determination: Negative Declaration. R-78-22 Rezone Petition R-78-22, Costa Mesa Planning Commission, for permission to prezone property located at 362 through 388 20th Street (even numbers), 369 through 375 Woodland Place (odd numbers), and 2015 through 2019 Tustin Avenue (odd numbers), from County R4 to City R1. Environmental Determination: Exempt. Agreement - On motion by Councilwoman Hertzog, seconded by Vice Port and Flor Mayor Schafer, an agreement with Port and Flor, In- corporated, 101 Continental Boulevard, Suite 890, E1 Segundo, for relocation assistance services for all City projects, was approved, 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, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Time Limit On motion by Councilwoman Hertzog, seconded by Vice Parking on Mayor Schafer, Resolution 78-113, being A RESOLUTION West 19th Street OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ESTABLISHING 24 -MINUTE PARKING ON PORTIONS Resolution 78-113 OF WEST'NINETEENTH STREET WEST OF PLACENTIA AVENUE, was' adopted 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 Councilwoman Hertzog, seconded by Vice of Parking'on Mayor Schafer, Resolution 78-114, being A RESOLUTION Bay Street OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, PROHIBITING PARKING ON TUESDAYS BETWEEN Resolution 78-114 9:00 A.M. AND 11:00 A.M. ON BAY STREET FOR THE PUR- - POSE 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 Relocation of On motion -by Councilwoman Hertzog, seconded by Vice Bus Stop on Mayor Schafer, Resolution 78-115, being A RESOLUTION Pomona Avenue OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, RELOCATING THE BUS STOP ON SOUTHBOUND POMONA Resolution 78-115 AVENUE AT VICTORIA STREET, was adopted by the fol- lowing roll call vote: W AYES: Council Members: NOES: Council Members: ABSENT: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall None None Further action was taken on this item later in the meeting. Bid Item 408A - Bids received for Bid Item 408A, two trucks, are on Two Trucks file in the Clerk's office. On motion by Council- woman Hertzog, seconded by Vice Mayor Schafer, the Awarded contract was awarded to,Beach City Chevrolet Com - Beach City pany, 3001 East Pacific Coast Highway, Long Beach, .Chevrolet in the amount of $10,000.00, 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 410 - Bids received for Bid Item 410, 50 pickup brooms Pickup Brooms for street sweepers, are on file in the Clerk's office. On motion by Councilwoman Hertzog, seconded Awarded by Vice Mayor Schafer, the contract was awarded to Old Dominion Old Dominion Brush Company, 2501 East Franklin Street, Brush Company Richmond, Virginia, in the amount of $7,950.00, being the lowest bid meeting specifications, by the follow- (8) Electrify Railroad Switching Yards; (9) Trip ing roll call vote: Reduction Program; (17) Increased Bicycle/Pedestrian AYES: Council Members: McFarland, Schafer, Signal Synchronization; (27) Voluntary Retirement Raciti, Hertzog, Hall NOES: Council Members: None (48) Los Angeles Downtown People Mover; and (49) Con- ABSENT: Council Members: None Stray Animals Item 4 of the Reading Folder, Item 1 of the Consent for Research Calendar, a resolution from the City of Westminster requesting the County of Orange to discontinue sell- ing or giving away stray animals for research purposes, was presented. Judy Stricker, 3001 Royal Palm Drive, Costa Mesa, requested the Council to support the Westminster resolution by adopting a similar resolution. The City Manager was directed End of to bring back a proposed resolution to the Council Consent Calendar in support of this request. Air Quality The Director of Planning gave the Council a short Management presentation regarding the imminent due date on the Plan Air Quality Management Plan. Mike Robinson of the Planning staff presented the background of the Plan, Held Over explained the changes recommended by the staff, and was available to answer any questions. Mayor McFar- land led the Council through a page -by -page review of, the AQMP Poll. The following items were discussed individually: (3) Modified Work Schedules; (4) Park- ing Management: Carpool Preferential Parking; (8) Electrify Railroad Switching Yards; (9) Trip Reduction Program; (17) Increased Bicycle/Pedestrian Facilities; (25) Rideshare Program; (26) Traffic Signal Synchronization; (27) Voluntary Retirement of Old Cars; (46) Freeway Facility Changes Support- ing High Occupancy Vehicles; (47) Wilshire Rail Line; (48) Los Angeles Downtown People Mover; and (49) Con- gestion Relief --Freeway Widenings. Item 1 on Page 4 of the Poll, Energy Conservation; Commercial Institu- tion and Industrial Audits, and Item 5 on Page 5 were also discussed separately. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the staff was directed to make two changes to the Report: taking exception to Item 17, shown above, 1 1 L I. _—.1- 1 5 and Item 1 on Page 4; to request that Items 46, 47, 48, and 49 be deleted from the Plan as inappropriately included; and to add a comment by Councilman Hall in support of discussions regarding nuclear generating plants. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, and carried, this items was re- ferred to the Study Session scheduled for January 8, 1979, and continued to the Council meeting of Janu- ary 15, 1979. R-78-19 On motion by Councilman Raciti, seconded by Council - Coast Community woman Hertzog, Ordinance 78-49, being AN ORDINANCE College District OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- NOES: Council Members: None FORNIA, CHANGING THE ZONING OF PORTIONS OF FAIRVIEW Ordinance 78-49 TRACT FROM I AND R TO CL, was given second reading Adopted and adopted by the following roll call vote: Relocation of AYES: Council Members: McFarland, Schafer, Costa Mesa Costa Mesa High -School, and briefly summarized the High School Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None R-78-20 On motion by Vice Mayor Schafer, seconded by Council - Coast Community woman Hertzog, Ordinance 78-50, being AN ORDINANCE OF College District THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF FAIRVIEW AND BAN - Ordinance 78-50 NING TRACTS FROM I AND R TO P, was given second reading Adopted and adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Vector Control On motion by Councilman Hall, seconded by Vice Mayor District Schafer, and carried, the appointment of Bill - Appointment Bandaruk to the Orange County Vector Control Dis- trict, originally made by the Council on August 21, 1978, was reaffirmed, with the term to expire on December 31, 1980. Warrant On motion by Councilwoman Hertzog, seconded by Coun- Resolution 1053 cilman Hall, Warrant Resolution 1053, including Payroll 7824, 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 Councilman Raciti, seconded by Mayor Resolution 1054 McFarland, Warrant Resolution 1054 was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Billboard The City Attorney reported on the progress of the Ordinance Metromedia suit against the City of San Diego, the outcome of which will ultimately affect our Bill- board Ordinance. Relocation of The City Manager presented a proposed relocation of Driveway at the student parking lot driveway on Fairview Road at Costa Mesa Costa Mesa High -School, and briefly summarized the High School background of this item. He explained that despite the Traffic Commission's recommendation that the Held Over City bear the entire cost of relocating the driveway, the staff recommendation is that the School District assume this responsibility. The Director of Planning referred to a diagram showing a proposed concept and gave the following estimate of expenses the City would incur: $13,000.00 to realign the median strip, $25,000.00 to rework the signal, and $8,000.00 for contingencies and administrative costs, for a total of $46,000.00. Raymond Schnierer, Business Manager for the Newport -Mesa Unified School District, was present and spoke in support of the Traffic Commis- sion's recommendation. The Mayor was absent briefly during this discussion. Bob Packer, Principal of Costa Mesa High School, was also present and stated that the community as a whole uses the facilities at the School, therefore, this becomes a City problem also. Marilee Bullard, 356 Villanova Road, Costa Mesa, spoke in support of the relocation of the driveway and further stated that the right-of-way granted to the City for/the widening of Fairview Road was given without fair value received by the School District. Bruce Bullard, 356 Villanova Road, Costa Mesa, stated that the signal synchronization as con- ceived five years ago has not been achieved. Vice Mayor Schafer commented that this should be discussed further before a decision is made. On motion by Coun- cilman Raciti, seconded by Councilwoman Hertzog, and carried, the City Manager was authorized to attend the City -School .Liaison Committee meeting on..December 6, 1978, to discuss this project with all parties involved, and to bring the results of that meeting back to the Council at the meeting of December 18, 1978. Further, the Public Services Department was requested to have a Traffic Engineer study the sig- nalization of the vicinity with a view toward alleviating some of the problems. Recess The Mayor declared a recess at 8:30 p.m. and the meeting was reconvened at 8:45 p.m. Public Hearing The Clerk announced that this was the time and place Dance Permit - set for the public hearing regarding the Council's Cagney's denial on October 16, 1978, of a dance permit at Cagney's, 2300 Harbor Boulevard, which was requested Denied by Syed A. Hussain, 11338 Grand Manan Drive, Cypress. The Affidavits of Publishing, Posting, and Mailing are on file in the Clerk's Office. Petitions have been received and the signatures thereon total 474 persons opposed, and 422 persons in favor. The Director of Planning compared the complaint records of similar businesses in the vicinity. Thomas Hood, attorney for the applicant, summarized the conces- sions that the owners are prepared to make. Ralph Sias, architect, 3611 Fairoaks Avenue, Los Alamitos, explained the acoustical details of the proposed disco, with emphasis on the sound buffering features. Sandy Sand, 2332 Fordham Drive, Costa Mesa, and Jim Harbeson, 345 Wake Forest Drive, Costa Mesa, spoke in opposition. Bob Carriker, manager of Harbor Center, -explained proposed precautions to be taken with regard to guard service expansion and traffic control, such as barriers to close off Wake Forest Drive after 9:00 p.m. Russell Jedinak, the owner of Harbor Center, commented on the safeguards he will insist upon to insure the proper performance of business at the Center. Don Wade, 2815 College Drive, Costa Mesa, Edward Baume, 263 Bowling Green Drive, Costa Mesa; William Marcoe, 2358 Harbor Boulevard, Costa Mesa; Marilyn Jordan, 2320 Fordham Drive, Costa Mesa: Tamar Goldmann, 2324 College Drive, Costa Mesa; Bill Banda- ruk, 2448 Andover Place, Costa Mesa; and A. W. Alexander, 2350 College Drive, Costa Mesa, spoke in opposition. Carol Harms, 1028 Valencia Drive, Costa Mesa; Joe Buscaino, 2991 Grace Lane, Costa Mesa; and Jim Harley, 7811 Schaefer Circle, Huntington Beach, spoke in support. Christopher Blank, 2076 Phalarope 1 Court, Costa Mesa, spoke from the floor. Mr. Jedinak assured the homeowners that their fears of increased traffic would be eliminated by his having a mechani- cal arm installed to block the Wake Forest Drive entrance to the shopping center. College Park home- owners would be given an access card to operate the mechanical arm. There being no other speakers, the Mayor closed the public hearing. A motion was made by Mayor McFarland, seconded by Councilman Hall, to approve the dance permit but it failed to carry, Council Members Schafer, Hertzog, and Raciti voting no. On further motion by Councilman Raciti, seconded by Vice Mayor Schafer, and carried, Mayor McFarland voting no, the request was denied. Recess The Mayor declared a recess at 10:30 p.m., and the meeting reconvened at 10:40 p.m. Sidewalks for Mrs. Patricia Platte, 360 Victoria Street, Costa Victoria Street Mesa, addressed the Council regarding the possibil- ity of constructing sidewalks on Victoria Street. She stated that the street has become difficult for pedestrians -to use because of construction and other hazards. The Director of Public Services was requested to look into the situation and report back to the Council. Public Hearing The Clerk announced that this was the time and place Planned set for the public hearing to consider a proposed Development ordinance amending the standards and processing re - Districts quirements of the Planned Development Districts. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Director of Planning gave a brief summary of the back- ground of this item and explained some of the changes being incorporated. There being no speakers, the Mayor closed the public hearing. On motion by Coun- cilman Hall, seconded by Councilwoman Hertzog, the Negative Declaration of Environmental Impact was Ordinance 78-51 adopted, and Ordinance 78-51, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, AMENDING THE STANDARDS AND PROCESSING REQUIREMENTS OF THE PLANNED DEVELOPMENT DISTRICTS, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place GP -78-3B set for the public hearing for General Plan Amend- Adkinson/Cagney ment GP -78-3B, Don R. Adkinson, authorized agent for William J. Cagney, in care of Don R. Adkinson, 550 Held Over Newport Center,Drive, Suite 800, Newport Beach, to amend the General Plan designation from Low Density Residential to Medium Density Residential for property located at the northeast corner of Bear Street and Paularino Avenue. Environmental Deter- mination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. A letter has been received from the applicant request- ing that this item be continued until the meeting of January 15, 1979. On motion by Councilman Raciti, seconded by Mayor McFarland, and carried, this item was continued as requested. Public Hearing The Clerk announced that this was the time and place GP -78-3C set for the publ.ic hearing for General Plan Amend- Adkinson/Cagney ment GP -78-3C, Don R. Adkinson, authorized agent for Request to The Clerk presented a request from James L. Harper, Appeal - Harper 120 Industrial Way, Costa Mesa, to appeal the Plan- ZE-78-171 Commission's denial of Zone Exception ZE-78-171, for a Variance for reduction in parking to legalize an Hearing Set existing beer bar, located with the Redevelopment 1 1 1 William J. Cagney, in care of Don R. Adkinson, 550 Held Over Newport Center Drive, Suite 800, Newport Beach, to amend the General Plan designation from Low Density Residential to Neighborhood Commercial, for property located at the northeast corner of Bear Street and Paularino Avenue. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. A letter has been received from the applicant requesting that this item be continued until the meeting of January 15, 1979. On motion by Councilman Raciti, seconded by Mayor McFarland, and carried, this item was contin- ued as requested. Public Hearing The Clerk announced that this was the time and place R-78-21 set for the public hearing on Rezone Petition R-78-21, Jordan/Hamer Willard T. Jordan, authorized agent for Richard E. Hamer, 1700 East Dyer Road, Suite 250, Santa, for per - Held Over mission to rezone property located at 540 Bernard Street 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 Director of Planning ex- plained the background of this rezone petition and gave the recommendation of the Planning Commission and staff to deny this request. Willard T. Jordan was present to answer any questions regarding the rezone. Discussion followed regarding the benefits that could be obtained by utilizing the concept of lot combination for parcels that are very deep, but narrow. Richard Hamer stated that the owner of.the property to the west has just built a single-family home on the parcel and has no plans to develop his property further. The owners to the east are not receptive to multiple units on their land. There being no other speakers, the Mayor closed the public hearing. A motion was made by Councilman Raciti, seconded by Councilman Hall, to grant R3 zoning. It was stated that if this parcel were rezoned to R3, it would automatically rezone the parcels on either side because lot combination would then be impossible, and that the Council would not be receptive to such action. On a substitute motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, this item was con- tinued to the meeting of December 18, 1978, to allow the applicant time to explore further possibilities for lot combination. Fair Market The Director of Planning stated that at the Council's Value of Study Session of November 13, 1978, staff presented a Park Land report that a new appraisal had been done on all the park land in the City and higher fees should be im- posed on new developers. On motion by Councilman Resolution 78-116 Hall, seconded by Councilman Raciti, Resolution 78- 116, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, -CALIFORNIA, FINDING AND DETER- MINING THE AVERAGE FAIR MARKET VALUE OF PARK LAND WITHIN THE CITY, was adopted, providing that the new fee structure would not go into effect until January 3, 1979, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Request to The Clerk presented a request from James L. Harper, Appeal - Harper 120 Industrial Way, Costa Mesa, to appeal the Plan- ZE-78-171 Commission's denial of Zone Exception ZE-78-171, for a Variance for reduction in parking to legalize an Hearing Set existing beer bar, located with the Redevelopment 1 1 1 Area. On motion by Mayor McFarland, seconded by Vice Mayor Schafer, and carried, the request was granted and the public hearing set for December 18, 1978, at 6:30 p.m., in the Council Chambers of City Hall. 208 Waste The Assistant to the City Manager stated that the Treatment comments from the City Council must be sent to the Management Southern California Association of Governments (SCAG) (SCAG) by December 15, 1978. He commented that the staff has recommended two major changes to the Plan: (1) There are many instances in the Plan where no cost factors are given and these should be provided; and (2) Many items were not detailed as to their sig- nificance or impact on water quality. On motion by Councilman Raciti, seconded by Vice Mayor Schafer, Resolution 78-117 Resolution 78-117, being -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUB- MITTING COMMENTS TO AND REQUESTING THE SOUTHERN CALIFORNIA -ASSOCIATION OF GOVERNMENTS TO REDRAFT AND TO RESUBMIT THE REVISED 208 AREAWIDE WASTE TREATMENT MANAGEMENT PLAN TO AFFECTED AGENCIES, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Oral Donald R. Ward, 380 West Wilson Street, Costa Mesa, Communications read a letter to the Council regarding their denial R-78-18 - Ward of his application for Rezone Petition R-78-18. Relocation of Bob Lancaster, 707 Victoria Street, Costa Mesa, was Bus Stop on not present earlier when the Council approved the Pomona Avenue relocation of a bus stop on southbound Pomona Ave- nue at Victoria Street. He explained the diffi- Referred Back culties he would encounter at that corner should to the Traffic the bus stop be relocated. On motion by Mayor Commission McFarland, seconded by Councilwoman Hertzog, and carried, this item was referred back to the Traffic Commission. Councilmanic Mayor McFarland mentioned that he had received a Comments letter from Supervisor Riley regarding the policy resolution for the Orange County Airport. He re - Orange County quested that the other Council Members submit Airport their comments to him by December 11, 1978, so that he might respond promptly. Bluffs Area Councilman Hall expressed his concern regarding the Industrial industrial developments occurring in the bluffs Development area and hi.s desire to explore the possibilities of rezoning the entire area to residential development. Adjournment The Mayor adjourned the meeting at 12:30 a.m. J ayor of the Cit &'of C sta sa ATTEST: City Cl-erk of the City of Costa sa