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HomeMy WebLinkAbout12/18/1978 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 18, 1978 The City Council of the City of Costa Mesa met in regular session on December 18, 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 Chaplain William R. Parry, Hoag Memorial Hospital, Presby- terian. Roll Call Council Members Present: McFarland, Schafer, Raciti, Hertzog, Hall Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Direc- tor of Public Services, City Clerk Minutes . On motion by Vice Mayor Schafer, seconded by Council - December 4, 1978 man Hall, and carried, the minutes of the regular meeting of December 4, 1978, were approved as distrib- uted and posted as there were no corrections. HCDA Committee On motion by Councilwoman Hertzog, seconded by Council - Appointments man Raciti, and carried, Mrs. Jean Forbath, Mrs. Joan Margol, Ms.''Diana Milroy, and Paul Raver were reap- pointed to the Housing and Community Development Committee, with terms, to expire January 1, 1981. The City Manager was requested to notify the newspapers that one additional opening on the Committee, and one vacancy for a citizen alternate to the Committee are still available. Presentation to Mayor McFarland presented a scroll to Mrs. Mildred Mildred Mathews Mathews and expressed the City's appreciation for her 18 years of service on the Traffic Commission. Ordinances A motion was made by Councilman Hall, seconded by Councilwoman Hertzog, and carried, to read all ordinances by title only. CONSENT CALENDAR. The following items were removed from the Consent Calendar to be discussed further at a later date: Item 13, Completion of contract for the construction of Canyon Storm Drain; and Item 19, Agreement - Declaration of Land Use Restriction - C. J. Segerstrom & Sons, in connection with Zone Exception ZE-78-16. 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 Stray Animals On motion by,Vice Mayor Schafer, seconded by Council - for. Research woman-Hertzog, Resolution 78-118, being A RESOLUTION OF THE.CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Resolution 78-118 FORNIA, REQUESTING THE COUNTY OF ORANGE TO DISCONTINUE SELLING OR GIVING AWAY ANIMALS FOR RESEARCH PURPOSES, was adopted 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: Public Utilitie.s Application before the Public Utilities Commis - Commission sion from Southern California Edison Company, for authority to increase its base rates to recover increased expenditures made towards the development, purchase, and testing of advanced energy conservation metering equipment. Sign Ordinance A letter from Mr. Del C. Taylor of the Los Angeles�Times regarding the City's Sign Ordinance. State -Licensed Resolutions from the cities of Anaheim and Constractors Buena Park requesting the California State Legislature to strengthen regulations for State -licensed swimming pool and home im- provement contractors. R-78-24 Rezone Petition R-78-24, Costa Mesa City Council, for permission to rezone property located to the east and west of Pacific Avenue and Canyon Drive, SCAG Membership A resolution from the City of Stanton with - Withdrawal drawing as a member of the Southern California Association of Governments (SCAG). State -Mandated A resolution from the City of Anaheim, estab- Costs Imposed on lishing its strong opposition to the lack of Local Agencies the State's concern for the impact of State - mandated costs on local agencies. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by the Planning Licenses Department from: Pablo Valentin Corzo and V-ivia Dianne Corzo, 103 Santa Isabel Avenue; Joe Keung and Peter Kam Kwok Yu, doing business as.Golden Garden, 1505 Mesa Verde Drive; Jose Navarro Gomez, doing business as Guadalajara Restaurant, 665 Paularino Avenue; Gerald D. End - Reading Millsap, doing business as The Road's End, Folder 1830 Newport Boulevard. Business Permit Notice of Intention to Appeal or Solicit for Charitable Purpose from Keynote Auxiliary of Harbor Key of the Keynote Child Guidance Center of Orange County, 807 West 19th Auxiliary Street Costa Mesa, for posters in store windows, at Christmas tree lots, via newspapers, and for Christ- mas tree pickups scheduled for January 6 and 7, 1979, from December 10, 1978, through January 31, 1979, was approved. Set for Public The following items were set for public hearing on Hearing January 2, 1979, at 6:30 -p.m.; in the Council Chambers of City Hall: GP -78-3G General Plan Amendment GP -78-3G, Costa Mesa City Council, for permission to amend the Master Plan of Bikeways to redesignate bikeways along Fair Drive, Fairview Road, and Arlington Drive from bike lanes to bike trails and to realign the proposed bike trail along the extension of Junipero Drive in the Orange County Fairgrounds vicinity. Environmental Determination: Nega- tive Declaration. R-78-24 Rezone Petition R-78-24, Costa Mesa City Council, for permission to rezone property located to the east and west of Pacific Avenue and Canyon Drive, 67-2 12 __._ . Change Order On motion by Vice Mayor Schafer, seconded by Council - No. 1 - 17th woman Hertzog, Change Order No. 1 in connection with Street Storm construction of the 17th Street Storm Drain, in the Drain amount of $15,000.00, to perform required sewer later- al reconstruction for existing property services, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members:, None ABSENT: Council Members: None Final Map and north of Victoria Street, from County R4 to City Agreement for R2. Environmental Determination: Negative Tract 10277 - Declaration. Claim - Krautkramer On motion by Vice -Mayor Schafer, seconded by Council- ment woman Hertzog, and carried, the claim of Wallace Denied Krautkramer was denied. Street Striping On motion by Vice Mayor Schafer, seconded by Council - Agreement - City woman Hertzog, an agreement between the City of Costa of Fountain Mesa and the City of Fountain Valley to extend the Valley present contract for an additional 18 months, with a new expiration date June 30, 1980, for striping of streets in Fountain Valley, 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 Final Map for On motion by Vice Mayor Schafer, seconded by Council - Tract 10301 - woman Hertzog, Final Map for Tract 10301, The Janes The Janes Company Company, developer, 17032 Skypark Boulevard, Suite D, Irvine; 1 lot, 0.54 acres for condominium purposes, located at 2267 Pacific Avenue, was approved; the Council did approve subject map pursuant to the pro- visions of Section 66436(c)(1) of the Subdivision Map Act, and the Clerk was authorized to sign said map'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 Change Order On motion by Vice Mayor Schafer, seconded by Council - No. 1 - 17th woman Hertzog, Change Order No. 1 in connection with Street Storm construction of the 17th Street Storm Drain, in the Drain amount of $15,000.00, to perform required sewer later- al reconstruction for existing property services, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members:, None ABSENT: Council Members: None Final Map and On motion by Vice Mayor Schafer, seconded by Council - Agreement for woman Hertzog, Final Map and Subdivision Agreement for Tract 10277 - Tract 10277, McLain Development Company, developer, McLain Develop- 1470 Jamboree Road, Newport Beach; 61 lots and Lots A, ment B, C, D, and E, 26.58 acres, located at Fairview Road and South Coast Drive, were approved; the Council did accept on behalf of the public the offer of dedica- tion of South Coast Drive, Wimbledon Way, Danielle Drive, and Fairview Road for street purposes; did also accept on behalf of the City the following dedi- cations: (1) all vehicular access rights to South Coast Drive and Fairview Road except at street inter- sections; (2),Lot D, in fee simple, for park purposes; (3) a three-foot wide non-exclusive easement over Lots 1 through 61 for public utility purposes; (4) a non= exclusive easement for emergency and public security ingress and egress and public utility purposes over Lot E (private street); (5) a 10 -foot wide easement for storm drain purposes over Lot 38 and Lot A; (6) a 15 -foot wide non-exclusive easement for pedes- trian purposes; did also approve said map pursuant to the provisions of Section 66436(c)(1) of the Subdivi- sion Map Act, and the Mayor and Clerk were authorized to sign said documents on behalf of the City, by the following roll call vote: 1 1 AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Final Map and On motion by Vice Mayor Schafer, seconded by Council - Agreement for woman Hertzog, Final Map and Subdivision Agreement for Tract 10276 - Tract 10276, McLain Development Company, developer, McLain Develop- 1470 Jamboree Road, Newport Beach; 8 lots, 1.47 acres, ment located at Fairview Road and South Coast Drive, were approved; the Council did accept on behalf of the public the offer of dedication of Wimbledon Way and Salinas Avenue for street purposes; did also accept on behalf of the City the dedication of a three-foot wide non-exclusive easement over Lots 1 through 8 for public utility purposes; did also approve said map pursuant to the provisions of Section 66436(c)(1) of the Subdivision Map Act, and the Mayor and Clerk were authorized to sign said documents 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 Final Map and On motion by Vice Mayor Schafer, seconded by Council - Agreement for woman Hertzog, Final Map and Subdivision Agreement for Tract 10445 *- Tract 10445, Biddle Development Company, developer, Biddle Develop- 3848 Campus Drive, Newport Beach; 115 lots for condo- ment minium purposes, 11.84 acres, located on the north side of Baker Street between Babb Street and Bear Street, were approved; the Council did accept on be- half of the public the dedication of Babb and Baker Streets for street purposes; did also accept on behalf of the City: (1) all vehicular access rights to Baker Street and Bear Street as dedicated; (2) the easement for storm drain purposes as dedicated; did also approve subject map pursuant to the provisions of Section 66436(c)(1) of the Subdivision Map Act, and the Mayor and Clerk were authorized to sign said documents 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 1979-80 On motion by Vice Mayor Schafer, seconded by Council- AHFP Project woman Hertzog, Resolution 78-119, being A RESOLUTION Submittals OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE Resolution 78-119 WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE 17th Street DEVELOPMENT OF SEVENTEENTH STREET, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None On motion by Vice Mayor Schafer, seconded by Council - Resolution 78-120 woman Hertzog, Resolution 78-120, being A RESOLUTION 19th Street OF THE CITY COUNCIL OF'THE CITY OF COSTA MESA, CALI- FORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF NINETEENTH STREET, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None On.motion by Vice Mayor Schafer, seconded by Council - Resolution 78-121 woman Hertzog, Resolution 78-121, being A RESOLUTION Del Mar Avenue OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF DEL MAR AVENUE, wa adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Conference On motion by Vice Mayor Schafer, seconded by Council - Advance woman Hertzog, a Conference Expense Advance for a police officer to attend the Economic Crime Training Center in Sacramento, from January 28 to February 9, 1979, in the amount of $480.00, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Conference On motion by Vice Mayor Schafer, seconded by Council - Advance woman Hertzog, a Conference Expense Advance for a police officer to attend the 57th Juvenile Law Enforce- ment Training Course in Sacramento, from January 21 to January 26, 1979, in the amount of $315.00, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Extension of On motion by Vice Mayor Schafer, seconded by Council - Bid Item 156 woman Hertzog, the extension of Purchase Order 99-167, Uniforms Bid Item 156, for the furnishing of rental uniforms, towels, and dust control items from Prudential Overall Supply Company, at no increase in prices, was approved by the followingroll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Litter On motion by Vice Mayor Schafer, seconded by Council - Program woman Hertzog, Resolution 78-122, being A RESOLUTION OF THE .CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Resolution 78-122 FORNIA, APPROVING THE LITTER CLEAN-UP AND LITTER ENFORCEMENT PROGRAM ENACTED BY SENATE BILL 650, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall End of NOES: Council Members: None Consent Calendar ABSENT: Council Members: None Appraisal of The City Manager reported on the background of the Mardan Property appraisal of City -owned property at 695 West 19th Street, Mardan Center. At the request of the Council, several appraisal firms were contacted to study this site. The final appraisals ranged from $480,000.00 to $530,000.00, depending upon the ultimate mode of sale. The Mardan Center of Educational Therapy, which has leased the site from the City for 11 years, has agreed with the appraisal and has offered to purchase the property at fair market value. Faye Wilson, 2924 Pemba Drive, Costa Mesa, President of the Mardan Board of Trustees, described the Mardan program to the Council and spoke in support of the proposed sale. The fol- lowing people also spoke in support of the proposed 1 1 sale: Donald Smallwood, 1981 Kornat Drive, Costa Mesa; Robert Shelton, 695 West 19th Street, Costa Mesa; Ann Mound,_:3128 Country Club Lane, Costa Mesa; Marjorie Weed,'As.sessment Treatment Services Center; Richard Miller, -2922 Ellesmere Avenue, Costa Mesa; Alvin Pink - ley, 1833 Fullerton Avenue, Costa Mesa; Eloise Kloke, 31805 Ortega Highway, Lake Elsinore; Phil Gazzo, 175 Cabrillo Avenue; Costa Mesa; and Gene Bergeron, 2885 Europa Drive, Costa Mesa. Jerry Myslinski, 1880 Park- view Circle, Costa Mesa; Pat Dolan, 923 West 20th Street, Dave Salcido, 989 Arbor Street; Carlos Young; John Moran, 9738 Park Street, Costa Mesa; and Don Bull, 397 Princeton Drive, Costa Mesa, who suggested that the Mardan School research the possibilities of pur- chasing a to -be -abandoned school property, all spoke in opposition to the proposed sale. Faye Wilson pointed out that the present location offers many advantages unavailable in a current school building: it is one-story;, it has enough land mass to customize classroom space; it has a large parking area; and it has existing bus transportation at its door. Mayor McFarland stated that the City could be protected in such a sale by making stipulations in the contract, and that he saw no inequities in the appraisal itself. Councilman-Raciti asked that the following remarks be read verbatim into the minutes: "I would like to make the following comments for the record and request that the City Clerk prepare a verbatim transcript of my remarks for inclusion in the minutes. I make this request because in the event that a taxpayer files suit against the City, I want my position to be clearly reflected in the minutes. "As you know, I have consistently opposed a negoti- ated sale of this property to Mardan School without allowing other interested parties to submit bids on the property. "Despite the criticism that I have received for tak- ing the position that we should follow sound business practice by going to public sale of this property, I want it clearly understood that I am not an opponent of Mardan School. No one in this community has a higher regard for the school and the fine work that it,has accomplished than I do. And I've been in- volved in this community for 21 years, and I don't mean just home, just going place to place serving wherever I can. "However, I took on a commitment when I became a Councilman to represent all of the people of Costa Mesa. As a part of that commitment I feel obligated to protect the financial integrity of the City. The property occupied by Mardan School is a valuable asset and it will become even more valuable in the future. This City cannot afford the luxury of sub- sidizing Mardan School when we are faced with declining revenues and the prospect of having to cut back municipal services. If we're not careful, very soon we'll have to go to City sales tax or City in- come tax. "Let me tell you a little something here. Our City Attorney, in a written opinion dated July 25, 1978, explained that.the City could dispose of this property through a public bid procedure and suggested that this would probably bring the greatest return to the City. The -City Attorney also pointed out that a negotiated sale would expose the City to a greater risk of liability in a taxpayer's suit than would a public sale. Public sale, that's what it's all about. The whole thing. Nobody's against any children. No one's'%against anybody. Public sale, when we buy, we buy three bids; when we sell, a private sale. "There are several things that bother me about the way this sale has been handled. And I'm looking each and -every one of you in the eye so I'm going to be able to walk the streets of Costa Mesa and say to each and every one of you I'm not going to walk across the street and try to avoid anybody. "First: --Why did the chief lobbyist for the Irvine Company become involved in trying to push this sale through the City Council? It's a question! And I know the gentleman in question is here and I at- tended a seminar on public relations in San Diego and I have the highest esteem for this gentleman. "Second: Why hasn't Mrs. Schafer disqualified her- self from participating in this matter? That's a fair question! Are you against Mrs. Schafer? No. I'd like to have these things known. As a former member of the Board of Trustees of Mardan School, how can she be objective in voting on this sale? If it is important to avoid the appearance of a conflict of interest, and I think it is, Mrs. Schafer should abstain. "Third: Why was there such a large discrepancy between the two appraisals of the property? The first appraisal dated January 13, 1978, estimated the value at $380,000.00. The second appraisal, after my insistance (I insisted that we have a second one, a second appraisal), dated October 28, 1978, estimated the value at $490,000.00. That represents an increase of over $100,000.00 or more than 25 percent in less than a year. In other words, the property went up $100,000.00 and that's something I do not understand. Neither appraisal considered what effect a change in zoning on the property from commercial to multiple residential would have on its value. A reasonable guess is that a rezoning would increase the value several hundred thousand dollars. There are professional people right here in the room in the real estate business that would tell you that. There are 3,000 out there who could tell you the same thing. I do not have confidence in either appraisal. The only valid test of the market value is what in- vestors are willing to pay'for the property and the only way to find that out is through a public sale. Simple as that! "If Mardan School came to the City Council and asked for a donation of two or three hundred thou- sand dollars, what answer would this Council give? In effect, if you vote to approve this sale, you will, be making a gift of public funds to Mardan School. "I predict that if the Council approves this sale without public bidding, it will come back to haunt us or some future Council. "The City Attorney has tried to warn us about the legal problems both in his opinion dated July 25, 19783 (and he ha.s done a hell of a job - my attorney told me that), and in a confidential opinion dated July 27, 1978, (that's the confiden- tial opinion that the City Attorney gave to the n Council), which has not been made public. In that opinion the City Attorney recommends that if the Council decides to sell the property to Mardan it should place a deed restriction on the property that restricts the buyer's use to school purposes. Now before I get to this part here, I have a, I don't want to see Arlene Schafer out, but we're talking about a conflict of interest in the sale of the property. I'd like to also state that Mrs. Hertzog, whose campaign finance person, Faye Wilson is the President of Mardan School Board of Trustees. Was I right or wrong? I. would like to quote a part of the opinion to show why the City Attorney made this recommendation: 'We may assume that years from now that area of town may be developed with 'high rise' struc- tures. When that occurs land values become astronomical and worthy of lengthy law suits. Our future City Council (and City Attorneys) would be glad to have the strongest type of restriction available.' "In closing, I would like to hear the answers to the following questions: (1) Why are my fellow Council- men about to disregard our City Attorney's advice? (2) Why shouldn't the taxpayers of the City benefit from the tremendous increase in value of this property which would come about if the property were rezoned for multiple residential use? "With that I can tell you some people say these kids are better off in that location. I say no. There's smoke, noise, dust, pollution of all kinds. What's wrong with a place like Canyon Street School? That's the ideal place. That to me would be a tremendous place to place them. I don't want to see them in the industrial district or perhaps in a business area the way this is, but in a beautiful, beautiful location and I perhaps have the interest at heart of the children more than some people like to give me credit. So at this time I release my words. Thank you." Councilwoman Hertzog pointed out that a nonprofit cor- poration cannot go out to bid. They must raise funds to meet fixed price. If they are unable to do so, then the property goes out to bid. She also stated that Faye Wilson was a part of her campaign for the Council because she is not only a Certified Public Accountant, but also a long time acquaintance. Vice Mayor Schafer responded to Councilman Raciti by stating that after election to the Council she began resigning from the 20 organizations with which she had been affiliated. Also,.she had asked the advice of the City Attorney regarding her former involvement with Mardan School, and it was his opinion that there was no conflict of interest on her part. Councilman Hall stated that he would like to see the City get the maximum assessed value of $520,000.00. A motion was made by Councilman Hall, seconded by Vice Mayor Schafer, to direct the City Attorney and City Manager to enter into negotia- tions with Marden School for a negotiated sale of this property based on the appraisal as`submitted on Octo- ber 28, 1978; based on the findings in the City Attorney's legal opinion No. 78-21 dated July 25, 1978; on the fact"that this is a sale of surplus property, for the common benefit of the public; that it be a restrictive sale (fee simple determinable); that it is not below appraised valuation; that all procedural re- quirements have been complied with as to execution of contracts and deeds; that escrow is to close six months after final approval of the sale by the Council, and that said negotiations be brought back to the Council on January 15, 1979. The motion carried, Councilman Raciti voting no. Recess The Mayor declared a recess at 8:45 p.m., and the meeting reconvened at 9:00 p.m. Planned Develop- On motion by Councilman Hall, seconded by Mayor McFar- ment Districts land, Ordinance 78-51, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMEND - Ordinance 78-51 ING THE STANDARDS AND PROCESSING REQUIREMENTS OF THE Adopted PLANNED DEVELOPMENT DISTRICTS, was given second read- ing and adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Modification of The City Manager gave a brief statement on the back - Signal at Costa ground of.the Fairview Road signal modification at Mesa High Costa Mesa.High School. As directed by the Council, School he attended a meeting with two representatives of the Presbyterian Church to ascertain the Church's willing- ness to close off their present access to Fairview Road and utilize a proposed common driveway with Costa Mesa High School. It was determined at that meeting that the Church does not wish to lose their present accdss. The original estimate has been refined and the cost to the City is now shown as $74,537.00. Therefore, the City Manager recommended that Council choose either to: (1) prohibit left turns into and out of the north student parking lot during school hours; or (2) prohibit left turns out of the north student parking lot during school hours. A motion was made by Councilwoman Hertzog, seconded by Mayor McFarland, to prohibit left turns out of the north parking lot for six months as a trial period. On a substitute motion by Councilman Hall, seconded by Councilman Raciti, and carried, Vice Mayor Schafer voting no, to adopt Alternate No. 1, left turns into and out of the north student parking lot will be pro- hibited for a six-month period. Demand to Process A letter of demand has been received from Leonard A. Final Map -of Hampel, on behalf of Arnel Development Company, to Tract 9936 - process the Final Map of Tract 9936, which was the Arnel subject of the Initiative Ordinance. On motion by Councilman Raciti, seconded by Councilman Hall, and Held Over carried, this demand was referred to the City Attorney for review, and will be brought back to the Council on January 15, 1979. Sign Ordinance The Costa Mesa Chamber of Commerce presented a resolu- tion at the Council Study Session of December 11, 1978, calling for strict enforcement of the Sign Ordinance. Councilwoman Hertzog reported that she had information about a Palo Alto couple who specialize in conducting seminars on signage throughout the State. She suggested that we invite Mr. and Mrs. Clause to pre- sent their impartial seminar here. The cost would be under $500.00 for a day -long presentation with a no -host lunch.which could be attended by the business community and public as well. Frank Bianchini, 2950 Harbor Boule- vard, Costa Mesa, Chairman of the Chamber of Commerce Sign Committee, spoke in support of the suggestion, but urged the Council to continue the strict enforcement of the present Ordinance. Verlyn Marth, 3197 Cape Verde Place, Costa Mesa; and Dave Salcido, 989 Arbor Street, 1 i C 20, Costa Mesa; spoke in opposition. On motion by Council- woman Hertzog, seconded by Vice Mayor Schafer, and carried, the City Manager was directed to contact the Drs. Clause and give them several dates that would be available for them to present their seminar, final date and location to be selected with the concurrence of the Chamber of Commerce. Canyon Park The Council received a request from Patrick Dolan, 923 Land Exchange - Hanki-ns West 20th Street, Costa Mesa, for discussion concern- ing action taken on November 6, 1978, regarding park land exchange in Canyon Park. Mr. Dolan was present to explain his request further. He asked that'Council reconsider their authorization to continue negotiations on the exchange,of 700 square feet of City property for 4,000 square feet of property belonging to the Hankins family. Councilman Hall observed that this seemed to be a neighborhood dispute and the City should not be involved. The­.Gity Attorney stated that the grounds for rehearing must show that new evidence is being sub- Redevelopment mitted to justify that rehearing. A motion made by Agency Line Councilman Raciti, seconded by Councilman Hall, to of Credit allow a rehearing, failed to carry, Council Members McFarland, Schafer, Hertzog, and Hall voting no. Warrant On motion by Councilwoman Hertzog, seconded by Vice Resolution 1055 Mayor Schafer, Warrant'Resolution 1055, including Pay- roll 7825, 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 The City Attorney reported that the City has been Litigation granted a preliminary injunction against Sunshine Studio prohibiting nude photographic sessions, but that it does not prohibit nude rap sessions. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, -the City Attorney was author- ized to pursue this matter further at the Appellate level. Mattson vs. The City Attorney reported that the Federal Court had Poling granted attorney's fees in the case of Mattson vs. Poling, and had held that this was a frivolous case, but the plaintiff has revived a State Court suit alleging wrongful arrest. Pending The City Attorney requested that an Executive Session Condemnation be held to discuss condemnation cases now pending. Cases Mayor McFarland scheduled the Executive Session for directly after the Council meeting. Redevelopment The City Manager explained the necessity for reinsti- Agency Loans tuting two loans for a paper transfer from the City to the Redevelopment Agency: one in the amount of $536,638:97 and one for $269,343.46, both to mature July 1, 1979. On motion by Councilman Hall, seconded by Vice Mayor Schafer, both loans were approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Redevelopment The City Manager explained the necessity for granting Agency Line the Redevelopment Agency a line of credit amounting of Credit to two million dollars, to expire on July 1, 1982. These funds would permit the. Agency to begin purchas- ing property. The Director of Finance was present to give the Council the results of a study performed to determine the prevailing rates of interest charged to agencies within the City. On motion by Councilman Ha11, seconded by.Vice Mayor Schafer, a line of credit in the amount of two million dollars, to expire on July 1, 1982, with variable interest rates computed quarterly based on the average inter- est rates earned by the City during that period, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: .None Fifth Year The City Manager presented the background regarding HCDA Block the fifth year Community Development block grant Grant application. Jerry Vandewalle, 2810 San Juan Lane, Costa Mesa, representing the Housing and Community Development Committee,.was present to answer ques- tions from the Council. After discussion regarding specific provisions, a motion was made by Vice Mayor Schafer, seconded by Councilwoman Hertzog, and car- ried to approve the block grant application. Public Hearing The Clerk announced that this was the time and place ZE-78-171 set for the public hearing to appeal the Planning Harper Commission's denial of Zone Exception ZE-78-171, James L. Harper, 1724 Newport Boulevard, Costa Mesa, for a Variance for reduction in parking to legalize an existing beer bar, located at the above address, in a Cl zone, and within the Redevelopment Area. Environmental Determination: Exempt. The Affidavits of Publishing, Posting, and Mailing are on file in the Clerk's office. Council has received three copies of parking agreements submitted by Mr. Harper. The Director of Planning explained the background of this request and stated that based on the square footage of the subject business, 24 parking spaces would be required, while only 8 are presently avail- able. Mr. Harper, 2928 Redwood Avenue, Costa Mesa, explained that several companies immediately adjacent to hi -s business have agreed to provide him with 24 additional parking spaces after their usual business hours, and therefore, 36 spaces would be available to his patrons. He further stated that in the 2-1/2 years he has been in business at this location, no parking problems have been encountered. George McClure, 1101 Dove Street, Newport Beach, counsel for Mr. Harper, assured the Council that the applicant has the full cooperation of the businesses in the area. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the, request was approved for one year, based on the findings that there have been no complaints on the property; that it is not detrimental to the public safety, health, and welfare; and that it is subject to the condition that satisfactory documentation regarding the avail- ability of parking spaces will be submitted to the City Attorney by January 15, 1979. Public Hearing The Clerk announced that this was the time and place Revocation of set for the public hearing, continued from the meet- ZE-77-49 ing of October 16, 1978, to consider the revocation Harper of Zone Exception ZE-77-49, James L. Harper, 120 Industrial -Way, Costa Mesa, for a Conditional Use Permit on property located at 1724-34 Newport Boule- vard. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the permit was revoked. 1 r� e.D��,` 1 Public Hearing The Clerk announced that this was the time and place Rate Increase set for the public hearing, continued from the meet - Seal's Ambulance ing of November 20, 1978, Application for Rate Increase from Seal's Ambulance Service, 535 Center Held Over Street, Costa Mesa. It was recommended by the Director of Finance that this item be continued for 60 days. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, this item was held over to the meeting of February 20, 1979. Public Hearing The Clerk announced that this was the time and place Rate Increase set for,the public hearing, continued from the meet - Schaefer Ambulance ing of November 20, 1978', Application for Rate Increase from Schaefer Ambulance Service, 2215-19 Held Over South Bristol Street, Santa Ana. It was recommended by the Finance Director that this item be continued for 60 days because the ambulance service has not conformed to the requirements of Resolution 76-62 which stipulates that an audited financial state- ment be provided. Phil Gazzo of Schaefer Ambulance Service, stated that the last increase granted in Costa Mesa was in 1974 and expenses have risen dramatically since that time. He requested that the.City waive the requirement for an audited state- ment and grant the increase. The necessary informa- tion is currently in the City's files, but it is not broken down as to the figures applicable strictly to Costa Mesa, since it covers the company's four -county financial figures. In response to a question from Councilman Hall, Mr. Gazzo stated that this breakdown would be available for future records, but cannot be produced at this time. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, this item was held over to the meeting of February 20, 1979. Public Hearing The Clerk announced that this was the time and place R-7841 set for the public hearing, continued from the meet- Jordan/Hamer ing of December 4, 1978, for Rezone Petition. R-78-21, Willard T. Jordan, authorized agent for Richard E. Held Over Hamer, 1700 East Dyer Road, Suite 250, Santa Ana, for permission to rezone property located at 540 Bernard Street, from R2 to R3. Environmental Determination: Negative Declaration. On motion by Vice Mayor Schafer, seconded by Mayor McFarland, and carried, this item was continued to the meeting of January 2, 1979, as requested by the applicant. Public Hearing The Clerk announced that this was the time and place GP -78-3F set for the public hearing for General Plan Amend - Fairgrounds ment GP -78-3F, Kenneth R. Fulk, authorized agent for 32nd District Agricultural Association, State of California, 88 Fair Drive, Costa Mesa, to amend the Circulation Element by removing Vanguard Way and Junipero Drive from.the Master Plan of Highways in the Orange County Fairgrounds. Environmental Deter- mination: 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 summary of the background on this item. The recommendation of the staff was to delete both these streets. There being no speakers, the Mayor closed the public hearing. On motion by Coun- cilman Hall, seconded by Vice Mayor Schafer, the Negative Declaration of Environmental Impact was Resolution 78-123 adopted, and Resolution 78-123, being A RESOLUTION OF THE CITY COUNCIL -4 THE,.CITY OF COSTA MESA, CALI- FORNIA, ADOPTING GENERAL`'PLAN AMENDMENT GP -78-3F TO THE COSTA MESA'GENERAL PLAN -;.BEING AN AMENDMENT TO THE CLRCULATION ELEMENT IN ACCORDANCE WITH SECTION 65357 OF THE GOVERNMENT CODE OF THE STATE OF CALI- FORNIA; ADOPTING AN AMENDMENT=TO THE MASTER PLAN OF 3 HIGHWAYS FOR THE CITY OF COSTA MESA, approving Option II based on the environmental review recom- mendations and the information contained in the Staff Report dated December 13, 1978, was adopted 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 R-78-22 set for the public hearing for 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 Rl. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Director of Planning summarized the activity to date on this property and stated that the Planning Department recommended approval. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Schafer, seconded by Mayor McFarland, the Exempt Declaration of Environmental Impact was ac - Ordinance 78-52 cepted, and Ordinance 78-52, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, PREZONING CERTAIN UNINCORPORATED TERRITORY ADJOINING THE CITY BOUNDARY FROM COUNTY R4 TO CITY R1, 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 Councilmanic Councilwoman Hertzog requested that the rehearing Comments on the Ford Day Care.Home on Fordham Drive be post- poned until February 20, 1979. The City Attorney ZE-78-180 recommended that this item still be placed on the Ford Agenda for January 15, 1979, with a recommendation that it be continued. Fairgrounds Vice Mayor Schafer stated that the Liaison Committee of the Orange County Fairgrounds and the City is set- ting up a joint meeting. Youth Problem Mayor McFarland stated that a request for funds has Center been received from the Youth Problem Center and that an interview will be arranged for the first week of January, 1979. Adjournment to At 11:30 p.m., the Mayor adjourned the meeting to Executive Session an Executive Session in the first floor Conference Room of City Hall. 'Loukides and RMA On -motion duly made, seconded, and carried, the Coun- Condemnation cil authorized the City Attorney to expend further Litigation sums in the condemnation cases of Loukides and RMA. Adjournment The Mayor adjourned the meeting at 12:30 a.m. Mayor of the City of Costa_ Mesa ATTEST:. City Clerkof the='City of C to Mesa 1 1 1