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HomeMy WebLinkAbout01/02/1979 - City Council1 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA January 2, 1979 The City Council of the City of Costa Mesa met in regular session on January 2, 1979, 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 Ms. Nosrat Solhjoo, Baha'i Faith. Roll Call Council Members Present: McFarland, Schafer, Raciti, Hertzog, Hall Council Members,,Absent: None Officials Present: City Attorney, Director of Planning, Director of Public Services, Assistant Director of Planning, City Clerk Minutes On motion by Vice Mayor Schafer, seconded by Council - December 18, 1978 woman Hertzog, and carried, the minutes of the regular meeting of December 18, 1978, were approved as dis- tributed and posted as there were no corrections. Donald Smallwood Mayor McFarland announced that Donald Smallwood has Commended made many contributions to the Newport -Mesa School District and to the City of Costa Mesa, and upon his resignation from the School Board, the Council would like to commend him for his many years of meri- torious service to the community. On motion by -Councilman Hall, seconded by Councilwoman Hertzog, Resolution 79-1 Resolution 79-1, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COM- MENDING DONALD E. SMALLWOOD FOR HIS DEDICATED SERVICE TO THE BOARD OF TRUSTEES, NEWPORT -MESA UNI- FIED SCHOOL DISTRICT, AND TO THE COSTA MESA COMMUN- ITY, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Ordinances A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Schafer, and carried, to read all ordinances by title only. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 2, Letter from Lawrence and Janice Trop, regarding a Health Permit for Trop's Baked -Goods; and Item 8, Application to Present Late Claim from -Anna Josephine McKeon, heir of Timothy Lee McKeon, deceased. On motion by Councilman Hall, 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 None None NOES: Council Members: ABSENT: Council Members: Paramedics A letter of appreciation and: commendation to the Commended Costa Mesa Paramedics from Theodore P. Olson, Major, U. S. Army Retired, 3104 Roosevelt Way, Costa Mesa, was received and processed. Dial -a -Ride A petition containing 32 signatures, forwarded by Anna Petition Myers, 260 Magnolia Street, Costa Mesa, requesting that a Dial -a -Ride Service be established in Costa Mesa, was referred to the Orange County Transit District for action. Request for A letter from Lynda Ford Voris, Post Office Box 995, BusService Costa Mesa, requesting that bus service to the Mesa Branch Postal Substation be established, was referred to the Orange County Transit District for action. Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Public Utilities Air California Application No. 58126 before the Commission Public Utilities Commission to increase its intra -state passenger fares. State -Mandated A resolution from the City of Garden Grove, Costs Imposed establishing its strong opposition to the lack on Local of the State's concern for the impact of State - Agencies mandated costs on local agencies. State -Licensed Resolutions from the cities of Fountain Valley Contractors and Santa Ana requesting the State legislature to strengthen regulations relating to State - licensed contractors. Memorial Tree A letter from Donald E. Smallwood, 1981 Kornat Mary T. Smallwood Drive, Costa Mesa, offering a Ficus Macrophylla tree to be installed in Estancia Park in memory of Mary Smallwood. Rodeo at A letter from the National Catholic Society for Fairgrounds Animal Welfare, Incorporated, 509 Madison Ave- nue, New York, New York, regarding the use of pain -inflicting devices on horses in the rodeo during the Orange County Fair. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by the Planning Licenses Department from: William Giambattista, doing business as Happy Jack's Pizza, 1500 Adams Ave- nue, Suite 108; and Dorothy M. and John Quiroz, End - doing business as Vikki's Lounge, 1791-1/2 New - Reading Folder port Boulevard. Business Permit Request from John Lim and Tony Bright, 1670 Newport Boulevard, Costa Mesa, for a dance permit at Alisio's Alisio's South South, located at the above address, was approved sub- ject to one condition of the Revenue Division. Moped Centers Request for a special dance permit from Moped Centers of America of America, Incorporated, R. Scott Rehart, promoter, 2116 Newport Boulevard, Newport Beach, to conduct a Valentine Dance on February 14, 1979, at the Orange County Fairgrounds, was approved subject to the con- ditions of the Police and Fire Departments. Future Hyland Bids received for Water Line Relocations for the Avenue Storm Future Hyland Avenue Storm Drain are.on file in the Drain Water Clerk's office. On motion by Councilman Hall, Lines seconded by Councilwoman Hertzog, the contract was awarded to Tennyson Pipeline Company, 11870 Virginia Awarded Avenue, Lynwood, in the amount of $23,700.00, being Tennyson Pipeline the lowest bid meeting specifications, by the fol- lowing roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None J 1 1 M� Bid Item 385 The janitorial services being furnished by Sun' Janitorial Maintenance Company, 520 South Lafayette Park Place, Services Los Angeles, at a monthly cost of $3,250.00, is not acceptable as it is not being performed to the Sun Maintenance specification of Bid Item 385 which was awarded on Contract Can- April 17, 1978. The contracthas been cancelled celled effective December 31, 1978. On motion by Council- man Hall, seconded by Councilwoman Hertzog, cancel - Re -Awarded to lation of the contract was affirmed and re -awarded Western Counties to Western Counties Maintenance Company, Post Office Maintenance Box 865, Newport Beach, in the amount of $3,850.00 per month, by the following roll call vote: AYES:, Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None .ABSENT: Council Members: None Landscaping of Bids received .-for Landscaping of Del Mesa Park are Del Mesa Park on file in thetlerk's office. On motion by Coun- cilman Hall, seconded by Councilwoman Hertzog, the Awarded contract was awarded to Hondo Company, 10747 Crawford Hondo Company Canyon Road, Santa Ana, in the amount of $171,790.00, 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 Traffic Signals Bids received for the Installation of Traffic Signals at Bear Street and Safety Lighting at Bear Street and Paularino Ave - and Paularino nue/Yukon Avenue, are on file in the Clerk's office. Avenue/Yukon On motion by Councilman Hall, seconded by Councilwoman Avenue Hertzog, the contract was awarded to Baxter -Griffin Company, Incorporated, 8210 Monroe Street, Stanton, Awarded in the amount of $34,352.00, being the lowest bid Baxter -Griffin 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 402 Bids received for Bid Item 402, Furnishing of 30 Thermoplastic Tons of Thermoplastic Traffic Line Material, are on Traffic Line file in the Clerk's office. On motion by Councilman Material Hall, seconded by Councilwoman Hertzog, the contract was awarded to Pave -Mark Corporation, 1177 Hayes Awarded Industrial Drive, Marietta, Georgia, in the -amount Pave -Mark of $17,310.00 plus tax, 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 Waiver of Filing The Newport Harbor Church of Religious Science was Fee - Newport relocated to Orange Avenue by the City of Costa.Mesa Harbor Church of from its former location at 541 Center Street, to Religious Science allow for construction of the 75 -unit Senior Citizens Housing Project. On motion by Councilman Hall, seconded by Councilwoman Hertzog, the filing fee for a parking variance at 1755 Orange Avenue was waived by the following roll call vote: -AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None �U. Final Map for On motion by Councilman Hall, seconded by Council - Tract 10238 woman Hertzog, Final Map and Subdivision Agreement Crow Southern for Tract 10238, Crow Southern California, Incorpor- California ated, 18952 MacArthur Boulevard, Suite 230, Irvine; Ordinance 78-52 One Lot, 1.95 acres, for condominium purposes, OF THE CITY located at 2960 Airway Avenue, were approved; the Adopted Council did also approve subject map pursuant to CERTAIN UNINCORPORATED TERRITORY the provisions of Section 66436(c)(1) of the Sub- ADJOINING THE division Map Act, and the Mayor and Clerk were authorized to sign said documents on behalf of the second reading and adopted by the fol- City, by the following roll call vote: lowing roll call AYES: Council Members: McFarland, Schafer, Raciti, Hertzog,-Hall AYES: NOES: Council Members: None McFarland, Schafer, ABSENT: Council Members: None Trop's Baked Item 2 on the Consent Calendar, a letter from Goods Lawrence and Janice Trop, 1409 Superior Avenue, No. NOES: 1, Newport Beach, regarding a Health Permit for None Trop's Baked Goods, 488 East 17th Street, Costa Mesa, ABSENT: was presented. Staff recommendation was to refer the None letter to the Orange County Health Department for On motion by action. Councilman Hall stated that he would like to seconded by Council - see more back-up data on the problems the Trops have woman Hertzog, encountered with the County Health Department prior to referring the matter back to the County because was approved by the following roll call the Trops have come to the City for help. On motion vote: by Councilman Hall, seconded by Mayor McFarland, and carried, the Acting City Manager was directed to AYES: determine which City department should look further McFarland, Schafer, into the problem before a referral is made. Late Claim Item 8 on the Consent Calendar, Application to Pre - Application - sent a Late Claim from Anna Josephine McKeon, heir McKeon of Timothy Lee McKeon, deceased, was presented. The City Attorney requested that this application be Rejected rejected rather than denied. On motion by Council- man Raciti, seconded by Councilman Hall, and carried, End of the Application to Present a Late Claim was rejected. Consent Calendar R-78-22 On motion by Councilman Raciti, seconded by Council- woman Hertzog, Ordinance 78-52, being AN ORDINANCE Ordinance 78-52 OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- Adopted FORNIA, PREZONING CERTAIN UNINCORPORATED TERRITORY - ADJOINING THE CITY BOUNDARY, FROM COUNTY R4 TO CITY R1, was given second reading and adopted by the fol- lowing 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 Council - Resolution 1056 woman Hertzog, Warrant Resolution 1056, including Payroll 7826, 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 Councilwoman Hertzog, seconded by Mayor Resolution 1057 McFarland, Warrant Resolution 1057 was approved 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 Sunshine Studio The City. Attorney reported that the City has asked Litigation for a reconsideration of the trial court's tenta- tive ruling in the Sunshine Modeling Studio case which is presently set for Department 39 on Janu- ary 25, 1979. Arnel Litigation Briefs from Arnel's attorneys call out the applica- Tract 9936 bility of the Youngblood case. The City Attorney reported that to his knowledge, the Youngblood case is not final; therefore its impact on the Arnel litigation is not determinable and processing the Final Map of Tract 9936 may have to be continued beyond the January 15, 1979, agenda. Political Signs The California League of Cities has requested that Amicus Brief from cities join together in an Amicus Brief by lending League of Cities their names as participants with the City of San Mateo in the Condon vs. San Mateo litigation re- garding political signs. On motion by Councilman Raciti, seconded by Councilman Hall, and carried, the City Attorney was authorized to add the City of Costa Mesa's name to the Amicus Brief. Canyon Storm The City Attorney reported that a problem has arisen Drain Project with certain of the claims against the City in con - Claims nection with the Canyon Storm Drain Project. The insurance carrier of the contractor on that project has declined to defend the City because one of the three claims filed is an action of inverse condemna- tion and the carrier does not insure for that action. The City holds that this is not an inverse condemna- tion but a negligence cause of action. The City Attorney may require authorization to file an action against the contractor and the insurance company. Public Hearing The Clerk announced_ that this was the time and place R-78-21 set for the public hearing, continued from the meet- Jordan/Hamer ing of December.18, 1978, for Rezone Petition R-78-21, Willard T. Jordan, authorized agent for Richard E. Denied 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. The Assistant Director of Planning reminded the Council that both the Planning Commission and staff have recommended that this peti- tion be denied. Mr. Jordan stated that the negotia- tions with Richard Sewell to combine this lot with the adjoining lot had not been successful. Richard Hammer elaborated on the financial circumstances which he felt necessitated the rezone to R3 on this parcel. The Assistant Director of Planning confirmed that Mr. Sewell had been granted a variance on the adjoining property to allow four units, a 2.7 percent variance on the current R2 zoning. There being no other speakers, the Mayor closed the public hearing. On motion by Councilwoman Hertzog, seconded by Mayor McFarland, and carried, the request was denied. Public Hearing The Clerk announced that this was the time and place R-78-24 set for the public hearing for Rezone Petition R-78- 24, Costa Mesa City Council, for permission to rezone property located to the east and west of Pacific Ave- nue and Canyon Drive, north of Victoria Street, from County R4 to City R2. 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 Plan- ning'.summarized thi.s rezone petition and stated that the Planning Commission and staff recommended rezone to R2. Carlos Young, Vice President of the Mesa West 1 1 Homeowners Association, spoke in opposition to the request and asked that a study committee, composed of Planning Commission Members and the community at large, be formed to provide recommendations. He also requested a moratorium on building in this area until such recommendations are received. The Vice Mayor explained that the General Plan Amendment would address this very problem. The City Attorney advised that it was essential for the Council to make a decision immediately since the County has already authorized development in this area. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Raciti, seconded by Council- woman Hertzog, the Negative Declaration of Environ - Ordinance 79-1 mental Impact was adopted, and Ordinance 79-1, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF TRACT 653, FROM COUNTY R4 TO CITY R2,.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 Underground set for the public hearong for the formation of Utility District Underground Utility District No. 12, Baker Street No. 12 from the east side of the Corona del Mar Freeway to 350 feet west of Babb Street. The Affidavits of Publishing and Mailing are on file in the Clerk's office. No communications have been received. The Director of Public Services explained that funds are presently available for this purpose and there would be no impact on other projects. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Vice Mayor Resolution 79-2 Schafer, Resolution 79-2, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER TWELVE ON BAKER STREET FROM THE EAST SIDE OF THE CORONA DEL MAR FREEWAY TO 350 FEET WEST OF THE NORTHERLY.EXTENSION OF BABB 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 Public Hearing The Clerk announced that this was the time and place Tustin -Woodland set for the public hearing for the proposed Tustin - Annexation to Woodland Annexation to.the City of Costa Mesa. The the City Affidavits of Publishing, Mailing, and Posting are on file in the Clerk's office. No written protests have been received. The Assistant Director of Plan- ning explained that this annexation was privately initiated by the homeowners in the area. He further stated the City's alternatives if protests to the annexation were received. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the annexation was approved and a resolution will be adopted at a later date, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None 1 1 Public Hearing The Clerk announced that this was the time and place Tustin -Woodland set for the public hearing for the proposed Tustin - Annexation to Woodland Annexation to the Costa Mesa Park and the Park and Recreation District. The Affidavits of Publishing, Recreation Posting, and Mailing are on file in the Clerk's of - District fice. No wri.tten protests have been received. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, the annexation was approved and a resolution will be adopted at a later date, 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 -78-3G set for the public hearing for General Plan Amendment GP -78-3G, Costa.Mesa City Council, for permission to amend the Master Plan of 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 Deter- mination: 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 that the present Mas- ter Plan of Bikeways Amendment will provide a trail around the perimeter of the Fairgrounds and both the painted bikelane and off-street facility on Fairview Road. The Planning Commission and staff recommended that Option III, outlined in the Planning Department's memo dated November 29, 1978, be adopted. A discus- sion of pedestrian/bicycle/equestrian usage of such facilities ensued. Christopher Blank, 2076 Phalarope Court, Costa Mesa, stated that bikes and horses are basically incompatible and that driveways pose a real problem to cyclists. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Councilman Raciti, the Negative Declaration of Environmental Impact was Resolution 79-3 adopted, and Resolution 79-3, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -78-3G, AN AMENDMENT TO THE MASTER PLAN OF BIKEWAYS AS AN ELE- MENT OF THE COSTA MESA COMPREHENSIVE LONG-RANGE GENERAL PLAN, approving Option III and based on the memorandum of November 28, 1978; a memorandum dated December 27, 1978, from Advance Planning to the City Council; and a memorandum dated November 28, 1978, from the Leisure Services Department to the Planning Department, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Pacific -Canyon The Acting City Manager stated that the Pacific- Island/Sunset Canyon Island/Sunset Bluffs Annexation to the Costa Bluffs Annexa- Mesa Park and Recreation District was being presented tion to the to the City Council to comply with procedural re - Park and quirements. On motion by Councilman Hall, seconded Recreation by Councilman Raciti, Resolution 79-4, being A RESOLU- District TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ACTING AS THE EX -OFFICIO BOARD OF DIREC- Resolution 79-4 TORS OF THE COSTA MESA PARK AND RECREATION DISTRICT, INITIATING PROCEEDINGS FOR THE PACIFIC-CANYON/SUNSET BLUFFS ANNEXATION TO THE COSTA MESA PARK AND RECREA- TION DISTRICT, was adopted by the following roll call vote: ':iia AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Request to A request to appeal the Planning Commission's denial Appeal - Carl of Zone Exception ZE-78-182, Carl Karcher Enterprises, Karcher Enter- Incorporated, 1550 Adams Avenue, Costa Mesa, author- terprises ized agent for Wilmont Robinson, for a nonconforming ZE-78-182 sign, was presented. The Clerk has received a commun- ication from the applicant requesting that this item Held Over be continued to the meeting of January 15, 1979. On motion by Vice Mayor Schafer, seconded by Councilman Hall, and carried, this item was held over as re- quested by the applicant. Adjournment The Mayor adjourned the meeting at 8:15 p.m. ayor of th Ci y of C s a Mesa ATTEST: City Clerk of"the."City of Costa sa 1 1