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HomeMy WebLinkAbout02/20/1979 - City CouncilRoll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 20, 1979 The City Council of the City of Costa Mesa, California, met in regular session on February 20, 1979, a_t 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. Boy Scout Troop 106 presented the colors and led the Pledge of Allegiance to the Flag. Invoca- tion was given by the Reverend Conrad Nordquist, St. John the Divine Episcopal Church. Council Members Present: McFarland, Schafer, Raciti, Hertzog, Hall Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services, City Clerk Minutes On motion by Vice Mayor Schafer, seconded by Council - February 5, 1979 woman Hertzog, and carried, the minutes of the regular meeting of February 5, 1979, were approved as dis- tributed and posted as there were no corrections. Proclamation The Mayor announced that a Proclamation has been issued - Arbor Day proclaiming March 7, 1979, as "Arbor Day" in the City of Costa Mesa. Proclamation The Mayor also announced that a Proclamation has been - Red Cross issued proclaiming March, 1979, as "Red Cross Month" in Month the City of Costa Mesa. Ordinances A motion was made by Councilman Hall, seconded by Councilwoman Hertzog, and carried, to read all ordi- nances by title only. CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 7, a request from Harry F. Oxley, International Speedway, Incorporated, to conduct motorcycle races at the Orange County Fairgrounds on various dates in 1979. - 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 Records On motion by Councilwoman Hertzog, seconded by Vice Destruction Mayor Schafer, Resolution 79-9, being A RESOLUTION OF Finance THE CITY COUNCIL OF THE CITY OF COSTA MESA, AUTHORIZING Department RECORDS DESTRUCTION FOR THE FINANCE DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, Resolution 79-9 was adopted 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 Reading Folder The following Reading Folder items were received and processed: Claim The following claim was received by the City Clerk and no action was required: Law firm of Rutan and Tucker on behalf of Harry S. Rinker, George L. Argyros, Arnel Development Company, A and R, a general partnership, and R and A, a Use of Animals limited partnership. A resolution from the City of Huntington Beach for Research requesting the County of Orange to discontinue selling or giving away animals for research End —Reading purposes. Folder Business Permit A -request from Hans Hungerbuhler, partner, doing busi- ness as Hans Again, 877 West 19th Street, for a. dance Hungerbuhler permit at the above address, was approved subject to one condition of the Revenue Division. American Cancer Notice of Intention to Appeal or Solicit for Charitable Society Purpose from the American Cancer Society, 4030 Birch Street, Suite 101, Newport Beach, by neighbor -to - neighbor solicitation, April 1 to June 30, 1979, was approved with application of Code Section 9-234J. American National Notice of Intention to Appeal or Solicit for Charitable Volleyball Purpose from the American National Volleyball Associa- tion, 6201 Garden Grove Boulevard, Garden Grove, by Denied door-to-door ticket sales, from February 1, 1979, to February 1, 1980, was denied. West Coast A request from John Lessard, West Coast Promotions, Promotions Post Office Box 722, Azusa, for a show/exhibition at the Orange County Fairgrounds for the following dates in 1979: March 3 and 4; April 28 and 29; August 11 and 12; October 27 and 28; and December 15 and 16, was approved. Set for Public The following items were set for public hearing on Hearing March 19, 1979, at 6:30 p.m., in the Council Chambers of City Hall: Repeal of Proposed repeal of Ordinance No. 334, which Ordinance 334 established a minimum building setback from the property lines on Lots 1 through 28, Tract 3631, as follows: (a) 50 feet from the centerline of Baker Street, Randolph Avenue, and St. Cla-ir Street; and (b) 70 feet from the centerline of Bristol Street. Environmental Determination: Exempt. Repeal of Proposed repeal of Ordinance No. 411, which Ordinance 411 established building setback lines of 65 feet from the centerline of MacArthur Boulevard (formerly Talbert Avenue) from Harbor Boulevard on the east to the City limits on the west. Environmental Determination: Exempt. Repeal of Proposed repeal of Ordinance No. 296, which Ordinance 296 established building setback lines of 60 feet from the centerline of Fairview Road from New- port Boulevard on the south to the City limits on the north; Victoria Street from Newport Boulevard on the east to Harbor Boulevard on the west; the west side of Harbor Boulevard from West 19th Street on the south to Wilson Street on the north; and the east side of Harbor Boulevard from Bernard Street on the south to Wilson Street on the north. Environmental Determination: Exempt. Repeal of Proposed repeal of Ordinance No. 379, which - Ordinance 379 established building setback lines of 35 feet (45 feet on frontage corner lots at the inter- section of Fullerton Avenue and Orange Avenue) from the centerline of East 18th Street between Newport Boulevard and Orange Avenue. Environ -- mental Determination: Exempt. Repeal of Proposed repeal of Ordinance No. 212, which Ordinance 212 established building setback lines of 50 feet from the centerline of East 17th Street as follows: (a) on the north side from Irvine Avenue on the east to Newport Boulevard on the west; (b) on the south side from Irvine Avenue on the east to a point 150 feet west of the centerline of Santa Ana Avenue on the west; and (c) on.the south side from Orange Avenue on the east to Newport Boulevard on the west. En- vironmental Determination: Exempt. Prohibition of On motion by Councilwoman Hertzog, seconded by Vice Parking on West Mayor Schafer, Resoluti.on 79-10, being A RESOLUTION OF 18th Street THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF WEST EIGHTEENTH Resolution 79-10 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 Prohibition of On motion by Councilwoman Hertzog, seconded by Vice Parking on Mayor Schafer, Resolution 79-11, being A RESOLUTION OF Victoria Street THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF VICTORIA STREET, Resolution 79-11 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 of On motion by Councilwoman Hertzog, seconded by Vice Parking on West Mayor.Sc.hafer, Resolution 79-12, being A RESOLUTION OF 17th Street THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON WEDNESDAYS BETWEEN 4:00 A.M. AND Resolution 79-12 6:00 A.M. ON A PORTION OF WEST SEVENTEENTH STREET 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 Prohibition of On motion by Councilwoman Hertzog, seconded by Vice Parking on Wallace Mayor Schafer, Resolution 79-13, being A RESOLUTION OF Avenue and on THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Congress Street ESTABLISHING PARKING PROHIBITION ON TUESDAYS ON WALLACE AVENUE AND ON CONGRESS STREET, was adopted by the Resolution 79-13 following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Passenger Load- On motion by Councilwoman Hertzog, seconded by Vice ing Zone on Mayor Schafer, Resolution 79-14, being A RESOLUTION OF Joann Street THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING. THE ESTABLISHMENT OF PASSENGER LOADING ZONE Resolution 79-14 ON PORTIONS OF JOANN STREET, was adopted by the fol- lowing'roll call vote: 1�_ 1 1 N AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Loading Zone on On motion by Councilwoman Hertzog, seconded by Vice Newport Boulevard Mayor Schafer, Resolution 79-15, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 'Resolution 79-15 REQUESTING THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO ESTABLISH A LOADING ZONE ON A PORTION OF NEWPORT BOULEVARD, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None .Four -Way Stop On motion by Councilwoman Hertzog, seconded by Vice Monte Vista and Mayor Schafer, Resolution 79-16, being A RESOLUTION OF Elden Avenues THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF FOUR-WAY STOP SIGNS AT THE Resolution 79-16 INTERSECTION OF MONTE VISTA AND ELDEN AVENUES, was adopted 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 Councilwoman Hertzog, seconded by Vice Tract 10376 Mayor Schafer, Final Map for Tract 10376, Peter Nourse - Nourse Development Company, 901 Dover Drive, Suite 110, New- port Beach, developer; one lot, 0.644 -acre, located at 1671 Tustin Avenue, for condominium purposes, was approved; the Council.did also approve said map pur- suant to the provisions 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 Wheel Chair Bids received for the Construction of Wheel Chair Ramps Ramps at Various Locations are on file in the Clerk's office. On motion by Councilwoman Hertzog, seconded by Vice Awarded Mayor Schafer, the contract was awarded to Atlas Atlas Engineering Engineering and Construction, Incorporated, 2200 West. PacificCoast Highway, Long Beach, in the amount of $13,110.00, 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 417 Bids received for Bid Item 417, One 12.5 kW Electric Generating Unit Generating Unit, Gasoline Drive, are on file in the Clerk's office. On motion by Councilwoman Hertzog, Awarded seconded by Vice Mayor Schafer, the bid was awarded to Equipment Equipment Service Company, Post Office Box 1307, Long Service Beach, in the amount of $3,707.00, 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 Conference On motion by Councilwoman Hertzog, seconded by Vice Advances Mayor Schafer, Conference Advances in the amount of $300.00 each for Councilman Hall, Councilman Raciti, CA and the City Manager to attend the Annual League of Cities Congressional Conference in Washington, D.C., March 3 to 8, 1979, were approved 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 Councilwoman Hertzog, seconded by Vice Mayor Schafer, Conference Advances in the amount of $170.00 each, for two police officers to attend the California Homicide Investigative Association Con- ference in Monterey, February 28 through March 2, 1979, were approved by the following roll call vote: AYES: Council'Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Emergency Medical On motion by Councilwoman Hertzog, seconded by Vice Services Plan Mayor Schafer, Resolution 79-17, being -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 79-17 ENDORSING THE.EMERGENCY MEDICAL SERVICES PLAN FOR ORANGE COUNTY, AND THE SUBMITTAL OF A GRANT APPLICATION FOR THE IMPLEMENTATION OF THE PLAN, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreement YSP On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, an agreement between the City of Costa Community Mesa and YSP,.Incorporated, for community restitution Restitution program was approved, and the Mayor and Clerk were Program 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 Geographical Rates On motion by Councilwoman Hertzog, seconded by Vice of Insurance Mayor Schafer,.Resolution 79-18, being A RESOLUTION OF THE CITY COUNCIL OF -THE CITY.OF COSTA MESA, CALIFORNIA, Resolution 79-18 URGING THE DEPARTMENT OF INSURANCE TO MAINTAIN AN EQUITABLE SYSTEM OF ALLOCATING LOSS COSTS ON THE BASIS OF GEOGRAPHICAL AREA, was -adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Solicitation On motion by Councilwoman Hertzog, seconded by Vice Permits - Mayor Schafer, and carried, Council Policy 100-3, Council Policy setting time guidelines for nonprofit solicitation No. 100-3 permits, was approved. Business Permit Item 7 on the Consent Calendar, a request from Harry F. Oxley, International Speedway, Incorporated, Post International Office Box 3334, San Clemente, to conduct motorcycle Speedway races at the Orange County Fairgrounds on the following dates in 1979: March 2; April 13, 20, and 27; May 4, 11, 18, and 25; June 1, 8, 15, 22, and 29; July 6, 13, and 20; August 3, 10, 17, 24, and 31; September 7 and 14; and October 6, for a total of 24 events, was presented. Mr. Oxley was present to answer questions from the Council. On motion by Vice Mayor Schafer, 1 1 1 1 J 1 seconded by Councilman Hall, and carried, the request was approved on .the condition that noise measurements, to be administered by. .the Fair Board, be conducted at End - Mr. Oxley's expense, copies of the noise report to be Consent Calendar made available to Mr. Oxley and to the City. Request for A request from Vice Mayor Schafer, continued from the Council Review meeting of January 15, 1979, for Council review of Zone ZE-78-180 - Exception ZE-78-180, Mr. and Mrs. R. Spencer Ford, for Ford a Conditional Use Permit to operate a day care facility with use of garage in an existing single-family resi- Hearing Set dence, located at 2524 Fordham Drive, was presented. Mayor McFarland invited anyone wishing to speak on this subject to do so. Mrs. Patty Ford, the applicant, did take the opportunity to inform the Council that she has letters from the majority of her neighbors in support of this zone exception. On motion by Councilman Hall, seconded by Mayor McFarland, and carried, a public hearing was set for March 19, 1979, at 6:30 p.m., in the Council Chambers of City Hall. Proposed Marina Councilman Hall .reported that the committee investi- gating the feasibility of a proposed Marina in Costa Mesa has met with Ken Sampson, an expert on marina planning and construction, with a view toward utilizing his services. Mr. Sampson furnished the committee with a proposal wherein he would receive a retainer of $2,000.00 per month plus expenses, starting March 1, 1979, for two years, cancellable by either party at the end of any six-month period. Mr. Bob Swan, 3011 Ceylon -Road, Costa Mesa, president of the Newport Boat Dealers Association, stated that the 25 members of that asso- ciation have enjoyed sales in the $100 million range in the last year. The purchasers of those boats have much difficulty finding boat slips. There is also no dry storage available in the Newport Harbor vicinity. The boat dealers surveyed were very enthusiastic and supportive of Costa Mesa's efforts to gain a marina for the area. After further discussion, on motion by Councilman Hall, seconded by Councilman Raciti, the agreement presented by Ken Sampson was approved subject to adding an additional item requiring that written progress reports be made by Mr. Sampson one month prior to the end of each six-month period, 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 Warrant On motion by Councilwoman Hertzog, seconded by Vice Resolution 1061 Mayor Schafer, Warrant Resolution 1061, including Payroll 7903, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Claim - Childs On motion by Councilman Raciti, seconded by Councilman Hall, and carried, the claim of James A. Childs was referred to the Insurance Committee for settlement negotiations as recommended by the City Attorney. Request for The City Attorney reported that the condemnation Executive Session specialist retained by the City has requested an Executive Session to discuss pending cases. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, an adjourned Executive Session with the City's condemnation specialist was scheduled for February 22, 1979, at 6:00 p.m., in the fifth floor Conference Room of City. Hall . Redevelopment On motion by.Vice Mayor Schafer, seconded by Councilman Agency Line of Hall, Resolution 79-19, being A RESOLUTION OF THE CITY Credit COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHO- RIZING THE STAFF TO PROCESS LOANS AND OBTAIN APPROVAL Resolution 79-19 BY RATIFICATION FOR LOANS TO THE COSTA MESA REDEVELOP- MENT AGENCY WITHIN THE APPROVED LINE OF CREDIT, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Request for On motion by Councilman Raciti, seconded by Mayor Assessed McFarland, Resolution 79-20, being A RESOLUTION OF THE Valuation CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING AN ESTIMATE OF ASSESSED VALUATION ON PROP - Resolution 79-20 ERTY FOR THE 1979-80 FISCAL YEAR, FROM THE ORANGE COUNTY ASSESSOR, AND SETTING FORTH THE REASONS THERE- FOR, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Revision to The City Manager reported that the City has been Community notified by the Department of Housing and Urban Devel- Development opment of a revision to the City's Community Develop - Block Grant ment Block Grant Fifth Year Application. The City's entitlement has been recalculated upward by $47,000.00. On motion by Councilwoman Hertzog, seconded by Coun- cilman Raciti, the additional $47,000.00 was allocated to Neighborhood Strategy Area Development, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Termination of On motion by Vice Mayor Schafer, seconded by Council - Agreement with woman Hertzog, Resolution 79-21, being A RESOLUTION OF Redevelopment THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Agency TERMINATING THE 1975 AGREEMENT WITH THE COSTA MESA REDEVELOPMENT AGENCY AND RATIFYING PRIOR ACTS, was Resolution 79-21 adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Final Development The City Manager reported that Zone Exception ZE-79-14, Plan ZE-79-14 Jot Lloyd, authorized agent for One Town Center Drive Lloyd Associates, 695 Town Center Drive, Costa Mesa, for an amendment to the Final Development Plan (ZE-78-04) to Hearing Set add two parking levels to the four -level parking, structure under construction at 660 Town Center Drive, in a TC zone, had inadvertently been omitted from this Agenda. On motion by Councilwoman Hertzog, seconded by Councilman Raciti, and carried, a public hearing was set for March 19, 1979, at 6:30 p.m., in the Council Chambers of City Hall. Public Hearings The Clerk announced that this was the time and place Requests for Rate set for the public hearing, continued from the meeting Increases from of December 18, 1978, application for rate increases . Seal's Ambulance from Seal's Ambulance Service, 535 Center Street, and Schaefer's Costa Mesa, and Schaefer's Ambul-ance Service, 2215-19 Ambulance South Bristol Street, Santa Ana. Larry Seal was 1 1 1 Denied present to answer questions from the Council. He stated that he was unable to supply the required information breaking down his expenses and income from Costa Mesa ambulance activities because his accounting system lumps all corporate income and expenses into just two figures. Also, the MediCal and Medicare rates he must charge to comply with Federal and State laws are higher than those presently allowed by Costa Mesa. The City Manager stated that unless the Council waives the requirements of the applicable ordinance, the ambulance companies must furnish all requisite in- formation prior to the granting of any rate increase. Phil Gazzo, representing Schaefer Ambulance Service, reported that he had asked several months ago for a waiver of the ordinance. He has submitted a financial statement, unaudited, which provides companywide figures. The City Manager stated that at the time of the last request for rate increase the City failed to receive the requl r` ed documentation at all. Mr. Gazzo stated that the County staff did a Statewide survey of ambulance costs and determined that the prevailing fee is much higher throughout the State than Costa Mesa currently allows. There being no other speakers, the Mayor closed the public hearings. Mayor McFarland stated that in the absence of corroborated financials, Council may want to re-evaluate the need for two ambulance companies to operate in the same area. Councilman Raciti stated that perhaps one service functioning alone could provide the service for an even lower rate. After further discussion, on motion by Councilman Raciti, seconded by Vice Mayor Schafer, and carried, the application for rate increase from Seal's Ambulance Service was denied and no consideration for an increase will be made until adequate information is received by the Finance Director. On further motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, the application for rate increase from Schaefer's Ambulance Service was denied and staff was directed to review the City's ordinance as compared with the County ordinance presently proposed. Public Hearing Parking for, The Clerk announced that this was the time and place for Condominiums set the public hearing to consider a proposed ordinance amending Title 13 -of the Costa Mesa Municipal Code, relating to the required location of parking for condominiums within the R3, R4, and PDR -HD zones. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Director of Planning reported that the Planning Com- mission recommended this amendment to require that only one of the 2-1/2 parking spaces be located directly adjacent to the condominium unit. This would allow flexibility in the design of the development and promote a wider range of housing types. There being no speakers, the Mayor closed the public hearing. On Ordinance 79-2 motion by Vice Mayor Schafer, seconded by Councilman Raciti, Ordinance 79-2, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE REQUIRED LOCATION OF PARKING FOR CONDOMINIUMS WITHIN THE R3, R4, AND PDR -HD ZONES, 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 Condemnation of set for the public hearing to consider a proposed Toncray Property Resolution of Necessity to condemn property at 1680 Superior Avenue Superior Avenue,.designated Parcel No. 1, in connection Widening -' with the Superior Avenue widening; owner, Marion L. Parcel 1 Toncray.. The Affidavits of Publishing and Mailing are on file -'in the Clerk's office. A certified letter of notification was mailed to the property owner as re- quired by law. No communications have been received. The Director of Public Services reported that this is part of the Arterial Highway Financing Program. An offer was made to acquire the property, but it was refused. There being no'speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Vice Mayor Schafer, based on a memo from the Assist- ant City Engineer dated February 15, 1979, which includes the following findings: (1) the public interest and necessity require the proposed project in that the project furthers the implementation of the circulation element of the General Plan; (2) the proposed project is planned in a manner that will be most compatible with the greatest good and the least private injury; and (3) the property is necessary for the proposed project and the acquisition is only for that portion'of the property required for the street Resolution 79-22 widening project, Resolution 79-22, 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 PARCEL NO. 1 (TONCRAY) ON SUPERIOR AVENUE 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, 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 Condemnation of set for the public.hearing to consider a proposed Butler Property Resolution of Necessity to condemn property at 1666, 1668, and 1670 Superior Avenue, and at 102 and 104 East Superior Avenue 16th Street, designated Parcel No. 2, in connection . Widening - with the Superior Avenue widening; owners, Mr. and Mrs. Parcel 2 John P. Butler. The Affidavits of Mailing and Pub- lishing are on file in the Clerk's office. A certified letter of notification was mailed to the property owners as required by law. No communications have been received. The Director of Public Services reported that this was the second parcel required for the Superior Avenue widening. There being no speakers, the Mayor closed the public hearing. On motion by Coun- cilman Hall, seconded by Vice Mayor Schafer, based on a memo from the Assistant City Engineer dated February 15, 1979, which includes the following findings: (1) the public interest and necessity require the proposed project in that the project furthers the implementation of the circulationelement of the General Plan; (2) the proposed project is planned in a manner that will be most compatible with the greatest good and the least private injury; and (3) the property is necessary for the proposed project and the acquisition is only for that portion of the property required for the street Resolution 79-23 widening project, Resolution 79-23, 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 REQUIRES THE ACQUISITION' BY AND CONDEMNATION OF CERTAIN REAL PROPERTY DESIGNATED AS PARCEL NO. 2 (BUTLER) ON SUPERIOR AVENUE IN THE CITY OF COSTA MESA FOR A STREET WIDENING PROJECT, AND AUTHO- RIZING SAID CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, was adopted by the following roll call vote: 1 1 i AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Public Hearing The City Attorney reported that the public hearing to Condemnation of consider.a Resolution of Necessity to condemn property Weber Property at 1640 Superior Avenue, designated Parcel No. 5, in connection with the Superior Avenue widening; owners, Superior Avenue Mr. and Mrs. Harry J. Weber, need not be held because Widening - an agreement has been reached with the owners for Parcel 5 acquisition of said property. Bristol -Red Hill On motion by Vice Mayor Schafer, seconded by Council - Annexation to woman Hertzog, Resolution 79-24, being A RESOLUTION OF Park and Recrea THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, tion District ACTING AS THE EX -OFFICIO BOARD OF DIRECTORS OF THE COSTA MESA PARK AND RECREATION DISTRICT, DECLARING AND Resolution 79-24 ORDERING CERTAIN'ATERRITORY KNOWN AS BRISTOL -RED HILL ANNEXATION ANNEXED TO THE COSTA MESA PARK AND RECREA- TION DISTRICT, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Assessment The City Manager reported that a petition has been District 79-1 received from C. J. Segerstrom and Sons, 3315 Fairview Segerstrom Road, Costa Mesa, for construction of improvements and waiver of requirements of Division 4 of the Streets and South Coast Drive Highways Code of the State of California, relating to Assessment District No. 79-1, South Coast Drive. This petition requests to create an assessment district so that this road may be built immediately, without awaiting general fund monies. The staff has recom- mended that Council accept the petition. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, the.Council accepted the subject petition and directed the Clerk -to verify the signatures thereon. On further motion by Councilman Hall, seconded by Vice Resolution 79-25 Mayor Schafer, Resolution 79-25, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MAKING FINDINGS ON WAIVER AND PETITION REGARDING PROPOSED ASSESSMENT DISTRICT NO. 79-1, SOUTH COAST DRIVE, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreement - On motion by Vice Mayor Schafer, seconded by Councilman Brown Raciti, the proposed.agreement between the City and F. MacKenzie Brown for special counsel to handle Assess - Assessment ment District 79-1, South Coast Drive, was approved; District•79-1 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 Oral Ken Simons, 610 - 17th Street, Santa Ana, spoke with Communications:; regard to Item 5 on the Consent Calendar, Notice of Intention to Appeal or Solicit for Charitable Purpose American National = from the American National Volleyball Association, and Volleyball = requested that Council advise the grounds upon which this application had been denied. Mayor McFarland explained. the Council policy for fund solicitation permits and referred Mr. Simons to the Revenue Division for further clarification. ATTEST: City Clerk of the City of Costa esa 1 1 Gordon-Bennett Paul Raver, 3037 Royce Lane, Costa Mesa, representing a Hot-Air Balloon committee dedicated to the re-activation of the Gordon- Race Bennett Hot-Air Balloon Races, requested Council support of bringing the Gas Bag Gala celebration and Denied the awards banquet connected with the race to the South Coast Plaza Hotel. He requested Council authorization of $3,200.00 for advertsing and promotion of the event. Such authorization would release funds already ear- marked for advertising purposes to be used to block out hotel rooms for race participants. Mayor"McFarland was Mayor Absent absent briefly during this discussion. After lengthy discussion as to.whether or not this was an appropriate type.of expenditure, due to the fact that the race itself will start from the Queen Mary in Long Beach rather than in Costa Mesa, a motion was made by Coun- cilwoman Hertzog, seconded by Councilman Hall, direct-, ing the.Ci.ty Manager to find a way to provide funds for advertising purposes to make this event possible. The, motion failed to carry, Council Members McFarland, Schafer, and Raciti voting no. Rate Increase - Phil Gazzo, Schaefer's Ambulance Service, 2215-19 South Schaefer Bristol Street, Santa Ana, spoke again regarding their Ambulance application for a rate increase denied earlier in the meeting. He asked-that Council waive the requirement for a Certified Public Accountant to audit his finan- cial statement. Mayor McFarland reiterated that staff must come back to Council with a recommendation. Councilwoman Councilwoman Hertzog was absent briefly during this Hertzog Absent discussion. Mr. Gazzo stated that in the interim. period between review of the County ordinance and comparison with the City ordinance, he coul,-d=.:,pe forced to cut back on the services his company provides the City because of economic hardship. Councilmanic Councilman Hall asked if a date certain had been set Comments for an Executive Session with the City Attorney to review pending litigation. The Mayor stated that such Pending a session would be scheduled after the February 24, Litigation 1979, performance evaluations with Mr. Hamilton have been completed. Route 55 Councilman Hall reported that the Transportation CALTRANS Subcommittee met with CALTRANS representatives on February 16, 1979, to discuss plans and schedules for Route 55, Newport Boulevard. According to those plans and schedules Route 55 is not estimated to be completed for another 10 to 12 years. Fair Board Vice Mayor Schafer reported that a joint meeting had been held with the Fair Board on February 15, 1979. Consortium Vice Mayor Schafer reported that she had attended a of Cities seminar with the Consortium of Cities on February 16, 1979. At that seminar representatives of the mobil home and modular housing manufacturers gave a presenta- tion regarding affordable housing of the future. Adjournment At 9:50 p.m., Mayor McFarland adjourned the meeting to an Executive Session to be held February 22, 1979, at 6:00 p.m., in'the fifth floor Conference Room of City Hall. S _"1121//�� L �11�4v Mayor o "the `City o`F Costa' Mesa ATTEST: City Clerk of the City of Costa esa 1 1