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HomeMy WebLinkAbout05/07/1979 - City Council1 1 i REGULAR MEETING OF THE CITY COUNCIL -CITY OF COSTA MESA May 7, 1979 The City Council of the City of Costa Mesa met in regular session on May 7, 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 Vice Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by The Reverend Robert Rohdenburg, Mesa Verde United Methodist Church. Roll Call Council Members Present: McFarland, Schafer, Raciti, Hertzog, Hall Council Members Absent: None On motion by Councilwoman Hertzog, seconded by Mayor McFarland, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall None None Gisler Avenue Resolution from the Orange County Board of Supervisors and Wilson urging the City of Costa Mesa not to remove Garfield/ Street Bridge Gisler and Atlanta/Wilson from the City's Master Plan Crossings of Arterial Highways pending completion of the Multi - Modal Transportation Study, the Route 55 Transporta- tion Study, and receipt of recommendations from the Arterial Highway Financing Program Advisory Committee, was received and processed. Dissolution of Resolution from the Orange County Local Agency Forma - Newport Drainage tion Commission approving dissolution of the Newport District Drainage District, was received and processed. Reading Folder The following Reading Folder items were received and processed: Claims The following claims were received by the City Clerk and no action was required: Celeste F. Blakeslee; Attorney James A. Blodgett on behalf .41 Officials Present: City Manager, City Attorney, Planning and Development Services Director, Director of Public Services, City Clerk Minutes On motion by Mayor McFarland, seconded by Councilwoman April 16, Hertzog, and carried, the minutes of the regular meet - April 24, and ing of April 16, 1979, the adjourned regular meeting May 3, 1979 of April 24, 1979, and the adjourned regular meeting of May 3, 1979, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilwoman Hertzog, seconded by Councilman Raciti, and carried, to read all ordi- nances by title only. CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 5, Notice of Intention to Appeal or Solicit for Charitable Purpose from Concept 7 Group Homes. On motion by Councilwoman Hertzog, seconded by Mayor McFarland, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall None None Gisler Avenue Resolution from the Orange County Board of Supervisors and Wilson urging the City of Costa Mesa not to remove Garfield/ Street Bridge Gisler and Atlanta/Wilson from the City's Master Plan Crossings of Arterial Highways pending completion of the Multi - Modal Transportation Study, the Route 55 Transporta- tion Study, and receipt of recommendations from the Arterial Highway Financing Program Advisory Committee, was received and processed. Dissolution of Resolution from the Orange County Local Agency Forma - Newport Drainage tion Commission approving dissolution of the Newport District Drainage District, was received and processed. Reading Folder The following Reading Folder items were received and processed: Claims The following claims were received by the City Clerk and no action was required: Celeste F. Blakeslee; Attorney James A. Blodgett on behalf .41 of Doris Ann Lynn; Douglas G. Busch; Attorney William L. Streitfeld on behalf of Donald H. and Donna M. Cheney; Robert Ivers; Suzanne LePierres; Linda A. Medved; William R. Ritter; Harlan J. Sholes; and Sidney B. Burton, doing business as Just Plumbing. Public Utilities Notice of Filing Application No. 58764 for a Commission Rate Change, received by the Public Utilities Commission from Southern California Edison Company, for authority to modify its energy cost adjustment clause to increase its energy cost adjustment billing factor. Emergency Medical Copy of a letter from the City of Fullerton to Care Committee the League of California Cities, Orange County Division, requesting support of Fullerton Mayor Louis D. Velasquez as League representative to the Emergency Medical Care Committee. Marina Petitions containing a total of 146 signatures in support of installation of a public marina at "Keys Marina" at the mouth of the Santa Ana River. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by the Planning Licenses Department: Jon Mark Price, doing business at 2944 Randolph Avenue, No. 3; Ernest F. Aichl- mayr, doing business at 462 East 17th Street; Restaurants and Inns of Early America, Incorpor- ated, doing business as Poppy's Star, 1400 Southeast Bristol Street; and Douglas D. Noonan, doing business at 1505-F Mesa Verde Drive East. Alcoholic Beverage License application from the Straw Hat Restaurant Corporation P-12, doing business as Straw Hat Pizza, 187 East 17th Street, which will not be approved by the Plan- ning Department until such time as the applicant submits a floor plan to the City to determine End - whether or not a variance from City parking re - Reading Folder quirements is required. Business Permits Notice of Intention to Appeal or Solicit for Charitable Purpose from Veterans of Foreign Wars, 565 West 18th VFW Street, Costa Mesa, by conducting a two-day sale of Buddy Poppies on May 18 and 19, 1979, was approved with application of Municipal Code Section 9-234J. South Coast A request from South Coast Association of Square Association Dancers, Incorporated, 5102 New Mexico Lane, Cypress, of Square to hold a three-day square dance exhibition at the Dancers Orange County Fairgrounds, May 25, 26, and 27, 1979, was approved. E1 Bekal Shrine A request from E1 Bekal Shrine Temple, A.A.O.N.M.S., Temple Post Office Box 1610, Long Beach, to conduct a two-day circus at the Orange County Fairgrounds, June 9 and 10, 1979, was approved subject to one condition of the Revenue Division. Waiver of Permit A request from the Costa Mesa -Newport Harbor Lions Fee - Lions Club Club, Incorporated, Post Office Box 628, Costa Mesa, that the fees for the use of the Downtown Community Denied Center for the Annual Fish Fry on June 3, 1979, be waived, was denied. Set for Public Final Development Plan, designated ZE-79-65, Jot Lloyd, Hearing authorized agent for South Coast Plaza, 3315 Fairview Road, Costa Mesa, for 715,000 square feet of office and 1 1 1 Final Development commercial development in Blocks "E" and "F" of the Plan ZE-79-65 Town Center, including two 15 -story office towers, with Lloyd/South a variance from parking standards, located at 655 Anton Coast Plaza Boulevard, in a Town Center zone, was set for public hearing on May 21, 1979, at 6:30 p.m. Environmental Determination: Environmental Impact Report adopted February 10, 1978. Claim - Brisby On motion by Councilwoman Hertzog, seconded by Mayor Denied McFarland, and carried, the claim of Linda Jane Brisby was denied. Claim - Yeager On motion by Councilwoman Hertzog, seconded by Mayor Denied McFarland, and carried, the claim of Sally Yeager, on behalf of Daniel Alan Yeager, a minor, was denied. Claim - Vanasek On motion by Councilwoman Hertzog, seconded by Mayor Denied McFarland, and carried, the claim of R. A. Vanasek was denied. Amended Vending On motion by Councilwoman Hertzog, seconded by Mayor Machine Ordinance McFarland, and carried, a proposed ordinance amending the regulations for vending machines on the public Hearing Set right-of-way was set for public hearing on May 21, 1979, at 6:30 p.m. Prohibition of The Traffic Commission has recommended prohibition of Parking on parking on Delaware Place from New Jersey Street to Delaware Place the cul de sac for street sweeping purposes which was requested by 71 percent of the residents. On motion by Councilwoman Hertzog, seconded by Mayor McFarland, Resolution 79-51 Resolution 79-51, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PRO- HIBITING PARKING ON FRIDAYS BETWEEN 7:00 A.M. AND 10:00 A.M. ON DELAWARE PLACE 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 Tract 9464 The improvements for Tract 9464., located on the east- Critie/McGowan/ erly side of Pacific Avenue north of Wilson Street, Schlossberg have been completed by Jeannine Critie, Alan McGowan, and Robert Schlossberg, developers, 6126 Oakbrook Street, Long Beach, to the satisfaction of the Direc- tor of Public Services. On motion by Councilwoman Hertzog, seconded by Mayor McFarland, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Tract 9810 The improvements for Tract 9810, located on the south - Pacesetter Homes east corner of 16th Street and Tustin Avenue, have been completed by Pacesetter Homes, Incorporated, 4540 Campus Drive, Newport Beach, to the satisfaction of the Director of Public Services. On motion by Council- woman Hertzog, seconded by Mayor McFarland, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Tract 9901 The remaining 20 percent of improvements for Tract 9901, Foley located at the southwest corner of Sunflower Avenue and Construction Smalley Road, have been completed by Foley Construction Company, 2101 East Fourth Street, Suite 100, Santa Ana, Final, Map •for Tract 10598. Balalis and P i g ne.r.i . • a Final Ma -p for Tract 10610; Shapiro to the satisfactiOn-of the Director of Public'Services. On -motion by Councilwoman,Hertzog, seconded -'by Mayor McFarland, ,the-remain"ing -20 percent of the work was' ac- . • cepted; :the• remaining 20' percent of the Performance and Labor- and Material, bonds, in'the amount of $55,520.00 each;-. as -well as-'100--percent-of the Monument Bond in the amount of $33500.00, were -ordered exonerated by the following roll call vote: AYES: Council Members:. McFarland, Schafer, '. - � ' Raciti, Hertzog, Hall NOES: Council Members:, None ABSENT: Council Members: None On motion- by Councilwoman He'rtzog, seconded by Mayor McFarland.j.,final Map and'a Subdivision Agreement for Tract 10598, Balalis and Pigneri Development Corpora- tion, ­developer, .347.1 Via- Lido; Suite 211, Newport Beach,, one lot; 0:.64=acre,­located at 416 and 420 Vic- toria Street, for condominium purposes, were approved; the Council did also approve said map pursuant to the provisions of Section 66436 �(c)(1) of the Subdivision Map Act, and the.Mayor and-Cl-erk were authorized to sign sa,i"d documents -on behalf of the City, by the fol- lowing 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 Mayor -McFarland,. F.ina-1 Map and'Subdivision Agreement for -Trac:t ' 10610, . Paul and ' Geral d.i ►ie- Shapiro, developers, 2005 Balboa Boulevard,'Newport Beach; one lot, 0.62- acre;'.l ocated at".543: West Wilson Street, for condo- minium purpos6s'•;'were app'roved'; the Council did also accept on,behalf of the publi'c''the dedication of Wilson Street for street purposes; and the Mayor and Clerk were authorized to sign said documents on be- half 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 Council'woma h Hertzog, seconded by Mayor Tract -10650-.- McFarl ands: Fi nal Map 'for. Tract- 10650, Park Wilson Park Wilson Associ•ates,.devel"oper,,621 Larkspur Avenue, Corona Associates del Mar., -one ot,'O.29=acre; located at 624 Wilson Street; for condominium purposes, was approved; the Council:. did accept on behalf of the public the dedi- cation of Wi'1s6n. Street 'for. street purposes; did :also accept on behalf of the City of Costa Mesa the Final Map for Tract 10689 Spinnaker vehicular ac.cess.as.dedicated; did also approve said .ma;p pursuant to -the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was autho- ..rized to=sign on'behalf-.of-the City, by the following .Toll ' cal l -vote: AYES:. Council.Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council !Members: None ABSENT: Council. Members: .None On motion by Councilwoman Hertzog, seconded by Mayor McFarland, Final Map and'Subdivision Agreement for Tract 10689, The Spinnaker Company, a general partner- ship, developer; one lot, 0:92 -acre, located at 2442 and 2444 Elden'Avenue, for'.condominium purposes, were approved; the Council did also accept on behalf of the City of Costa Mesa the.three-foot public utility e•asement:as dedicated; did also approve said map pursuant to -the provisions of 'Section 66436 (c)(1) 1 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 Wheel Chair The Director of Public Services has recommended a Ramps Contract change order to the contract for Construction of Wheel Chair Ramps at Various Locations, for work to be per - Change Order formed by Atlas Engineering and Construction at the No. 2 Mesa Verde Library. On motion by Councilwoman Hertzog, seconded by Mayor McFarland, Change Order No. 2 in the amount of $1,125.00, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Change Order The Director of Public Services has also recommended No. 3 a change order to the above contract to correct ramp slopes at 23 locations. On motion by Councilwoman Hertzog, seconded by Mayor McFarland, Change Order No. 3, not to exceed $8,500.00, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None FAU Program On motion by Councilwoman Hertzog, seconded by Mayor 1979-82 McFarland, Resolution 79-52, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 79-52 SUPPORTING THE INCLUSION OF MacARTHUR BOULEVARD FROM HARBOR BOULEVARD TO THE SANTA ANA RIVER IN THE 1979- 82 FEDERAL AID URBAN (FAU) PROGRAM, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Right -of -Way On motion by Councilwoman Hertzog, seconded by Mayor Certification McFarland, a Right -of -Way Certification, in connection A.H.-F.P. Project with Arterial Highway Financing Program Project Num - Nos. 923 and 924 bers 923 and 924, Superior Avenue from 17th Street to the south City limits, which is required by the County of Orange prior to obtaining their approval to adver- tise these projects for construction, 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 Agreements for The Director of Public Services has recommended that Appraisal Services agreements be entered into with the following eight appraisers for real property appraisal services for all City projects for the next two years: Charles P. Wadsworth, M.A.I.; Paul G. MacMillan, M.A.I.; Jack R. Strobel, M.A.I.; Mark Hasker Byer, M.A.I.; Robert A. Steele, M.A.I.; Gerald E. Schmitz, M.A.I.; Hugo C. Drumm, M.A.I.; and Joseph A. Mueller, M.A.I. On motion by Councilwoman Hertzog, seconded by Mayor McFarland, the agreements were approved, and the Mayor was 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 Reimbursement A Reimbursement Agreement between the City and McLain Agreement - Development Company, 1470 Jamboree Road, Newport McLain Beach, for joint participation in storm drain con - Development struction in conjunction with Tentative Tract 10275, Clerk's was presented. This agreement outlines the City's Tentative responsibilities for construction of the lateral to Tract 10275 pick up the water from Tract 9866 and the additional by Mayor sizing required for the mainline pipe to receive this McFarland, the bid was water. On motion by Councilwoman Hertzog, seconded by Orange Mayor McFarland, the agreement was approved, and the Orange Turf Mayor and Clerk were authorized to sign on behalf of A, Irvine, the City, by the following roll call vote: amount of AYES: Council Members: McFarland, Schafer, $6,700.00, being the Raciti, Hertzog, Hall meeting NOES: Council Members: None ABSENT: Council Members: None Reimbursement A Reimbursement Agreement between the City and C. J. Agreement - Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, Segerstrom for widening of Sunflower.Avenue east of Fairview McFarland, Road, was presented. This. -agreement, in connection with Tentative Tract 10275 (revised), fulfills the Tentative City's obligation per a 1967 agreement in which the Tract 10275 City formally agreed that in exchange for dedication (Revised) by the landowner for street purposes, the City would None pay for off-site improvements when the parcel is developed other than as agricultural land. The land Members: is now being developed for residential use. On motion by Councilwoman Hertzog, seconded by Mayor McFarland, the agreement 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 Bid Item 399 "A" Bids received for Bid Item 399, Revision "A", One One Rotary Mower Rotary Mower, are on file in the Clerk's office. On motion by Councilwoman Hertzog, seconded by Mayor Awarded McFarland, the bid was awarded to Orange Turf Supply, Orange Turf 17777 Main Street, Suite A, Irvine, in the amount of Supply $6,700.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 421 Bids received for Bid Item 421, 22 La -Z -Boy Chairs, La -Z -Boy Chairs are on file in the Clerk's office. On motion by Councilwoman Hertzog, seconded by Mayor McFarland, the Awarded bid was awarded to Dozar Company, 2656 South Western Dozar Company Avenue, Los Angeles, in the amount of $5,830.00, be- ing the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Counci.l.Members: None ABSENT: Council Members: None Bid Item 422 . . One bid received for Bid Item 422, Labor and Equipment Weed Abatement to Abate Weeds and Rubbish on Selected Vacant Lots in the City of Costa Mesa, is on file in the Clerk's Awarded office. On motion by Councilman Hall, seconded by Gary's Lot Councilman Raciti, the bid was awarded to Gary's Lot Cleaning Cleaning, 222 East 220th Street, Carson, by the fol- lowing roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Roberti-Z'Berg On motion by Councilwoman Hertzog, seconded by Mayor Program - McFarland, Resolution 79-53, being A RESOLUTION OF THE Canyons Park CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE Resolution 79-53 ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PRO- GRAM, in connection with Canyons Park, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Destruction of Pursuant to Government Code Sections 53920 and 53921 1911 Bonds and which authorizes -,the City Treasurer to destroy paid/ Coupons cancelled bonds and coupons with approval from the City Council, a motion was made by Councilwoman Series 9 - Hertzog, seconded by Mayor McFarland, authorizing the Monrovia Avenue destruction of 1911 Street Improvement Assessment Bonds and Coupons, Series 9, Monrovia Avenue, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Accounts The Revenue Supervisor has recommended writeoff of Receivable the following Accounts Receivable items which are Writeoffs uncollectible: Invoice 7041, Toro Pacific, in the amount of $384.67; Invoice 7138, J. Miller, in the amount of $986.44; Invoice 7191, T. McBroom, in the amount of $504.27; and Invoice 7428, Guaranty Chevro- let, in the amount of $783.34, for a total writeoff of $2,658.72. On motion by Councilwoman Hertzog, seconded by Mayor McFarland, the recommended write- offs were approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog; Hall NOES: Council Members: None ABSENT: Council Members: None Concept 7 Group Presented at this time was Item 5 on the Consent Homes and,School Calendar, Notice of Intention to Appeal or Solicit for Charitable Purpose from Concept 7 Group Homes and Denied School, Post Office Box 4747, Anaheim, by pick-up of reusable household goods and personal clothing for sale at their thrift store, May 15 to August 15, 1979. The Revenue Division recommended denial. Hugh Mar- gesson, 1524 West Commonwealth Avenue, Fullerton, representing the applicant, spoke in support of the request. During the discussion which followed, Mr. Margesson answered questions from the Council con- cerning the funding received from Orange County, the type of solicitation to be conducted, and percentage of administrative expenses. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, based on the finding that the percentage of adminis- End of trative expenses exceeds the maximum amount authorized Consent Calendar by the Municipal Code, the request was denied. Mini -warehouse The Clerk presented from the meeting of April 16, Moratorium 1979, a proposed urgency ordinance establishing a moratorium on approval of Conditional Use Permits for mini -warehouses. On motion by Councilman Raciti, Urgency seconded by Councilman Hall,`Ordinance 79-6, being AN Ordinance 79-6 INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Adopted COSTA MESA, PROHIBITING THE PROCESSING OF APPLICATIONS ITS 1 Warrant Resolution 1068 Warrant Resolution 1069 FOR PUBLIC MINI -STORAGE USES WITHIN THE CITY OF COSTA MESA, ADOPTED AS AN URGENCY ORDINANCE AND SETTING FORTH THE REASONS THEREFOR, was adopted by the follow- ing roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: McFarland On motion by Councilwoman Hertzog, seconded by Council- man Raciti, Warrant Resolution 1068 was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None On motion by Councilman Raciti, seconded by Council- woman Hertzog, Warrant Resolution 1069, including Payrolls 7908 and 7909, was approved by the follow- ing roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Arnel Appeal The City Attorney reported that in accordance with his Status memorandum to the Council dated May 3, 1979, a hearing was held on May 1, 1979, in the District Court of Appeals and that all three justices were very inter- ested in this case. In response to questions from the Council, the City Attorney advised that if the ordi- nance is sustained, Arnel will probably appeal to the Supreme Court. If the decision is in the reverse, the City could appeal; or the Attorney General or Superior Court, on their own motions, could bring the case be- fore the Supreme Court. . Agreement - The City Manager presented an agreement between the Hamilton City and William Hamilton and Associates which is a renewal of a previous agreement for personnel programs Personnel within the City. The agreement stipulates a monthly Programs retainer of $150.00, and a $60.00 per hour fee for additional "as needed services". Further, the con- tract is for a one-year period to be automatically renewed for a similar period or until either party gives 60 days notice prior to April 1 of subsequent years. On motion by Mayor McFarland, seconded by Councilman Hall, the agreement was approved, and the City Manager was 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 Public Hearing The Clerk announced that this was the time and -place Weed Abatement set for the public hearing concerning abatement of rubbish and weeds which constitute a public nuisance. The Affidavits of Publishing and Mailing are on file in the Clerk's office. Communications have been re- ceived from Michael Aippersbach, 2314 Fordham Drive, Costa Mesa; and Mrs. Anne Morris, 21010 Union Street, Wildomar, California, concerning the notices which were received by them. Mr. Aippersbach.was present and requested exemption from the weed abatement on property located at the southwest corner of Fair Drive and Fairview Road because of planned construc- tion at this site. After being advised by the City 1 Manager of the relatively low cost to have the City remove the weeds, Mr. Aippersbach withdrew his re- quest for an exemption. Clifford W. Lindsay, 2336 Newport Boulevard, Costa Mesa, asked if there would be any penalty if he cleared the weeds from his property prior to the City's field inspection. The City Manager responded that if the weeds were abated, there would be no further action on the part of the City. There being no other speakers, the Vice Mayor closed the public hearing. On motion by Mayor McFar- land, seconded by Councilwoman Hertzog, Resolution Resolution .79-54 79-54, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INSTRUCTING AND AUTHO- RIZING THE FIRE CHIEF OR HIS DESIGNEE OF THE CITY OF COSTA MESA TO PROCEED WITH THE REMOVAL OF WEEDS AND RUBBISH, 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 ZE-79-47 and set for the public hearing for an appeal of the Plan - RA -79-07 ning Commission's denial of Zone Exception ZE-79-47, OG, Incorporated Redevelopment Action RA -79-07, from Martin Goldberg, authorized agent for OG, Incorporated, 212 North Denied State College Boulevard, Anaheim, for a Conditional Use Permit for figure and fashion modeling and photo- graphic studio at 583 West 19th Street, in C2 and R2 zones. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the Clerk's office. A communication has been re- ceived from -Mike Lennon, 1014 Linden Place, Costa Mesa, in opposition to the request. The Assistant City Attorney gave the background of litigation in- volving this business stating that the City filed a suit on August 28, 1978, seeking a court order to close down the studio since it was operating without a Conditional Use Permit. A Preliminary Injunction was granted on January 25, 1979, but was ordered stayed for 30 days during which time the applicant could file with the City an application for the re- quired Conditional Use Permit. By way of review, OG, Incorporated, applied for the permit with the Plan- ning Commission under Zone Exception ZE-79-47, and at their regular meeting of March 26, 1979, the Commis- sion denied the request. Since the location of this business is in the Redevelopment Area, a hearing be- fore the Redevelopment Agency was required, said hearing having been held on April 4, 1979, under Redevelopment Action RA -79-07, and was also denied. Subsequently, the applicant filed an appeal with the City Council, the request was granted, and a public hearing set for May 7, 1979. The Administrative Assistant for the Redevelopment Agency summarized the history of the application as outlined in the Planning Department's Staff Report of March 26, 1979. Martin Goldberg, 301 El Camino Real, Tustin, authorized agent for OG, Incorporated, was present and read the Superior Court Law and Motion Minute Order of January 25, 1979. Further, he gave his interpretation of the Order; stated that of the three arrests in connection with the studio, no convictions have as yet been obtained; asked for clarification of a portion of the City's zoning ordinance as it pertains to uses in commercial districts; offered to move the studio to another area of the City if the Council could suggest a location; stated that he was not aware of the fact that a Conditional Use Permit was required; and lastly, in response to questions from Council- man Hall and.the Assistant City Attorney, stated he did not.know the names of the officers of the corporation. Discussion followed concerning the interpretations of the Law and Motion Minute Order and the Preliminary Injunction in connection with the Superior Court hearing of January 25, 1979, and the City Attorney requested that both documents be made a part of the official record. Councilman Hall attempted to clarify for Mr. Goldberg that portion of the City ordinance referring to "permitted" and "not permitted" uses in a commercial district. Mike Lennon, 1014 Linden Place, Costa Mesa, spoke in op- position to the request, mentioned the arrests in connection with the studios in both the cities of Anaheim and Costa Mesa, and commended the Council and City staff in attempting to uphold the City's ordinances. In closing, Mr. Lennon offered to donate $50.00 to the cost of litigation. Vice Mayor Schafer requested that Mr. Lennon's letter be entered into the record. Mr. Goldberg left at the beginning of Mr. Lennon's presentation which was at 7:50 p.m. Mark Lauman, 930 Junipero Drive, Costa Mesa, also spoke in opposition to the request and offered to make a donation towards this end. The Planning and Development Services Director reported on the effect of concentration of this type of business, and stated that the area becomes more deteriorated and landowners will not improve their properties when such conditions exist, as has been proven in other cities in the County, and further, that the City's objective in a Redevelopment Area was to eliminate blight. The Assistant City Attorney requested that Staff Reports and Verbatim Transcripts from the Plan- ning Commission meeting of March 26, 1979, and the Redevelopment Agency meeting of April 4, 1979, be en- tered into the record. There being no other speakers, the Vice Mayor closed the public hearing. A motion was made.by Councilman Hall to deny the Conditional Use Permit under Zone Exception-ZE-79-47 and Redevel- opment Action RA-79-07 based on the following: Planning Department Staff Report of March 26, 1979; Planning Commission Minutes of March 26, 1979; Redevelopment Agency Minutes of April 4, 1979; the Study by the City of Los Angeles entitled, "City Plan Case No. 26475" of June, 1977; Superior Court Minute Order dated February 28, 1979; Affidavit in Support of Search Warrant filed June 6, 1978; letter from Mike Lennon dated May 7, 1979;-memorandum to the Planning Commission from the Assistant City Attorney dated March 23, 1979; memorandum to the Planning Commission from Costa Mesa Police Sergeant Gary Web- ster dated March 26, 1979, including the attachments which are statements of two officers who visited the studio; noting that, in particular, findings B, C, D, E, and F containedin the Staff Report of March 26, 1979, under Section III, all in and of them- selves sufficient for denial, including the amend- ment to finding F which was made at the Redevelopment Agency meeting of April 4, 1979, adds the following, "One of .the prime objectives of the Redevelopment Area is to eliminate blight. This activity based on the studies would tend to frustrate this prime ob- jective". The motion was seconded by Councilwoman Hertzog, and carried unanimously. Mayor McFarland commended the staff and the Council on the tremen- dous amount of time and effort spent on an item which was very important to the community. Public Hearing The Clerk announced that this was the time and place ZE-78-182. set.for the public hearing for an appeal of the Plan - Karcher ning Commission's denial of Zone Exception ZE-78-182, from Carl Karcher Enterprises, Incorporated, Post Withdrawn Office Box 4349, Anaheim, for a variance from the provisions of the Sign Ordinance to maintain existing nonconforming signs, located at 1550 Adams Avenue. Environmental Determination: Exempt. The Affidavits of Publishing and Posting are on file in the Clerk's office. A communication has been received from the applicant requesting that the request be withdrawn. There being no speakers, the Vice Mayor closed the public hearing. On motion by Mayor McFarland, sec- onded by Councilman Raciti, and carried, this item was withdrawn as requested by the applicant. Public Hearing The Clerk announced that this was the time and place SA -79-10 set for the public hearing of an appeal of the Plan- Veach ning Commission's -decision for Sign Amortization SA -79-10, Joseph P. Veach, doing business as Ace Key Withdrawn Service, 1872 Newport Boulevard. The Affidavits of Publishing and Mailing are on file in the Clerk's office. No communications have been received. The Planning and Development Services Director reported that the applicant's attorney had contacted his of- fice stating that they will either conform or remove illegal signs as required by the City. There being no speakers, the Vice Mayor closed the public hear- ing. On motion by Vice Mayor McFarland, seconded by Councilwoman Hertzog, and carried, this item was withdrawn. Councilwoman Councilwoman Hertzog left the meeting at this time Hertzog Leaves and therefore did not participate in the voting for the next two items. Public Hearing The Clerk announced that this was the time and place Underground set for the public hearing for the formation of Utility District Underground Utility District No. 13, Harbor Boule- No. 13 vard from Gisler Avenue to Sunflower Avenue. The Affidavits of Publishing and Mailing are on file in the Clerk's office. No communications have been received. There being no speakers, the Vice Mayor closed the public hearing. On motion by Councilman Resolution 79-55 Hall, seconded by Mayor McFarland, Resolution 79-55, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER THIRTEEN ON HARBOR BOULEVARD FROM GISLER AVENUE TO SUNFLOWER AVENUE, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Pacific -Canyon The Clerk announced that this was the time and place Island/Sunset set for the public hearing for proposed "Pacific - Bluffs Annexa- Canyon Island/Sunset Bluffs Annexation to the Costa tion to Park_ Mesa Park and Recreation District, The Affidavits and Recreation of Publishing and Mailing are on file in the Clerk's District office. No communications have been received. There being no speakers, the Vice Mayor closed the public hearing. On motion by Councilman Raciti, seconded by Resolution 79-56 Mayor McFarland, Resolution 79-56, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ACTING AS THE EX -OFFICIO BOARD OF DIRECTORS OF THE COSTA MESA PARK AND RECREATION DISTRICT, OR- DERING THE TERRITORY DESIGNATED AS "PACIFIC -CANYON ISLAND/SUNSET BLUFFS ANNEXATION" ANNEXED TO THE COSTA MESA PARK AND RECREATION DISTRICT, was adopted by the 1..�°" following roll call vote: AYES: Council Members: McFarland, Schafer, Councilmanic Councilwoman Hertzog requested that the Mayor, on Comments behalf of the Council, forward a letter to the Orange Coast College speech team on winning the National Championship, to which the Mayor responded that a letter had been forwarded to the two instruc- tors with copies to the participants. 1 1 1 Raciti, Hall NOES: Council Members: None ABSENT: Council Members: Hertzog Councilwoman Councilwoman Hertzog returned to the Council table Hertzog Returns at this time. EP -79-01 The Clerk presented Encroachment Permit EP -79-01, Jedinak Russell M. Jedinak, 16551 Brookhurst Street, Foun- tain Valley, to allow a newly constructed sign to project into the public right-of-way, for property located at 2300 Harbor Boulevard, in a C1 -S zone. Environmental Determination: Exempt. The Planning Commission recommended approval subject to one con- dition. The Planning and Development Services Director reported that the sign had inadvertently been installed so that it overhangs a public ease- ment by eight inches, and that because of the height of the sign and the fact that the area beneath it is landscaped, the sign does not constitute a hazard. He also recommended that another condition be added if the permit is approved: that a Declaration of Land Use Restriction acceptable to the City Attorney shall be filed with the City and recorded, requiring the removal of all nonconforming above -roof signs, in accordance with the Planned Sign Program. On motion by Councilman Hall, seconded by Mayor McFarland, and carried, the permit was approved subject to the con- dition of the Planning Commission and the additional condition recommended by the Planning and Development Services Director. Request to The Clerk presented a request to appeal the Planning Appeal ZE-79-64 Commission's denial of Sign "A" in connection with Watt/Tarnutzer Zone Exception ZE-79-64, from Rachel Watt, authorized agent for Tarnutzer Family Trust, Post Office Box 246, Referred Back Costa Mesa, for property located at 2915 Red Hill Ave - to Planning nue. Environmental Determination: Exempt. The Commission Planning and Development Services Director explained that the application for appeal cites new evidence as a basis for the request, and if that is the case, a rehearing before the Commission would be the appro- priate action. The applicant has been advised of this recommendation and is willing to have the rehearing before the Commission. On motion by Mayor McFarland, seconded by Councilman Hall, and carried, this item was referred back to the Planning Commission. Oral Martin Fassell, 2070 Newport Boulevard, Costa Mesa, Communications spoke concerning the public hearing for Zone Excep- tion ZE-79-47, heard earlier in the meeting, and ZE-79-47 suggested that the business permit procedure be modi- fied listing those businesses which require heavier police concentration and charging them accordingly. He also recommended that these types of operations be required to post a bond to indemnify neighbor- ing businesses from damage or loss of income. Councilmanic Councilwoman Hertzog requested that the Mayor, on Comments behalf of the Council, forward a letter to the Orange Coast College speech team on winning the National Championship, to which the Mayor responded that a letter had been forwarded to the two instruc- tors with copies to the participants. 1 1 1 1 1 1 Adjournment The Vice Mayor adjourned the meeting at 8:25 p.m. w r a -,W/ -- ayor f the City of Costa Mesa ATTEST: . p City Clerk of the City of Costa sa