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HomeMy WebLinkAbout06/04/1979 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 4, 1979 The City Council of the City of Costa Mesa, California, met in regular session on June 4, 1979', at 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, followed by the Pledge of Allegiance to the Flag, and Invocation by Doctor Gary Barmore, Fairview Community Church. Roll Call Council Members Present: McFarland, Schafer, Raciti, Hertzog, Hall Council Members Absent: None Officials Present: City Manager, City Attorney, Planning and Development Services Director, Director of Public Services, City Clerk Minutes On motion.by Councilman Hall, seconded by Councilwoman May 21, 1979 Hertzog, and carried, the minutes of the regular meeting of May 21, 1979, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Schafer, and carried, to read all ordinances by title only. CONSENT CALENDAR. On motion by Councilwoman Hertzog, seconded by Councilman Hall, all items in the Consent Calendar 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 Assembly Bill A resolution from the City of Garden Grove, declaring 1343 its opposition to Assembly Bill 1343 in connection with local law enforcement, was presented. On motion by Councilman Hall, seconded by Councilwoman Hertzog, Resolution 79-63 Resolution 79-63, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DE- CLARING ITS OPPOSITION TO ASSEMBLY BILL 1343, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Reading Folder The following Reading Folder items were received and processed: Claims The following claims were received by the City Clerk and no action was required: Bob Ward; Polly McOlash; Allstate Insurance Company on behalf of Edgar N. Harrell, Jr.; Thomas V. Slavin on behalf of Michael J. Slavin, a minor; Arvid C. Townsend; Karen Kay Carlson; and Attorney Donald Peters on behalf of Norrma Samuels. �1 1 Annual Jail Report from the Orange County Human Services Inspection Agency on the annual inspection of the Costa Mesa City Jail. Traffic Signal A letter from the Bear Street School Parent- Bear-Paularino- Faculty Organization expressing concern over Yukon the potential increased traffic at the inter - Intersection section of Bear Street, Paularino Avenue, and Yukon Avenue, and also urging that priority be given to complete the installation of the planned signal by September, 1979. Cruelty to A letter from the National Catholic Society for Animals Animal Welfare, Incorporated, 290 Dolphin Way, Laguna Beach, concerning cruelty to horses End during the rodeo at the Orange County Fair - Reading Folder grounds. Set for Public The following items were set for public hearing on Hearing June 18, 1979, at 6:30 p.m., in the Council Chambers Resolution 79-64 of City Hall: R-79-02 Rezone petition R-79-02, Kamph and Jackman, Kamph/Jackman authorized agents for Lillian Kamph, 1320 East Ocean Front, Balboa, for permission to rezone property located at the southeast corner of Red Hill Avenue and Clinton Avenue, from MP to CL (Limited Commercial). Environmental Determi- nation: Negative Declaration. R-79-04 Rezone Petition R-79-04, Dean Stubblefield and Stubblefield/ Larry Gilbert, authorized agents for Arlan and Gilbert/ Dorothy Pentecost, 229 Del Mar Avenue, Costa Pentecost Mesa, for permission to rezone property located at the above address, from R1 to R2. Environ- mental Determination: Negative Declaration. R-79-05 . Rezone Petition R-79-05, D. Clarke Fairbrother, Fairbrother/ authorized agent for Raymond Shannon, 2112 Shannon North Freeman Street, Santa Ana, for permission to rezone property located at 2065 Charle Street and adjacent lot to the south, from R2 to R3. Environmental Determination: Negative Declaration. Claim - Weiss On motion by Councilwoman Hertzog, seconded by Council - Denied man Hall, and carried, the claim of Marie D. Landers and Michele A. Weiss, a minor, was denied. Claim - Pew On motion by Councilwoman Hertzog, seconded by Council - Denied man Hall, and carried, the claim of Miriam Pew was denied. Prohibition of The Traffic Commission has recommended prohibition of Parking on Wake parking on Wake Forest Road between Fairview Road and Forest Road the Harbor Shopping Center for street sweeping purposes. On motion by Councilwoman Hertzog, seconded by Resolution 79-64 Councilman Hall, Resolution 79-64, being a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, PROHIBITING PARKING ON THURSDAYS BETWEEN 8:00 A.M. AND 10:00 A.M., ON WAKE FOREST ROAD FOR THE PURPOSE OF STREET SWEEPING, was adopted by the follow- ing roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Tract 7797 The improvements for Tract 7797, located in the Roy'J. Ward general area of Joann Street and Pamela Lane, have been completed by Roy C. Ward, 4321 Birch Street, ��6J�ei, of u� Newport Beach, to the satisfaction of the Director of Public Services. On motion by Councilwoman Hertzog, seconded by Councilman Hall, 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 Agreement On motion by Councilwoman Hertzog, seconded by Council - State of California man Hall, an agreement between the City and the State Routes 55, 73 and of California, superseding four previous agreements 405 entered into in 1963 on Routes 55, 73 and 405 (Costa Mesa, Corona Del Mar and San Diego Freeways) 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 Easement to A grant of easement from the City to Pacific Telephone Pacific Telephone and Telegraph Company in the vicinity of South Coast South Coast Drive Drive, east of Fairview Road, was presented. The Pacific Telephone Company is planning to provide underground service to the new subdivisions in that area, at no cost to the City. In connection with their project, they will require a 5.00 -foot wide easement through a portion of the City -owned property in Tract No. 10277. On motion by Councilwoman Hertzog, seconded by Councilman Hall, the grant of easement was approved, and the Mayor and Clerk were authorized to execute the deed, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Final Map On motion by Councilwoman Hertzog, seconded by Council - Tract 10522 man Hall, Final Map for Tract No. 10522, C. W. Howe, Howe Incorporated, developer, 4 Buckboard Lane, Rolling Hills, 35 lots, 2.39 acres, located at 2460 Fairview Road, for condominium purposes, was approved; the Council did also accept on behalf of the City of Costa Mesa: all vehicular access rights to Fairview Road at driveway locations; did also approve subject map pursuant 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 follow- ing roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Street Maintenance The Director of Public Services has recommended a Project 1978-79 change order to the Sully -Miller contract for Street Maintenance Project 1978-79 to accomplish resurfacing Change Order of the City Hall and Police Department parking lot No. 1 facilities. On motion by Councilwoman Hertzog, seconded by Councilman Hall, Change Order No. 1, not to exceed $38,000.00, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None 1 1 Agreement On motion by Councilwoman Hertzog, seconded by Council- Extension man Hall, an extension through the end of the current - Bearden calendar year of the agreement between the City and Bearden and Associates, 702 E1 Camino Real, Tustin, for polygraph services, with all terms and conditions of the existing contract to remain the same, 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 Landscape A proposed resolution and City Engineer's report were Assessment presented, constituting the second step in a three- District No. 2 step procedure for establishing Landscaping Assessment Tract 10513 District No. 2, for maintenance of the landscaped setbacks and parkways on Bear Street and Yukon Avenue and the pedestrian access from the tract to the adja- cent public park, to levy assessments against proper- ties within the District, pursuant to the Landscaping and Lighting Act of 1972, Streets and Highways Code, Section 22500 et seq. The first step was taken on February 5, 1979, when the Council adopted a resolution initiating the proceedings and ordering preparation of the City Engineer's report. On motion by Councilwoman Hertzog, seconded by Councilman Hall, the report was Resolution 79-65 accepted and approved, and Resolution 79-65, being A Intention To RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Levy Assessment MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE FORMATION OF CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 2, AND GIVING NOTICE OF A TIME AND PLACE FOR A PUBLIC HEARING ON SAID FORMATION, AND THE LEVY OF AN ASSESSMENT ON SAID DISTRICT, setting a public hearing for June 28, 1979, was adopted by the follow- ing roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Refund On motion by Councilwoman Hertzog, seconded by Council- man Hall, based on the recommendation of the Planning EMKAY Department, the request from EMKAY Development and Realty Company, 1201 Dove Street, Newport Beach, for improvements at 3390 Harbor Boulevard, for refund of a $30,000.00 cash deposit, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall End Consent NOES: Council Members: None Calendar ABSENT: Council Members: None Appeal from CHAD The City Clerk presented an appeal from the Orange County Combined Health Agencies Drive (CHAD) of a Council action taken at the last Council meeting to uphold an administrative decision not to allow City employee payroll deductions in connection with a charity drive by this organization. Tom Haywood, Campaign Director for CHAD, 1800 East La Veta, Orange, spoke, giving a brief history of CHAD, and answering questions from the Council regarding the agency. Jim Davidson, representing the Orange County Chapter of Multiple Sclerosis Society, 11752 Garden Grove Boule- vard, Garden Grove, spoke on behalf of the small agencies in Orange County. The City Manager reaffirmed his previous statement that there was no objection to CHAD having a fund drive with City employees at a time Edison Company Power Plant Resolution 79-66 different than the United Way campaign. On motion by Mayor McFarland, seconded by Vice Mayor Schafer, and carried, Councilwoman Hertzog abstaining, the admini- strative decision was upheld, and the request for payroll deduction was denied. The Director of Planning and Development Services presented an amended resolution concerning selection of the Huntington Beach site as the location for a new Southern California Edison Company power plant. This item was continued from the meeting of April 21, 1979, in order to allow the Council Members to obtain more information. During discussion Councilman Hall re- quested a few minor changes, and on motion by Council- man Hall, seconded by Vice Mayor Schafer, Resolution 79-66, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, EXPRESSING ITS CONCERN AND CONDITIONAL SUPPORT TO THE PROPOSED SOUTHERN CALI- FORNIA EDISON COMBINED CYCLE GENERATING STATION AT THE HUNTINGTON BEACH SITE, was adopted as amended by Council, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Vending Machines On motion by Councilwoman Hertzog, seconded by Council- man Raciti, Ordinance 79-7, being AN ORDINANCE OF THE Ordinance 79-7 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted AMENDING CHAPTER VI OF TITLE 11 OF THE COSTA MESA MUNICIPAL CODE CONCERNING THE REGULATION OF VENDING MACHINES ON THE PUBLIC RIGHT OF WAY, was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman Raciti, seconded by Mayor Resolution 1071 McFarland, Warrant Resolution 1071, including Payroll 7911, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman Raciti, seconded by Council - Resolution 1072 woman Hertzog, Warrant Resolution 1072 was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Former Mayor Mayor McFarland acknowledged the presence in the Recognized audience of former Mayor Alvin L. Pinkley and Mrs. Pinkley. Status Report The City Attorney referred to his memorandum to the Council dated May 31, 1979, regarding the status of 'the following cases: Billboard suit for Metromedia, Sunshine Studios, Fenn, Arnel, and Spoiler Yachts, and there were no questions from the Council. Amici Briefs Based on the recommendations of the City Attorney, as outlined in his memorandum to the Council dated June 1, 1979, a motion was made by Vice Mayor Schafer, seconded'by Councilwoman Hertzog, and carried, autho- rizing the City of Costa Mesa to lend its name to the following briefs: Blake versus City of Los Angeles, employment discrimination, and United States versus the City of Los Angeles, appropriate standards for certain injunctions. 1 1 1 I to Amici Briefs The City Attorney referred to his memorandum to the Council dated June 1, 1979, concerning three addi- tional amici briefs involving tort liability as regards public entities, recommending the City lend its name to the briefs, and suggesting a donation be made. During discussion, Councilman Hall requested the City Attorney obtain more information and a cost estimate before further consideration. On motion by Vice Mayor Schafer, seconded by Councilman Hall, and carried, authorization was given for the City to support in name only the following briefs: Dot versus Superior Court; City of Redondo Beach versus Superior Court; and County of Los Angeles versus Superior Court. Curry versus The City Attorney reported that a suit was pending City against the City of Costa Mesa and some of its employ- ees, and recommended that defense begin. On motion by Councilman Hall; seconded by Mayor McFarland, and' carried, authorization was given to proceed under a reservation of rights in Curry versus City of Costa Mesa. Condemnation The City Attorney referred to his memorandum to the Appraiser for Council dated June 4, 1979, requesting an additional Loukides/RMA appraiser for two of the cases in the condemnation Properties area, Loukides and RMA. On motion by Councilman Hall, seconded by Councilman Raciti, the City Manager was authorized to hire and retain Robert A. Steele, Landauer Associates, Incorporated, 515 North Cabrillo Park Drive, Santa Ana, as an additional appraiser for a second opinion, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hertzog Agreement - The City Manager presented a proposed agreement McCulloch between the City and William C. McCulloch, AIA, and Associates, 260 Newport Center Drive, Suite 330, City Hall Newport Beach, for architectural and construction Remodeling management services for the remodeling of the Civic Administration Building. On motion by Councilwoman Hertzog, seconded by Councilman Hall, the agreement in the amount of $40,200.00 was approved, and the City Manager was authorized to execute said document, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Retirement Plan The City Manager presented the final implementation of Safety Employees the administrative and benefit change provisions as were negotiated in 1977 with the Costa Mesa Police Association and the Teamsters Union in the current two-year agreement. The changes are to reduce the employees' retirement contribution from ten percent to nine percent; utilizing the salary over the highest consecutive 12 months versus the highest 36 months as the base for retirement calculations; provide service credit for unused.sick leave; and providing for one- half the retiree's monthly benefits to a surviving beneficiary without reducing the normal monthly retirement for the employee. The funding increase for these changes will be approximately 5-1/2 percent, beginning July 1, 1979, thus bringing the City's contribution for safety employee retirement to 19-1/2 percent of covered safety payroll. On motion by Vice 1 1 1 Mayor Schafer, seconded by Councilman Hall, changes to the safety employees retirement plan effective July 1, 1979, were 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 Retirement Plan The City Manager presented a proposed contract amend - Non -Safety ment, similar to the one for safety employees, allow - Employees ing for one-half continuance post-retirement survivors' allowance; this additional benefit costing 1.721 per- cent of covered non -safety payroll, bringing the total City non -safety retirement contribution to 9.479 per- cent of covered non -safety payroll. This is the initial action of the post-retirement survivor allow- ance, (Section 21263/21263.1) and is to be scheduled for final action and adoption at a July Council meet- ing. On motion by Vice Mayor Schafer, seconded by Resolution 79-67 Councilwoman Hertzog, Resolution 79-67, being A Intention to Amend RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Retirement Plan MESA, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINI- STRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Social Service The City Manager presented a third and final recom- Revenue Sharing mendation from the Social Services Revenue Sharing Allocation Committee for allocations for the current fiscal year, Recommendations as outlined in his memorandum to the City Council, dated May 22, 1979. During discussion, Councilwoman Hertzog stated that she had not been able to obtain from Orange County an accounting of funds spent by the Feedback Foundation, Incorporated (Project TLC). A request of $15,000.00 from Christian Temporary Housing Facility was recommended for denial. On motion by Mayor McFarland, seconded by Vice Mayor Schafer, $11,950.00 of the Federal Revenue Sharing funds were approved for allocation to Youth Employment Services, $6,500.00; Share Our Selves, $4,000.00; and Feedback Foundation, $1,450.00, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: Hertzog ABSENT: Council Members: None Public Hearing The City Manager announced that this was the time and Federal Revenue place set for the public hearing on the proposed use Sharing Funds of Federal Revenue Sharing funds to be appropriated in the Fiscal Year.1979-80 City Budget. The City of Costa Mesa will be receiving approximately $1,100,000.00 in Revenue Sharing funds from the Federal government. The City Manager recommended the amount of $50,000.00 for Social Revenue Sharing monies; $300,000.00 for Street Maintenance Program for 1979-80; and $750,000.00 for the Civic Center Annex project. This follows the policy adopted by the Council two years ago concerning the yearly appropri- ations of these funds. There being no speakers, the Mayor closed the public hearing. On motion by Mayor McFarland, seconded by Councilwoman Hertzog, the amended Federal Revenue Sharing funds were approved, with $300,000.00 for 1979-80 Street Maintenance 1 1 1 Program remaining the same, $700,000.00 allotted for the Civic Center Annex project, and $100,000.00 for the.Social Revenue Sharing, keeping in reserve 10 percent for Social Revenue Sharing funds, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None 1979-80 The City Manager.presented the proposed 1979-80 City City Budget budget, in the amount of $24,416,775.00, for approval. This represents an increase of 8-1/2 percent compared to the adjusted 1978-79 budget. Recommendations for total appropriations for Operations are $19,179,525.00, an 0.5 percent decrease, and the balance of $5,237,250.00 for Capital Improvements, a 62 percent increase over this fiscal.year's appropriations for capital improvements. This does not include any salary adjustments which must be negotiated between July and October with City employees. It does include normal merit increases, promotions, and reclassifica- tions.. In 1978, the City had 532 full-time positions. The number of positions have been cut to 505, by attrition, which is above the recommended goal re- quested by the Council. The City Manager recommends that if the service levels the City has rendered in the past are to be maintained, the number of full-time positions be kept at 505. Capital Improvements are higher, including storm drains for Anaheim Avenue. The total resources are $24,579,210.00 which is an increase of 9.7 percent over the last year. The property tax this year will be $2,347,000.00 which amounts to approximately 9.6 percent of the City's revenue. The sales tax yield is estimated to be $10,300,000.00 which is a 17 percent increase over last year's estimate. The sales and use tax repre- sents 41.9 percent of the City's revenues. The City Manager again recommended a 25 percent cash reserve in the operating budget. The City is using a program budget as well as a line item budget for a better indication of true cost of the programs that we are carrying. He expressed his personal thanks to Bob Oman, Director of Finance, for an outstanding job, and to Dick Greer, Budget and Research Analyst. The City Manager addressed the Council concerning his hope that the budget meets the Council's priorities that they have established in the last two years, and his pleasure at the thought and time put in by the Council in studying this budget. Councilman Hall stated that the actual operations of the City are only up two percent. Former Mayor Alvin L. Pinkley expressed his pleasure at the outcome of many months of work by the Council and the staff, and his particular approval of the addition of a new $45,000,000.00 music hall in Costa Mesa. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, the 1979-80 City Budget was approved as written and presented, 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 City Clerk announced that this was the time and Revocation of place set for public hearing to consider the revocation ZE-78-117 of Zone Exception Permit ZE-78-117, Harry D. Schwimmer, Schwimmer/McVay 2115 Indian Creek Road, Diamond Bar, authorized agent for C. H. McVay, 2210 Lake Park Lane, Newport Beach, Held Over for a variance from required on-site parking in con- junction with a dance studio located at 1695 Irvine Avenue, in a C2 zone. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning and Development Services Director summarized the application as outlined in the staff report, and based on the fact that the applicant has met one of the two conditions required, recom- mended this hearing be continued to the meeting of July 2, 1979, to allow the Planning Commission time to consider a new Zone Exception permit at their meeting of June 25, 1979. Both items could be considered at one time. A motion was made by Vice Mayor Schafer, seconded by Councilman Raciti, and carried, to con- tinue this item to the meeting of July 2, 1979. Public Hearing The Clerk announced that this was the time and place R-79-03 set for the public hearing of Rezone Petition R-79-03, Ray/Diocese James W. Ray, 188 East 17th Street, authorized agent of Orange for Bishop William R. Johnson, Diocese of Orange, 440 South Batavia Street, Orange, for permission to rezone property from R1 to PDR -LD, -Planned Development -Low Density, located at the southeast corner of Adams Avenue and Placentia Avenue.. Environmental Deter- mination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning and Development Services Director requested that Zone ZE-79-75 _ Exception Permit ZE-79-75, for a Conditional Use Permit to allow a 23 -unit planned development at the same location as shown above, be considered at the same time and summarized the application as outlined in the staff report. There is an alternate plan for ingress and egress from Adams Avenue, which will require Council to relinquish access rights on Adams Avenue at that point. The Planning Commission has recommended approval of both the Rezone Petition and the Zone Exception Permit, based on the fact that the project is consistent with the land use designation of the General Plan, the development is consistent with the proposed zoning and standards of the PDR -LD zone, and the project will not be detrimental to any of the surrounding properties. The applicant, James W. Ray, spoke in support of the applications. Architect, Armando Vasquez, 408 North El Camino Real, San Cle- mente, spoke concerning the proposed project's sensi- tivity to the neighbors, and the contemporary Spanish style of the buildings. 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 Ordinance 79-8 adopted, and Ordinance 79-8, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOT 18, TRACT 5781, FROM R1 TO PDR -LD 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 ZE-79-75 Councilman Hall made a motion, seconded by Vice Mayor Ray/Diocese Schafer, and carried, that Zone Exception ZE-79-75 be Of Orange approved to allow a 23 -unit development based on the Planning Commission's recommendations, and the Planning staff's findings, subject to the conditions as recom- mended by the Planning Commission, and incorporating the additional ingress and egress on Adams Avenue. Recess The Mayor declared a recess at 8:35 p.m., and the meeting reconvened at 8:50 p.m. Public Hearing The Clerk announced that this was the time and place Landscaping set for the public hearing for intention to levy and ' Assessment collect assessments during Fiscal Year 1979-80 within District No. 1 the City of Costa Mesa Landscaping Assessment District Tract 9901 No. 1. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Held Over The Planning and Development Services Director advised the Council that Resolution No. 78-53 was adopted last year regarding this District, but the assessment of $94.22 was not placed on the 1978-79 tax bills, and letters have been sent to all residents of the subject property indicating that they could pay the assessment this year or could have the amount placed on next year's assessment. After the landscaping was installed and maintenance began in October, 1978, the actual cost to the City exceeded the original assessment by $896.99. The Landscaping and Lighting Act of 1972, under which the District was formed, allows annual assessments to be -,adjusted to make up for excessess or shortages from the previous year. Estimated costs are less for the second year but because of the adjustment necessary to recoup the shortage from the first year, the assessment will increase from $94.22 to $105.39 per.lot. The costs are based on a pro -rated estimate between April 1, 1979, and -June 30, 1979. The Planning Staff recommends that this hearing be continued to the June 18, 1979, meeting to permit Staff to compute actual costs to within two weeks of the close of the fiscal year. Robert Simmons, 1021 Damascus Circle, asked for a breakdown of the costs as were presented on his tax assessment. Mr. Simmons feels he could do the work at a cost less than what the City i -s project- ing. The original assessment proposal dated October 10, 1977, was $35.00. The Director of Planning and Development Services explained that the Department of Real Estate called for a figure and the Leisure Services Department recommended an amount based on their maintenance costs of comparable areas of parks. Councilman Raciti recommended that the City let the residents organize their own Homeowners Association. The City Attorney advised that according to the statute involved in the Landscaping and Lighting Act of 1972, found in the California Streets and Highways code, Section 22676, the maintenance can be performed by a district, the local agency conducting proceedings, any public agency or a public utility. He does not feel we could contract with a Homeowners Association, under the provisions of the statute. The City Manager suggested the City determine who the "District" is, and perhaps the staff and the homeowners could work out an arrangement regarding the formation of a Homeowners Association.' Ed Rath, 1025 Damascus Circle, active in California Landscape Contract Association, and the California Association of Nurserymen, and manager for a wholesale seed company, feels that a private enterprise could perform at lesser cost, and perhaps the City could contract it out. Jack Berry, 1037 Damascus Circle, asked about the number of land- scaping districts in the City. The Mayor stated that this District is the first one of its kind in the City. On motion by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, this item was continued to the meeting of June 18, 1979. Public Hearing The Clerk announced that this was the time and place Proposed Land- set for the public hearing of the proposed ordinance scape Ordinance amending Title 13 of the Costa Mesa Municipal Code adopting landscape requirements and standards for all Held Over districts, except Rl. The City Manager recommended that this item be held over for further discussion. I� 1 1 On motion by Vice Mayor Schafer, seconded by Council- man Raciti, and carried, this item was continued to the meeting of July 16, 1979. Public Hearing The Clerk presented a proposed resolution of intention Abandonment of to order the vacation of that portion of Victoria Victoria Street Street and Victoria Place located adjacent to 1110, and Victoria 1118, and 1124 Victoria Street, setting a time and Place place for hearing all persons interested in or object- ing to the proposed vacation. Jean Robins, 1807 Tahiti Drive, inquired as to whether the Water District would retain its easement. The Planning and Develop- ment Services Director explained that it was a part of the Planning Commission's recommendation of May 14, 1979. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Schafer, Resolution 79-68 seconded by Councilwoman Hertzog, Resolution 79-68, Hearing Set being A RESOLUTION OF THE`CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF VICTORIA STREET AND VICTORIA PLACE, setting a public hearing on July 2, 1979, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raci ti , - Hertzog,• Hal l NOES: Council Members: None ABSENT: Council Members: None G and W Towing The Clerk presented a request from Attorney Donald E. Smallwood on behalf of G and W Towing, Incorporated, Police Rotation 740 Ohms Way, Costa Mesa, to be placed on the police List towing rotation list. Donald Smallwood, 366 San Miguel Drive, Suite 300, Newport Beach, spoke on Held Over behalf of the applicant. Dan Ashcraft, of Mesa Towing Service, 2970A Grace Lane, Costa Mesa, said that in the past, there -had been a study session before a towing company has been allowed to be put on the police rotation list. During discussion, questions were raised concerning the charges and storage fees, and franchising the service. After further discus- sion, on motion was made by Councilman Hall, seconded by Councilwoman Hertzog, and carried, this item was referred to the Study Session on July 9, 1979, at 2:00 p.m., in the fifth floor Conference Room of City Hall, and continued to the Council meeting of July 16, 1979. The Mayor suggested that the three other companies presently on the list, and any other towing companies with a base location in the City be invited to the Study Session. EP -79-02 The Clerk presented Encroachment Permit EP -79-02, Union Oil/ Union Oil Company of California, authorized agent for LaBorde Matthew M. Laborde, Post Office Box 792, Solana Beach, to allow encroachment for signs and portion of a canopy and other improvements in the public right-of- way, located at 393 East 17th Street, in a C2 zone. Environmental Determination: Exempt. The Planning and Development Services Director summarized the staff report. The Planning Commission has recommended approval, subject to the condition that the applicant shall file a "hold harmless" agreement relieving the City of liability, acceptable to the City Attorney. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, Encroachment Permit EP -79-02 was approved, based on the Planning Commission's recom- mendations and staff findings, and subject to condi- tions as recommended by the Planning Commission. EP -79-03 The Clerk presented Encroachment Permit EP -79-03; RMA RMA Planning Planning Group, Incorporated, authorized agent for Group/Hardesty Thomas K. Hardesty, 2082 Michelson Drive, Irvine, to allow encroachment of existing improvements into the I� 1 1 16 Request to Appeal The Clerk presented a request to appeal the Planning ZE-79-63 Commission's denial of Zone Exception ZE-79-63, from Thurston Roger Thurston, authorized agent for Arthur Thurston, 2468-E Elden Avenue, Costa Mesa, for a variance from Denied parking requirements to legalize conversion of two garages to living areas. Environmental Determination: Exempt. The applicant was not present. On motion by Mayor McFarland, seconded by Vice Mayor Schafer, and carried, the request was denied. public right-of-way, located at 152 East 19th Street, in an R2 zone. Environmental Determination: Exempt. The Planning and Development Services Director sum- marized the staff report, and explained that the existing improvements include a porch that would have to be removed if the widening of 19th Street occurs. The Engineering Department has advised that it would not be necessary to acquire the additional right-of- way, in view of the fact that the curbs will not be relocated, and it would be satisfactory to accept a three-foot public utility easement behind the existing right-of-way line, which would not require removal of the porch. The Planning Commission has recommended approval, subject to six conditions, as outlined in the staff report. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, En- croachment Permit EP -79-03 was approved, based on the Planning Commission's recommendations and staff findings, and subject to the conditions as recommended by the Planning Commission. Request to.Ap.peal The Clerk presented a request to appeal the Planning ZE-79-68/RA-79-08 Commission's denial of Zone Exception ZE-79-68, Ragan Redevelopment Action RA -79-08, from Terrance and Sheila Ragan, No. 8 Collins Island, Balboa Island, for Held Over a Conditional Use Permit to convert 75 apartment units to condominiums and to demolish four apartment units, located at 1845 Anaheim Avenue, in an R2 zone. En- vironmental Determination: Exempt. The Mayor advised that Tom Peckinpaw, attorney for the Ragans, spoke to members of the Council before the meeting convened and requested that this item be continued until after the meeting of the Redevelopment Agency on July 5, 1979. On motion by Mayor McFarland, seconded by Councilwoman Hertzog, and carried, the request was continued to the meeting of July 16, 1979. Request to Appeal The Clerk presented a request to appeal the Planning ZE-79-64 Commission's denial of Zone Exception ZE-79-64, Rachel Watt/Tarnutzer Watt, authorized agent for Tarnutzer Family Trust, Post Office Box 246, Costa Mesa, for amendment to the Held Over Planned Signing Program, for property located at 2915 Red Hill Avenue, in a PDI zone. Environmental Deter- mination: Exempt. Christy Love, 2915 Red Hill Ave- nue, representing the applicant, stated that the tenant who owns the sign has requested a continuance. On motion by Councilman Hall, seconded by Councilman Raciti, and carried, the request was continued to the meeting of June 18, 1979. Request to Appeal The Clerk presented a request to appeal the Planning ZE-79-70 Commission's denial of Zone Exception ZE-79-70, from Reinert/Wada/ Jack Reinert, authorized agent for Helen S. Wada, 4401 Mukai Stinson Drive West, Columbus, Ohio, and Yuri H. Mukai, 635 Irvine Avenue, Newport Beach, for a variance from Hearing Set provisions of the Sign Ordinance, for property located at 1816 Newport Boulevard, in a C2 zone. Environ- mental Determination: Exempt. On motion by Council- man Hall, seconded by Vice Mayor Schafer, and carried, the request was granted, and a public hearing was set for June 18, 1979, at 6:30 p.m. Request to Appeal The Clerk presented a request to appeal the Planning ZE-79-63 Commission's denial of Zone Exception ZE-79-63, from Thurston Roger Thurston, authorized agent for Arthur Thurston, 2468-E Elden Avenue, Costa Mesa, for a variance from Denied parking requirements to legalize conversion of two garages to living areas. Environmental Determination: Exempt. The applicant was not present. On motion by Mayor McFarland, seconded by Vice Mayor Schafer, and carried, the request was denied. Councilmanic Councilwoman Hertzog expressed her opinion regarding Comments advertising aired on KABC radio, for South Coast Plaza, which lists a group of exclusive specialty South Coast Plaza stores, which are located "just off the 405 Freeway, Advertising at Bristol Street, north of Newport Beach". The City of Costa Mesa is not mentioned in the advertising. Warner Escher, Publicity Director of South Coast Plaza, has been contacted, and it was suggested that pride in this City is great, it is becoming the cultural center of the County, and Costa Mesa should not be thought of as just being north of Newport Beach. Mayor McFarland commented that he had seen advertising stating that South Coast Plaza was "min- utes from Newport Beach." Two Redevelopment Vice Mayor Schafer reminded the Council that there Meetings will be two Redevelopment Agency Meetings this month: on June 6, and June 12. Adjournment The Mayor adjourned the meeting at 10:35 p.m. Mayor of the C7ty of -Costa Mesa' ATTEST: G.D p City Clerk of the City of Costa a 1 1 1