Loading...
HomeMy WebLinkAbout06/18/1979 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 18, 1979 The City Council of the City of Costa Mesa, Cali- fornia, met in regular session on June 18, 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 Alle- giance to the Flag, and Invocation by the Mayor. Roll Call Council Members Present: McFarland, Schafer, Raciti, Hertzog, Hall Council Members Absent: None Officials Present: City Manager, City Attorney, Assistant Planning Director, Director of Public Services, City Clerk Minutes On motion by Councilwoman Hertzog, seconded by Vice June 4, 1979 Mayor Schafer, and carried, the minutes of the regular meeting of June 4, 1979, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilwoman Hertzog, seconded by Mayor McFarland, and carried, to read all ordinances by title only. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 8, Annual requalifi- cation of Costa Mesa in the Arterial Highway Financing Program; and Item 10, Pedestrian easement and agree- ment for One Town Center Project, was removed from the agenda and will be discussed at a later date. On motion by Vice Mayor Schafer, seconded by Council- man Raciti, 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 Reading Folder The following Reading Folder items were received and 'processed: C.laim The claim of Attorney Jeffrey S. Cohen, on behalf of George Gerner, Sr. and Kathryn G. Gerner, was received by the City Clerk and no action was required. Local Agency Notice of public hearing on June 13, 1979, from Formation the Orange County Local Agency Formation Commission Commission on the following annexations: Proposed annexations to Costa Mesa Sanitary District, designated Engineer's No. 184, Paularino Avenue and Canadian Drive; No. 185, Sunflower Avenue and Harbor Boulevard; No. 186, Paularino Avenue and Pullman Street; No. 187, Fairview Road and South Coast Drive; No. 188, Paularino Avenue, Bear Street, and the Corona del Mar Freeway; No. 189, Bear Street, Baker Street, and Babb Street; No. 190, Harbor Boule- vard, Village Way, and College Street; No. 191, Sunflower Avenue and Harbor Boulevard; and No. 192, Paularino Avenue and Babb Street. J Notice of public hearing on June 27, 1979, from the Orange County Local Agency Formation Commission on the following annexations: Proposed annexations to Costa Mesa Sanitary District, designated Engineer's No. 180, in the general area of Bear Street, Sunflower Avenue, San Leandro Lane, and Gisler Avenue; and No. 183, in the general area of Bear Street, Olympic Avenue, and Canadian Drive. Newspaper Vending Letter from Jeff Taylor, 2257 Maple Street, Machine Materials Apartment F, Costa Mesa, opposing pornographic publications displayed in newspaper vending machines. Alcoholic Beverage Alcoholic Beverage License applications for Licenses which parking has been approved by the Planning Department from: Von's Grocery Company, doing business at 183 East 17th Street; Long John Silver's, Incorporated, doing business as Long John Silver's Seafood Shoppe, 3095 Harbor Boulevard; and Betty J. and Carl E. Anderson, End - doing business at 2052 Newport Boulevard, Reading Folder Suite 15. Business Permit On motion by Vice Mayor Schafer, seconded by Council- man Raciti, and carried, the request from the Costa Costa Mesa Police Mesa Police Association, 99 Fair Drive, to conduct a Association variety show at the Orange County Fairgrounds on August 4, 1979, was approved. Claim - Blakeslee On motion by Vice Mayor Schafer, seconded by Council - Denied man Raciti, and carried, the claim of Mrs. Celeste F. Blakeslee was denied. Claim - Clancy On motion by Vice Mayor Schafer, seconded by Council - Denied man Raciti, and carried, the claim of Justin C. Clancy was denied. Claim - Homan On motion by Vice Mayor Schafer, seconded by Council - Denied man Raciti, and carried, the claim of Ruth V. Homan was denied. Claim - Le Pierres On motion by Vice Mayor Schafer, seconded by Council - Denied man Raciti, and carried, the claim of Mrs. Suzanne Le Pierres was denied. Claim - Ritter On motion by Vice Mayor Schafer, seconded by Council - Denied man Raciti, and carried, the claim of William R. Ritter was denied. Final Map On motion by Vice Mayor Schafer, seconded by Council - Tract 9787 man Raciti, Final Map and Subdivision Agreement for d'Arlin Tract No. 9787, Jacques d'Arlin, Henrietta d'Arlin, Danielle d'Arlin, and Michele d'Arlin, developers, 2314 Fordham Drive, 27 lots, 5.32 acres, located at the southwest corner of Fairview Road and Fair Drive, were approved; the Council did also accept on behalf of the public the dedication of Littleton Circle, Purdue Drive, Fairview Road, and Fair Drive, for street purposes; did also accept on behalf of the City of Costa Mesa: (1) the three-foot easement for public utility purposes as dedicated, (2) vehicular access rights to Fairview Road and Fair Drive as released and relinquished, and (3) the 15 -foot easement for storm drain purposes as dedicated; did also approve subject map pursuant to the provisions of Section 66436(c)(1) of the=Subdivision.Map Act; and the Mayor and Clerk were authorized to sign said documents on behalf of the City, by the following roll call vote: 1 1 AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Landscaping of The Director of Leisure Services has recommended the Harbor Boulevard following change orders to the contract with Aka -Tani Landscape Company, 18703 South Broadway, Gardena, for Change Orders the Harbor Boulevard landscaping: Change Order No. 4, 4, 5, 6,.and 7 for demolition in the amount of $10,907.87; Change Order No. 5, for pavement in the amount of $17,272.14; Change Order No. 6, for concrete in the amount of $5,068.20; Change Order No. 7, for soil preparation in the amount of $6,620.00. On motion by Vice Mayor Schafer, seconded by Councilman Raciti, the change orders were approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members:' None ABSENT: Council Members: None Refund Landscaping and landscape irrigation at 1600 Adams Avenue have been completed by C. J. Segerstrom and Segerstrom Sons, 3315 Fairview Road, Costa Mesa, to the satis- faction of the Planning Division. On motion by Vice Mayor Schafer, seconded by Councilman Raciti, the work was accepted, and a cash deposit of $20,000.00 was ordered exonerated, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 425 Bids received for Bid Item 425, 2,500 feet of 2 1/2 - Fire Hose inch fire hose, are on file in the Clerk's office. On motion by Vice Mayor Schafer, seconded by Councilman Awarded Raciti, the bid was awarded to Wardlaw Fire Equipment Wardlaw Company, Post Office Box 2088, La Habra, in the amount of $3,300.00, being the lowest bid meeting specifi- cations, by the following roll call vote: AYES: Council Members: McFarland, Schafer, -Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Records Destruction On motion by Vice Mayor Schafer, seconded by Council - Police Department man Raciti, Resolution 79-69, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AUTHORIZING Resolution 79-69 RECORDS DESTRUCTION FOR THE POLICE DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Arterial Highway Item No. 8 on the Consent Calendar, recertification of Financing Program the Master Plan of Highways, was presented. During the Fiscal Year 1978-79, the City of Costa Mesa has not made any changes, and the City Manager stated that if any changes are to be made, a public hearing is required. On motion by Vice Mayor Schafer, seconded Resolution 79-70 by Councilwoman Hertzog, Resolution 79-70, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE QUALIFICATION OF THE CITY OF COSTA MESA FOR PARTICIPATION IN THE ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM, was adopted _COUNTY by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall End of NOES: Council Members: None Consent Calendar ABSENT: Council Members: None J 32nd District The Council discussed the Master Plan of the 32nd Agricultural District Agricultural Association, and during dis- Association cussion, it was suggested that this item be dealt with Master Plan as soon as possible, because of the upcoming adoption of the City's General Plan. The Master Plan of - Held Over proposed additions to the Fairgrounds has been re- ceived by the City, but does not comply with the General Plan of Costa Mesa. A motion was made by Vice Mayor Schafer, seconded by Councilwoman Hertzog, and carried, to send a formal letter, requesting submittal of the Master Plan and full compliance with the California Subdivision Map Act, to the Orange County Fair Board, by courier, to be presented at their meeting of June 21, 1979, in order to receive a reply by the Council meeting of July 2, 1979; said mailing to include a copy of the letter by Councilwoman Hertzog, dated February 8, 1978, and copies to be sent as indicated by the letter. Request to Appeal The Clerk presented from the meeting of June 4, 1979, ZE-79-64 a request to appeal the Planning Commission's denial Watt/Tarnutzer of Zone Exception.ZE-79-64, Rachel Watt, authorized agent for Tarnutzer Family Trust, Post Office Box 246, Denied Costa Mesa, for amendment to the Planned Signing Program, for property located at 2915 Red Hill Avenue, in a PDI zone. Environmental Determination: Exempt. Robert Eason, 20862 Mission Lane, Huntington Beach, part owner of the Designmall, the property in ques- tion, spoke regarding the uniqueness and unobtrusive- ness of the sign. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, and carried, Council Members Hall and Raciti voting no, the request to appeal was denied, because Council determined there was no procedural error or new evidence. R-79-03' On motion by Councilwoman Hertzog, seconded by Vice Ray/Diocese Mayor Schafer, Ordinance 79-8, being AN ORDINANCE OF of Orange THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE ZONING OF LOT 18, TRACT 5781, Ordinance 79-8 FROM R1 TO PDR -LD, was given second reading and Adopted 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 Council - Resolution woman Hertzog, Warrant Resolution 1073, including 1073 Payroll 7912, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Conference The City Attorney presented a request for Conference Advance Advance, in the amount of $210.00, to attend Wharton School of Finance Seminar in Palm Springs, August 29, 30, and 31, 1979. On motion by Mayor McFarland, seconded by Councilwoman Hertzog, the request was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Taxpayers Suits Based on the recommendations of the City Attorney, as For Refund outlined in his memorandum to the Council dated June 1, 1979, concerning Southern Pacific Transportation Company, et al vs. Board of Equalization, et al, and memorandum June 14, 1979, concerning Security Pacific 1 1 1 r �- Southern Pacific National Bank vs. County of Orange, et al, a motion and Security was made by Councilman Raciti, seconded by Council - Pacific woman Hertzog, and carried, to authorize and direct the City Attorney to refer said cases to Orange County Counsel's'Office to represent the City of Costa Mesa's interest under California Revenue and Taxation Section 5149. Agreement - Santa The City Manager presented the Automatic Aid Agreement Ana for fire response, with the City of Santa Ana for the annual renewal. The only change is that it now Fire Response specifically provides that each City will bear all of its own risks, costs, expenses, and obligations with respect to personnel employed by it and equipment owned by it when engaged in activities within the jurisdiction of the other City. On motion by Council- man Raciti, seconded by Vice Mayor Schafer, the agreement was approved, and the Mayor and the 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 Agreement - Santa The City Manager presented the Paramedic Agreement Ana with the City of Santa Ana, providing for reciprocal paramedic response, and coordinating dispatch in the Paramedic Response event that the paramedic unit is already busy for certain areas specified in the agreement. On motion by Vice Mayor Schafer, seconded by Councilman Raciti, 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 Agreement - Ashley The City Manager presented a proposed contract for consulting services for the Economic Section of the Economic Consulting General' Plan, and stated that the following three Services proposals were received: Ashley and Associates, not to exceed $24,000.00 plus out-of-pocket expenses and meeting appearances, and project completion date of August 31, 1979; Alfred Gobar Associates, not to exceed $55,000.00, project completion date, section one, 60 days, and section two, 120 days; Larry Smith and Company, not to exceed $20,000.00 for section one only, no cost estimate for section two, project completion date of December 31, 1979. After brief discussion, a motion was made by Councilwoman Hertzog, seconded by Vice Mayor Schafer, to award the contract to Ashley and Associates, 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 Contract Renewal The City Manager presented a proposed renwal of the Consortium Joint Consortium Joint Powers contract with the National Powers Center for Municipal Development, and reported that the City of La Habra has been included to share the cost, bring the total population represented to 738,000. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the contract renewal was ap- proved, 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 Agreement - On motion by Vice Mayor Schafer, seconded`by Council - Little woman Hertzog, based on the City Manager's recommend- ations, a contract -in an amount not to exceed the POLIS/CAD amount of $119,550.00 was awarded to Arthur D. Little System for Phase I of the Police On -Line Information System/ Computer -Assisted Dispatch System (POLIS/CAD), by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Mini -Computer On motion by Councilwoman Hertzog, seconded by Vice Signal System Mayor'Schafer, authority was given to draw a warrant in the amount of $17,050.00, for first payment to Kimmel Herman Kimmel and Associates, for partial completion of the design of the City's Mini -Computer Signal System, 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 Landscaping set for the public hearing, continued from the meeting Assessment of June 4, 1979, for proposed levying and collecting District No. 1 of assessments during Fiscal Year 1979-80 within the Tract 9901 City of Costa Mesa Landscaping Assessment District No. 1, Tract 9901 in the general area of the southeast corner of Sunflower Avenue and Smalley Road. Perry Valantine, Associate Planner, explained that adjusted water costs for 1978-79 resulted in reduction of the assessment for 1979-80, to an estimate of $57.00 per lot, for those who have paid the 1978-79 assessment. The total assessment for the two years would be $151.22. Mr. Valantine recommended that the Council adopt the amended Engineer's report dated June 18, 1979. Ron Benigno, 1022 Damascus Circle, presented the Council with a petition signed by 53 of the residents asking that the City assess all the resi- dents of the City because all residents benefit from peripheral landscaping. During discussion, it was pointed out that some of the residents in the area were not aware of the assessment until the City requested payment. Linda Carpenter, 1017 Damascus Circle, spoke in opposition to the assessment. The City Manager explained that the amount of assessment could vary each year due to the cost of the mainten- ance. On motion by Councilman Raciti, seconded by Resolution 79-71 Councilwoman Hertzog, Resolution 79-71, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1979-1980 WITHIN THE CITY OF COSTA MESA LAND- SCAPING ASSESSMENT DISTRICT NO. 1, which incorporates the changes outlined by the Associate Planner, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None A motion was made by Councilman Raciti, seconded by Vice Mayor Schafer, and carried, in connection with Landscape Assessment District No. 1, to contact Foley Construction Company, 17341 Irvine Boulevard, Suite 102, Tustin, and the Newport Harbor -Costa Mesa Board 1 1 of Realtors, 401 North Newport Boulevard, Newport Beach, to bring to their attention that some home buyers are not aware of the assessment, to prevent similar problems from arising, since there are houses in the area which have not yet been sold. Public Hearing The Clerk announced that this was the time and place Appeal ZE-79-70 set for the public hearing of the appeal of the Plan- Reinert/Wada/ ning Commission's denial of Zone Exception ZE-79-70, Mukai from Jack Reinert, 1200 Nottingham Road, Newport Pentecost Beach, authorized agent for Helen S. Wada and Yuri H. Denied Mukai, for a variance from provisions of the Sign Denied Ordinance, -for property located at 1816 Newport Boulevard, in a C2 zone. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. Communications have been received from Helen S. Wada, 4401 Stinson Drive West, Columbus, Ohio, and Yuri H. Mukai, 635 Irvine Avenue, Newport Beach, in support of the variance. The Assistant Planning Director summarized the staff report from the Planning Commission meeting of May 14, 1979, which recommended denial based on Sections II and III of said report. Jack Reinert, spoke in support of the request and.gave a slide presentation. During dis- cussion, it was stated that even if the appeal was denied, the .sign in front of the store could remain until the sign inventory was complete, but the sign in the rear of the building would be changed. On motion by Councilman Hall, seconded by Councilman Raciti, and carried, the request was denied. Public Hearing The Clerk announced that this was the time and place R-79-02 set for the public hearing of the Rezone Petition R- Kamph/Jackson 79-02, Kamph and Jackson, 1200 North Main Street, Santa Ana, authorized agent for Lillian Kamph, for Held Over permission to rezone property located at the southeast corner of Red Hill Avenue and Clinton Avenue, from MP (Industrial Park) to CL (Limited Commercial). En- vironmental Determination: Negative Delcaration. The applicant has requested a continuance to the meeting of July 16, 1979. On motion by Vice Mayor Schafer, seconded by Mayor McFarland, and carried, this item was continued to the meeting of July 16, 1979. Recess The Mayor declared a recess at 8:30 p.m., and the meeting reconvened at 8:40 p.m. Public Hearing The Clerk announced that this was the time and place R-79-04 set for the public hearing of the Rezone Petition, R - Stubblefield/ 79-04, Dean Stubblefield and Larry Gilbert, 1215 Sand Gilbert/ Key, Corona del Mar, authorized agents for Arlan and Pentecost Dorothy Pentecost, for permission to rezone property located at 229 Del Mar Avenue, from R1 to R2. En - Denied vironmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. A letter of protest has been received from Lee R. and Mary D. Bean, 2589 Fairway Drive. The Assistant Planning Director summarized the staff report from the Planning Commission meeting of May 14, 1979, which.recommended denial, based on Sections II and III of said report, and aerial slides were pre - Dean Stubblefield presented the Council with folders, including his proposals for the property if -'his,request is granted, slides, and a signed petition to the Planning Commission from 13 of the residents owning property on or facing Del Mar Avenue, in favor of the request. His proposals include changes in the driveway and car spaces, and referred to Sections II and III of the staff report of the Planning Division. Larry Gilbert, 3038 Mount View Drive, Laguna Beach, spoke in support of the rezone. On motion by Coun- cilman Hall, seconded by Councilman Raciti, and carried, the request was denied, based on the Planning Commission's recommendations, and the staff analysis and findings. Public Hearing The Clerk announced that this was the time and place R-79-05 set for public hearing of Rezone Petition R-79-05, Fairbrother/ Mr. D. Clarke Fairbrother, 9703 Weare Avenue, Fountain Shannon Valley, authorized agent for Raymond Shannon, for permission to rezone property located at 2065 Charle Street and adjacent lot to the south, from R2 to R3. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The applicant was not present. During discussion, concern was expressed about the size and quality of new condo- miniums in the City, and the Council not hearing further on this item after the project was introduced. The Conditional Use Permit and Tract Map will be heard before the Planning Commission. Vice Mayor Schafer suggested that a review of the project be held before the second reading of the Ordinance, in order for the Council to see what is proposed for that site after the lots are combined. On motion by Vice Mayor Ordinance 79-9 Schafer, seconded by Mayor McFarland, Ordinance 79-9, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 20, FAIRVIEW FARMS, FROM R2 TO R3, was given first reading, and second reading and adoption is to be scheduled after the two lots are combined and development plans have been approved by the Planning Commission, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Request to Appeal The Clerk presented a request to appeal the Planning ZE-77-138 AR Commission's denial of Zone Exception ZE-77-138 AR, Rau/Osborne from John Rau and Dick Osborne, for renewal of a Conditional Use Permit to allow a restaurant with bar Referred Back and entertainment, with an occupant load of 350 to Planning persons, and a variance from required parking, for Commission property located at 1945 Placentia Avenue, in an MG zone. Environmental Determination: Exempt. A letter has been received from Rodney Emory, Cove Development Agency, 2920 Airway Avenue, stating their intention to purchase the property and renovate the restaurant. A letter has also been received from Tully Seymour, Attorney at Law, 1151 Dove Street, Suite 140, Newport Beach, requesting the Council to refer this item back to the Planning Commission. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, this item was referred back to the Planning Commission because of new information being submitted. Adjournment At 9:30 p.m., 28, 1979, at City Hall. ATTEST: the Mayor adjourned the meeting to June 6:30 p.m., in the Council Chambers of May6yzvof the/Cir-ty of C' sta Mesa City Clerk of the City of Costa sa 1 1 1