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HomeMy WebLinkAbout07/02/1979 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA July 2, 1979 The City Council of the City of Costa Mesa, California, met in regular session on July 2, 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 the Reverend Steve Garner, Central Bible Church Roll Call Council Members Present: McFarland, Schafer, Raciti, Hertzog, Hall Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk Minutes On motion by Councilwoman Hertzog, seconded by Vice June 18, 1979 Mayor Schafer, and carried, the minutes of the regular meeting of June 18,'1979, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Vice Mayor Schafer, seconded by Councilwoman Hertzog, and carried, to read all ordi- nances by title only. CONSENT CALENDAR. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, all Consent Calendar items were approved in one motion by the following roll call vote'- AYES: oterAYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Connell A letter from John H. Connell-, 2828 Harbor Boulevard, Resignation Costa Mesa, tendering his resignation from the Costa Mesa Traffic Commission, effective at the convenience of the City, was accepted with regrets. 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: Lee J. Hinson Sherida A. Stone; and Attorney John R. Cogorno on behalf of Gaye Stoneking, Denise Rosenberg, and Keith Poller. Police Letter from Warren G. Althoff, 1523 Orange Avenue, Commended Costa Mesa, commending the Costa Mesa Police Department for watching over his home while away on vacation. Public Notice of filing application from Pacific Telephone Utilities Company to the California Public Utilities Commis - Commission sion, for authority to establish charges for direc- tory -assistance service furnished within the State of California' Orange County Resolution from the City of Fountain Valley declar- Youth Exposition ing its support for the second Orange County Youth Exposition, to be co-sponsored by the Fountain ci Valley and -Garden Grove Youth Commissions. Assembly Bill 787 Resolutions from the City of Anaheim and the Orange County Board of Supervisors opposing the passage of Assembly Bill 787 relating to pro- fessional sports team siting, which would pro - End - vide for specific regulation of professional Reading Folder sports team franchises. Business Permit Notice of Intention to Appeal or Solicit for Charitable Purpose from Orange County Association for Retarded Association for Citizens, 505 North Tustin Avenue, Suite 252, Santa Ana, Retarded Citizens by fund solicitation from July 1 through August 14, 19793 and from November 16 through December 30, 1979, was Denied denied. Set for Public The following items were set for public hearing on July Hearing 16, 1979, at 6:30 p.m., in.the Council Chambers of City Hall: R-79-06 Rezone Petition R-79-06, Jimmy B. and Rebecca Brooks, 1668 New Hampshire Drive, Costa Mesa, for permission to rezone property located at Prohibition 932 and 936 West 18th Street, from R2 to R3. of Parking Environmental Determination: Negative Declara- on Manistee tion. R-79-08 Rezone Petition R-79-08, Costa Mesa City Council, for permission to rezone property located at 740-780 (even numbers only) Baker Street, from R2 to R3. Environmental Determination: Negative Declaration adopted for Specific Plan SP -78-02. Claims Denied On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, and carried, the claim of Donald H. Cheney and Donna H. Cheney was denied. Carlson On motion by Councilwoman Hertzog, seconded by Vice Mayor -Schafer, and carried, the claim of Karen Kay Carlson was denied. Sholes On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, and carried, the claim of Harlan J. Sholes was denied. Finfrock On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, and carried, the claim of Robert A. Finfrock was denied. Ivers On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, and carried, the claim of Robert Ivers was denied. Prohibition The Traffic Commission has recommended prohibition of of Parking parking for street sweeping on both sides'of Manistee on Manistee Drive, from Pierpont Drive to 3172 Manistee Drive, with Drive towaway provision. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, Resolution 79-85, being Resolution 79-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON MONDAYS FROM 6:00 A.M. TO 8:00 A.M. ON MANISTEE DRIVE FOR THE PUR- POSE 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 ZE-76-62 The improvements in connection with Zone Exception ZE- Berg 76-62 for property located at 207, 209, and 211 Knox Street have been completed by Louis J. Berg, Post Office Box 1678, Rancho Santa Fe, to the satisfaction of the i I- Director,of Public Services. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, the work was accepted; and Savings Passbook No. 410501884 in the amount.of-$9,000.00 was ordered exonerated, by the follow- ing roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Notice of The improvements on Park Drive East of Pomona Avenue have Completion been completed by Jerry Cross Paving Company, Incorpor- Park Drive ated, 1971 Placentia -Avenue, Costa Mesa, to the satis- East°of faction of the Director of Public Services. On motion Pomona Avenue by Councilwoman Hertzog, seconded by Vice Mayor Schafer, the work was accepted; the Clerk was authorized to file a Notice of Completion; and the bonds were ordered ex- onerated 35 days after the Notice of Completion has been filed, by the following roll call vote: -AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None .Agreement - One An agreement -between -the City and One Town Center Drive Town Center Drive Associates, a joint venture of C. J. Segerstrom and Sons Associates and Prudential Lnsurance Company, for a pedestrian ease- ment across private property along Town Center Drive, Pedestrian was presented. The agreement stipulates that the City Easement will be.protected from liability, and maintenance will be the responsibility of the property owners or their representative. On motion by Councilwoman Hertzog, sec- onded by Vice Mayor Schafer, 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 Lot "D" of The Director of Public Services has recommended that Tract 10277 approval be given for annexation of Lot "D", Tract 10277, located in the general-a-rea of Fairview Road and South Annexation to Coast .Drive, to the Costa Mesa Sanitary District, so that Costa Mesa Orange County Local'Agency Formation Commission can com- Sanitary District plete their -work -with -regard to the annexation of the entire tract to-the'Sanitary District. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, the subject annexation was approved by the following roll cal l vote: _. .., - - AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None .Notice of Installation - of -Mowing Strip at Costa Mesa City Hall has Completion been completed by Atlas Engineering and Construction, In - Mowing Strip corporated, 2200 West Pacific Coast Highway, Long Beach, to the satisfaction of -the Director of Leisure Services. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, the work was accepted; the Clerk was authorized to file a Notice of Completion; and the bonds were order- ed exonerated 35,days after -the Notice of Completion has been filed, by the following roll call vote: AYES: Council.Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None HCDA Investor/ The Housing 'and Community -Development Act (HCDA) Rehabil- Owner Loan itation Loan Program was presented, which extends the Program availability of Below Market Interest Rate (BMIR) loans to all property owners within the proposed Wallace Neighborhood Strategy Area (NSA). This extension was approved :1by,the Council on March 21, 1979, with the stip- ulation. -that all applicants for investor/owner BMIR loans sign an agreement that they would not exceed the Fair Market Rent Limits as set forth in Section 8 Moderate Rehab Program. On motion by Councilwoman Hertzog, second- ed by Vice Mayor'Schafer, the City Manager was authorized to execute a Memorandum of Intent and other documents authorizing the City to participate with the Orange County Housing Authority-(OCHA),in'the subject program, by the following roll calx vote: AYES: --Council Members:' -McFarland, Schafer, -Raciti, Hertzog, Hall --NOES: Council Members: None 'ABSENT: Council..Members: None Agreement for On motion by Councilwoman flertzog, seconded by Vice Mayor Police Services Schafer, an agreement between the City and the 32nd Dis- During Orange trict Agricultural Association for police security ser - County Fair vices at the Fairgrounds during the Orange County Fair, July -13 through 22, 1979, was approved; and the Chief of Police was authorized to sign said document 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 ZE-79-75 The Clerk presented -a modified site plan in connection Ray with Zone Exception-ZE-79-75; James W. Ray, 188 East 17th Street, Costa Mega, authorized agent for the Cath- olic Diocese of Orange County, for property located at the southeast corner -of Adams and Placentia Avenues. The Development�Services Director reviewed the project. stating that the Council approved the permit at the June 4, 1979, meeting based on the Planning Commission recommendations:a,nd the Planning staff's findings, and incorporating the additional ingress and egress on. Adams Avenue. Because of potential noise problems, the applicant has modified the site plan in an attempt to orient as many units as possible toward interior prop- erty lines, thus, instead of four fourplexes and one triplex; the proposal, now is for two fourplexes and five triplexes with.the total number of units remaining at 23. The Planning Commission recommended approval of the mod- ified site plan as recommended by staff, and added the condition that -the driveway medians be developed under the direction of the Fire Marshall to insure adequate access for fire vehicles. The applicant, James W. Ray, was present and'spoke in support of the modification. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried; the modified site plan was approved as .recommended by the Planning Commission. Planning The Mayor announced that'the Planning Commission was con - Commission ducting a -Study Session in the first floor Conference Room Study Session of City Hall'and that anyone' in the audience wishing to attend was invited,to do so. Master Plan for The Clerk presented from the meeting of June 18, 19799 Fairgrounds the Master Plan for the Orange County Fairgrounds, 32nd District Agricultural Association. The Mayor stated that since the last meeting, he had directed a letter to Ken Fulk, General Manager of the Fairgrounds, re- questing that the Association submit its General Master Plan to the City for formal review and approval, and that in his letter of response, Mr. Fulk advised that the Fair Board Members indicated they wanted to do all they could but were -.not of,the opinion -that they should ask an agency, not in the administrative channel for fairs and exposi- tions, for formal approval of plans for the Fairgrounds. 1 1 F1 Clinton Hoose, member of the Board of Directors for the 32nd District Agricultural Association, was present and in response to questions from the Council, stated the following: in his opinion there was nothing in their Master Plan that would not .be approved by the City; the Board's policy was to meet with various agencies for input and that their Master Plan was merely a guideline; as a general rule, the District was exempt from local control and he was not sure -that the City legally had jurisdiction over State property requiring approval of zoning or whatever'it is that the City is requesting; and further stated, "There may be some confusion over the powers of the 32nd District. We are an agricultural district with no;taxing authority. All our revenue is enerated from our own income with the exception of 405000:00. Now,:that has been cut back to $30,000.00. That's the only money we receive from the State. We are not funded by the State or funded by any tax revenue other than that $303000.00 a year. Last year our budget was a.little over $4 million so all this money we are generating oursel'ves, and possibly that is one of the reasons we handle our issues locally and not handled out of Sacramento or out of some government agency. We do them ourselves." In -response to an inquiry from Council- woman Hertzog, the Director of Public Services stated that the 32nd District Board verbally consented to the street and storm drain improvements required by the City but that this has not been confirmed in writing. Vice Mayor•Schafer stated it was the City's desire to pro- cess the District's Plan especially in the areas of noise; traffic circulation, and parking as these are the major concerhs:of the public. Council Members Hall and Raciti pointed out that other agencies such as the U. S. Postal Service, California Department of Motor Vehicles, Fairview State Hospital, and the County have submitted their plans to the Planning Commission and Council for processing, but the 32nd District refuses to do so. Brief Council discussion followed after which a motion was made -by Councilman Hall, seconded by Councilman Raciti, and carried unanimously, authorizing the City Attorney to initiate appropriate legal action to obtain District -compliance -with all applicable laws. Warrant On motion by'Councilwoman-Hertzog, seconded by Vice Resolution 1074 Mayor -•Schafer; Warrant Resolution 1074, including Pay- ay- roll -7913 . roll7913, was. approved by the following roll call vote: A -YES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council -Members: None Warrant On motion by Councilman Raciti, seconded by Vice Mayor Resolution 1075 Schafer, Warrant -Resolution 1075 was approved by the following roll call vote: AYES:- Council: Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES:- Council Members: None ABSENT: Council Members: None Sunshine The City Attorney reported that the attorney of record Studio for Sunshine Studio has been hospitalized, and the sub- stitute attorney; Mr. Hopson, has requested a continuance of the July 6, 1979, hearing. The City Attorney will be protest ing,any delay of the hearing. Mileage The.City Manager presented a -request to increase employee Allowance personal automobile mileage--aTl•owance from 15 cents to 19 Increase cents per mile due to the series of price increases for gasoline-. On motion'by Councilman Hall, seconded by Vice Mayor Schafer, the request was approved by the following 1 1 roll call. vote: AYES: Council Members: McFarland, Schafer, "Raciti, Hertzog, Hall NOES: Council Members:-_ None ABSENT:- Council- Members:; None Purchase The City Manager presented proposed revisions to the Limitations Costa Mesa Municipal Code concerning purchase limita- Revision tions:- Section%2-170,open market (bid optional) pur- chases to,$1,000:00 maximum; -Section 2-1733, formal bid process from $5;000.00 and°over; Section 2-174, open market (informal bid) to -$5,000.00 maximum. He also recommended revision-of'Rule IV, Order Books (Small Purchase Orders)•be revised -to a maximum of $100.00. These recommendations are based on the increased costs for goods and -services required for the routine opera- tion -and maintenance -of the'City, and they will assist in reducing the -;amount of staff time required for rou- tine -purchases:' On motion by'Councilman Hall, second - Ordinance 79-10 ed by Councilwoman Hertzog, Ordinance 79-10, being AN First Reading ORDINANCE OF -THE CITY COUNCIL OF THE CITY OF COSTA MESA,. AMENDING`SECTIONS`2=170, 2-173,'AND 2-174 OF THE COSTA MESA MUNICIPAL.CODE,.;REVISING PURCHASE LIMITATIONS, was gieven 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 _ On further mot to'n by'Councilman Hall, seconded by Vice Resolution 79-86 Mayor Schafer; Resolution -79=86; being A RESOLUTION OF THE -:CITY COUNCTL,�,OF,THE,CITY�OF COSTA MESA, REVISING PURCHASE LIMITATIONS—FOR—ORDER BOOKS AND SMALL PUR- CHASE ORDERS, was adopted -by the following roll call .vote:, " AYES: -Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members:. None ABSENT: Council'Memb&s : None P.E.R.S. Contract The. City,Manager,presented a proposed urgency ordi- Amendment nance concerning adoption of an amendment to the City's nonsafety employees' Retirement Plan adding the Post- retirement Survivor Allowance. On motion by Vice Mayor Schafer;—seconded by"'Councilman Hall, Ordinance Urgency Ordinance 79=.11, being'AN'ORDINANCE OF THE CITY COUNCIL OF THE 79-11 Adopted CITY OF COSTA MESA, CONCERNING THE ADOPTION OF AN AMEND- MENT TO THE CITY'S NONSAFETY EMPLOYEES RETIREMENT BENEFITS WITH THE -PUBLIC EMPLOYEES' RETIREMENT SYSTEM AS AN URGENCY ORDINANCE WITH REASONS THEREFOR, was adopted'by_-the following roll call vote: AYES: Council Members: McFarland, Schafer, "- Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Final Map for The City Managet— presented Final Map and Subdivision Tract 10632 - Agreement for. Tract 10632. On motion by Councilman Olrich Hall, seconded!by�Councilwoman Hertzog, Final Map•and; Subdivision Agreement for'Tract 10632, Olrich Develop- ment -Company, 2821 Europa'Drive, Costa Mesa, developer, one lot., 0:44 -acre, located at 249 Ogle Street, for con- dominium -purpose's were approved; the Council did also accept on behalf of.the public the dedication for street purposes: Westminster Avenue, and the 2.50 -foot alley dedication as shown; did also accept on behalf of the City of Costa Mesa-: :the 3.00 --foot public utility ease- ment as'dedicated; did also approve said map pursuant to the provisions of Section -66436 (c) (1) of the Sub- division Map Act; the Clerk was authorized to sign said Map, and the Mayor and Clerk were authorized to sign the 1 1 1 1 1 agreement 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 Revocation of set for the public hearing, continued from the meeting ZE-78-117 of June 4, 1979, -to consider revocation of Zone Excep- tion Permit ZE-78-117; Harry D. Schwimmer, 2115 Indian Schwimmer/McVay Creek Road, Diamond Bar, authorized agent for C. H. Withdrawn McVay, 2210 Lake Park Lane, Newport Beach, for a vari- ance from the -required on-site parking in conjunction with a dance studio located'at 1695 Irvine Avenue; in a C2 zone. -Environmental Determination: Exempt. The Development -,Services Director -stated that the applicant has made the required improvements to the subject prop- erty, including,installation-of a sidewalk; and at the Planning Commission meeting -of June 25, 1979, the permit was approved -subject to modifications and conditions. For these reasons the Planning. staff has recommended that the consideration to revoke the permit be withdrawn. There being no speakers, the Mayor closed the public hearing: On motion by .Councilman Hall, seconded by Mayor McFarland, and carried, this item was withdrawn as recommended. Public Hearing The Clerk announced that this was the time and place Abandonment - set for the public hearing for the proposed abandon - Victoria Street ment of a portion of Victoria Street and Victoria and Victoria' Place to adjacent property owners. The Affidavits of Place ---,--. Publishing and Posting are on file in the Clerk's office. No communications have been received. The Planning staff has recommended approval based on the findings that the proposed abandonment would be in conformation with the General Plan and zoning desig- nation; and the subject land is no longer needed for street purposes and therefore the abandonment would relieve the City -from the:responsibility for the maintenance and liability on subject property. The Planning Commission recommended.approval subject to the condition that a 15 -foot water easement for the existing water main shall be dedicated to the Mesa Consolidated Water District. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Councilwoman Hertzog, Resolution 79-87 Resolution 79-87, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OR- DERING THE VACATION OF A PORTION OF VICTORIA STREET AND VICTORIA PLACE, based on the findings and condi- tion outlined above, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Draft EIR The Clerk presented a Notice of Intent to Prepare a Draft 19th Street Environmental Impact Report (EIR) for the 19th Street/ Bridge Banning Avenue bridge from the Orange County Environmental Management Agency. The Development Services Director stated that the County's letter requests input from the City, that the Planning staff has prepared their comments for review, and any Council concerns or comments will be included in the responding letter to the County. Council- man Hall referred to the second page of the Environmental Analysis Checklist and requested the following amendments: Item 15B - Noise - Will the proposal result in exposure of people to noise levels in excess of County standards? Reply "yes"; and .under Findings - Item D - Does the pro- ject have environmental effects which will cause sub- stantial:adverse:-effects on human beings, either direct- ly or indirectly? Reply "yes". On motion by Vice Mayor Schafer, seconded by Councilman Hall, and carried, the staff: recommendations and the amendments requested by Councilman Hall, were approved. Councilmanic Vice Mayor Schafer reminded all present that the Redevel- Comments opment Agency -meeting will -be held on Thursday, July 5, Redevelopment 1979, at 7:30'p.m., in the Council Chambers of City Hall. Agency Meeting Mayor McFarland stated there -was a vacancy on the Traffic Commission due to the resignation of Mr. Potter.- On Traffic motion by Councilwoman Hertzog, seconded by Vice Mayor Commission Schafer, and carried; the Mayor was authorized to contact Wayne Kraiss, President of Southern California College, requesting him -to -serve on -the Commission. Mayor McFarland also commented on the letter of resig- nation from -John Connell.who has served so diligently on the Traffic Commission for approximately 11 years, and stated that another appointment will be made by Council shortly to fill this vacancy. Adjournment At 7:45 p.m:, the Mayor adjourned the meeting to July 11,,1979, at 4:00 p:m., in the -fifth floor Conference Room of City Hall, for the purpose of holding an Executive Session. Mayor of the City df Costa Mesa ATTEST: 9U C ty Clerk of the City of Costa sa i