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HomeMy WebLinkAbout07/16/1979 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA July 16, 1979 The City Council of the -City of Costa Mesa, California, met ingregular­session,on'July 16, 1979, at 6:30 p.m., inithe-Council-Chambers of City Hall, 77 Fair Drive, Costa Mesa: The meeting was called to order by the Vice Mayor, followed by:the:Pledge of Allegiance to the Flag, and Invocation by the Reverend Donald Thurman,'Costa Mesa -Nazarene Church. Roll Call Council Members Present: Schafer, Raciti, Hall Council Members Absent: Officials Present: McFarland, Hertzog Acting City Manager, City Attorney, Development 'Services Director, Director of Public Services, Deputy City Clerk Minutes On motion by Councilman Hall, seconded by Councilman June 28 and Raciti, and carried, the minutes of the adjourned July 2, 1979 regular meetings of June 28, 1979, and July 2, 1979. and the regular meeting of July 2, 1979, were approved as distributed and posted as there were no corrections. Presentation Brent Nowak, Project Director of Orange County Outreach, GLAD 2024 North Broadway, Suite 109, Santa Ana, newly estab- lished branch office of the Greater Los Angeles Council on Deafness (GLAD), addressed the Council Members in sign language, using an interpreter, regarding the new available services to meet the needs and rights of the deaf 'and hard -of= hearing individuals in Orange County. Ordinances- A motion was made by Councilman Raciti, seconded by Councilman Hall, and carried, to read all ordinances by title only. CONSENT CALENDAR. On motion by Councilman Hall, sec- conded by Councilman Raciti, all items in the Consent Calendar were approved in one motion by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: McFarland, Hertzog Reading Folder The following Reading Folder items were received and processed: Claim The following claim was received by the City Clerk and no action was required: JoAnn Suker on behalf of John L. Suker, a minor. Public Utilities Notice of application to the Public Utilities Com - Commission mission, from Commuter Bus Lines, 6254 Paramount Boulevard, Long Beach, for fare increase. Local Sales A resolution from the City of Buena Park endors- Tax ing the League of California Cities' policy statement on revenue and taxation, the League resolution requesting the allocation of existing tax revenue to cities and counties, opposing the McCarthy/Priolo proposal to eliminate local sales tax, and urging all cities in Orange County to oppose said proposal. 11 1 1 1 A. B. 1163 A resolution•from the City of Fullerton supporting Tax Credit Assembly,Bill 1163, urging all the cities in the County of Orange to support this legislation deal- ing with tax credit for qualified investments in distressed areas. Local Agency From the Local Agency Formation Commission, Reso- Formation utions 79-74, 79-75; 79-763, 79-77, and 79-78 re - Commission garding annexations to the Costa Mesa Sanitary District, known as Engineer's Numbers 184; 185, 188, 191,,,and'192; said resolutions giving permis- sion forthe District to annex without notice and -hearing. Alcoholic Alcoholic -Beverage License applications for which Beverage parking -has been approved by the Planning Depart - Licenses ment: Brown Bagger Restaurant, Incorporated, doing -business -at 369 East 17th Street, Suite 12; End - and Q:-.M.:Foods, Incorporated, doing business at Reading Folder 3180 Airway Avenue. Business Permit 94th Aero Squadron Set for Public Hearing R-79-10 Carden R-79=11 Gel ke/Moeller SP -78-02 Claim -Samuels Denied­- Prohibition enied­ Prohibition of Parking on White -Oak Street ; ; Resolution 79-88 Street Maintenance Project 1978-79 Change Order No. 2 A request from 94th Aero,Squadron, Q. M. Foods,•Incorpor- ated,-3180 Airway Avenue;.Costa Mesa, for a dance permit at the above address, was approved subject to one condi- tion of the -,Revenue Division. The following i.tems;were set for public hearing on August 63 1979; at -6:3O -,p. -m. -;-in the Council Chambers of City Hall: Rezone Petition R-79-10, William J. Carden, authorized agent for DVM, Incorporated, Post: Office Box 7967, Newport Beach, for permission to rezone property located at 3001 Red Hill Avenue, from MP to PDI. Environmental Deter- mination: Negative:Declaration. Rezone.Petition R779-11;,Christian J. Gelke•and Heino A -.::Moeller, 2991:Grace Lane, Costa Mesa, for permission to rezone property located at that address, from M1 to Cl-.-- Environmental Deter - Negative Declaration. Specific Plan SP -78-02; amendments to the Imple- mentation Plan and Precise Plan of Alignment for the Randolph Avenue extension. On motion by Councilman Hall, seconded by Councilman Raciti; and carried, the claim of Norrma Samuels was denied: -- The Director of;Public,Services has recommended prohi- bition of parking for street sweeping on both sides of White Oak Street from Redwood Avenue to Jacaranda Ave- nue; and a -petition favoring same has been signed by 100 percent of the residents>on.White Oak Street. On motion by!Councilman Hall, seconded by Councilman Raciti, Res- olution 79-88, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF. COSTA MESA; CALIFORNIA, PROHIBITING PARKING ON FRIDAYS BETWEEN 9:00 A.M. AND 11:00 A.M., ON WHITE OAK STREET FOR -,THE PURPOSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES:­:Council,Members: Schafer, Raciti, Hall NOES: Council Members: None ABSENT:: ,Counci l,,Members: McFarland, Hertzog . - The-Director:-ofiP.ublic Services has recommended Change Order No. 2 to the contract with Sully -Miller Contract- ing Company,, Post--Office'-Box 432, Orange, for approval of three additional streets-to:be overlayed, in the amount of $28,511.33, in connection with the 1978-79 d Fee Collection The'Director of'Public Services has recommended that For Sanitary the Finance Director be authorized to establish a District trust fund; consisting of:fees collected from dev- elopers on'behalf of the Costa'Mesa Sanitary District, for review of Tract Maps and for construction and in- spection of related sewer..facilities, and authorizing Street Maintenance Project. On motion by Councilman . Hall, seconded by Councilman Raciti, the change order was approved by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: McFarland, Hertzog Notice of The installation of traffic signals and safety lighting Completion on Sunflower Avenue -and Park Center Drive/Stevens-Ave- Sunflower nue has, -,been completed,by Grissom and Johnson, Post Avenue and Office Box 10040,'Santa-Ana, to the satisfaction of the Park Center Director -'of Public Services. On motion by Councilman Drive/Stevens Hall, seconded by Councilman Raciti, the work was Avenue accepted; the Deputy Clerk was authorized to file a Notice of Completion; and the bonds were ordered exon- erated 35" days'-after--the'Notice of Completion has been filed,"by-the following roll call vote: AYES.:"` "Council Members: Schafer, Raciti, Hall —NOES: Council Members: None ABSENT: Council Members: McFarland, Hertzog Notice of Construction of wheel chair"ramps at various locations Completion has,been completed�by Atlas Engineering and Construc- Wheel Chair tion,, Incorporated; 2200 .West Pacific Coast Highway, Ramps Long Beach; to thet-satisfaction-of the Director of Public Services. On motion by Councilman Hall, second- ed by ,Councilman'Raciti,; the work was accepted; the Deputy Clerk was authorized to file a Notice of Com- pletion; and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the following roll call"vote: AYES: Council Members: Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: McFarland, Hertzog Notice of Waterline relocations for the future Hyland Avenue Completion Storm Drain have been completed by Tennyson Pipeline Hyland Storm Company; 11870 Virginia -,Avenue, Lynwood, to the satis- Drain Water faction of the Director of Public Services. On -motion Lines. by—,Councilman—Hall,—seconded by Councilman Raciti, the work�was accepted; the --Deputy Clerk was authorized to file'a Notice-bf�Completion; and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by'the-following roll call vote: AYES:- Council Members: Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: McFarland, Hertzog Agreement An agreement between the City and Elizabeth Gregg Hough/Mattingly Hough and Gerald F. Mattingly was presented, for acquisition of 369.41 square feet of land, located at the northeast corner of -Bristol Street and Baker'Street, for the:Baker"Street widening; Parcel No. 2. The agree- ment'stipulates a payment by the City of $4,080.00", based on 100 percent of the appraised value including severance damages, and escrow -to terminate as soon as possibl-e. On motion by Councilman Hall, seconded by Councilman Raciti, the"agreement was approved, and the Vice'Mayor and Deputy Clerk were authorized to sign on behalf,of the City, by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hall -`NOES': Council Members: None ABSENT: Council Members: McFarland, Hertzog Fee Collection The'Director of'Public Services has recommended that For Sanitary the Finance Director be authorized to establish a District trust fund; consisting of:fees collected from dev- elopers on'behalf of the Costa'Mesa Sanitary District, for review of Tract Maps and for construction and in- spection of related sewer..facilities, and authorizing lib payment to the Sanitary District Engineer based on the funds available in the trust fund. On motion by Councilman Hall, seconded by Councilman Raciti,'the Finance Director was authorized to establish a special trust fund for :the.purpose-outlined above, by the following roll vote: '' AYES: Council'Members: Schafer, Raciti, Hall NOES: Council. Members: None ABSENT:. Counicl Members: McFarland, Hertzog of The installation of-l'andscaping on Harbor Boulevard _Notice Completion from Wilson Street to Baker Street has been completed Harbor by Aka -Tani Landscape Company, 18703 South Broadway, Boul"evard Gardena, to.the,satisfaction of the Director of Leisure Landscaping Services. On motion by.Councilman Hall, seconded by Councilman Raciti, the work was accepted; the Deputy Clerk was authorized to file a Notice of Completion; and the bonds were ordered exonerated 35 days after the Notice of Completion has been filed, by the follow- ing roll call:vote: AYES:- Council Members: Schafer, Raciti, Hall NOES: Council. Members: None ABSENT: Council Members: McFarland, Hertzog Records On motion by Councilman Hall; seconded by Councilman Destruction Raciti, Resolution 79-893, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY'OF COSTA ME"SA, AUTHORIZING Resolution 79-89 RECORDS DESTRUCTION FOR THE"FINANCE DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO'ORDINANCE NO. 75-605 was adopted by the following roll call vote: AYES: -Council Members: Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: McFarland, Hertzog Agreement A Joint Powers agreement between the City and the Newport -Mesa Newport=Mesa-Unified School District for school and Unified School community recreation programs, was presented. On District ' motion"by Councilman Hall; seconded by Councilman Raciti, the agreement was approved, and the Vice Mayor and Deputy Clerk were authorized to sign on behalf of the C•i-ty, by the following roll call vote: AYES:- Council Members: Schafer, Raciti, Hall NOES: Council Members: None ABSENT: "Council Members: McFarland, Hertzog Bid Item 426 Bids received for Bid Item 426, one Microfilm Viewer Microfilm Printer, _are "on file in the..Clerk's office. On motion Viewer by Councilman Hall, seconded by Councilman Raciti, the Printer bid was`awa'rded,to 3M Business Products Sales, Incor- porated, 601 Park Center Drive,'Santa Ana, in the Awarded amount of $4,431.53, being the lowest bid meeting 3M Business specifications, by the following roll call vote: Products i AYES: Council -Members: Schafer, Raciti, Hall NOES: -Council.'Members: None ABSENT: ":-Council Members: McFarland, Hertzog Bid Item 427 Bids -,received for Bid -Item 427, Instant Dry Traffic, Instant Dry Line Paint, are on file in the Clerk's office. On Traffic Line motion-by'Councilman Hall '-seconded by Councilman Paint Raciti; the bid was awarded .to Bauer Chemicals Div- ision, WhittakerlCorporation, Post Office Box 31352, Awarded Los Angeles, in the amount of $9,846.87, Bauer Chemicals being`the,lowest,:bid meeting specifications, by the following.roll call -vote: -:- AYES:- Council`Members: Schafer, Raciti, Hall NOES: Council Members: None ABSENT:_ Council Members: McFarland, Hertzog Agreement -Reynolds An agreement between the City�and Reynolds Environ- mental Group; 4320'Campus Drive, Newport Beach, for lib "A# 3_p 1_7 Canyon Park design management services -'for Phase I in connection Project.Management with the,Canyon°Park-Project, was presented. On motion Services by Councilman -Hall,, seconded by Councilman Raciti, the agreement was a,pproved,-and the Director of Leisure Services was -,authorized to sign on behalf of the City, by the following .roll cal l-. ;vote: AYES:-:-.Council:Members: Schafer, Raciti, Hall NOES: .,Council! Members: None ABSENT!--Couhcil Members: McFarland, Hertzog Agreement The City-Attorney--,recommended—renewal of the agreement R. L. Kautz with R. L. Kautz and Company, 1800 Avenue of the Self -Insured Stars,'Los Angel.-es;:for.admi=nistration of the self. -;-- Liability insured il-i-ability::programat the same cost of $9;500.00 Program per -year. On_moti,on by .Councilman Hall, seconded - by" Councilman Raciti; t.he; City -Attorney was authorized and directed -toren'ew -the 1 agreement for another year as recommended; --,with the same -terms and conditions, by the following -rol--1 call- vote: AYES: Council Members: Schafer, Raciti, Hall NOES:—Council: Members: None ABSENT:, -,Council- Members: McFarland, Hertzog Budget Adjustment On motion by Councilman Hall, seconded by Councilman 80-01 Raciti;. Budget.Adjustment 80-01 for improving the Canyon property -through stabilization and improvement of existing pond.a.nd water course, in the amount of $200,000.00, was',approved by the following roll call voter ;i . - ., . ., -AYES:, Council Members: Schafer, Raciti, Hall NOES:- Council. Members: None ABSENT: Council Members: McFarland, Hertzog Budget Adjustment On motion by Councilman Hall, seconded by Councilman 80-02 Raciti, Budget,Adjustment 80-02, to establish appro- priations.and,estimated revenues for Landscaping., Assessment Di stri.cts No:- 1- -and � No. 2, in the amount of. $7,800.00;-was.approved�by the following roll call vote: . AYES: Council Members:- -Schafer, Raciti, Hall NOES:Council Members: None ABSENT:Council• Members: McFarland, Hertzog Final Map On motion by Councilman Hall, seconded by Councilman Tract -10696 Raciti, Final Map for Tract No. 10696, James Sheldon Riley Riley, devel-oper;.1324, East. Balboa Boulevard, Newport Beach; 1 .l lot, 0.42=acre�,ocated at 2524 Elden Avenue, for condominium purposes, -was approved; the Council did!also accept on behalf of the City of Costa Mesa, the 3.00-foot,'publ-ic util,ty easement as dedicated; did also -approve subject ma,p pursuant to the provisions of Section 66436 (c) (1) of the Subdivision Mapi Act; and:the Deputy,Clerk.was authorized to sign on behalf . of ;the City,• by -:the fol l owi ng rol l cal l vote: AYES: -:Council Members: Schafer, Raciti, Hall End Consent NOES: Council Members: None Calendar ABSENT:- Council -Members: McFarland, Hertzog G and W Towing The Deputy Clerk-presented,from the meeting of June 4, 1979, a, request. from Donal.d Smallwood, on behalf of G Police Rotation and W, Incorpo,rat,ed;:740-B..Ohms'Way, Costa Mesa, to List be placed on the Costa Mesa police rotation towing list: On motion.by Councilman Raciti, seconded by Held Over Councilman, ,Hall -and carried; this item was continued to the meeting of -August -20 , f August 20, 1979. Request to. The Deputy Clerk. presented .from the meeting of June 41 Appeal 1979, a request to appeal the Planning Commission's ZE-79-68/RA-79-08 denial of Zone Exception�ZE-79=68, Redevelopment-. .- - , , Ragan­ edevelopment ..- Ragan• Action RA -79=08, from Terrance and Shelia Ragan, No., 8 Collins Island, Balboa Island, for a Conditional Use Hearing Set Permit to convert 75 apartment units to condominums, 1 1 1 Purchase Limitations Ordinance 79-10 Adopted Warrant Resolution 1076 located at 1845:Anaheim Avenue, in a R2 zone. Environ- mental Determination: Exempt. At their meeting of June 6, 1979, the Redevelopment Agency referred this item to the Planning Commission for reconsideration based,on--submi,ttal ,of a revised site plan. The Plan- ning Commission held a rehearing of the request and subsequently approved the -Zone Exception, thus causing the appeal of the Zone'Exception Permit to be unneces- sary. On July 5, 1979, the -Redevelopment Agency denied the accompanying Redevelopment Action David L. Colgan, 4100 MacArthur Boulevard; -Newport Beach, attorney for the applicants, was present to answer questions from the Council: Because the differing decisions of the two bodies resulted'in conflicting direction, a motion was made by Councilman,Raciti, seconded by Councilman Hall, and carried, setting a public hearing for August 203, 1979, at 6:30 p.m.- On .m.On motion by Councilman Hall;*seconded by Councilman Raciti, Ordinance 79-10, being AN 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 given second reading and adopted by the following rol l -cal-1 �-vote:' AYES: Council Members: Schafer, Raciti, Hall NOES: Council Members: `None ABSE'NT:''Council Members: McFarland, Hertzog On motion by Councilman Raciti'; seconded by Councilman Hall -.,'Warrant Resolution 10763, including Payroll 7914, was approved by .the following roll call vote: `-AYES:- Council Members: Schafer, Raciti, Hall NOES:, Council Members: None ABSENT:- Council Members: McFarland, Hertzog Liability Claims Ongmotion by:Councilman Hall, seconded by Councilman Against the City Raciti, Ordinance 79-23, being AN ORDINANCE OF THE CITY•COUNCIL-OF THE CITY OF COSTA MESA, ADDING SECTIONS Ordinance 79-12 2-185.1,-2=187.1 AND 2-189.1 TO THE COSTA MESA MUNICI- First, Reading PAL CODE, PURSUANT TO GOVERNMENT CODE SECTIONS 910.8, 935.2 AND 935.4-pertaining,to-claims against the City, was given: -first reading -and passed to second reading by -the following roll call vote: AYES: Council Members: Schafer, Raciti, Hall NOES: Council`Members: - -None ABSENT:- Council Membersl: -McFarland, Hertzog Lucky Stores Based on the recommendation of the City Attorney, a Tax Refund motion was made by Councilman Hall, seconded by Council - Suit man Raciti; and carried, authorizing the Orange County Counsel's -office to represent and defend the City of Costa Mesa's interest in Orange County Superior Court Case No. 313266, {Lucky Stores, Incorporated, versus County of'Orange, et al, pursuant to California Revenue and Taxation Code'Section 51.49. Request for The -City Attorney requested -an Executive Session after Executive Session the regular.meeting was adjourned to discuss pending litigation.: Public Hearing The Deputy Clerk announced that this was the time and R-79-02 place for the -public hearing, continued from the Kamph/Jackson meeting of June 18, 1979, for Rezone Petition R-79-02, Kamph and -Jackman;! 1200 North:Main Street, Santa Ana, authorized ' agent .for Li 11 i'an, Kamph, for permission to rezone property located at the southeast corner of Red Hill .Avenue and '(C1 i nton ,Avenue, from MP to CL. Environ- mental Determination:: Negative Declaration. The Dev- elopment -Services Director summarized the staff report and showed slides pertaining to said property. The 178 b Ordinance 79-13 First Reading Public Hearing R-79-06 Brooks Ordinance -79-14 First Reading Planning staff and Planning Commission recommended denial. CouncilmanRaciti stated that if the rezone is approved; it should be stipulated that the property revert back to -MP -if it is 'sold. The applicant, Tom Kamph-, 117 West -4th Street, Suite 100, Santa Ana, was present and stated that-he'would have no objections to any land-use;conditions.--:He further informed the Coun- cil -that the law -firm of Kamph'and Jackman will be occupying the top floor of the building, and medical offices will be occupying -approximately 50 percent of the first floor; leaving -.5,000 square feet open for occupancy.- A transportation engineering analysis has been submitted by the,traffic:engineering consulting firm of -Herman Kimmel and Associates, Incorporated, 4242 Campus Drive -,,Suite E=6, Newport Beach, indi- cating -that office use of -the property would generate approximately -,130., -more vehicle trip ends daily than industrial use. Edward F. Granzoq, Professional Engineer of Herman Kimmel%:and Associates, spoke -con- cerning the minimal impact of this rezone, indicating that when the -original report was prepared, the esti- mates -of trip ends were high, and did not feel they would,actual,ly-be:as high as'reported. There being no other -speakers. -the Vice Mayor closed the public hear- ing. On motion by. Councilman'Hall, seconded by Council- man Raciti, the Negative Declaration of Environmental Impact was adopted; the Council requested that a Land Use Restriction.agreement be prepared acceptable to the City Attorney and to be reviewed for content by the Council, and Ordinance 79=13; being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY M COSTA MESA, CALIFORNIA;- CHANGINGTHE ZONING OF A PORTION OF LOT 10, TRACT 7486, FROM MP TO CL; was given first reading and passed to second reading.by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council -Members: McFarland, Hertzog The Deputy Clerk announced that this was the time and place set -for the .public hearing of Rezone Petition R-79-06; Jimmy B. and Rebecca Brooks, 1668 New Hampshire Drive, Costa Mesa, .for permission to rezone property located at 932 and 936 West 18th Street, from R2 to R3. -Environmental Determination: Negative Declaration. The Development Sery Ices Director summarized the staff report, indicating that Lot Line Adjustment LL -79-03 is being -processed concurrently with this rezone to combine the two presently separate parcels. The Planning Com- mission has recommended approval. The applicant was present and spoke in support of his request. There being no.other'speaker.s, the Vice Mayor closed the public hearing. On motion by Councilman Hall, seconded by Councilman Raciti,-the Negative Declaration of Envi- ronmental Impact was'adopted, and Ordinance 79-14, being AN ORDINANCE OF THE'CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA; ­CHANGING THE ZONING OF A PORTION OF LOT 1004, NEWPORT MESA TRACT, FROM R2 TO R3, was given first reading with second reading and adoption delayed until the Lot Line Adjustment is complete, by the fol- lowing roll call vote: AYES: Council Members: Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: McFarland, Hertzog. Public Hearing The Deputy Clerk announced that this was the time and R-79-08 place set for the public hearing of 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 Determi- nation: Negative Declaration adopted for Specific Plan SP=78-02. The Development,Services Director summarized the staff report. A Conditional Use Permit 1 1 1 1 1 for a 108 -unit condominium project has been approved for this site; and the Planning Commission recommended approval. Jorge D. Alvarez, 1947 Killdeer Circle, Costa Mesa, representing the Janes Company, 2950 Airway Avenue, Costa Mesa, developers of the property, was present and answered questions from the Council. There being no other speakers, the Vice Mayor closed the public hearing. On motion by Councilman Hall, seconded by Councilman Raciti, Ordinance 79-15, being Ordinance 79-15 AN ORDINANCE•OF THE CITY COUNCIL OF THE CITY OF COSTA First Reading MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOTS 5 AND 6, BLOCK "E", BERRY TRACT, FROM R2 TO R3, was given first reading and passed to second reading -by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: McFarland, Hertzog Public Hearing The Deputy Clerk announced that this was the time and Landscape place set for the public hearing, continued from the Ordinance meeting of June 4, 1979, to consider a proposed ordi- nance amending Title 13 of the Costa Mesa Municipal Held Over Code, adopting landscape requirements and standards for all districts, except R1. Environmental Determination: Exempt. Based on the Planning staff's recommendation, a motion was made by Councilman Hall, seconded by Councilman Raciti, and carried, to continue this item to the meeting of August 20, 1979. Public Hearing The Deputy Clerk announced that this was the time and Magic Carpet place set for the public hearing of an application for Ambulette a Certificate of Public Convenience and Necessity, to provide wheelchair ambulette services, from Magic Carpet Ambulette Corporation, 1560 East Edinger Avenue, Santa Ana. The -Acting City Manger referred to a memorandum to the Finance Director from the Revenue Division dated July 3, 1979, which states that the Fire Department rec- commended that the driver of the van be required to carry an Advanced First -Aid card. On May 1, 1978, the Council granted applicant's initial request that this company be granted a permit for the period of one year, authorizing the transportation (on a non -emergency basis) of passengers confined to wheelchairs. However, the permit was revoked, due to lack of Certificate of Insurance, as required by Costa Mesa Municipal Code Section 9-264. A properly executed Certificate of In- surance is now on file, and the Revenue Division's recommendation.is to grant the permit for one year and at that time the Council could review the matter before a permanent permit is granted. The applicant, Ronald Rogers, spoke in support of his request, answered ques- tions from the Council; and agreed to the conditions. During discussion, it was pointed out that the ambulette services are covered by a special franchise provision on the Costa Mesa Municipal Code, Section 9-258, and that this service is on a non -emergency schedule. Phil Gazzo, 175 Cabrillo Street, Costa Mesa, Vice -President of Operations of Orange County Schaefer's Ambulance Service, spoke in opposition to the request, and asked for a revision to the ordinance regulating rates in the City. The acting City Manager pointed out that rates and standards for emergency -ambulance and non -emergency ambulette services are two seperate issues. There being no other speakers, the Vice Mayor closed the public hearing. During discussion, it was decided that the ordinance governing rates for these types of franchises would be -referred to the City Attorney and brought up at the next convenient study session. On motion by Council- man Hall, seconded by Councilman Raciti, the application was approved for one year, subject to the conditions that the van driver shall carry an "Advanced First -Aid card", and Certificate of Insurance as required by 181 Oral Communications Jack Badorek, 682 Capital Street, Costa Mesa, spokesman Section 9-264 of the Costa Mesa Municipal Code is West -Side furnished to the Revenue Division; and Resolution Neighborhood 79-90, being A RESOLUTION OF THE CITY COUNCIL OF Resolution 79-90 THE CITY OF COSTA MESA, MAKING THE DETERMINATIONS Adopted FOR THE ISSUANCE OF A CERTIFICATE OF PUBLIC CONVEN- IENCE AND NECESSITY, DIRECTING ITS ISSUANCE AND CON- DITIONS IMPOSED THEREON TO MAGIC CARPET AMBULETTE CORPORATION, was adopted by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: McFarland, Hertzog John Wayne Airport On motion by Councilman Hall, seconded by Councilman Master Plan Raciti, Resolution 79-91, being A RESOLUTION OF THE Handbooks CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 79-91 PERTAINING TO THE DEVELOPMENT OF A MASTER PLAN AND AIRPORT NOISE CONTROL AND LAND USE PLAN FOR JOHN WAYNE AIRPORT, ORANGE COUNTY, was adopted by the fol- lowing roll call vote: AYES: Council Members: Schafer, Raciti, Hall NOES; Council Members: None ABSENT:` Council Members: McFarland, Hertzog Oral Communications Jack Badorek, 682 Capital Street, Costa Mesa, spokesman Councilmanic Councilman Hall referred to a letter received from Traf- Comments fic Commission Chairman Derald Hunt, suggesting that problems regarding traffic circulation involve the Traffic Commission Traffic Commission ealier in the process, but Councilman Input Hall felt that because the Traffic Commission met only once a month, these matters would be delayed unneces- sarily. Energy Conversation Councilman Raciti urged the people of Costa Mesa to follow the lead and requests of President Carter to conserve energy. Promotional Vice Mayor Schafer stated that it has been brought to Participation her attention by the Acting City Manager that a special edition of the Los Angeles Times will be forthcoming, and asked that the City participate by furnishing information pertaining to major developments and geo- graphical relationship of this community concerning the cultural aspects of Orange County. A motion was made by Councilman Hall, seconded by Councilman Raciti, directing the City Manager to enter into the necessary negotiations with the Los Angeles Times for their special edition on cultural centers, in an amount not to exceed $1,100.00 by the following roll call vote: AYES: Council Members: Schafer, Racit % Hall NOES: Council Members: None ABSENT: Council Members: McFarland, Hertzog J 1 for a large group of'Capital Street residents present, West -Side related a problem concerning a shooting, gang fights, Neighborhood reckless drivers, and people living and sleeping in Disorder automobiles, on Capital Street, and in other parts of the west side of the City. Councilman Hall assured the group that the City is aware of the problem, and is taking steps to bring the problem under control. Hubert Harget, 2232 Pomona Avenue, Costa Mesa, spoke concerning a similar problem on his street, such as profanity on walls, beer bottles and cans in the street and on the lawns, and gang fights. Councilman Raciti referred to the plans of the City to upgrade the area. Legislative Kip Lipper, of Assemblyman Dennis Mangers' office, del - Handbooks vered the Legislative Handbooks for the 1979 Legislative Session. Councilmanic Councilman Hall referred to a letter received from Traf- Comments fic Commission Chairman Derald Hunt, suggesting that problems regarding traffic circulation involve the Traffic Commission Traffic Commission ealier in the process, but Councilman Input Hall felt that because the Traffic Commission met only once a month, these matters would be delayed unneces- sarily. Energy Conversation Councilman Raciti urged the people of Costa Mesa to follow the lead and requests of President Carter to conserve energy. Promotional Vice Mayor Schafer stated that it has been brought to Participation her attention by the Acting City Manager that a special edition of the Los Angeles Times will be forthcoming, and asked that the City participate by furnishing information pertaining to major developments and geo- graphical relationship of this community concerning the cultural aspects of Orange County. A motion was made by Councilman Hall, seconded by Councilman Raciti, directing the City Manager to enter into the necessary negotiations with the Los Angeles Times for their special edition on cultural centers, in an amount not to exceed $1,100.00 by the following roll call vote: AYES: Council Members: Schafer, Racit % Hall NOES: Council Members: None ABSENT: Council Members: McFarland, Hertzog J 1 Adjournment -to At 8:30 p.m., the Vice Mayor adjourned the meeting to Executive Session the City Clerk's office for an Executive Session to discuss pending litigation. Adjournment The Vice Mayor adjourned the meeting at 9:30 p.m. Pow) Mayor of the City osta Mesa ATTEST: F, -1: G. City Clerk of the City of Costa 11sa i