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HomeMy WebLinkAbout08/06/1979 - City Councils. REGULAR MEETING""" -OF THE CITY COUNCIL CITY OF COSTA MESA August ,6, 1979 Historical Joyce Martin, President of the Costa Mesa Historical Society Picnic Society, invited the Council Members to the Society's picnic on August 26, 1979, to be held at the.Estancia. CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 15, professional services proposal from Westland Associates, Limited, for South Coast Drive Assessment District No. 79-1. On motion by Councilman Hall, seconded by Councilwoman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: 1 1 1 The City Council of the City of Costa Mesa, California, met in regular session on August 6,-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 Don Brendtro, Prince of Peace Lutheran Church. Roll Call- Council Members Present: McFarland, Raciti, Hertzog = Hall Council Members Absent: Schafer Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk Minutes On motion by Councilman Hall, seconded by Councilwoman July 16, 1979 Hertzog, and carried, the minutes of the regular meet- ing of July 16, 1979, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilman Raciti, seconded by Councilwoman Hertzog, and carried, to read all ordi- nances by title only. John Connell On motion by Councilwoman Hertzog, seconded by Council - Commended man Hall, Resolution 79-92, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 79-92 COMMENDING JOHN CONNELL IN APPRECIATION OF DEDICATED SERVICE ON THE COSTA MESA TRAFFIC COMMISSION, was adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer Lucy and Alvin On motion by Councilwoman Hertzog, seconded by Council- Pinkley man Hall, Resolution 79-93, being A RESOLUTION OF THE Commended CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RECOGNIZING ALVIN AND LUCY PINKLEY ON THE OCCASSION OF Resolution 79-93 THEIR RETIREMENT FROM A SUCCESSFUL BUSINESS VENTURE FOR FORTY-SIX YEARS, was adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer Historical Joyce Martin, President of the Costa Mesa Historical Society Picnic Society, invited the Council Members to the Society's picnic on August 26, 1979, to be held at the.Estancia. CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 15, professional services proposal from Westland Associates, Limited, for South Coast Drive Assessment District No. 79-1. On motion by Councilman Hall, seconded by Councilwoman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: 1 1 1 AYES: Council Members: McFarland, Raciti; Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer No -Parking on A letter from Mrs. J. Wilkers, 2030 Pomona Avenue, and Pomona Avenue Ray Sothern, 2034 Pomona'Avenue, requesting that no - parking which now begins at the Sterling Avenue fire hydrant on the west side of Pomona Avenue be extended south to at least 20th Street, was referred to the Traffic Commission. 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: Health and Tennis Corporation of America, Incorporated; Attorney Jay D. Gould on behalf of LeRoy Keller; Kathy McCoy on behalf of Andrew McCoy, a minor; and Arlene M. Cole. Peripheral A resolution from the City of Stanton supporting Canal peripheral canal legislation, Senate Bill 200, as amended on May 7, 1979. Local Tax A resolution from the City of Stanton endorsing Revenues the League of California Cities' policy state- ment on revenue and taxation and the league resolution requesting the allocation of existing tax revenue to cities and counties, and opposing the McCarthy/Priolo proposal to eliminate local sales tax and urging,a llFcities in Orange County to oppose said proposal,: n Group Homes A -letter from the Mayor of the City of Fountain Valley pertaining to Senate Bill 2093, limiting the right of cities to exercise land use and zoning control over group homes. Local Agency From the Local Agency Formation Commission, Formation Resolutions 79-849 79-859 79-869 79-879 79-88, Commission and 79-89 regarding annexations to the Costa Mesa Sanitary District, known as Engineer's Numbers 183, 1863, 1879 189, 190, and 180; said resolutions giving permission for said District to annex without notice and hearing. Alcoholic Alcoholic Beverage License applications for Beverage which,parki�ng has been approved by the Planning Licenses Department from: Oliver's Incorporated, doing business at 3000 -Bristol 'Street; Hannibal W. Tambellini., doing business at 686.West 19th Enda- Street; and Jose,L.-Barragan and Gonzalo Pulido, Reading Folder doing business at. -1025 E1 Camino Drive. Business Permits A request from the Irvine Police Association and Richard E. George Productions, 11745 Edinger Avenue, Irvine Police Fountain Valley,)for.,a;,uariety, show at the Orange County Fairgrounds on August 5, 1979, was ratified. United Way Notice of Intention to Appeal or Solicit for Charitable Purpose from United Way of Orange County North/South, 3909 Metropolitan Drive, Suite 500, Orange, by fund sol-icitation from September 1 through December 15, 1979, was approved. Set -for Public The -following items Hearing August 20, 1979, at of City Hall: were set for public hearing on 6:30 p.m., in the Council Chambers R-79-09 Rezone Petition R-79-09, Costa Mesa City Coun- cil, for permission to rezone property located at 280 through 300 (even numbers only) Victoria Street, from AP -CP to R2 and CL. Environmental Determination: Environmental Impact Report adopted for Specific Plan SP -76-01 on April 19, 1976. R-79-07 Rezone Petition R-79-07, Willard T. Jordan, Jordan/Ward authorized agent for Donald R. Ward, 116 Kings Place, Newport Beach, for permission to rezone property located at 380 West Wilson Street, from C1 to R3. Environmental Determination: Neg- ative Declaration prepared for Rezone Petition R-78-18. R-79-12 Rezone Petition R-79-12, Richard A. Sewell, 136 Sewell RochesterDStreet; Costa Mesa, authorized agent for Robert E. and Joyce R. Campbell, Edward J. Schnabel, and Charles S. Alms, for permission to rezone property located at 660, 666, and 672 West 18th Street, from R2 to R3. Environmental Determination: Negative Declaration. Claim - Hinson On motion by Councilman.Hall, seconded by Councilwoman Denied Hertzog, and carried, the claim of Lee J. Hinson was denied. Claim'- Lynn On motion by Councilman Hall, seconded by Councilwoman Denied Hertzog, and carried, the claim of Doris A. Lynn was denied. Prohibition The Traffic Commission has recommended prohibition of of Parking on parking on both curbs of Milbro Street for 100 feet Milbro Street south of Baker Street in conjunction with the proposed installation of a traffic signal at the intersection of Milbro and'Baker Streets. On motion by Councilman Resolution 79-94 Hall, seconded by Councilwoman Hertzog, Resolution 79-94, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF MILBRO STREET, was adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Counci:l:�Members: None ABSENT: Council Members: Schafer Relocation of The Traffic Commission has recommended relocation of Bus Stop on the northbound bus stop on Red Hill Avenue at Fischer Red Hill Avenue Avenue from the farside to the nearside of Fischer Avenue because of'cdmplafnts received by the Orange County Transit District of property damage by bus patrons. On motion by C6uncilman Hall, seconded by Resolution 79-95 Councilwoman Hertzog, Resolution 79-95, being A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DESIGNATING THE RELOCATION OF A BUS STOP WITHIN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall i NOES: Council Members: None ABSENT: Council:Members: Schafer Relocation of The Traffic Commission has recommended relocation of Bus Stop on the southbound bus stop on Harbor Boulevard at Sun - Harbor Boulevard flower. Avenue because of complaints received by the Orange County Transit District of property damage by bus patrons. On motion by Councilman Hall, seconded by Resolution 79-96 Councilwoman Hertzog, Resolution 79-96, being A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DESIGNATING THE RELOCATION OF A BUS STOP WITHIN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: McFarland; Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer Prohibition The Traffic Commission h6s1'ree6mmended prohibition of - of -Parking on parking on the easterly curb'of=Cinnamon Avenue from Cinnamon Avenue 160 feet to 460 feet north of -the centerline of Date Place -and from'560 feet north to Gisler Avenue; and on the westerly curb from 100 feet to 250 feet north of the centerline of Coriander Drive, in order to prevent obscuring the vision of drivers exiting business driveways. On motion by Councilman Hall, seconded by Resolution 79-97 Councilwoman Hertzog, Resolution 79-97, being a RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF CIN-' NAMON AVENUE, was adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer Final Map for On motion by Councilman Hall, seconded by Councilwoman Tract 10278 Hertzog, Final Map and a Subdivision Agreement for McLain Tract 102783, McLain Development Company, 1470 Jamboree Road, Newport Beach, developer; 57 lots and Lots "A", "B", and "C", 12:03 acres, located at the southeast corner of Fairview Road and Sunflower Avenue, were approved'; the Council d'id also accept on behalf of the public the -dedication of Fairview Road, Sunflower Avenue, and Wimbledon' Way for street purposes; did also accept on behalf of `th'e1' City of Costa Mesa: (1) Lot "B", in fee simple, for park purposes as dedicated; (2) the three-foot wide easement for Lots 1 through 57 for public utility purposes as dedicated; (3) the easement for emergency and public security ingress and egress purposes and public utility purposes over Lot "A" (private street) as dedicated; (4) the ten -foot wide easement for pedestrian -purposes as dedicated; (5) the vehicular access rights from Lot "C" as released and relinquished; did'also approve subject map pursuant to the provisions of-Section`66436 (c)(1) of the Subdivi- sion Map Act; theClerk-was authorized to sign said Map, and the Mayor and Clerk were authorized'to sign the agreement on -behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer .Notice of Construction'of toe 17th Street Storm Drain (Phase I) Completion from Irvine Avenue to'Santa Ana Avenue has been com- pleted by Lawrence A. Gosh and Gosh Construction 17th Street Corporation, a joint venture, 341 South McCadden Place, Storm Drain Los Angeles, to the satisfaction of the Director of Public Services. On motion by Councilman Hall, sec- onded by Councilwoman Hertzog, the work was accepted; $4,500.00 'of the 10.. percent'ret"ention was ordered retained until potential claims'are settled; the Clerk was authorized to'"file a qua'li�f-ied Notice of Comple- tion; 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: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer Agreement - An agreement between the City and Roy A. Parsons, Parsons/Wiebe Kathrine W: Parsons; Ernest M. Wiebe, and Leah M. Wiebe, for acquisition of 2,399.35 square feet of land Baker Street and for the Baker Street and Paularino Avenue Widening Paularino Avenue Project, Parcels 4 and 5, was presented. The agreement Widening stipulates a payment by -the City of $22,050.00, and for escrow to terminate as soon as possible. On motion by Councilman Hall, 'seconded by Councilwoman Hertzog, the agreement was appr.,oved;-andithe•Mayor and Clerk were authorized to -sign on behalf -'of,, the City, by the.'fol- lowing roll call vote:- ,. ' AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES:, ,Council Members: None ABSENT: Council Members: Schafer Senate Bill 821 On motion by Councilman Hall, seconded by Councilwoman Bicycle Trails Hertzog, Resolution 79-98,.being A RESOLUTION OF THE Fund - CITY COUNCIL OF THE CITY OF,COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND/OR'PEDESTRIAN Resolution 79-98 FUNDS AUTHORIZED UNDER SB 821 AND APPROVING THE ADOPTION OF.ITS BICYCLE AND/OR PEDESTRIAN PLAN, was adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer Agreements Participation andSubscription Agreements between the Imperial Bank City and Imperiaf Bank, in connection with investment of the Executive�Deferred Compensation monies, were Deferred presented: The a'greemen,ts.implementing the "Imperial Compensation Plan" provide another investment alternative by Parti- cipating in trust,'deeds with a subsidiary of Imperial Bank, and also relieves the City of the majority of administrative bu-rden:, ,On -on by Councilman Hall, seconded by Councjilwoman Hertzog', the agreements were approved, and the Mayor •was.: :aut-horized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall .NOES:- Council Members: None ABSENT: :Council Members: Schafer Amendment to Because of the unavailability of the police units pre - Lease with viously fur'nished'under the -lease with Theodore Robins Theodore Robins Leasing Company, Costa Mesa, a motion was made by Coun- cilman Hall, seconded by Councilwoman Hertzog, approv- Police Cars ing amendment to -the lease as follows: (1) Four units to be delivered August, 1979, will not conform to Sched- ule "A" of the referenced contract in that the engines being furnished will be 302 cubic inch V-8 rather than the 350 cubic inch V-8; and the unit will be'an LTD and not an LTD=II; (2) The monthly rental rate will be $430.00 per month for 18 months, rather than $399.00, by the following roll call vote: - AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council.Members: Schafer Negative On motion by Councilman Halle, seconded by Councilwoman Declaration for Hertzog, and carri,ed,;,Vice,Mayor Schafer absent, the Canyon Park Negative Declaration'of Environmental Impact for the Canyon Park Impro'vements;r Phase, I, was adopted. Retrofit Paint On motion by Councilman Hall, -seconded by Councilwoman Striper Hertzog,.authorization was given to retrofit the Traffic Engineering Division's paint striper by sole source vendor, Idaho Norland, Paul, Idaho, for an estimated amount of $6,650.00, by the following roll 1 1 call vote: AYES:, Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer Lease - Lexitron On motion by Councilman Hall, seconded by Councilwoman and Tallmantz Aviation, Hertzog, a one-year lease with Lexitron Corporation, Word Processing 1633 East Fourth Street, Suite 132, Santa Ana, for word Equipment processing equipment for,the Planning Division, City of Costa Mesa Clerk's office, and Central Services Division, in the Police Helicopters N-9278 and amount of $26,000.00, was approved by the following Maintenance roll call vote: seconded by Councilwoman AYES: Council Members: McFarland, Raciti, Hertzog,,the agreement was 'approved, Hertzog, Hall NOES: Council Members: None on behalf of the City, by ABSENT: Council Members: Schafer Restroom and Bids received for the Construction of a Restroom and Handball/Basketball Handball/Basketball Court at Shiffer Park are on file Court at Shiffer in the Clerk's office. On motion by Councilman Hall, Park seconded by Councilwoman Hertzog, the contract was awarded to'Hondo Company; 10747 Crawford Canyon Road, Awarded Santa Ana, in the amount of $86,355.00, having sub - Hondo Company mitted the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer Budget Adjustment On motion by Councilman Hall, seconded by Councilwoman No. 80-04 Hertzog, Budget Adjustment No. 80-04, to establish an adequate appropriation for an additional Communications Officer for approximately 11 months, was approved in the amount of $12,000.00 by the following roll call Vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall .NOES: Council Members: None ABSENT: Council Members: Schafer Kroger Company On .motion by Councilman Hall, seconded by Councilwoman Tax Refund Suit Hertzog., and carried, Vice.�Mayor Schafer absent, the County Counsel's office was authorized to represent and defend the City of Costa Mesa's interest in Orange County Superior Court Case No. 31-74-14, Kroger Com- pany;"doing-business as Market Basket versus County of Orange, et .al, pursuant to California Revenue and Taxat,ion,Code Section 5149. Burroughs On motion by Councilman Hall, seconded by Councilwoman Corporation Hertzog, and carried, Vice Mayor Schafer absent, the Tax Refund Suit County Counsel'''s office was authorized to represent and defend the City of Costa Mesa's interest in Orange County Superior Court.Case No.:31-25-39, Burroughs Corporation versus County of Orange, et al; pursuant to California Revenue and Taxation Code Section 5149. Agreement - An agreement between the City and Tallmantz Aviation, Tallmantz Incorporated, Orange County Airport, Santa Ana, for service, maintenance, and inspection of Costa Mesa Helicopter Police Helicopters N-9278 and N -9279-F, was presented. Maintenance On motion by Councilman Hall, seconded by Councilwoman Hertzog,,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, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer Agreement - Item 15 on'the Consent Calendar, a proposal from Westland Westland Associates, Limited, 23011 Moulton Parkway, Associates Suite 10, Building B, Laguna Hills, was presented. The proposal is to provide professional consulting Assessment and soils engineering Iservices in connection with the District 79-1 construction of Assessment District 79-1, located on Soil Testing South Coast Drive,between'Harbor Boulevard and'Fair- view Road. On motion by.Councilman Raciti, seconded by Councilman Hall, the proposal was approved subject to the condition that an agreement acceptable to the City Attorney be entered into between the City and Westland Associates, and the Mayor and Clerk were authorized to sign on behal.f 'of the City, by.'the fol- lowing roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall End - NOES: Council Members: None Consent Calendar ABSENT: Council Members: Schafer Claims On motion by Councilman'Hall, seconded by Councilwoman Procedures Hertzog, Ordinance 79-12; being AN ORDINANCE.OF THE 'CITY COUNCIL OF THE CITY OF COSTA MESA, ADDING SECTIONS Ordinance 79-12 2-185.1, 2-187.19;AND 2=189.1 TO THE COSTA MESA MUNI - Adopted CIPAL CODE PURSUANT TO GOVERNMENT CODE SECTIONS 910.8, 935.2, AND 935.4,'pertaining to claims procedures, -was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer Designating On motion by Counci-lman,Hall, seconded by Councilwoman Employees Hertzog, Resolution 79-99, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA DESIGNATING Resolution 79-99 ENUMERATED.EMPLOYEES TO SERVE AS INSURANCE COMMITTEE, was adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer R-79-02 On motion by Councilman Raciti, seconded by Mayor Kamph/Jackman McFarland,'Ordinahce 79-13, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 79-13 CHANGING THE ZONING OF A PORTION OF LOT 103, TRACT 7486, Adopted FROM MP TO CL, in -connection with Rezone Petition R-79- 02, was given second reading and adopted by the fol- lowing roll call Vote: .AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer R-79-08 On motion by Councilwoman Hertzog, seconded by Council- man Hall, Ordinance 79-15, being AN ORDINANCE OF THE Ordinance 79-15 CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted CHANGING THE ZONING OF A PORTION OF LOTS 5 AND 6, BERRY TRACT, BLOCK "Ell ,"FROM R2 TO R3, in connection with Rezone Petition R=-79-08- was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, ' Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer Warrant On motion by Councilwoman Hertzog, seconded by Council - Resolution 1077 man Raciti, Warrant Resolution 1077, including Payroll 7915, was approved by the following roll call vote: AYES: Council�Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer 1 1 Warrant On motion by Councilman Raciti, seconded by Council - Resolution 1078 woman Hertzog, Warrant Resolution 1078 was approved by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer Fenn The City Attorney reported that in connection with the Litigation Fenn litigation, a check has been received by the City from the Fenns, in the amount of $1,075.00 which completely satisfies the judgement which the City had obtained against them. Additionally, he reported that the property has been completely cleared. Sale of The City Attorney requested Council guidance in con- Mardan Center nection with the sale by the City of the Mardan Center Property property, located at 695 West 19th Street. After Council discussion, a motion was made by Councilman Hall to proceed with.the sale of the property based on the following: (1) City to have contract right of first refusal if Mardan ever seeks to sell to third parties; and (2) If the first condition is void or unenforceable, then the City's right is limited to a 60 - year option to repurchase pursuant to California Civil Code Section 715.6. The motion was seconded by Council- woman Hertzog, and carried by the following roll call vote: AYES: .Council,Members: McFarland, Hertzog, Hall NOES: Council Members: Raciti ABSENT: Council Members: Schafer Request for At the request of the City Attorney, an Executive Executive Session was scheduled to be held immediately following Session the close of this meeting'. Employee Payroll The City Manager presented a. proposed resolution con - Deductions for cerning charitable -contributions by City employee Charitable payroll deductions.. On motion by Councilman Hall, Purposes seconded by .Councilman Racit.i, Resolution 79-100, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY Resolution 79-100 OF COSTA MESA, CALIFORNIA, CONCERNING CHARITABLE PAY- ROLL DEDUCTIONS, was adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hall NOES: Council Members: None ABSENT: Council Members:. Schafer ABSTAINING: Council Members: Hertzog Agreement - Top The City Manager presented a proposed agreement between Investments the City and Top Investments, Limited, 1000 North Bristol Street, Suite,189 Newport Beach, for acquisition of a triplex and 8,491.71 square.feet of land for the Housing HCDA Family and Community Development'(HCDA) Family Housing Project, Housing Project located at 755 West 20th Street, which is within the Wallace'Avenue Neighborhood..Strategy Area. On motion by Councilwoman Hertzog, seconded by Councilman Hall, the agreement was approved..i.n the amount of $118,500.00, and the Mayor and -Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members.: None ABSENT: Council Members.: Schafer Public Hearing The Clerk announced that this was the time and place R-79-10 and set for the public hearing to consider Rezone Petition ZE-79-112 R-79-10, William J. Carden, authorized agent for DVM, Carden/DVM Incorporated, Post Office Box 79673, Newport Beach, for � `L ,11 J1 Ordinance 79-16 First Reading Public Hearing R-79-11 Gelke/Moeller Ordinance 79-17 First Reading permission to rezone property located at 3001 Red Hill Avenue, from MP to PDI zone; and Zone Exception ZE-79- 112, William J. Carden, for a Conditional Use Permit for review of a Planned Development for property located at 3001 Red Hill Avenue, in an MP zone. Environmental Determination for both applications: Negative Declara- tions. The Affidavit of Publication is on file in the Clerk's Office. No communications have been received. The Planning Commission recommended approval of the. rezone. The zone exception was also recommended for approval by the Planning Commission subject to the following conditions: (1) Conditional Use Permit shall not become effective until the property has been offi- cially rezoned to PDI; and (2) Existing water mains and hydrants shall be dedicated along with repair easements to the Mesa Consolidated Water District. The Develop- ment Services Director summarized the application and answered questions from the Council concerning permitted uses in the MP zone. Councilwoman Hertzog voiced con- cern over the possible use of Group 43 which is for United States Postal Service. William J. Carden was present and spoke in support of the applications and agreed to delete the permitted use for the postal service. There being no other speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Councilwoman Hertzog, the'Negative Declaration of Environ- mental Impact was adopted', and Ordinance 79-16, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF PARCEL MAP 3-26, BEING A PORTION OF THE IRVINE SUBDIVI- SION, FROM MP TO PDI, was`.given first reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer On motion by Councilman Hall, seconded by.Councilwoman Hertzog, and carried, the,Negative Declaration of Environmental Impact for Zone Exception ZE-79-112 was adopted, and the application was approved subject to the two conditions imposed by the Planning Commission, and the additional condition that Group 43, United States Postal Service, be deleted as a permitted use. The Clerk announced that this was the time and place set for the public hearing to consider Rezone Petition R-79-11, Christian'J..Gelke and Heino A. Moeller, 2991 Grace Lane, Costa Mesa, for permission to rezone property located at the above address from M1 to CL. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's. office. No communication's have been received. The Planning Commission recommended approval. The Develop- ment Services Director summarized the application; including the types of uses being utilized on this property. The applicant was present but there were no questions from the'Council. There being no speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Councilwoman Hertzog, the Negative Declaration of Ehvironmental Impact was adopted, and Ordinance 79-17, being AN ORDINANCE OF THE CITY COUN- CIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THAT ZONING OF LOT 3, TRACT 3878, FROM M1 TO CL, was given first reading and passed to second reading by the fol- lowing roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer 1 Fi Public Hearing The Clerk announced that this was the time and place. SP -78-02 set for the public hearing of Specific Plan SP -78-02, Randolph Avenue amendments to -the Implementation Plan and Precise Plan Extension of Alignment for the Randolph Avenue extension. The Affidavit of Publication is on file in the Clerk's office. No communciations have been received. The Planning Commission recommended approval of Option III for the implementation of street improvements, and also recommended the inclusion.of knuckles at the outside of both curves in Randolph Avenue as per the recommenda- tion of the Traffic Engineering Division. The Asso- ciate Planner gave a summary of the document entitled: Amendments SP -78-029 Implementation Plan and Precise Alignment, which details the proposed amendments to be considered in order to'realize the goal of providing through -street access between Baker Street and Paul- arino Avenue. He further stated that four major decisions will be required by Council: (1) The amend- ment of the precise alignment which will result in the addition of a knuckle to the outside curve where Randolph Avenue chahges from an east/west to a north/ south street toward Paularino Avenue; (2) the need for immediate through -street access which relates to the desired time frame to realize the goal of providing access from Baker Street and Paularino Avenue; (3) The extent of short-term improvements; and (4) The means to implement desired improvements which would require the Council to rescind its previous offer to exchange right-of-way dedication for City street improvements. Jorge:Alvarez; 1947 Killdeer,Circle, Costa Mesa, repre- senting the Janes Company, was present and asked if,the agreement made between the City and the Janes Company for dedication/improvement exchanges would be affected, and -the -Associate Planner responded that it would not. Mr. Alvarez also advised that if the additional knuckle on Randolph Avenue is approved, the building which they have designed, to be located adjacent to the street, will -make it impossible to retain a 25 -foot setback. The Development Services Director responded that this would not be a problem,and that staff has already ap- proved:his design. There being no other speakers, the Mayor closed the public'hearing. After brief dis- cussion, a motion was made by Councilman Hall to amend the precise alignment as outlined on Page 10 of the above-mentioned document. The Associate Planner informed the Council that the amendments must be adopted by .. Resolution and therefore Councilman Hall withdrew his motion.. On further motion by Councilman Hall, seconded Resolution by Councilwoman Hertzog, Resolution 79-101, being A 79-101 RESOLUTION OF THE CITY COUNCIL -OF THE CITY OF COSTA MESA,- CALIFORNIA, ADOPTING AMENDMENTS TO SPECIFIC PLAN SP -78-02 FOR IMPLEMENTATION OF THE CONSTRUCTION OF THE RANDOLPH AVENUE EXTENSION, which' incorporates the fol- lowing amendments as recommended by the Planning Com- mi:ssion: (1) Amend -the precise alignment by adding an additional knuckle on Randolph Avenue; (2) Immediate through -street access is';not needed; (3) Implement street improvement Option III; and (4) Except for the previous agreement with the Janes Company, rescind ded.ication/improvement exchange offers, which now will require adjacent property owners to dedicate and improve remaining Randolph Avenue'right-of-way, was adopted by the following roll call vote: AYES: Council Members: McFarland, Hertzog,. Hall NOES: Council Members: 'Raciti ABSENT: Council Members: Schafer Public Hearing The Mayor announced that this was the time and place Assessment set for,the public hearing for Assessment District No. District 79-01 79-01, South Coast Drive, C.J. Segerstrom and Sons, t South Coast pursuant to the provisions of the Municipal Improvement Drive - Act of 1913. The Clerk announced that Notice of Hear-' Segerstrom ing under Division 12 of the Streets and Highways Code of the State of California had been given in the manner and form as required by law, and that the following affidavits are on file in the office of the City Clerk: (1) Certificate of Posting Streets; (2) Certificate of Mailing Notice and Filing'Boundary Map; (3) Affidavit of Publication of Notice of Improvement; (4) Affidavit of Publication of Notice Inviting Sealed Bids; and (5) Affidavit of Posting Notice Inviting Sealed Bids. Mr. F. MacKenzie Brown, 1600 Dove Street, Suite 110, New- port Beach, Assessment District counsel, explained the purpose, scope, and order of procedure for the public hearing. He also explained the general nature, loca- tion, and extent of the -proposed works of improvement and boundaries of the Assessment District. George McFarlin of Robert Bein, William Frost and Associates, professional environmental engineers and planners, 1401 Quail Street, Newport Beach, presented and summarized the document entitled: Engineer's Report for Assess- ment District No. 79-01, pursuant to the provisions of the Municipal Improvements Act of 1913, consisting of the following: (a) Plans; (b) -Specifications; (c) Assessment Roll; (d) Assessment Diagram; and (e) Description of Works of Improvement. Mr. McFarlin further stated that the types of improvements included streets, bicycle paths, sidewalks, landscaping, irri- gation, traffic signals, water system, fire hydrants, street lights, and underground utilities; and, ex- plained that the method of allocating the cost of the district to the individual parcels was calculated according to benefit to be received by each parcel. Mr. McFarlin also reported that seven construction bids had been opened and read on July 31, 1979, and are on file in -the office of the City Clerk. Terry Fleming of Fleming Engineering, Incorporated, 13909 Artesia Boule- vard, Cerritos, one of the bidders for this project, filed an official protest with the City against the bid submitted by the -Griffith Company, Post Office Box BT, Irvine, apparent low bidder; alleging that the bid was incomplete because it'did not conform to all the sig- nature requirements. Mr. Fleming was present and reiterated that it was his opinion that the Griffith Company bidwas invalid. The City Attorney responded that the Griffith Company bid had been initialed on all pages except Page P=6 but that on said page a full signature was present and duly notarized. Further, the City Attorney reported that there was no requirement in the specifications that all pages be initialed by the bidder although most of the contractors did so. Based on his findings, the City'Attorney stated it was his opinion that there was no error of substance in the Griffith Company bid, and thereafter, Mr. McFarlin recommended awarding the contract to the low bidder. The City Clerk announced that there were no written or oral protests received from property owners within the Assessment District. There being no other speakers, a motion was made by Councilman Hall, seconded by Coun- cilwoman Hertzog, and carried unanimously, Vice Mayor Schafer absent, closing the public hearing. On motion by Councilman Hall, seconded'by Councilman Raciti, and Negative carried unanimously, the Negative Declaration of Declaration Environmental Impact was adopted. On motion by Coun- Adopted cilman Hall, seconded by Mayor McFarland, and carried unanimously, based on Resolution PC -79-09 of the Costa District in Mesa Planning Commission, the Council determined the Conformity with Assessment District to be in conformity with the City's General Plan General Plan. On motion by Councilman Hall, seconded by Councilwoman Hertzog, Resolution 79-1025 being A Resolution 79-102 RESOLUTION OF THE CITY COUNCIL ORDERING CERTAIN CHANGES i 1 Ordering Certain AND MODIFICATIONS IN PROCEEDINGS AND ASSESSMENTS IN AN Changes ASSESSMENT DISTRICT PURSUANT TO THE "MUNICIPAL IMPROVE- MENT ACT OF 1913"; BEING DIVISION 12 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, which includes -reduced assessments because of the favorable construction bid received, was adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT:, Council Members: Schafer Resolution 79-103 On motion byCouncilwoman Hertzog, seconded by Coun- Confirming Assess- cilman Hall,'Resolution 79-103, being A RESOLUTION OF ment; Ordering THE CITY COUNCIL CONFIRMING THE ASSESSMENT, ORDERING Improvements; THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, Approving Engi- AND APPROVING THE ENGINEER'S REPORT, was adopted by neer 's Report the following .roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer Griffith Company Based on the recommendation of the City Attorney, a Bid Accepted and motion was made by Councilwoman Hertzog, seconded by Approved Councilman Hall, finding that the bid papers of the Griffith Company are in substantial compliance with the bid specifications and that,the-•defects, if any, pointed out -by -Fleming Engineering; -Incorporated, are minor in nature and do not affect the validity and acceptance of said bid; that City waives such minor defects and accepts and approves the bid of Griffith Company as sub- mitted. The motion carried by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None -ABSENT:- Council Members:, Schafer Resolution'79=104 On motion by Councilman Hall, seconded by Mayor Mc - Contract Awarded Farland, Resolution 79-104, being A RESOLUTION OF THE CITY COUNCIL AWARDING THE CONTRACT FOR THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT IN A SPECIAL ASSESSMENT DISTRICT, awarding the contract to the Griffith Company, was adopted by the following roll call vote: AYES: Council Members: McFarland, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: Schafer Request for The Clerk presented a request from Vice Mayor Schafer Council -,Review for -Council Review -of the conditions imposed by the of ZE-79-89 Planning Commission in approving Zone Exception ZE-79- Hendrickson/ 89, Paul Hendrickson and Douglas Adsit, authorized . Adsi t/Nel son agents `for' Leon -G. Nel•son,.. 115 Kings Place, Newport Beach, ; for- a variance ;from front setback requirements Hearing Set to allow construction of a'glass windbread around an existing patio, -located -at 330 East 17th Street, in a C2 zone. Environmental Determination: Exempt. On motion by Councilman Raciti, seconded by Councilman Hall-, and carr-i-edr, the request was granted and a public hearing was set for September 4, 1979, at 6:30 p.m., in the Council. Chambers of City Hall. Request to The Clerk presented a request to appeal the Planning Appeal ZE-79-105 Commission's denial to° -retain the -25 square foot Fossati/Shell Oil building sign in connection -with Zone Exception ZE-79- 105, from Frank R. Fossati, Shell Oil Company, 511 North Hearing Set Brookhurst Street, Anaheim, for a Planned Signing Pro- gram for all Shell service stations within the City of r� 195 Oral Jack Badorek, 682 Capital Street, Costa Mesa, reported Communications that the problems as he outlined them at the last Council meeting have been reduced, but that one evening Westside a party was held at a home on his block with over 300 Neighborhood people in attendance. Councilman Hall responded that Disorder the City is still working on solving the problems of gang fights, loud parties, reckless driving, et cetera. Councilwoman Hertzog requested that the City Manager obtain a report from the Police Chief as to what has been done or what is going to be done regarding this matter. SP -78-02 Nicholas DiPietrantonio, owner of property at 811 Paularino Avenue, which is within the area of the Randolph Avenue alignment for Specific Plan SP -78-02, could not be present earlier in the meeting when the public hearing was held, and stated that he was present to answer any questions the Council may have concerning his property, and the Council Members responded that there were none. Councilmanic Costa Mesa. Environmental Determination: Exempt. On Comments motion. by Councilman Raciti, seconded by Councilman Hall, Street Sweeping and carried, the request was granted and a public hearing NIWA was set for September 4, 1979, at 6:30 p.m., in the Coun- cil Chambers of City Hall. Request to The Clerk presented a request to appeal Conditions 19 Appeal ZE-79-107 3, 5, 6, an& 7, relating to land dedication, imposed by Fossati/Rischard the Planning Commission in connection with Zone Excep- tion ZE-79-107, from Frank R. Fossati, authorized agent Hearing Set for Maureen and Theodore Rischard, 511 North Brookhurst Street, Anaheim, for a Conditional Use Permit to add a canopy to an existing service station located at 1201 League of East Baker Street, in a C1 zone. Environmental Deter- Cities mination: Exempt. 'On motion by Councilman Raciti, seconded by Councilman Hall, and carried, the request was granted and a public hearing was set for September 49 1979, at 6:30 p.m., in the Council Chambers of City Hall. Oral Jack Badorek, 682 Capital Street, Costa Mesa, reported Communications that the problems as he outlined them at the last Council meeting have been reduced, but that one evening Westside a party was held at a home on his block with over 300 Neighborhood people in attendance. Councilman Hall responded that Disorder the City is still working on solving the problems of gang fights, loud parties, reckless driving, et cetera. Councilwoman Hertzog requested that the City Manager obtain a report from the Police Chief as to what has been done or what is going to be done regarding this matter. SP -78-02 Nicholas DiPietrantonio, owner of property at 811 Paularino Avenue, which is within the area of the Randolph Avenue alignment for Specific Plan SP -78-02, could not be present earlier in the meeting when the public hearing was held, and stated that he was present to answer any questions the Council may have concerning his property, and the Council Members responded that there were none. Councilmanic Councilman Hall made a recommendation that street Comments sweeping be done in residential areas after 8:00 a.m. Street Sweeping since most cars'are off the street by that time. NIWA Councilman Hall also reported that the Newport -Irvine Waste -Management Agency (NIWA) has terminated their con- tract with the University of'California at Irvine (UCI) and in-house staff completed the 208 Areawide Waste Treatment Mangement Plan so that it would be adequate and acceptable to the Southern California Association of Governments (SCAG); but in the meantime, it was learned that SCAG had been decertified as the agency to oversee the water management planning for the back bay. League of Councilwoman Hertzog requested the Council's support to Cities cast her vote for Doctor Marvin P. Adler, Councilman from the City of Fountain Valley, for the position of Second Vice President of the Orange County Division, League of California Cities. On motion by Councilman Raciti'seconded by Mayor McFarland, and carried, the request was granted. Women's Kemper The Mayor requested a recommendation from the City Open Golf Manager regarding the request for the City to purchase Tournament an ad in Second Annual Women's Kemper Open Golf'Tourna- ment Magazine in the amount of $2,250.00. The tourna- ment is to be held March 24 thru 30, 1980. Adjournment to At 8:40 p.m., the Mayor adjourned the meeting to the Executive Session City Clerk's office for an Executive Session to discuss 1 a.?PU0 pending litigation. No action was taken. Adjournment The Mayor adjourned the meeting at 9:20 p.m. Mayor of t e City o Cos a: Mesa ATTEST: City Clerk of the City of Cost esa LJ