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HomeMy WebLinkAbout08/20/1979 - City Council1 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA August 20, 1979 The City Council of the City of Costa Mesa, California, met in regular session on August 20, 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 Denis Lyons, St. John the Baptist Catholic 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 July 11 and Mayor Schafer, and carried, the minutes of the regular August 6; 1979 adjourned meeting of July 119 1979, and the regular meeting of August 6, 1979, were approved as distrib- uted and posted as there were no corrections. Ordinances A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Schafer, and carried, to read all ordinances by title only. Presentation Photographs of the Flood of 1938, on display in the Hugh B. Davis Council Chambers, have been donated by Hugh B. Davis to the City Clerk for the historical file, and in rec- ognition of this gift, the Mayor, on behalf of the Council and staff, presented a Certificate of Appreci- ation to Mr. Davis. Presentation Historical Society Member Captain Rene Morlett-Sutter Flag of Mexico and his family were present. Captain Morlett-Sutter Captain Rene presented the Mexican Flag to the Mayor, and read a Morlett-Sutter letter from Jesus Montezuma Sanchez, the Mayor of Acapulco, Mexico, in his native Spanish, then trans- lated into English, stating that authority is given from the Acapulco Mayor, to fly the Flag at the Estancia Adobe, on Sunday, August 26, at the picnic of the Historical Society. CONSENT CALENDAR. The following items were removed from the Consent,Calendar for discussion: Item 1, Petition from 20 residents on Cabrillo Street, con- cerning the maintenance of the alley between Cabrillo Street and 17th Street, bordered by Irvine Avenue on the east and Tustin Avenue on the west; Item 18, Property Exchange Agreement between the City and James E. and Katherine Hankins and Pauline B. Hermann, in Canyon Park. Items 21 and 22, respectively, an agree- ment with Donald Douglas and Associates for building inspection services; and an agreement with Victor Newton for consulting services to coordinate and supervise Building Division activities on an interim basis, were removed from the Agenda and will be dis- cussed at,Ta later date. On motion by Vice Mayor Schafer, seconded by Council- woman Hertzog, the remaining Consent Ca-lendar items were approved in one motion by the following roll call vote: p. 4'4J a-) 'C"') e.: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Orange Coast A letter from Herman R. Tate, President of Orange Coast Yellow Cab Yellow Cab, Incorporated, 17300 Mount Herrmann Street, Fuel Surcharge Fountain Valley, concerning the use of a recording mechanism to reflect a proposed surcharge for fuel on the taximeter, was referred to the Finance Department for review and recommendation: Reading Folder The following Reading Folder items were received and processed: Claims The following claim was received by the City Clerk and no action was required: Attorney Robert E. Perkins, Jr., on behalf of Debra L. Seehusen, on behalf of her minor son, Michael Seehusen. Local Agency Notice from the Orange County Local Agency Formation Commission Formation Commission of determination to be made without notice and hearing on the proposed annexations to the Garden Grove Sanitary Dis- trict, designated as Annexation No. B-638=791, located in the area of Harbor Boulevard and Chapman Avenue; Annexation No. B-640-79, lo- cated in the area of Euclid Avenue and Seventh Street; Annexation No. B-643-79, Parcel A. located in the area of E1 Rey Place and Palm Street; Parcels B, C,: and D, located in the area of Westminster Avenue and Newhope Street; Parcel E, located in'the area of Westminster Avenue and Flower Street. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by the Planning Licenses Division from:. Coast Community Services, In- corporated, doing business at 3333 Bristol, No. End - 171; Rita Caouette, doi-ng business at 145 East Reading Folder 19th Street. Business Permits Notice of Intention to Appeal or Solicit for Charitable Purpose from Leukemia Society of America, Incorporated Leukemia Society Tri -County Chapter, 9355 Chapman Avenue, Garden Grove, by fund solicitation from September 15, through October 15, 1979, was approved. Refund On motion by Vice Mayor Schafer, seconded by Council- woman Hertzog, based on the recommendation of the Monte Vista Planning Division, the request from Barry Williams, Town Homes Monte Vista Town Homes, 901 Dove Street, Suite 225, Newport -Beach, for refund of an -overcharge of $133.20 per three bedroom unit for 34 units in Tract 10097, totaling $4,528.80, was approved by the following roll call vote AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Refund On motion by Vice Mayor Schafer; seconded by Council- woman Hertzog, based on the recommendation of the Plan - Biddle M and T ning Division, the request from Biddle M and T Associates, Associates 3848 Campus Drive, Suite 116, Newport Beach, for refund of an overcharge of $6,860.28 on park fees paid for Tract 10445, Phase One, was approved by the following roll_ call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None f' Claims - Denied On motion by Vice Mayor Schafer, seconded by Council- woman Hertzog, and carried, the claim of Kathryn Gerner Gerner was denied. Stoneking; On motion by Vice Mayor Schafer, seconded by Council - Rosenberg; woman Hertzog, and carried, the claim of Gaye Stone - and Poller king, Denise Rosenberg, and Keith Poller was denied. Duncan On motion by Vice Mayor Schafer, seconded by Council- woman Hertzog, and carried, the application for leave to present late claim of Derek Allan Duncan was denied. Newsrack On motion by Vice Mayor Schafer, seconded by Council - Vending woman Hertzog, Resolution 79-105, being A RESOLUTION Machines OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTAB- LISHING PERMIT ISSUANCE AND INSPECTION FEES FOR Resolution 79-105 PLACEMENT OF VENDING MACHINES ON THE PUBLIC RIGHT OF WAY, in connection with Ordinance 79-7, was adopted by the following --roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bus Stops The Traffic Commission has recommended installation of Victoria bus stops on Victoria Street at Placentia Avenue and Street Canyon Drive. On motion by Vice Mayor Schafer, second- ed by Councilwoman Hertzog, Resolution 79-106, being Resolution 79-106 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, FIXING AND ESTABLISHING BUS STOPS WITHIN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bus Stops The Traffic Commission has recommended installation of Fairview Road, bus stops and prohibition of parking at various loca- Wilson Street, tions on'Fairview Road, Wilson Street, 22nd Street and 22nd Street, and Irvine Avenue. On motion by Vice Mayor Schafer, sec - Irvine Avenue onded by Councilwoman Hertzog, Resolution 79-107, being A RESOLUTION OF THE CITY COUNCTL OF THE CITY OF COSTA Resolution 79-107 MESA, FIXING AND ESTABLISHING'BUS STOPS WITHIN THE CITY OF COSTA MESA, wa;s adopted by the following roll call vote: AYE'S: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Final Map On motion by Vice Mayor Schafer, seconded by Council - Tract 10491 woman Hertzog, Final Map and a Subdivision Agreement Bluffs II for Tract 104919 Mesa Bluffs II Development Company, .Mesa 320 Via Lido Nord, Newport Beach, developer; 1 lot, 1.64 acres, located at 2251 and 2253 Pacific Avenue, for condominium purposes were approved; the Council did also approve said map pursuant to the provisions of Section 66436 (c) (1) of the Subdivision Map Act; the Clerk 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, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreement An agreement between the City and Mohle-Perry and Asso- Mohle-Perry ciates, 2565'East Chapman Avenue, Fullerton, for engineer- ing services for the improvement of MacArthur Boulevard from the Santa Ana River to Harbor Boulevard, was pre- sented. The agreement stipulates payment not to exceed $16,000.00. On motion by Vice Mayor Schafer, 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, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreement An agreement between the City and Nicholas and Donna J. Di Pietrantonio Di Pietrantonio for acquisition of 577.86 square feet of land for the Randolph Street Extension, Parcel 1, Randolph Street was presented. The agreement stipulates that the City Extension will construct a new driveway for the owners at such time as the street'is constructed as well as provide accessonto Randolph Street and close the owners' access onto Paularino Avenue. On motion by Vice Mayor Schafer, 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, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreement An agreement between the City and Nicholas and Donna -J. Di Pietrantonio Di Pietrantonio for the acquisition of 3,795 square feet of land for Randolph Street Storm Drain Project, was Randolph Street presented. The agreement stipulates that the City will Storm Drain construct a 21 -inch storm drain and inlets as well as a block wall and additional on-site regrading in ex- change for the owner's granting of the storm drain ease- ment. On motion by Vice Mayor Schafer, 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, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreement The Crocker National Bank has agreed to provide below - Crocker National market interest rate loans to -investor -owners in the Bank Wallace Neighborhood Strategy Area under the Housing and Community Development Agency (HCDA) Investor - Investor -Owner Owner Rehabilitation Loan Program. The agreement re - Rehabilitation quires a deposit of $50,000.00 of HCDA funds in order Loan Program to establish a $365,000.00 line of credit. On motion by Vice Mayor Schafer, 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, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreement On motion by Vice Mayor Schafer, seconded by Council - Orange County woman Hertzog, an amendment to an agreement between the City and the County of Orange for Fire Protection Serv- Fire Protection ices, in connection with the annexation date of Canyon Services Pacific Annexation, was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreement An agreement was presented between the City and Herman Kimmel Kimmel and Associates, 4242 Campus Drive, Suite E-6, Traffic Newport Beach, for use of a computerized traffic model Circulation in circulation studies for the General Plan. The model is near completion and will enable proper evaluation of future land use decisions. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the agreement in the amount of $9,900.00 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 Canyon Park The Director of Leisure Services has recommended trans- ferring a $212,448.00 grant from the State Urban and Fund Transfer Coastal Park Bond:Act from Canyon Park acquisition to development and improvement of Canyon Park. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the transfer of funds wasapproved, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council-Members: None ABSENT: Council Members: None Aerial Ladder On motion by Vice Mayor Schafer, seconded by Council- Truck Repair woman Hertzog, authorization was given to repair a 1965 Seagraves 100-foot aerial ladder truck by Seagraves Seagraves Fire Apparatus, Incorporated,-Clintonville, Wisconsin, in an estimated amount of $18,000.009 by the following roll-call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES:, Council Members: None ABSENT: Council: Members: None Bid Item 428 Bids received for Bid Item 428, one Street Sweeper, are Street Sweeper on file in the Clerk's office. On motion by Vice Mayor Schafer.,,seconded by Councilwoman Hertzog, the contract Awarded was awarded to Nixon-Egli Equipment Company of Southern Nixon-Egli California, Incorporated, 12030 Clark Street, Santa Fe Springs, in the amount of $40,297.00, being the lowest bid-meeting specifications, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 429 Bids received for Bid Item 429, two Street Vacuums, are Two Street on file in the-C,lerk's office. On motion by Vice Mayor Vacuums Schafer, seconded by Councilwoman Hertzog, the contract, was awarded to Public Works,, Incorporated, 29 North Olive Awarded Street, Ventura; in the amount of $96,280.00, being the Public.Works lowest`bid meeting specifications, by the following roll call vote: .AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 431 Bids received for .Bid Item 431, for the furnishing and Fertilizer spreading of 59-1/2 .tons of fertilizer for the City parks and the City golf course are on file in the Clerk's office. Awarded On motion by Vice Mayor Schafer, seconded by Councilwoman Robinson Hertzog, the contract was awarded to Robinson Fertilizer Company, 119 North Olive Street, Orange, in the amount of $14,743.00-,.being the lowest bid meeting specifica- tions, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Budget Adjustment On motion by Vice Mayor Schafer, seconded by Council - 80 -06 woman Hertzog, Budget'Adjustment.80-06, in the amount of $4,000:00, to install bus benches was approved by the following roll call vote: AYES: Council.Members:' McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None -ABSENT: .Council Members: None Petition Item No. 1 on the Consent Calendar, a petition from Cabrillo Street 20 residents on,Cabrillo Street, concerning the main - Alley Maintenance tenance of the alley between Cabrillo Street and 17th Street, was presented. Mrs. Hurst, one of the peti- tioners, 451 Cabrillo Street, spoke concerning getting the drainage in the alley functioning properly before the rains begin. The'Mayor asked the amount of time necessary for submittal. of 'a report. On motion by Vice Mayor Schafer -.'seconded by Councilwoman Hertzog, and carried, -the petition was referred to the Public Services Director .for a report. Agreement Item No. 18 on the Consent Calendar, a proposed agree- Hankins/Hermann ment was presented between the City and James E. and Katherine Hankins and.Pauline B. Hermann, 934 Evergreen Canyon Park Place, for property exchange in Canyon Park. Pat Dolan, Property 923 West 20th Street,,Costa Mesa, spoke in opposition to Exchange the proposal, referring to minutes of past Council meet- ings, and submitted a-letter•from Chester and Stella Gamboni, 914 West 20th Street, Costa Mesa, who were opposed to the property exchange and were unable to attend the meeting. Mr. Dolan objected to the property exchange because it affects his ocean view and the value of his property. He requested that the Council consider a deed restriction stating that plantings or structures should not exceed three feet in height. After discussion by Council, a motion was made by Vice Mayor Schafer,'seconded by Councilwoman Hertzog, approving the agreement, and,authorizing the Mayor and -Clerk -to sign on behalf of the City, by the follow- ing roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall End Consent NOES: Council Members: None Calendar ABSENT: Council Members: None Proposed Franchise The Clerk presented from the meeting of July 16, 1979, Tow Ordinance a request from•G and W Towing Service, 740 Ohms Way, Costa Mesa, to be placed on the Costa Mesa Police Rota- tion List. Vice Mayor Schafer stated that she will be Vice Mayor abstaining from this item due to a possible conflict Schafer of interest 'and left the Council table. The City Man - Leaves ager reported that there are two issues to be discussed: the request, and a proposed ordinance that will provide regulations for towing services, and establish criteria for bids and contracts with the City for police emer- gency service. After discussion, a motion was made by Councilman Hall, seconded by Councilwoman Hertzog, and carried, to direct staff to prepare the proposed ordi- nance for Council action at the September 4 meeting. G and W Towing Richard Fiore, 366 San Miguel Drive, Suite 300, Newport Beach, representative for G and W Towing, spoke on Police Rotation their behalf. Cynthia Garrett, 4343 Von Karman.Avenue, List Newport Beach, representing Mesa Tow, 2970-A Grace Lane, Costa Mesa, spoke regarding the need for another tow service in the City. The City Attorney stressed the point that the G and W Towing request and the proposed ordinance are two separate items. Bill Rush, Harbor Towing, 964 West 17th Street, Costa Mesa, requested the Council to wait until the ordinance is complete before the Council considers the request from G and W Towing. 1 i 1 Councilman Hall commented that the City of Newport Beach has two towing services on contract, and esti-- mated that their traffic is greater than in this City; due to beach traffic. David Salcido; 954 West 17th Street, Costa�Mesa, appealed to the Council regarding the amount of business that may be lost if the request is granted. During Council discussion, it was brought out that when the new tow ordinance becomes effective, the number of tow services for police emergency service in the City may drop from three to one; that all tow services,-�including the current ones, will have to comply with the new ordinance. On motion by Councilman Hall, seconded by Mayor McFarland, and carried, Vice Mayor Schafer absent, G and W Towing is to apply after the ordinance is effective, and if they meet all the criteria,, the request to be placed on the Police rotation list will be granted. Vice Mayor Vice Mayor Schafer returned to the Council table at Schafer Returns this time. Condition 21 The Clerk. presented a letter dated August 8, 1979, ZE-79-65 from John Chevalier, Jr., consultant with Aviation Systems Associates, Incorporated, 1650 South Pacific Coast Highway, Suite 311, Redondo Beach. Also presented was the recommendation of the Planning Commission that Mr. Chevalier's report did satisfy Condition No. 21 of Zone Exception ZE-79-65 and Town Center Master Plan ZE-77-246. On.-motion-by-Vice Mayor Schafer, seconded by Councilwoman,Hertzog(, and carried, the recommendation of the Planning Commission was approved. R-79-10. On motion by Councilman Raciti, seconded by Council- Carden/DVM woman Hertzog; Ordinance 79-16, being AN ORDINANCE OF THE CITY.COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 79-16 CHANGING THE ZONING OF A PORTION OF LOTS 141 AND 142, Adopted BLOCK 61IRVINE'S SUBDIVISION, FROM MP TO PDI, in connection with.Rezone Petition R-79-10, was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall --NOES:, Counc,i.l Members: None ABSENT: Council Members:- None R-79-11 On motion by,Councilwoman.Hertzog, seconded by Vice Gelke/Moeller Mayor Schafer, Ordinance 79-17, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 79-17 CHANGING.THE ZONING OF LOT 3, TRACT 3878, FROM M1 TO Adopted CL, in connection with Rezone Petition R-79-11, was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman Raciti; seconded by Council- Resolution 1079 woman,Hertzog; Warrant Resolution 1079, including Payroll 7916, was approved by the following roll call vote: AYE'S: Council Members:,, McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members:- None Sunshine Studio The City Attorney reported that a court appearance is scheduled for August 22, in connection with Sunshine Studio, when it is expected the court will be address- ing Sunshine's writ of mandate against the City, and the City will be asking fora permanent injunction on the basis of a summary judgment proceeding. 32nd District The City Attorney reported that.a court appearance is Agricultural scheduled for August 21,-1979, in connection with the Association 32nd District Agricultural'Association, and the Orange County Fair.Board, .for°the court's consideration of issuing.a:prelim.inary injunction. Ball Field The City.Manager.,presented a proposed schedule of fees Light User for users:of ball..field lights for night time sports: Fees minimum charge, 1-1/2 hours:at $5.00 per night, maxi- mum charge, 3 hours.at $10.00 per night, special weekly rate,: -to be paid -in advance,, good for four or more nights per week,;a service. charge of $100.00 refundable of the:end of the season,:subject to deductions for litter control and -property damage, and certain criteria established for !.rai n and, l -i ght-fai l ure. Robert Scherrard, 2910 Ellesmere Avenue, representing Costa Mesa Junior Al -1 American Football.Associati-on, spoke regarding their non -sponsored, self-supporting program, and referred to the City Budget of the funds allocated to various other sports within the City. Discussion followed re- garding the Harbor Area Baseball Program, and the City Manager.responded that the City 'of Costa Mesa will grad- ually decrease funds to those other organizations cur- rently,receivi.ng,allocations, and they are not being charged light fees because their sport activity takes place•in;the daytime, and if they use the field at night, they will be expected to -pay the light user fees. After discussion, a motion was made by Councilman Hall, second- ed by Councilwoman Hertzog, to establish the ball field light user fees effective January 1, 1980, for all night time programs.by.the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Parking The City.Manager presented a. proposal from Science Citation Applications,-.Incorporated,:�_for a parking citation Program managementprogram with the City of Costa Mesa, which is basically a computer software program for a follow - Science up on parking -citations issued in Costa Mesa. Due to Applications a State Law, passed in 1978, providing that if the fine is not paid,,and is processed, it will be on re- cord i -n Sacramento, and when a person attempts to renew his annual registration, the citation fine will be a prequisite. The City Manager recommended the contract be approved, subject to City 'Attorney's approval of proper insurance. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, the contract was approved subject -to reciprocal indemnity provisions, and the City Manager was 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 1979-80 Open Space The City Manager presented an item not on the agenda, Bond Issue Tax Rate a proposed resol.ution_in-connection with the 1974 Open Space Bond. The bond rate is adjusted on an annual basis due to the graduated principal and interest re- payment schedule and changing assessed valuations in the City. On motion by Vice Mayor Schafer, seconded by Resolution 79-108 Councilwoman Hertzog, Resolution 79-108, being A RESOLU- TION OF THE CITY COUNCIL'OF THE CITY OF COSTA MESA, CALIFORNIA, FIXING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON ALL OF THE TAXABLE PROPERTY WITHIN THE�CITY OF COSTA MESA WHICH IS TAXABLE, TO MEET THE CITY'S OBLIGATION UNDER THE 1974 OPEN. -SPACE BOND ISSUE FOR FISCAL YEAR 197980, in connection with the $258,965.00 funding requirement in 1979-80, was adopted by the following roll call vote 1 1 rl�.-,Nlro ui AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Advance The,City.Manager presented an item not on the agenda, Fire Truck a request for a $500.00 advance, for the City diesel Repair Expense mechanic's expenses incurred while driving a fire truck to the Seagraves manufacturing plant in Wisconsin where the truck is to be repaired. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the request was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall 'NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk presented from the meeting of July 16, 1979, Landscape a proposed ordinance amending Title 13 of the Costa Ordinance Mesa Municipal Code, adopting landscape requirements and standards for all districts, except R1. Environ- mental Determihation: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission has expressed concern for the inconsistency of landscape and maintenance on some projects that have been.developed in the City, and recommended approval ,of staff'sproposal: The Development Serv- ices Director stated that the ordinance is intended to create flexibility both in'design as well as in the utilization of'certain kinds of material, by giving staff the discretion to waive requirements or to permit alternate design for material if the basic intent of the ordinance is being met, in order to avoid the necessity of processing variances. The proposed:ordinance,,incorporates existing landscaping requirements that are containediin some of the zones and established guidelines for preparation of a detailed landscape plan: Councilman Hall asked the Development Services''Director to -make some minor changes in the wording. Councilman Hall made a'motion listing the modifications, and withdrew the motion until later. Richard Sewell, 136 Rochester Street, Costa Mesa, com- mented'on the automatic sprinkler system and the spacing requirement of trees. .William Gilbert, 2172 Pacific Avenue, Costa Mesa, spoke concerning the retro- active status of his home in an R2 zone. There being no other speakers, the Mayor closed the public hearing. On mot ion by Councilman'Hall, seconded by Vice Mayor Ordinance 79-18 Schafer,' Ordinance 79-183, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING TITLE 13 OF THE COSTA,MESA MUNICIPAL CODE ADOPTING LANDSCAPE REQUIREMENTS AND STANDARDS-FOR•ALL DISTRICTS, EXCEPT R1, was -given first reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Recess The Mayor called a recess at 8.:30 p.m., and the meet- ing reconvened -at -8:40 p.m-. Public Hearing The Clerk announced that this was the time and place R-79-07 set for the public hearing of Rezone Petition R-79-07, Jordan/Ward Willard T. Jordan, 1500 Adams Avenue, Costa Mesa, au- thorized'agent-for'Donal.d R. Ward, 116 Kings Place, Newport Beach, for permission to rezone property located at 380 West Wilson Street, from C1 to R3. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No [l 1 1 communications have been received. Also presented was Zone Exception ZE-79-98, Willard T. Jordan; authorized agent for Donald R. Ward, for a Conditional Use Permit for -a -42 -unit condominium project, located at the same address. The Development Services Director summarized the staff report and stated that the Zone Exception was an informational item only, and has been approved by the Planning Commission: Willard T. Jordan, spoke in support of.the request. The number of units has- been reduced from 42 to 40 to allow the required turnaround space for firetrucks, which was one of the conditions of the -Planning Commission. There being no'other;speakers, the Mayor closed the public hearing. On motion by Councilman Hall, seconded by Mayor McFarland, Ordinance 79-19 Ordinance 79-19; being,.AN ORDINANCE OF THE CITY COUNCIL First Reading OF'THE CITY OF COSTA MESA; CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 1, TRACT NO. 9, FROM C1 TO R3; was -given first -reading and passed to second reading,by the following roll call vote: AYES: Council Members:- McFarland, Schafer, Raciti, Hertzog, Hall NOES:, Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place R-79-09 set for the public hearing of Rezone Petition R-79-093, Costa Mesa City-Counci.l, for permission to rezone property,located at 280 through 300 (even numbers only) Victoria.Street.,.from AP -CP to R2 and CL. Environmental Determination is the same as determined for Specific Plan SP -16-01. The Affidavit of,Publication is on file in the -Clerk's office. No communications have been re- ceived:-.The,Development Services Director summarized the -staff report and gave a slide presentation. Three parcels,,1.68 acres,,would be rezoned to R2; and .2 -acre, currently medical offices, would be CL. The staff has recommended approval.for R2, because no specific devel- opment proposal has been submitted. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor.Schafer, seconded by Mayor McFarland, Ordinance 79-20 Ordinance 79 -20., -being AN.ORDINANCE OF THE CITY COUNCIL First. Reading OF THE CITY OF COSTA MESA,. -CHANGING THE ZONING OF LOTS 653 663 AND 67, TRACT 573, FROM AP -CP TO R2 AND CL, was given first -reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES': Council Members: None ABSENT:. Council -Members: None Public Hearing The Clerk announced that'this was the time and place R-79-12 set for the public hearing of Rezone Petition R-79-12, Sewell Richard A. Sewell, 136 Rochester Street, Costa Mesa, for permission to rezone property located at 660, 666, and 672 West 18th Street, from R2 to R3. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No com- munications have been received. The Development Serv- ices Director summarized the staff report. The Planning Commission and staff have recommended approval because four parcels are being consolidated into one. It was recommended that -second reading of the Ordinance be held until the parcels have been combined. Richard Sewell, applicant, spoke in support of his request. The Mayor asked to'let the record show that he insures Ed Schnabel's property at 666 West.18th Street. There being no other speakers, the Mayor closed the public hearing. On motion by -Vice Mayor Schafer; seconded by Councilman Hall, the Negative Declaration of Environmental Impact was adopted; Ordinance 79-21 Ordinance 79-21, being -AN ORDINANCE OF THE CITY COUNCIL First Reading OF THE CITY OF COSTA.MESA, CALIFORNIA, CHANGING THE ZONING -OF A PORTION OF LOT 504, NEWPORT MESA TRACT, FROM R2 TO [l 1 1 R3, was given first reading; and second reading is to be held until the combination of the parcels is completed, 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.a_nnounced that this was the time and place RA -79-08 set for the public hearing of the appeal of the Ragan Redevelopment Agency's denial of Redevelopment Action RA -79-08, Zone Exception ZE-79-68, from Terrance and Denied Sheila Ragan, No 8 Collins Island, Balboa Island, for a Conditional Use Permit to convert 75 apartment units to condominiums andto demolish four apartment units, located at 1845 -Anaheim Avenue,,in an R2 zone. Envi- ronmental..Determi'nation: Exempt. The Affidavit of Publication is on file in the Clerk's office. No com- munications have`been received. The Associate Planner gave the,hist'ory of this item. The proposal has been modified since the original application was submitted, to accommoda.te.the open space and parking requirements. The condominium ordinance has a three percent vacancy rate for apartments,'and this qualification has not been met. The following spoke in favor of the appli- , cant's request: David L. Colgan, 4100 MacArthur Boule- vard, Newport Beach, attorney for the applicant, sub- mitted a brief outline to the Council concerning his, statement, and answered questions from the Council; Rich Nizer, 1845 Anaheim Avenue; Wayne Hunter, 10002 Secretariat Circle, Costa Mesa, regarding supply and demand; Ann Young, 1845 Anaheim Avenue, regarding rent increases; Darrell Cox, 1845 Anaheim Avenue, presented a sociological view;Ed John, 1818 Viola Place, owner ofadjacent parcels to the subject property; Joel Stoltz; Pat Skillman, 3000 West Coast Highway, Newport Beach, stating that the vacancy rate is about the same everywhere. Considerable discussion followed regarding the present condomiumium,ordinance, including a possible amendment to the ordinance. A motion was made by Councilman Hall, seconded by Councilwoman Hertzog, to approve Redevelopment Action RA -79-08, and Zone Excep- tion ZE-79-68; based on the following findings: proposal meets the 'criteria for parking,and open space, sale of the units and relocation of existing tenants is satis- factory; the majority of the requirements are met in Section 13-833 (a), of the Costa Mesa Municipal Code; subject to all 31 conditions.in.the staff report, in- cluding the Fire Department requirements and recommen- dations; and subject to an agreement that the existing tenants who do not buy will not,be displaced. The motion failed to carry, Mayor McFarland, Vice Mayor Schafer, and Councilman Raciti .voting no. Later in the meeting, the City Manager recommended the Council deny Zone .Exception ZE-79-68, and sustain the Redevelopment Action RA -79-08, in order to finalize the decision. On motion by Vice Mayor Schafer, seconded by Mayor McFarland,'and carried, Council Members Hertzog and Hall voting no, the Zone Exception was denied, and the Redevelopment Action.of denial was sustained. Recess The Mayor called a recess at 10:55 p.m., and the meet- ing reconvened at 11:05-0.m. Public Hearing The Clerk presented from the meeting of May 21, 1979, SP -79-01 Specific Plan SP -79-01, alignment and funding for the Sterling and Sterling Avenue and Palace Avenue alley improvements and Palace Avenues for installation of sidewalks, in the area bounded by Alignment and Placentia Avenue, Hamilton Street, Pomona Avenue, and Funding 19th Street. Environmental Determination: Negative Declaration. A letter has been received from Kenneth G.'.Robinson, 629:Termi,nal.Way, No. 24, Costa Mesa; regardi.ng.the'requirement.of the installation of a fire hydrant at the.corner of 19th Street and Sterling Ave- nue..' A memorandum has been received from Fire Marshall Henderson in response to Mr. Robinson's letter. The Assi,s.t.ant, Planning, Di,rec,t,or summarized this item, which is the.,last portion of Specific Plan SP -79-01 Implemen- tation PTan.' Aibert G. Bazar, owner of apartments at 1955-1965.-Pomona.Av,enue,..s.po,ke in support of an equal alignment.; Art" rt Ra.hmani,1 1,94.1 Pomona Avenue, spoke re.gardi ng the drainage of, the alley, and is also in support of an equal,.alignment. On motion by Councilman Hall, seconded by Vice Mayor-S,c.hafer, staff was directed to, prepare -precise, alignments, -for Sterling and Palace Avenues in .an attempt- to 'mai.ntai,n as equitable a divi- 'funds sion, as. possible, that HCDA be used thisy ear and Impro.vement.,Di-strict ,funds, next,year; and Resolution Resolution 79-109 79-109., being.A RESOLUTION OF.THE CITY COUNCIL OF THE 'CITY- 'OF„COSTA .MESA,, CALIFORNIA,, ADOPTING AN IMPLEMENTA- TION PLAN..FOR SPECIFIC PLAN.' SP -79-01 FOR PROPERTY WITHIN THE AREA tOUNDED BY PLACENTIA.AVENUE, HAMILTON STREET, POMONA AVENUE,AND NINETEENTH STREET was adopted by the fo,l l owing ng ,rol l c.al-1 .vote.: .. AYES: Counci..l.. Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES:- Council Members: None ABSENT: Council..'Members: None Improvement On':further motion by Councilman Hall, seconded by District Councilwoman,Hertzog, and carried, staff was directed Sterling and to;initiate formation of Improvement District and HCDA Palace Avenues funds ,to ;be, used. to .supplement the property owners' in- vestment, the exact amount to.be determined at a later Sidewalk time. Oh'motion by Councilman Hall, seconded by Mayor Improvements McFarland, and.carried.,:s:idewalk,improvements are to be made.by developers. and:property owners when development occurs.. Public, Hearing The Clerk a.nnounced.that_ this _was the time and place Weed Abatement set for the public hearing of.the weed abatement program and to receive the. report from,the Fire Chief showing the cost `of removing. the weeds, .rubbish and refuse. The Affidavit of -Publication is on file in the Clerk's office:. ;No communications have.been received. There being no.speakers,J e May,or,c-losed the public hearing. On motion by Vice Mayor Schafer, seconded by Council - Resolution 79-110 woman,Hertzog, Resolution 79-110, being A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIF- ORNIA,.APPROVING AND,CONFIRMING.THE REPORT OF THE FIRE CHIEF'ORIHIS DESIGNEE, SHOWING THE COST OF REMOVING THE RUBBISH,AND WEEDS AND.REFUSE:OR DIRT ON OR IN FRONT OF EACH EACH PARCEL OF.LAND IN THE CITY OF COSTA MESA,.,was,.adopted,by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council.Members: None ABSENT: Council Members: None Fee Waiver A request for waiver of General Plan Amendment filing _ Fairview fees for Fairview"State.Hospital Housing Project was Housing presented. On.motion by Vice Mayor Schafer, seconded by Councilman Hall, approval was given to temporarily delay payment of filing fees, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Hertzog, Hall - NOES: Council -Members: Raciti ABSENT: Council.Members: None South Coast A.request,from South Coast Repertory for city funds was Repertory presented.- Ann Mound, 3128 Country Club Drive, Costa 1,4 City Clerk of the City of Cost esa Mesa, spoke in favor of the issue and gave a brief Denied history of the favorable response the theatre has had in this area. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the request was denied with extreme regrets. Mini -Warehouses On motion by Councilman Hall., seconded by Councilman Raciti, and carried, the moratorium on mini -warehouses Hearing Set was extended, and a public hearing was set for September 4, 1979, at 6:30 p.m., in the Council Chambers of City Hall. Request for A request was presented from Councilwoman Hertzog for Council Review Council review of the action taken by the Planning Com - of ZE-79-21A mission for Zone Exception ZE-79-21A, J. Thomas Baine, Baine/Ong 501 North Golden Circle Drive, No. 200, Santa Ana, authorized agent for Ivy K. Ong, 2126 Main Street, Suite Hearing Set 275, Huntington:Beach, for a variance to deviate from the requirement to preserve natural features (bluff line) in conjunction with review of a previously approved Conditional Use Permit for development of a 14 -unit condominium project, located at 2231 Pacific Avenue, in an R2 zone. Environmental Determination: Negative Declaration. On motion by Councilwoman Hert- zog, seconded by Councilman Raciti, and carried, the request was granted and a public hearing was set for September 4, 1979, at 6:30 p.m. Councilmanic A specific date of October 25, 1979, has been set in Comments connection with an energy conservation seminar, pro- posed by the Chamber of Commerce, to be held in the Energy Council Chambers of City Hall. On motion by Councilman Conservation Hall, seconded by Mayor McFarland, and carried, staff Seminar was directed to prepare the facilities and cooperate with Jack Hall in the seminar production. Guardrail on On motion by Councilwoman Hertzog, seconded by Council - West Side of man Hall, and carried, the Public Services Director was ,Placentia Avenue authorized to develop a design concept, specifications, at Swan Drive and cost estimate, to be brought back before Council for final approval, to erect a guardrail along the west side of Placentia Avenue at Swan Drive to encourage cars to stay on the road, rather than invading the privacy of homes on that portion of the street. Bill Morgan The Mayor reported that Bill and Sandy Morgan will be Visiting in the area from August 20 through 29, 1979, and re- quested that the Council take the opportunity to visit with them while they are here. California The Mayor reported that the California Transportation Transportation Commission will be meeting in Los Angeles on August 22 Commission and 23, 1979, and possibly they will approve 2.1 million Meeting dollars for the Costa Mesa Freeway Operational Improve- ments. Adjournment The Mayor adjourned the meeting at 12:30 a.m. Mayor of the i y df -Costa Mesa ATTEST: 1,4 City Clerk of the City of Cost esa