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HomeMy WebLinkAbout09/17/1979 - City Council107, k v REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA September 17, 1979 The City Council of the City of Costa Mesa, California, met in regular session on September 17; 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 Chaplain William Robert Parry, Hoag Memorial Hospital Presbyterian. 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 Vice Mayor Schafer, seconded by Mayor September 4 and McFarland, and carried, the minutes of the regular meet - September 13, ing of September 4, 1979, and the adjourned regular 1979 meeting of September 13, 1979, were approved as dis- tributed and posted as there were no corrections. Proclamation A proclamation declaring the month of October as United United Way -Month Way Month was presented to l ouis Yantorn, Executive Director of the Boys,' Club of the Harbor Area. Ordinances A motion was made by Vice Mayor Schafer, seconded by Councilwoman Hertzog, and carried, to read all ordi- nances by title only. CONSENT CALENDAR.- On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, all items in the Consent Calendar were approved in one motion by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None 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: F. T. D'Ales- sandro on behalf of Paul D'Alessandro, a minor; Attorney James F. Leck on behalf of Serena Salsman; State Farm Insurance,on behalf of Claude Ross; Joyce Schreiner on behalf of Justin Schreiner, a minor; Rosemarie Norris; Mr. and Mrs. Marvin Waldrop on behalf of Lisa Waldrop, a minor; Attorney Peter L. Nisson on behalf of Cindy Bentley; Jean Harumi Kuroyanagi; Robert H. Daniel; and Kimberly Ann Shuck. Alcoholic Beverage Alcoholic Beverage License applications for which Licenses parking has been approved by the Planning Division from: Frederick L. Krauth, doing business at 1703 End - Superior Avenue; and Gopal and Veena Seth; doing Reading Folder business at 1927-A Harbor Boulevard. Business Permit Notice of Intention to Appeal or Solicit for Charitable Purpose from Easter Seal Society for Crippled Children Easter Seal and Adults of Orange County, 1800 East La Veta Avenue, Society Orange, by collecting reusable household items for sale at their thrift store, September 18 through December 31, 1979, was approved. Set for Public The following item was referred to a Study Session on Hearing October 22, 1979, at 7:30 p.m., in the fifth floor Conference Room of City Hall, and a public hearing set EIR for Sakioka for November 19, 1979, at 6:30 p.m., in the Council 'Farms Property Chambers: Environmental Impact Report for a proposed General Plan Amendment of the 165 -acre Sakioka Farms property bound by the San Diego Freeway, the Costa Mesa Freeway, Main Street, Sunflower Avenue, and 1,300 feet east of Bristol Street. The amendment would redesignate property from Low Density Residential to Commercial Center, Neighborhood Commercial, Industrial Park, Low Density Residential, Medium Density Residential, and High Density Residential. Claim - Keller On motion by Councilwoman Hertzog, seconded by Vice Denied Mayor Schafer, and carried, the claim of LeRoy Keller was denied. Final Map for Final Map and a Subdivision Agreement were presented Tract 10095 - for Tract 10095, Richard Salmonson and Gangi Bilt Homes, Salmonson/Gangi developers, Post Office Box 1314, Newport Beach; one lot, 1.43 acres, located at 2157 Pacific Avenue, for condominium purposes. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, the Final Map and Subdivision Agreement were approved; the Council did also approve subject map pursuant to 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 Subdivision Agreement on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall End - NOES: Council Members: None Consent Calendar ABSENT: Council Members: None Towing Services The Clerk presented for second reading and adoption, Ordinance 79-22, being AN ORDINANCE OF THE CITY COUNCIL Ordinance 79-22 OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING CER - Adopted TAIN TOWING SERVICES OPERATING WITHIN THE CITY OF COSTA MESA. The City Attorney reported that the insurance requirements and amendments to Section 9-272 were incor- porated into the ordinance as requested by the Council at their meeting of September 4, 1979. Also, referring to the memorandum of September 14, 1979, from his office to the Council, the City Attorney recommended four word changes in Section 9-284 in order to clarify that the rate schedule approved will only establish a maximum rate. Donald Smallwood, 4631 Teller Avenue, Newport Beach, attorney for G and W Towing, 740 Ohms Way, Costa Mesa, requested and received a copy of the final draft of the ordinance. On motion by Councilman Hall, seconded by Vice Mayor Schafer, Ordinance 79-22, incor- porating the insurance requirements, amendments to Section 9-272, and the recommended.changes in Section 9-284, 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 1978-79 Annual The Clerk presented the proposed 1978-79 Annual Report Report for the City of Costa Mesa which has been prepared by Richard C.-Gavotto Public Relations, 1077 West Ball Road, Anaheim, with a quoted cost of $7,900.00 for 5,000 copies. Councilman Raciti requested that a proof of the report be furnished to him prior to printing. On motion by Vice Mayor Schafer, seconded by Mayor McFar- land, the concept and cost of the Annual Report were approved by the following roll call vote: AYES: Council Members: McFarland; Schafer; Raciti; Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Yellow Cab The Clerk presented from the meeting of August 20, 1979, Fuel Surcharge a request from Orange Coast Yellow Cab, Incorporatd, 17300 Mount Hermann Street, Fountain Valley, to use a recording mechanism on the taximeter to reflect a pro- posed surcharge for fuel. Based on the information submitted -by the applicant, the Director of Finance concurred that an increase is justified because of the increased cost of gasoline fuel for taxicabs. Herman R. Tate, President of Orange Coast Yellow Cab was present to answer questions from the Council and spoke in support of his request. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, Councilman Raciti voting no, the fuel surcharge was approved. Alley Maintenance The Clerk presented from the meeting of August 20, 19799 and Drainage a report concerning improvements for the alley located north of 17th Street between Irvine and Tustin Avenues, said improvements having been requested by property owners on Cabrillo Street. The Director of Public Services summarized his report which contains the fol- lowing four basic options for Council consideration: (1) Design and construct an alley with a gravity storm drain system at an estimated cost of $1755000.00, with financing from an assessment district, City funds, or a combination of both; (2) Design and construct a gravity storm drain system at an estimated cost of between $305000.00 and $40,000.00, with financing from City funds; (3) Construct an additional sump pump and abandon existing dedicated portions of alley at an estimated cost of $2,500.00, with financing from City funds; and (4) Do nothing. The staff recommended Option No. 2 because it provides a permanent solution to the drainage problem, it is more affordable than Option No. 1, it relieves the City of any presumed maintenance liability in the dedicated portions of the alley, and it is con- sistent with the intent of the current City policy with regard to the abandonment of unnecessary alleys. Con- siderable Council discussion followed during which time the Director of Public Services elaborated on the four options. The following residents spoke in support of drainage improvements for said alley: Paul Hurst, 451 Cabrillo Street; David Harris, 455 Cabrillo Street; John Carra, Jr., 499 Cabrillo Street; and Ethel Camp- bell, 495 Cabrillo Street. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, Option No. 2 was adopted, with financing to be included in the City.'s 1980-81 Budget. Guard Rail on The Clerk presented from the meeting of August 20, 1979, Placentia Avenue a report concerning installation of a guard rail or similar device on Placentia'Avenue southbound nearing Swan Drive. The Director of Public Services summarized his report which contains the following alternatives: (1) Install metal beam guard rail at a cost of $13,000.00 to $16,000.00 depending upon the type of beam purchased; (2) Install chain link fence at a cost of $9,000.00; and (3) Install metal stakes at regular intervals and stringing a metal cable from stake to stake at a cost of $8,000.00. The staff has recommended installation of the metal guard rail because this type of barrier has a safety performance record better than 1 the other alternatives and it would more aesthetically fit into the streetscape. Vice Mayor Schafer suggested that the entire City be studied for this type of barrier installation, said study to be done by the Costa Mesa Traffic Commission. Councilman Raciti requested a traffic accident report be submitted to Council and the Director of Public Services responded that since traffic accident reports are prepared for the Traffic Commission throughout the year, it would be readily available for the Council. On motion by Vice Mayor Schafer, seconded by Councilman Raciti, and carried, this item was refer- red to the Traffic Commission with a report to be sub- mitted to the Council at their meeting of November 19, 1979. Warrant On motion by Councilman Raciti, seconded by Vice Mayor Resolution 1082 Schafer, Warrant Resolution 10829 including Payroll 7918, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Mardan Purchase The City Attorney presented an agreement between the of City Property City of Costa Mesa and Mardan Foundation of Educational Therapy, Incorporated. The agreement stipulates pay- ment of $5209000.00 by Mardan to the City for purchase of property located at 695 West 19th Street; and escrow to be opended at Crocker National Bank, Upland, with a closing date of November 1, 1979. On motion by Council- man Hall, seconded by Councilwoman Schafer, the Mayor and Clerk were authorized to execute the agreement on behalf of the City by the following roll call vote: AYES: Council Members: McFarland, Schafer, Hertzog, Hall NOES: Council Members: Raciti ABSENT: Council Members: None Executive At therequest of the City Attorney, the Mayor adjourned Session the meeting at 8:05 p.m. to an Executive Session in the Clerk',s office, and the regular meeting reconvened at 8:45 p.m. Fairgrounds The City Attorney requested authority to retain Ellis J. Lawsuit Horvitz and Gideon Kanner, Appellate specialists, in connection with the Fairgrounds lawsuit, Orange County Superior Court Case No. 31-79-36. On motion by Vice Mayor Schafer, seconded by Councilman Raciti, the Coun- cil ratified the City's retaining the services of the above mentioned legal consultants, and authorized their services for future actions. Purchase of The City Manager presented a report for the purchase of Golf Course the Costa Mesa Golf and Country Club from the State of California. In summarizing the background of the pro- posed purchase, the City Manager stated that through special legislation the City has held a 20 -year lease on the 238 -acre site since 1965. He further reported that Assemblyman Dennis Mangers introduced special legislation, Assembly Bill 2385, declaring the property surplus and allowing the State to sell the land to the City of Costa Mesa. The appraisal, which was made on May 31, 1979, indicated that the highest and best use of all the property was for a golf course and the estimated fair market value for that purpose was $5,000,000.00. Assembly Bill 2385 provides that the City could then purchase the property for 50 percent of that appraisal if the City retains the property in an . open space module which provides for a golf course; therefore, the purchase price would be $2,500,000.00. The City Manager recommended that the Council authorize purchase of the golf course as outlined in his report of September 12 1979. On motion by Councilman Hall; seconded by Councilman Raciti; the Council authorized the following: (1) City Manager is to send a "letter of intent" to the State Board of Public Works seeking to purchase the property for 50 percent of fair market value with escrow to close by December 31, 1979, allow- ing the State of California the mineral rights on the property, and allowing the State to have a one -acre site on the property with access for drilling purposes; (2) City Manager, Finance Director, and City Attorney are to negotiate and sign all necessary documents for the transfer of the property; (3) City Manager is to make a presentation at the appropriate State Public Works Board meeting for approval of the sale and purchase; (4) Full cash payment of $2,500,000.00 for the property, with $1,500,000.00 to come from the City's General Fund and $1,000,000.00 from the Land Acquisition Account; (5) City Manager is to confirm the legal description and survey of property; (6) Adopt a Council policy that the Golf Course Fund assume one-half of the financial obligation involved on the justification that the open space makes a considerable contribution to the commun- ity; and (7) Golf Course Fund be requested to repay to the funds from which the cash was advanced, a loan to the prinicipal amount of $1,687,500.00 (which includes $1,250,000.00 for one-half of the land purchase amount and $437,500.00 for deferred interest at the rate of seven percent per year for five years) to be financed as an amortizing loan for a term of 30 years at an interest rate of seven percent for which the level annual payment would be $135,989,56, beginning July 15, 1985, which coincides with the culmination of the city,s original bond issue. The motion carried by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Robert Wilson, 3435 Plumeria Place, Costa Mesa, former Mayor of the City, commended the staff and Council for their endeavors in obtaining the golf course property, and further stated that he felt this was a most sig- nificant action and historical event. Councilwoman Hertzog requested that letters of thanks and apprecia- tion be forwarded from the Council to Assemblyman Dennis Mangers who first instigated the action to obtain the golf course land. Additional Man-; The City Manager presented a request for additional power for the manpower for the Building Safety Division of the Building Safety Development Services Department because of the in - Division creased workload experienced in this area. The City Manager recommended that three Inspectors, one Plan Checker, and one Intermediate Clerk -Typist be added at a cost of $86,196.00 annually. On motion by Vice Mayor Schafer, seconded by,Councilwoman Hertzog, authoriza- tion was given to add five additional positions in the Building Safety Division as recommended by the City Manager, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Tax Rate for The City Manager presented a proposed resolution enact - 1974 Open ing the tax rate for 1974 Open Space Bonds, which is to Space Bond be $0.0501 per $100.00 of assessed valuation. On motion by Councilman Raciti, seconded by Councilman Resolution 79-115 Hall, Resolution 79-115, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA; CALIFORNIA, FIXING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON ALL OF 1 1 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 1979-80, was adopted 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 set Condemnation for for the public hearing to consider a proposed Resolution Baker Street of Necessity to condemn 10 feet of land at 642 Baker Widening Project Street for the Baker Street Widening Project, Parcel No. Parcel No. 3 3; owners, Mr. and Mrs. Gene H. Robertson. The Affi- davit of Publication is on file in the Clerk's office, and a letter of notification was mailed to the property owner as required by law. No communications have been received. The Director of Public Services reported that in accordance with the Master Plan, Baker Street is designated a Primary Arterial between Bristol Street and the Costa Mesa Freeway, and that the widening is a joint project with the County of Orange through its Arterial Highway Financing Program which was approved in the 1978-79 Fiscal Year. He further recommended that in order to acquire the Robertson property through eminent domain for the purpose of street widening, the following findings be adopted: (1) The public interest and necessity require the proposed project in that it furthers the implementation of the Circulation Element of the General Plan; (2) The proposed project is planned in a manner that will be most compatible with the great- est good and the least private injury; and (3) The property is necessary for the proposed project, and the acquisition is only for that portion of the land actual- ly required for street widening purposes. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, based on the findings recommended above, Resolution 79-116 Resolution 79-116, being A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING, AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY CONDEMNATION OF CERTAIN REAL PROPERTY DESIGNATED AS PARCEL NO. 3 (ROBERTSON) ON BAKER STREET IN THE CITY OF COSTA MESA FOR STREET WIDENING PROJECT AND AUTHORIZING SAID CONDEM- NATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, was adopted 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 Appeal of ZE-79-49 set for the public hearing to consider an appeal of the Heath/La Quinta PlanningLCommission's decision in connection with Zone Exception ZE-79-49, from Heath and Company, 3225 Lacy Denied Street, Los Angeles, authorized agent for La Quinta Motor Inns, Incorporated, Post Office Box 32783, San Antonio, Texas, for a Planned Signing Program for property located at 1503, 1507, and 1515 South Coast Drive, in a CL zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the Clerk's office. No communications have been -received. The Development Services Director gave a slide presentation of the property and summarized the Planning staff's memorandum of August 29, 1979, which details the proposed and approved signing for the subject property which includes South Coast Executive Park offices, JoJo',s Restaurant, and La Quinta Motor Inn Motel. He further stated that the applicant'.s appeal was in connection with the freeway -oriented sign only in that the request was for 300 square feet in area, 65 feet in height., and letter height to be the permitted 42 inches except for the "J" in JoJo's, and the "L" and "Q" in La Quinta to be 51 inches high; but at their meeting of August 13, 1979, the Planning Com- mission approved the following for said freeway sign: 230 square feet in area, 60 feet in height, letter height to be permitted 42 inches except that under the direction of the Planning Division, the "J", "L", and "Q" may be proportionately higher than 42 inches. During the discussion which followed, the Development Services Director answered questions from the Council. Larry Wallin, Heath and Company, stated that two freeway signs were needed, one for the restaurant and one for the motel, each 200 square feet in area, and also stated that a 60 -foot height was not adequate. In response to Councilman Hall's inquiry, Mr. Wallin verified that he agreed with the approval given by the Planning Commis- sion for all other signs for the property. There being no other speakers, the Mayor closed the public hearing: A motion was made by Councilman Hall, seconded by Coun- cilwoman Hertzog, to approve the Planned Signing Program as adopted by the Planning Commission except that the freeway sign area be increased to 290 square feet. The motion failed to carry, Council Members McFarland, Schafer, Raciti, and Hertzog voting no. After brief discussion, a motion was made by Vice Mayor Schafer, seconded by Councilwoman Hertzog,,and carried, Council- man Hall voting no, denying the appeal. Oral Ruth Bryant, 271 East 17th Street, Costa Mesa, stated Communications that she had received a letter from the City advising that her sign was nonconforming, but that she must have Sign Ordinance a sign large enough to be seen in the shopping center. The Development Services Director explained the City's Planned Signing Program for shopping centers and asked that Ms. Bryant leave her phone number with him so that the Planning staff could give her more information. Councilman Hall suggested that if street numbers were displayed as previously requested, there would be no problem finding the businesses located in the center. Cricket Catherine Grogen, 1051 Tulare Drive, Costa Mesa, spoke Invasion regarding the invasion of crickets in her neighborhood which are apparently coming from the nearby Arnel property. She elaborated on the fact that hundreds of crickets have entered her home, that the residents in the area have contacted Mr. Kawamura, George Argyros, the City Attorney, the Park Superintendent, the Street Superintendent, and the Orange County Vector Control District, but have not been able to obtain a remedy for the nuisance. She also presented letters from the following residents in the neighborhood whose homes have been affected: Mr. and Mrs. Jerry Ernst, 1061 Visalia Drive; Catherine Catalono, 1058 Visalia Drive; Stephen and Sue Ann Eakin, 1054 Visalia Drive; and Mrs. J. Burks, 1053 Visalia Drive. Councilwoman Hertzog stated that she had been advised by George Argyros that the fields would be sprayed. Mayor McFarland suggested that the City contact property owners Wakeham and Phillips concerning the matter since their land is also involved in causing the problem. The City Attorney explained the procedures required by law in declaring a public nuisance, but felt that if the matter is being taken care of by Mr. Argyros, this procedure would not be necessary. Phil Washer, 1058 Redding Avenue, Costa Mesa, spoke to verify the invasion of crickets in both his home and his neighbor's home. Priscilla Washer, 1058 Redding Avenue, asked what the difference was between a private and public nuisance and the City Attorney clarified the -two situations. Councilwoman Hertzog reiterated that she would contact Mr. Argyros LI i 1 z ///zzz "'.ybbhfff , gg in the morning and advise him that the City is expecting some action in this matter; and since he had indicated that he would do something about the problem; she would obtain that commitment from him. Councilmanic Councilwoman Hertzog reported that she has had a request Comments for bicycle racks to be installed near bus stops; in particular at the intersection of Harbor Boulevard and Bicycle Racks Gisler Avenue, for the convenience of those citizens who at Bus Stops ride bikes to the bus stop in order to utilize public transportation. She requested that the Public Services Department advise if this would be possible and the approximate cost. NARMCO Councilman Raciti requested information as to the schedule for discussion concerning the NARMCO facility, 600 Victoria Street, which is posing a safety problem for surrounding properties. The City Manager responsed that this matter would be discussed at the Study Session of October 83, 1979. Victor Newton Councilman Hall thanked Victor Newton, Building Division Recognized Supervisor, for attending the meeting. Revenue Sharing Mayor McFarland - appointed Council Members Hertzog Funds for Social Hall to the committee responsible for interviewing Services applicants for Social Services Revenue Sharing Funds, with recommendations to be presented at the Council meeting of November 5, 1979. Mayor to Be Mayor McFarland announced that since he would be out of Out of Town town for a few weeks, he was requesting that Vice Mayor Schafer and Councilman Hertzog chair the Council meet- ings of October 1 and October 15, 1979, respectively. Adjournment The Mayor adjourned the meeting at 10:25 p.m. % yor of the City o Costa Mesa ATTEST: Ci y Clerk of the City of Cost esa