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HomeMy WebLinkAbout10/15/1979 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 15; 1979 The City Council of the City of Costa Mesa, California; met in regular session on October 15, 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 Council- woman Hertzog, followed by the Pledge of Allegiance to the Flag, and Invocation by Mayor McFarland. 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 Councilwoman Since Mayor McFarland had been out of town, Council - Chairs Meeting woman Hertzog was asked to chair the meeting. Minutes On motion by Vice Mayor Schafer, seconded by Mayor September 17, McFarland, and carried, the minutes of the regular meet - and October 1, ing of September 17, 1979, and the special and regular 1979 meetings of October 1, 1979, were approved as distrib- uted and posted as there were no corrections. Ordinances A motion was made by Mayor McFarland, seconded by Vice Mayor Schafer, and carried, to read all ordinances by title only. CONSENT CALENDAR. On motion by Vice Mayor Schafer, seconded by Mayor McFarland, all Consent Calendar items 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: Attorney John J. Doody on behalf of Robert H. Daniel; Mrs. Carol E. Walbert; and Guillermo Pulido. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Depart - Licenses ment from: Donald Lee Rogers, doing business at 270 East 17th.Street, Suite 17. Public The following notifications have been received Utilities from the Public Utilities Commission: Commission Opinion of the Commission in regard to the ap- plication of the Pacific Telephone and Telegraph Company, for authority to split and rearrange the present Yellow Pages sections of the Orange County and Orange Coast South directories into five Yellow Pages directories, to be known as Fullerton, Anaheim, Santa Ana, El Toro, and Orange Coast South Yellow Pages directories. !6 ' Application from Commuter Bus Lines, Incorpor- ated- for authority to extend its passenger End - stage commuter service from Orange County to Reading Folder Downtown Los Angeles. Business Permits Notice of Intention to Appeal or Solicit for Charitable Purpose from American Cancer Society, 4030 Birch Street, American Cancer Suite 101, Newport Beach, by holding a Bike-a-Thon on Society October 27, 1979, was approved subject to conditions of the Revenue Division. Arthritis Notice of Intention to Appeal or Solicit for Charitable Foundation Purpose from Arthritis Foundation, 900 North Broadway, Santa Ana, by door-to-door solicitation, February 1 through 29, 1980, was approved with application of Sec- tion 9-234J of the Municipal Code. Set for Public The following items were set for public hearing on the Hearing dates indicated, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa: GP -79-3A November 59 1979. General Plan Amendment GP-79- Nordquist/ 3A9 Reverend Conrad A. Nordquist, authorized Episcopal Church agent for the Bishop of the Protestant Episcopal Church, 1220 West Fourth Street, Los Angeles, to amend the land use designation for property lo- cated at 183 East Bay Street and at 2043 Orange Avenue. Environmental Determination: Negative Declaration. GP -78-3A November 19, 1979. General Plan Amendment GP-78- Sakioka Farms 3A, Revised, Royale Business Center, Incorporated, authorized agent for Roy K. Sakioka, Sakioka Farms, Incorporated, 14850 Sunflower Avenue, Santa Ana for permission to amend the land use designa- tion of property located north of the San Diego Freeway, west of Main Street and the Costa Mesa Freeway, south of Sunflower Avenue, and approxi- mately 1,300 feet east of Bristol Street, from Low Density Residential to Commercial Center (79.4 acres), Industrial Park (6.9 acres), Low Density Residential (8.8 acres), Medium Density Residential (30 acres); and for permission to amend the Circulation Element. Environmental Evaluation: Environmental Impact Report. Corrected Ease- A corrected easement for property located south of ment to Water Plumer Street and west of Park Avenue (Fire Station No. District 3), was presented. The original easement was recorded March 28, 1978, but the legal description was not cor- rect in that the word "east" was shown instead of "west". On motion by Vice Mayor Schafer, seconded by Mayor McFarland, the corrected easement to the Mesa Consolidated Water District was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None Right -of -Way ABSENT: Council Members: None A Right -of -Way Certification for Paularino Avenue, from Certification the Santa Ana -Delhi Flood Control Channel to 244 feet Paularino Avenue easterly of Enterprise Street, in connection with AHFP No. 962 Arterial Highway Financing Program Project No. 962, was presented. The Certificate is required by the County of Orange prior to obtaining their approval to advertise said project. On motion by Vice Mayor Schafer, seconded by Mayor McFarland, the Right -of -Way Certification was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: L' 1 AYES: Council Members: McFarland; Schafer' Raciti; Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Portion of Fire On motion by Vice Mayor Schafer, seconded by Mayor Mc - Station No. 2 Farland, Resolution 79-122, being A RESOLUTION OF THE Property to Be CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Public Street DECLARING A PORTION OF FIRE STATION NO. 2 AT 800 BAKER STREET TO BE A PUBLIC STREET; AUTHORIZING THE RECORD - Resolution 79-122 ING OF SAID RESOLUTION AND DECLARING REASONS THEREFOR, in connection with the widening and extension of Ran- dolph Street in compliance with Specific Plan SP -78-02, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 432 Bids received for Bid Item 432, One Triplex Greens Greens Mower Mower, are on file in the Clerk'.s office. On motion by Vice Mayor Schafer., seconded by Mayor McFarland, Awarded the bid was awarded to B.'Hayman Company, 9525 Soren - B. Hayman sen Avenue, Santa Fe Springs, in the amount of $4,771.20, 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 Conference On motion by Vice Mayor Schafer, seconded by Mayor Mc - Advances Farland, a Conference Advance.in the amount of $200.00, for the City Manager to attend the International City Manager'.s Annual Conference in Phoenix, Arizona, Octo- ber 21 to 25, 1979, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreements - Y.S.P. and Orange County Juvenile Diversion Program On motion by Vice Mayor Schafer, seconded by Mayor Mc- Farland, a Conference Advance in the amount of $245.00, for a police officer to attend the Department of Justice Conference on Outlaw Motorcycle Gangs, to be held in Sacramento October 23 to 26, 1979, was approved by the following roll -call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None On motion by Vice Mayor Schafer, seconded by Mayor Mc- Farland, a Conference Advance in the amount of $210.00, for a police captain to attend the California Police Officers Association All Committee Conference in Oak- land, November 7 to 9, 1979, was approved by the fol- 1owing roll call vote: AYES: Council Members: McFarland, Schafer Raciti, Hertzog, Hall None None NOES: Council Members: ABSENT: Council Members: On motion by Vice Mayor Schafer, seconded by Mayor Mc- Farland, the agreements with Y.S.P., Incorporated, and the County of Orange, for a Juvenile Diversion Program, were 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 Mayor Mc - Douglas Farland, an agreement between the City and Donald Douglas and Associates, Incorporated, 1311-A South Building Anaheim Boulevard, Anaheim, for building inspection Inspection services, was approved, and the Mayor and Clerk were Services authorized to sign on behalf of the City, by the fol- lowing roll call vote: AYES: Council Members: McFarland, Schafer, Raciti; Hertzog, Hall End - NOES: Council Members: None Consent Calendar ABSENT: Council Members: None Prohibition The Clerk presented from the meeting of October 1, of Parking on' 1979, a recommendation from the Traffic Commission to El Camino Drive prohibit parking on El Camino Drive between Mendoza Drive and LaSalle Avenue, for street sweeping with tow -away provisions; and to discuss the types of signs to be posted. The Director of Public Services recom- mended that the no -parking zone be posted using only the standard English language sign because it is the only one currently approved by the California Uniform Traffic Control Devices Committee, and further, that if the international pictorial tow -away sign is ap- proved in the State, said sign could be posted at that time. On motion by Vice Mayor Schafer, seconded by Resolution 79-123 Councilman Hall, Resolution 79-123, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, PROHIBITING PARKING ON MONDAYS BETWEEN 9:00 A.M. AND 11:00 A.M., ON A PORTION OF EL CAMINO DRIVE FOR THE PURPOSE OF STREET'SWEEPING, was adopted; and approval was given to post the standard no -parking sign as recommended, 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 Mayor Mc - Resolution 1085 Farland, Warrant Resolution 1085, including Payroll 7920, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Request for Executive Session Hypnosis Ordinance/ Harvey Referred to Study Session The City Attorney requested an Executive Session to discuss pending litigation, and the Council agreed to hold the executive meeting after the business of the regular session. The City Attorney presented the application of William Harvey, 3090 Molokai Place, Costa Mesa, for a business permit to practice hypnosis, and Mr. Harvey's request that the City',s ordinance regarding hypnosis be amended. The City Attorney expressed his opinion that the-City.',s ordinance did not apply to Mr. Harvey's practice, that Sections 11-11 and 11-12 are in the Muni- cipal Code for different reasons, and therefore an amendment was not necessary. William Harvey was present to answer questions from the Council, and requested that an addendum be added to the ordinance covering hypnosis in its therapeutic context thereby clarifying the dif-, ference from fortune telling. The City Attorney cited the case of City of Costa Mesa vs. Pryor, stating that the Supreme Court interpreted the ordinance as he had, therefore, a change would be superfluous. Council i 1 Members Raciti and Schafer concurred that more time was needed to study the request for an ordinance amendment. Vice Mayor Schafer referred to a letter dated September 12, 1979, from Joseph R. Ross, Ph.D., Vice -President of Sale of The Clerk presented a proposed urgency ordinance to Narcotic establish a moratorium on the issuance of business per - Paraphernalia mits for the sale of narcotic paraphernalia, pending study and preparation of a regulatory ordinance. John Shafer, 2751 Cardinal Drive, .Costa Mesa, and Mike Dion spoke in opposition to this type of regulation; and Mary and Chester Pearson, 1248 Belfast Avenue, Costa Mesa, spoke in support of banning narcotic paraphernalia the American'Guild of Hypnotherapists, 9563 Bolsa Ave- nue, Westminster, in which he stated that, "A few of the many cities that have changed ordinances in the recent past are Garden Grove, Glendale, Palo Alto, Ana- heim, Buena Park, Fullerton, Huntington Beach, and Pasadena". Joseph Ross was present and elaborated on the contents of the above:mentioned letter concerning the use of hypnosis/hypnotherapy or hypnotic techni- ques for vocational or avocational self-improvement as a legal occupation, which should not be restricted or prohibited; that it should be "unrestricted" as out- lined in Chapter 6.6 of the State of California Business and Professions Code. Dr. Ross also answered numerous questions from the Council, and submitted a portfolio to the City Clerk for the City Attorney's examination. Also present to speak in support of Mr. Harvey.'s request were: Renee M. Nameste, Ph.D., 3142 Cork Lane, Costa Mesa; and Frank Janco; Hypnotist, Long Beach. After brief discussion, a motion was made by Councilman Hall, seconded by Councilman Raciti, and carried, referring this item to. the Study Session of November 13, 1979, at 2:00 p.m., so that further input could be discussed. Memorandum of The City Manager presented a Memorandum of Understand - Understanding ing between representatives of the City and the Costa Police Mesa Police Association, covering salary adjustments, Association City contributions to medical, long term disability and/or dental coverage, and conditions of employment for certain police personnel. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the Memorandum of Understanding was received and filed. Police The City Manager presented a proposed resolution to Salaries implement salary adjustments for police personnel, representing an increase of 10 percent. On motion by Resolution 79-124 Vice Mayor Schafer, seconded by Councilman Hall, Resolution 79-124, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, ESTABLISHING THE RATES OF PAY FOR CLASSIFICATIONS AND EMPLOYEES PLACED . UNDER THE BASIC PAY SCHEDULE, was adopted by the fol- lowing roll call vote: AYES: Council Members: McFarland, Schafer Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Personnel The City Manager reported that a proposed.resolution Rules Change implementing a change in the Rules and Regulations for the Personnel System of the City of Costa Mesa, which Held Over covers overtime compensati,on for police personnel, is not ready for Council -consideration at this time and that it will be brought back at the meeting of November 5, 1979. Sale of Surplus The City Manager reported that a proposed resolution Property of intention to sell surplus property (Rochester Street Removed from - Fire Station site) should be removed from the Agenda Agenda and brought back at a later date. Sale of The Clerk presented a proposed urgency ordinance to Narcotic establish a moratorium on the issuance of business per - Paraphernalia mits for the sale of narcotic paraphernalia, pending study and preparation of a regulatory ordinance. John Shafer, 2751 Cardinal Drive, .Costa Mesa, and Mike Dion spoke in opposition to this type of regulation; and Mary and Chester Pearson, 1248 Belfast Avenue, Costa Mesa, spoke in support of banning narcotic paraphernalia sales. After brief discussion; a motion was made by Councilman Raciti, seconded by Mayor McFarland; to adopt Urgency Ordinance 79-24, being AN INTERIM ORDINANCE OF THE CITY Ordinance 79-24 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBIT - Adopted ING CERTAIN USES WHICH MAY BE IN CONFLICT WITH THE CITY'S GENERAL ZONING REGULATIONS CONCERNING ADULT USES AND DECLARING SAID ORDINANCE TO BE AN URGENCY ORDINANCE, SETTING FORTH REASONS THEREFOR, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None ZE-79-75 The Development Services Director presented revised Ray/Catholic plans for Zone Exception ZE-79-75, James W. Ray, 188 Church East 17th Street, authorized agent for the Catholic Diocese of Orange, for a Planned Development located at the southeast corner of Adams and Placentia Avenues. In referencing the Planning Division",s memorandum dated October 15, 19793, the Development Director explained that the original plans included only one point of ingress/egress, but that the Transportation Services Division recommended that two points were needed which caused an increase in the.amount of vehicular paving. The units in the finalized floor plans are somewhat larger than originally presented; and since staff suggests that the most northeasterly building be shifted an additional five feet to the east to provide more offset between the buildings, resulting in an ad- ditional 300 square feet of paving, it increases the percentage of paving to 19.02 percent, and reduces open space to 58.02 percent. The Planning Commission recom- mended approval of the revised plans; deletion of Condition No. 18 of the original approval which calls for dedication of a'27 -foot corner cut-off at the corner of Adams and'Placentia Avenues; and present cor- ner radius retained with landscaping to be installed to maintain the line of sight along Adams and Placentia Avenues, additional dedication for the radius to be made, if needed, with landscaping installed subject to approval by staff. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, the re- vised plans, including all recommendations of the Planning Commission, were approved. Lieutenant Healey Commended Resolution 79-125 Councilmanic Comments Energy Seminar On motion by Mayor McFarland, seconded by Vice Mayor Schafer, Resolution 79-125, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMENDING LIEUTENANT RAYMOND "MIKE" HEALEY OF THE COSTA MESA POLICE DEPARTMENT ON THE OCCASION OF HIS RETIREMENT, was adopted by the following roll call vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall None None Councilman Hall reminded the other Council Members that an Energy Seminar will be held on October 25, 1979, at 7:30 p.m., in the Council Chambers of City Hall, and that the speaker will be Mr. E. H. Clark, President of Baker International. Greenleaf Mobile Councilman Hall presented a report from the Planning Park Noise Division dated October 11, 1979, in connection with Complaints the complaints received from residents of Greenleaf Mobile Home Park, 1750 Whittier Avenue, of noise created by adjacent industrial uses. The report suggests that since Greenleaf is zoned R1 and there- fore remains inconsistent with the General Plan, the problems might be solved by the park owner construct - 1 1 1 G� � sr^ x 12t'b ing an accoustical wall of sufficient height, and that the City could consider a fence height variance due to the location of the park in an industrial area. Coun= cilman Hall requested that even though the City has been investigating the problem for five years, he would like to see staff follow-up on the complaints with the pos= sibility of a decision after that time. Posting of Councilman Raciti referred to a memorandum from the Prices at Planning Division Zone Inspector dated October 10 Gasoline 1979' which advises that there are no Federal or State Stations laws requiring the posting of gasoline price signs which are visible from the street; but the County of Orange recently approved an ordinance which stipulates that at least one price sign, but not more than four, which can be clearly seen from the street must be dis- played at any business selling gasoline. The County ordinance further requires that any one price sign cannot exceed 20,square feet in area. Councilman Raciti requested that this matter be placed on the Agenda for the Study Session of November 133, 1979. Joint Meeting Vice Mayor Schafer reported that an invitation has been with the City received from the City of Santa Ana to hold a joint din-' of Santa Ana ner session to discuss mutual problems and concerns. The meeting will be held at the Hungry Tiger, 1641 Sunflower Avenue, Santa Ana, with invitations to the press. The Vice Mayor requested suggestions for the meeting date and it was agreed that Thursday, November 29, 1979, was the preferred date, and second choice, Wednesday, November 28, 1979. Abandoned Vice Mayor Schafer referred to the memorandum from the Serv,ice Planning Division, dated October 9, 1979, concerning Stations abandoned service stations, and which summarizes the guidelines set forth by Code Section 13-386 et seq. for abatement of public nuisances. The memorandum further states that it would be necessary to research every service station site in the City, and if the Council wishes to have such research done, a study could be completed in approximately two weeks. Vice Mayor Schafer suggested, and the Council agreed, that instead of using staff time for research, a letter should go forward from the Mayor to owners of abandoned stations requesting conformance to the City's requirements. Adjournment At 8:10 p.m., Councilwoman Hertzog adjourned the meet - to Executive ing to an Executive Session in the City Clerk's office Session for the purpose of discussing pending litigation. No action was taken. Adjournment Councilwoman Hertzog declared the meeting adjourned at 9:40 p.m. Mayor of the City of osta✓Mesa ATTEST: City Clerk of the City of Costa Me