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HomeMy WebLinkAbout12/03/1979 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 3; 1979 The City Council of the City of Costa Mesa., California, met in regular session on December 3; 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 Doctor Bill Steele, Mesa Verde United Methodist Church. Roll Call Council Members Present: McFarland, Schafer, Raciti, Hertzog, Hall Council Members Absent: None PADS Communication from Thomas L. Woodruff, Attorney at Law, 1055 North Main Street, Suite 1020, Santa Ana, advising that the matter of litiga- tion involving the Public Agency Data Systems (PADS) has been concluded by a compromise settle- ment and release. Officials Present: City Manager, City Attorney, Assistant City Manager, Development Services Director, Director of Public Services, City Clerk Minutes On motion by Councilwoman Hertzog, seconded by Vice November 19, Mayor Schafer, and carried, the minutes of the special 1979 and regular meetings of November 19, 1979, were approved as distributed 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. Proclamation = A proclamation, declaring the week of December 2 through Lungs for Life 81 1979, as "Lungs for Life Week", was approved. Week Proclamation - A proclamation, declaring the week of December 9 through Bill of Rights 15, 1979, as "Bill of Rights Week", was approved. Week CONSENT CALENDAR. On motion by Vice Mayor Schafer, seconded by Councilman Hall, 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 Retirement Plan The Actuarial Valuation Report as of June 30, 1979, for Actuarial Report the Retirement Plan for safety employees of the City of Costa Mesa, was received and processed. 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: Alex Gog- lanian; and Attorney Wilmer E. Windham on behalf of Harman B. J. Gladd Construction Company. PADS Communication from Thomas L. Woodruff, Attorney at Law, 1055 North Main Street, Suite 1020, Santa Ana, advising that the matter of litiga- tion involving the Public Agency Data Systems (PADS) has been concluded by a compromise settle- ment and release. Restriction on Sale of Fire- works Pacific Telephone Rates Alcoholic Beverage Licenses End - Reading Folder A resolution from the City of Cypress urging a Countywide restriction on the sale of fireworks to the 48=hour period immediately preceding the July 4th holiday. Notice from Pacific Telephone Company of an ap- plication made to the Public Utilities Commission requesting a 9.4 percent rate increase, due to inflation, increased growth of services, and the financial market uncertainties. Alcoholic Beverage License applications for which parking has been approved by the Planning Depart- ment from: Round -Up Corporation, doing business at 843 West 19th Street; and South Coast Repert- tory Theatre, doing business at 655 Town Center Drive. Business Permit Notice of Intention to Appeal or Solicit for Charitable Purpose from the Orange County Council of Camp Fire Camp Fire Girls Girls, 1442 Irvine Boulevard, Suite 108, Tustin, by selling candy door-to-door. and by booth sales in shop- ping districts and at banks, from January 23 to Febru- ary 20, 1980, was approved with application of Section 9-234J of the Municipal Code. Assistance Notice of Intention to Appeal or Solicit for Charitable League Purpose from the Assistance League of Newport Beach, 2032 Orange Avenue, Costa Mesa, by holding a two-day parking lot sale of donated merchandise at the above address, December 8'and 91:1979, was approved. Tract 9902 Improvements for Tract 9902, located at -2552 and 2556 Nourse Elden Avenue, have been completed by Peter Nourse . Development Company, 901 Dover Drive, Suite 110, New- port Beach, to the satisfaction of the Director of Public Services. On motion by Vice Mayor Schafer, seconded.by Councilman Hall, the work was accepted, and a cash deposit i`n the amount of $2,100.00 was ordered exonerated, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Subdivision Improvements for Subdivision S-77-07, located between S-77-07 Sunflower Avenue and'MacArthur Boulevard, east at the Cadillac- Santa Ana River, have been completed by Cadillac - Fairview Fairview, 3093 Harbor.Boulevard, Santa Ana, to the sat- isfaction of the Director of Public Services. On motion by Vice Mayor Schafer, seconded by Councilman Hall, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Right -of -Way A Right -of -Way Certification for Baker Street, from Certification Bristol Street to 230 feet easterly, and from the Santa Baker Street Ana -Delhi Flood Control Channel to 244 feet easterly of AHFP 962 Enterprise Street, was presented. Said certificate is required by the County of Orange prior to obtaining their approval to advertise for construction of Arterial Highway Financing Project (AHFP) No. 962. On motion by Vice Mayor Schafer, seconded by Councilman Hall, 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: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None 1 u 1 1 1 Final Map for Final Map and Subdivision Agreement for Tract 10626, Tract 10626 Pentridge Cove, developer, 2950 Airway Avenue; Suite Pentridge Cove D-9, Costa Mesa; two lots, 6.25 acres, located at 740 to 780 Baker Street at the Randolph Avenue extension, CITY OF COSTA MESA, CALIFORNIA, CHANGING was presented. On motion by Vice Mayor Schafer, THE ZONING OF seconded by Councilman Hall, the Final Map and,Subdi- Adopted vision Agreement were approved; the Clerk was authorized connection with Rezone Petition R-79-14, to sign said map and the Mayor and Clerk were author- for property ized to execute said agreement on behalf of the City; the Council did accept on behalf of the public the reading andtiadopted by the following roll dedication of Baker Street and Randolph Avenue for call vote: street purposes; did also accept on behalf of the City of Costa Mesa: (1) The three-foot public utility ease- Council Members: McFarland, Schafer, ment as shown on said map, and (2) The vehicular access rights to Baker Street as `released and relinquished; and did also approve subject map pursuant to the provi- Council Members: Hertzog sions of Section 66436(c)(1) of the Subdivision Map ABSENT: Act, by the following roll, call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 437 Bids received for -Bid Item -437, Portable Breathing'Air Breathing Air Systems for Fire Personnel, are on file in the Clerk's Systems for office. On motion by Vice -Mayor Schafer, seconded by Fire Personnel Councilman Hall, the bid was awarded to Wardlaw Fire Equipment, Incorporated, Post Office Box 2088, La Habra, Awarded in the amount of $12,363.00, being the lowest bid meet- Wardlaw Fire ing specifications, by the following roll call vote: Equipment AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Speed Limit on On motion by Councilman Raciti, seconded by Councilman Fairview Road Hall, Ordinance 79-26, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING Ordinance 79-26 SECTION 10-332 OF THE MUNICIPAL CODE OF THE CITY OF Adopted COSTA MESA TO ESTABLISH SPEED LIMITS ON FAIRVIEW ROAD FROM INTERSTATE 405 TO SUNFLOWER AVENUE, reducing the speed from 50 to 45 miles per hour, 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 R-79-13 On motion by Vice Mayor Schafer, seconded by Councilman Tarnutzer- Hall, Ordinance 79-27, being AN ORDINANCE OF THE CITY Hamilton/ COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING Moreland THE ZONING OF A PORTION OF LOTS 141 AND 142; BLOCK 6, IRVINE'S SUBDIVISION, fROM'MP TO PDI, in connection with Ordinance 79-27 Rezone Petition R-79-131 for property located at 151 Adopted Kalmus Drive, 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 R-79-14 On motion by Councilman Hall, seconded by Vice Mayor Bourke Schafer, Ordinance 79-28, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING Ordinance 79-28 THE ZONING OF A PORTION OF LOT 22, FAIRVIEW FARMS, FROM Adopted R2 TO'R3, in connection with Rezone Petition R-79-14, for property located at 2013-2029 Anaheim Avenue, was given second reading andtiadopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hall NOES: Council Members: Hertzog ABSENT: Council Members: None Warrant On motion by Councilwoman Hertzog, seconded by Vice Resolution 1089 Mayor Schafer, Warrant Resolution 1089, including Payroll 7924, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Hertzog, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman Raciti, seconded by Council - Resolution 1090 woman Hertzog, Warrant Resolution 1090 was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Hertzog, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: None Hypnosis The,City Attorney presented a proposed ordinance amend - Ordinance ing the existing Costa Mesa Municipal Code sections to Amendment distinguish lawful uses of hypnosis from illegal uses, exempting lawful uses from prohibition. On motion by Ordinance 79-29 by Vice Mayor Schafer, seconded by Councilwoman Hertzog, First Reading Ordinance 79-29, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING COSTA MESA MUNICIPAL CODE SECTIONS CONCERNING HYPNOSIS, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Schafer, Hertzog, Raciti, Hall NOES: Council Members: None ABSENT: Council Members: None Butler Property The City Attorney presented Stipulation for Judgment Condemnation in Condemnation for the Butler property, in connection with the Superior Avenue widening project. The Director of Public Services indicated that the deadline date of February 1, 1980, for Mr. Butler to clear the right-of- way of all structures and obstacles, as well as to clear and remove all buildings from the property, except the Noack Trophy Building, might pose a problem and that he would prefer some flexibility of this date. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, Mr. R. F. Waldron, attorney for the City, was authorized and directed to,execute the stipulation for.settlement as presented, recognizing the possibility that the deadline date of February 1, 1980, may be'ex- tended by either party. ZE-76-208A The City Attorney reported that in connection with a Arnel request from Arnel Development Company to extend the time for Zone Exception ZE-76-208A, which was brought before Council on November 19, 1979, and continued to the Council meeting of December 17, 1979, he has not completed his study of the decision of the Appellate Court because of the extreme complexity of the case. He further stated that it was possible that the Supreme Court would consider this matter. On motion by Council- man Hall, seconded by Councilman Raciti, and carried, f the City Attorney was directed to send a letter to the California Supreme Court suggesting they take jurisdic- tion due to the fact that proponents of the Initiative were not represented by counsel during litigation. Retirement The City Manager presented a recommendation from the Committee Retirement Committee to add a representative from the Expansion and Police Department to the Committee. The Committee has Appointment been comprised of the City Manager, Finance Director, and one safety member; but due to the total active mem- bers being composed of safety employees, and work schedule problems between Police and Fire employees, it became apparent that a representative from the Police Department should be included on the Committee. After a vote was taken by the Committee, David Brooks was recommended for appointment.to said Committee as the Police Department's representative. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, and carried, expansion of the Committee and appointment of David Brooks were approved. Special The City Manager presented an additional recommendation Payment to from the Retirement Committee to adopt a proposed reso= Retired lution increasing the monthly retirement allowance to Employees current retirees. The change provides for increases ranging from one-half percent to ten percent depending upon an employee.'s date of retirement. The financial condition of the Plan is adequate to absorb this cost, which is approximately $2,500.00 additional per month. On motion by Councilman Hall, seconded by Vice Mayor Resolution 79-136 Schafer, Resolution 79-136, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING THE RETIREMENT PLAN FOR SAFETY EMPLOYEES OF THE CITY OF COSTA MESA, was adopted by'the following roll call'vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: McFarland ABSENT: Council Members: None Sale of Rochester Bids received for the sale'of the Rochester Street'Fire Street Fire,Sta- Station property are on file in the Clerk's office. tion Property After opening of written bids, an auction was held and the highest bid received was from Gary Sauter, 3500 Gary Sauter East Coast Highway, Suite No. 1, Corona del Mar, in the Bid Accepted amount of $93,000.00. Cashier's checks in the total amount of $183,600.00, representing the 20 percent required deposit, have been received from Mr. Sauter; and the bid procedure stipulates that escrow is to close within 90 days of 'acceptance. On motion by Coun- cilman Raciti, seconded by Councilwoman Hertzog, the bid was accepted, and the Mayor and Clerk were authorized to execute the necessary documents, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Countywide The City Manager presented the following proposals: an Ambulance ordinance, with revisions,'which would adopt Countywide Regulations uniform ambulance regulations; and a resolution imple- menting said ordinance.. The revisions, which have,been coordinated with the County and are acceptable to them, are as follows: (1) The City Council now has the option to initiate a public hearing in cases of issuance, denial, suspension, or revocation of permits; (2) Public liability insurance limits have been increased to $19000,000.00 combined single limits, and the ambulance operator is required to submit a certificate naming the City of Costa Mesa as additional insured on his insur- ance policies; (3) One ambulance is required to be physically stationed in the City at all times; (4) In- formation on complaints is required to be sent to the City Manager; (5) The City'Council and the City Manager may comment on new regulations or changes in regulations; (6) A City business license is required; and (7) The in- surance requirements must be met before any business license is issued. In addition, two alternatives con- cerning rate -making were presented for Council decision. The first alternative calls for the County setting.the rates; and the second alternative for the City to set. rates. Brief discussion followed concerning the rate- making alternatives, and thereafter a motion was made by Councilman Hall, seconded by Vice Mayor Schafer, to give Ordinance 79-30 first reading to Ordinance 79-30, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, ADOPTING THE COUNTYWIDE UNIFORM AMBULANCE ORDINANCE WITH REVISIONS; incorporating Alternative No. 1 in which the County will set rates. The motion carried by the following roll call vote: AYES: Council Members: McFarland Schafer Hertzog, Hall NOES: Council Members: Raciti ABSENT: Council Members: None On motion by Vice Mayor Schafer, seconded by Council - Resolution 79-137 woman Hertzog, Resolution 79-137, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, APPROVING AGREEMENT WITH ORANGE COUNTY TO IMPLEMENT MODEL AMBULANCE ORDINANCE AND APPROVING AND ADOPTING COUNTY OF ORANGE, PUBLIC HEALTH AND MEDICAL SERVICES AMBULANCE ORDINANCE REGULATION; was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer Hertzog, Hall NOES: Council Members: Raciti ABSENT: Council Members: None Public Hearing The Mayor announced that since the applicant for Re - R -79-15 zone Petition R-79-15, the;Reverend Conrad A. Nordquist, Trailed was not present at this time, the public hearing would be trailed to later in the.meeting. 208 Water In connection with the 208 Water Quality Planning Quality Plan Program, the Clerk presented for consideration, adoption of the City's position on the proposed action program in response to -the State Water Resources Control Board's (SWRCB) Resolution 79-62. -The Assistant City Manager reported that the local 208 Water Quality Plan as developed by the Newport -Ervine Waste -Management Plan- ning Agency (NIWA), has been reviewed by other local agencies, Southern California Association of Governments (SCAG), and SWRCB, however.'SWRCB has made a determina- tion that the local 208 Plan for the Newport Bay Water Shed was deficient in two technical respects. The two deficiencies referenced by,SWRCB involve efforts to reduce the amount of -silt or debris which is carried by storm water into Upper Newport Bay. In response to SWRCB, SCAG and local agencies have developed a program which allows local agencies the.option of either adopt- ing a common set of regulations and a standardized method of enforcement, or the option to require the local Regional Water Control Board to perform this func- tion. The Assistant City Manager further stated that since a small portion of Costa Mesa contributes to Upper Newport Bay (approximately three percent), it would seem reasonable to approve the proposed action program for controlling sedimentation in the Upper Bay. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, the Council gave support to the proposed SCAG strategy for erosion and grading controls, and for agricultural best management practices, speci- fying a reasonable time period for the adoption and implementation thereof. Participation The Clerk presented for Council consideration, continued of City in NIWA participation by the City of Costa Mesa in NIWA. The Assistant City Manager reported that NIWA is not receiv- ing any 208 Water Quality Planning funds from either SCAG or the Environmental Protection Agency (EPA), and that should NIWA or a substitute local planning agency carry on the 208 Water functions in the future, there was little likelihood that the areas of study would impact Costa Mesa. Further, that'the primary focus of the pro- gram appears to center on the control of sedimentation carried into Upper Newport Bay by the San Diego creek, and no portion of the incorporated Costa Mesa City limits are tributary to this channel. Based on this 1 1 1 information, staff has recommended that the City with-- draw ith-draw from-NIWA per the requirements of the Joint Exercise of Powers Agreement. After brief discussion, a motion was made by Councilman Hall, seconded by Vice Mayor Schafer, and carried; to formally withdraw from NIWA as recommended by staff. Thereafter, Councilman Hall announced that he would submit his resignation as Chairman of the NIWA Board. Council Review The Clerk presented for Council review, Zone Exception ZE-79-183 Leary/Wimbledon ZE-79-183, Don Leary, authorized agent for Wimbledon Associates, 1470.Jamboree Road, Newport Beach, for a Conditional Use Permit to allow retail sales of tennis equipment at 3420 Wimbledon Way, in a PDR -MD zone. Environmental Determination: Exempt. The Planning staff recommended approval subject to the condition that this business shall be limited to one sign not to exceed six square feet, and location of said sign shall be under the direction of the Planning Division. The Planning Commission recommended approval subject to an additional condition that there will be no advertis- ing to persons outside the Wimbledon Village Tract. The applicant was not present. After brief discussion, a motion was made by Councilwoman Hertzog seconded by Vice Mayor Schafer, and carried, approving the applica- tion, and subject'to both conditions detailed above. Request to The Clerk presented a request to appeal the Planning' Appeal DR -79-44 Commission's denial of Development Review DR -79-44 from Wooters Gerard Wooters, 6106 West Ocean Front, Newport Beach, to construct a 61200 square foot commercial building on Referred Back a site containing five existing commercial buildings, to Planning which are to remain, and two which are to be demolished, Commission on property located at 2482-88 Newport Boulevard. The Development Services Director reported that the Planning Commission upheld a Planning staff decision to deny the proposed commercial development based on the fact that construction of a new building on the rear portion of the property withonly additional trim to the older structures would prolong the obsolete development pat- tern, and also based on past decisions where older structures have not been allowed to remain on large parcels where new development is proposed. Further,, the project does not comply with requirements�of the, Municipal Code; some of the buildings have nodbuilding permit on file; two kilns have been added for which there is no record of a permit having been issued by the Fire Department; and the property is poorly main- tained in that there are large holes in the unpaved drive area and several structures are in need of paint. The applicant was'present and. spoke in support of his f request, stating that he had a rendering of his proposed remodeling, not shown to the Planning Commission, which _would show the improvement to the property. Discussion ---"- = followed during which time Mr. Wooters answered ques- tions from the Council. On motion by Vice Mayor Schafer, seconded by Mayor McFarland, and carried, this item was referred back to the Planning Commission. Public Hearing The Clerk announced that this was the time and place set R-79-15 for the public hearing, trailed from earlier in the Nordquist/ meeting, for Rezone Petition R-79-15, the Reverend Episcopal Conrad A. Nordquist, authorized agent for the Bishop of Church the Protestant Episcopal Church, for permission to re- zone property located at the southwest corner'of Orange Held Over Avenue and Bay Street from Rl to PDR -HD (Planned Devel- opment Residential - High Density). Environmental Determination: Negative Declaration for General Plan Amendment GP -79-3A adopted November 5, 1979. The Affi- davit of Publication is on file in the Clerk's office. A communication in favor of the project has been received from Mrs. John E. Campbell, 1915 Bayadere A A& fy Terrace, Corona del Mar. The applicant was not present. The Development Services Director reported that the rezone has been requested in order to permit 36 residen- tial units for low income senior citizens and for the construction of a new church. The Planning Commission and Planning staff, have recommended approval of the re-' zone to PDR -HD subject to the following conditions: (1) Second reading.of the ordinance held until approval of project funding from Housing and Urban Development (HUD); and the project is filed with the City; and (2) If funding is not,approved nor application made within six months, initiate rezone to I and R Institutional and Recreational.' Robert Yoder, 155 Buoy Street, Costa Mesa,.spoke in opposition to the project and submitted a petition containing 15 signatures of property owners in the area who are also opposed. Mr. Yoder also statedthat he did not receive notification of all the public hearings concerning the subject property. James Crilly, 184 East Bay Street, Costa Mesa, and Albert Ogden, 2066 Orange Avenue, Costa Mesa, also spoke in opposition to the rezone. Jorge Alvarez, Chairman of the Housing and Community Development Committee, spoke in support of this type of project for senior citizens. Brief discussion followed, after which a motion was made by Councilman Hall, seconded by Vice Mayor Schafer, and carried; to -'continue this item to the meeting of December 17, 1979. Oral Al Ogden inquired'as to whether or not his comments of Communications tonight would be considered if he could not at the next meeting, and.the Mayor responded that they would. Mr. .Yoder requested that Council do a whole Master Plan and not rezone.in'a piecemeal manner. Councilmanic Councilwoman Hertzog welcomed the City's Washington Comments representatives.,:Bill Morgan and Sandy Horowitz, who Washington were in attendance. Representatives Adjournment The Mayor declared the meeting adjourned at 8:45 p.m. , L11i, jror of the City'of, Co` to Mesa ATTEST: City Clerk of the City of Costa M a 1 1 1