Loading...
HomeMy WebLinkAbout01/07/1980 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA January 7; 1980 The City Council of the City of Costa Mesa, California, met in regular session on January 7; 1980, 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- man Hall, followed by the Pledge of Allegiance to the Flag, and Invocation by Monsignor Thomas J. Nevin, St. Joachim Catholic Church. Councilman Hall At the request of Mayor McFarland, Councilman Hall Chairs Meeting chaired the meeting. Roll Call Council Members Present: McFarland, Schafer, Raciti, Hertzog; Hall Council Members Absent: Officials Present: None Assistant City Manager, Assistant City Attorney, Development Services Director, Director of Public Services, City Clerk Minutes On motion by Vice Mayor Schafer, seconded by Council - December 17 woman Hertzog, and carried; the minutes of the regular and 273, 1979 meeting of December 17, 1979; and the adjourned meeting of December 27, 1979; were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Mayor McFarland, seconded by Councilwoman Hertzog, and carried; to read all ordi- nances by title only. Robert Briggs On motion by Mayor McFarland, seconded by Councilwoman Commended Hertzog, Resolution 80-1; being A,RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA; CALIFORNIA, COMMEND - Resolution 80-1 ING ROBERT 0. BRIGGS IN APPRECIATION OF TWELVE YEARS OF CONTINUOUS SERVICE ON THE COSTA MESA SANITARY DISTRICT BOARD, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None 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 Crime Watch On motion by Vice Mayor Schafer, seconded by Council- woman Hertzog, Resolution 80-2, being A RESOLUTION OF Resolution 80-2 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ENDORSING AND SUPPORTING CALIFORNIA CRIME WATCH AND THE ATTORNEY GENERAL,'S PLAN TO RESTORE PUBLIC SAFETY IN THE 1980"S, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Records On motion by Councilwoman Hertzog, seconded by Vice Destruction Mayor Schafer, Resolution 80=3; being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AUTHORIZING Resolution 80-3 RECORDS DESTRUCTION FOR THE FINANCE DEPARTMENT OF THE CITY OF COSTA MESA; PURSUANT TO ORDINANCE NO. 75-60, was adopted 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: Robert S. Mills; James A. Green; Carrie Boback; and Stacie Jo Koslen. Local Agency Resolution from the Orange.County Local Agency Formation Formation Commission authorizing the Mesa Con - Commission solidated Water District to annex territory without notice and hearing and without election, located in the general area of Sea Bluff Drive and Canyon Road; designated Annexation No. 79-2. Communication from the Orange County Local Agency Formation Commission that determination will be made on January 9; 1980; without notice and hear- ing, on the proposed annexation to the Costa Mesa Sanitary District., designated Engineer's No. 193 Annexation, located in the general area of .Fair- view Road and Sunflower Avenue. Public Utilities Notice of Filing of Application No. 59316 with Commission the Public Utilities Commission by Southern Cali- fornia Gas Company, for authority to increase rates charged by it for gas service. Order Instituting Investigation No. 61 by the Public Utilities Commission; for the purpose of establishing a list for the fiscal year 1980-81 of existing and proposed crossings at grade of City streets, County roads or State highways, most urgently in need of separation, or projects effecting the elimination of grade crossings by removal or relocation of streets or railroad tracks, or existing separations in need of alteration or reconstruction as contemplated by Section 2452 of the Streets and Highways Code. Notice of filing Application 59351 with the Public Utilities Commission by Southern Cali- fornia Edison Company, for authority to increase rates charged by it for electric service. Board of The following notices of public hearing to be Supervisors held on January 3; 1980, were received from the Orange County Board of Supervisors, and no action is required: Consideration of expending funds for the development of the Aliso Creek bicycle trail from the San Diego Freeway to Moulton Parkway; and Bolsa.Chica Linear Regional Park. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Depart - Licenses ment, from: Clan Importers, Incorporated, doing business at 2790 Harbor Boulevard, Suite 201; Cristina and Simplicio Gonzalez, doing business 1 1 1 Park Land Fees January 21, 1980. Proposed ordinance amending or Dedication Title 13, Sections 407 and 493 of the Municipal Code of the City of Costa Mesa, to permit credit for privately developed, owned, and maintained open space in lieu of land -dedication or payment of fees for park purposes. Tow Services at 1518 Baker Street; Vie De France Corporation; G and W Towing doing business at 3333 South Bristol Street; End - Suite 184; and -Nancy A. Cornish, doing business as Reading Folder The Lotus Room, 1548 Adams Avenue, Suite "F". Business Permit Notice of Intention to Appeal or Solicit for Charitable Purpose from Purple Heart Veterans Rehabilitation Ser - Purple Heart vice, Incorporated, doing business as Purple Heart Veterans Veterans Thrift Stores, 555 Ocean Boulevard, Suite 225, Harbor Towing Long Beach, by pick-up of reuseable household items and personal clothing for resale in their thrift store, from Claim - Sturdy January 1 through December 31, 1980, was approved for Denied calendar year 1980. Set for Public The following items were set for public hearing in the Hearing Council Chambers of City Hall, at 6:30 p.m., on the for ZE-78-101 dates indicated: Park Land Fees January 21, 1980. Proposed ordinance amending or Dedication Title 13, Sections 407 and 493 of the Municipal Code of the City of Costa Mesa, to permit credit for privately developed, owned, and maintained open space in lieu of land -dedication or payment of fees for park purposes. Tow Services February 4, 1980. Certificate of Convenience and G and W Towing Necessity for tow services, for G and W Towing, Incorporated, 740 Ohms Way, Suite B, Costa Mesa. Tow Services February 4, 1980. Certificate of Convenience and Vista Towing Necessity for tow services, for Vista Center Auto- motive, doing business as Vista Towing, 801 West 19th Street, Costa Mesa. Tow Services February 4, 1980. Certificate of Convenience and Harbor Towing Necessity for tow services, for Harbor Towing, 964 West 17th Street, Costa Mesa. Claim - Sturdy On motion by Councilwoman Hertzog, seconded by Vice Denied Mayor Schafer, and carried, the claim of Nancy Sturdy was denied. Improvements The Director of Public Services has recommended for ZE-78-101 acceptance of the alley improvements completed by John - Hughes Hughes, developer, Post Office Box 85, Costa Mesa, in connection with Zone Exception ZE-78-101, for property located at 173 and 175 Broadway. On motion by Council- woman Hertzog, seconded by Vice Mayor Schafer, the work was accepted, and Savings Passbook No. 6094-001172-22 in the amount of $10,600.00 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 Change Orders Change Orders 1 and 2 for construction of Assessment 1 and 2 for District 79-01, South Coast Drive; were presented. Assessment Change Order No. 1 revises the contract completion date District 79-01, to July 14, 1980, necessitated by,the standard seasonal South Coast Drive exclusion of access from the Orange County Flood Control District channel right-of-way between October 15 and April 15. Change Order No. 2, in the amount of $9,091.77, calls for fire vehicle access as requested by the City; and to accommodate two future driveway accesses for the new development by the Automobile Club of Southern California. On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer, the Change Orders were approved, and the Clerk was authorized to sign on behalf of the City, by the following roll call vote: irl 1 AYES: Council Members: McFarland; Schafer; Raciti; Hertzog; Hall NOES: Council Members: None ABSENT: Council Members: None Update of Police A quotation was presented from Dictaphone Corporation, Department Dic= 2812 Walnut Avenue, Suite A. Tustin; for modernizing the tating Equipment dictating/transcribing equipment in the Police Depart- ment, stipulating a 36 -month lease/rent, in the amount of $482.90 per month. This a sole source item because it is the updating of the existing equipment, and is a budgeted item. On motion by Councilwoman Hertzog, sec- onded by Vice Mayor Schafer, authorization was given for updating of the subject equipment as recommended, by the following roll call vote: ' AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Councilwoman Hertzog; seconded by Vice Adjustment Mayor Schafer, Budget Adjustment No. 80-25, in the No. 80-25 amount of $53,080.00, to complete the total cost for the acquisition of Canyon Park, was approved 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 Public On motion by Councilwoman Hertzog, seconded by Vice Nuisance Mayor Schafer, Ordinance 79-31, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AMENDING Ordinance 79-31 PROVISIONS OF COSTA MESA MUNICIPAL CODE SECTION 13-387 Adopted RELATING TO PROCEDURES FOR DETERMINING EXISTENCE OF A NUISANCE AND IMPOSING LIENS FOR COSTS OF ABATING SAME, was given second reading and adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council None _Members: ABSENT: Council Members: None Guard Rail The Clerk presented from the meeting of November 19, on Placentia 1979, proposals for installation of a guard rail on Avenue Placentia Avenue between Tern Circle and Swan Drive. The Traffic Commission evaluated a number of measures to reduce property damage and they concluded that most of these, including the guard rail., increase protection to fences and yards at the expense of safety to the driver. The Commission recommended that a decision by Council be delayed until they make an evaluation of cer- tain safety measures recently put into operation, and a report to be presented to the Council in the Spring. Councilwoman Hertzog voiced -her disappointment that a solution was not available at this time, and stated that she would contact the residents in the area to advise them that a report would be forthcoming in the Spring. Jean Robins, 1807 Tahiti'Drive, Costa.Mesa, gave her opinion that a guard rail. was not the answer to the problem and that the money would be spent more wisely by increasing Police patrol's in this vicinity. Councilman Hall responded that it would be quite expen- sive to have police units in the area at all times. Council concurred that a decision would not be made until the report was received from the Traffic Commis- sion in the Spring, and no action was required at this time. Warrant On motion by Mayor McFarland, seconded by Vice Mayor Resolution 1092 Schafer, Warrant Resolution 1092, including Payroll irl 1 7926, was approved 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 Resolution 1093 McFarland, Warrant Resolution 1093 was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Sunshine The -Assistant City Attorney reported on the progress of Studios the Sunshine Studio litigation, stating that the City Litigation obtained an injunction against the studio at the trial court level. Thereafter the Studio filed an appeal to remain open while a decision was being made but the Appellate Court denied -the request. The defendants have now filed their request to remain open with the Supreme Court. The,Assistant City Attorney further ex- plained that if the Supreme Court grants the request of the Studio, then that Court will review the case; but if the request is denied by the higher court, the case will be reviewed at the Appellate level. He further advised that the Supreme Court decision as to whether or not the Studio can remain open should be forthcoming in approxi- mately 10 to 14 days. Arnel Case The Assistant City Attorney reported that the Supreme Court has elected to hear the Arnel case and render a decision. This action makes the decision of the Appel- late Court null and void•. In response to an inquiry from Councilman Hall, the Assistant City Attorney ad- vised that the probable minimum time a decision would be reached would be July, 1980- but since this is a very complex case, it very well could be somewhat later. Revenue Sharing The Assistant City Manager presented a request from the Funds - High High Hopes Neurological Recovery Group, Incorporated, Hopes Group 542 West 19th Street, Costa Mesa, ;for Federal Revenue Sharing Funds in the amount of $1;:000.00, to offset the cost of their program for rehabilitating head injured young adults. The funding requested is to provide for the use of the City ,'s Downtown Community Center pool where the organization carries on a physical therapy program. After brief discussion,,a motion was made by Mayor McFarland, seconded by Councilman Hall, and car- ried, referring the request to the Social Program Revenue Sharing Review Committee for recommendation. Public Hearing The Clerk announced that this was the time and place set SP -78-02 for the public hearing to consider amendments to Speci- Amendment fic Plan SP -78-02, to amend development standards and the street improvement provisions included in the imple- mentation, for property located between Baker Street and Paularino Avenue, and Bristol Street and Jeffrey Drive, containing approximately 18,acres,of land. The Affi- davit of Publication is on file in the Clerk -'s office. No communications have been received. The Development Services Director, in summarizing.the background of the project, stated that in August, 1979, Council approved certain amendments to the Plan and its accompanying Implementation Plan. The amendments modified the align- ment of the Randolph Avenue extension by adding "knuckles" on the outside of the roadway .'s two curves and also rescinded the Council,'.s previous offer to ex- change property -owner dedication of the necessary right-of-way for City improvement of the street. Also; the Council decided at that time that immediate through street access was not necessary and that initial improvements.to Randolph Avenue would be limited to the north/south leg from Baker Street,to provide access to The Janes Company project located between 740 and 780 Baker Street. Since the above.actions were taken, two major developers, The Janes Company and Richard Sewell, have requested reconsideration of these amendments to both the Specific Plan and its Implementation Plan. A third developer, R. C. Taylor Company, has also become involved in a project which relates to the timing and extent of initial improvements for the Randolph Avenue extension. Richard Sewell has requested an amendment calling for 20 -foot instead of 25 -foot setbacks in connection with the development standards relating to property adjacent to Randolph Avenue. Both Mr. Sewell and The Janes Company have requested reconsideration of the decision to rescind the dedication/improvement ex- change option. The Planning staff has recommended approval of the two amendments based on the following findings: (1) Sufficient justification exists to exempt the Sewell development from the 25 -foot setback adjacent to Randolph as detailed on Page 2 of the memorandum dated November 30, 1979, from Advance Plan- ning, and since 20 -foot setbacks will still accommodate the proposed development and retain the character of - the streetscape established by the recently approved projects; and (2) Reinstatement of the dedication/ r improvement exchange offer appears to balance the expenditure of.public funds to construct the Randolph Avenue extension with the timely dedication of a major- ity of the necessary right-of-way. 'The staff further recommended that since resolving. the remaining imple- mentation issues is of a high priority, direction be given for staff to prepare a detailed implementation timetable in conjunction with all .affected developers in the area, said timetable to include means of obtain- ing the remaining right-of-way and timing of the roadway construction; and should additional funding be required, the timetable should indicate when the necessary appro- priations can be obtained. :The Development Services Director reported that he has received a letter from Mr. Sewell which requests that the amendment concerning setbacks be continued for one month due to negotiation problems he is encountering. Jorge Alvarez, 1947 Kill- deer Circle, Costa Mesa, representing The Janes Company, spoke in support of the dedication/improvement exchange for City improvement of the street. There being no other speakers, Councilman Hall closed that portion of the public hearing concerning the dedication/improve- ment exchange. On motion by Mayor McFarland, seconded by Vice Mayor Schafer, Staff Recommendation No. 2, dedication/improvement exchange, was approved; and Resolution 80-4 Resolution 80-4, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING AMEND- MENTS TO SPECIFIC PLAN SP -78-02 FOR IMPLEMENTATION OF THE CONSTRUCTION OF THE RANDOLPH AVENUE EXTENSION, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Setback Amendment On motion by Vice Mayor Schafer, seconded by Councilman for SP -78-02 Hall, and carried, public hearing to consider an amend- ment of the setback requirements for Specific Plan Held Over SP -78-02 to 20 feet, was continued to the Council meet- ing of February 4, 1980. 1 1 1 1 1 Councilmanic Councilwoman Hertzog expressed concern over the traffic Comments problem at the intersection of Baker Street and Fairview Road due to automobiles lining up'for gasoline at the Baker Street Exxon Station. This situation has led to the bike lane and Fairview being blocked and has made it difficult for pedestrians Road Traffic to cross the streets. Councilwoman Hertzog requested that staff look into the matter and report back to the Council at the meeting of January 21, 1980. Adjournment Councilman Hall adjourned the meeting at 7:15 p.m. Mayor of the City Uf Costa Mesa ATTEST: City Clerk of the City of Costa 9 sa