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HomeMy WebLinkAbout01/21/1980 - City CouncilRoll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA January 21, 1980 The City Council of the City of Costa Mesa, California, met in regular session on January 21, 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 Raciti, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Donald Thurman, Costa Mesa Nazarene Church. Council Members Present: Schafer, Raciti, Hertzog, Hall Council Members Absent: McFarland Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk Councilman Raciti In the absence of Mayor McFarland, Councilman Raciti Chairs Meeting chaired the meeting. Minutes On motion by Councilwoman Hertzog, seconded by Vice January 7, 1980 Mayor Schafer, and carried, the minutes of the regular meeting of January 7, 1980, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Vice Mayor Schafer, seconded by Councilwoman Hertzog, and carried, to read all ordi- nances by title only. 1 Proclamation Councilman Hall read a proclamation declaring the week Army National of February 11, 1980, as "Army National Guard and Army Guard and Army Reserve Week" in the City of Costa Mesa, urging the Reserve Week citizens to support these organizations. CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 9, prohibition of parking on a portion of Sunflower Avenue. On motion by Vice Mayor Schafer, seconded by Councilman Hall, the remain- ing Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Establishing On motion by Vice Mayor Schafer, seconded by Councilman Precincts, Hall, Resolution 80-5, being A RESOLUTION OF THE ,CITY Polling Places, COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTAB- Board Members, LISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING and Compensation PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE for Election GENERAL MUNICIPAL ELECTION OF SAID CITY ON TUESDAY, APRIL 8, 1980, HERETOFORE CALLED BY RESOLUTION 79-138 OF Resolution 80-5 THE CITY COUNCIL, was adopted by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Ordering On motion by Vice Mayor Schafer, seconded by Councilman Canvass of Hall, Resolution 80-6, being A RESOLUTION OF THE CITY Election COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING 1 1 i 4+ tj `:...: hoax•` THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD Resolution 80-6 ON TUESDAY, APRIL 8, 1980, TO BE MADE BY THE CITY CLERK; was adopted by the following roll call vote: AYES: Council Members: Schafer; Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland 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: Workmen's Auto Insurance on behalf of -Helen Crichton; Anthony D'Esterre; Robert E. DiClemente; Ellen J. Beale- Eliel; and Attorney Jan Mark Dudman on behalf of Mary Hill Beaufford and James Hill. Alcoholic Alcoholic Beverage License application for which Beverage parking has been approved by the Planning Depart - License ment from: Ida and Joseph Berman; doing business as Denny's Restaurant No. 173, 3170 Harbor Boule- vard. Public Notice from the Public Utilities Commission of Utilities the reopening of Application No. 58764, in the Commission matter of Southern California Edison Company for authority to modify its energy cost adjustment End - clause to increase its energy cost adjustment Reading Folder billing factor. Business Permit A request from Donald E. Nolan, Post Office Box 566, La Habra, to hold an antique exposition and sale at the Nolan Orange County Fairgrounds; November 6 through 9; 1980; and March 19 through 22, 1981, was approved subject to one condition of the Revenue Division. Set for Public The following items were set for public hearing on Hearing February 4, 1980, at 6:30 p.m., in the Council Chambers of City Hall: R-79-16 Rezone Petition R-79-161 Jimmy B. and Rebecca A. Brooks Brooks, 1668 New Hampshire Drive, Costa Mesa, for permission to rezone property located at 920-936 West 18th Street, from R2 to R3. Environmental Determination: Negative Declaration. R-80-01 Rezone Petition R-80-011 Royale Business Center, Sakioka authorized agent for Roy Sakioka, Incorporated, 14850 Sunflower Avenue, Santa Ana, for permission to rezone property bound by the Town Center, San Diego, and Costa Mesa Freeways; and Sunflower Avenue, from Cl and C2 to PDC (Planned Develop- ment -Commercial) and PDR -HD (Planned Development Residential - High Density). Environmental Determination: Environmental Impact Report for General Plan Amendment GP -78-3A, Revised, ap- proved by Council on November 19, 1979. Change of Time The Traffic Commission has recommended a change of time for Street of parking prohibition for street sweeping on Bay Street, Sweeping on from Thurin Street to Parsons Street. The recommended Bay Street change is from the existing 8:00 a.m. to 10:00 a.m. to between 9:00 a.m. and 11:00 a.m. on Mondays, with towaway provision, because of street sweeper scheduling and convenience for the residents._ On motion by Vice Mayor Schafer, seconded by Councilman Hall, Resolution Resolution 80-7 80-71 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE TIME FOR PARKING 1 1 PROHIBITION ON A PORTION OF BAY STREET FOR STREET SWEEP= ING PURPOSES, WITH TOWAWAY PROVISION, was adopted by the following roll call vote: AYES: Council Members: Schafer; Raciti, Hertzog; Hall NOES: Council Members: None ABSENT: Council Members: McFarland Prohibition The Traffic Commission has recommended that parking be of Parking on prohibited on the northerly curb of Bristol Street, from Bristol Street Red Hill Avenue northwest 1,100 feet to the Flood Con- trol Channel, to prevent large commercial vehicles now parking adjacent to the driveways from obscuring the vision of exiting vehicles which poses a hazard. On motion by Vice Mayor Schafer, seconded by Councilman Resolution 80-8 Hall, Resolution 80-8, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBIT- ING PARKING ON A PORTION OF BRISTOL STREET, was adopted by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Traffic Engineer Due to the fact that street sweeping schedules are Authorized to occasionally altered in the interest of more efficiency, Revise Street the Traffic Commission has recommended that the Council Sweeping Hours authorize the Traffic Engineer to make the changes in the hours after giving due notice of the proposed change to the residents affected. This recommendation would eliminate the need to come before the Council with each individual request. On motion by Vice Mayor Schafer, Resolution 80-10 seconded by Councilman Hall, Resolution 80-10, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE TRAFFIC ENGINEER TO MAKE CHANGES IN THE HOURS FOR PARKING PROHIBITION FOR STREET SWEEPING PURPOSES, was adopted by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Improvements The Director of Public Services has recommended accept - for Tract 10018 ance of improvements for Tract 10018 which have been com- Gregory pleted by James H. and Bonnie L. Gregory, developers, 3187-G Airway Avenue, Costa Mesa, for property located at Sea Bluff Drive and Canyon Drive. 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: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Improvements The Director of Public Services has recommended accept - for Tract 10496 ance of improvements for Tract 10496 which have been Yellow Brick completed by The Yellow Brick Road Building Company, Road Building Incorporated, 2082 Business Center Drive, Suite 155, Company Irvine, for property located at 2341 and 2343 Orange Avenue. 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: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland 1 1 Reimbursement A Reimbursement Agreement between the City and Gulton Agreement - Servonics Connector Division, 1644 Whittier Avenue, Gulton Costa Mesa, was presented. The agreement stipulates that the,City will reimburse Gulton approximately $4,000.00 for the construction of 190 lineal feet, six -feet wide, six inches thick, longitudinal concrete gutter to alleviate drainage runoff from Newhall Street onto subject property; and Gulton will pay the cost of the design engineering and surveying. On motion by Vice Mayor Schafer, seconded by Councilman Hall, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the follow- ing'roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall: NOES: Council Members: None ABSENT: Council Members: McFarland Reimbursement A Reimbursement Agreement between the City and Jacques, Agreement - Henriette, Danielle, and Michele D'.Arlin, 10799 Wilshire D'Arlin Boulevard, Los Angeles, was presented. The agreement designates specific costs to be incurred by the City and Tract 9787 the D'Arlins in connection with construction of a 42 - inch storm drain on property located at the southwest corner of Fairview Road and Fair Drive. On motion by Vice Mayor Schafer, seconded by Councilman Hall, the agreement was', approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the follow- ing roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Final Map for A Final Map was presented for Tract 10806, The Darrow Tract 10806 - Corporation, developer, 1733 South Douglass Road, Suite The Darrow No. 1, Anaheim; one lot, 0.36 -acre, located at 1527 Corporation Santa Ana Avenue, for condominium purposes. On motion by Vice Mayor Schafer, seconded by Councilman Hall, the map was approved; the Council did also accept,on behalf of the City of Costa Mesa the three-foot public utility easement as dedicated; did also approve said map pur- suant to the provisions of Section 66436(c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Final Map for A' Final Map was presented for Tract 108649 Donald Ward, Tract 10864 - developer, 116 Kings Place, Newport Beach; two lots, Ward 2.40 acres, located at 380 Wilson Street, for condomin- ium purposes. On motion by Vice Mayor Schafer, seconded by Councilman Hall, the map was approved; the'Council did accept on behalf of the public the dedication of Wilson Street for street purposes; did also accept on behalf of the City of Costa Mesa the vehicular access right to Wilson Street as released and relinquished; approved said map pursuant to the provisions of Section 66436(c)(1) of the Subdivision Map Act; and the Clerk was authorized to.sign on behalf of the City, by the following roll call vote: AYES:, Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Final Map for A Final Map was presented for Tract 10878, Gary E. Tract 10878 Malazian, developer, 120-F Tustin Avenue, Newport Malazian Beach; one lot, 0.23 -acre, located at 1814 Fullerton Avenue, for condominium purposes. On motion by Vice Mayor Schafer, seconded by Councilman Hall; the map was approved; the Council did accept on behalf of the pub- lic the dedication of Fullerton Avenue and the alley for street purposes; did also accept on behalf of the City of Costa Mesa the three-foot public utility easement as dedicated; and the Clerk was authorized to sign on be- half of the City, by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Final Map for Tract 10904 A Final Map was presented for Tract 10904James S. , Riley and John Case, developers, 1324 East Balboa Boule- Riley/Case vard., Newport Beach; one lot, 0.50 -acre, located at 2526 Elden Avenue, for condominium purposes. On motion by Vice Mayor Schafer, seconded by Councilman Hall, the map was approved; the Council did also approve subject map pursuant to the provisions of Section 66436(c)(1) of the Subdivision Map Act, and the Clerk was authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Design Review Procedure On motion by Vice Mayor Schafer, seconded by Councilman Hall, Resolution 80-11, being A RESOLUTION OF.THE CITY Resolution 80-11 COUNCIL OF THE CITY OF COSTA MESA, DELEGATING AUTHORITY TO REVIEW PLAN OR DESIGN OF PUBLIC IMPROVEMENTS, desig- nating to the City Manager or his designee the authority to review said improvements; was adopted by the follow-' ing roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Notice of Completion for The Director of Leisure Services has recommended accept - Improvements ance of the work in connection with Construction of a Restroom and Basketball/Handball Court at Shiffer Park in Shiffer Park by Hondo Company, Incorporated, 18392 East 17th Street, Santa Ana. On motion by Vice Mayor Schafer, seconded by Councilman Hall, the work was accepted; the Clerk was authorized to file a Notice of Completion; and the bonds were ordered exonerated: 35 days after the Notice of Com- pletion has been filed, -by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None. ABSENT: Council Members: McFarland Purchase of a The Housing and Community Development Committee has Van by HCDC requested Council authorization to purchase one van, not to exceed $20,000.00, to provide transportation for low income seniors, handicapped, or families, so that they can take advantage of available programs or resources as nutrition, social agencies, medical services, et cetera. The HCDC suggested that the City should not assume the responsibility for the direct operation of the service, but subcontract with an agency willing to assume respon- sibility to operate, maintain, and provide the service specified. Two proposals were received and after evalu- ation, the HCDC has recommended that the City contract with the Feedback Foundation, Incorporated, 124 North Sullivan Street, Suite E', Santa Ana. On motion by Vice Mayor Schafer, seconded by Councilman Hall, authoriza- tion was given to execute a secondary agreement with the Feedback Foundation under which the City agrees to purchase a van, which will be leased to Feedback to 1 1 provide transportation services satisfactory to the City staff., exceed $20;000.00. The motion roll call vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: on terms and conditions and in an amount not to carried by the following Schafer, Raciti, Hertzog; Hall None McFarland Request -for On motion by Vice Mayor Schafer, seconded by Councilman Loan from Hall, a request from the Costa Mesa Redevelopment Agency CMRA for a loan from the City, in the amount of $290,745.42, in order to transfer cash from the Tax Increment Fund to the Redevelopment Project Fund, was approved by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog; Hall NOES: Council Members: None ABSENT: Council Members: McFarland Bid Item 439 Bids received for Bid Item 439, Street Name Sign Faces, Street Name are on file in the Clerk,',s office. On motion by Vice Sign Faces Mayor Schafer, seconded by Councilman Hall, the contract was awarded to Safeway Sign Company, 1314 West 134th Awarded to Street, Gardena, in the amount of $6,968.00 plus tax, Safeway Sign being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Bid Item 441 Bids received for Bid Item 441, One Station Wagon, are One Station Wagon on file in the Clerk's office. On motion by Vice Mayor Schafer, seconded by Councilman Hall, the contract was Awarded to awarded to Theodore Robins Ford, 2060 Harbor Boulevard, Theodore Robins Costa Mesa, in the amount of $8,087.00, being the lowest Ford bid meeting specifications, by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Bid Item 443 Bids received for Bid Item 443, One Brake Lathe and One Brake Lathe Equipment, are on file in the Clerk's office.: On motion and Equipment by Vice Mayor Schafer, seconded by Councilman Hall, the contract was awarded to Bruce Wholesale Parts Company, Awarded to 631 North San Fernando Boulevard, Burbank, in the amount Bruce Wholesale of $4,698.85, being the lowest bid meeting specifica- Parts tions, by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Budget Budget Adjustment 80-32 was presented, in connection Adjustment 80-32 with the widening of Superior Avenue from 17th Street to Superior Avenue Industrial Way. The subject adjustment, in the amount Widening of $450,000.00 is necessary to increase an appropriation for the aforementioned project due to relocation and right-of-way costs in excess of those anticipated when the project was started. On motion by Vice Mayor Schafer, seconded by Councilman Hall, the budget adjustment was approved by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Prohibition Item 9 in the Consent Calendar; a recommendation from of Parking on the Traffic.Commission that parking be prohibited on Sunflower the southerly curb of Sunflower Avenue; between Bristol Avenue Street and Park Center Drive, since adequate off street facilities have been provided; and within a few years parking prohibition will be necessary to accommodate all lanes of traffic. During discussion it was pointed out by the -Director of Public Services that the Segerstroms will be making street improvements within a short period of time, that the Sakioka development will be commencing thereafter, and in view of this, it would be advantageous to traffic safety to prohibit parking as recommended. Councilman Raciti's opinion was that parking continue to be allowed at this time. Dave Salcido, 954 West 17th Street, Costa Mesa, spoke in opposition of posting no -parking signs in any other language but English. On motion by Councilman Hall, Resolution 80-9 seconded by Councilwoman Hertzog, Resolution 80-9, being A RESOLUTION OF -THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A POR- TION OF SUNFLOWER AVENUE, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hertzog, Hall End - NOES: Council Members: Raciti Consent Calendar ABSENT: Council Members: McFarland Bicycle Trails The Clerk presented a recommendation from the Traffic Committee Commission to appoint a Bicycle Trails Committee. A motion was made by Vice Mayor Schafer, seconded by Councilman Hall, to approve in concept the formation of such a committee, but to refer the matter back to the Traffic Commission to establish goals and objec- tives. Dave Salcido, 954 West 17th Street, Costa Mesa, urged Council to proceed with this project at once because of the need for additional bicycle trails in the City. Robert Graham, Costa Mesa Traffic Com- missioner, 2084 Goldeneye Place, Costa Mesa, stated that formation of a Bicycle Trails Committee was first presented to Council over a year ago and at that time it was delayed because of Master Plan changes that were in progress. Mr. Graham detailed the advantages of con- structing bicycle trails in certain areas of the City, and pointed out various potential routes which would be beneficial for both safety and enjoyment purposes. Councilwoman Hertzog suggested that Mr. Graham meet with the Planning staff in connection with the progress of the Master Plan, so that both projects could be coordinated. In response to Councilman Hall's inquiry, Mr. Graham stated that the Traffic Commission hoped to have citizens from various parts of the City serve on the Bicycle Trails Committee. The motion which was made and seconded earlier, carried unanimously. HCDC The Clerk presented a request to make new appointments Appointments to the Housing and Community Development Committee (HCDC) due to the recent resignations of Sally Velie and Frank Gonzales. The Committee has recommended that one of the following alternates be designated as a permanent member: Yvonne Bagstad, Chris Blank, Lynn Van Aken', and B. J. Wright. During discussion, the Council concurred that appointment of alternate member(s) be delayed until interested citizens submit applications in writing. On motion by Vice Mayor Schafer, seconded by Councilman Hall, and carried, Yvonne Bagstad was appointed as a permanent member of the Committee, her term to expire September 6, 1981; and Council designated March 1, 1980, as the deadline for receiving applications for alternate member(s) on the Committee. High Hopes The Clerk presented from the meeting of January 7, 1980, Neurological a request from High Hopes Neurological Recovery Group, Recovery Group Incorporated, 542 West 19th Street, Costa Mesa, for 1 1 1 ij $1,000.00 in Federal Revenue Sharing funds, to pay for those costs incurred by them for their use of the City's Downtown Community Center in.connection with efforts to rehabilitate head injured young adults. A motion was made by Vice Mayor Schafer, seconded by Councilwoman Hertzog, to approve the request as recommended by the Social Program Screening Committee. The motion carried by the following roll call vote: AYES: Council Members: Schafer, Raciti, "Work on Streets" The City Manager presented a proposed ordinance which would amend Title 15 of the Costa Mesa Municipal Code, updating Chapter II "Work on Streets" to reflect current City procedures, policies, and organizational structure. On motion by Vice Mayor Schafer, seconded by Councilman Ordinance 80-2 Hall, Ordinance 80-2, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, AMENDING TITLE 15 OF Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Agreement - The Clerk presented an agreement with the County of County of Orange Orange to provide licensing and regulation of ambulance and convalescent transport services within the City of Ambulance Costa Mesa. The City Manager reported that this was Services the implementation phase of Ordinance 79-30 adopted by Council on December 17, 1979. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Warrant On motion by Councilwoman Hertzog, seconded by Vice Resolution 1094 Mayor Schafer, Warrant Resolution 1094, including Pap - roll 8001, was approved by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Mobile Food The City Attorney presented a proposed ordinance regu- Vehicles lating mobile food vehicles which was requested by the County of Orange in order to provide uniformity of regulations throughout the County. Council had dis- cussed this item in detail at their Study Session. On motion by Vice.Mayor Schafer, seconded by Councilwoman Ordinance 80-1 Hertzog, Ordinance 80-1, being AN ORDINANCE OF THE CITY First Reading COUNCIL -OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING HEALTH AND SANITATION REGULATIONS CONCERNING MOBILE FOOD VEHICLES TO THE CODE THE SAME AS ORANGE COUNTY'S, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Arnel Case The City Attorney reported that the California Chapter Update of the American Planning Association will be submitting an amicus curiae brief in connection with the Arnel Case, and that it is his understanding that said brief will contain arguments similar to the Council's posi- tion which was against the use of the Initiative Power to rezone small geographical areas. The City Attorney further stated that the tentative time he has estimated for the Supreme Court to hear oral arguments is some time in April, 1980. "Work on Streets" The City Manager presented a proposed ordinance which would amend Title 15 of the Costa Mesa Municipal Code, updating Chapter II "Work on Streets" to reflect current City procedures, policies, and organizational structure. On motion by Vice Mayor Schafer, seconded by Councilman Ordinance 80-2 Hall, Ordinance 80-2, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, AMENDING TITLE 15 OF THE COSTA MESA MUNICIPAL CODE UPDATING CHAPTER II; WORK ON OR AFFECTING STREETS; was given first reading and passed .to second reading by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog; Hall NOES: Council Members: None ABSENT: Council Members: McFarland Public Hearing The Clerk announced that this was the time and place set Park Dedication/ for the public hearing to consider a proposed ordinance In Lieu Fees amending Title 13, Sections 407 and 493 of the Costa Mesa Municipal Code, to permit credit for privately developed, owned, and maintained open space in lieu of land dedication or payment of fees for park purposes. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director reported that the proposed ordinance has been drafted to require final decision by Council regarding acceptance of the private open space, but suggested that an alternative would be to permit the Planning Commission.to make the final decision for projects where the Planning Commission has authority for final approval. He further stated that the ordinance provides the following: excludes private park areas from open space calculations and these areas would be excluded from the net.site area when calculating the maximum site coverage; and permits the Council to grant density credit for the privately maintained open space if a specific finding is made. The Planning Commission recommended adoption of the ordinance and the last sentence of Sections 13-407 and 493 changed to define more precisely the design criteria. The suggested al- ternative wording from the Planning Commission is as follows: "Density credit may be granted for areas devoted to public use.if the City Council finds that the public use areas are readily accessible and visible to the general public, are integrated into the community by use of landscape materials and design features compati- ble with adjacent public and/or private open space, and finds that the project is characterized by distinc- tive design including site planning, architectural treatment, and landscaping, which exhibit a concern for all design principles and elements such as balance, scale, form, and texture". There being no speakers, Councilman Raciti closed the public hearing. On motion by Councilman Hall, seconded by Vice Mayor Schafer, the Council approved amendment of the last sentence of Sec- tions 13-407 and 13-493 as recommended by the Planning Commission; stipulated that the final decision to accept private open space would be made by Council; and Ordi- Ordinance 80-3 nance 80-3, being AN ORDINANCE OF THE CITY COUNCIL OF First Reading THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13, SECTIONS 407 AND 493 OF THE MUNICIPAL CODE TO PERMIT CREDIT FOR PRIVATELY DEVELOPED,, OWNED, AND MAINTAINED OPEN SPACE IN LIEU OF LAND DEDICATION OR PAYMENT OF FEES FOR PARK PURPOSES, was given first reading and passed to second reading -by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Public Hearing The Clerk announced that this was the time and place set Request to for the public hearing to consider a request from Auto Provide Towing Crash, Incorporated, doing business as Coast Towing Ser - Services from vice, 132 Industrial Way, Costa Mesa, for a Certificate Coast Towing of Public Convenience and Necessity to provide towing services in the City of Costa Mesa. The Affidavit of Publication is on file in the Clerk,',s office, and noti- fications of the public hearing were mailed to towing services of record within the City as required by law. Oral Attorney Jan Dudman, 611 Civic Center Drive, Suite 200, Communications Santa Ana, was present to speak concerning a claim he has filed against the City of Costa Mesa. Mr. Dudman Claim - represents Mary Hill Beaufford and James Hill, and the Beaufford/Hill claim which was filed on their behalf is in connection with the death of their son, Billy Rex Hill, which occurred on December 113, 1979, during a confrontation No communications have been received. The City Manager reported that the applicant has filed all proper docu= mentation and insurance as required by the City.'.s new Ordinance 79-22 regarding towing services. He explained that all companies wishing to provide these services within the City must.apply for a Certificate; and that emergency towing services are not being considered at this time. The City Manager also mentioned that Zone Exception ZE-77-243 for the subject property had expired but that an application for renewal has been received by the Planning Department. Jim Poteet, President of Coast Towing, was present to answer questions from the Coun- cil. There being no other speakers, Councilman Raciti closed the public hearing. On motion by Councilman Hall, seconded by Councilwoman Hertzog, the request was approved based on the findings that a public need and necessity exists, and that applicant has complied with all sections of Ordinance 79-22. The motion carried unanimously. Tow Service The Clerk presented proposed base rates for tow opera - Rates tions within the City of Costa Mesa as outlined in the memorandum dated January 9, 1980, from the Revenue Division. The Police Department approved said rates for the three emergency towing services now operating within the City. Dan Ashcraft of Mesa Tow Service re- quested clarification of rates, and the City Manager responded that the only rates are those outlined in the previously mentioned memorandum from Revenue, and only apply to tow services on private property. Jim Poteet, Coast Towing Service, stated that in comparison to the County, rates in Costa Mesa were lower. There being no other speakers, a motion was made by Councilman Hall, seconded by Councilwoman Hertzog, approving the rates as recommended by the Revenue Division. The motion carried by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Request for -Waiver The Clerk presented a request from Trudy Ohlig, Go- of Bond from Girl leader of Girl Scout Troop 1915, 3080 Johnson Avenue, Scout Troop 1915 Costa Mesa, for waiver of the $100.00 surety bond which is required by Municipal Code Section 9-192A, in connec- Denied tion with painting house numbers on curbs. Tracy Lomasney, 1099 Tulare Drive, Costa Mesa, President of Troop 1915, spoke in support of the request and stated that the girls would follow City standards in perform- ing the work. In response to Councilman Hall's inquiry, the City Manager reported that inspection would take --_approximately one day and exoneration of the $100.00 could be made in approximately 48 hours after that time. Councilman'Hall explained to the applicant that all organizations must comply with the requirements of the :Code. Trudy Ohlig was present and stated that she was given the information that a refund might take three or four months, but in view of the information that the refund could be obtained much sooner, posting of the bond could be accomplished. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the request for waiver of the bond was denied, and the staff was instructed to make every effort to verify the work and exonerate the deposit within two weeks. Oral Attorney Jan Dudman, 611 Civic Center Drive, Suite 200, Communications Santa Ana, was present to speak concerning a claim he has filed against the City of Costa Mesa. Mr. Dudman Claim - represents Mary Hill Beaufford and James Hill, and the Beaufford/Hill claim which was filed on their behalf is in connection with the death of their son, Billy Rex Hill, which occurred on December 113, 1979, during a confrontation .with a Costa Mesa police officer. Mr. Dudman elabor= ated on three recent shootings by Los Angeles Police Department officers and Los Angeles County Sheriff's Department officers, and the shooting of Mr. Hill. During his presentation, Mr. Dudman pointed out some areas of similarity in the incidents to which he refer- red, and made suggestions to remedy these types of confrontations. The City Attorney reported that in response to Mr. Dudman's previous request to be heard on this matter, he called Mr. Dudman, and confirmed by letter his objections to his coming before the Council in a public forum since he is, in fact, an adversary. The City Attorney further stated that he seriously questioned the propriety of Attorney Dudman's actions, appearing as a representative of the claimants, coming forth in a public meeting on behalf of his clients; also, objected to what he considered improper procedure and that this was not the proper forum. Therefore, the City Attorney advised Council to make no comments. Councilman Raciti thanked Mr. Dudman for his presenta- tion. Councilmanic Councilman Raciti reminded the Council that a Study Comments Session was scheduled for January 24, 1980, at 4:00 p.m., in the fifth floor Conference Room of City Study Session Hall. Pricing in Councilwoman Hertzog reported that she had visited one Food Markets of the City's food markets that uses the electronic price scanner, noting that elderly people were those most adversely affected by prices not being placed on individual items, and that shelves were improperly marked. Based on these observations, she requested that Council support the County position of requiring items to be individually marked, at least for a six-month period. County Census Councilwoman Hertzog also re?orted that she has been Committee asked to serve on the County s Complete Count Census Committee. Adjournment Councilman Raciti adjourned the meeting at 8:10 p.m. Mayor of the Cit of` osta`"esa ATTEST: City Clerk of the City of Costa Mes 1 1