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HomeMy WebLinkAbout04/07/1980 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 7, 1980 The City Council of the City of Costa Mesa, California, met in regular session -on April 7, 1980, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. At the request of the Mayor, Councilman Raciti called the meeting to order, followed by the Pledge of Allegiance to the Flag, and Invocation by Doctor Gary Barmore, Fairview Community Church. Roll Call Council Members Present: McFarland, Schafer, Raciti, Hertzog, Hall Council Members Absent: Officials Present: None City Manager, City Attorney, Assistant Planning Director, Director of Public Services, City Clerk Minutes On motion by Mayor McFarland, seconded by Councilwoman March 17, 1980 Hertzog, and carried, the minutes of the regular meeting of March 17, 1980, 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. Presentation James Kennedy, Southern California Edison Company, pre - of Energy sented an Energy Management Award plaque in recognition Management of the City's outstanding energy conservation, namely, Award an annual reduction of 2.8 million kilowatt hours. The plaque was accepted by Councilman Raciti. H. George Osborn Mayor McFarland announced that H. George Osborn, Dirctor Commended of the Orange County Environmental Management Agency, was retiring after 25 years of service with the County. On motion by Councilman Raciti, seconded by Mayor McFar- Resolution 80-35 land, Resolution 80-35, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMEND- ING H.'GEORGE OSBORN UPON THE OCCASION OF HIS RETIREMENT, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Proclamation - A Proclamation declaring the week of April 20-26, 1980, Volunteer as Volunteer Recognition Week, was presented by the Recognition Mayor to his wife, Pat McFarland, who accepted the Week document on behalf of the Voluntary Action Center, 1714 West Balboa Boulevard, Newport Beach. CONSENT CALENDAR. On motion by Councilman Hall, sec- onded by Councilwoman Hertzog, 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 Destruction On motion by Councilman Hall, seconded by Councilwoman of Records in Hertzog, Resolution 80-36, being A RESOLUTION OF THE Building Safety CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Division AUTHORIZING RECORDS DESTRUCTION FOR THE BUILDING SAFETY r DIVISION OF THE CITY OF COSTA MESA, PURSUANT TO ORDI= Resolution 80-36 NANCE 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: Attorney Albert Mercado on behalf of Joanne Carol Brody; Attorney Hayward P. LeCrone on behalf of Frank DeSimone; Attorney Ray Hendrickson on behalf of Richard and Barbara Redwood; Attorney Paul J. Nestor on behalf of Harvey Charles Forbes; Attorney Lafe S. Parkin on behalf of Ryan Tryk, Shirley Tryk, and Martin F. Tryk, Jr.; James B. Stine; and Betty G. Green. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi - Licenses sion from: Jim's Meat Shoppe, doing business at 2000 North Newport Boulevard; Frank Vitetta, do- ing business as Frank Italian Delicatessen, 1125 Victoria Street, Unit U; and Jae -Won Choi, doing business as Capt'n Mikes Fish Fry, 815 West 19th Street. Public Utilies The following notices have been received from the Commission Public Utilities Commission: Application No. 59499 from Southern California Edison Company, for authority to modify its energy cost adjustment billing factors in accord- ance with the energy cost adjustment clause as modified by Interim Decision No. 91277. Application No. 59508 and Advice Letter 1206 from Southern California Gas Company, to increase revenues to offset changed gas costs under its approved purchased gas adjustments in the price procedures, resulting from adjustments in the price of natural gas purchased from Transwestern Pipeline Company,,El Paso Natural Gas Company, Pacific Interstate Transmission Company, and Pacific Gas and Electric Company; and to adjust revenues under the supply adjustment mechanism to End - reflect greater -than anticipated collection of Reading Folder revenues due to increases in natural gas. Business Permits A request from West Coast Promotions, Post Office Box 321, Rancho Cucamonga, to hold a "Collectorama" show at West Coast the Orange County Fairgrounds on the following dates in Promotions 1980: April 12 and 13; June 7 and 8; August 16 and 17;. October 11 and 12; December 20 and 21, was approved sub- ject to conditions of the Revenue Division. Permits A request from the Exchange Club of Newport Harbor, Post Office Box.1022, Newport Beach, to use Lion's Park on Exchange Club April 26, 1980, 6:00 a.m. to 1:00 p.m., for a pancake breakfast, was approved subject to conditions of the Leisure Services Department. Lions Club A request from the Costa Mesa -Newport Harbor Lions Club, Fish Fry Incorporated, Post Office Box 628, Costa Mesa, to use Lions Park from June 3 to June 10, 1980, for their annual fish fry and carnival, was approved subject to conditions of the Leisure Services Department. 1 1 Set for•Public The following items were set for public hearing on April Hearing 21; 1980, in the Council Chambers of City Hall: R-80-04 Rezone Petition R-80-04, James H. Gregory, 250 Gregory West Wilson Street, Costa Mesa, for permission to rezone property located at that address from R1 to R2. Environmental Detrmination: Negative Declaration adopted for General Plan Amendment GP -80-1A. R-80-05 Rezone Petition R-80-05, Lampman Construction, Lampman authorized agent for property owners at 187, 189, 193, and 195 East 18th Street, and at 1797 Orange Avenue, for permission to rezone property located at those addresses from R2 to R4. Environmental Determination: Negative Declaration. Amendment Amendment to Specific Plan SP -79-01, to change to 8P-79-01 the designated width of Sterling Avenue, between 19th Street and Pomona School, from 30 feet to 23 feet. Environmental Determination: Negative Declaration adopted for SP -79-01. EIR for Environmental Impact Report for Interinsurance Automobile Exchange of the Automobile Club of Southern Cali - Club fornia, for proposed construction of a processing center containing approximately 373,000 square feet, with possible future additions for a total of approximately 743,000 square feet, on 29.5 acres of land bound by Fairview Road, Sunflower Avenue, South Coast Drive, and the Greenville/ Banning Flood Control Channel. Claims - Denied On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the claim of Ellen J. Beale-Eliel Beale-Eliel was denied. Boback On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, the claim of Carrie Boback was denied. Weed On motion by Councilman Hall, seconded by Councilwoman Abatement Hertzog, Resolution 80-37, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 80-37 DETERMINING AND DECLARING THAT RUBBISH AND WEEDS WHICH Hearing Set BEAR SEEDS OF DOWNY OR WINGY NATURE AND WEEDS WHICH ATTAIN SUCH A LARGE GROWTH AS TO BECOME A FIRE NUISANCE WHEN DRY, AND WEEDS WHICH ARE OTHERWISE NOXIOUS OR DANGEROUS ARE GROWING UPON CERTAIN STREETS, SIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY IN THE CITY OF COSTA MESA, AND THAT THE SAME ARE A PUBLIC NUISANCE; DIRECTING THE FIRE CHIEF OR HIS DESIGNEE TO POST NOTICES TO REMOVE SAID RUBBISH AND DESTROY SAID WEEDS AS REQUIRED BY LAW; FIXING THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS AND DIRECTING THE ABATEMENT THEREOF IN ACCORDANCE WITH DIVISION III OF ARTICLE 1 OF CHAPTER.III, COSTA MESA MUNICIPAL CODE, setting a public hearing on April 21, 1980, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None S`upplment No. 4 - Program Supplement No. 4, Agreement No. 07-5312, with Agreement 07-5312 the State of California, was presented. This document with the State would increase State funds for the central signal system for Signal System on Fairview Road, Placentia Avenue, and Bristol Street. On motion by Councilman Hall, seconded by Councilwoman Resolution 80-38 Hertzog, Resolution 80-38, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA oba FOR TRAFFIC SIGNAL COMPUTER SYSTEM (PLACENTIA AVENUE FROM 16TH STREET TO WILSON STREET; ON FAIRVIEW ROAD FROM WILSON STREET TO SUNFLOWER AVENUE; AND ON BRISTOL STREET FROM BEAR STREET TO SUNFLOWER AVENUE), was adopted by the following roll call vote: AYES: Council Members: McFarland; Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Prohibition The Traffic Commission has recommended prohibition of of Parking on parking on the southerly curb of Sunflower Avenue, from Sunflower Avenue Fairview Road to Fuchsia Street, to allow striping for two eastbound lanes. The recommendation is a result of recent construction of full width pavement in the vicinity of Fairview and Smalley Roads. On motion by Councilman Hall, seconded by Councilwoman Hertzog, Resolution 80-39 Resolution 80-39, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING_PARK- ING ON SUNFLOWER AVENUE, BETWEEN FAIRVIEW ROAD AND FUCHSIA STREET, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Prohibition The Traffic Commission has recommended prohibition of of parking on parking on the southerly curb of Sunflower Avenue, from Sunflower Avenue the Southern Pacific Railroad to Cadillac Avenue, to allow striping of the street for four lanes and a left - turn lane as intended by the Master Plan of Highways. On motion by Councilman Hall, seconded by Councilwoman Resolution 80-40 Hertzog, Resolution 80-40, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PRO- HIBITING PARKING ON SUNFLOWER AVENUE, FROM THE SOUTHERN PACIFIC RAILROAD TO CADILLAC AVENUE, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council.Members: None Prohibition The Traffic Commission has recommended prohibition of of parking on parking .on the northerly curb of Baker Street, from Baker Street Babb Street to the Corona del Mar Freeway, to allow street striping and to permit a dual eastbound left- turn at Bear Street. On motion by Councilman Hall, Resolution 80-41 seconded by Councilwoman Hertzog, Resolution 80-41, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON BAKER STREET, BETWEEN BABB STREET AND THE CORONA DEL MAR FREEWAY, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Prohibition The Traffic Commission has recommended prohibition of of parking on parking on the easterly curb of Babb Street 100 feet Babb Street north of Baker Street; in order to clear new traffic signal detectors at the intersection.' On motion by Councilman Hall, seconded by Councilwoman Hertzog, Resolution 80-42 Resolution 80-42, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARK- ING ON BABB STREET NORTH OF BAKER STREET, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None 1 1 6; G Yield Signs on The Traffic Commission has recommended installation of Darrel Street at Yield signs on Darrell Street at Monrovia Avenue; due Monrovia.Avenue to an unusual number of accidents at this location. On motion by Councilman Hall, seconded by Councilwoman Resolution 80-43 Hertzog, Resolution 80-43, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF YIELD SIGNS ON DARRELL STREET AT MONROVIA AVENUE, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Relocation of The Traffic Commission has recommended relocation of Bus Stops on various bus stops on Baker and Bristol Streets, to Baker and accommodate new construction of roadways, signals, and Bristol Streets condominiums'. On motion by Councilman Hall, seconded by Councilwoman Hertzog,,Resolution 80-44, being A Resolution 80-44 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELOCATING BUS STOPS ON BAKER STREET AND ON BRISTOL STREET, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Improvements The Director of Public Services has recommended that for Tract 9866 Council accept 85 percent of the improvements in Tract Properties West 9866 by Properties West, 508 - 29th Street, Newport Beach, for property located north of Salinas Avenue and west of Santa Clara Circle. The developer has submitted two new bonds, in the amounts of $40,000.00 each, to guarantee completion of the remaining 15 percent of the work. On motion by Councilman Hall, seconded by Coun- cilwoman Hertzog, 85 percent of the improvements were accepted; andthe two original bonds, in the amounts of $251,000.00 each, were ordered exonerated by the follow- ing roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Improvements The Director of'Public Services has recommended that for Tract 10171 Council accept the improvements in Tract 10171 by Nourse Nourse Development Company, 901 Dover Drive, Suite 110, Newport Beach, for property located at 2428 and 2430 Santa Ana Avenue. On motion by Councilman Hall, seconded by Councilwoman Hertzog, the work was accepted, and cash deposits totaling $5,350.00 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 Improvements The Director of Public Services has recommended that for Tract 10513 Council accept improvements in Tract 10513 by Foley Foley Construction, 2101 East Fourth Street, Suit 100, Santa Ana, for property located at the northwest corner of Yukon Avenue and Bear Street. On motion by Councilman Hall, seconded by Councilwoman Hertzog, the work was accepted, and a Monument Bond in the amount of $2;500.00 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 36, Agreement - An agreement between the City and the Orange County County of Orange Transportation Commission; for the South Coast Plaza Area Transportation Study, was presented. The agreement South Coast Plaza outlines the scope of the study and commits the City to Transportation its one -quarter -share of the funding; not to exceed Study $15,000.00. On motion by Councilman Hall, 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: McFarland, Schafer, Raciti, Hertzog, Hall NOES:. Council:Members: None ABSENT: Council Members: None City Hall Bids received for Remodeling of City Hall are on.file in Remodeling the Clerk's office.. On motion by Councilman Hall,.sec- onded by Councilwoman Hertzog, the contract was awarded Awarded to to Miles and Kelley Construction.Company, Incorporated, Miles and Kelley 1292 Cameo Drive, Tustin, in the amount of $251,200.00, Construction being the lowest bid meeting specifications, by the fol- lowing roll call.vote: . AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Conference On motion by Councilman Hall, seconded by Councilwoman Advance Hertzog, a Conference Advance for a Police Captain to attend the California Peace Officers Association Annual Conference in San Diego, May 18 through 21, 1980, - was . approved in the amount of $290.00, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreement- An agreement between the City and the Mesa Consolidated Water District Water District, for installation of improved water ser- vice in the Wallace Neighborhood Strategy Area, was Wallace NSA presented. The subject property, also known as Specific Water Service Plan SP -79-01 Area, is bound by Placentia Avenue, 19th Street, Hamilton Street, and Pomona Avenue. The City has obtained federal funding for the redevelopment project, and $475,000.00 of these funds have been desig- nated for the upgrading of the water system -to meet fire protection demands. On motion by Councilman Hall, sec- onded by Councilwoman Hertzog, the agreement was approved; the Mayor and Clerk were authorized to sign all appropriate documents on behalf of the City; and authorization was given for the cost of the project to be charged to the City's federal Housing and Community Development Act funds, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Architectural On motion by Councilman Hall, seconded by Councilwoman Services for Hertzog, authorization was given to hire the firm of Paularino Park Land Architecture, 615 Goldenrod Avenue, Corona del Mar, to provide plans and specifications for the Paularino Award to Land Park remodeling, in an amount not to exceed $7,600.00, Architecture 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 Appointments to The Clerk presented from the meeting of March 3, 1980, HCDC Committee recommendations for appointments to the Housing and 1 1 1 Community Development Committee (HCDC). On motion by Councilwoman Hertzog, seconded by Vice Mayor Schafer; and carried, Arthur Pierce and Jerre Vandewalle were appointed alternate members of the Committee for two- year terms; and Boyd McCullough was reappointed for an additional two-year term. Councilwoman Hertzog also requested that the applications of Gordon Ashby and Sylvia Schweitzer be retained for future consideration. Waiver of The Clerk presented from the meeting of March 17, 1980, Performance Bond a request from 32nd District Agricultural Association, for.Fairgrounds 88 Fair Drive, Costa Mesa, for waiver of a Performance Bond in connection with Phase II -a construction at the Orange County Fairgrounds. The specific improvements include traffic signal modifications at Vanguard Way and Fair Drive, as well as at Vanguard Way and Arlington Drive; construction of a right turn pocket at the south- east corner of Fairview Road and Merrimac Way; street and parkway improvements on Arlington Drive between Fairview Road and Vanguard Way; and miscellaneous drive approach improvements.' Staff has recommended that as an alternative, the City be named as a co-insured on both the Labor and Material Bond and the Performance Bond to be provided by the Fairground's contractor. On motion by Councilman Hall, seconded by Vice Mayor Schafer, the alternative coverage recommended by staff 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 Mayor McFarland, seconded by Councilwoman Resolution 1101 Hertzog, Warrant Resolution 1101 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 Councilwoman Hertzog, seconded by Mayor Resolution 1102 McFarland, Warrant Resolution 1102, including Payrolls 8006 and 8007, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None G and W Towing The Acting City Attorney reported that the proper Insurance insurance certificate has not been received from G and W Towing, Incorporated, 740-B Ohms Way, Costa Mesa, but Referred to that he has been working with their insurance carrier to City -Attorney resolve the matter. Since conditional approval has already been authorized by Council, this item was re- ferred to the City Attorney for handling. Tillner The Acting City Attorney presented a proposed settlement 'Settlement agreement in connection with the case of Tillher versus Agreement City of Costa Mesa. On motion by Councilman Hall, sec- onded by Mayor McFarland,,the agreement was approved, and the Mayor and Clerk were authorized to execute said .document 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 The City Manager presented an agreement, which is an ex - Extension - tension of a previous agreement approved in 1979, for Hamilton' William Hamilton and Associates, 4050 West Metropolitan O 9 LJ Drive, Orange; to.provide personnel consultant services. Personnel The agreement stipulates an'extension from April 1, 1980; Consultant to June 30, 1981,,to be automatically renewed for a Services period of one year unless either party gives 30 days notice,to terminate or amend immediately prior to July 1 of subsequent years; and'provides for a fee increase of approximately 9.2 percent:. On motion by Councilman Hall, seconded by Councilwoman Hertzog; the agreement was approved, and the City Manager was 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 Property The City Manager recommended acquisition of'three par- Acquis,itions cels of land.located within the Wallace Neighborhood for HCDA Housing Strategy Area (NSA),, for the Housing and Community Project in Development Act (HCDA) housing project, with payment to Wallace NSA be made from HCDA funds. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, authoriza- tion was given t6 purchase property located at 769 West Druitt Property 20th Street, Assessor Parcel Number 115-344-58, from Mary I. Druitt and William Druitt, in the amount of $126,000.00, with escrow to close as soon as possible but no.later than 60 days from date of approval. The motion carried by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Voorhies Property On motion,by Councilwoman Hertzog, seconded by Mayor McFarland, authorization -was given to purchase property located'at 1924 North Wallace Avenue, Assessor Parcel Number 115-346=31; from Chauncey W. Voorhies, in the amount of $180,000.00, with escrow to close as soon as possible. The motion carried by the following roll call vote: AYES: Council Members: McFarland, Schafer,. Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Hauser Property On motion by Vice Mayor Schafer, seconded by Council- woman Hertzog, authorization was given to purchase proPerty located at 2014-1,/2 Sterling Avenue, Assessor Parcel Number 115-345-58, from John W. Hauser, in the amount of $57,750.00, with escrow to close within 60 days 'following Council approval. The motion carried by the following 'roll, call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: 'Council Members: None ABSENT: Council Members: None Public Hearing The Clerk presented from the meeting of March 17, 19803 Mesa Tow Service a request from Mesa Tow Service, Incorporated, 2970 Grace Lane, Costa Mesa,'for'a Certificte of Public Con - Held Over venience and Necessity to provide towing services in the City of Costa Mesa. Metter has been received from Cynthia Garrett, attorney for the applicant, requesting that this item be continued to the next Council meeting. Dan Ashcraft of Mesa.Tow Service was present and asked that Council give conditional approval of the request until their certified audit was complete. After dis- cussion concerning Mr. Ashcraft'.s request and the insurance requirements,�a motion was made by Mayor McFarland, seconded by Councilwoman Hertzog, and car- ried, to continue this item to the meeting of April 21, 1980, as requested by the applicant',s attorney. LJ Public Hearing The Clerk presented from the meeting of February 4; Vista Towing 1980,:a request from Vista Towing, 801 West 19th Street, Costa Mesa, for a Certificate of Public Convenience and Denied Necessity -to provide towing services in the'City of Costa Mesa. The applicant was not present. There being no speakers, Councilman Raciti closed the public hear- ing. On motion by Councilman Hall; seconded by Council- woman Hertzog,-and carried, the request was denied. Public Hearing John Wayne/Orange The Clerk presented from the meeting of March 17, 1980, review of plans for acquisition by the County of Orange County Airport of three parcels of land located within the City of Expansion Costa Mesa, for expansion of the John Wayne/Orange County Airport, as required by Public Utilities Code Section 21661.6. Communications have been received from the following: Ralph B. Clark, Chairman of the Orange County Board of Supervisors, assuring the Council that the County fully intends to regulate the jet noise impact at the airport; Orange County Pilots Association, 3849 Brich Street, Newport Beach, expressing support of the airport expansion; and Paul D. Ketchum; President, Koboway, Incorporated, 3197-C Airport Loop Drive, Costa Mesa, opposing County acquisition of this company's property located at 380 Clinton Street, Site No. 2. Raul Regalado, Manager of the airport, was present to respond to questions from the Council, and during dis- cussion, Councilman Hall suggested that the property at 380 Clinton Street be deleted from the project. The following persons spoke in opposition to the expansion: Carol and James Westling, 274 -Sherwood Street, Costa Mesa; Gerald Odegaard, 1632 Pegasus Street; Santa Ana; Councilman Donald Strauss, City of Newport Beach; Erma Batham, 20451 Upper Bay Drive, Santa Ana Heights; Dale Kellogg, 28 Balboa Coves,'Newport Beach, owner of Site No. 1, property being considered for inclusion in the expansion; and Gary O'Brien, 341 East 21st Street, Costa Mesa. Lori Kirkpatrick, 2233 Santa Ana Avenue, Costa Mesa, submittedpetition containing 28 signatures, .a opposing the expansion especially if jet noise would be increased. The following people spoke in support of the project: Don Downey, 19138 Mauna Loa Avenue, Glen- dora, Regional Representative for the Aircraft Owners and Pilots Association; James Evans, President of the Orange County -Pilots Association; Carol Nielsen, 2610 South Lowell Street, Santa'Ana; Richard C. Higgins, 2917 Redwood Avenue, Costa Mesa; Eleanor Todd, Newport Beach; Robert Wilson, 3435 Plumeria Place, Costa Mesa; and Jack Hammett, 809.Presidio Drive, Costa Mesa. Peter Gruenbeck, 2761 San Carlos Lane, Costa Mesa; spoke in favor of private and commercial planes using separate airports. There being no other speakers, Councilman Raciti closed the public hearing. During Council dis- cussion, Councilman Raciti expressed his opposition to the airportexpansion. In response to Councilman Hall's inquiry in regard to the Federal Aviation Admin- ist-ration's (FAA) recent notice that the County must allow other commercial carriers to operate at the air- port. Mr. Regalado stated that at this time it would be mere speculation to determine if the FAA could pre- empt State and County regulations. Councilman Hall made a motion, seconded by Vice Mayor Schafer, to adopt - Resolution 80-45 Resolution 80-45; being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, INDICATING APPROVAL OF PLANS FOR EXPANSION OF JOHN WAYNE AIRPORT; eliminating Site No. 2, located at 380 Clinton Street; and modifying the subject Resolution by deleting the word "conceptual" in all instances. The motion carried by the following roll call vote: AYES: Council Members: McFarland, Schafer, Hertzog, Hall NOES: Council Members: Raciti ABSENT: Council Members: None Recess Councilman Raciti declared a recess at 8:35 p.m., and the meeting reconvened at 8:50 p.m. Public Hearing The Clerk announced that this was the time and place set Appeal of for the public hearing,to consider the appeal of Zone ZE-80-23 Exception ZE-80-23, from Allan Sherman; authorized agent Sherman/Village for Eleanor J. Schwartz and Sally Glenn, 13935 Riverside Patio.Shops Drive, Sherman Oaks, for a variance from provisions of the Sign Ordinance at the Village Patio Shops, 1706 Trailed Newport Boulevard, in a C2 zone. Environmental Deter- mination: Exempt. The Affidavits of Publishing and Mailing are on file in the Clerk's office. No communi- cations have been received. Since the applicant was not present at this time; Councilman Raciti trailed the item until later in the meeting. Public Hearing The Clerk announced that this was the time and place set EIR for Harbor for the public hearing to.consider the Environmental Gateway Impact Report (EIR) for Harbor Gateway, a proposed. 78.02 -acre industrial/office planned development to be located west of Harbor -Boulevard, between Sunflower Avenue and MacArthur Boulevard, for the Newport Develop- ment Company, authorized agent for C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa. The Affidavit of Publication is on file in the Clerk,'s office. No com- munications have been received-. The Planning Division's Environmental Evaluator referred to the impacts and mitigations of the EIR, which are summarized in his memorandum of February 27, 1980, specifically reporting on the following impacts: water, traffic, acoustical, and energy. Raymond Watson, Newport Development Com- pany, was present to answer questions from the Council. There being no other speakers, Councilman Raciti closed the public hearing. On motion by Councilman Hall, seconded by Vice Mayor Schafer, the Environmental Impact - Report.was accepted as accurate and adequate, including the addendum, and comments and responses received during the public review period which were enclosed with the Planning Division's memorandum of March 27, 1980. Public Hearing The Clerk announced that this was the time and place set R-80-02 for the public hearing for Rezone Petition R-80-02, New - Newport Develop- port -Development Company, authorized agent for C. J. ment/Segerstrom Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, for permission to rezone property located in the general Harbor Gateway area west of Harbor Boulevard, north of Sunflower Ave- nue, and south of MacArthur Boulevard, from Industrial Park to Planned Development Industrial. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. In connection with the subject rezone, the Clerk also presented Zone Excep- ZE-80-26 tion ZE-80-26, for a Final Development Plan for a planned -industrial -development., containing 1,138,852 square feet, on 78.02 acres; and for a Conditional Use Permit for industrial condominiums with variances from parking standards and setback. The Planning staff and Planning Commission have recommended approval of the rezone. The Assistant ,Planning Director, referencing the Zone Exception, stated that on the list of permitted uses -included in the Staff Report of February 25, 1980, staff has recommended that Item (r), "Other retail uses that would be ancillary and supportive to office uses" be handled as Conditional Use Permits. He further ,reported on the variances being requested by the appli- cant. The first variance proposes that approximately 25 percent of the parking spaces be for compact car parking, with measurements of 7-1/2 feet by 15 feet, and a 24 -foot driving aisle. As to the setback variances, the Assistant Planning Director advised that the PDI Zone requires a 25 -foot landscaped setback adjacent to all ppblic rights-of-way. The proposed development Public Hearing The Clerk announced that this was the time and place set Guidelines for for the public hearing to consider a General Plan Imple- Fire Station mentation Guidelineiregarding the need for, and location GP -78-3A, Revised of a fire station within the area designated as General Royale/Sakioka Plan Amendment GP -78-3A, Revised, Royale Development Company, Incorporated, authorized agent for Sakioka Farms, Incorporated, 14850 Sunflower Avenue, Santa Ana, complies with this requirement except at two locations. Because of design, two corners'of the Gateway Buildings encroach to within 10 feet of Scenic Avenue. The staff and Planning Commission found that due to the offset of the building, the impact was mitigated. The other loca- tion where a variance is requested is along Streets "A" and "B". A 10 -foot setback is proposed which includes a bumper overhang of 2-1/2 feet. The Planning staff recommended denial, and the Planning Commission recom- mended approval. In regard to the Conditional Use Permit for industrial condominiums, the Assistant Plan- ning Director advised that this is an acceptable land use within the Planned Industrial Zone, and the uses will be limited to permitted industrial uses allowed within the Industrial Park Zone. He also reported on the following changes recommended by the Planning Com- mission at their meeting of February 25, 1980. Delete Finding E - There are no specific hardships which relate to the subject property to justify the requested variance from required landscape setback along Streets "A" and B" as indicated on submitted plans. Amend Finding G to read, "Proposed number of compact parking stalls and proposed dimensions are mitigated by pro- posed control measures, and the project has provided sufficient space to park standard cars." Condition 7 was amended as follows, "A detailed parking plan for each building site shall be approved by the Planning Division prior to issuance of building permits. This plan shall include proposed control measures for compact car parking." Condition 10 was amended to read, "Appli- cant shall submit an analysis prepared by a licensed acoustical engineer, certifying that noise will be reduced to acceptable levels within the theme building Conditions 12 and 13 were deleted. Condition 31 was added and reads as follows, "Setbacks on Streets 'A' and 'B' shall maintain a width of 10 feet'. The setback on Harbor Boulevard shall be increased to 35 feet except that setbacks for the bus stop and turn lane shall be 25 feet." Condition 32 was added and reads as'follows, "Developer shall participate in the CENTROCCS Phase II Program if the boundaries of the study area are expanded to include subject property." Raymond Watson, Newport Development Company, gave a slide presentation of the proposed project and agreed to all conditions. There being no other speakers, Councilman Raciti closed the public hearing. On motion by Councilman Hall, seconded Ordinance 80-9 by Mayor McFarland, Ordinance 80-9, being AN ORDINANCE First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA,'CHANGING THE ZONING OF PARCELS ONE,'THREE, AND FOUR AS SHOWN ON PARCEL MAP S-78-21, FROM INDUSTRIAL PARK TO PLANNED DEVELOPMENT INDUSTRIAL, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None ZE-80-26 On motion by Councilman Hall, seconded by Vice Mayor Approved Schafer, and carried, Zone Exception ZE-80-26 was approved, based on the analysis, amended findings, and amended conditions outlined in the aforementioned Staff Report and recommended by the Planning Commission. Public Hearing The Clerk announced that this was the time and place set Guidelines for for the public hearing to consider a General Plan Imple- Fire Station mentation Guidelineiregarding the need for, and location GP -78-3A, Revised of a fire station within the area designated as General Royale/Sakioka Plan Amendment GP -78-3A, Revised, Royale Development Company, Incorporated, authorized agent for Sakioka Farms, Incorporated, 14850 Sunflower Avenue, Santa Ana, for property located south of Sunflower Avenue, west of Main Street, north of the San Diego Freeway, and approxi- mately 1,300 feet east of Bristol Street. Environmental Determination: Environmental Impact Report accepted for GP-78-3A, Revised. The Affidavits of Publishing and Mailing are on file in the Clerk's office. `No communi-. cations have been received. For the purpose of review, the Assistant Planning Director reported that on Novem- ber 19, 1979, the Council accepted the Final Environ- mental Impact Report, approved General Plan Amendment GP-78-3A, Revised, and adopted all General Plan.Imple= mentation Guidelines with the exception of the subject item relating to the need for an additional fire station in the proposed development, requesting that further study be done by staff.- The Planning' Commission recom- mended that the City accept the applicant's offer to dedicate 30,000 square feet for the station site, the - exact site and method of dedication to be determined by the Fire Department, Planning Division, and City Attor- ney's office; and that other developers in the same general area of the City share in the costs of providing the fire station. Referring to the Staff Report pre- pared by the Fire Department and Planning Division, the Assistant Planning Director stated that it contains the following recommendations: (1) Dedication of 30,000 square feet for:a fire station site at the northeast corner of Anton Boulevard and Sakioka'Way be required as a condition of approval for the Phase II residential component of the Royale/Sakioka development project; (2) Construction of the fire station be scheduled in conjunction with the Phase II residential component of the project; and (3) the Council commit to the estab- lishment of a cost-sharing program to fund the construc- tion of the fire station. He further advised that staff wishes to modify their recommendations as follows: (1) Require dedication of 30,000 square feet for a fire station site at a location acceptable to the Fire Chief as a condition of approval for the Phase II residential component of the Royale/Sakioka development project; and to delay a decision•on recommendations (2) and (3) until staff can make a further analysis. The City Manager recommended that cost-sharing be studied further before any decisions are made. Joe Jaconi, Royale Development Company, 21515 Hawthorne Boulevard, Suite 630, Torrance, requested that the City consider the following items: the possibility of upgrading the City of Santa Ana Fire Station No. 6 to serve the subject property; new fire station not be located in the resi- dential area; in studying the cost-sharing, include the value of the land, and that the developers and land- owners who would benefit from the station share the costs; that he be -allowed to work with the Fire Depart- ment in the design of the fire station so it would be compatible with the development; that the land dedica- tion be effective only as long as the property is used fora fire station. Mr. Jaconi also asked about the necessity of a dedication as large as'30,000 square feet. The City Manager responded that the turning radius needed for,fire rigs necessitated an area of this size. There being no other speakers, Councilman Raciti closed the public hearing. A motion was made by Councilman Hall, seconded by Vice Mayor Schafer, and carried, accepting Recommendation (1)'-modified as fol- lows: "Require dedication of a maximum of 30,000 square feet for the fire station at a location acceptable to the Fire Chief, as a condition of approval for the Phase II residential component of the"Royale/Sakioka development project"; and no action be taken at this time on Recommendations (2) and (3). After brief dis- cussion, Councilman Hall amended his motion concerning Recommendation (1) from "acceptable to the Fire Chief", 1 Public Hearing Storage Warehouses Held. Over Mayor McFarland Leaves Landscaping Assessment District No. 1 Resolution 80-46 1 to "mutually acceptable to the Fire Chief and Royale Development Company". The amended motion was seconded 'by Vice Mayor Schafer, and carried. The Clerk announced that this was the time and place set for the public hearing for a proposed ordinance amending Title.13 of the Costa.Mesa Municipal Code to regulate the development and use of storage warehouse facilities. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The following it on the Agenda was also presented because it relates to thi.s subject, being an urgency ordinance extending the effect of Ordinance 79=23, prohibiting the processing of applications for public mini -storage uses within the City of Costa Mesa. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and'carried, the proposed ordinance amending Title 13 of the Municipal Code, was continued to the meeting of April 21, 1980. The Mayor left the Council Chambers and did'not vote on the next motion., On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, Mayor McFarland absent, the urgency ordinance concerning a moratorium for 'mini -storage uses, was continued to the meeting of April 21, 1980. On motion by Vice Mayor Schafer, seconded by Council- woman Hertzog, Resolution 80-46, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTAAESA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE RENEWAL OF CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 1, located in the general area of Sunflower Avenue and Smalley Road, was adopted by the following roll call vote: AYES: Council,Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland On_motion by Vice Mayor Schafer, seconded by Council- woman Hertzog, Resolution 80-47, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,'CALIFORNIA, INITIATING PROCEEDINGS FOR THE RENEWAL OF CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 2,'located in the general area of Bear Street and Yukon Avenue, was adopted by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Mayor McFarland returned to the Council table at this time. ZE-80-29 The Clerk presented Zone Exception ZE-80-29, Redevelop - RA -80-02 ment Action RA -80-02, L. E. Harris, authorized agent Harris/Hughes for John A. Hughes, Post Office Box 85, Costa Mesa, for a variance for reduction in parking to conduct a dance studio at 1806 Harbor Boulevard, in a C2 zone. Environ- mental Determination: Exempt. The Planning Commission recommended approval of ZE-80-29 subject to conditions. The Redevelopment Agency approved RA -80-02 subject to conditions, but deleted Condition No.'2, "days of opera- tion shall not exceed two days per week". Due to con- flict in the Commission and Agency decisions, Council action is necessary to remove Condition No."2 from the Zone Exception and resolve the conflict. The applicant has requested that Condition No. 1 be amended as fol- lows: "Class size shall be limited to a maximum of five students between 2:30 p.m. and 5:00 p.m. A maximum of six students shall be permitted after 5:00 p.m." On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, Condition No. 2 was deleted from ZE-80-29, and Condition No. 1 was amended as requested by the applicant. Landscaping_ -Assessment District No: --2 Resolution 80 -47'. - Mayor Returns 1 to "mutually acceptable to the Fire Chief and Royale Development Company". The amended motion was seconded 'by Vice Mayor Schafer, and carried. The Clerk announced that this was the time and place set for the public hearing for a proposed ordinance amending Title.13 of the Costa.Mesa Municipal Code to regulate the development and use of storage warehouse facilities. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The following it on the Agenda was also presented because it relates to thi.s subject, being an urgency ordinance extending the effect of Ordinance 79=23, prohibiting the processing of applications for public mini -storage uses within the City of Costa Mesa. On motion by Councilman Hall, seconded by Councilwoman Hertzog, and'carried, the proposed ordinance amending Title 13 of the Municipal Code, was continued to the meeting of April 21, 1980. The Mayor left the Council Chambers and did'not vote on the next motion., On motion by Councilman Hall, seconded by Councilwoman Hertzog, and carried, Mayor McFarland absent, the urgency ordinance concerning a moratorium for 'mini -storage uses, was continued to the meeting of April 21, 1980. On motion by Vice Mayor Schafer, seconded by Council- woman Hertzog, Resolution 80-46, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTAAESA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE RENEWAL OF CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 1, located in the general area of Sunflower Avenue and Smalley Road, was adopted by the following roll call vote: AYES: Council,Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland On_motion by Vice Mayor Schafer, seconded by Council- woman Hertzog, Resolution 80-47, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,'CALIFORNIA, INITIATING PROCEEDINGS FOR THE RENEWAL OF CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 2,'located in the general area of Bear Street and Yukon Avenue, was adopted by the following roll call vote: AYES: Council Members: Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: McFarland Mayor McFarland returned to the Council table at this time. ZE-80-29 The Clerk presented Zone Exception ZE-80-29, Redevelop - RA -80-02 ment Action RA -80-02, L. E. Harris, authorized agent Harris/Hughes for John A. Hughes, Post Office Box 85, Costa Mesa, for a variance for reduction in parking to conduct a dance studio at 1806 Harbor Boulevard, in a C2 zone. Environ- mental Determination: Exempt. The Planning Commission recommended approval of ZE-80-29 subject to conditions. The Redevelopment Agency approved RA -80-02 subject to conditions, but deleted Condition No.'2, "days of opera- tion shall not exceed two days per week". Due to con- flict in the Commission and Agency decisions, Council action is necessary to remove Condition No."2 from the Zone Exception and resolve the conflict. The applicant has requested that Condition No. 1 be amended as fol- lows: "Class size shall be limited to a maximum of five students between 2:30 p.m. and 5:00 p.m. A maximum of six students shall be permitted after 5:00 p.m." On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, Condition No. 2 was deleted from ZE-80-29, and Condition No. 1 was amended as requested by the applicant. 3 f_f = ea Public Hearing The Clerk presented'from earlier in the meeting; an Appeal of appeal of the Planning Commission'.s decision for Zone ZE-80-23 Exception ZE-80-23, from Allan Sherman, for a variance Sherman/Village from provisions of the Sign Ordinance for property Patio Shops located at 1706 Newport Boulevard. The applicant was not present. Mayor McFarland made a motion to continue Denied this item to the'meeting of April 21, 1980. The motion died for lack of a second. There -being no speakers; Councilman Raciti closed the public hearing. On motion by Mayor -McFarland, seconded by Vice Mayor Schafer, and carried, variance from the Sign .Ordinance was denied as recommended by the Planning Commission, and'the illegal sign is to be removed within 90 days.; Councilmanic Councilman Hall referred to a memorandum from the Plan - Comments ning staff, dated April 3; 1980, which advised that the Planning Commission has requested the Council to study Automobile the landscaping requirements for automobile dealerships. Dealership The purpose of the study would be to determine whether Landscaping the dealership should be required to provide the same Requirements amount of landscaping as other commercial businesses. Councilman Hall requested that this be brought back at a later date. Councilman Raciti Council=Members McFarland, -Schafer, Hertzog, and Hall Commended extended best wishes'to Councilman Raciti, who will be retiring from the Council on April 15; 1980, and ex- pressed appreciate for hi`s dedicated service to the City. Adjournment At'10:25 p.m.', Councilman Raciti adjourned the meeting to April 15, 1980, at 7:30 p.m., in the Council Chambers of City Hall. Mayor of the C ofCosta esa ATTEST: C ty Clerk of the City of Costa esa 1