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HomeMy WebLinkAbout06/02/1980 - City CouncilRoll Cal l Ordinances REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 2, 1980 The City Council of the City of Costa Mesa, California, met in regular session on June 2, 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 the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Robert J. Rohdenburg, Mesa Verde United Methodist Church. Council Members Present: Schafer, Hall, Hertzog, McFarland, Johnson Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, to read all ordi- nances by title only. Minutes On motion by Vice Mayor Hall, seconded by Councilwoman May 19, 1980 Hertzog, and carried, the minutes of the regular meeting of May 19,-1980, were approved as distributed and posted as there were no corrections. CONSENT CALENDAR. The following item was -removed from the Agenda and no action was taken: Item 10 (a), Award of contract for right turn lane on Harbor Boulevard, northbound, on Fair Drive. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members:. None ABSENT: Council Members: None Reading Folder The following Reading Folder items were received and processed: Claim The following claim was received by the City Clerk and no action was required: Vicki Rose Sacre. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by the Planning Licenses Division: James S. Garofalo, doing business as Papagino's, 88 Fair Drive; Vince and Bina Crivel- lo, doing business as Massimos Pizza, 369 East 17th Street; and Christina W. and Mir Mozafared- din Yekrangi, doing business as Shish Kabob, 2350 "B" Newport Boulevard. Public Notice before the Public Utilities Commission Utilities concerning the following matter: Application No. Commission 59438 from Richard A. Gregory, doing business as Sunset Coast Bus Lines, for authority to operate as a passenger stage corporation in a home-to- End- work service between points in Orange County and Reading Folder the Garrett AiResearch Facility in Torrance. Business Permits A request from Harry Oxley, Inter -Shows, Incorporated; Post Office Box 3334; San Clemente, to hold three mini - Inter -Shows swap meets, in conjunction with the weekly motorcyle races at the Orange County Fairgrounds; on June 27, August 1; and September 12; 1980; was approved subject to one condition of the Revenue Division. Angulo, Morris A request from Angulo, Morris and Associates; 300 Orange and Associates Avenue, Suite 223; Cypress; to conduct a rodeo at the Orange County Fairgrounds on June 21 and 22, 1980; for the benefit of the State of California Division of Forestry, was approved subject to one condition of the Revenue Division. Agreements - Soils The Director of Public Services has recommended approval and Materials of three proposed agreements with the following firms: Testing H. V. Lawmaster, Incorporated, 7940 Main Street, Stanton; Smith -Emery Company, 3148 East La Palma Avenue, Anaheim; and Southern California Soil and Testing, Incorporated, 17811 Sky Park Circle, Irvine. The agree- ments are for soils and materials testing services in support of City construction project technical investi- gations and quality control. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, the agreements were approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None S-76-18 Improvements for Parcel Map S-76-18, located at the Diversified northeast corner of Bristol Street and Red Hill Avenue, Associates have been completed by Diversified Associates, 1000 Quail Street, Suite 190, Newport Beach, to the satisfac- tion of the City Engineer. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council -Members: None ABSENT: Council Members: None Tract 10598 Improvements for Tract 10598, located at 416 and 420 Balalis and Victoria Street, have been completed by Balalis and Pigneri Pigneri Development Corporation, 3471 Via Lido, Suite 211, Newport Beach, to the satisfaction of the City Engineer. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Final Map for A Final Map was presented for Tract 11067, C.A.S. Tract 11067 Development Corporation, 1926 Suva Circle, Costa Mesa; C.A.S. Devel- one lot, 0.17 -acre, located at 2004 Meyer Place, for opment condominium purposes. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, the map was approved; the Council did accept on behalf of the City of Costa Mesa the easement for emergency and public security ingress and egress and public utility purposes over Lot 1; did also approve subject map pursuant to the provi- sions 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: C: 0 AYES: Council Members: NOES: Council Members: ABSENT: Council Members: Schafer; Hall; Hertzog; McFarland; Johnson None None Conference On motion by Vice Mayor Hall, seconded by Councilwoman Advance Hertzog, a Conference Advance in the amount of $450.00, Fire Stations for a police officer to attend Narcotics Investigators School in Sacramento, July 16-18, 1980, was approved by Awarded to the following roll call vote: Young's Painting AYES: Council Members: Schafer, Hall, Hertzog, Service McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Agreements - Two agreements with the County of Orange were presented County of Orange which are in connection with continuation of a juvenile diversion/treatment program entitled, "Comprehensive Youth Diversion Youth Diversion Program", and require no financial com- Program mitment by the City of Costa Mesa. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, the agree- ments were 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, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Bid Item 453 Bids received for Bid Item 453, Labor and Material to Painting of Golf Paint the Costa Mesa Golf Course Club House, are on file Course Club House in the Clerk'soffice. The Purchasing Agent has recom- mended that all bids be rejected and new specifications Bids -Rejected be prepared and mailed to -interested vendors.'. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried, the bids were rejected and authorization given to prepare new specifications for rebidding. Bid Item 454 Bids received for Bid Item 454, Labor and Material to Painting of Three Paint Three City Fire Stations, are on file in the Fire Stations Clerk's office. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, the contract was awarded to Awarded to Young's Painting Service, 9351 Joyzelle Drive, Garden_ Young's Painting Grove, in the amount.of $26,590.00, being the lowest bid Service meeting specifications, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Vice Mayor Hall, seconded by Councilwoman Adjustment 80-56 Hertzog, Budget Adjustment 80-56, in the amount of $52,350.00, for reconstruction of sidewalks at TeWinkle TeWinkle Park Park, was approved by the following roll call vote: Sidewalks AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Storage Warehouse On motion by Vice Mayor Hall, seconded by Councilman Facilities McFarland, Ordinance 80-8, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 80-8 AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE, TO Adopted REGULATE THE DEVELOPMENT AND USE OF STORAGE WAREHOUSE FACILITIES, was given second reading and adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman McFarl-and; seconded by Council - Resolution 1107 woman Hertzog, Warrant Resolution 1.107, including Payroll 8011, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Warrant On motion by Councilman McFarland, seconded by Council - Resolution 1108 woman Hertzog, Warrant Resolution 1108 was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Adjournment At 6:40 p.m., the Mayor adjourned the meeting to an to Executive Executive Session in the City Clerk's office, for the Session purpose of discussing the following: proposed settle- ment of the Toncray property condemnation in connection Toncray and with the Superior Avenue widening; and report from the McDonald City's condemnation specialist, Attorney Robert Waldron, Condemnations regarding the McDonald property condemnation suit in connection with the 19th Street widening. At 7:05 p.m., the Council returned to the Chambers and the Mayor reconvened the regular meeting. 1979-80 Budget The City Manager recommended the following additional Appropriations appropriations for the 1979-80 City Budget: (1) In- crease to maintain 25 percent operating reserve for General Fund proposed for 1980-81 Budget, $484,427.00; (2) Increase working capital for Payroll Fund, $75,000.00; (3) Budget adjustment contingency, $1,060,000.00; and (4) Anaheim storm drain, $974,368.00; total appropriation, $2,593,795.00. On motion by Coun- cilman McFarland, seconded by Vice Mayor Hall, the recommended appropriations were approved by the follow- ing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Appropriations The City Manager presented a proposed resolution to Limit for limit appropriations for the 1980-81 Fiscal Year as 1980-81 required by law, said limitation to be set in the amount of $25,491,460.00. On motion by Vice Mayor Hall, sec - Resolution 80-61 onded by Councilwoman Hertzog, Resolution 80-61, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND ADOPTING AN APPRO- PRIATIONS LIMIT FOR THE FISCAL YEAR OF 1980-81, IN ACCORDANCE WITH ARTICLE XIII -B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None 1980-81 City The City Manager presented for public discussion the Budget City's Budget for Fiscal Year 1980-81, in the amount of $24,838,115.00, and reported on the distribution of expenditures as follows: Public Safety, $8,588,375.00; General Government, $5,195,895.00; Public Works, $4,161,585.00; Capital Improvements, $3,327,255.00; Leisure Services, $1,878,020.00; Golf Course, $752,095.00; and Other Expenses, $934,890.00. The City Manager further reported that the budget reflects an increase of five police officer positions to support 1 1 newly developed areas in the City; and a decrease of one Administrative Assistant position in the Housing and Community Development Services Division. The City Manager recommended that no further reductions in per- sonnel be made at this time; and that a 25 percent cash reserve be retained. There being no speakers, the Mayor closed the public discussion. Public Hearing The City Manager announced that this was the time and 1980-81 Federal Revenue Sharing place set for the public hearing for public comments and/or proposals on the possible uses of Federal Revenue Funds Sharing Entitlement funds to be appropriated in the Budget for Fiscal Year 1980-81. The Affidavit of Publi- cation is on file in the Clerk's office. No communica- tions have been received. The City Manager stated that the total amount of Revenue Sharing funds available for the first quarter is $400,000.00 and recommended dis- tribution as follows: Relocation of the Royal Palm Fire Station, $300,000.00; and $100,000.00 in support of social programs. There being no speakers, the Mayor closed the public hearing. Councilwoman Hertzog pointed out that since they had studied the budget for several weeks, the Council had few questions or comments. A Budget Adopted motion was made by Vice Mayor Hall, seconded by Council- woman Hertzog, to approve the City's 1980-81 Fiscal Year Budget, including the Revenue Sharing funds. The,motion carried by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Lions Club The City Manager presented a request from the Costa Fish Fry Mesa -Newport Harbor Lions Club, Post Office Box 628, Parade Costa Mesa, asking that the streets that are used annual- ly for their Fish Fry Parade be closed again this year on June 7, 1980. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, the request was ap- proved subject to all conditions recommended by staff, including the requirement that the necessary insurance be submitted. Public Hearing The Clerk announced that this was the time and place set Condemnation of for the public hearing to consider a proposed Resolution Boice Property of Necessity to condemn the Boice property, located at 131-147 East 17th Street, designated Parcels 3, 5, and 17th Street 6, for the 17th Street extension. The Affidavit of Pub - Extension lication is on file in the Clerk's office, and a letter of notification was delivered to the property owner as required by law. A communication has been received from John H..Dawson, Attorney at Law, 4650 Von Karman Avenue, Newport Beach, representing tenants of the subject property, requesting to be heard at the public hearing. The Director of Public Services reported that the property is required for the purpose of extending and connecting the westerly and easterly sections of 17th Street at the intersection of Newport Boulevard, which is in accordance with the Master Plan of Highways for - the City. He further stated that since no response to the City's offers have been received from the property owner, and the City is in a position whereby it may lose financial assistance of the County if action is not taken in an orderly manner, condemnation is necessary. The Director of Public Service recommended condemnation proceedings based on the following findings: (1) That public interest and necessity require the proposed project, in that the project furthers the implementation of the circulation element of the General Plan; (2) The proposed project is planned in a manner that will be most compatible with the greatest good and the least private injury; and (3) The property is necessary for the proposed project and the acquisition is only for the Public Hearing The Clerk announced that this was the time and place set Landscaping for the public hearing concerning the City'.s intention Assessment to levy and collect assessments during Fiscal Year 1980 - District No. 1 81 within the City of Costa Mesa Landscaping Assessment District No. 1, Tract 9901, located in the general area of Sunflower Avenue and Smalley Road. The Affidavit of 1 1 1 portion of the property actually required for the con- nection of the easterly and westerly sections of 17th Street for the purpose of creating a continuous flow. John H. Dawson, representing the tenants of the subject property, was -present stating that he was not objecting to the project but wanted information on the taking. Mr. Dawson made inquiries as to when construction would commence, and the City's intentions regarding the pay- ment of relocation costs to the lessees. The Director of Public Services- responded that construction would take place possibly in the 1981-82 Fiscal Year, but more likely in the 1982-83 Fiscal Year. The City Attorney advised that relocation compensation would be paid in the manner required by law. There being no other speakers, the Mayor closed the public hearing. Based on the findings detailed earlier by the Director of Public Services, a motion was made by Vice Mayor Hall, seconded by Councilman McFarland, to adopt Resolu- Resolution 80-62 tion 80-62, being•A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETER- MINING, AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY CONDEMNATION OF CERTAIN REAL PROPERTY DESIGNATED AS PARCELS 3, 5, AND 6 (BOICE) FOR THE 17TH STREET EXTENSION PROJECT, AND AUTHORIZING SAID CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION. The motion car- ried by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council=Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place set Council Review for the public hearing for Council review of Zone Excep- of ZE-80-68 tion ZE-80-68, David.Hutchison, 4815 Main Street, Yorba Jackbilt Linda, authorized agent for Jackbilt, Incorporated, 3300 West Olive Avenue, Burbank, for a Conditional Use Permit to allow a truck rental facility at 3539 Howard Way, in an MP zone. Environmental Determination: Negative Declaration adopted for Zone Exception ZE-79-73. The Affidavits of Publishing and Mailing are on file in the Clerk's office. A communication has been received from Malcolm Ross, C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, opposing this type of facility because of possible increase in traffic. The Development Ser- vices Director summarized the application as outlined in the Staff Report,of April 28, 1980, and showed slides of the proposed project. The Planning staff and Planning Commission recommended approval subject to conditions shown in the Staff Report. James MacDonald, 1235 North Harbor Boulevard, Fullerton, attorney for the applicant, was present and agreed to all conditions. David Hutchi- son, architect for the project, and Mr. Robinson, District Manager for Ryder Truck Rentals, were present and answered questions from the Council. Mr. Robinson submitted to the Council photographs of the subject facility. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, the Conditional Use Permit was approved, based on the analysis and findings detailed in the Staff report, and subject to all conditions recommended by the Planning Commission. Public Hearing The Clerk announced that this was the time and place set Landscaping for the public hearing concerning the City'.s intention Assessment to levy and collect assessments during Fiscal Year 1980 - District No. 1 81 within the City of Costa Mesa Landscaping Assessment District No. 1, Tract 9901, located in the general area of Sunflower Avenue and Smalley Road. The Affidavit of 1 1 1 1 1 Oral Ali Roushan, applicant for the previous item, DR -80708, Communications spoke concerning his' proposed project, and his previous hearing before the Planning Commission. Mayor Schafer DR -80-08 reminded Mr. Roushan that his request for a public hearing before the Council had been granted and that all information would be heard on June 16, 1980. Publication is on file in the Clerk's office. Notices of the hearing were mailed to all property owners within the district as requested by the Council. No communica- tions.have been received. The Development Services Director.summarized the information contained in the City Engineer's Report stating that the assessment for the 50 parcels is $98.24 each, for a total of $4,912.00. Ed Rath, 1025 Damascus Circle, owner of property within the district, stated his opinion that the City's costs seemed excessive and possibly a private contractor would be less expensive. Vice Mayor Hall responded that the City had previously suggested that the home- owners contract with a private business to perform the landscaping work, but no response had been received. The Director of Public Services gave Mr. Rath a copy of the Engineer's Report so that he could review the break- down of costs. There being no other speakers, the Mayor closed the .public hearing. On motion by Vice =- Mayor Hall, sec6nde6by Councilman McFarland, Resolu- Resolutiony80-63-" tion 80-63 being, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESS- MENT FOR FISCAL YEAR 1980-81 WITHIN THE CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER ONE, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place set Landscaping for the public hearing concerning the City's intention Assessment to levy and collect assessments during Fiscal Year 1980 - District No. 2 81 within the City of Costa Mesa Landscaping Assessment District No. 2, Tract 10513, located in th general area of Bear Street and Yukon Avenue. The Affidavit of Pub- lication is on file in the Clerk.'s office. Notices of the hearing were mailed to all property owners within the district as requested by the Council. No communica- tions have been received. The Development Services Director reviewed the information contained in the City Engineer's Report, stating that the assessment for each of the 41 parcels was $75.24, for a total of $3,084.84. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hall, Resolution 80-64 seconded by Councilwoman Hertzog, Resolution 80-64, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1980-81 WITHIN THE CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER TWO, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Request to Appeal The Clerk presented a request to appeal the Planning DR -80-08 - Commission's denial of Development Review DR -80-08, from Roushan Ali Roushan, 1550 Superior Avenue, Costa Mesa, for a proposed fountain exceeding 30 feet in height, located Hearing Set at that address, in an MG zone. Environmental Determin- ation: Exempt. On motion by Vice,Mayor Hall, seconded by Councilwoman Hertzog, and carried, the request,was granted and a public hearing set for June 16, 1980, at 6:30 p.m. Oral Ali Roushan, applicant for the previous item, DR -80708, Communications spoke concerning his' proposed project, and his previous hearing before the Planning Commission. Mayor Schafer DR -80-08 reminded Mr. Roushan that his request for a public hearing before the Council had been granted and that all information would be heard on June 16, 1980. Adjournment- The Mayor adjourned the meeting at 8:10 p.m. 5 Mayor of the City of Cost Mesa ATTEST: - City Clerk of then City of Costa a 1