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HomeMy WebLinkAbout03/01/1982 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 1, 1982 The City Council of the City of Costa Mesa, met in regular session on March 1, 1982, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Vice Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Conrad Nord- quist, St. John the Divine Episcopal Church. Council Members Present: Hall, Hertzog, McFarland, Johnson Council Members Absent: Schafer Officials Present: City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Councilman McFarland, seconded by Council - February 16, 1982 woman Hertzog, and carried 4-0, the minutes of the regular meeting of February 16, 1982, were approved as distributed and posted.as there were no corrections. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried 4-0, to read all ordi- nances by title only. CONSENT CALENDAR On motion by Councilman McFarland, seconded by Council- woman Hertzog, all items in the Consent Calendar were approved in one motion by the following roll call vote: AYES:. COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer READING FOLDER On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried 4-0, the following Reading Folder items were received and processed: Claims The following claims were received by the Clerk: Lisa S. Dudley; Robert A. Jones; Joseph H. Stockton; Arthur Alomar; Francis C. Loughlin; Jerauld D. Holloway; and One -Day Paint and Body. Alcoholic Alcoholic Beverage License application for which Beverage parking has been approved by the Planning Divi - Licenses sion, from: Barbara and Saadoun A1-Bayati, doing business as Armen's, 2136 Placentia Avenue; and Chang S. and Seung S. Lee, doing business as Alta -Dena Dairy, 1085 Baker Street. Community Resolution from the City of Westminster, commend - Development ing the Orange County Community Development Council Council and its staff for performing an outstand- ing community service in the cheese distribution program in Orange County. Peripheral Canal Resolution from the City of Fullerton supporting ratification of the peripheral canal referendum. Harbor Adult Day Communication from Harbor Adult Day Care Center, Care Center 420 West 19th Street, Costa Mesa, thanking the Council for their generous support of the center. a-% r, a. b BUSINESS PERMIT A request has been received -from Costa Mesa/Orange Coast Lion's Club, Post Office Box 1156, Costa Mesa, for per - Lion's Club mission to hold a five-day carnival at 2300 Harbor Boulevard, March 10-14, 1982. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried 4-0, the request was approved subject to conditions recommended by the Revenue Division. SET FOR PUBLIC On motion by Councilman McFarland, seconded by Council - HEARING woman Hertzog, and carried 4-0, the following item was Drive set for public hearing on March 15, 1982, at 6:30 p.m., in the Council Chambers of City Hall: R-82-03 Rezone Petition R-82-03, Randy Wawrzyniak, Land and Sea authorized agent: for Land and Sea Enterprises, Enterprises Incorporated, Post Office Box 2416, Capistrano MOTION Beach, for permission to rezone property located Awarded to at 1680 Superior Avenue from MG and C1 -CP to CL. Mohle Perry Environmental Determination: Negative Declara- tion. ADMINISTRATIVE Bids received for Bid Item 532, Eleven Prefabricated ACTIONS Bus Shelters, are on file in the Clerk's office. On motion by Councilman McFarland, seconded by Councilwoman Bid Item 532 Hertzog, the contract was awarded to Ace Aluminum Com - Bus Shelters pany, 1939 East Olive Avenue, Fresno, in the amount of $23,089.00, being the lowest bid meeting specifications. MOTION The motion carried by the following roll call vote: Awarded to AYES: COUNCIL MEMBERS: Hall, Hertzog, Ace Aluminum McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Storm Drain The Director of Public Services has recommended that Design on Fair the contract for Design of Storm Drain Facilities on Drive Fair Drive be awarded to Mohle Perry and Associates, Incorporated, 901 East Imperial Highway, La Habra. The recommendation is based on the fact that Mohle Perry has just completed the Fair Drive Hydrology Study and already has most of the information needed for the MOTION design. On motion by Councilman McFarland, seconded by Awarded to Councilwoman Hertzog, the contract was awarded as Mohle Perry recommended, in an amount not to exceed $8,500.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Change Orders The Director of Public Services has recommended approval No. 2 and No. 3 of Change Orders No. 2 and No. 3 to the contract with POD, Incorporated POD, Incorporated, 1327 North Broadway, Santa Ana, in the amounts of $5,040.00 and $960.00, respectively, for Assessment additional landscaping in Assessment District No. 80-1, District No. 80-1 MacArthur/Sunflower Industrial Area. On motion by Coun- cilman McFarland, seconded by Councilwoman Hertzog, the MOTION change orders were approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Final Map for A Final Map was presented for Tract 11479, Tom Carney, Tract 11479 234 East 17th Street, Suite 205, Costa Mesa; one lot, Carney 0.40 -acre, located at 1597 Riverside Place, for condo- minium purposes. On motion'by Councilman McFarland, MOTION seconded by Councilwoman Hertzog, the map was approved; Approved the Council did accept on behalf of the public the dedi- cation of Riverside Place for street purposes; did also accept on behalf of the City of Costa Mesa: (1) the 3'7 three-foot public utility easement as dedicated; (2) the ingress/egress easement for emergency vehicle purposes as dedicated; did also approve subject map pursuant to the .provisions of Section 66436 (c)(1) of the Subdivi- sion Map Act; and the Clerk was authorized to sign subject map on behalf of the City. The motion carried by the fol.lowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer Budget Adjustment On motion by Councilman McFarland, seconded by Council - No. 82-36/Balearic woman Hertzog, Budget Adjustment No. 82-36, in the Center amount of.$6,100:00, to increase the appropriation for repair and expansion of the existing parking lot, and MOTION to improve security lighting at Balearic Center, was Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer OLD BUSINESS The Clerk presented from the meeting of January 18, 1982, a report by the Parkway Tree Committee and City Parkway Tree Staff dated March 1, 1982, entitled, "Recommended Plan Program for Parkway Trees in College Park". Karen McGlinn, 2365 Notre Dame Road, Costa Mesa, member MOTION On motion by Councilman McFarland, seconded by Council - Warrant 1171 woman Hertzog, Warrant Resolution 1171 was approved by Approved the following roll -call vote: of the Parkway Tree Committee, summarized the contents of the report, and advised that the committee has recommended that the plan.for parkway trees be adopted. The report also contains a recommendation to establish a Tree Advisory Board to make an annual review of City policies regarding parkway trees, maintenance removal, upgrading, and/or new plantings. Ms. McGlinn reported that the committee and City staff will present a program on March 5, 1982, at 1:00 p.m., for the children of College Park School, concerning tree preservation. The Council Members commended Ms. McGlinn and the com- mittee for their excellent work and cooperation with staff in compiling reports for the Council. MOTION A motion was made by Councilwoman Hertzog, seconded by Report Accepted Councilman Johnson, accepting the report and referring and Referred to this item to the Study Session of April 12, 1982, at Study Session 2:00 p.m., for the purpose of discussing establishment of a committee. The motion carried 4-0. MOTION On motion by Councilman McFarland, seconded by Council - Additional Funds man Johnson, authorization was given to allocate Allocated necessary funds for the College Park tree program by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer WARRANTS On motion by Councilwoman Hertzog, seconded by Council- man McFarland, Warrant Resolution 1170, including Pay - MOTION roll 8204, was approved by the following roll call vote: Warrant 1170 AYES: COUNCIL MEMBERS: Hall, Hertzog, Approved McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer MOTION On motion by Councilman McFarland, seconded by Council - Warrant 1171 woman Hertzog, Warrant Resolution 1171 was approved by Approved the following roll -call vote: 0 The Director of Public Services reported that the project is necessary to relieve the present flooding condition that occurs in this area each rainy season. He further stated that the easement is required for below grade storm drainage only and will not affect current usage of the property. Brian R. Meek, 3500 South Bristol Street, Suite 100, Santa Ana, attorney for the property owner, asked ques- tions concerning the easement, and questioned the adequacy of the compensation being offered by the City. The Director of Public Services responded that no alley easement exists on subject property, and that the offer made by the City is only for an underground utility easement for storm drain purposes. Mr. Meek expressed his thanks for the clarification. There being no other speakers, the Vice Mayor closed the public hearing. MOTION A motion was made by Councilman McFarland, seconded by Resolution 82-13 Councilwoman Hertzog, to adopt Resolution 82-13, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING, AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY CONDEMNATION OF CERTAIN REAL PROPERTY DESIGNATED AS AN EASEMENT OVER THE NORTHEASTERLY TWENTY FEET OF PARCEL 25 (STROOT, 488 - 17TH STREET) FOR A SUB- SURFACE STORM DRAIN NORTH OF 17TH STREET, AND AUTHORIZ- ING SAID CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, based on the following findings: (1) The public interest and necessity require the proposed project, in that the project is designed to relieve existing flooding conditions in that area; (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 portion of the property actually required for the installation of the drainage system. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer PUBLIC HEARING The Clerk announced that this was the time and place Condemnation of set for the public hearing for a proposed Resolution of Kendall/Ziegler Necessity to condemn a portion of the Kendall/Ziegler Property property, 20 feet by 62 feet, located at 480 East 17th Street, designated Parcel No. 27, for right-of-way 17th Street necessary for a storm drain/alley project north of 17th Storm Drain/Alley Street. The Affidavit of Publication is on file in Project the Clerk's office, and notifications of the hearing were mailed to the property owners as required by law. No communications have been received. F� AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer PUBLIC HEARING The Clerk announced that this was the time and place Condemnation of set for the public hearing for a proposed Resolution of Stroot Property Necessity to condemn a portion of the Stroot property, 20 feet by 190 feet, located at 488 East 17th Street, 17th Street designated Parcel No. 25, for right-of-way necessary Storm Drain/Alley for a storm drain/alley project north of 17th Street. Project The Affidavit of Publication is on file in the Clerk's office, and notification of the hearing was mailed to the property owner as required by law. No communica- tions have been received. The Director of Public Services reported that the project is necessary to relieve the present flooding condition that occurs in this area each rainy season. He further stated that the easement is required for below grade storm drainage only and will not affect current usage of the property. Brian R. Meek, 3500 South Bristol Street, Suite 100, Santa Ana, attorney for the property owner, asked ques- tions concerning the easement, and questioned the adequacy of the compensation being offered by the City. The Director of Public Services responded that no alley easement exists on subject property, and that the offer made by the City is only for an underground utility easement for storm drain purposes. Mr. Meek expressed his thanks for the clarification. There being no other speakers, the Vice Mayor closed the public hearing. MOTION A motion was made by Councilman McFarland, seconded by Resolution 82-13 Councilwoman Hertzog, to adopt Resolution 82-13, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING, AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY CONDEMNATION OF CERTAIN REAL PROPERTY DESIGNATED AS AN EASEMENT OVER THE NORTHEASTERLY TWENTY FEET OF PARCEL 25 (STROOT, 488 - 17TH STREET) FOR A SUB- SURFACE STORM DRAIN NORTH OF 17TH STREET, AND AUTHORIZ- ING SAID CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, based on the following findings: (1) The public interest and necessity require the proposed project, in that the project is designed to relieve existing flooding conditions in that area; (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 portion of the property actually required for the installation of the drainage system. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer PUBLIC HEARING The Clerk announced that this was the time and place Condemnation of set for the public hearing for a proposed Resolution of Kendall/Ziegler Necessity to condemn a portion of the Kendall/Ziegler Property property, 20 feet by 62 feet, located at 480 East 17th Street, designated Parcel No. 27, for right-of-way 17th Street necessary for a storm drain/alley project north of 17th Storm Drain/Alley Street. The Affidavit of Publication is on file in Project the Clerk's office, and notifications of the hearing were mailed to the property owners as required by law. No communications have been received. F� The Director of Public Services stated that the purpose of the project is to relieve present flooding conditions that occur during the rainy season. He further reported that numerous attempts have been made to acquire the easement through negotiations, however, due to the Unwillingness of the property owner to compromise, no settlement has been reached. In response to Vice Mayor Hall's inquiry, the Director of Public Services advised that the City has an alley easement on subject property and that after obtaining the easement for the underground storm drain, the City would quitclaim the alley easement back to the owner. There being no speakers, Vice Mayor Hall closed the public hearing. The Director of Public Services, in responding to a question from Councilman McFarland, reported that uses are restricted on City easements and building construc- tion is not permitted. MOTION A motion was made by Councilman McFarland, seconded by Resolution 82-14 Councilwoman Hertzog, to adopt Resolution 82-14, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING, AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY CONDEMNATION OF CERTAIN REAL PROPERTY DESIGNATED AS AN EASEMENT OVER THE NORTHEASTERLY TWENTY FEET OF PARCEL 27 (KENDALL/ZIEGLER, 480 EAST 17TH STREET) FOR A SUB -SURFACE STORM DRAIN NORTH OF 17TH STREET, AND AUTHORIZING SAID CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION, based on the following findings: (1) The public interest and necessity require the proposed project, in that the project is designed to relieve existing flooding condi- tions in that area; (2) The proposed project is planned in a manner that will be most compatible with the great- est good and the least private injury; (3) The property is necessary for the proposed project and the acquisi- tion is only for the portion of the property actually required for the installation of the drainage system; and (4) If the City must purchase the easement for the underground storm drain, the alley easement is not to ,be quitclaimed back to the owner. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: _Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Schafer PUBLIC HEARING The Clerk announced that this was the time and place set Certificate for for the public hearing to consider a request from Custom Custom Towing Towing, 1117 Baker Street, Suite D, Costa Mesa, for a Certificate of Public Convenience and Necessity to pro- vide towing services within the City of Costa Mesa. The Affidavit of Publication is on file in the Clerk's office. Notifications of the hearing were mailed to all certificate holders within the City as required by law. A communication has been received from Thom Gall, Manager of Harbor Towing, 964 West 17th Street, Costa Mesa, asking that the Council consider the fact that the applicant does not have a storage lot within the Costa Mesa City limits. Winston Anderson, President of Custom Towning, spoke in support of his request and answered questions from the Council. Mr. Anderson pointed out that he does not charge a mileage fee, and that vehicles stored in the City of Irvine would be brought to the Baker Street location for pickup on request. He also stated that it would take approximately 30 minutes to transport a vehicle from Irvine to Costa Mesa. In response to Vice Mayor Hall's inquiry, Mr. Anderson advised that the Conditional Use Permit does not allow storage at the Baker Street address. Council Members Hertzog and Johnson voiced concern over the amount of waiting time for vehicle pickup if the vehicles had to be driven from the storage location to the Baker Street address. Thom Gall, Manager of Harbor Towing, was present and offered his opinion that storage of vehicles outside the City limits should not be permitted. There being no other speakers, Vice Mayor Hall closed the public hearing. Vice Mayor Hall stated that since Mr. Anderson was unable to acquire property in the City for vehicle storage, and that the Conditional Use Permit for Baker Street does not allow storage, use of property outside of the City is the applicant's only alternative. MOTION A motion was made by Councilman McFarland, seconded by Approved Councilwoman Hertzog, to approve the subject certificate for one year, based on the recommendations contained in a memorandum from the Revenue Division dated February 17, 1982, and a memorandum from the Director of Finance dated February 22, 1982; and subject to all conditions imposed for Zone Exception ZE-81-133. Councilman Johnson stated that he could go along with approval if the time element for pickup is as the appli- cant reported. Councilman Johnson asked that the motion include that staff survey subject operation so that there would not be unnecessary waiting for vehicles upon release from storage. AMENDED MOTION Councilman McFarland amended his motion to include Councilman Johnson's suggestion. The amended motion was was seconded by Councilwoman Hertzog, and carried 4-0. Report on Towing Vice Mayor Hall requested that staff prepare a report Storage Lots on towing storage lots, such as why some storage is prohibited, etc. PUBLIC HEARING The Clerk announced that this was the time and place SP -82-01 set for the public hearing for Specific Plan SP -82-01, Costa Mesa City Council, affecting commercially zoned properties in the vicinity of Bristol Street, between the San Diego (405) and the Costa Mesa (55) freeways. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Vice Mayor Hall reported that since this item had been continued by the Planning Commission to their meeting of March 8, 1982, it was necessary to continue this public hearing also. MOTION On motion by Councilwoman Hertzog, seconded by Council - Held Over man Johnson, and carried 4-0, the specific plan was referred to the Study Session of March 8, 1982, at 2:00 p.m., and the public hearing continued to the meeting of April 5, 1982, at 6:30 p.m. ADJOURNMENT The Vice Mayor adjourned the meeting at 7:50 p.m. M06r-of he City o osta esa ATTEST: ity CTEFF—F the City of Cost esa