Loading...
HomeMy WebLinkAbout09/02/1980 - City CouncilRoll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA September 2, 1980 The .City Council of the City of Costa Mesa, California, met in regular session on September 2, 1980, at 6:30 p.m., in the Council Chambers of City Hall,'77 Fair Drive, Costa Mesa. At the request of the Mayor, the meeting was called to order by Vice Mayor Hall, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend George Searsy, First Baptist Church. Council Members Present: Schafer, Hall, Hertzog, McFarland Council Members Absent: Johnson Officials Present: City Manager, Assistant City Attorney, Development Services Director, Director of Public Services, City Clerk Minutes On motion by Mayor Schafer, seconded by Councilman August 18, 1980 McFarland, and carried, the minutes of the special meeting and regular meetings .of August 18, 1980, were approved as distributed.and posted as there were no corrections. Ordinances A motion was made by Mayor Schafer, seconded by Council- woman Hertzog, and carried, to read all ordinances by title only. CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 4, A proposed ordinance regarding the appeals procedure. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzo,g, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Reading Folder The following Reading Folder items were received and processed: Claims The following claims were recei-ved by the City Clerk and no action was required: Richard L. Duquette; Wayne R. Riedmann; Attorney Robert C. Sandberg, on behalf of Superior Aluminum Insula- tion, Incorporated. Helicopter A letter from David Leighton, President of the Noise North Costa.Mesa'Homeowners Association, 1074 Redding Street, Costa Mesa, concerning noise in their neighborhood produced by helicopters util- izing John Wayne/Orange County Airport. Alcoholic- Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi - Licenses sion: Joseph K. and Shirley Ann Damato, doing business at 1125 Victoria Street, Suite "U"; John S. Goliath, doing business as Goliath's European Soup and Sandwiches, 3100 Airway Avenue, Suite No. 142; Lola Lee'and Richard Gutierrez, doing business at 2228 Newport Boulevard; Lowry D. Hughes, doing business as Calabash Landing and Distillery, 179 East 17th Street; Myron Miller, doing business as The Road's End, 1830 Newport C' i i M Application No. 59863, Southern California Edison Company, for authority to increase base rates for electric service to recover increased operating costs resulting from the conversion to monthly billing of customers previously billed bimonthly. Application No. 59865; Southern California Gas Company, for authorization to implement a con- servation cost adjustment procedure for adjusting its tariffs covering Commission approved conser- vation programs; and authorization to implement a End- program for financing solar water heaters to be Reading Folder included in the proposed procedure. Business Permits Boulevard; and Antorio and Rose Mary Munoz, and Nicandro; Olga, and Ramiro Urquiza, doing busi- Girl Scouts ness as La Michoacana; 600 West 19th Street. Pacific Telephone Notice from Pacific Telephone Company of appli- Request for cation to the Public Utilities Commission, for Rate Increase rate increase, N.O.I. 23, for all classes of service. - Public Utilities Applications before the Public Utilities Commis - Commission sion concerning the following matters: Application No. 59438, Richard A. Gregory, an individual, doing business as Sunset Coast Bus Claim - Navabpour Lines, for authority to operate as a passenger Denied stage corporation in a home -to -work service between points in Orange County and the Garrett Late Claim - AiResearch facility in Torrance. Application No. 59863, Southern California Edison Company, for authority to increase base rates for electric service to recover increased operating costs resulting from the conversion to monthly billing of customers previously billed bimonthly. Application No. 59865; Southern California Gas Company, for authorization to implement a con- servation cost adjustment procedure for adjusting its tariffs covering Commission approved conser- vation programs; and authorization to implement a End- program for financing solar water heaters to be Reading Folder included in the proposed procedure. Business Permits Notice of Intention to Appeal or Solicit for Charitable Purpose from Girl Scout Council of Orange County, 1620 Girl Scouts Adams Avenue; Costa Mesa; by door-to-door solicitation, selling calendars November 7 = 30, 1980, and selling cookies March 23 through April 5, 1981, was approved with application of Section 9-234J of the Costa Mesa Municipal Code. Eugenio.'.s A request from Eugenio."s Mexican Restaurant, 547 West 19th Street, Costa Mesa, for a dance permit at that address, was approved subject to conditions of the Revenue Division. Claim - Navabpour On motion by Councilwoman Hertzog, seconded by Council - Denied man McFarland; and carried, the claim of Samad and Barbara Navabpour was denied. Late Claim - On motion by Councilwoman Hertzog, seconded by Council- Burghardt man McFarland, and carried, an application for leave to Denied present a late claim from Lon Allan Burghardt was denied. S-79-383 Improvements for Parcel Map S-79-383; located at 2787 Weber Bristol Street, have been completed by Harry J. Weber, developer, 61 Balboa Cove, Newport Beach, to the satis- faction of the City Engineer. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Change Order No. 1 The Director of Public Services has recommended approval 17th Street Storm of Change Order No. 1 to the contract with Westco Con - Drain struction, Post Office Box 5957, Mission Hills, in the amount of $3,423.00, for additional work required in connection with construction of the 17th Street Storm Drain (Phase II). On motion by Councilwoman Hertzog, seconded by Councilman McFarland; Change Order No. 1 was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Bid Item 462 Bids received for Bid Item 462' Motorcycles for Traffic Motorcycles Enforcement, are on file in the Clerk"s office. On motion by Councilwoman Hertzog; seconded by Councilman Awarded to McFarland, the contract was awarded to Champion Motor - Champion cycles"; Incorporated, 1980 Harbor Boulevard, Costa Mesa, for a unit price of $4,180.00, at a total cost of $25,080.00 for six units, being the lowest bid meeting specifications, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Conference On motion by Councilwoman Hertzog; seconded by Council - Advance man McFarland; a Conference Advance in the amount of $235.00; for a Maintenance Supervisor to attend the Maintenance Supervisor Association of California Con- ference; San Jose, from September 24 through 26, 1980, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Retirement Plan The City Manager has recommended an amendment to the Amendment Retirement Plan for safety employees,by changing the frequency of the actuarial valution from an annual basis to a bi'annual basis on every even numbered year. The recommendation is supported by the actuary and is based on the fact that the stability of said plan is such that bi-annual valuations should be sufficient and will help reduce administrative costs for the plan. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, the recommended amendment was approved by the following roll call vote: ..AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None: ABSENT: Council Members: Johnson Bid Item 459 "A" Bids received for Bid Item 459, Revision "A", Auditing Auditing Services Services for the Safety Employees Retirement Plan of the for Retirement City of Costa Mesa, are on file in the Clerk's office. Plan On motion by Councilwoman Hertzog, seconded by Council- man McFarland, the contract was awarded to Arthur Young Awarded to and Company, 1055 North Main Street, Santa Ana, in the Arthur Young amount of $83,000.00, for the two previous years ending June 30, 1980, being the lowest responsible bid, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None' ABSENT: Council Members: Johnson Appeals Item 4 on the Consent Calendar was presented, a pro - Procedure posed ordinance amending Titles 2, 10, and 13 of the Ordinance Costa Mesa Municipal Code regarding the appeals pro- cedure. On motion by Councilman McFarland, seconded by Hearing Set Mayor Schafer, and carried, a public hearing was set for October 6, 1980, at 6:30 p.m., in the Council Chambers of City Hall. V:r 43 Warrant On motion by Councilman McFarland; seconded by Council - Resolution 1116 woman Hertzog, Warrant Resolution 1116, including Payroll 8017, was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Warrant On motion by Councilwoman Hertzog, seconded by Council - Resolution 1117 man McFarland, Warrant Resolution 1117 was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Brown vs City The Assistant City Attorney presented a proposed settle- ment in connection.with Brown versus the City of Costa Mesa. On motion by Mayor Schafer, seconded by Council- woman Hertzog, a settlement payment of $10,000.00 was approved, and the defense counsel was authorized to execute necessary papers, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson McDonald At the request of the Assistant City Attorney, Council Condemnation agreed,to hold an Executive Session immediately after regular business was concluded, for the purpose of discussing litigation concerning condemnation of the McDonald property, in connection with the 19th Street widening project. Tax Rate Under The City Manager presented a proposed resolution fixing 1974 Open Space a tax rate per centum of $0.0516 on each $100.00 Bond Issue assessed value of all taxble property within the City for Fiscal Year 1980-81, in connection with the 1974 Open Space Bond Issue. On motion by Councilman McFar- land, seconded by Councilwoman Hertzog, Resolution Resolution 80-83 80-83, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FIXING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON ALL OF THE TAXABLE PROP- ERTY WITHIN THE CITY OF COSTA MESA WHICH IS TAXABLE TO MEET THE CITY'S OBLIGATION UNDER THE 1974 OPEN SPACE BOND ISSUE FOR FISCAL YEAR 1980-81, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Public Hearing The Clerk announced the public hearing continued from Amendment to the meeting of August 18, 1980, for a proposed amendment EIR Guidelines to the City's Environmental Impact Report Guidelines to provide for the City to contract directly with Environ- mental Impact Report consultants. The Development Services Director reviewed the memorandum from staff dated August 28, 1980, which detailed various alterna- tives for implementing the City -'.s contracting directly with environmental consultants and/or staff's preparing said reports. The memorandum covered the following topics: Choosing the Consultant; Staff Preparation of EIR,'s; Reimbursement of Fees by (a) Flat Fee Plus Con- tract Cost, (b) Flexible Fee Plus Contract Cost, (c) Estimated Percentage Plus Contract Cost, (d) Tenta- tive Actual Cost Plus Contract Cost; and Consultant Opinions. The Planning Commission and staff recommended the following: (1) City Council choose the consultant; (2) Staff prepare EIR'.s only when time and expertise allow and after direction by the City Council; and (3) Fees computed by tentative actual cost plus con- tract cost. There being no speakers, the Vice Mayor closed the public hearing. After brief discussion, a motion was made by Mayor Schafer, seconded by Council- man McFarland; and carried, approving the recommenda- tions stated above except that staff was authorized to choose the consultant. Public Hearing The Clerk announced that this was the time and place R-80-08 set for the public hearing to consider Rezone Petition Bartlett/Fidel R-80=08; Richard L. Bartlett, 1862 Placentia Avenue, Costa Mesa; -authorized agent for John M. Fidel, 12768 Denied Brook Lake Street, Los Angeles, for permission to rezone property located at the southeast corner of 18th Street and Placentia Avenue from R2 to CL. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No com- munications have been received'.The Planning Commission and Planning staff recommended denial. The Development Services Director summarized the Staff Report dated August'12, 1980, which describes the property as 13,000 square feet in size, with 100 feet of frontage on 18th Street and 130 feet of frontage on Placentia Avenue. Under the current R2 zoning, the property could be developed with four apartment or condominium units; the proposed CL zoning would allow business and professional offices, retail commercial shops, and financial institu- tions,'wi.th other commercial, uses permitted by Condi- tional Use Permit. The Development Services Director pointed out that required setbacks for the CL zone could be prohibitive to commercial development and/or generate variance requests. The staff findings indicate that commercial zoning of subject property could create significant development difficulties and could be detrimental to surrounding residential development; and sufficient commercially zoned property currently exists in this vicinity. The applicant was not present. The following persons spoke in opposition to the CL rezone: Tom Foskaris and Tom Nicolaou, owners of the Prime Burger, 799 West 17th Street, Costa Mesa; Wendy H'auk' 10181 Beverly Drive, Huntington Beach, employee of the Prime Burger; Jennifer Berman, 21632 Brookhurst Street, Huntington Beach, employee of the Prime Burger; Pete Kalogeropoulos, 1875 Placentia Avenue, Costa Mesa; and Jack Wilson, 781 West 18th Street, Costa Mesa. There being no other speakers, the Vice Mayor closed the public hearing. A motion was made by Council- man McFarland, seconded by Councilwoman Hertzog, to deny the request based on.the Staff Report.'.s indication that CL zoning would not be compatible to the area; that residential is the prime use on that side of Placentia Avenue; and in consideration of the residen- tial neighborhood, that R2 zoning is appropriate. The motion -carried unanimously, Councilman Johnson absent. Public Hearing Vice Mayor Hall announced that the public hearing to Orange Medi -Trans consider the request of Orange Medi -Trans, 21574 Newland Street, Huntington Beach, for a Certificate of Public Removed from Convenience and Necessity to transport convalescent Agenda patients in wheelchairs on a non -emergency basis, was being removed from the Agenda since this matter should be handled by the County of Orange. Measure "J" on The Clerk presented a resolution authorizing publication Primary Election of notices of public hearing on the proposed cooperation Ballot agreement between the City of Costa Mesa and the Orange County Housing Authority' for implementation of Measure "J" (Article 34)'in the primary election held on June 3, 1980. Vice Mayor Hall explained that the agreement does 1 1 fl 475 I ot necessarily indicate that the City must have low cost housing but that requests for such housing will be reviewed by the City Council for their decision. Carlos Young, 918 Senate Street, Costa Mesa, asked if it would be appropriate to speak on this item now, and Vice Mayor Hall responded that he'should'speak under Oral Communi- cations. Bill Carsten, 579 Knowell Place, Costa Mesa, asked if this matter included the Wallace Avenue - 20th _ Street area upgrading, and the Vice Mayor responded that it did not. On motion by Councilman McFarland, seconded Resolution 80-84 by Mayor Schafer, Resolution 80-84, being A RESOLUTION Hearing Set OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, AUTHORIZING PUBLICATION OF NOTICES FOR PUBLIC HEARING ON PROPOSED COOPERATION AGREEMENT BETWEEN THE CITY OF COSTA MESA AND ORANGE COUNTY HOUSING AUTHORITY, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Oral Carlos Young, President of the Mesa West Homeowners Communications Association, 918 Senate Street, Costa Mesa, read a. letter, a copy of which was submitted to each Council High Density Member. The communication indicated opposition to high and Low Income density zoning and low income housing, especially when Housing it is targeted for one or two communities within a city. Bill Carsten,'579 Knowell Place, Costa Mesa, also spoke in opposition of more high density on the City's west side, stating that it would lower the value of his property. Mr. J. Moran, 973 Arbor Street, Costa Mesa, voiced his objection to the litter and blight on the west,side, such as numerous inoperable vehicles stored on some lots, trash being thrown on the streets, and -a deteriorated mobile home being allowed to remain in his neighborhood. Councilwoman Hertzog responded that the community must assist in the upkeep of their properties, and also pointed out that the Housing and Community Development Committee has extensive plans for upgrading the subject area. Vice Mayor Hall pointed out that the City must hear from the citizens as to where the problems exist; City staff cannot make periodic inspections. Student Norma Benner, 763 Olympic Avenue, Costa Mesa, expressed Pedestrian.-. concern over the safety of students walking to Bear Safety StreetSchool because of the construction underway on Paularino Avenue near the Montgomery Ward store. Vice Mayor Hall stated that when Proposition 13 was passed by the voters, people were asking that services be reduced; therefore, the City should not be asked to supply ser- vices which were not previously provided. He further suggested that if the citizens in an area wanted cross - Ing guards, the City could establish a district and additional taxes from that district would pay for the 'requested service. Subsidized Ed John, 1818 Viola Place, Costa Mesa, spoke in opposi- Housing tion to government subsidized housing, and expressed his opinion that the west side has been targeted for low income housing. He also stated that he opposed money going to homes for battered women and rent control when it should be used for improvements such as sidewalks. Vice Mayor Hall responded that the City has not sup- ported rent control. Councilmanic Councilman McFarland welcomed members of the Mesa West Comments Homeowners Association, and expressed his agreement with Councilwoman Hertzog that much time had been given to Housing upgrading of the west side, including sewer and water improvements. Councilman McFarland also mentioned that the Housing Element of the General Plan is a very impor- tant issue and he hoped that the community will continue to show interest. He also explained that high density is not low cost housing but it lowers the cost of housing. Councilwoman Hertzog again stated that the Housing and Community Development Committee spent a great deal of effort on improvements for -the west side and just a small minority in that community responded. She also reminded citizens that they must report any violations of the City's ordinances, such as inoperable vehicles stored'on private"property, so that these problems can be resolved. Councilman Hall stated that the Mesa West Homeowners Association has been involved with City matters and this was the only association which requested a General Plan presentation. He also pointed out that the Mesa West members frequently attend Council meetings and their concerns should be considered. Adjournment At 7:45 p.m., the Vice Mayor adjourned the meeting to to Executive an Executive Session in the fifth floor Conference Room, Session for'the.purpose of discussing pending litigation and personnel matters. McDonald On motion by Vice Mayor Hall, seconded by Councilwoman Condemnation Hertzog authorization was given to agree to the terms as outlined by Attorney Robert Waldron, the City's 19th Street condemnation specialist, in connection with condemnation Widening of the McDonald property for the 19th Street widening project. The motion carried by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Adjournment The Vice Mayor adjourned the meeting at 9:35 p.m. Mayor of the City of Co a esa ATTEST: City Clerk of the City of Costa a 1 [7 1