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HomeMy WebLinkAbout06/07/1982 - City CouncilROLL CALL MINUTES May 17,, 1982 ORDINANCES CONSENT CALENDAR READING FOLDER REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 7, 1982 The City Council of the City of Costa Mesa, California, met in regular session on June 7, 1982, 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 Douglas McKenzie, Harbor Christian Fellowship. Council Members Present: Schafer, Hall, Hertzog, McFarland, Johnson Council Members Absent: None Officials Present: Assistant City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk On motion by Vice Mayor Hall_,, seconded by Councilman Johnson, and carried 5-0, the minutes of the regular meeting of May 17, 1982, were approved. A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, and carried.5-0, to read all ordinances by title only. On motion by Councilman McFarland, seconded by Council- man Johnson, all items on the Consent Calendar 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 On motion by Councilman McFarland, seconded by Council- man Johnson, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims were received by the City Clerk from the following claimants: Joseph Patrick Swann; Commercial Union Assurance Company on behalf of Lloyd Wilson; Isabelle Kipper; and Christine L. Assad. Alcoholic Alcoholic Beverage License for which parking has Beverage been approved by the Planning Division from: Licenses Safeway Stores, Incorporated, doing business at 1726 Superior Avenue. Opposition to A resolution from the City of Santa Ana in oppo- Assembly Bill sition to Assembly Bill No. 3011 establishing in No. 3011 law a relationship between cancer in firefighters and their .employment. PERMITS A request has been received from Nichiren Shoshu Soka NSA Gakkai of America, 1757 Lincoln Boulevard, Santa Monica, to use Lions Park on June 27, 1982, from 8:00 a.m. to 3:00 p.m., for a family picnic. On motion by Councilman MOTION McFarland, seconded by Councilman Johnson, and carried Approved 5-0, the request was approved subject to conditions recommended by the Leisure Services Department. SET FOR PUBLIC HEARING On motion by Councilman McFarland, seconded by Council- man Johnson, and carried 5-0, the following items were set for public hearing on June 21, 1982, at 6:30 p.m., in the Council Chambers of City Hall: Residential Ordinance amending Title 13 of the Costa Mesa Parking Municipal Code, proposing revisions to residen- tial parking requirements. Revenue Sharing Revenue sharing portion of Fiscal Year 1982-83 1982-83 Budget City Budget. CLAIMS On motion by Councilman McFarland, seconded by Council- man Johnson, and carried 5-0, the claim of Steven Mikal Walker - Rejected Walker was rejected. Loughlin - On motion by Councilman McFarland, seconded by Council - Rejected man Johnson, and carried 5-0, the claim of Francis Charles Loughlin was rejected. Erickson Denied ADMINISTRATIVE ACTIONS Bid Item 546 Tree Pruning MOTION Awarded to West Coast Arborists Bid Item 547 Truck with Special Body MOTION Awarded to Theodore Robins Ford Bid Item 548 Chipper Truck Body MOTION Awarded to Universal Truck Body On motion by Councilman McFarland, seconded by Council- man Johnson, and carried 5-0, an Application for Leave to Present a Late Claim from Louise Erickson was denied. Bids received for Bid Item 546, Custom Pruning of Street Trees, are on file in the Clerk's office. On motion by Councilman McFarland, seconded by Councilman Johnson, the contract was awarded to West Coast Arborists, Incor- porated, 7072 Thomas Street, Buena Park, in the amount of $24.25 per tree, but not to exceed a total cost of $14,000.00, being the lowest bid meeting specifications. 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 Bids received for Bid Item 547, One 1982 Truck with Special Body, are on file in the Clerk's office. On motion by Councilman McFarland, seconded by Councilman Johnson, the contract was awarded to Theodore Robins Ford, 2060 Harbor Boulevard, Costa Mesa, in the amount of $14,042.00, being the lowest bid meeting specifica- tions. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson None None Bids received for Bid Item 548, Furnish and Install a Chipper Truck Body, are on file in the Clerk's office. On motion by Councilman McFarland, seconded by Council- man Johnson, the contract was awarded to Universal Truck Body, Incorporated, 4073 South Alameda Street, Los Angeles, in the amount of $6,410.88,_being the lowest bid meeting specifications. 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 Notice of Installation of Illuminated Street Name Signs and Sodium Completion Conversion on Street Lights has been completed to the Street Name Signs satisfaction of the Director of Public Services by and Street Light De Barge Electric; 1563 East St. Gertrude Place, Santa Conversion Ana. On motion by Councilman McFarland, seconded by Councilman Johnson, the work was accepted; the Clerk was MOTION authorized to file a Notice of Completion; the bonds Work Accepted were ordered exonerated 35 days after the Notice of Com- pletion has been filed; and retention funds were ordered released immediately. The motion carried by the follow- ing roll call vote: 1 AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Not -ice of Installation of the FAU Master Signal System has been Completion completed to the satisfaction of the Director of Public FAU Master Signal Services by Electrend, :Incorporated, 3519 Commonwealth System Avenue, Fullerton. On motion by Councilman McFarland, seconded by Councilman Johnson, the work was accepted; MOTION the Clerk was -authorized to file a Notice of Completion; Work Accepted the Performance Bond was ordered exonerated and reten- tion funds ordered released 35 days after filing the Notice of Completion; and the Labor and Material Bond was ordered exonerated seven months after filing the Notice of Completion. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Orders The Director of Public Services has recommended approval No. 9 and No. 10 of Change Orders No. 9 and No. 10 to the contract with McGrew Construction McGrew Construction Company, Incorporated, Post Office Box 6540, Anaheim, in connection with construction of Assessment Assessment District No. 80-1, MacArthur/Sunflower District No: 80-1 Industrial District. Ch'ange.Order No. 9, in the amount of $13,944.00, is for the property owner's request to modify proposed grading and construction of a vertical face retaining wall. Change Order No. 10, in the amount of $1,252.19, is for potholing found to be necessary in order to protect existing utility lines and to install MOTION 75 feet of street lighting conduit. On motion by Coun- Approved cilman McFarland, seconded by Councilman Johnson, the change orders were approved by the following roll call voter AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement - City A reimbursement agreement with the City of Irvine was of Irvine presented and relates to the Intercity Liaison Committee Transportation Study. The agreement stipulates that the Intercity City of Costa Mesa shall pay its share of the funding Transportation (25 percent) but not to exceed a total of $30,000.00. Study On motion by Councilman McFarland, seconded by Council- man Johnson, the agreement was approved, and the Mayor MOTION and Clerk were authorized to sign on behalf of the City, Approved by.the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None South Coast Area Bids received for construction of the South Coast Area Signal System Signal System are on file in the City Clerk's office. The improvement modifies traffic signals at the inter- sections of Bristol Street at Baker Street and on MOTION Bristol Street at Sunflower Avenue. On motion by Awarded to Councilman McFarland, seconded by Councilman Johnson, Paul Gardner the contract was awarded to Paul Gardner Corporation, 901 South Sultana Avenue, Ontario, in the amount of $193,560.00, and the Mayor and Clerk were authorized to sign:the agreement on behalf of the City. 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 Santa Ana The Orange County Transportation Commission and the Transportation Orange County Transit District have requested a position Corridor from the Costa Mesa City Council regarding the Santa Ana Transportation Corridor, and the studies of rapid tran- sit alignments and stations in the City. MOTION On motion by Councilman McFarland, seconded by Council - Council Position man Johnson, and carried 5-0, the following position Adopted was adopted: Council supports the continued study of rapid transit service.for central Orange County and alignments on MacArthur Boulevard, Bristol Street, Sun- flower Avenue, and Anton Boulevard. Council believes Anton Boulevard will provide the best access to high density developments in Costa Mesa and that good access to the South Coast Plaza/Town Center area is essential to the success of the system. Council concurs that extensions south along Bristol Street to Route 55 should be studied. Council also believes alignments on Bristol Street should not be rejected as long as the vehicular capacity of the street is not reduced, and the transit facility is architecturally compatible with the sur- rounding developments. Contract Renewal - The Director of Public Services has recommended renewal Bid Item 456 "A" of the existing contract with Signal Maintenance, Incor- Traffic Signal porated, 2720 East Regal Park Drive, Anaheim, relating Maintenance to Bid Item 456 "A", Traffic Signal Maintenance. The renewal includes an increase of the monthly charge per intersection from $44.53 to $48.09 (eight percent) and an increase of eight percent in extra work costs as shown in rate schedule designated Exhibit "A". MOTION On motion by Councilman McFarland, seconded by Council - Approved man Johnson, the contract renewal, including price increase, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS:" None ABSENT: COUNCIL MEMBERS: None Agreement - Greer An agreement was presented between the City and Greer and Company and Company, 4095 East:La Palma Avenue, Suite L, Anaheim", in the amount of $6,690.00. The agreement is for prepar- Signal System for ation of plans and specifications to rebuild traffic East 17th Street signals, and to extend the Centralized Signal System along East 17t"h Street and to replace the antiquated street lighting. MOTION On motion by Councilman McFarland, seconded by Council - Approved man Johnson, the agreement was approved, and the Mayor and Clerk were authorized to"sign,on behalf of the City, by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Orange County On motion by Councilman McFarland, seconded by Council - Arts Alliance man Johnson, Resolution 82-47, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION APPROVING ORANGE COUNTY ARTS ALLIANCE PLANNING PROGRESS Resolution 82-47 FOR THE DEVELOPMENT OF AN ORANGE COUNTY CULTURAL PLAN, Adopted was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Lease of IBM The Purchasing Agent has requested authorization to Card Reader lease one card reader, IBM 2501 Model B-1, 600 CPM. This is a sole source item available from the IBM Corporation at the current rate of $535.30 per month. J 1 MOTION On motion by Councilman McFarland, seconded by Council - Approved man Johnson, rental of -the card reader was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1982-83 .City Former Mayor Alvin Pinkley stated that he would be Budget unable to attend the next regular Council meeting on June 21, 1982, at which time.public discussion will be held regarding the 1982-83 City Budget. In view of the above, he was appearing this evening to submit his .comments. Mr. Pinkley compared the 1982-83 Budget to one of the earliest budgets the City compiled, specifi- cally for.Fiscal Year 1955-56. The comparisons quoted by Mr. Pinkley evidenced the extensive growth of the City since its incorporation. Mr. Pinkley commended the .Council and staff on the 1982-83 Budget which reflects a four percent reduction from the 1981-82 Budget. OLD BUSINESS The Clerk presented for second reading and adoption, R-82-01 Ordinance 82-6, for permission to rezone"property Segerstrom located at the northwest corner of Adams Avenue and Pinecreek Drive from ML and C1 -CP to PDR -UC, in connec- tion with Rezone Petition R-82-01, C. J. Segerstrom and Sons, 3315 Fairview Road., Costa Mesa. A communication has been received from Malcolm C. Ross, C. J. Segerstrom and Sons, confirming their agreement with the City to construct all improvements within public rights-of-way stipulated as conditions for approval of Zone Exception ZE-82-09 relating to the subject property. Eustace Rojas, member of the Orange Coast College Academic Senate, requested information regarding Parcel 3 as stated in the title of Ordinance 82-6. The Devel- opment Services Director responded that the designation "Parcel 3" was a part of the legal description for a portion.of the Segerstrom property and had no connection with the Coast Community College District property. Vice Mayor Hall further explained that the entire project is being considered as Phase I, Segerstrom property, and Phase II, College District property, and that at this time Phase I was the only property being considered for rezoning.. MOTION On motion by Vice Mayor Hall, seconded by Councilman Ordinance 82-6 Johnson, Ordinance 82-6, being AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF PARCELS 2 AND 3 FROM Ml AND C1 -CP TO PRD -UC, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: McFarland ABSENT: COUNCIL MEMBERS: None WARRANTS On motion by Councilman McFarland, seconded by Council - MOTION woman Hertzog, Warrant Resolution 1179 was approved by Warrant 1179 the following roll call vote: Approved AYES: COUNCIL MEMBERS: Schafer, Hall,:Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilman McFarland, seconded by Council - Warrant 1180 woman Hertzog, Warrant Resolution 1180, including Approved Payroll 8211, was approved by the following roll call A communication has been received from Malcolm C. Ross, C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, notifying the City that C. J. Segerstrom has no further interest in using water from the subject well. The Director of Public Services read his memorandum dated April 29, 1982, which details the findings which justify revocation of Encroachment Permit No. 66 and the findings which justify declaration of the well site as a public nuisance. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hall, seconded by Councilman Encroachment McFarland, and carried 5-0, the following action was Permit Revoked taken: and Well Site Declared Public. Encroachment Permit No. 66 was revoked based on the Nuisance findings that neither the required Hold Harmless Agree- ment nor the required rider on applicant's liability insurance policy indemnifying the City were received from the applicant; vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER REPORTS The Assistant City Manager presented Change Order No. 1, reflecting an increase of $62,241.00, to the contract Change Order No. 1 with Architectural' Development Services, 3183-E Airway Architectural Avenue, Costa Mesa, in connection with the Civic Center Development Annex, Phase I, construction of a Communications Center. The change order is necessary because of project delay Civic Center Annex and increase in labor costs as a result of recent nego- - Phase I tiations and clarification of specified items in the original bid package. The adjusted total is $44,221.00 below the second low bid. MOTION On,motion by Vice Mayor Hall, seconded by Councilman Approved Johnson, the change order was approved 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 the public hearing, continued from R-82-02 the meeting of April 5, 1982, for Rezone Petition Crown/Kobor R-82-02, Crown Engineering and Surveying Corporation, 18455 Burbank Boulevard, Suite 204, Tarzana, authorized agent for George Kobor, Post Office Box 5185, Beverly Hills, for permission to rezone property located at 2881 and 2891 Bear Street from R3 to R4. Environmental Determination: Negative Declaration. MOTION On motion by Councilman McFarland, seconded by Council - Held Over woman Hertzog, and carried 5-0, the public hearing was continued to the meeting of. July 6, 1982, as recommended by staff. PUBLIC HEARING The Clerk announced the public hearing, continued from Revocation of the meeting of May 3, 1982, to consider revocation of Encroachment Encroachment Permit No. 66, water well site on the south Permit No. 66 side of Sunflower Avenue approximately 100 feet west of Fuchsia Street, and to declare the well site a public nuisance. A communication has been received from Malcolm C. Ross, C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, notifying the City that C. J. Segerstrom has no further interest in using water from the subject well. The Director of Public Services read his memorandum dated April 29, 1982, which details the findings which justify revocation of Encroachment Permit No. 66 and the findings which justify declaration of the well site as a public nuisance. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hall, seconded by Councilman Encroachment McFarland, and carried 5-0, the following action was Permit Revoked taken: and Well Site Declared Public. Encroachment Permit No. 66 was revoked based on the Nuisance findings that neither the required Hold Harmless Agree- ment nor the required rider on applicant's liability insurance policy indemnifying the City were received from the applicant; PUBLIC HEARING The Clerk announced that this was the time and place set Landscaping for the public hearing to consider levying and collect - Assessment ing assessments during Fiscal Year 1982-83 within City District No. 2 of Costa Mesa Landscaping Assessment District No. 1, Tract 10513, located west of Bear Street and north of the Corona del Mar (73) Freeway. The Affidavit of Pub- lication is on file in the Clerk's office, and a copy of Resolution 82-44, setting the public hearing, was posted in the City Hall lobby as required in the aforementioned resolution. No communications have been received. MOTION On motion by Vice Mayor Hall, seconded by Councilman Resolution 82-49 Johnson, Resolution 82-49, being A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR,FISCAL YEAR 1982-83 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 PUBLIC HEARING The Clerk announced that this was the time and place set Assessment for the public hearing to hear protests or objections to District No. 82-1 the Engineer's Report relating to the proposed construc- Palace and tion and all related matters for Assessment District Sterling No. 82-1, Palace and Sterling. The Affidavit of Publi- cation is on file in the Clerk's office, and notices of the public hearing were mailed to all property owners of record as required by law. The following communications have been received relat- ing to the subject project: A. G. Bazar, Holiday Plaza Apartments, 1955-65.Pomona Avenue, favoring improvements as discussed at the information meeting held on May 25, 1982, specifically improvement of Sterling Avenue. Pursuant to Section 13-387 of the Costa Mesa Municipal Code the well site was declared a public nuisance based on the findings that the concrete block structure drastically inhibits sight distance visability for vehicular traffic both entering and exiting Fuchsia Street; the concrete block -structure restricts pedes- trian accessibility; and the concrete block structure restricts the sidewalk to a width which is in violation of State requirements for handicap (wheelchair) access as set by the Office of the State Architect. PUBLIC HEARING The Clerk announced that this was the time and place set Landscaping for the public hearing to consider levying and collect - Assessment ing assessments during Fiscal Year 1982-83 within City District No. 1 of Costa Mesa Landscaping Assessment District No. 1, Tract 9901, located south of Sunflower Avenue and east of Smalley Road. The. -Affidavit of Publication is on file in the Clerk's office, and a copy of Resolution 82-43, setting the public hearing, was posted in the City Hall lobby as required in the aforementioned resolution. No communications have been received. MOTION On motion by Councilman McFarland, seconded by Council - Resolution 82-48 woman Hertzog, Resolution 82-48, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1982-83 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 to consider levying and collect - Assessment ing assessments during Fiscal Year 1982-83 within City District No. 2 of Costa Mesa Landscaping Assessment District No. 1, Tract 10513, located west of Bear Street and north of the Corona del Mar (73) Freeway. The Affidavit of Pub- lication is on file in the Clerk's office, and a copy of Resolution 82-44, setting the public hearing, was posted in the City Hall lobby as required in the aforementioned resolution. No communications have been received. MOTION On motion by Vice Mayor Hall, seconded by Councilman Resolution 82-49 Johnson, Resolution 82-49, being A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR,FISCAL YEAR 1982-83 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 PUBLIC HEARING The Clerk announced that this was the time and place set Assessment for the public hearing to hear protests or objections to District No. 82-1 the Engineer's Report relating to the proposed construc- Palace and tion and all related matters for Assessment District Sterling No. 82-1, Palace and Sterling. The Affidavit of Publi- cation is on file in the Clerk's office, and notices of the public hearing were mailed to all property owners of record as required by law. The following communications have been received relat- ing to the subject project: A. G. Bazar, Holiday Plaza Apartments, 1955-65.Pomona Avenue, favoring improvements as discussed at the information meeting held on May 25, 1982, specifically improvement of Sterling Avenue. Karen Fox, 1933 Wallace Avenue, opposing improvement of Palace Avenue at property owners' expense because the thoroughfare is used by the public, and that there was no need for any improvement of Palace Avenue. David V. Schweitzer, 1939 Wallace Avenue, opposing the Assessment District since his tenants do not use Palace Avenue and the proposed assessment for his property would result in an increase of tenants' rents. Vincent La Fontaine, 861 Senate Street, Costa Mesa, owner of property located at 1945 Pomona Avenue, opposing the project because of the high cost of the assessment. Lois Mullen, 1951=B Wallace Avenue, opposed the Assess- ment because, in her opinion, Palace Avenue was not in need of improvement. Almeron N. Jones, President, Harbor Body Works, 2076 Placentia Avenue, opposing the Assessment District, specifically improvement of Palace Avenue, and stating five reasons for his opposition. Dorothy M. Long and Charles B. Long, Jr., 2038 Wallace Avenue, expressed concern that if Sterling Avenue is improved, their property would be enclosed on all four sides, and the flooding that takes place seasonally will become more serious. Also, that unless the City can provide drainage from the rear of their property to a sewer, they would very much oppose the planned improve- ments. Fred and Lutie Lindeman, 2073-A Wallace Avenue, opposing improvement of Palace Avenue unless it is at City expense. Robert N. Monson, Post Office Box 2232, Costa Mesa, owner of property located at 1915 Wallace Avenue, opposing improvement of Palace Avenue because he felt it was not needed. Roy M. Watkins, 1611 Kings Road, Newport Beach, owner of property at 774-786 West 19th Street and containing eight retail stores, opposed improvement of Palace Avenue because he felt the alley was in good repair and the improvement would be of no benefit to his property. Robert Haynes, 1971 Wallace Avenue, opposed property owner assessment for the improvements, stating that paving the existing thoroughfare should be funded from property taxes. Maria and Thomas Castro, 721 West 20th Street, stated they would not be able to pay the assessment because of Mr. Castro's unemployment due to illness, and any additional liability would possibly lead to their selling the property. Mr.'and Mrs. Ray Hubbard, 656 Surf Street, Costa Mesa, owners of property located at 1966 Placentia Avenue, felt they should be excluded from the Assessment Dis- trict because that portion of Palace Avenue near their property was not in need of extensive construction, only periodic maintenance. S. E. Briggs, 1845 Monrovia Avenue, Apartment 76, oppos- ing the high cost of the improvement since it would not benefit his property and would result in raising rentals by $125.00 per month. Mr. and Mrs. Jack Kaylor, 446 East 19th Street, did not,oppose the proposed improvements, only the method -of funding. Craig Combs, 2029 Pomona Avenue, stated his willingness to dedicate land required to provide for street improve- ments of Sterling Avenue but not willing to be assessed for costs._ Joan Berry, 1958 Placentia Avenue, opposed assessment for paving an existing street. Attorney Joseph R. Davis, on behalf of Randal McCardle, owner of property at 2061-69 Wallace Avenue, gave a detailed explanation of why Mr. McCardle opposed the assessment for the proposed improvement of Palace Avenue. Felix Van Beek, .2220 Donnie Road, Newport Beach, owner of property located at 2030-34 Placentia Avenue, expressed his opinion that property taxes should be used to pay for the proposed improvements. Dean Crissman, President, Crissman's Rentals, Incorpor- ated, 1954 Placentia Avenue, expressed disapproval of the assessment, especially for Palace Avenue, because he felt it was unfair to the property owners who made dedications. And the last communication, received from Larry Warlau- mont, owner of.property located at 789 West 20th Street, expressing disapproval of the Assessment District because he felt that taxes should be utilized to main- tain streets and alleys, and that the assessment is an excessive amount. The Director of!Pub.lic Services introduced F. MacKenzie Brown, Attorney contracted by the City for legal ser- vices relating to the Assessment District. Mr. Brown introduced Ronald Wolford of Berryman and Stephenson, Incorporated, engineering consultants for the City in connection with the proposed improvements. Mr. Wolford gave a slide presentation and summarized the work to be done i.n the Assessment District. The City Clerk reported that pursuant to the provisions of the Streets and Highways Code, notice has been given in the manner and form as required by law, and the Certificate of Mailing,Notice and Filing Boundary Map are on file. Charles Long, 2038 Wallace Avenue, stated that he was concerned about the drainage problem on his property and would not be opposed to the Assessment District if ,the improvements included alleviating the seasonal flooding. Mrs. Israel Berkowitz, 2058 Placentia Avenue, reported that there was a street sign for Palace Avenue but noticed that sometime in the past few weeks, the sign had been removed. The Director of Public Services responded that he would investigate whether or not the sign was removed by City employees. Hank Hornsveld, 770 West 19th Street, opposed Palace Avenue being improved at the expense of the property owners and expressed his opinion that the cost of pav- ing was extremely high. Mr. Hornsveld suggested that the City pay for the proposed improvements. He also reported that there are many.parking violations on Palace Avenue, however, vehicles are allowed to remain for indefinite periods of time. Mr. Hornsveld submitted photos to the Council. Councilman McFarland responded that gas tax funds could not be used for alley improvements. Mr. Hornsveld responded that the City could pay for this project from City general funds. The Director of Public Services reported that City -owned property within the District was being assessed, and the City was also contributing $124,000.00 from Housing and Community Development Act funds towards the proposed improvements. Almeron Jones, 2076 Placentia Avenue, expressed his opinion that the assessment was unfair, and asked if Palace Avenue was an alley. -The Director of Public Services responded that Palace Avenue is considered an alley and was designated "Avenue" only because at one time the City had intended to widen Palace to 60 feet. Mr. Jones also stated that he felt traffic problems would increase if Palace Avenue is improved. Roy Watkins, owner of property at 774-786 West 19th Street, stated that he opposed the improvement of Palace Avenue because the alley was not used by his tenants and in view of.this, he should not be included in the Assessment District. Dean Crissman, 1954 Placentia Avenue, opposed the Palace Avenue improvement under any circumstances. He also voiced his concern that paving would create additional traffic problems. Mr. Crissman submitted photographs of the area. Robert Monson, owner of property on Wallace Avenue, stated Palace Avenue was not in need of improvement and he also presented photographs -to the Council. Henry Plascencia, 1950 Wallace Avenue, reported he had dedicated 30 feet for Sterling Avenue. He stated that he felt the assessment was unfair and that the City should pay for the improvements. Al Bazar, 1955-65 Pomona Avenue, spoke in support of improving Sterling Avenue, and asked when the project would be completed, if approved. Ronald Wolford of Berryman and Stephenson, Incorporated, responded that if the Assessment District is approved, work could begin approximately January, 1983, and be completed by April, 1983. Sid Soffer, 900 Arbor Street, Costa Mesa, asked for the legal definition of an alley, and the Director of Public Services responded that the Vehicle Code definition refers to traffic matters, while the Streets and Highway Code definition relates to funding. Mr. Soffer stated that the Vehicle Code definition of an alley is 25 feet or less and felt this should be the authoriative defini- tion. Ron Powell, representing his mother, Anne Van Heems- kerck, 2087 Wallace Avenue, asked to whom notices of the hearing were mailed, and the Director of Public Services responded that letters went out to property owners of record. Mr. Powell further stated that his mother was on a fixed income and the proposed assessment would create a hardship. He also expressed concern over addi- tional traffic problems if improvements are made. Charles Long spoke again, directing his comments to Councilman McFarland, and stated that he opposes the Assessment District if the improvements do not alleviate the drainage problem on his property. Steve Marx, 1950 Placentia Avenue, spoke in opposition to the proposed project, stating he preferred to enclose his property with a fence. Karen Fox spoke again stating that if property owners pay for the improvement on Palace Avenue, the public should be prohibited from using it; and if the alley is to be for public use, then all citizens should pay their share. Councilman McFarland asked that, for clarification, an explanation be made regarding protest and yes votes. F. MacKenzie Brown, consulting attorney for the City, responded that the law requires that only protests be filed. If protests are under 50 percent of the property owners, it is the Council's decision whether or not to proceed. Mr. Y. T. Lee, attorney for Lam Cheong Kwong, owner of property located at 720 West 19th Street which bounds on Sterling Avenue, spoke in opposition to the District and suggested that the City return previously -dedicated _ property to the property owners. Alex Andranian, owner of property at 2044 and 2052 Placentia Avenue, went on record as opposing the project. In response to Councilwoman Hertzog's inquiry, the Director of Public Services reported that if the project is approved, the City would maintain the alleys. Dean Crissman requested confirmation that the City would maintain the alleys, and reiterated his previous state- ment that owners who had dedicated land should not be assessed. Councilman Johnson questioned the Director of Public Services concerning the feasibilty of private alleys, and the Director explained the results if such a deci- sion were made. Martin H. Kahre, 1726 Danbury Avenue, Hesperia, owner of property at 714-718 West 20th Street near Sterling Ave- nue, stated his opinion that if the City had graded the alley he would have been able to rent his house two years ago. Steve Kimble, representing Mr. Mizutani, 777 Hamilton Street, owner of two parcels on Palace Avenue, asked who would reimburse the owner for the fence and build- ing. Ronald Wolford, consulting engineer for the City, replied that there are seven property owners involved in acquisition. He explained that the City appraises the property to be acquired and reimburses the.owner for the appraisal amount. Councilwoman Hertzog asked if an Assessment District could be established only to include Sterling Avenue since there seems to be less disagreement for improve- ment in this area, and the Director of Public Services responded that it could be done. Gloria Castro, 721 West 20th Street, referred to the communication from her parents which stated that the assessment would be a financial burden, and asked that the letter be considered in Council's decision. There being no other speakers, the Mayor closed the public hearing. USE -11C, -.:T , Councilman McFarland stated he appreciated the large number of people who attended to express their concerns. It was his impression that the two greatest concerns were speed on Palace Avenue and who should pay for the improvements. Councilman McFarland reported that tax- payers have already paid $270,000.00 for improvements in the subject area. He also stated that he felt that it was a good program, however, he had questions regard- ing protests, written and oral, such as percentage of protests and whether or not it is valid for a repre- sentative to speak on behalf of the property owner. In view of the above, Councilman McFarland expressed his opinion that this item should be continued for two weeks for further investigation. The City Attorney suggested that the public hearing be continued to a specific Council meeting date that would FIRST AMENDED fall within the time limit of 120 days. MOTION - Hearing Vice Mayor Hall amended his motion, seconded by Council - Continued to man Johnson, to continue the public hearing to September September 20, 1982 20, 1982. Councilwoman Hertzog recommended that the motion include another item regarding property owners who have dedicated property. SECOND AMENDED MOTION - Include Vice Mayor Hall again amended his motion, seconded by Information on Councilman Johnson, adding that if property was dedi- Dedicated cated at an earlier time, records should be made Property available, and a report submitted as to whether or not those property owners will realize an adjustment of their assessment. The Director of Public Services asked for clarification concerning charges to be provided to each property owner, that is, provide them with estimates for both 10 - and 15 -year bonds, 120 and 180 payments. Vice Mayor Hall responded that the information provided to property owners should be presented in as clear a manner as possible. 1 Vice Mayor Hall commented that he believed approxi- mately 31 to 35 percent of the property owners are protesting the Assessment.District. He also expressed his desire to continue the public hearing for longer than the two weeks suggested by Councilman McFarland, possibly as long as the legal time limit. MOTION Public Hearing A motion was made by Vice Mayor Hall, seconded by Mayor Re -opened Schafer, and carried 5-0, to re -open the public hearing. MOTION A motion was made by Vice Mayor Hall to continue the Hearing Continued proceedings for Assessment District 82-1, Palace and for 120 Days Sterling, for the legal time limit of 120 days and that during that continuation, staff be directed to obtain Staff Directed input from as many property owners as possible, with a to Obtain complete explanation to those people as to estimated Additional monthly payments on their taxes for 10- and 15 -year Input bonds, that it be explained to those who dedicate property approximately how much they would be paid for the dedicated property and how much they would be charged back for the property, in other words, that each and every property owner be advised of the total impact upon his property, and that those people submit a written statement as to whether or not they are in favor of the project, then Council will consider this matter again in 120 days and make a determination based on the input of the property owners. The motion was seconded by Councilman Johnson The City Attorney suggested that the public hearing be continued to a specific Council meeting date that would FIRST AMENDED fall within the time limit of 120 days. MOTION - Hearing Vice Mayor Hall amended his motion, seconded by Council - Continued to man Johnson, to continue the public hearing to September September 20, 1982 20, 1982. Councilwoman Hertzog recommended that the motion include another item regarding property owners who have dedicated property. SECOND AMENDED MOTION - Include Vice Mayor Hall again amended his motion, seconded by Information on Councilman Johnson, adding that if property was dedi- Dedicated cated at an earlier time, records should be made Property available, and a report submitted as to whether or not those property owners will realize an adjustment of their assessment. The Director of Public Services asked for clarification concerning charges to be provided to each property owner, that is, provide them with estimates for both 10 - and 15 -year bonds, 120 and 180 payments. Vice Mayor Hall responded that the information provided to property owners should be presented in as clear a manner as possible. 1 lit Attorney F. MacKenzie Brown clarified the fact that the assessment would not appear on the property owner's tax bill but would be a separate billing. He also explained the various ways of obtaining a range of payment which could be presented to the property owners. Vice Mayor Hall responded that he felt that no matter which method was used, it should be.clearly understood by the property owners. The Planning Commission and Planning staff recommended approval subject to conditions. , The applicant was not present. MOTION Councilman McFarland requested that the motion also Permit Approved include that $125,000.54 from Housing and Community Development Act funds is. being contributed to the Assessment District and that this savings will be reflected in each parcel's assessment. The Director Appeal of of Public Services advised that the majority of the ZE-82-62 Council Members had selected this option during an Thunstrom informal poll. THIRD AMENDED Permit to allow the addition of 1,890 -square -foot stor- MOTION -. HCDA Vice Mayor Hall amended his motion to formally include Funds Included the above-mentioned HCDA funds for the Assessment for Improvements District improvements. The amended motion was seconded by Councilman Johnson, and carried 5-0. Mayor Schafer announced that all those property owners within the Assessment District who have not mailed written protests should do so as soon as possible. Recess The Mayor declared.a recess at 9:00 p.m. and the meet- ing reconvened at 9:15 p.m. NEW BUSINESS construction materials will be changed from concrete Clerk presented Encroachment Permit EP -82-02, P. J. EP -82-02 _The Norgaard Company, Post Office Box 1032, Corona, author- Norgaard/Savage ized agent for Earl C. and Peggy Savage, 1953 Monrovia MOTION Avenue, Costa Mesa, for permission to allow encroachment of a block retaining wall into public right-of-way, Deny located at the above address in an R1 zone. Environ- mental Determination: Exempt. The Planning Commission and Planning staff recommended approval subject to conditions. , The applicant was not present. MOTION On motion by Vice Mayor Hall, seconded by Councilman Permit Approved "Johnson, and carried 5-0, Encroachment Permit EP -82-02 ,;was approved, based on the analysis and findings and subject to all*conditions'contained in the Staff Report. Appeal of The Clerk presented an appeal of the Planning Commission ZE-82-62 denial of Zone Exception ZE-82-62 from Rick Thunstrom, Thunstrom 1825 Placentia Avenue, Costa Mesa, for a Conditional Use Permit to allow the addition of 1,890 -square -foot stor- age building to an existing nonconforming building and use (residence and music box repair), with a variance from parking requirements, located at the above address in a CL zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. The Development Services Director summarized the Associate Planner's memorandum dated May 25, 1982, and pointed out that the applicant has indicated that the construction materials will be changed from concrete block to wood frame and stucco in order to make the building easier to move or modify. The applicant was not present. MOTION A motion was made by Councilman McFarland, seconded by Deny Councilwoman Hertzog, to deny the application based on the findings and analysis contained in the Staff Report. 11 SUBSTITUTE MOTION A substitute motion was made by Vice Mayor Hall to Approve approve Zone Exception ZE-82-62 subject to all condi- tions contained in the Staff Report and based on the following findings: (1) Removal of the three deterior- ated temporary storage sheds will improve and enhance that property; (2) Addition of the new building will not adversely affect the surrounding properties since an analysis of the"property in that particular area indicates that the development or redevelopment of subject property as far as CL use is many years into the future; (3) Project will not hinder future commer- cial development of that site because at such time as it may be,developed, the building will probably be demolished and there would be no adverse impact; and (4) The addition, because of the fact that it does border more on a commercial type structure, will bring the property into greater conformity with the particular zone. The motion was seconded by Councilman Johnson, and carried 4-1, Councilman McFarland voting no. Solar Equipment The Clerk presented a Planning Commission recommendation in Residential to direct staff to prepare an ordinance governing the Zones screening of roof -mounted solar equipment in residential zones. A memorandum from the Senior Planner dated June 1, 1982, indicates that existing City ordinances require screen- ing of roof -mounted equipment in commercial and indus- trial zones but not in residential zones. Estimated time to prepare an ordinance and supporting documenta- tion is approximately three months. MOTION After discussion, a motion was made by Vice Mayor Hall, Consolidate with seconded by Councilwoman Hertzog, and carried 5-0, to GP Implementation continue this item until such time as the specific Process issues are resolved under the General Plan implementa- tiW'process. ORAL COMMUNICATIONS Sid Soffer, 900 Arbor Street, Costa Mesa, spoke regard- ing towing of a vehicle from his property, and his Towing of concern over obtaining a hearing date. He also reported Vehicle that he was unable to pay for the towing and storage costs. COUNCILMANIC COMMENTS Councilman Johnson expressed appreciation for the City's cooperation in making the Lion's Club Annual Fish Fry Fish Fry and Carnival a successful event. Rea Community Councilman McFarland spoke concerning his attendance at Center the dedication of Rea Community Center and stated that other cities should become more familiar with this program. He suggested that a report be written for publication in Western Magazine. Councilman McFarland requested that the City Manager's staff prepare the magazine article. League of Cities Councilman McFarland asked if a Council Member would be Conference attending the League of California Cities Annual Legis- lative Conference in Sacramento, June 14-15, 1982. Both Councilman McFarland and Mayor Schafer stated that they would be unable to attend because of prior commitments. Councilman McFarland suggested that one of the other Council Members volunteer -to attend the conference. Route 55 EIS Vice Mayor Hall referred to a memorandum from the Director of Public Services dated May 27, 1982, relating to the Route 55 Environmental Impact Statement (EIS). The Director of Public Services responded to questions brought up by the Vice Mayor concerning the EIS circula- tion and when amendments and comments could be made. 1 The Director of Public Services also reported that a copy of the EIS will probably be available for review prior to approval from Sacramento to circulate it. Council Salary Vice Mayor Hall reported that the Council has not had Increase a salary increase since 1975 and recommended that they increase their salaries. The Council concurred that a five percent increase would be appropriate. MOTION- On motion by .Vice Mayor Hall, seconded by Councilwoman Staff Directed Hertzog, and carried 5-0, staff was directed to prepare to Prepare an ordinance for the meeting of June 21, 1982, reflect - Ordinance ing a five percent increase in Council salaries effec- tive after the election on November 2, 1982. Joint Meeting Mayor Schafer referred to a memorandum from the Director with Sanitary of Public Services regarding solid waste and suggested District Board that a joint meeting with the Costa Mesa Sanitary Dis- trict Board be scheduled on a date agreeable to both the Board and the Council. General Plan Mayor Schafer reported that the General Plan priority Priorities setting process and implementation program will be discussed at the Study Session -of June 14, 1982, at 2:00 p.m. Mayor to Seek Mayor -Schafer announced that she will be seeking Re-election re-election in November, 1982, and read a statement indicating her.willingness to serve another four-year term on the City council. ADJOURNMENT The Mayor declared the meeting adjourned at 10:10 p.m. Mayor of the City of C A. Mayor Mesa ATTEST: 6;) C' y Clerk of the City of Costa M a 113