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HomeMy WebLinkAbout09/20/1982 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 20, 1982 The City Council of the _City of Costa Mesa, met in regular session on September 20, 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 Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Jim Brown, Mesa Bible Chapel. ROLL CALL Council Members Present: Schafer, Hall, Hertzog, Johnson Council Members Absent: McFarland Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Councilwoman Hertzog, seconded by Council - September 7, 1982 man Johnson, and.carried 4-0, the minutes of the regular adjourned meeting and the regular meeting of September 7,.1982, were approved as distributed and posted. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilman Johnson, and carried 4-0, to read all ordi- nances by title only. CONSENT CALENDAR On motion by Councilwoman Hertzog, seconded by Council- man Johnson, all Consent Calendar items were approved _ in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland READING FOLDER On motion by Councilwoman Hertzog, seconded by Council- man Johnson, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims were received by the City Clerk from the following claimants: Barbara Royal, on behalf of Beth Barmore, a minor; and Thomas Twellman. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi - Licenses sion from: Smith's Food King No. 1, doing business at 2975 Harbor Boulevard; Jeff E. and Lynne W. MacDonald, doing business as The Milk Palace, 840 West 19th Street; and E. Hazel Sargenti and Richard L. Smith, doing business as Sargenti's, 843 West 19th Street. Election Resolution from the City of La Habra urging that Ballots and all ballots and ballot materials be printed in Materials English only and that sample ballots be printed in at least ten -point type. Local Agency Resolutions from the Local Agency Formation Com - Formation mission approving the following annexations to Commission the Costa Mesa Sanitary District: Engineer's No. 204 Annexation located in the general area of Fair Drive and Newport Boulevard; Engineer's No. 205 Annexation located in the general area of Fair Drive, Newport Boulevard, and Vanguard Way; and Engineer's No. 206 Annexation located in the general area of Harbor Boulevard and Fair Drive. Public Utiliies Service Notification from the Public Utilities Commission Commission regarding Application No. 82-08-55, Funbus Systems, Incorporated, for a Certificate of Public Convenience and Necessity to operate round trip loop sightseeing tours between points in Orange County and Los Angeles County. Notice of Filing from the Public Utilities Com- mission of Application 82-09-10 by Southern California Gas Company to increase rates by $5,449,000.00 per year. Notice of Filing from the Public Utilities Com- mission of Application 82-09-11 by Southern California Gas Company to increase rates by $4,758,000.00 per year. October 4, 1982: For California Pacific Proper- ties Corportion, authorized agent for Montgomery Montgomery Ward Ward Development Corporation, One Montgomery Plaza, 23-S, Chicago, Illinois, for property located at 3088 Bristol Street: E IR Environmental Impact Report. SP-82-OIA Specific Plan SP -82-01A, to amend the building height, setback, and floor area ratio provi- sions, and to allow an exception to the maximum floor area ratio of Specific Plan SP -82-01. R-82-10 Rezone Petition R-82-10, for permission to rezone property from Cl to PDC. Flood Plain October 4, 1982: Proposed ordinance amending the Land Use City's flood plain land use and development reg - Ordinance ulations to incorporate construction standards for mobile homes and mobile home parks and sub- divisions. Condemnation November 1, 1982: Resolution of Necessity to on 19th Street condemn property located at 132 East 19th Street, designated Parcel 28, for the 19th Street widen- ing project. SP -78-02 November 1, 1982: Reconsideration of Specific Plan SP -78-02 (Baker Street and Paularino Avenue) to evaluate alternative improvement options for the Randolph Avenue extension. ADMINISTRATIVE The Director of Leisure Services has requested approval ACTIONS of Change Order No. 1, in the amount of $1,258.49, r Notice of Filing and Public Hearing from the Public Utilities Commission for Application 82-09-12, Southern California Gas Company and Pacific Lighting Gas Supply Company to increase rates by $733,724,000.00 per year. BUSINESS PERMIT A request has been received from Licorice Pizza, 1813 Licorice Pizza Newport Boulevard, Costa Mesa, for a permit to hold a dance contest on the sidewalk at the above location on September 25, 1982, from 2:00 p.m. to 5:00 p.m. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, and carried 4-0, the permit was granted sub- ject to all conditions recommended by staff. SET FOR PUBLIC HEARING On motion by Councilwoman Hertzog, seconded by Council- man Johnson, and carried 4-0, the following items were set for public hearing on the dates indicated: October 4, 1982: For California Pacific Proper- ties Corportion, authorized agent for Montgomery Montgomery Ward Ward Development Corporation, One Montgomery Plaza, 23-S, Chicago, Illinois, for property located at 3088 Bristol Street: E IR Environmental Impact Report. SP-82-OIA Specific Plan SP -82-01A, to amend the building height, setback, and floor area ratio provi- sions, and to allow an exception to the maximum floor area ratio of Specific Plan SP -82-01. R-82-10 Rezone Petition R-82-10, for permission to rezone property from Cl to PDC. Flood Plain October 4, 1982: Proposed ordinance amending the Land Use City's flood plain land use and development reg - Ordinance ulations to incorporate construction standards for mobile homes and mobile home parks and sub- divisions. Condemnation November 1, 1982: Resolution of Necessity to on 19th Street condemn property located at 132 East 19th Street, designated Parcel 28, for the 19th Street widen- ing project. SP -78-02 November 1, 1982: Reconsideration of Specific Plan SP -78-02 (Baker Street and Paularino Avenue) to evaluate alternative improvement options for the Randolph Avenue extension. ADMINISTRATIVE The Director of Leisure Services has requested approval ACTIONS of Change Order No. 1, in the amount of $1,258.49, r r relating to the contract with John C. Ettlin, 25371 Change Order Yacht Drive, Dana Point, in connection with Renovation No. 1 - Ettlin of Slopes and Installation of Drainage System at Marina View Park. The additional amount is requested for an Marina View Park additional 315 square feet of concrete walkway. On motion by Councilwoman Hertzog, seconded by Councilman MOTION Johnson, the change order was approved by the following Change Order roll call vote: Approved AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson - NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Agreement - Young An agreement was presented, between the City and Arthur Young and Company, 3200 Park Center Drive, Costa Mesa, Retirement Plan for preparation of the annual audit of the Safety Audit Services Employees Retirement Plan. The contract stipulates payment by the City of $9,000.00. On motion by Council - MOTION woman Hertzog, seconded by Councilman Johnson, the Agreement Approved agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Agreement - Olsen An agreement was presented, between the City and Owen Olsen, 4880 Lincolnshire Avenue, Buena Park, for Retirement accounting services for the Safety Employees Retirement Plan Accounting Plan. The contract stipulates payment by the City of Services $4,000.00 for Fiscal Year 1982-83. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Prohibition.of The Traffic Commission has recommended prohibition of Parking on parking on the westerly curb of Airway Avenue 75 feet Airway Avenue northerly of McCormick Avenue in order to improve sight distance for motorists. On motion by Councilwoman MOTION Hertzog, seconded by Councilman Johnson, Resolution Resolution 82-71 82-71, being A RESOLUTION OF THE CITY COUNCIL OF THE Adopted CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF AIRWAY AVENUE AT McCORMICK AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Prohibition of The Traffic Commission has recommended prohibition of Parking on parking on both curbs of Tustin Avenue from 200 feet Tustin Avenue southerly to 200 feet northerly of East 17th Street in order to facilitate installation of left -turn lanes MOTION approaching East 17th Street. On motion by Councilwoman Resolution 82-72 Hertzog, seconded by Councilman Johnson, Resolution Adopted 82-72, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF TUSTIN AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Change Orders The Director of Public Services has requested approval No. 3 and No. 4 - of Change Orders No. 3 and No. 4, totaling $10,109.07, X04 All American relating to the contract with All American Asphalt, 932 Asphalt Town and Country Road, Orange, in connection with 1981- 82 Street Maintenance, Phase II. The change orders are Street Maintenance being requested for additional work found necessary for Industrial Area. The change order is requested to the project, and also for compensation for mobilization MOTION and sawcutting. On motion by Councilwoman Hertzog, Change Orders seconded by Councilman Johnson, the change orders were Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, NOES: COUNCIL MEMBERS: None Johnson ABSENT: COUNCIL MEMBERS: McFarland NOES: COUNCIL MEMBERS: None Hill ABSENT: COUNCIL MEMBERS: McFarland Change Order The Director of Public Services has requested approval No. 3 - Pacific of Change Order No. 3, in the amount of $10,395.40, Soils relating to the contract with Pacific Soils Engineering, Incorporated, 17909 Fitch Street, Irvine, in connection Assessment with Assessment District No. 80-1, Sunflower/MacArthur District No. 80-1 Industrial Area. The change order is requested to include inspection and testing on extended improvements. MOTION On motion by Councilwoman Hertzog, seconded by Council - Change Order man Johnson, the change order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Agreement - CH2M An agreement was presented, between the City and CH2M Hill Hill, 1301 Dove Street, Suite 800, Newport Beach. The contract stipulates payment by the City of $27,280.00 Bristol Street for professional engineering services for the design Crossing of the Bristol Street crossing at the Santa Ana -Delhi Channel. On motion by Councilwoman Hertzog, seconded MOTION by Councilman Johnson, the agreement was approved, and Agreement Approved 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, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Quality Ambulance A memorandum from the City Attorney, dated September 16, Service License 1982, was presented. The memorandum relates to the Orange County Health Officer's denial of a license to Quality Ambulance Service, Incorporated, to provide ambulance service within the City of Costa Mesa. The denial was on the basis that there was no showing of a public need for additional services. Quality Ambulance is appealing that denial to the City of Costa Mesa and requested that a hearing officer be appointed to conduct the hearing. The Assistant City Manager has agreed to serve as such a hearing officer. On motion by Council - MOTION woman Hertzog, seconded by Councilman Johnson, and Hearing Officer carried 4-0, the Assistant City Manager was appointed Appointed to serve as hearing officer and was directed to report his findings and recommendations to the Council. Bid Item 556 - Bids received for Bid Item 556, One Greens Mower, are Greens Mower on file in the Clerk's office. On motion by Council- woman Hertzog, seconded by Councilman Johnson, the MOTION contract was awarded to Toro Pacific Distributing Awarded to Company, Incorporated, 19515 East Walnut Drive North, Toro Pacific City of Industry, in the amount of $9,485.94, being the lowest bid meeting specifications. The motion carried by the following roll call vote AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Bid Item 557 Bids received for Bid Item 557, City's Annual Report, Annual Report are on file in the Clerk's office. On motion by Coun- r M cilwoman Hertzog, seconded by Councilman Johnson, the MOTION contract was awarded to Gem Printers, Incorporated, Awarded to 3190-F Airport Loop Drive, Costa Mesa, in the amount of Gem Printers $9,031.00 plus tax, being the lowest bid meeting speci- fications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Bid Item 558 Bids received for Bid Item 558, One Seven -Gang Hydraulic Hydraulic Lawn Lawn Mower, are on file in the Clerk's office. On Mower motion by Councilwoman Hertzog, seconded by Councilman Johnson, the contract was awarded to C. R. Jaeschke, MOTION Incorporated, 8923 Complex Drive, San Diego, in the Awarded to amount of $12,932.00, being the lowest bid meeting Jaeschke specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Bid Item 559 Bids received for Bid Item 559, Two Small Truck Type Truck Chassis Chassis and Long Box Assessory, are on file in the Clerk's office. On motion by Councilwoman Hertzog, MOTION seconded by Councilman Johnson, the -contract was awarded Awarded to to Cushman Motor Sales, Incorporated, in an approximate Cushman Motor amount of $13,335.00, being the lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None - ABSENT: COUNCIL MEMBERS: McFarland Bid Item 560 Bids received for Bid Item 560, Various Trucks, are on Various Trucks file in the Clerk's office. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, a contract was MOTION awarded to Theodore Robins Ford, 2060 Harbor Boulevard, Exhibit "A" Awarded Costa Mesa, for Exhibit "A", Three Pickup Trucks, in to Theodore Robins the amount of $19,512.00, being the lowest bid meeting Ford specifications, and bids for Exhibits "B" and "C" were rejected. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Bid Item 564 Bids received for Bid Item 564, Electrical Modification Modification of to the City's Computer Room, are on file in the Clerk's Computer Room office. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, the contract was awarded to Belco MOTION Electric, Incorporated, 7014 Marcelle Street, Paramount, Awarded to in the amount of $7,465.00, being the lowest bid meeting Belco Electric specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Purchase of On motion by Councilwoman Hertzog, seconded by Council - Rebuilt Printing man Johnson, the City Manager was authorized to negoti- Press from A. B. ate for purchase of a factory rebuilt printing press Dick Company from A. B. Dick Company, sole source vendor, Post Office Box 1206, Cerritos, in an amount not to exceed $13,500.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson None McFarland Conference A Conference Advance request, in the amount of $380.00, Advances was presented. The advance is for a police officer to attend the Personnel Management Course in San Diego, MOTION October 25-29, 1982. On motion by Councilwoman Hertzog, Advance seconded by Councilman Johnson, the request was approved Approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland r Conference Advance requests, in the amounts of $400.00 and $415.00, were presented. The advances are for two MOTION police officers to attend Legal Education Update Con - Advances ference in Palm Springs, October 18-22, 1982. On motion Approved by Councilwoman Hertzog, seconded by Councilman Johnson, the requests were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland HCD Public As detailed in his memorandum of September 15, 1982, Service Programs the City Manager requested authorization to enter into Secondary Recipient Agreements for the following Hous- ing and Community Development (HCD) public service programs in the amounts indicated: Harbor Area Adult Day Care, $27,200.00; Orangewood, $46,000.00; and Orange Coast Interfaith Shelter (emergency housing), $95,000.00. At their meeting of September 14, 1982, the Housing and Community Development Committee MOTION concurred with the above recommendation. On motion by Agreements Councilwoman Hertzog, seconded by Councilman Johnson, Approved the request was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland IBM Maintenance Three agreements with International Business Machines Agreements (IBM), Incorporated, 445 South Figueroa Street, Los Angeles, were presented. The agreements are for mainte- nance services for computer hardware and software at the MOTION monthly rates of $220.00, $340.00, and $2,504.00. On Agreements motion by Councilwoman Hertzog, seconded by Councilman Approved Johnson, the agreements were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland OLD BUSINESS On motion by Vice Mayor Hall, seconded by Councilman R-82-09 Johnson, Ordinance 82-14, being AN ORDINANCE OF THE CITY Gianulias COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY LOCATED AT 3150 BRISTOL STREET MOTION FROM Cl TO PDC, in connection with Rezone Petition Ordinance 82-14 R-82-09, James C. Gianulias/Bristol Plaza, was given Adopted second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland r 3 Wallace -Sterling The Clerk presented from the meeting of August 16, 1982, Neighborhood proposed disposition of three sites in the Wallace - Strategy Area Sterling Neighborhood Strategy Area. A letter has been received from Anne Shereshevsky, 2152 Elden Avenue, Apartment No. 1, Costa Mesa, member of the Housing and Community Development (HCD) Committee, supporting the continued negotiations with HUD to transfer the senior citizens housing units requested by Harbor Bible Church to an undesignated site; and requesting that a joint City Council/HCDC Study Session be scheduled to discuss locating property for the senior citizens project other than the three sites previously planned for family units. The City Manager reported that at their meeting of September 14, 1982, the HCD Committee made the same recommendations as contained in the above mentioned communication from Mrs. Shereshevsky. Joint Study Mayor Schafer suggested, and the Council agreed, that Session to be this item be continued until a joint Study Session can Scheduled be scheduled. WARRANTS On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, Warrant Resolution 1190, including Payroll MOTION 8219, was approved by the following roll call vote: Warrant 1190 AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Approved Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland CITY MANAGER REPORTS The City Manager presented a program for special trash pickup within the City as outlined in his memorandum of Special Trash September 15, 1982. The purpose of the program is Pickup Program three -fold: (1) To assist residents of the community An cleaning up their property and disposing of items not normally picked up by the City's refuse hauler; (2) To aid in the removal of discardable items from private property which could constitute a fire hazard; and (3) To provide an alternative means of removing items which might otherwise be dumped illegally on vacant lots. The program will be available to all households which are currently served by the City's refuse hauler. The City's refuse hauler, Orco Disposal, 2051 Placentia Avenue, Costa Mesa, has submitted a proposal for a base cost of $22,020.00 for a nine -week program plus costs for gate fees at the Coyote Canyon Land Fill which will become effective October 1, 1982. MOTION. On motion by Vice Mayor Hall, seconded by Councilwoman Contract and Hertzog, the City Manager was authorized to execute a Budget Adjustment contract with Orco Disposal; and a Budget Adjustment, Approved in the amount of $27,000.00, was approved. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Consortium Cities The City Manager presented a new agreement between the Agreement National Center for Municipal Development, Incorporated, and the six consortium cities consisting of Anaheim, Garden Grove, Santa Ana, La Habra, Orange, and Costa Mesa. The agreement provides for the services of a Washington representative, stipulates a membership fee of $5,000.00, and a nonrefundable City service fee of $5,000.00. The previous contract was in the amount of $22,000.00. MOTION A motion was made by Councilman Johnson, seconded by Agreement Mayor Schafer, approving the agreement and authorizing Approved the City Manager to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland PUBLIC HEARING Assessment District The Clerk announced the public hearing, continued from No. 82-1, Palace the meeting of June 7, 1982, to consider formation of and Sterling Assessment District No. 82-1, Palace and Sterling. The Director of Public Services referred to his letter dated September 15, 1982, which contains staff's recom- mendations. Included with the above letter was a report prepared by Berryman and Stephenson, Incorporated, consultants to the City for the proposed district. In accordance with Council's request, the report contains the methods used, the information provided to the property owners, and the results of these contacts. The Director read the recommendations contained in his September 15 communication: (1) Form Assessment District for Palace, from 20th Street to Hamilton Street; and for Sterling, from 19th Street to Owens Street. (2) .Delete from the proposed Assessment District that portion of Palace from 19th Street to 20th Street. (After investigation, staff determined that the southerly portion of Palace from 19th Street to 20th Street was initially paid for by those property owners approximately 15 years ago.) (3) Utilize approximately $18,000.00 of previously authorized City contribution of $125,000.00 to cover necessary work on the southerly portion of Palace. Remainder of funds to be utilized to offset the Assessment District costs. Steve Marx, owner of property at 1950 Placentia Avenue, located near the southerly portion of Palace, reported that he was not contacted for special meetings with the City's consultants. The Director of Public Services responded that this area was being deleted from the proposed Assessment District and therefore property owners were not contacted. Henry Plascencia, owner of property at 1950 Wallace, located near the southerly portion of Sterling, stated that he would support the Assessment District only if the improvements included more than repaving the road. Mr. Plascencia submitted photographs to support his contention that the area was in an extremely deteri- orated condition due to trash being stored on many of the surrounding properties. He also stated that road paving alone would not benefit him since it would only increase traffic. Mr. Plascencia reiterated his _ opinion that the improvements should include beautifi- cation of the neighborhood. Councilwoman Hertzog suggested that the City make an inspection of that area because of the trash and inoperable vehicles which exist there. Al Bazar, owner of property at 1955-65 Pomona Avenue, located near the southerly portion of Sterling, spoke in support of the proposed district. Sid Soffer, 900 Arbor Street, Costa Mesa, again brought up the issue of the definitions of a street and an alley. He voiced his opinion that the improvements can be made using gas tax funds. The Director of Public Services expressed his agreement that a street can be an alley and vice versa, however, the State defines an alley as a facility that does not exceed 25 feet in width. He also reported that the Streets and Highways Code states that the widths of all City streets, except State highways, bridges, alleys, and trails shall be at least 40 feet. The Director of Public Services then addressed the question of whether or not gas tax money can be spent for alley improvements. He stated that after discussion with the City's auditor concerning Section 1805 of the Streets and Highways Code, it was their interpretation that the governing body of any city may adopt a resolu- tion, passed by a four-fifths vote of its membership, determine that the public convenience and necessity demand the acquisition, construction, and maintenance of a street less than 40 feet in width and after such determination, proceed with the acquisition, construc- tion, and maintenance of any street. He further reported that his interpretation is that until such time as the governing body declares a facility less than 40 feet in width to be eligible, no gas tax money will be spent on that facility. Mr. Soffer expressed his disagreement with the above interpretation and voiced his opinion that there is no limitation for the use of gas tax funds. Almeron Jones, owner of property at 2076 Placentia Avenue, near the northerly portion of Palace, voiced his opposition to the proposed district. He also asked for the results of the post card survey he had conducted. Mr. Jones distributed post cards to the property owners who were to mail responses to the City Clerk. George McFarlin, attorney with the law firm'of Brown and Nazarek, Assessment District attorneys for the City, reported that his office had received copies of the post card responses, however, they were not tabu- lated. The Director of Public Services stated that he could have a tabulation done and -the information ready for Mr. Jones in a few days. Ron Powell, representing his mother, Anne Van Heems- kerck, owner of property at 2087 Wallace Avenue, located near the northerly portion of Palace, spoke in opposition to the improvements and suggested that Palace be deleted from the proposed district. There being no other speakers, the Mayor closed the public hearing. During discussion, Vice -Mayor Hall expressed his opinion that Council should address the possibility of consider- ing each facility on its own merits. The Development Services Director pointed out that the Specific Plan for Palace and Sterling directs that R3 zoning is justified if lots are combined, however, this will not apply to any facility which is deleted from the Assessment District. George McFarlin, Assessment District attorney, advised the Council that the boundaries of the proposed dis- trict can be changed to eliminate any portion the Council desires. POTION - Southerly A motion was made by Vice Mayor Hall, seconded by Portion of Palace Councilwoman Hertzog, to delete from the proposed Deleted from Assessment District the southerly portion of Palace District between 19th and 20th Streets. The motion carried 4-0. MOTION - City On motion by Vice Mayor Hall, seconded by Councilwoman Funds Approved for Hertzog, authorization was given to utilize $18,000.00 Southerly Portion of a previously authorized City contribution to cover of Palace necessary work on the southerly portion of Palace, from 19th Street to 20th Street. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland MOTION - Northerly On motion by Vice Mayor Hall, seconded by Councilman Portion of Palace Johnson, and carried 4-0, the northerly portion of Deleted from Palace, from 20th Street to Hamilton Street, was District deleted from the proposed Assessment District. Vice Mayor Hall commented that as the Development Services Director stated previously, the City does have a lot combination incentive program and if those prop- erty owners in the Palace area are not going to be involved in the Assessment District, lot combination requests should be denied. Lengthy discussion followed concerning the boundary change of the Disrict, and it was pointed out by George McFarlin that there would not be a significant differ- ence in costs to the property owners in the Sterling area. Councilwoman Hertzog suggested that a vote be delayed until after Sterling had been posted because of her concern over costs to those who cannot afford them. George McFarlin reported that prior to establishing the Assessment District, this matter will be brought back to the Council to accept the boundary map, to declare intention to construct certain improvements, to give preliminary approval of the Engineer's Report, to authorize call for construction bids, and to set a public hearing. In response to Councilwoman Hertzog's inquiry, Philip R. Pierce of Berryman and Stephenson, the City's Assessment District consultants, stated that of the property owners surveyed, only six letters were returned as undeliver- able. MOTION On motion by Vice Mayor Hall, seconded by Councilman Resolution 82-73 Johnson, Resolution 82-73, being A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING CHANGES AND MODIFICATIONS TO THE PROCEEDINGS AND WORKS OF IMPROVEMENT TO BE CONSTRUCTED IN A SPECIAL ASSESSMENT DISTRICT, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Vice Mayor Hall made a motion to adopt a resolution approving the report and overriding objections. After brief discussion, the motion was withdrawn. MOTION On motion by Vice Mayor Hall, seconded by Councilman Resolution 82-74 Johnson, Resolution 82-74, being A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS, AND OVERRULING AND DENYING PROTESTS IN A SPECIAL ASSESSMENT DISTRICT, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland MOTION On motion by Vice Mayor Hall, seconded by Councilman Resolution 82-75 Johnson, Resolution 82-75, being A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CON- VENIENCE, AND NECESSITY REQUIRE THE IMPROVEMENTS AND APPURTENANCES SUBSTANTIALLY AS SET FORTH IN THE REPORT FILED PURSUANT TO THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION, AND MAJORITY PROTEST ACT OF 1931"; THAT THE PROJECT IS FEASIBLE; AND THAT THE LANDS WILL BE ABLE TO CARRY THE BURDEN OF THE PROPOSED ASSESSMENT, was adopted by, the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland MOTION - Report On motion by Vice Mayor Hall, seconded by Councilman and Plans to be Johnson, and carried 4-0, the engineer was instructed Prepared to prepare the Engineer's Report and to prepare the plans and specifications for the improvements. Vice Mayor Hall asked when this item would be coming back to the Council and the Director of Public Services responded that it would be approximately two months. MOTION On motion by Vice Mayor Hall, seconded by Councilwoman Property Owners Hertzog, and carried 4-0, staff was directed to notify to be Notified all property owners within the Assessment District, Sterling between 19th and 20th Streets, of tonight's Council action. PUBLIC HEARING The Clerk announced that this was -the time and place Towing Rate set for the public hearing to consider the requests Increases for rate increases from G and W Towing Service, 740 Ohms Way, Costa Mesa, and from Harbor Towing Service, 964 West 17th Street, Costa Mesa. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. MOTION On motion by Vice Mayor Hall, seconded by Councilwoman Held Over Hertzog; and carried 4-0, this item was continued to the meeting of October 4, 1982, as recommended by the City Manager. COUNCILMANIC Councilman Johnson commended City departments involved COMMENTS with construction of the new parking lot at the Costa Mesa Golf Course. Councilwoman Hertzog commended George McFarlin and the City staff on their presentations concerning Assessment District 82-1, Palace and Sterling. Vice Mayor Hall commended the Public Services Director for his letter of September 1, 1982, to CALTRANS regard- ing its escalating traffic signal maintenance costs. ADJOURNMENT The Mayor declared the meeting adjourned at 8:20 p.m. Mayor of the City of Co to Mesa ATTEST: City Clerk of the City of Costa a