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HomeMy WebLinkAbout01/03/1983 - City CouncilX81 R73ULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JANUARY 3, 1983 The City -Council of the City of Costa Mesa, met in regular session on January 3, 1983, 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 Don Brendtro, Prince of Peace Lutheran Church. ROLL CALL Council Members Present: Hall, Johnson, Hertzog, McFarland, Schafer Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Councilwoman Schafer, seconded by Council - December 20, 1982 woman Hertzog, and carried 5-0, the minutes of the regular meeting of December 20, 1982, were approved as distributed and posted. ORDINANCES A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, and carried 5-0, to read all ordinances by title only.. CONSENT CALENDAR On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims have been received by the City Clerk from the following claimants: Peter Pochatko on behalf of Patrick Pochatko; Douglas Lally; and Automobile Club of Southern California on behalf of Linda Valdez. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff Licenses from: Ambrosia Restaurants, doing business as Ambrosia, 695 Town Center Drive, Suite 180; Carol L. and Michael L. Cerone, doing business at 3554 Business Park Drive, Suite A-1; and Van Yen Tran, doing business at 2300 Harbor Boulevard, Suite 5. Water Well Letter from the State of California, Department Standards of Water Resources, Sacramento, concerning, "Water Well Standards - State of California". Public Utilities Notification that an application is being filed Commission with the Public Utilities Commission by Global Tour Operators Airport Transportation, for a Certificate of Public Convenience and Necessity to operate an airport transportation service between the following airports: Los Angeles International, Ontario, John Wayne/Orange County, and Long Beach. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable March of Dimes Purpose has been received from March of Dimes Birth Defects Foundation, Orange County Chapter, 661 Hamilton Street, No. 650, Costa Mesa, by door-to-door solicita- MOTION tion for funds. On motion by Councilwoman Schafer, Permit Approved seconded by Vice Mayor Johnson, and carried 5-0, a permit was approved for the period January 1 through March 31, 1983, as recommended by staff. Arthritis Notice of Intention to Appeal or Solicit for Charitable Foundation Purpose has been received from Arthritis Foundation, 900 North Broadway, Suite 301, Santa Ana, by door -to - MOTION door solicitation for funds. On motion by Councilwoman Permit Approved Schafer, seconded by Vice Mayor Johnson, and carried 5-0, a permit was approved for the period February 1 through February 28, 1983, as recommended by staff. SET FOR PUBLIC HEARING On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the following items were set for public hearing on January 17, 1983, at 6:30 p.m., in the Council Chambers of City Hall: Planned Proposed ordinance amending the regulations concerning Development Planned Developments within the City of Costa Mesa. Amendments Environmental Determination: Negative Declaration. R-82-12 Rezone Petition R-82-12, Costa Mesa City Council, to rezone properties located at 2019 and 2025 Wallace Avenue from R3 to R2. Environmental Determination: Negative Declaration adopted for Rezone Petition R -81 -04 - Notice of Drainage Improvements for Alley North of 17th Street Completion - between Irvine and Tustin Avenues have been completed Alley Drainage to the satisfaction of the Director of Public Services North of 17th by George Dakovich and Son, 22631-A Maple Avenue, Street Torrance. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, the work was accepted; the Clerk MOTION was authorized to file a Notice of Completion; the Work Accepted Performance Bond was ordered exonerated and the 10 percent retention money was authorized released 35 days after the Notice of Completion has been filed; and the Labor and Material Bond was ordered exonerated seven months after the Notice of Completion has been filed. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Orders A and B - A.S.L. Consulting Engineers 19th Street Widening MOTION Change Orders Approved Final Map for Tract 11606 - Knowleton The Director of Public Services has requested approval of Change Orders A and B, in the amounts of $1,500.00 and $3,000.00, respectively, to the contract with A.S.L. Consulting Engineers, 100 East Huntington Drive, Alhambra, in connection with the Design of 19th Street from Fullerton Avenue to Park Avenue. The change orders are for additional engineering services requested by the City. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, the change orders were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, Council rescinded their prior approval on December 20, 1982, of the Final 1 Map and Subdivision Agreement for Tract No. 11606, MOTION Knowleton Corporation, 720 Bennett Avenue, Long Beach; Approval Rescinded one lot, 0.87 -acre, located at 810 Baker Street. Approval was rescinded because the developer has not met the City and Sanitary District fee requirements. Cooperative On motion by Councilwoman Schafer, seconded by Vice Purchasing with Mayor Johnson, Resolution 83-1, being A RESOLUTION OF County THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING PURCHASES OF CERTAIN ITEMS TO BE MADE FOR MOTION THE CITY BY THE PURCHASING AGENT OF THE COUNTY OF Resolution 83-1 ORANGE, was adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 570 Bids received for Bid Item 570, One Dynamometer System, Dynamometer System are on file in the Clerk's office. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, MOTION the contract was awarded to Clayton Manufacturing Com - Awarded to Clayton pang, Post Office Box 5530, El Monte, in the amount of Manufacturing $14,264.00, being the lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Amendment No. 5 The City Manager has recommended approval of Amendment to Retirement No. 5 to the Retirement Plan for the Safety Employees Plan of the City of Costa Mesa. The amendment incorporates a change to Section 2.3 and is consistent with the City's past practice of allowing a safety member who has ten or more years of service to remain in the Safety Plan if such employee were to transfer to a non -safety job classification. Section 12 incorporates in the Plan the reciprocity agreement that was executed with the Public Employees Retirement System (P.E.R.S.) in 1977 MOTION and is added to the Plan primarily for employee camuni- Amendment cations. On motion by Councilwoman Schafer, seconded by Approved Vice Mayor Johnson, Amendment No. 5 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: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement - PRC An agreement was presented, between the City and PRC Public Management Services, 185 Berry Street, San Computer Dispatch Francisco, for modification of the Computer Aided System Dispatch System. The modification is necessary so that the City's computer system can communicate with the County's Automated Warrant Service System for the pur- MOTION pose of checking on outstanding warrants. A motion was Agreement Imade by Councilwoman Schafer, seconded by Vice Mayor Approved Johnson, approving the agreement in an amount not to exceed $7,500.00, and authorizing the City Manager to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Council Policy Council Policy 300-2, Auto and Severance, was presented. 300-2 The policy provides for three months severance pay for the City Manager should his employment be terminated based upon action by the City Council. The policy also provides for a -monthly automobile allowance of $350.00 MOTION Warrant 1201 Approved CITY ATTORNEY REPORTS Planning Commissioners Terms of Office On motion by Councilwoman Hertzog, seconded by Council- woman Schafer, Warrant Resolution 1201 was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The City Attorney presented a proposed ordinance to amend the terms of office for Planning Commissioners. He pointed out that under Section 13-3 (b) terms of office for two commissioners will commence on March 1, 1983, and continue to run for four-year periods there- after; and terms of office for three commissioners will canmence March 1, 1983, continue through February 28, 1985, and thereafter shall continue to run for four-year periods commencing March 1, 1985. MOTION for the City Attorney and $200.00 for all other depart- Ordinance 83-1 ment heads. On motion by Councilwoman Schafer, seconded MOTION by Vice Mayor Johnson, Policy No. 300-2 was approved by Policy Approved the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of The Geo -processing Technical Assistance Study of the Geo -processing City's 1980 Census Tapes has been completed by Public Study Technology, Incorporated, 1301 Pennsylvania Avenue, CITY MANAGER Northwest, Washington, D. C. On motion by Councilwoman MOTION Schafer, seconded by Vice Mayor Johnson, the study was Study Accepted accepted, and authorization was given to release retention funds 30 days after acceptance by Council. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS Staff has recommended that.terms of office for the MOTION Housing and Cammunity Development Committee (HCDC) HCDC Terms of be extended to April 1, 1983. On motion by Councilman Office Extended. McFarland, seconded by Councilwoman Schafer, and carried 5-0, the terms of office were extended as reccammended. VUa RANTS On motion by Councilwoman Hertzog, seconded by Council - MOTION man McFarland, Warrant Resolution 1200, including Warrant 1200 Payroll 8226, was approved by the following roll call Approved vote: AYES:. COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION Warrant 1201 Approved CITY ATTORNEY REPORTS Planning Commissioners Terms of Office On motion by Councilwoman Hertzog, seconded by Council- woman Schafer, Warrant Resolution 1201 was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The City Attorney presented a proposed ordinance to amend the terms of office for Planning Commissioners. He pointed out that under Section 13-3 (b) terms of office for two commissioners will commence on March 1, 1983, and continue to run for four-year periods there- after; and terms of office for three commissioners will canmence March 1, 1983, continue through February 28, 1985, and thereafter shall continue to run for four-year periods commencing March 1, 1985. MOTION On motion by Councilman McFarland, seconded by Vice Ordinance 83-1 Mayor Johnson, Ordinance 83-1, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 13-3 OF THE COSTA MESA MUNICIPAL CODE RELATING TO TERMS OF PLANNING COMMISSIONERS, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER REPORTS The City Manager presented green fee increases for the Costa Mesa Golf and Country Club which are detailed in a memorandum dated November 30, 1982, from the Director of Leisure Services. 1 2.85 Bob Cade, 2873 Europa Drive, Costa Mesa, President of the Seniors Golf Association, stated that the percentage of increase for senior citizens, in comparison to the other increases recommended, was excessive. Mr. Cade asked that Council delay action on the rates for senior citizens so that they could study the increases proposed by the Association. Lloyd Fredricks, 25 -year resident of the City, expressed his opinion that the golf course was in poor condition and because of this, an increase in rates is not justi- fied. Elvin Hutchison, 2281 Fordham Drive, Costa Mesa, also expressed opposition to the recommended fee increases for senior citizens and suggested that the City review the fees annually rather than waiting two or three years. Robert G. MacEwan, 1648-B Iowa Street, Costa Mesa, stated that the increase for senior citizens was not equitable. He recommended that the senior fees be increased to $3.50 instead of $4.00. George Dernbach, 2065 Swan Drive, Costa Mesa, commented that the rates at the golf course were extremely rea- sonable and voiced his support of nonresident senior citizens being charged a higher fee. Ross Dickson, resident of Costa Mesa until recently, supported comments made by the previous speakers and suggested that if the fees are increased that the Coun- cil budget -a portion of these funds for improvement of the golf course. Ralph Vandervort, Newport Beach, expressed his concern that the rate increase would prove too expensive for junior golfers. The City Manager responded that fees for juniors are not being increased. Lloyd Fredricks spoke again and asked if it was a general rule in most cities that golf is the only sport that is required to be self-supporting. The City Manager reported that most of the recreational programs in Costa Mesa are self-supporting. Clarence Boardman, Newport Beach, owner of property at 2205 Fairview Road, Costa Mesa, stated his opinion that in some cases nonresident senior citizens should enjoy the sane rates as residents. Bob Cade and Bob MacEwan both reiterated their feelings that the recommended increases for senior citizens are inequitable. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, owner of property in Costa Mesa, spoke in support of resident and nonresident fees being the same. Bob Steffensmeier, 1607 Cornwall Lane, Newport Beach, also spoke in support of identical fees for resident and nonresident senior citizens. MOTION A motion was made by Councilman McFarland, seconded by Fee Increases Councilwoman Hertzog, to approve the recommended fee Approved as increases as submitted by staff except with the follow - Amended ing changes: Costa Mesa senior citizens' fees shall be $3.50 for both courses, and nonresident senior citizens' fees shall be $4.00 for both courses. After further discussion, Councilman McFarland amended his motion by adding that golf course fees shall be reviewed in 12 months for adjustment if necessary. The amended motion was seconded by Councilwoman Hertzog, and carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Rehearing of for the public hearing for a rehearing to consider dele- ZE-82-148 - tion of Condition No. 9 in connection with Council's Wegener approval of Zone Exception ZE-82-148, David Wegener, authorized agent for Marianne Wegener, 251 East 19th Street, Costa Mesa, for a Conditional Use Permit to allow an existing nonconforming residential structure with variances from side setback and driveway length requirements for property located at the above address in an R1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. Condition No. 9, requires that a cash deposit of $1,960.00 be submitted to the City in lieu of sidewalk installation being done at this time. The Director of Public Services reported on options to be considered, namely, waiving the condition entirely, or entering into an agreement with Mr. Wegener that the required deposit be paid in increments. David Wegener asked that Condition No. 9 be waived or that he be allowed to delay payment of the deposit until a later date. Mr. Wegener also canted that there are no sidewalks in the surrounding area and felt that it was not fair that he was the only owner in the area required to make this improvement. The Director of Public Services reported that when certain improvements are made on a property, the owner is required to construct sidewalks or submit a cash deposit to insure future construction. He further stated that properties which have not been improved prior to the time widening of 19th Street commences, those property owners will not be required to pay for these improvements. Councilwoman Hertzog expressed her opinion that the Wegener project presents a different situation and favored waiving Condition No. 9. Councilman McFarland voiced his opposition to waiving Condition No. 9, stating that others in the City would also ask to be relieved of this requirement. Mayor Hall comrmnted that the present ordinance is out -dated and should be reviewed. Mr. Wegener stated that if his neighbors are required to install sidewalks, he also would be willing to do so and would sign an agreement to that effect. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of waiving Condition No. 9. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Councilwoman Hertzog, seconded by Condition No. 9 Councilwoman Schafer, to waive Condition No. 9, stipu- Waived lating that when 19th Street is widened, all affected property owners be required to contribute equally to the sidewalk improvements with the possibility that subject improvements will be paid entirely by the City. Councilman McFarland expressed his opposition to the motion and suggested that the ordinance be changed. The motion to waive Condition No. 9 carried 4-1, Councilman McFarland voting no. ORAL COMMUNICATIONS Sid Soffer, 900 Arbor Street, Costa Mesa, asked about the cost of reconstruction of the parking lot at the golf course, and asked for an explanation of Item 9 on the Consent Calendar, one dynamometer. Mr. Soffer related a story concerning the City of Newport Beach requiring a cash deposit for installation of a traffic signal in connection with a large development. Mr. Soffer commented on the number of Planning Commis- sion decisions appealed to the City Council which are overruled. He offered his opinion that in connection with Council's re-evaluation of the Planning Commission, the Council should also review the Planning staff. In addition, Mr. Soffer expressed his opinion that during a public hearing he should be allowed to cross-examine staff in regard to their reports and recommendations. COUNCILMANIC COMMENTS Mayor Hall announced that the Orange County Transit District (OCTD) will hold a public hearing on Janu- OCTD Hearing ary 17, 1983, at 9:00 a.m., in the OCTD Administration Building, to consider potential express fare changes. ADJOURNMENT The Mayor declared the meeting adjourned at/8:05 -Mayor of the City of Costa Mesa ATTEST:, C' Clerk of ._the City of Cost esa X8 7