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HomeMy WebLinkAbout04/18/1983 - City Councilc?�8 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 18, 1983 The City Council of the City of Costa Mesa, met in regular session on April 18, 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 Doctor Dorothy Capalbo, Christ Circle Center. ROLL CALL Council Members Present: Hall, Johnson, Hertzog, McFarland, Schafer Council -Members Absent: None Officials Present: City Manager, City Attorney, Assistant City Engineer, Senior Planner, City Clerk MINUTES On motion by Councilwoman Schafer, seconded by Vice April 4, 1983 Mayor Johnson,and carried 5-0, the minutes of the regular meeting of April 4, 1983, 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. Former Planning Mayor Hall announced that former Planning Commissioners, Commissioners Ramona Sawyer Watson and Lynn Van Aken, were being Commended commended this evening for their dedication to the community while serving on the Planning Commission. The Mayor read the resolutions which were prepared for this occasion. Mr. Van Aken and Ms. Sawyer -Watson thanked the Council for the opportunity to serve on the cammis- sion. MOTION On motion by Councilman McFarland, seconded by Council - Resolution 83-23 woman Schafer, Resolution 83-23, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMESMING RAMONA SAWYER-WATSON AND EXPRESSING APPRECI- ATION FOR SERVICE ON THE COSTA MESA PLANNING COMMISSION, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilman McFarland, seconded by Council - Resolution 83-24 woman Schafer, Resolution 83-24, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMENDING LYNN VAN AKEN AND EXPRESSING APPRECIATION FOR SERVICE ON THE COSTA MESA PLANNING COMMISSION, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Man and Woman of Mayor Hall announced that this year the Costa Mesa the Year Awards Chamber of Commerce has selected Henry Segerstrom and Jean Forbath as Man and Woman of the Year. The Mayor read resolutions commending then for their contributions to the community. MOTION A motion was made by Councilwoman Schafer, seconded by Resolution 83-25 Councilwoman Hertzog, to adopt Resolution 83-25, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMNIENDING JEAN FORBATH ON BEING CHOSEN WOMAN OF THE YEAR IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE. 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 MOTION On motion by Vice Mayor Johnson, seconded by Council - Resolution 83-26 woman Hertzog, Resolution 83-26, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMENDING HENRY SEGERSTROM ON BEING CHOSEN MAN OF THE YEAR IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Proclamation Mayor Hall asked -that the Council ratify a proclamation Rotary Club for the Rotary Club declaring April 20, 1983, as "Four - Four -Way Test Way Test Day". The test is to help individuals in Day building mutual respect for and an understanding of each other. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 4-0, Councilman McFar- land abstaining, the proclamation was ratified. CONSENT CALENDAR The following items were removed from the Consent Calendar: Items 4 (a), (b), and (c), Claims from Karen Casillas, Patrick Kalama, and Dan and Lori Lanning; Item 5, Three-year housing assistance plan for the City; Item 6, Prohibition of truck traffic on Royal Palm Drive north of Ponderosa Street; and Item 12, Agreement for design of a theatre at Rea Community Center. On motion by Councilwoman Schafer, seconded by Council- woman Hertzog,. the.remaining 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 moton by Councilwoman Schafer, seconded by Council- woman Hertzog, 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 persons: Ambassador Inn; Attorney Larry C. Anderson on behalf of Mi Young Oh; Joanne Cosper; Bob Gradowski and Dixie Pendley; David Lewis Halpern; Maureen Kearns; Jason L. Knox; Douglas Lally; Attorney Ellen Winterbottom on behalf of Susan E. Leverette-Bagley; Ashwin Patel; Attorney John P. Rapillo on behalf of John Matthew Phipps; Sherry L. Sadler; Thomas C. and Carolyn L. Scott; Gary Spilak; Donald D. Ward; and Attorney Paul Zaharia on behalf of Julita Sumner; Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff Licenses from: Marilyn and Robert Pajkuric, doing busi- ness as The Copper Tree Deli, 151 Kalmus Drive, Suite F6; and Majad Jannati Pour, doing business as Hillgreen Liquor Store, 250 East 17th Street. 30:. X60 Yellow Cab Notification from Orange Coast Yellow Cab, Incor- Name Change porated, that it is now officially known as Coast Yellow Cab Cooperative, Incorporated, doing business as Orange Coast Yellow Cab. SB 197/Fire Resolution from the Orange County Board of Super - Safety Standards visors supporting Senate Bill 197 which requires the State Fire Marshal to prepare and adopt rules and regulations to establish fire safety perform- ance standards for cigarettes and little cigars. Department of Resolution of the Department of Transportation, Transportation State of California, relinquishing all of the State's right, title, and interest in and to collateral facilities in the City of Costa Mesa along the Corona del Mar Freeway (73) between the Costa Mesa Freeway (55) and the San Diego Freeway (405). Local Agency Notification from the Local Agency Formation Formation Commission that a hearing will be held April 27, Commission 1983, to consider proposed Engineer's No. 208 Annexation to the Costa Mesa Sanitary District, located in the general area of Air Way and Paula- rino Avenues. SET FOR PUBLIC On motion by Councilwoman Schafer, seconded by Council - HEARING woman Hertzog, and carried 5-0, the following items were set for public hearing on May 2, 1983, at 6:30 p.m., in the Council Chambers of City Hall: Revenue Sharing Funds Proposed use hearing for Federal Revenue Sharing funds. Off -premise Ordinance repealing Article 2, Sections 5-149 Advertising Signs through 5-156, inclusive, Title 5, Chapter VI of the Costa Mesa Municipal Code, adding Article 2, Sections 5-149 through 5-157, inclusive, to Title 5, Chapter VI, relating to off -premise advertising signs. Environmental Determination: Exempt. ADMINISTRATIVE ACTIONS On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, Resolution 83-27, being A RESOLUTION OF 19th Street and THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Banning Avenue SUPPORTING BANNING AVENUE -19TH STREET EXTENSION, SANTA Bridge over the ANA BRIDGE PROJECT, was adopted by the following roll Santa Ana River call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, MOTION McFarland, Schafer Resolution 83-27 NOES: COUNCIL MEMBERS: None Adopted ABSENT: COUNCIL MEMBERS: None Bid Item 574 The Director of Public Services has requested approval Demolition for of Change Order No. 1, in the amount of $3,390.95, for 17th Street additional work encountered during demolition in Realignment connection with Bid Item 574, Demolition, Removal, and Disposal of Various Structures at 17th Street and Newport Boulevard for the 17th Street Realignment. MOTION On motion by Councilwoman Schafer, seconded by Council - Change Order woman Hertzog, the change order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion On motion by Councilwoman Schafer, seconded by Council - for Bid Item 574 - woman Hertzog, the work was accepted in connection with Demolition for 17th Bid Item 574, Demolition, Removal and Disposal of Vari- Street Realignment ous Structures at 17th Street and Newport Boulevard in J connection with the 17th Street Realignment; the Clerk MOTION was authorized to file a Notice of Completion; the Labor Work Accepted and Materials Bond was ordered exonerated seven months after the Notice of Completion has been filed; and authorization was give to release retention funds and exonerate the Performance Bond 35 days 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 Conference On motion by Councilwoman Schafer, seconded by Council - Advance woman Hertzog, a Conference Advance in the amount of $385.84, for a police officer to attend a Management MOTION Course in San Diego, April 25 through May 6, 1983, was Advance approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 579 - Bids received for Bid Item 579, Abatement of Weeds on Abatement of Weeds Selected Vacant Lots within the City of Costa Mesa, are on file in the Clerk's office. On motion by Council - MOTION woman Schafer, seconded by Councilwoman Hertzog, the Awarded to contract was awarded to Commercial Lot Cleaning, Incor- Commercial Lot porated, 2459 North Lee Avenue, South E1 Monte, being Cleaning the lowest bidder 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 Agreement/DiGiacomo An agreement between the City and DiGiacomo, Incorpor- ated, 5416 Fair Avenue, North Hollywood, was presented. Rockwork at Vista The agreement stipulates payment by the City of Park $30,815.00, for installation of cast in-place concrete rockwork at Vista Park. On motion by Councilwoman MOTION Schafer, seconded by Councilwoman Hertzog, the agreement Agreement Approved 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 Landscaping On motion by Councilwoman Schafer, seconded by Council - Assessment woman Hertzog, Resolution 83-28, being A RESOLUTION OF District No. 1 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE RENEWAL OF CITY OF COSTA MOTION MESA LANDSCAPING ASSESSMENT DISTRICT NO. 1, Tract 9901, Resolution 83-28 located south of Sunflower Avenue and east of Smalley Adopted Road, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Landscaping On motion by Councilwoman Schafer, seconded by Council - Assessment woman Hertzog, Resolution 83-29, being A RESOLUTION OF District No. 2 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE RENEWAL OF CITY OF COSTA MOTION MESA LANDSCAPING ASSESSMENT DISTRICT NO. 2, Tract 10513, Resolution 83-29 located west of Bear Street and north of the Corona del Adopted Mar (73) Freeway, was adopted by the following roll call vote: 062 AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CLAIMS Casillas, Kalama, Items 4 (a), (b), and (c) on the Consent Calendar were and Lanning presented, claims against the City from Karen Casillas, Patrick Kalama, and Dan and Lori Lanning, respectively. Sid Soffer, 900 Arbor Street, Costa Mesa, asked about the nature of the claims. Mayor Hall responded that one claim was for damages to a vehicle on which a tree had fallen, and that two claims were for flood damages caused by the storm on March 1, 1983. MOTION On motion by Councilman McFarland, seconded by Council - Claims Rejected woman Schafer, and carried 5-0, the claims of Karen Casillas, Patrick Kalama, and Dan and Lori Lanning were rejected. City Housing Item 5 on the Consent Calendar was presented, a three - Assistance Plan year Housing Assistance Plan (HAP) for the City of Costa Mesa. The Plan expired on September 30, 1982 and it is necessary for a city to prepare and submit a new plan prior to receiving its 1983-84 Community Develop- ment Block Grant allocation. Included in the Housing Assistance Plan are the City's goals for housing which include 72 rental units pro- posed in the Wallace Neighborhood Strategy Area and the first two phases of the Fairview State housing project (total 298 units). In addition, 35 units will be avail- able this year for the elderly as a result of the construction of the St. John the Divine project to be completed this spring. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, requested an explanation of the plan. The Mayor responded that the report was too lengthy to read and offered Mr. Odegaard a copy of staff's memorandum dated April 12, 1983. Mr. Odegaard stated that if this item was not government interference with private enterprise, he had no objection to the housing plan. Mayor Hall assured him that this was not the case. MOTION A motion was made by Councilwoman Schafer, seconded by Submission of Vice Mayor Johnson, and carried 5-0, approving submis- Housing Plan sion of the Housing Assistance Plan to the Department to HUD Approved of Housing and Urban Development (HUD), said plan being_ for a three-year period ending September 30, 1985. Item 6 on the Consent Calendar was presented, a recom- Prohibition of mendation by the Traffic Commission to post truck route Truck Traffic on signs on Lemon Street to Elm Avenue and from westbound Royal Palm Drive Elm Avenue to Royal Palm Drive to eliminate truck traf- fic on Royal Palm Drive north of Ponderosa Street. Councilwoman Hertzog requested that this item be continued for 30 days. MOTION A motion was made by Councilwoman Hertzog, seconded by Held Over Vice Mayor Johnson, to continue this item to May 16, 1983, and directing staff to schedule a meeting with the residents and businessmen in the neighborhood to receive their comments regarding the truck traffic problem. The motion carried 5-0. Design of Theatre Item 12 on the Consent Calendar was presented, design of at Rea Community a theatre at Rea Community Center. Three proposals were Center received and are on file in the Leisure Services Depart- ment. Dew, LN Ewa Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, stated that although he was in sympathy with the need for a theatre, he is concerned that funds for cultural activities are being given priority over safety needs. Mayor Hall responded that the Council tries to do what it can in all areas. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his opinion that priority should be given to installation of a traffic signal which was requested by several citizens at a recent Traffic Commission meeting. Ted Knorr, 293 Bowling Green Drive, Costa Mesa, stated that he understands the need for traffic signals; how- ever, the cultural needs of the citizens must also be considered. Linda Vanderbrink, 29414 Anna Maria Lane, Laguna Niguel, commented that much time and energy has been spent to make the Costa Mesa Civic Playhouse a self-sustaining program. Ms. Vanderbrink reported that the goal of the playhouse advisory council is to have a healthy, func- tioning entity serving the cultural art needs of the community. She also reported that there have been prob- lems at the Fairgrounds facility and that she hoped the City would provide a facility so that 18 years of fine community theatre would not be lost. MOTION On motion by Councilman McFarland, seconded by Council - Contract Awarded woman Hertzog, the contract for design of a theatre at to Collins and Rea Community Center was awarded to Collins and Wraight, Wraight 1805 East Dyer Road, Suite M, Santa Ana, in the amount of $8,800.00. 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 The Clerk presented from the meeting of March 21, 1983, ZE-83-16 Zone Exception ZE-83-16, Mark Chi, 752 West 19th Street, Chi/Kwong Costa Mesa, authorized agent for Lam Cheong Kwong, concerning dedications in connection with a Condi- tional Use Permit to allow an addition to an existing nonconforming commercial structure at the above address. A memorandum from the Planning staff dated April 18, 1983, advises that the applicant has requested that his request be withdrawn. MOTION On motion by Councilman McFarland, seconded by Council - Withdrawn woman Schafer, and carried 5-0, this item was withdrawn as requested. WARRANTS On motion by Councilwoman Hertzog, seconded by Council- man McFarland, Warrant Resolution 1211, including MOTION Payroll 8307, was approved by the following roll call Warrant 1211 vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager has recommended changes in job classi- REPORTS cations in the Public Services Department. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, Job Classifications Resolution 83-30, being A RESOLUTION OF THE CITY COUNCIL in Public Services OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLU- Department TION NUMBERS 82-78 AND 82-79 AND ADDING CLASSIFICATION OF ASSISTANT STREET SUPERINTENDENT, CHANGING CLASSIFI- CATION OF ASSISTANT. CITY ENGINEER TO ASSISTANT CITY MOTION ENGINEER/STREET SUPERINTENDENT, AND ABOLISHING CLASSIFI- Resolution 83-30 CATION OF STREET SUPERINTENDENT UNDER THE BASIC SALARY Adopted RESOLUTION AND EXECUTIVE SALARY RESOLUTION AT THE RATES OF PAY THEREOF, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None Participation in The City Manager presented a request from the Orange the Orange County County Performing Arts Center for financial contribu- Performing Arts tion and assistance from the City towards the Center's Center obligation for certain public improvements and various fees and/or charges in connection with the construction of the Center. The City Manager summarized his memorandum dated April 12, 1983, which details the Center's request and an estimate of costs in the amount of $656,615.00. The City Manager has recommended that the City contribute a total of $269,643.00 for the reasons mentioned in the aforementioned memorandum. Ray Watson, 2501 Alta Vista Drive, Newport Beach, Chairman of the Center's Facility Committee, spoke in support of the request. In response to Mr. Watson's inquiry, the City Manager explained that the City would waiver the requirement for Labor and Material and Per- formance bonds if a letter of credit is submitted by C. J. Segerstrom and Sons. MOTION A motion was made by Councilwoman Schafer, seconded by Contribution Councilwoman Hertzog, approving a contribution of Approved $269,643.00 to the Center as outlined in the City Manager's memorandum of April 12, 1983. 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 PUBLIC HEARING The Clerk announced that this was the time and place R-83-04 set for the public hearing for Rezone Petition R-83-04, Port Mesa Port Mesa, Incorporated, 2570 Newport Boulevard, Costa Mesa, for permission to rezone a 0.4 -acre parcel, currently utilized as a parking area for an existing convalescent hospital at the above address, from R2 to CL. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission and Planning staff recommended adoption of the Negative Declaration and approval of CL zoning. Vernon Davis, 13502 Laurinda Way, Santa Ana, represent- ing the applicant, spoke in support of the request. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Council - Ordinance 83-9 man McFarland, the Negative Declaration of Environmental First Reading Impact was adopted, and Ordinance 83-9, being AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF LOT 28, TRACT 376, FROM R2 TO CL, was given first reading and 1 passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: NOES:. COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-83-30 set for the public hearing for an appeal of the Plan- Pimental ning Commission's denial of Zone Exception ZE-83-30, from Lucille Pimental, 778 Scott Place, Apt. 2, Costa Mesa, for a variance from the required number of parking spaces; a variance to allow an excess number of compact spaces; and a density deviation to legalize the -conversion of a three-bedroom apartment unit to one two-bedroom and one one -bedroom apartment, for property located at the above address in an R3, R4 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A communication has been received from Hugh R. Coffin, 1201 Dove Street, Suite 410, Newport Beach, attorney for the appellant, requesting a two-week continuance. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the appellant's request for approval of the variances. MOTION A motion was made by Councilwoman Schafer, seconded Held Over by Councilman McFarland, and carried 5-0, to continue this item to May 2, 1983. PUBLIC HEARING The Clerk announced that this was the time and place Condemnation of set for the public hearing to consider a Resolution of Pope Property Necessity to condemn approximately 1,927.5 square feet for 19th Street of the Edker Pope property located at 145 East 19th Widening Street, in connection with the widening of 19th Street from Park Avenue to Fullerton Avenue. A letter was mailed to the property owner notifying him of the public hearing as required by law. No communications have been received. The Director of Public Services has recommended the following findings for adoption: (1) The public interest and necessity require the project in that the project is in accordance with the Master Plan of Streets and Highways as adopted by the City Council and most recently revised in November of 1979, and that the City has implemented the project in order to create an uncongested and fluid flow of traffic throughout the area. (2) City staff has reviewed several alternate plans for widening of 19th Street and by virtue of adopting the subject alignment, the project is designed in a manner that requires the least amount of property taken and at the same time affects the least number of property owners, thereby making the alignment the alternative that will be most compatible with the greatest good and the least private injury. (3) As a consequence to and in conjunction with the aforementioned facts, the property is necessary for the proposed project and the acquisition is only for that portion of the property actually required for the fabrication of the 19th Street project. There being no speakers, Mayor Hall closed the public hearing. 066 MOTION Based on the above-mentioned findings, a motion was Resolution 83-31 made by Councilman McFarland, seconded by Councilwoman Adopted Schafer, to adopt Resolution 83-31, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, FINDING, DETERMINING, AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY CONDEMNATION OF CERTAIN REAL PROPERTY DESIGNATED AS 145 EAST 19TH STREET FOR THE WIDENING OF 19TH STREET BETWEEN PARK AND FULLERTON AVENUES, AUTHORIZING SAID CONDEMNATION, AND DIRECTING THE CITY ATTORNEY TO PRO- CEED WITH SUCH ACTION. 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 PUBLIC HEARING The Clerk announced that this was the time and place Condemnation of set for the public hearing to consider a Resolution of Pope Property Necessity to condemn approximately 500 square feet of for 19th Street the Edker Pope property located at 111 East 19th Street, Widening in connection with the widening of 19th Street from Park Avenue to Fullerton Avenue. A letter was mailed to the property owner notifying him of the public hear- ing as required by law. No communications have been received. The Director of Public Services has recommended the following findings for adoption: (1) The public interest and necessity require the project, in that the project is in accordance with the Master Plan of Streets and Highways as adopted by the City Council and most recently revised in November of 1979, and that the City has implemented the project in order to create an uncongested and fluid flow of traffic throughout the area. (2) City staff has reviewed several alternate plans for the widening of 19th Street and by virtue of adopting the subject alignment the project is designed in a manner that requires the least amount of property taken and at the same time affects the least amount of property owners, thereby making this alignment the alternative that will be most compatible with the greatest good and the least private injury. (3) As a consequence to and in conjunction with the aforementioned facts, the property is necessary for the proposed project and the acquisition is only for that portion of the property actually required for the fabrication of the 19th Street project. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the City pays for the property being condemned. The Mayor and Councilman McFarland responded that the taxpayers are paying for the land. There being no other speakers, Mayor Hall closed the public hearing. MOTION Based on the aforementioned findings, a motion was made Resolution 83-32 by Councilwoman Schafer, seconded by Vice Mayor Johnson, Adopted to adopt Resolution 83-32, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING, DETERMINING AND DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY CON- DEMNATION OF CERTAIN REAL PROPERTY DESIGNATED AS 111 EAST 19TH STREET FOR THE WIDENING OF 19TH STREET BETWEEN PARK AND FULLERTON AVENUES, AUTHORIZING SAID CONDEMNA- TION, AND DIRECTING THE CITY ATTORNEY TO PROCEED WITH SUCH ACTION. 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 PUBLIC HEARING The Clerk announced that this was the time and place set Weed Abatement for the public hearing to hear protests in connection with the City's Weed Abatement Program. Notices of the public hearing were mailed to affected property owners. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilman McFarland, seconded by Council - Resolution 83-33 woman Schafer, Resolution 83-33, being A RESOLUTION OF Adopted THE.CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INSTRUCTING AND AUTHORIZING THE FIRE CHIEF. OR HIS DESIGNEE OF THE CITY OF COSTA MESA TO PROCEED WITH THE REMOVAL OF WEEDS AND RUBBISH, was adopted by the follow- ing 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 Underground for the public hearing to consider formation of Under - Utility District ground Utility District No. 15, Sunflower Avenue from No. 15/Sunflower east of Fuchsia Street to Flower Street. The Affidavit Avenue of Publication is on -file in the Clerk's office and notices of the public hearing were mailed to affected property owners and utility companies. There being no speakers, Mayor Hall closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Council - Resolution 83-34 man McFarland, Resolution 83-34, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER 15 ON SUNFLOWER AVENUE FROM EAST OF FUCHSIA STREET TO FLOWER STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: .COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement - The Clerk presented an agreement with Southern Cali - Edison Company fornia Edison Company for relocation of electrical facilities on Sunflower Avenue in conjunction with con - Relocation of struction of the Orange County Performing Arts Center. Electrical Facilities on The Edison Company is undergrounding the overhead Sunflower Avenue transmission lines along Sunflower Avenue adjacent to the proposed Orange County Performing Arts Center. The cities of Santa Ana, Costa Mesa, and the County of Orange are contributing towards the project. This item also relates to the establishment of Underground Utility District No. 15, Sunflower Avenue from east of Fuchsia Street to Flower Street. Total cost to the City of Costa Mesa is $500,000.00,and is budgeted in the 1982-83 and 1983-84 budgets. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, expressed his opposition to the expending of funds for this project rather than for health and safety programs. MO'T'ION A motion was made by Councilman McFarland, seconded by Agreement Approved Councilwoman Hertzog, and carried 5-0, approving the agreement and authorizing the Mayor and Clerk to sign. PUBLIC HEARING The Clerk announced that this was the time and place set Underground for the public hearing to consider formation of Under - Utility District ground Utility District No. 16, Park Avenue from 18th No. 16/Park Avenue Street to 19th Street. The Affidavit of Publication is on file in the Clerk's office. Notices of the public hearing were mailed to affected property owners and utility companies. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Vice Resolution 83-35 Mayor Johnson, Resolution 83-35, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NUMBER 16 ON PARK AVENUE FROM 18TH STREET TO 19TH STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented a request from the Traffic Commis - Traffic Signal on sion to consider funding for construction of a signal Victoria Street on Victoria Street at Valley Road and Pacific Avenue. The Traffic Commission recommended the following: (1) Continue to take deposits from developers for signal construction at the intersection. (2) Direct staff to study Victoria Street west of Valley Road for safety problems and possible restriping. (3) Move the intersection up to No. 10 on the Citywide Signal Priority List. (4) Allocate funds from any source for installation as soon as possible. Margaret Weaver, 2211 Pacific Avenue, Costa Mesa, stated that this was a dangerous intersection for both pedes- trians and motorists and asked that the request for a signal be approved. MOTION A motion was made by Councilman McFarland to adopt the Traffic Commission recommendations of the Traffic Commission, specifying Recommendations that funds be allocated after the first nine priorities Adopted have been funded. The motion was seconded by Council- woman Hertzog, and carried 4-1, Mayor Hall voting no. ORAL COMMUNICATIONS Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, commented on the hazardous conditions along Newport Route 55 Boulevard (Route 55). Assessment District Vincent LaFontaine, 861 Senate Street, Costa Mesa, No. 82-1/Sterling reported that he was present because he had received Avenue a letter stating that a hearing was scheduled for this evening regarding Assessment District No. 82-1, Sterling Avenue. The Assistant City Engineer responded that this item will be scheduled for a meeting in May and that all affected property owners will be notified. Funding Sid Soffer, 900 Arlbor Street, Costa mesa, spoke in Priorities opposition to the City's contributing funds to the 1 Orange County Performing Arts Center prior to allocating funds for traffic purposes. Arlene Dowski, 332 Hanover Drive, Costa Mesa, submitted a petition containing 107 signatures of College Park residents, requesting the City Council to immediately take whatever steps and actions are necessary to solve the serious and damaging drainage problem that exists at the intersection of Princeton, Hanover, and Fordham Drives in the College Park area. Mrs. Dowski read a prepared statement, which was also submitted for the record, requesting the City Council to authorize the immediate funding of an in-depth study and engineering survey to determine what steps must be taken to guarantee that such a calamity will not occur again. Mayor Hall stated that the Council was well -aware of the difficulties caused by the storm. June Golumbic, 3137 Boston Way, Costa Mesa,_submitted a petition containing 27 signatures of members of the North Costa Mesa Homeowners Association requesting the City Council to take necessary steps to solve the drainage problems that now exist in the general area of Charleston Street, Van Buren Avenue, and Boston Way. Mrs. Golumbic stated that it was the opinion of the residents that emergency services were not readily available. Sid Soffer again voiced his objection to funds being allocated to the Performing Arts Center, stating his opinion that the drainage study should have priority. The City Manager responded to the speakers, stating that the flooding occurred because the water was blocked at the entrance to the Orange County Flood Control Channel. He reported that the most severely flooded area was on Anaheim Avenue. The City Manager suggested that Council authorize a study of the drainage system. He also reported that the cost for drainage improvements in the City would be approximately $12,000,000.00. The City Manager commended the City employees for their handling of the flood emergency, stating that the field crews did their utmost to help the residents. He com- mented that if the City doesn't have the manpower to operate additional pumps, the purchase of new pumps would be of no benefit. In response to Councilwoman Hertzog's question concern- ing a $12,000,000.00 bond issue, the City Manager stated that an election can be held at any time as long as it meets the legal requirements of the State. MOTION A motion was made by Councilwoman Schafer, seconded by Study Authorized Councilwoman Hertzog, authorizing the City Manager to take the necessary steps to do a study on the City's drainage system. The motion carried 5-0. Mayor Hall and Councilman McFarland commented on the potential flood hazard which exists in certain parts of the City. Sid Soffer voiced his opposition to Council's approval_ of certain projects within the City, stating his opinion that the money should be expended for more important projects. X69 Jerry Odegaard stated he would support a bond issue for improvement of the City drainage system based on certain conditions. ADJOURNMENT The Mayor declared themeeting adjourned at 8-115 p. Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Costa M a