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HomeMy WebLinkAbout12/19/1983 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 19, 1983 The City Council of the City of Costa Mesa, met in regular session on December 19, 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 Bill Burnett, Mesa Bible Chapel. 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 5, 1983 man McFarland, and carried 5-0, the minutes of the regular meeting of December 5, 1983, were approved as distributed and posted. ORDINANCES A motion -was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried 5-0, to read all ordinances by title only. PROCLUVIkTION Mayor Hall read a proclamation declaring the month of March of Dimes January, 1984, as "March of Dimes Month". The Mayor Month presented the proclamation to Randy Golden, President of the Orange Coast College Chapter of Circle K Inter- national, who received the document on behalf of the Orange County Chapter of the March of Dimes. Councilman McFarland reported that he had recently presented a proclamation to Circle K International on behalf of the Mayor, and mentioned that Circle K is a service organization sponsored by the Kiwanis Club. CONSENT CALENDAR The following item -was removed from the Consent Calen- dar: Item 15(a), Final Map for Tract 11680. 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 IRVY COMMUNICATIONS On motion by Councilwcman Schafer, seconded by Council- woman Hertzog, Resolution 83-120, being A RESOLUTION OF Records Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOISIIA, for Building/Safety AUTHORIZING RECORDS DESTRUCTION FOR THE BUILDING/SAFETY DIVISION OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- MOTION NANCE NO. 75-60, was adopted by the following roll call Resolution 83-120 vote: Adopted AYES: COUNCIL MEMBER_S:. Hall,'Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: -None ABSENT: COUNCIL MEMBERS: None 1 READING FOLDER On motion 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: Kay Pasha; Ciro Cirillo; Pacif is Telephone Company; Gary A. Dunn; David R. Coughlin; Robert Edward Hubble; Deborah H. Gordon; Gordon; Vance Michael Rigg; and George Kovalchek. Alcoholic Alcoholic Beverage License application for which Beverage parking has been approved by the Planning Divi - License sion: M.P. Liquidating Company, Incorporated, doing business as Magic Pan, 3333 Bristol Street, E-1; Donald Vigilietta and James Murray, 1565 Adams Avenue; and Myron Miller, doing business as Sportspage, 1562 Newport Boulevard, Suites C and D. Public Utilities Notice from the Public Utilities Commission that Commission Application No. 83-12-02 has been filed by South- ern California Edison Company for authority to increase its conservation/load management adjust- ment djustment billing factor. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purple Heart Purpose has been received from Purple Heart Veterans Veterans Rehabilitation Services, Incorporated, 555 East Ocean Boulevard, Suite 225, Lang Beach, by collecting reuse - MOTION able household items for sale in thrift shops. On Permit Approved motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the permit was approved for calendar year 1984, with application of Municipal Code Section 9-234J. March of Dimes Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from March of Dimes Birth Defects Foundation, Orange County Chapter, 661 Hamilton Street, Suite 650, Costa Mesa, by door-to-door and coin MOTION containers solicitation. On motion by Councilwoman Permit Approved. Schafer, seconded by Councilwoman Hertzog, and carried 5-0, the permit was approved from January 2 through April 1, 1984, with application of Municipal Code Sec- tion 9-234J. Camp Fire Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from Orange County Council of Camp Fire, Incorporated, 1442 Irvine Boulevard, Suite MOTION 108, Tustin, by door-to-door and booth sales. On motion Permit Approved by Councilwoman Schafer, seconded by Councilwoman Hertzog, and carried 5-0, the permit was approved from January 13 through February 28, 1984, with application of Municipal Code Section 9-234J. Good Shepherd Notice of Intention to Appeal or Solicit for Charitable Lutheran Hone Purpose has been received from Good Shepherd Lutheran Home, 23442 E1 'Toro Road, E1 Toro, by collecting used/ MOTION discarded items for sale in thrift stores. On motion by Permit Approved Councilwoman Schafer, seconded by Councilwoman Hertzog, and carried 5-0, the permit was approved for calendar year 1984. 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-door MOTION solicitation. On motion by Councilwoman Schafer, sec - Permit Approved_ onded by Councilwoman Hertzog, and carried 5-0, the permit was approved from February 1 through 29, 1984. SET FOR PUBLIC On motion by Councilwoman Schafer, seconded by Council - HEARING woman Hertzog, and carried 5-0, an ordinance regulating Garage Sales Abandonment of Right -of -Way South of 17th Street MOTION Resolution 83-121 Adopted Setting Public Hearing garage sales in residential zones, was set for public hearing on January 3, 1984, at 6:30 p.m. Environmental Determination: Exempt. On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, Resolution 83-121, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOIV IA, DECLARING ITS INTENTION TO ORDER THE VACATION OF SURPLUS CITY RIGHT-OF-TVAY LOCATED BETWEEN TUSTIN AND IRVINE AVENUES, SOUTH OF 17TH STREET, setting a public hearing on January 16, 1983, at 6:30 p.m., was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer Agreements with The Director of .Public Services has requested approval City of Santa of two agreements with 'the City of Santa Ana for joint Ana signal maintenance at two locations: intersection of MacArthur Boulevard and Hyland Avenue; and the inter - Joint Signal section of Harbor Boulevard and Scenic Avenue/Juniper Maintenance Avenue. The signal for the first intersection mentioned above will be controlled by the City of Santa Ana, and MOTION the signal for the second intersection will remain under Agreements the control of the City of Costa Mesa. On motion by Approved Councilwoman Schafer, seconded by Councilwoman Hertzog, the agreements were approved and the Mayor and Clerk NOES: COUNCIL MEMBERS: None ABSENT: COLNCIL MEMBERS: None REJECTED CLAIMS On motion by Councilwoman Schafer, seconded by Council - Smith woman Hertzog, and carried 5-0, the claim of George and Delores Smith was rejected. Dickerson On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the claim of Jeanet Laura and Donald Duane Dickerson was rejected. Harbor Lawn On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, 25 claims regarding Harbor Lawn Mortuary were rejected. ADMINISTRATIVE ACTIONS The Director of Public Services has requested approval of Change Order No. 1, in the amount of $7,000.00, to Change Order the contract with Lau Engineering, Incorporated, Plaza No. 1 - Lau del Lago, Suite 204, 17220 Newhope Street, Fountain Engineering Valley, for the Fuel Efficient Traffic Signal Program. The change order is necessary because of additional requirements from the Energy Commission which were not MOTION known when the program commenced. On motion by Council - Change Order woman Schafer, seconded by Councilwoman Hertzog, the Approved change order was approved by the following roll call vote: AYES: COLNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COLNCIL MEMBERS: None Agreement with The Director of Personnel has requested approval of -an State Personnel agreement between the City of Costa Mesa and the State Board Personnel Board for testing services. The contract will commence January 1, 1984, and terminate December 31, MOTION 1986. On motion by Councilwoman Schafer, seconded by Agreement Councilwoman Hertzog, the agreement was approved and Approved the Personnel Director was authorized 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: OO[NCIL MEMBERS: None Agreements with The Director of .Public Services has requested approval City of Santa of two agreements with 'the City of Santa Ana for joint Ana signal maintenance at two locations: intersection of MacArthur Boulevard and Hyland Avenue; and the inter - Joint Signal section of Harbor Boulevard and Scenic Avenue/Juniper Maintenance Avenue. The signal for the first intersection mentioned above will be controlled by the City of Santa Ana, and MOTION the signal for the second intersection will remain under Agreements the control of the City of Costa Mesa. On motion by Approved Councilwoman Schafer, seconded by Councilwoman Hertzog, the agreements were 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: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Director of Public Services has requested approval Edison Company of a reimbursement agreement with Southern California Edison Company, 2244 Walnut Grove, Rosemead, for jointly Joint Study for funded feasibility studies of the heating, ventilation, Civic Center and air conditioning system at the Civic Center. Cost of such a study is estimated to be $15,000.00 and the MOTION Edison Company will reimburse the City $7,500.00. On Agreement motion by Councilwoman Schafer, seconded by Council - Approved woman Hertzog, 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: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference On motion by Councilwoman Schafer, seconded by Council - Advances woman Hertzog, Conference Advances, in the amounts of $460.00 and $425.00, for two police officers to attend MOTION the Advanced Management Seminar in Dana Point, January Advances 8-14, 1984, 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 Prohibition of The Traffic Commission has recommended that parking Parking on be prohibited for an additional 30 feet at 1767 Orange Orange Avenue Avenue because vehicles parked at this location inter- fere with the flow of traffic. On motion by Council- MOTICN woman Schafer, seconded by Councilwoman Hertzog, Resolution 83-122 Resolution 83-122, being A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PRD- HIBITING PARKING ON A PORTION OF ORANGE AVENUE, was adopted by the following roll call vote: AYES: COUNCIL METERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Commission has recommended that parking be Parking on prohibited on Peterson Place and Peterson Lane for their Peterson Place entire length because of problems created by accumula- and Peterson tion of dirt and debris compounded by the presence of Lane parked vehicles. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, Resolution 83-123, MOTION being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Resolution 83-123 COSTA MESA, CALIFORNIA, -PROHIBITING PARKING ON BOTH Adopted SIDES OF PETERSON PLACE AND PETERSON LANE FOR THE PUR- POSE OF STREET SWEEPING, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson,. Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Establishing The.Traff is Commission has recommended establishment of Bicycle Lanes on bicycle lanes on Whittier Avenue from 19th Street to the Whittier Avenue Whittier School. On motion by Councilwoman Schafer, seconded by Councilwoman Hertzog, Resolution 83-124, WNW, MOTION Resolution 83-124 Adopted Final Map for Tract 12076 Reese MOTION Map Approved being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING BICYCLE LANES ON A PORTION OF WHITTIER AVENUE, was adopted by the following roll call vote: , AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: McFarland, Schafer None None The Final Map was presented for Tract 12076, Donald E. Reese, 49 Montanas Este, Irvine; 24 lots and Lots A, B, C, D, E, and F, 1.74 acres, located at 939 West 19th Street, for townhouse purposes. On motion by Council- woman Schafer, seconded by Councilwoman Hertzog, the map was approved; the Council did accept on behalf of the City of Costa Mesa the vehicular access rights to 19th Street as released and relinquished; did also approve the map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act, and the Clerk was authorized to sign the map 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 Bid Item 609 Bids received for Bid.Item 609, Resurface and Restripe Resurface Tennis 12 Tennis Courts and 1 Basketball Court, are on file in and Basketball the Clerk's office. On motion by Councilwoman Schafer, Courts seconded by Councilwoman Hertzog, the contract was awarded to Eastwoods Tennis Surface, Incorporated, 5105 MOTION Remington Road, San Diego, in the amount of $11,825.00, Awarded to being the lowest bid meeting specifications. The motion Eastwoods Tennis carried by the following roll call vote: Surface AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1982-83 Parkway Bids received for 1982-83 Parkway Maintenance are on Maintenance file in the Clerk's office. On motion by Council- woman Schafer, seconded by Councilwoman Hertzog, the MOTION contract was awarded to Orange Coast Contracting, Awarded to Incorporated, Post Office Box 3207, Tustin, in the Orange Coast amount of $221,360.00, being the lowest bid meeting Contracting 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 Final Map for Item 15(a) on the Consent Calendar was presented: the Tract 11680 Final Map for Tract 11680, Charles R. Spiller, Jr., Spiller 234 East 17th Street, Suite 117, Costa Mesa; one lot, 0.97 -acre, located on the northwest corner of Orange MOTION Avenue and Cabrillo Street, for condominium purposes. Map The Director of Public Services announced that the Withdrawn developer has requested that the map be removed from the Agenda. On motion by Councilman McFarland, seconded by Vice Mayor Johnson, and carried 5-0, Final Map for Tract 11680 was withdrawn as requested by the developer. OLD BUSINESS The Clerk presented an urgency ordinance repealing Section 16-26 of the Costa Mesa Municipal Code regard - Repeal of Code ing State sales and use taxes. Section 16-26 The City Attorney explained that the ordinance has been requested by the State Board of Equalization in order to make recent Code amendments effective. 1 [1 MOTION On motion by Councilwoman Schafer, seconded by Council - Urgency Ordinance woman Hertzog,-Urgency Ordinance 83-31, being AN ORDI- 83-31 Adopted MANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING SECTION 16-26 OF THE COSTA MESA MUNICIPAL CODE AND RENUMBERING THE SUCCESSIVE CODE SECTIONS THEREAFTER OF TITLE 16, CHAPTER 2, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: ODUNCIL MEMBERS: None Assessment District The Clerk presented from the meeting of November 21, No. 82-2, South 1983, Assessment District No. 82-2, South Coast Metro Coast Metro Center Center. A communication has been received from Sylvia Clark, 3311 South Garnsey, Santa Ana, suggesting a moratorium on development in,.this area. F. MacKenzie Brown, 2171 Campus Drive, Newport Beach, bond counsel for the City, reported on the order of procedure for the proposed Assessment District and explained the sale of bonds. Jim Sauer, Assessment District Engineer from Willdan Associates, 290 South Anaheim Boulevard, Anaheim, gave a general presentation as to boundaries of the District and extent of works of improvement. Councilman McFarland expressed opposition to the use of tax exempt bowls for development of the park and lake. Mayor Hall mentioned that any modifications to the district will necessitate continuance of this item to a later date so that the changes can be made. Michael Oberst, representing the developer, Transpacific Development Company, 21515.Hawthorne Boulevard, Suite 500, Torrance, spoke in support of open space costs being included in the tax exempt bonds, pointing out that the park and lake will be for the enjoyment of the entire community, and that statute allows for the inclusion of open space development in an assessment district. In response to a question from Councilwoman Hertzog, the City Attorney advised that the developer must pro- vide liability insurance which will also cover the City. Councilwoman Hertzog stated that she is impressed with the project, and felt that the park and lake will enhance the area. She also mentioned that the developer must maintain the open space if it is included in the tax exempt bonds, thereby saving the City the cost of maintenance. Councilwoman Hertzog also commented that each assessment district must be viewed individually and therefore, approval of the project, as proposed, will not set a precedent. . MOTION A motion was.made by Councilwoman Schafer, seconded by Proceed with Councilwoman Hertzog, to include the open space in the District as tax exempt bonds as now proposed. The motion carried Proposed 4-1, Councilman McFarland voting no. Designating Persons On motion by Councilwoman Schafer, seconded by Vice to Perform Duties Mayor Johnson, Resolution 83-125, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES FOR Resolution 83-125 SPECIAL ASSESSMENT PROCEEDINGS, was adopted by the Adopted following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None Adopting Proposed On motion by Councilman McFarland, seconded by Council - Boundary Map woman Hertzog, Resolution 83-126, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ADOPTING A MAP SHOWING THE GENERAL NATURE AND LOCATION Resolution 83-126 OF CERTAIN PUBLIC WORKS OF IMPROVEMENT AND SHOWING THE Adopted PROPOSED BOUNDARIES OF THE ASSESSMENT DISTRICT TO BE ASSESSED FOR SAID IMPROVEMENT, was adopted by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None Intent to Order On motion by Councilwoman Hertzog, seconded by Vice Improvements Mayor Johnson, Resolution 83-127, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- MOTION FORNIA, DECLARING INTENTION TO ORDER THE CONSTRUCTION Resolution 83-127 OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES IN Adopted A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE PROVI- SIONS OF THE "M[STICIPAL IMPROVEMENT ACT OF 1913"; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF, AND PROVIDING FOR THE ISSUANCE OF BONDS, was adopted by the following roll call vote: , AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Engineer's Report The Engineer's Report was presented pursuant to the Presented provisions of "Munic.ipal Improvement Act of 1913", consisting of the following: plans, specifications, cost estimate, assessment roll, and assessment diagram. Passing on Report On motion by Councilwanan Schafer, seconded by Council - and Setting Public woman Hertzog, Resolution 83-128, being A RESOLUTION OF Hearing THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMI- MOTION NARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC Resolution 83-128 HEARING, said hearing having been set for February 6, Adopted 1984, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None Referencing Wage On motion by Councilwoman Hertzog, seconded by Vice Scale and Calling Mayor Johnson, Resolution 83-129, being A RESOLUTION OF for Bids THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA REFERENCING PREVAILING WAGE SCALE AND DIRECTING CALL MOTION FOR CONSTRUCTION BIDS, was adopted by the following Resolution 83-129 roll call vote: Adopted AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None F. MacKenzie Brown reported that a proposed resolution concerning contracts for utility installations will be presented at the public hearing of February 6, 1984. WARRANTS On motion by Councilman McFarland, seconded by Vice Mayor Johnson, Warrant Resolution 1235, including 1 MOTION Payroll 8324, was approved by the following roll call Warrant 1235 vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None McFarland Councilman McFarland left the Chambers at this time and Leaves was absent for the remainder of the meeting. CITY MANAGER The City Manager referred to his memorandum of December REPORTS 14, 1983, concerning increase of senior citizen green fees at the Costa Mesa Golf and Country Club. The Senior Citizen City Manager pointed out that the City's survey indi- Rates for Golf cates that there are approximately 33,500 rounds at.the Course senior rate, and of those rounds, 6,500 are seniors who are residents of the City, and.27,000 are nonresident seniors. The City Manager and Director of Leisure Services have recommended that the City increase the senior green fee rate to $S.00.per round for resident and nonresident seniors, and establish a monthly ticket at $30.00 for residents only and $40.00 for a monthly ticket for non- residents. The City Manager also recommended that the present policy of restricted play between the hours of 8:00 a.m. to 10:00 a.m. on Los Lagos course remain in existence; however, if there is an open tee, the starters shall start the seniors on Los Lagos. Mesa Linda course is open all day for seniors. It was further recommended that this increase be effective January 1, 1984. Elvin Hutchison, 2281 Fordham Drive, Costa Mesa, expressed his appreciation to the staff of the Leisure Services Department. He also voiced concern over the restricted hours on the Los Lagos course. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, stated that if the City can afford to give special rates to senior citizens, then it should do so. MOTION A motion was made by Councilwoman Schafer, seconded by Recommended Rates Vice Mayor Johnson, and carried 4-0, approving the Approved recommendation of the City Manager. Construction of The City Manager presented a reccanmendation-concerning Civic Playhouse construction of the Civic Playhouse at the Rea Community Center, 661 Hamilton Street. Bids received are on file in the Clerk's office. In his memorandum dated December 9, 1983, the Director of Leisure Services explained that the low bidder, J. L. Construction, requested to be released from its bid because a mistake had been made in that $13,000.00 worth of materials had been excluded. The next low bidder is Spec Builders and that.bid is in the amount of $131,000.00. The City Manager suggested two options: delete certain items contained in staff's memorandum of December 9; or award the contract to Spec Builders for $131,000.00. He pointed out that if Council decides to award the con- tract as bid, $40,000.00 must be authorized for transfer from the Capital Outlay Fund. MOTION On motion by Councilwoman Hertzog, seconded by Vice Contract Awarded Mayor Johnson, the contract was awarded to Spec to Spec Builders; Builders, 22131 Bianco, Laguna Hills, in the amount Transfer of Funds of $131,000.00, and authorization was given to trans - Authorized fer $40,000.00 from the Capital Outlay Fund to this r project. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland Additional Leave The City Manager requested authorization to extend the of Absence for leave of absence for an Engineering Aide II for an Engineering Aide II additional 90 days. Pursuant to the Personnel Rules and Regulations, all leaves of absence in excess of 90 days must be approved by the City Council upon recom- mendation of the City Manager. MOTION On motion by Vice Mayor Johnson, seconded by Council - Additional Leave woman Hertzog, and carried 4-0, the additional 90 -day Approved leave of absence was approved. PUBLIC HEARING The Clerk announced that this was the time and place R-83-09 set for the public hearing for Rezone Petition R-83-09, Costa Mesa City Council, to rezone property located at 773 Paularino Avenue from R2 to R3, consistent with the requirements of Specific Plan SP -78-02. Environmental Determination: Negative Declaration adopted for Specific Plan SP -78-02. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning Commission and Plan- ning staff recommended approval. There being no speakers, the Mayor closed the public hearing. MO'T'ION A motion was made by Councilwoman Schafer, seconded by Ordinance 83-32 Vice Mayor Johnson, finding that the Negative Declara- Given First tion of Environmental Impact for Specific Plan SP -78-02 Reading adequately addresses the environmental impacts for Rezone Petition R-83-09; and Ordinance 83-32, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOT 1, TRACT 10871, FROM R2 TO R3, was given first reading and passed to second reading. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: McFarland R-83-10 The Clerk announced that this was the time and place Hester/Feldman set for the public hearing for Rezone Petiton R-83-10, Jack W. Hester, authorized agent for Noe Feldman, 27 Silver Crescent, Irvine, for permission to rezone property located at 382 Victoria Street from R2 to R3. 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 approval. The applicant was not present. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Vice Ordinance 83-33 Mayor Johnson, the Negative Declaration of Environ - Given First mental Impact was adopted; and Ordinance 83-33, being Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOT 56, TRACT 57, FROM R2 TO R3, was given first reading and passed to second reading by the following roll call vote: AYES: CODICIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Schafer None McFarland PUBLIC HEARING The Clerk announced that this was the time and place set Appeal of ZE-77-242 for the public hearing for the appeal of the Planning C. E. Surplus Commission's denial of Zone Exception ZE-77-242, frcm Office/Andranian C. E. Surplus Office Furniture, authorized agent for Alex Andranian, 1530 Anita Lane, Newport Beach, for a Conditional Use Permit to allow retail sales in an existing industrial building located at 2044 Placentia Avenue, Unit A, in an MG zone. Environmental Deter- mination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director summarized staff's memorandum of December 15, 1983. The applicant has satisfied Conditions No. 8 and No. 11. Since Council deleted the requirement for a cash deposit for another business at this location, staff has recommended that Condition No. 6 be deleted. Staff has also recommended that the applicant satisfy the remaining conditions within 90 days of Council action. The applicant was not present. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Council- ZE-77-242 woman Hertzog, and carried 4-0, Zone Exception ZE-77-242 Approved was approved, with Condition No. 6 deleted, and the remaining conditions to be satisfied within 90 days of Council action. NEW BUSINESS The Clerk presented Encroachment Permit EP -83-11, the Reverend Conrad Nordquist, authorized agent for the EP -83-11 Bishop of the Protestant Episcopal Church, Post Office Nordquist Box 2164; Los Angeles, to allow an existing wall to encroach into the public right-of-way at 183 East Bay -Street in a PDR -HD zone. Environmental Determination: Exempt. The Development Services Director reviewed the Staff Report and stated that the Planning Commission approved the request by a 3-2 vote, subject to five conditions, and based on the findings that there is adequate pedes- trian access on Laurie Lane provided on the west side of the street; access to Orange Avenue and Bay Street is provided through the church property; removal of the existing wall and installation of a sidewalk and a new wall would require the removal of existing trees and shrubs which presently exist to the east of the exist— ing xisting wall; and the existing six-foot fence provides security to the rear of the church property. Reverend Nordquist spoke in support of his request stating that removal of the existing wall, installation of a sidewalk, and construction of a new wall will be too costly, and he felt there is sufficient access pro- vided through the property. Bob Yoder, 155 Buoy Street, Costa Mesa, spoke in opposi- tion to the encroachmentthe and reminded the Council that the Planning staff has recommended denial. Mr. Yoder stated that pedestrians using the easterly side of Laurie Lane will be forced to walk in the street for 130 feet before reaching Bay Street. Mr. Yoder gave a slide presentation detailing his suggestions for removal of the exising wall, installation of a sidewalk, and location and of the new wall. He reiterated that it would be unsafe for the elderly to walk on the street. Mr. Yoder urged the Council to enforce the City's original requirement for installation of the sidewalk. Bill Kaban, 2029 Laurie Lane, also spoke in opposition to the encroachment permit and commented that if the applicant did not have the funds to comply with the requirement for sidewalk installation, he should not have started the project at all. Brian Hunt, 1593-D Coriander Drive, Costa Mesa, stated that he.is an employee of the church, spoke in support of the request and expressed his opinion that if a sidewalk is installed, it would encourage more parking on Bay Street. Charles Hamilton, 398 Wilson Street, Costa Mesa, also spoke in support of the encroachment permit and sug- gested that Reverend Nordquist make it a policy of the senior citizens development that Laurie Lane is not to be used. Motion to Approve A motion was made by Councilwoman Schafer to approve EP -83-11 Failed Encroachment Permit EP -83-11 subject to four conditions to Carry contained in the Staff Report and based on the findings that applicant shall provide proof of general liability insurance; applicant shall sign and record a "hold harm- less" agreement; applicant must maintain the approved wall; and upon redevelopment of any portion of the property, the encroachment permit shall be terminated and the wall must be removed at applicant's expense. Councilwoman Hertzog seconded the motion so that dis- cussion could be held. She expressed her concern that there will not be a continuous sidewalk if the encroachment is approved. Councilwoman Hertzog stated that she could not support Mr. Yoder's plan because it would take away 10 feet from the play yard. She con- cluded her statements by stating that she could not vote in favor of the request.' Councilwoman Schafer amended her motion, seconded by Councilwoman Hertzog, to also include Condition No. 5 as shown on the first page of the Staff Report. The Mayor called for the vote and the motion failed to carry because of a 2-2 tie vote, Council Members Hertzog and Johnson voting no. MOTION On motion by Councilwoman Schafer, seconded by Vice EP -83-11 Mayor Johnson, and carried.4-0, this item was continued Held Over to the meeting of.January 3, 1984, when all Council Members will be present. Charles Hamilton submitted a communication from Marta Brown, 2033 Laurie Lane, Costa Mesa, stating that she has no objection to the wall as it presently exists. Councilwoman Hertzog asked that staff investigate the possibility of using Housing and Community Development funds for the sidewalk and wall, and to report the findings at the January 3 meeting. ORAL COMMUNICATIONS rbrmer Mayor Alvin Pinkley congratulated the Council and all City staff for the excellent work they have Council and Staff done in the past year and wished everyone a happy Commended new year. EP -83-11 Bob Yoder spoke again regarding Encroachment Permit EP -83-11 for property at 183 East Bay Street. He COUNCILMANIC COMMENTS ADJOUINMENT u C1 reported..that the -new structure is encroaching five feet into the required setback and that he has contacted the Building Division asking that staff inspect the site. ...._:The Council Members thanked Alvin and Lucy Pinkley for their support and wished all a happy Christmas and new year. Mayor Hall declared the meet' a Jb ned a- 8:15 .m. Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Costa Meqql 2111