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HomeMy WebLinkAbout04/05/1982 - City Council5 ROLL CALL MINUTES March 15, 1982 ORDINANCES CONSENT CALENDAR WRITTEN COMMUNICATIONS REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 5, 1982 The City Council of the City of Costa Mesa, met in regular session on April 5, 1982, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Councilman McFarland. Council Members Present: Council Members Absent: Officials Present: Schafer, Hall, McFarland Hertzog, Johnson City Manager, Assistant City Attorney, Development Services Director, Director of Public Services, City Clerk On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried 3-0, the minutes of the regular meeting of March 15, 1982, were approved. A motion was made by Councilman McFarland, seconded by Vice Mayor Hall, and carried 3-0, to read all ordinances by title only. The following item was removed from the Consent Calen- dar: Item 4, Permanent entertainment permit for Ronstadt's, 719 West 19th Street. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson A request was presented for authorization to destroy Destruction of certain records in the Finance Department. On motion Records for by Councilman McFarland, seconded by Vice Mayor Hall, Finance Department Resolution 82-21, being A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING MOTION RECORDS DESTRUCTION FOR THE FINANCE DEPARTMENT OF THE Resolution 82-21 CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, Adopted was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson READING FOLDER On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried 3-0, the following Reading Folder items were received and processed: Claims The following claims were received by the Clerk: Gregory Wayne Smith; Cecelia Moreno; Chris Teregis; Attorney Bradley K. Schwarz on behalf of Joe Sandoval Vigil; Attorney Frank Wright on behalf of Steven Mikal Walker; Attorney John R.- Cogorno on behalf of Donald Craig Aplanalp; and Howard G. Nourse. 1 Alcoholic Alcoholic Beverage Licenses for which parking has Beverage been approved by the Planning Division, from: Licenses Authority International, Incorporated, doing business as Ronstadts, 719-23 West 19th Street; Audrey R. and Clarence P. Helenihi, doing busi- ness as Da Kine, 2901 Harbor Boulevard; and Joseph J. Yukech, doing business as The Concert Factory, 17.14 Placentia Avenue. Public Utilities Notice from the Public Utilities Commission of Commission the filing of Application No. 82-03-04 by South- ern California Edison Company, for authority to implement its proposed rate stabilization plan by reducing its energy cost adjustment billing factors, to reduce its annual energy rate, and to maintain its presently -effective Catalina energy cost balance adjustment billing factor. Notice from the Public Utilities Commission of public hearings concerning Application 82-03-16, Southern California Gas Company and Pacific Lighting Gas Company, to increase rates by $1,294,513,000.00 per year. LAFCO Notification from the Local Agency Formation Commission (LAFCO) that determination will be made on March 24, 1982, concerning a proposed annexation to the Costa Mesa Sanitary District, designated Engineer's No. 203 Annexation, located in the general area of Bear and Baker Streets. Notice from the Local Agency Formation Commission (LAFCO) that applications are now being accepted to fill its public member seat. The four-year term of the present public member, Robert E. Dwyer, will expire May 3, 1982. Super Bowl XX A resolution from the City of Tustin supporting the efforts of the cities of Anaheim, Buena Park, and other Orange County cities and organizations to bring Super Bowl XX to Anaheim Stadium. Peripheral A resolution from the City of Tustin supporting Canal ratification of the peripheral canal referendum. Protesting Air A resolution from the City of Avalon, Santa Pollution Catalina Island, protesting air pollution gener- ated by Los Angeles County and Orange County cities and directing certain legal actions. New Traffic Letter from Donald W. O'Neal, 1822 Tanager Drive, Commissioner Costa Mesa, expressing appreciation to the City Council for appointing him to the Costa.Mesa Traffic Commission. Route 55 Letter from James H. Eldridge, on behalf of Citizens for Completion of Route 55, 27285 Las Ramblas, Suite 210, Mission Viejo, expressing thanks to City employees for their help and cooperation. ZE-82-12 Letter from Frank Italiane, 155 Merrill Place, Costa Mesa, expressing his appreciation to the Council for their decision on March 15, 1982, concerning Zone Exception ZE-82-12. State Controller Statements from the State Controller containing List of Estimated the estimated revenues for each city and county Revenues to be apportioned during the fiscal year ending June 30, 1983, from the following sources: highway users taxes; motor vehicle license fees; and off-highway motor vehicle license fees. - 56 BUSINESS PERMITS McCormick's Landing On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried 3-0, a permanent entertainment MOTION permit was approved for McCormick's Landing, 3180 Airway Approved Avenue, subject to conditions of the Revenue Division. VFW Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from Veterans of Foreign Wars, MOTION Coast Line Post No. 3536, 565 West 18th Street, Costa Approved Mesa, by sale of Buddy Poppies May 14 and 15, 1982. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried 3-0, the request was approved with application of Municipal Code Section 9-234J. City of Hope Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from the City of Hope, 208 MOTION West Eighth Street, Los Aneles, by door-to-door solici- Approved tation June 13-30, 1982. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried 3-0, the request was approved with application of Muni- cipal Code Section 9-234J. Circus Vargas A request has been received from Circus Vargas Corpora- tion, 5150 Candlewood Street, Suite 5, Lakewood, to MOTION conduct a circus at the Orange County Fairgrounds April Approved 15 through 18, 1982. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried 3-0, the request was approved. PERMITS Exchange Club A request has been received from Exchange Club of Newport Harbor, Post Office Box 1022, Newport Beach, MOTION to use Lions Park May 22, 1982, from 6:00 a.m. to Approved 2:00 p.m., for the purpose of conducting a pancake breakfast. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried 3-0, the request was approved subject to conditions of the Leisure Services Department. Sidoti A request has been received from Paul Sidoti, 14672 Purdy Street, Midway City, to use TeWinkle Park on May MOTION 16, 1982, for a "Photo Day". On motion by Councilman Approved McFarland, seconded by Vice Mayor Hall, and carried 3-0, the request was approved subject to conditions of the Leisure Services Department. SET FOR PUBLIC HEARING On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried 3-0, the following items were set for public hearing on the dates indicated, at 6:30 p.m., in the Council Chambers of City Hall: Revocation of May 3, 1982: To consider revocation of Encroach - Encroachment ment Permit No. 66, water well site on the south Permit No. 66 side of Sunflower Avenue approximately 100 feet west of Fuchsia Street, and to declare well site a public nuisance. Revenue Sharing Funds REJECTED CLAIMS Ulibarri April 19, 1982: To consider proposed uses of Federal Revenue Sharing Funds. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried 3-0, the claim of Charles Ulibarri was rejected. Evans On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried 3-0, Council granted Leave to Present a Late Claim from Susan A. Evans, and the claim was rejected. ADMINISTRATIVE ACTIONS The Director of Public Services has recommended approval of Change Order No. 6, in the amount of $30,230.76, for Change Order 6 increased costs of tree removal and concrete work in and Notice of connection with the contract for 1981-82 Street Mainte- Completion - nance. Also, the work.has been completed by Porter 1981-82 Street Construction Company, Incorporated, 13901 Gershon Place, Maintenance Santa Ana, to the satisfaction of the Director of Public Services. On motion by Councilman McFarland, seconded MOTION by Vice Mayor Hall, the change order was approved; the Approved work wasaccepted; the Clerk was authorized to file a Notice of Completion; the bonds were ordered exoner- ated; authorization was given to release $10,768.39 of retention funds immediately with the balance of $794.94 to be released 35 days after the Notice of Completion has been filed. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson Bid Item 538 On motion by Councilman McFarland, seconded by Vice One Truck Mayor Hall, and carried 3-0, all bids received for Bid Item 538, One 1982 Truck with Special Body, were MOTION rejected because specifications were not met. Bids Rejected Design of Realign- Bids received for the design of realignment of the 17th ment of 17th Street Street extention to Newport Boulevard are on file in the Extension Engineering Division. On motion by Councilman McFar- land, seconded by Vice Mayor Hall, the contract was MOTION awarded to Governmental Professional Services, 1420 East Awarded to G.P.S. Edinger Avenue, Suite 211, Santa Ana, in an amount not to exceed $11,800.00. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson Bid Item 539 Bids received for Bid Item 539, Temporary Personnel Temporary Services, are on file in the Clerk's office. On motion Personnel by Councilman McFarland, seconded by Vice Mayor Hall, Services the contract was awarded to The People Machine, 12631 Newport Avenue, Tustin, and to Kelly Services, Incorpor- MOTION ated, 16152 Beach Boulevard, Suite 230-E, Huntington Awarded to People Beach. The motion carried by the following roll call Machine and Kelly vote: Services AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson Bid Item 542 Bids received for Bid Item 542, Fiberglass a Swimming Fiberglass Pool, are on file in the Clerk's office. On motion by Swimming Pool Councilman McFarland, seconded by Vice Mayor Hall, the contract was awarded to Glass -Coat Systems, Incorpor- MOTION ated, Post Office Box 214818, Sacramento, in the amount Awarded to of $11,950.00. The motion carried by the following roll Glass -Coat call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson Sole Source The Director of Finance has requested authorization to Purchase of IBM purchase two IBM -3370 disk drives from Coastal Computer Disk Drives Marketing, Incorporated, 15335 Morrison Street, Suite 170, Sherman Oaks, in the amount of $83,137.00. It is necessary to purchase the disk drives from a third ,58 party vendor since IBM Corporation is unable to deliver �1 them at the same time the balance of the IBM -4331 computer system is delivered on December 9, 1982. On MOTION motion by Councilman McFarland, seconded by Vice Mayor Approved Hall, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson Sole Source The Purchasing Agent has requested authorization for Purchase of sole source purchase of advertising items from the Advertising Vernon Company, Post Office Box 3264, Fullerton, in the Items amount of $8,000.00. This is a budgeted item of the City Manager's Advertising and Promotion budget. On MOTION motion by Councilman McFarland, seconded by Vice Mayor Approved Hall, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson Amend Contract The Purchasing Agent has requested authorization to for Bid Item amend the contract with Universal Building Maintenance, 469 1226 West 5th Street, Santa Ana, in connection with Bid Item 469, Purchase Order 99-364, Janitorial Services at the Civic Center. The amendments requested are as follows: (a) increase monthly charge from $4,820.00 to $5,061.00; and (b) extend contract through June 30, 1983, with amended price. On motion by Councilman MOTION McFarland, seconded by Vice Mayor Hall, the contract Approved amendments were approved by, the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson Extend Agreement The Assistant City Manager, in a memorandum dated with Shapell March 29, 1982, requested authorization for a six-month extension of the Development Disposition Agreement with Costa Mesa Shapell Government Housing, Incorporated, 8383 Wilshire Family Village Boulevard, Suite 700, Beverly Hills. The agreement pertains to the development of 50 units of new housing for families under HUD's Section 8 program, and the above-mentioned memorandum explains the need for the MOTION extension. On motion by Councilman McFarland, seconded Approved by Vice Mayor Hall, the six-month extension was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson Landscaping On motion by Councilman McFarland, seconded by Vice Assessment Mayor Hall, Resolution 82-22, 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 MESA LANDSCAPING ASSESSMENT DISTRICT NO. 1, Tract 9901, MOTION located at the southeast corner of Sunflower Avenue and Resolution 82-22- Smalley Road, was adopted by the following roll call Adopted vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson Landscaping On motion by Councilman McFarland, seconded by Vice Assessment Mayor Hall, Resolution 82-23, being A RESOLUTION OF District No. 2 THE CITY COUNCIL OF THE CITY OF.COSTA MESA, CALIFORNIA, �1 59 INITIATING PROCEEDINGS FOR THE RENEWAL OF CITY OF COSTA MOTION MESA LANDSCAPING ASSESSMENT DISTRICT NO. 2, Tract Resolution 82-23 15013, located at the northwest corner of Bear Street Adopted and the Corona del Mar Freeway, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson Conference On motion by Councilman McFarland, seconded by Vice Advances Mayor Hall, a Conference Advance, in the amount of $400.00, for a police captain to attend the California MOTION Peace Officers' Association Annual Conference in San Approved Diego, May 18-21, 1982; was approved by the following roll. -call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson On motion by Councilman McFarland, seconded by Vice MOTION Mayor Hall, a Conference Advance, in the amount of Approved $485.00, for the Police Chief to attend the California Peace Officers' Association Annual Conference in San Diego, May 18-21, 1982, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson On motion by Councilman McFarland, seconded by Vice MOTION Mayor Hall, a Conference Advance, in the amount of Approved $440.00, for a police officer to attend the Association of Police Planning and Research Officers in San Diego, May 3-7, 1982, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson On motion by Councilman McFarland, seconded by Vice MOTION Mayor Hall, a Conference Advance, in the amount of Approved $515.00, for a police officer to attend Hazardous Materials Incidents and TCS in San Luis Obispo, June 7- 11, 1982, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson Change Order No. 2 Change Order No. 2, in the amount of $16,380.00, was Boyle Architectural presented relating to the contract with Boyle Architec- tural Associates, Post Office Box 3030, Newport Beach, Civic Center Annex for design of the Civic Center Annex, Phase I.- The change order is requested to provide adequate compensa- tion to the contractor for additional design work. On motion by Councilman McFarland, seconded by Vice Mayor Hall, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson Proposition No. 9 On motion by Councilman McFarland, seconded by Vice Mayor Hall, Resolution 82-24, being A RESOLUTION OF THE MOTION CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, IN Resolution 82-24 SUPPORT OF PROPOSITION 9, relating to construction of Adopted the Peripheral Canal, was adopted by the following roll Permit-Ronstadt's Item 4 on the Consent Calendar was presented, a permanent entertainment permit for Ronstadt's, 719 MOTION West 19th Street. On motion by Vice Mayor Hall, Referred to seconded by Councilman McFarland, and carried 3-0, Development this item was referred to the Development Services Services Director Director for further evaluation. OLD BUSINESS R-82-03 On motion by Vice Mayor Hall, seconded by Councilman Land and Sea McFarland, Ordinance 82-5, being AN ORDINANCE OF THE Enterprises CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF LOTS 51 AND 61, MOTION - NEWPORT HEIGHTS TRACT, FROM MG AND C1 -CP TO CL, in Ordinance 82-5 connection with R-82-03, Land and Sea Enterprise, for Adopted property located at 1680 Superior Avenue, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog,,Johnson R-82-01 The Clerk presented for second reading and adoption Segerstrom Ordinance 82-6, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF PARCELS 2 AND 3 FROM M1 AND C1 -CP TO PDR -UC, in connection with Rezone Petition call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson Budget Adjustment On motion by Councilman McFarland, seconded by Vice No. 82-42 Mayor Hall, Budget Adjustment No. 82-42, in the amount of $20,000.00, to complete the purchase of an aerial MOTION ladder truck, was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson Budget Adjustment On motion by Councilman McFarland, seconded by Vice No. 82-43 Mayor Hall, Budget Adjustment No. 82-43, in the amount of $14,600.00, to transfer appropriation to complete MOTION modification of the fire hydrant system, was approved Approved by the .following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson Exchange Bonds A request has been received from the Planning Division for ZE-72-101 for an exchange of bonds in connection with Zone Excep- tion ZE-72-101, Tesoro Company, doing business as Digas Company, 3066 Bristol Street. The bond presently on file (1914568) is to ensure removal of the service station at the above address should the station cease operation for 180 days. The new bond (1175177) will continue to fulfill the conditions of the subject zone MOTION exception. On motion by Councilman McFarland, seconded Approved by Vice Mayor Hall, Bond No. 1175177 was accepted, and Bond No. 1914568 was ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson Permit-Ronstadt's Item 4 on the Consent Calendar was presented, a permanent entertainment permit for Ronstadt's, 719 MOTION West 19th Street. On motion by Vice Mayor Hall, Referred to seconded by Councilman McFarland, and carried 3-0, Development this item was referred to the Development Services Services Director Director for further evaluation. OLD BUSINESS R-82-03 On motion by Vice Mayor Hall, seconded by Councilman Land and Sea McFarland, Ordinance 82-5, being AN ORDINANCE OF THE Enterprises CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF LOTS 51 AND 61, MOTION - NEWPORT HEIGHTS TRACT, FROM MG AND C1 -CP TO CL, in Ordinance 82-5 connection with R-82-03, Land and Sea Enterprise, for Adopted property located at 1680 Superior Avenue, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog,,Johnson R-82-01 The Clerk presented for second reading and adoption Segerstrom Ordinance 82-6, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF PARCELS 2 AND 3 FROM M1 AND C1 -CP TO PDR -UC, in connection with Rezone Petition R-82-01, C. J. Segerstrom and Sons, for property located MOTION at the northwest corner of Adams Avenue and Pinecreek Adoption of Drive. On motion by Councilman McFarland, seconded by Ordinance 82-6 Vice Mayor Hall, and carried 3-0, this item was contin- Held Over ued to the meeting of May 3, 1982, as requested by the applicant in a letter dated March 31, 1982. WARRANTS On motion by Councilman -McFarland, seconded by Vice MOTION Mayor Hall, Warrant Resolution 1173, including Payrolls Warrant 1.173 8206 and 8207, was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson On motion by Councilman McFarland, seconded by Vice MOTION Mayor Hall, Warrant Resolution 1174 was approved by Warrant 1174 the following roll call vote: Approved 'AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog, Johnson PUBLIC HEARING The Clerk announced that this was the time and place R-82-02 set for the public hearing for Rezone Petition R-82-02, Crown/Kobor Crown Engineering and Surveying Corporation, 18455 Burbank Boulevard, Suite 204, Tarzana, authorized agent for George Kobor, Post Office Box 5185, Beverly Hills, for permission to rezone property located at 2881'and 2891 Bear Street from R3 to R4. Environmental Deter- mination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. On MOTION motion by Councilman McFarland, seconded by Vice Mayor Held Over Hall, and carried 3-0, the public hearing was continued to the meeting of June 7, 1982, as recommended by staff. PUBLIC HEARING The Clerk presented from the meeting of March 1, 1982, SP -82-01 the continued public hearing for Specific Plan SP -82-01, affecting commercially zoned properties in the vicinity of Bristol Street, between the San Diego (405) Freeway and the Costa Mesa (55) Freeway. Mayor Schafer announced that since there were only three Council Members present, the Council agreed that this item should be continued until all five Council Members are in attendance. MOTION A motion was made by Vice Mayor Hall, seconded by Held Over Councilman McFarland, and carried 3-0, to continue the public hearing to the meeting of May 3, 1982. NEW BUSINESS Appeal from Pine- The -Clerk presented an appeal from Phillip N. Lyons and creek Investment John L. Cashion, Pinecreek -Investment Company, 18952 of ZE-82-22/Ewing MacArthur Boulevard, Suite 310, Irvine, of the Planning Commission's approval of Zone Exception ZE-82-22, Thomas Ewing, authorized agent for Sandra J. Ewing, 221 Via Nice, Newport Beach, for permission to operate an auto- mobile service establishment within 200 feet of a residential zone, located at 1281-A Logan Avenue, in an MG zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. The Development Services Director reviewed -the -Planning Staff memoranda dated April 1 and. -April 5, 1982;-wh ch contain the following recommendations, respectively -:--- (1) Add Condition No. 9, "The maximum noise -level- shall not exceed 50 dBA, 10 feet fromthe nearest -residential unit adjoining subject property; and (2),Modify Condi tion No. 3 to read, "Applicant shall file -a Right of= -62 Entry Agreement and cash deposit to guarantee that the overhead door located in the rear of the subject build- ing will be removed and replaced with a solid wall, if it is determined by the Director of Development Services that noise generated from the subject use exceeds levels specified in Condition No. 9". The Development Services Director also pointed out that staff, applicant, and the appellant held a discussion and it was mutually agreed that the conditions imposed should alleviate any noise problems. MOTION A motion was made by Vice Mayor Hall to approve Zone Approved Exception ZE-82-22, based on the findings and analysis contained in the Staff.Report; subject to all condi- tions recommended by the Planning Commission; modifying Condition No. 3, and adding Condition No. 9, as previ- ously stated; and adding Condition No. 10, "Hours of operation for engine testing shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, only". The motion was seconded by Councilman McFarland, and carried 3-0. ORAL COMMUNICATIONS ZE-82-12 Robert Ashley, 2133-A Elden Avenue, Costa Mesa, spoke Italiane/Mekis in opposition to the Council's action on March 15, 1982, at which time Zone Exception ZE-82-12, Italiane/Mekis, was denied, however, the applicant was given eight months to revert the property at.155 Merrill Place back to residential use. Mr. Ashley further stated that he attended the subject Council meeting but was not given the opportunity to voice his opposition to the zone exception. Mr. Ashley, who owns an apartment complex in the subject area, also reported that neither the sign nor the trash containers had been removed, cars and vans belonging to Mr. Italiane and his employees were parked,on the street, and that it was his opinion that there was no one residing at the subject property. Mayor Schafer and Vice Mayor Hall apologized to Mr. Ashley because he had not been given the opportunity to speak when the zone exception was heard. Vice Mayor Hall stated that it was a Council oversight and that every effort would be made to avoid this happening in the future. Curb Ramps at A representative of the 200 disabled students of Orange O.C.C. for Coast College requested that curb ramps be installed Disabled at the college as soon as possible. Mayor Schafer Students responded that the work was scheduled for April 9, 1982. The City Manager reported that there could be a delay because of a teamsters' strike. ADJOURNMENT The Mayor declared the meeting adjourned at 7:00 p.m. or of the City of Co - a Mesa ATTEST: G� C1� C�Ty CTe_r_F_oT the City of Costa m6sa