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HomeMy WebLinkAbout06/21/1982 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA June 21, 1982 The City Council of the City of Costa Mesa, California, met in regular session on June 21, 1982, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag., and Invocation by the Reverend Joseph Buonassissi, First Baptist Church. Council Members Present: Council Members Absent: Officials Present: Schafer, Hall, Hertzog, McFarland, Johnson None City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Vice Mayor Hall, seconded by Councilman June 7, 1982 McFarland, and carried 5-0, the minutes of the regular meeting of June 7,,1982, were approved. ORDINANCES A motion was made by Councilman McFarland, seconded by Councilman Johnson, and carried 5-0, to read all ordi- nances by title only. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 2, request for solicitation permit from Minor SportsFoundation of America; Item 5, Set public hearing for Rezone Petition R-82-07, Gregory/Hertzog; Item 20, renewal of agreement with Fair Housing Council of Orange County; Item 20(b), Award of contract for Site Improve- ments at the Costa Mesa Golf and Country Club Parking Lot; and Item 25(b), Extension of Redevelopment Agency Promissory Notes 11 through 21 and reduction of interest rate for Note No. 21. On motion by Councilman McFarland, seconded by Council- woman Hertzog, the remaining Consent Cal=endar items were approved in one motion by:the following roll call vote: AYES: COUNCIL MEMBERS-:- Schafer; --Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims were received by the City Clerk from the following claimants: Amy Litton; State Farm Mutual Automobile Insurance Company on behalf of Bill Racoosin; Anna M. Shereshevsky; and Attorney Floyd V. Baxter on behalf of Thomas Charles Ryan. Alcoholic Alcoholic Beverage License for which parking has Beverage been approved by the Planning Division from: Licenses Marion Ernest Bowen, doing business at 88 Fair Drive, No. 101; Marion E. Bowen, doing business at 88 Fair Drive cafeteria; Lang Chi Nguyen, doing business at 1548 Adams Avenue, Suite "A"; Shirley L. Morton, doing business as George's, 145 East 19th Street; Hyun Choo and Kyung Soon i - 1 Chin, doing business as Sunshine Liquor, 724 West 19th Street; Anita L. and Douglas A. Graham, doing business as Friend's Deli, 3033 Bristol Street, Suite "D"; and Don Jose Restaurants, Incorporated, doing business at 428 East 17th Street. State A resolution from the City of Signal Hill urging Subventions the State legislature not to make any change in to Cities the present formula for State subventions to cities. SET FOR PUBLIC HEARING On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried 5-0, the following items were set for public hearing on the dates indicated:. R-82-05 July 6, 1982 - Rezone Petition R-82-05, Milton J. Meehan Meehan, 2319 Margaret Drive, Newport Beach, for permission to rezone property located, at 221-1/2 Avocado Street from C2 to R2. Environmental Determination: Negative Declaration adopted for General Plan amendment GP -81-3A. R-82-06 July 6, 1982 - Rezone Petition R-82-06, Earl Luff/Hoffman Luff, authorized agent for William C. Hoffman, 22 Kialoa Court, Newport Beach, for permission to rezone property located at 244 Ogle Street from R2 to R3. Environmental Determination: Negative Declaration. Condemnation July 6, 1982 - Resolution of Necessity to condemn for 17th Street property measuring 5 feet by 60 feet for acquisi- Extension tion of right-of-way for alley project south of 17th Street between Santa. Ana and Tustin Avenues; Graham Parcel No. 7, located at 346 Ogle Street. Curci-England/ August 2, 1982 - Following items for Curci- Sakioka England Company, authorized agent for Sakioka Farms, Incorporated, 14850 East Sunflower Avenue, Santa Ana, for property located between the San Diego Freeway and Sunflower Avenue, and between Avenue of the Arts and Main Street, in a PDC and PDR -HD zone. Environmental Determination: Environmental Impact Report accepted for General Plan Amendment GP -78-3A: GP -82-2A General .Plan Amendment GP -82-2A, for permis- sion to delete General Plan Guideline "A" (project phasing) of General Plan Amendment GP -78-3A (Revised). Draft Supplement to EIR for GP -78-3A Draft supplement to the Final Environmental Impact Report for General Plan Amendment GP -78-3A. GP -82-2B August 2, 1982 - General Plan Amendment GP -82-2B, City of Costa Mesa, for permission to amend the City's procedures and policies for administration and implementation of the General Plan. Environ- mental Determination: Environmental Impact Report accepted July 20, 1981. REFUNDS Butler Housing A request has been received from Butler Housing Corpora- tion, 1691 Kettering Street, Irvine, for refund of a cash deposit of $6,003.70, :relating to a General Plan Amendment and. Rezone Petition which were withrawn by the applicant in connection with the Fairview State Hospital MOTION housing project, located at 2501 Harbor Boulevard. On Refund Authorized motion -by Councilman McFarland, seconded by Councilwoman Hertzog, the refund was' authorized by the following roll call vote: AYES: UUUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson None None Claims On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried 5-0, an Application for Leave Prechel to Present a Late Claim from Kristine L. Prechel was Denied denied. ADMINISTRATIVE The Orange County Transit District has requested the ACTIONS Costa Mesa Traffic Commission to install or relocate of Change Order Nos. 11' through various bus stops in northeast Costa Mesa to allow for Prohibition of new or improved bus service on Bear Street, Baker Parking for -Bus Street, Paularino Avenue, and Red Hill Avenue. Three Stops of the locations require prohibition of parking for Assessment the requested bus stops. On motion by Councilman MOTION McFarland, seconded by Councilwoman Hertzog, Resolution Resolution 82-50 82-50, being A RESOLUTION OF THE CITY COUNCIL OF THE Adopted CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING BUS STOPS Area. On WITHIN THE CITY OF COSTA MESA, was adopted by the motion by Councilman McFarland, following roll call vote: Change Orders AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, authorized by the fol - McFarland, Johnson lowing roll call vote: NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement - Greer An agreement with Greer and Company, 4095 East La Palma and Company Avenue, Suite L, Anaheim, was presented. The agreement for the Fairview Bike Trail Study for an approximate Fairview Bike amount of $6,940.00, but not to exceed $7,635.00. On Trail Study motion by Councilman McFarland, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the foll.owi.ng roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No 4 The Director of Public Services has recommended approval Bein and Frost of Change Order No. 4, in the amount of $50,700.00, to the contract with Robert Bein, William Frost and Associ- Assessment ates, 1401 Quail Street, Newport Beach, for additional District No. 80-1 engineering services required for construction of Assessment District No. 80-1, MacArthur/Sunflower Indus- trial District. During construction, it was necessary MOTION to include and make various plan revisions because of Change Order field conditions. On motion by Councilman McFarland, Authorized seconded by Councilwoman Hertzog, the change order was authorized by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Orders 11 The Director of Public Services has recommended approval through 15 - McGrew of Change Order Nos. 11' through 15, for a total amount Construction. of $37,247.51, to the contract with McGrew Construction Company, Post Office Box 6540, Anaheim, for additional Assessment necessary work recommended by the soil testing company District 80-1 in connection with construction of Assessment District No. 80-1, MacArthur/Sunflower Industrial Area. On MOTION motion by Councilman McFarland, seconded by Councilwoman Change Orders Hertzog, the change orders were authorized by the fol - Authorized lowing roll call vote: AYES: COUNCIL MEMBERS:' Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 ��I Lnange Orders 1 & 2 - All American Asphalt 1981-82 Street Maintenance, Phase II MOTION Change Orders Approved MacArthur Boule- vard Improvement by County MOTION Resolution 82-51 Adopted Improvements in Tract 10957 P. I. and I. MOTION Work Accepted Bonds Exonerated Improvements for DR -81-13 Saddleback Associates MOTION Work Accepted Bonds Exonerated Assessment District 79-01 South Coast Drive MOTION Resolution 82-52 Adopted The Director of Public Services has recommended approval of Change.Order Nos. 1 and 2, for a total amount of $72,313.06, to the contract with All American Asphalt Company, 932 Town and Country Road, Orange, relating to the 1981-82 Street Maintenance Project, Phase II. The change orders include additional work found to be bene- ficial to the.City because of exceptionally low unit prices, therefore, the City decided to add four addi- tional streets to the project. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the change orders were approved by the following roll call vote: AYES: COUNCIL MEMBERS:, Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilman McFarland, seconded by Council- woman Hertzog, Resolution 82-51, being A RESOLUTION OF THE CITY COUNCIL'.OF THE CITY OF COSTA MESA, CALIFORNIA, CONSENTING TO THE DECLARATION BY THE COUNTY OF ORANGE THAT A PORTION OF MAC ARTHUR BOULEVARD BE A COUNTY HIGH- WAY DURING THE PERIOD OF IMPROVEMENT BY THE COUNTY OF ORANGE, was adopted by the following roll call vote: AYES: COUNCIL.MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements in Tract 10957 have been completed to the satisfaction of the Director of Public Services by P. I. and I., Incorporated, 13919 Struickman Road, Cerritos, for property located at 2459-2473 Orange Ave- nue. On motion by Councilman McFarland, seconded by Councilwoman Hertzog,,the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson None None Improvements relating to Development Review DR -81-13 have been completed to the satisfaction of the Director of Public Services by Saddleback Associates, Incorpor- ated, 2615 South Orange Street, Santa Ana, for property located at 2664 Newport Boulevard. On motion by Coun-, cilman McFarland, seconded by Councilwoman Hertzog, the work was accepted, and the bonds were ordered exoner- ated, by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Director of Public Services has recommended final acceptance of Assessment District No. 79-01, South Coast Drive, since the work has been completed and accepted by the City. A surplus currently remains in the improve- ment fund in the amount of $505,228.92 as of March 31, 1982, and the two-year time period has elapsed from the date of receipt of the bond proceeds. Pursuant to - Section 10427.1 of the Streets and Highways Code of the State of California, the surplus may be distributed to property owners in the district in proportion to the confirmed assessments. On motion by Councilman McFar- land, seconded by Councilwoman Hertzog, Resolution 82-52, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MAKING DECLARATION REGARDING SURPLUS IN IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NO. 79-01, SOUTH COAST DRIVE, was adopted by the following roll call vote: 117 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson None None Appropriations On motion by Councilman McFarland, seconded by Council - Limit for 1982-83 woman Hertzog, Resolution 82-53, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR Resolution 82-53 THE FISCAL YEAR OF 1982-83, IN ACCORDANCE WITH ARTICLE Adopted XIII -B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, setting a limitation of $29,416,172.00, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Picnic Shelter at Bids received for Construction of a Picnic Shelter at Brentwood Park Brentwood Park are on file in the Clerk's office. On motion by Councilman McFarland, seconded by Council - MOTION woman Hertzog, the contract was awarded to R. G. Con - Awarded to R. G. struction, 2165 State Avenue, Costa Mesa, in the amount Construction of $6,200.00, being the lowest bid meeting specifica- tions. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Request to The Purchasing Agent has requested authorization to Combine combine three air conditioning contracts with Honeywell, Honeywell Incorporated, into a single contract. The new single Contracts contract will be for five years and will include all the terms and conditions of the original Bid Item No. MOTION 320, Revision A. A motion was made by Councilman Approved McFarland, seconded by Councilwoman Hertzog, giving authorization to combine the three contracts. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement - Graves An agreement with Robert Clark Graves, Incorporated, 2207 Port Harwick Place, Newport Beach, was presented. Architectural The agreement stipulates an amount of $26,000.00 for Services at Vista landscape architectural services required to revamp Park Vista Park. On motion'by Councilman McFarland, seconded by Councilwoman Hertzog, the agreement was approved, and MOTION the Mayor and Clerk were authorized to sign on behalf of Approved the City, by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Settlement for The Redevelopment Agency has requested issuance of a Koga Property warrant in the amount of $90,000.00 in connection with Costa Mesa Redevelopment Agency vs. Koga, et al, for property located at 2019 Pomona Avenue, for the Wallace MOTION Neighborhood Family Housing Project. On motion by Warrant Councilman McFarland, seconded by Councilwoman Hertzog, Authorized authorization was given to issue a warrant in the above -stated amount, representing the additional amount recommended by the Agency's condemnation counsel, to satisfy a settlement for acquisition of the subject property. The motion carried by the following roll call vote: 119' AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson None None Agreement - An Agreement with Pacific Telephone Company was pre - Pacific Telephone sented relating to furnishing 911 emergency services. On motion by Councilman McFarland, seconded by Council - 911 Emergency woman Hertzog, the agreement was approved, and the Services Communications Director and City Clerk were authorized to sign on behalf.of the City. The motion carried by MOTION the following roll call vote: Approved AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog,, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:. None Amendment to An amendment to the agreement with R. L. Kautz and Agreement with Company, 17870 Sky`.Park Circle, Irvine, was presented. R. L. Kautz The City has been contracting with this company for six years to.perform claims -administration services. The agreement.calls for an annual adjustment and R. L. Kautz has proposed.increasing the annual fee for the year beginning July 1, 1982, to $15,000.00 which MOTION represents a 5.7 percent increase. On motion by Coun- Approved cilman McFarland, seconded by Councilwoman Hertzog, the amendment reflecting the above-mentioned increase was approved, and the City Manager was authorized to sign on behalf of the City, by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Minor Sports Item 2 on the Consent Calendar was presented, a Notice Foundation of Intention to Appeal or Solicit for Charitable Purpose from Minor Sports Foundation of America, 5901 Warner Avenue, Huntington Beach, by door-to-door solicitation of pledges and donations, .from July 1 through September 30, 1982. Vice Mayor Hall asked if the applicant were present but there was no representative in the audience. MOTION A motion was made by Vice Mayor Hall, seconded by Held Over Councilwoman Hertzog, to continue this item to July 6, 1982. The motion carried 5-0. R-82-07 Item 5 on the Consent .Calendar was presented, to set a Gregory/Hertzog public hearing for Rezone Petition R-82-07, James H. Gregory, authorized agent for Norma Hertzog, 1605 White Oak Place, for permission to rezone property located at 273.and 277 Monte Vista Avenue.from R1 to PDR -LD. Environmental Determination: Negative Declaration. Councilwoman Hertzog announced that she would abstain from voting on this item. MOTION On motion by Councilman McFarland, seconded by Council - Hearing Set man Johnson, and carried 4-0, Councilwoman Hertzog abstaining, this item was set for public hearing on July 6, 1982 Renewal of Item 20 on the Consent Calendar was presented, renewal Agreement with of the agreement with the Fair Housing Council of.Orange Fair Housing County, 1525 East 17th Street, Suite E. Santa Ana. The Council proposed agreement for Fiscal Year 1982-83 is recom- mended for an amount of $10,000.00, funding to be made available from the Community Development Block Grand Program. Vice Mayor Hall stated that although he was not in complete agreement with the renewal, he would vote in favor ofapproval. Councilman McFarland expressed his opinion that based on the information contained in staff's memorandum of June 17, 1982, it would be beneficial to renew the agreement. MOTION On motion by Councilman McFarland, seconded by Council - Renewal woman Hertzog, the agreement was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Golf Course Item 22(b) on the Consent Calendar was presented, award Parking Lot of contract for Site Improvements at the Costa Mesa Golf Improvements and Country Club Parking. Bids are on file in the Clerk's office. Councilman Johnson requested discussion concerning the scheduling of construction, stating that the summer months are extremely busy at the golf course and if parking becomes a problem, a loss of revenue may be incurred. Councilman Johnson suggested that the work be started in late October. Mayor Schafer expressed her concern that if construc- tion is postponed until October, there may be delays because of rain. The City Manager reported that the parking lot improve- ments would be done in sections and that there was a possibility that the driving range could be used for parking during construction. The City Manager also reported that a contractor cannot be held to his bid price beyond a 30 -day period, and recommended that the contract be awarded. Estimated time for construction is 50 working days. MOTION On motion by Councilwoman Hertzog, seconded by Vice Awarded to All Mayor Hall, the contract was awarded to All American American Asphalt Asphalt, 932 Town and Country Road, Orange, in the amount of $272,296.10, being the lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland NOES: COUNCIL MEMBERS: Johnson ABSENT: COUNCIL MEMBERS: None Redevelopment Item 25(b) on the Consent.Calendar was presented, a Agency Promissory request for authorization to extend Promissory Note Notes Nos. 11 through 21 to June 30, 1983, and reduction of the interest rate of Note No. 21 from 12.549 percent to 12 percent retroactive to June 16, 1981; that all interest accrued on Note No. 21 from June 16, 1981, to June 30, 1982, in excess of 12 percent be transferred to other promissory notes through adjustment in their interest rates. MOTION A motion was made by Vice Mayor Hall, seconded by Coun- Note Extension and cilman Johnson, for approval to extend Promissory Interest Reduction Note Nos. 11 through 21 to June 30, 1983, and to reduce Approved and the interest rate of Note No. 21 to 12 percent retro - Distribution of active to June 16, 1981, however, distribution of all Accrued Interest interest accrued on Note No. 21 from June 16, 1981, to Referred to Agency June 30, 1982, totaling $10,637.52, was referred to the Redevelopment Agency for recommendation. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 11 WARRANTS On motion by Councilman McFarland, seconded by Council- woman Hertzog, Warrant Resolution 1181, including MOTION Payroll 8212, was approved'by the following roll call Warrant 1181 vote: Approved AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: -COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY REPORTS The City.Attorney presented a proposed agreement for Acquisition of acquisition of leasehold interest of Award Motors, Award Motors Incorporated, 1680 Newport Boulevard, in connection Property for 17th with extension of 17th Street across Newport Boulevard. Street Extension A motion was made by Vice Mayor Hall, seconded by Coun- MOTION cilman Johnson, directing the City Attorney to prepare Acquisition the necessary documents for acquisition of Award Motors' Authorized leasehold interest in subject property according to the terms detailed in the Deputy City Attorney's confiden- tial memorandum dated June 17, 1982, and the City Attorney was requested to obtain verification that Award Motors would vacate the property by November 1, 1982. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER REPORTS The City Manager referred to a memorandum dated June 17, 1982, from the Assistant City Manager concerning a Council Policy revised Council Policy relating to citizen advisory for Citizen committees. The revised policy is intended to replace Committees Council Policy 000-2 adopted in April, 1977. Vice Mayor Hall suggested that the second sentence of Paragraph No..3 of the subject policy be changed to read as follows: "The Mayor may appoint a chairman pro tem of a committee to get the committee organized after which time the committee may elect a chairman from among themselves." MOTION A motion was made by Councilman McFarland, seconded by Policy Adopted Councilwoman Hertzog, and carried 5-0, the revised Council Policy was adopted. 1982-83 City The City Manager presented for public discussion the Budget City's 1982-83 Budget for Fiscal Year 1982-83, in the total amount of $35,223,585.00. The total appropria- tion for operation is $28,928,280.00 with a total of $6,295,305.00 for capital improvements. The City Manager reported that at this time there is no definite information as to how much some of our State subventions may be reduced, however, based on informa- tion.available now, the revenue estimate for Motor Vehicle In -Lieu Fees has been.reduced by $1,100,000.00. The document does not reflect any salary adjustments for employees other than the normal increases. The budget does reflect a net increase of four full-time positions. The City Manager pointed out the capital improvement programs which are included in the budget, and recom- mended that the new computer for the Civic Center be purchased outright.during the 1982-83 Fiscal Year rather than over a five-year period. The City Manager advised that total revenues are approx- imately $34,434,365.00 with $789,220.00 cash resources. Property taxes are estimated at $5,200,00.00 which is a R=! 32.5 percent increase over the 1981-82 adjusted estimate. Estimated yield for retail sales tax is $13,500,000.00, reflecting 10.8 percent over last year's estimate. Mayor Schafer reported that the 1982-83 City Budget had been studied extensively at the Study Session held on June 14, 1982. Request for Donald Smallwood, 1981 Kornat Drive, Costa Mesa, repre- Funds from senting South Coast Repertory Theatre, referred to a SCR letter submitted to the Council earlier again requesting City support of SCR by donation of $15,000.00. He also mentioned that the Council had authorized a grant of $10,000.00 last year. Councilwoman Hertzog commented that she hoped there would be closer cooperation between SCR and the new Performing Arts Center, specifically pointing out the problem.of road alignment in that area. Mr. Smallwood responded it was his understanding that an agreement had been reached regarding the alignment and further stated that SCR viewed the new center as a sorely needed partner. In response to questions from Vice Mayor Hall, Mr. Smallwood commented on the various SCR programs, especially those which benefit local students and senior citizens. Mayor Schafer asked if SCR received support from other Orange County cities. Mr. Smallwood responded that they were unsuccessful` in obtaining funds from the City of Newport Beach, however, the County of Orange has sup- ported SCR for several years. Mayor Schafer suggested that the SCR board request funding from other Orange County cities since their citizens also enjoy the bene- fits of that theatre. MOTION A motion was made by Councilwoman Hertzog, seconded by Funds for SCR Councilman McFarland, to set" aside $10,000.00 from the Authorized City's Promotional and Advertising fund, for SCR's school education program. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Request for Funds Kenneth Fowler, 3423 Meadow Brook, Costa Mesa, President from Chamber of of the Costa Mesa Chamber of Commerce, referred to the Commerce Chamber's letter dated June 17, 1982, requesting that the City authorize a grant of $60,000.00 for a Visitor's Bureau which would be a part of the Chamber of Commerce. Mr. Fowler reported that a separate account would be set up for the Bureau, and asked that the Council refer subject request to a Study Session for further discus- sion. MOTION On motion by Vice Mayor Hall, seconded by Councilman Referred to Johnson, and carried 5-0, this item was referred to Study Session the Study Session of September 13, 1982, at 2:00 p.m. PUBLIC HEARING The Mayor announced that this was the time and place set 1982-83 Revenue for the public hearing to receive public comment on the Sharing Funds proposed uses of Federal Revenue Sharing Entitlement funds to be appropriated in the 1982-83 City Budget. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The City Manager reported that the City will receive $2,075,000.00 in Federal Revenue Sharing funds which 1 nave been placed .in the City 1982-83 Budget. Of these funds, $1,945,000.00 have been recommended for capital improvements and $130,000.00 for social programs. There being no speakers, the.Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Hall, seconded by Revenue Sharing Councilman Johnson, approving the recommendation for Recommendation 1982-83 Federal Revenue Sharing funds, in the amount Approved of $2,075,000.00. The -motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilman McFarland, seconded by Council - City Budget woman Hertzog, the City Budget for Fiscal Year 1982-83 Adopted was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Revisions to for the public hearing to consider a proposed ordinance Residential amending Title 13 of the Costa Mesa Municipal Code, Parking proposing revisions to residential parking requirements. Requirements The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director reported that the ordinance was drafted at the request of the Council. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilman McFarland, seconded by Council - Ordinance 82-8 woman Hertzog, Ordinance 82-8, being AN ORDINANCE OF First Reading THE CITY COUNCIL OF -THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE'COSTA MESA MUNICIPAL CODE REGARDING PARKING REQUIREMENTS IN RESIDENTIAL DEVELOP- MENTS, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set .Appeal of ZE-82-37 for the public hearing to consider an appeal of the Fleisher/Pedicini Planning Commission denial of Zone Exception ZE-82-37, from Sid Fleisher and Zach Pedicini, 102 Scholz Plaza, Suite 132, Newport Beach, for a sign variance, for property located at 2574 and 2576 Newport Boulevard, in a C1 -CP zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director referred to the Staff Report and a memorandum from the Planning Division dated June -16, 1982, which contain details concerning subject application. The subject memorandum states that the property has 66 lineal feet of frontage and is allowed 66 square feet of signage, however, since less than 150 feet of frontage exists, a ground sign of no greater than 15 square feet in area, and 7 square feet in height is allowed. A ground sign.of 66 square feet in area and 24 feet in height exists on the site. The sign is to be removed by April 18, 1984.. The Director responded to questions from the Council and reported that the sign already contained excessive square footage, however, there were various options available in order to conform to the City's Sign Ordi- nance. He further stated that the parcel adjacent to subject property was of similar shape and if this vari- ance is granted, the same privilege could apply to the adjacent parcel. Replying to Vice Mayor Hall's inquiry regarding the seven items of information on the ground sign, the Development Services Director reported that six items are permitted by Code and if the items were reduced to only six, no variance would be required. The Director also reported that staff has tried to encourage the use of addresses. Councilman McFarland asked if the signs at the rear of the property were legal, and the Development Services Director responded that they were legal except that permits had not yet been obtained by the appellant. Zach:Pedicini was present and reported that he has obtained the required permits for the three signs at the rear of the property. He also stated that he signed the permit for his tenant,.Mr. Miller of Izzy's Restaurant, for change of copy for the ground sign, however, Mr. Miller advised him that he was not informed by the City that the sign as approved did not allow for any addi- tional signage for the property. Mr. Pedicini also stated that the two illegal signs which were recently erected were only temporary signs utilized for a grand opening on June 17. Mr. Pedicini informed the Council that because of the above situation, another tenant, Dr. Birdsall, was not able to obtain a sign permit for his business. Mr. Pedicini offered to remove the large framework from Izzy's Restaurant sign and to lower the height from 24 feet to 16 feet. He also stated that an amortization schedule has been established and the sign would be removed in"April, 1984, and that he was willing to post a cashier's check to guarantee removal of the sign by that date. Gil Case, owner of a sign and graphics business located at the rear of the property, stated that it was neces- sary to have front signage exposure in order to bring in business. Jeff Miller, partner in Izzy's Restaurant, stated he received a permit from the City for change of copy and seven items of information, however, he did not know his sign comprised the entire signage allowed for the property. The Development Services Director reported that the permit,shows that only six items of information are allowed. Mr. Miller responded that he was not aware of this and would check his records. Pete Ryhlick, 26532 Avenida•Veronica, Mission Viejo, general contractor for the project, stated that at the March study session with the Planning Commission, it was his impression that the variance would be granted, and that he was surprised by the Commission's denial at their meeting of May 10, 1982. Sid Fleisher, partner of Zach Pedicini, reiterated the statement made by Mr. Ryhlick. James R. White, stated he was speaking as a private citizen, and expressed his support for the proposed signage. 1 C1 125 There being no other speakers, the Mayor closed the public hearing. Vice Mayor Hall summarized the statements made by the various speakers, and concluded that because of the misunderstandings that have occurred, concessions should be considered by the Council. MOTION A motion was made by Vice;Mayor Hall to approve the Approve variance subject to the following conditions: the Variance applicant shall be -required -to submit a cashier's check, land use restriction, and right-of-way agreement to guarantee removal of the nonconforming signs by April 18, 1984, and removal completed to the satisfaction of the Planning Division; that the appurtenant structure now supporting the sign be removed as offered by Mr. Pedicini,, and that the sign be lowered to 16 feet. The motion was seconded by Councilman Johnson. Councilman McFarland suggested that because of the cost of the existing sign and the additional cost required to complete the modifications recommended in the motion, it may be less costly overall to make the signs conforming at this time. MOTION The City Attorney suggested that findings be included in Amended the motion, and Vice Mayor Hall amended his motion, sec- onded by Councilman Johnson, finding that a hardship does exist due to the design of the property for the new tenants located at the rear of the site and without this hardship they would not need a variance; and due to the hardship approval does not constitute a grant of special privilege not enjoyed by other properties in the commer- cial zone. The Development Services Director requested clarifica- tion'as to the number of items of information being approved, noting that six items are the maximum allowed, the sign now contains seven items, and three more items of information are being requested. Vice Mayor Hall responded that he intended one item of information for each business.- Based on this information, the motion was for 10 items of information. Councilwoman Hertzog expressed her opinion that signing is really identification and her concern regarding New- port Boulevard is the speed at which people must travel because of the amount of traffic, and if the motorist is trying to find a business located in that area, and there is no sign, it is extremely difficult and hazardous. Councilman McFarland stated he would be voting against the variance because he did not feel a hardship existed and the proposed sign was,too cluttered. Councilman Johnson expressed his agreement with Vice Mayor Hall, pointing out that the appellant is showing good faith by posting a cashier's check. Motion to Approve Mayor Schafer called for the question, and the amended Carried motion carried 4-1, Councilman McFarland voting no. Recess The Mayor declared a recess at 8:45 p.m. and the meeting reconvened at 8:55 p.m. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-82-71 set for the public hearing to consider an appeal of Collins/Daum the Planning Commission decision for Zone Exception ZE-82-71, from Michael Collins of W. H. Daum, 1451 Quail Street, Suite 101, Newport Beach, authorized agent for Q B Properties, 1601 Dove Street, Suite 230, Newport Beach, for a variance from the Sign Ordinance, for property located at 1650 Sunflower Avenue, in an MP zone. Environmental Determination: Exempt. The Affi- davit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director reviewed the Planning Division's memorandum dated June 15, 1982, and the Staff Report. The Planning Commission recommended approval of the application as modified by staff, contained in the above-mentioned memorandum, and subject to condi- tions contained in the Staff Report. Ms. Lee A. McCullough, W. H. Daum, was present and spoke in support of the signage proposed by the appel- lant and detailed in staff's memorandum dated June 15, 1982. During discussion, at which time Ms. McCullough answered questions from the Council, she agreed to the removal of the illegal roof signs. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Hall to approve the Variance variance based on the following findings: (1) the sign Approved will be temporary in nature; (2) the proposed sign area is not in excess of that allowed for a permanent ground sign; (3) evidence satisfies the conditions set forth in Costa Mesa Municipal Code Section 5-127 as the size of subject site would deprive the property of signage enjoyed by similarly -zoned properties in the vicinity; and (4) the proposed signing is much less than that typically permitted for multi -tenant projects of con- siderably less footage and acreage; and subject to the following conditions: (1) approval shall be for a period of one year; (2) the three illegal roof signs shall be removed; and (3) permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. The motion carried 4-1, Councilman McFarland voting no. PUBLIC HEARING The Clerk presented Rezone Petition R-81-17, City of R-81-17 Costa Mesa, for permission to rezone property located at 219 and 221 Avocado Street from C2 to R2. Environ- mental Determination: Negative Declaration adopted for General Plan Amendment GP -81-3A. MOTION On motion by Vice Mayor Hall, seconded by Councilman Withdrawn McFarland, and carried 5-0, the request was withdrawn as recommended by staff. NEW BUSINESS The Clerk presented a proposed ordinance authorizing a Salary Increase salary increase for City Council Members. for City Council The City Attorney recommended that Paragraph No. 7 be amended to read as follows: "A salary increase becomes effective for all Council Members when a new term of office begins for any duly elected Council Member". Vice Mayor Hall pointed out that the increase is for $18.00 per month. MOTION On motion by Vice Mayor Hall, seconded by Councilwoman Ordinance 82-9 Hertzog, Ordinance 82-9, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING INCREASE IN SALARY FOR MEMBERS OF THE CITY COUNCIL, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Schafer, Hertzog, McFarland, Johnson None None Election On motion by Vice Mayor Hall, seconded by Councilman Consolidation McFarland, Resolution 82-54, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF Resolution 82-54 ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF Adopted SAID CITY TO BE HELD ON NOVEMBER 2, 1982, WITH THE STATEWIDE GENERAL ELECTION.TO BE HELD ON SAID DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Schafer, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Calling and Giving On motion by Vice Mayor Hall, seconded by Councilwoman Notice of Election - Hertzog, Resolution 82-55, being A RESOLUTION OF THE Mr. Soffer than:asked about notices of public hearings, and the City Attorney responded that if Mr. Soffer would contact his office; he would discuss it with him. CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL Resolution 82-55 MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, Adopted NOVEMBER 2, 1982, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES, was adopted by the following roll call vote: .AYES: COUNCIL MEMBERS: Hall, Schafer, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Regulations for On motion by Councilman Johnson, seconded by Council - Candidates woman Hertzog, Resolution 82-56, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF COSTA MESA, CALIFORNIA, MOTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, Resolution 82-56 PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND Adopted THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 1982, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Schafer, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ORAL COMMUNICATIONS The Reverend Joseph Buonassissi, First Baptist Church, Request for Use 301 Magnolia Street, Costa Mesa, informed the Council of Heller Park that. he had made a request to the Leisure Services Department for permission to use Heller Park on July 4, 1982, and requesting use of a loud speaker for a short period of time. Mayor Schafer referred the request to the City Manager for investigation. The City Manager stated that he would look into the matter and call Reverend Buonassissi as soon as possible. Sid Soffer Sid Soffer, 900 Arbor Street, Costa Mesa, referring to Comments an earlier hearing regarding signs, voiced hies disappro- val of the process required in order for an applicant to obtain a small area of additional signing. Mr. Soffer referred to a discussion held at the meeting of June 7, 1982, during the hearing for Assessment District 82-1, Palace and Sterling, relating to the definition of a street. Mr. Soffer proceeded to read passages from the Government Code relating to this subject. Mr. Soffer than:asked about notices of public hearings, and the City Attorney responded that if Mr. Soffer would contact his office; he would discuss it with him. Police Judy Holland, 2621 Harbor Boulevard, Costa Mesa, voiced Response her concern regarding police response in connection with an incident which occurred at her home during the latter part of May. She related that she called the 911 emer- gency number because there was a prowler outside her bedroom window. She was advised that the police would come to her door, however, even though she did hear the police in the area, they failed to advise her if the suspect had been found. She further related that after approximately one-half hour she again called the police and was advised that there had been an arrest made in that area. She stated she has heard of two other inci- dents where police response was slow. Mayor Schafer responded that this wasthe first negative input she had heard regarding the 911 emergency system. Vice Mayor Hall stated that Ms. Holland's point was well taken, and that the police should advise the informant of the outcome of their investigation. The City Manager informed Ms. Holland that he would investigate the incident that occurred at her residence but needed more specific information on the other two occurrences so that he could follow-up those matters also. COUNCILMANIC COMMENTS Vice Mayor Hall reported that he had been asked by a group promoting the Bolsa Chica project to testify Bolsa Chica before the Energy and Natural Resources Committee in Marina Sacramento, on June 22, 1982. He reminded the Council that on July 6, 1981, a resolution was adopted support- ing the Orange County Local Coastal Plan for the Bolsa Chica Marina, and that on April 12, 1982, the Mayor reaffirmed the City's position in a letter to Michael Fisher, Executive Director of the Coastal Commission. Vice Mayor Hall asked if the Council Members agreed that he attend the hearing so that he could make known Costa Mesa's support of the County coastal plan. All Council Members concurred that the Vice Mayor should testify at the hearing. Sign Ordinance Vice Mayor Hall read his prepared statement, which is in response to a memorandum from Doug Clark, Development Services Director, presenting the Sign Survey Report. The four-page statement is on file for the record as weld as the the aforementioned Sign Survey Report. MOTION A motion was made by Vice Mayor Hall, seconded by'Coun- Amend Ordinance cilman Johnson, directing staff to take the necessary steps to modify the Sign Ordinance by "grandfathering" the present nonconforming signs, and bring this ordi- nance change back for a first reading on July 6, 1982. Mayor Schafer pointed out that this ordinance amendment must first be heard by the Planning Commission, there- fore, it would not be possible to schedule it for the July 6 Council meeting. Councilman McFarland asked the Vice Mayor if he was suggesting that they do away with all amortization and the Vice Mayor responded in the affirmative. Councilman McFarland voiced his strong opposition to the proposed amendment, stating his opinion that the change would be discriminatory to new businesses in the commun- ity due to the fact that they have conformed to the Sign Ordinance and now will be at a disadvantage because older businesses will not be required to make any changes. He requested that the amendment not be con- sidered without further discussion. Vice Mayor Hall responded that he realized that there would be problems implementing the proposed change, and that he felt that inequities have existed since the adoption of the Sign Ordinance. Councilman Johnson stated that although he understood the concerns of Councilman McFarland, he supported the ordinance amendment. Councilwoman Hertzog expressed her desire to schedule a study session, perhaps with the Planning Commission, for further discussion of the staff's sign report and Vice Mayor Hall's prepared response to that report. She further stated that she could not support making a decision on a lengthy statement which she did not have the opportunity to study. Vice Mayor Hall responded that he realized the staff could not draft an ordinance change in such a short period of time or without more information, however, he was requesting a commitment from the Council that they go forward with the subject, and stated he would modify his motion. MODIFIED MOTION Vice Mayor Hall modified his motion as follows: "Direct staff to take the necessary steps to modify the Sign _Ordinance to 'grandfather' the present nonconforming signs, meaning elimination of the amortization�proce- dure". The modified motion was seconded by Councilman Johnson. Councilman McFarland voiced his agreement with Council- woman Hertzog'_s suggestion that a study session with the Planning Commission be scheduled. SUBSTITUTE MOTION Councilman McFarland made a substitute motion to refer Refer to Study this item to a joint study session with the Planning Session Commission. -to evaluate amortizat.i.on-schedule of the -Sign Ordinance, and directing the City -Manager to set Failed to Carry a specific time for the evaluation. The motion was seconded by Councilwoman Her-tzog, however. -if. -.-failed to carry 3-2, Council Members..Schafer,:Hall; and"Johnson voting no. Vice Mayor Hall reiterated that the change will not be made without further discussion. Mayor Schafer commented that it is important that they review the Sign Ordinance. Modified Motion Mayor Schafer called for a vote on Vice Mayor Hall's Carried modified motion. The motion carried 3-2, Council Members Hertzog and McFarland voting no. ADJOURNMENT The Mayor adjourned the meeting at 10:15 p.m. Mayor of the City of Costa Mesa ATTEST: C fTy Clerk -of-. the City' of Costa M a