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HomeMy WebLinkAbout07/06/1982 - City Council1 REGULAR MEETING.OF THE CITY COUNCIL CITY OF COSTA MESA JULY 6, 1982 The City Council of the City of Costa Mesa, California, met in regular session on July 6, 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 Doctor George 0. Wood, Newport -Mesa Christian Church. ROLL CALL Council Members Present: Schafer, Hall, Hertzog, McFarland, Johnson Council Members Absent: None Officials Present: City Manager, Assistant City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Councilman McFarland, seconded -by Council - June 21, 1982 woman Hertzog, and carried 5-0, the minutes of the regular meeting of June 21,.1982, were approved. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried 5-0, to read all ordinances by title only. CONSENT CALENDAR On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, all Consent Calendar 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 WRITTEN COMMUNICATIONS On motion by.Councilwoman Hertzog, seconded by Vice Mayor Hall; Resolution 82-57, being A RESOLUTION OF Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, of Records for AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPART - Finance MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call.vote: MOTION AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Resolution 82-57 McFarland, Johnson Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, 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: Myron W. Christopherson; David Erik Carlson; and Devine Derites. Alcoholic Alcoholic Beverage Licenses for which parking has Beverage been approved by the Planning Division from: Licenses A and R Restaurants, Incorporated, doing business as Bilbo Baggins, 2701 Harbor Boulevard, Suite F; and Jack Ferra and James A. Graham, doing busi- ness as The E1 Pescador Restaurant, 401 East 17th Street. Public Communication from -the Public Utilities Commis - Utilities sion in the matter of the Application of 24-hour Commission Airport Express, Incorporated, for authority to _1.31 _A,QJQ operate as a passenger stage corporation between Los Angeles International Airport and various other locations. Communication from Pacific Telephone Company advising of the filing of an amendment to its application seeking an increase in rates to off- set an increase in depreciation expenses. Sanitation A resolution from the cities of Tustin and Buena Districts Park supporting the current organizational structure of the County Sanitation Districts of Orange County and opposing any legislative change that would place the Districts under a governing board comprised solely of the County Board of Supervisors. Election A resolution from the City of Garden Grove Ballots urging that all ballots and ballot materials be printed in English only and that sample ballots are printed in at least ten -point type. State Budget A resolution from the City of Buena Park oppos- Proposals ing the State of California's "Reverse Bailout" budget proposals. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable United Way Purpose has been received from United Way of Orange County, 3903 Metropolitan Drive, Suite 500, Orange, from September 1 through December 17, 1982, by direct mail MOTION and solicitation of business and industry. On motion by Permit Councilwoman Hertzog, seconded by Vice Mayor Hall, and Approved carried 5-0, the permit was approved with application of Section 9-234J of the Municipal Code. The Concert Factory A request has been received from The Concert Factory, 1712-14 Placentia Avenue, Costa Mesa, for a live enter- tainment permit with public dancing. The Revenue Division has recommended issuance of a temporary permit for 76 days, to be rescheduled for the Council meeting MOTION of September 20, 1982. On motion by Councilwoman Temporary Permit Hertzog, seconded by Vice Mayor Hall, and carried 5-0, Approved a temporary entertainment permit was approved as recom- mended by the Revenue Division. PERMIT A request has been received from Paul Sidoti, 14672 Sidoti Purdy Street, Midway City, to use TeWinkle Park on September 5, 1982, for a "photo.day". On motion by MOTION Councilwoman Hertzog, seconded by Vice Mayor Hall, the Permit Approved_ request was approved subject to conditions of the Leisure Services Department. SET FOR PUBLIC HEARING The following items were set for public hearing on July 19, 1982, at 6:30 p.m., in the Council Chambers of City Hall: Adoption of Proposed ordinance adopting by reference the 1979 Various Codes editions of the Uniform Building Code; the Uniform Housing Code; the Uniform Code for Abate- ment of Dangerous Buildings; the Uniform Solar Energy Code; the Uniform Plumbing Code including Appendices A, B, C, D, G, H, and I; the 1976 edition of the Uniform Mechanical Code including Appendices A, B, and C; the 1978 edition of the National Electric Code and the Uniform Wiring Code of the City of Costa Mesa; and certain amendments and modifications to said codes. R-82-08 Rezone Petition R-82-08, Costa Mesa City Council, for permission to rezone property located at 2910 Red Hill Avenue from CL to MP. Environmental Determination: Negative Declaration. 1 CLAIMS On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried 5-0, the claim of Alan Stein Stein - Rejected was rejected. Ryan - Denied On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, and carried 5-0, an Application for Leave to present a late claim from Thomas Charles Ryan was denied. - ADMINISTRATIVE ACTIONS Modified Agreement with Orange County Juvenile Cleanup Program Completion of Contract by Signal Maintenance Electrical Services on Baker Street and on Harbor Boulevard MOTION Work Accepted A modification to an agreement with the County of Orange was presented. The original agreement, dated August 17, 1981, utilizes the Juvenile Court Work Program in Costa Mesa for litter cleanup at various locations. The County requested modification of Section XII in order to to more adequately define the method of reimbursing the County for their costs, and staff concurs with the modi- fication. A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Hall, approving subject modifi- cation and authorizing the Mayor to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson None None Installation of Type III Electrical Services on Baker Street at the Corona del Mar (73) Freeway and on Harbor Boulevard at the San Diego (405) Freeway have been completed to the satisfaction of the Director of Public Services by Signal Maintenance, Incorporated, 2720 East Regal Park Road, Anaheim. On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, the work was accepted, the Clerk was authorized to file a Notice of Completion, the 'bonds were ordered exonerated 35 days after the Notice of Completion has been filed, and authorization was given to release retention funds immediately. 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 Requalification On motion by Councilwoman Hertzog, seconded by Vice for AHFP Program Mayor Hall, Resolution 82-58; being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 82-58 ESTABLISHING THE QUALIFICATION OF THE CITY OF COSTA Adopted MESA FOR PARTICIPATION IN THE ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 3 The Director of Public Services has recommended approval Hillside Repair of Change Order No. 3, in the amount of $1,500.00, to the contract with Hillside Repair, Incorporated, 2881 Fairview Road La Cresta, Anaheim, in connection with the Fairview Road Embankment Embankment Stabilization at the San Diego (405) Freeway. The change order includes two enclosures for the irri- gation controller, relocation of backflow device, and MOTION installation of two four -inch steel posts. On motion Change Order by Councilwoman Hertzog, seconded by Vice Mayor Hall, Approved the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None �1, 4 Final Map for The Final Map was presented for Tract 11768, Gary E. Tract 11768 Cook, developer, 907 East Balboa Boulevard, Balboa; one Cook lot, 0.20 -acre, located at 168 Albert Place, for condo- minium purposes. On motion by Councilwoman Hertzog, MOTION seconded by Vice Mayor Hall, the map was approved; the Map Approved Council did accept on behalf of the public an ingress/ egress easement over Lot No.1 for emergency vehicle purposes; did also accept on behalf of the City the 3.00 -foot public utility easement as dedicated; did also approve subject map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign subject map on behalf of the City. 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 Improvements in Improvements in Tract 11375 have been completed to the Tract 11375 satisfaction of the Director of Public Services by Olrich-Wright Olrich-Wright Development Company, 2881 Europa Drive, Costa.Mesa, for property located at 2340 Elden Avenue. On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Slope Renovation Bids received for Renovation of Slopes and Installation and Drainage at of Drainage system at Marina View Park are on file in Marina View Park the Clerk's office. On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, the contract was awarded to John C. Ettlin, 25371 Yacht Drive, Dana Point, in MOTION the amount'of $40,684.00, being the lowest bid meeting ,Awarded to specifications. The motion carried by the following Ettlin roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 549 Bids received for Bid Item 549, Banking Services for the Banking Services City of Costa Mesa, are on file in the Clerk's office. On motion by Councilwoman Hertzog, seconded by Vice MOTION Mayor Hall, the contract was awarded to Crocker National Awarded to Crocker Bank, being the lowest cost bidder. The motion carried National Bank by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Fountain at Bids received for Fountain Installation at the Neighbor - Neighborhood hood Community Center are on file in the Clerk's office. Community Center On motion by Councilwoman Hertzog, seconded by Vice Mayor Hall, the contract was awarded to Rock and Water - MOTION scape Systems, Incorporated, 2021 Business Center Awarded to Rock Drive, Irvine, in the amount of $15,812.50, being the and Waterscape lowest bid meeting specifications. 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 Former Mayor. Mayor Schafer introduced former Mayor Jack Hammett who Recognized was in.the audience. 1 11 ;3 ULD BUSINESS The Clerk presented from the meeting of June 21, 1982, Notice of Intention to Appeal or Solicit for Charitable Minor Sports Purpose from Minor Sports Foundation of America, 5901 Foundation Warner Avenue, Huntington Beach, by door-to-door request for pledges and donations from July 1 through September 30, 1982. The Revenue Division recommended approval subject to conditions detailed in a memorandum dated May 27, 1982. Donald Green, 83.12 Drybank Lane, Huntington Beach, representing the applicant, answered questions from the Council concerning athletes sponsored by subject organi- zation, and percentage of income donated to the cause. Mr. Green reported that -35 percent of income was given to the charity and 65 percent was spent on administra- tive expenses. Mr. Green also expressed his opinion that the 35 percent given to the cause was higher than other national charities. Councilman McFarland pointed out that approval of the request does not constitute endorsement by the Council, only approval of the solicitation permit. Councilwoman Hertzog asked Mr. Green if he agreed to, all conditions contained in the memorandum from the Revenue Division dated May 27, 1982. After reading the memorandum, Mr. Green agreed to all conditions. MOTION A motion was made by Vice Mayor Hall, seconded by Permit Approved Councilman Johnson, to approve the permit subject to the following conditions: (1) All solicitors comply with the requirements of State law relating to "char- itable solicitations" including but not limited to the provisions of Business and Professions Code, Division 7, Part 3, Chapter 1, Article 1.3, Sections 17510-17510.7; (2) Solicitors carry the "Information Cards" issued by the Revenue Division and exhibit them when soliciting for funds in Costa Mesa; (3).An adult of 21 years or older for every 10 juvenile solicitors be employed as an in -field supervisor; (4) Any solicitor who comes within the jurisdiction of the Juvenile Court under Welfare and Institutions Code 602 (j) and also who has been adjudged a ward of the Juvenile Court shall submit proof to the Revenue Division that the Juvenile Court probation authorities have been informed of his or her employment as a charitable solicitor; (5) Organization inform the Watch Commander -(Police Department) on a daily basis which areas of the City they intend to canvass; (6) Hours of solicitation shall be from 9:00 a.m. to 9:00 p.m. daily; and (7.) The period of solicitation shall be limited to 90 days commencing July 7, 1982. The motion carried 5-0. Study of Mayor Schafer suggested that the City Attorney review Solicitation the City's sol-icitation ordinance and prepare a report Ordinance for Council discussion at a Study Session. Residential On motion by Vice Mayor Hall, seconded by Councilman Parking Johnson, Ordinance 82-8, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING MOTION TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING Ordinance 82-8 PARKING REQUIREMENTS IN RESIDENTIAL DEVELOPMENTS, was Adopted given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Salary Increase On motion by Vice Mayor Hall, seconded by Councilman for Council Members McFarland, Ordinance 82-9, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ADOPTING INCREASE IN SALARY FOR MEMBERS OF THE CITY Ordinance 82-9 COUNCIL, was given second reading and adopted by the Adopted following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WARRANTS On motion by Councilman McFarland, seconded by Council - MOTION woman Hertzog, Warrant Resolution 1182 was approved by Warrant 1182 the following roll call vote: ,Approved 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 - warrant 1183 woman Hertzog, Warrant Resolution 1183, including Approved Payroll 8213, was approved 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 the public hearing, continued from R-82-02 the meeting of June 7, 1982, to consider Rezone Petition Crown/Kobor R-82-02, 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 Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director reported that the Planning Commission and Planning staff recommended approval and pointed out that the proposed project planned for subject property is for construction of apartments, not condominiums. George Kobor was -present to answer questions from the Council and stated that the proposed apartments would be one- and two-bedroom units. PUBLIC HEARING The Clerk announced that this was the time and place R-82-05 set for the public hearing for Rezone Petition R-82-05, Meehan Milton J. Meehan, 2319 Margaret Drive, Newport Beach, for permission to rezone property located at 221-1/2 Avocado Street from C2 to R2. Environmental Determina- tion: Negative Declaration adopted on May 3, 1982, for There being no other speakers, the Mayor closed the public hearing. MOTION Negative On motion by Vice Mayor Hall, seconded by Councilman Declaration Johnson, and carried 5-0, the Negative Declaration of Adopted Environmental Impact was adopted. MOTION On motion by Vice Mayor Hall, seconded by Councilwoman Ordinance 82-10 Hertzog, Ordinance 82-10, being AN ORDINANCE OF THE CITY First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY LOCATED AT 2881 AND 2891 BEAR STREET FROM R3 TO R4, was given first reading, with second reading and adoption held until parcels have been legally combined. 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 PUBLIC HEARING The Clerk announced that this was the time and place R-82-05 set for the public hearing for Rezone Petition R-82-05, Meehan Milton J. Meehan, 2319 Margaret Drive, Newport Beach, for permission to rezone property located at 221-1/2 Avocado Street from C2 to R2. Environmental Determina- tion: Negative Declaration adopted on May 3, 1982, for General Plan Amendments GP -81-3A and GP -82-1B. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director, referring to the Staff Report, stated that the Planning Commission and Planning staff recommended adopting the Negative Declaration and giving first reading to the rezone ordinance. Milton Meehan was present to answer any questions, however, there were no questions from the Council. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hall, seconded by Councilman Negative Johnson, the Negative Declaration of Environmental Declaration Impact was adopted, and Ordinance 82-11, being AN ORDI- Adopted NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOT 76 OF TRACT NO. Ordinance 82-11- 57 FROM C2 TO R2, was given first reading and passed First Reading 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 R-82-06 set for the public.hearing for Rezone Petition R-82-06, Luff/Hoffman Earl 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. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director.summarized the appli- cation as detailed in the Staff Report, and reported that the Planning Commission and Planning staff recom- mended denial. The applicant was not present. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilman McFarland, seconded by Council - Rezone Denied woman-Hertzog, and..carried 5-0, Rezone Petition R-82-06 was denied based on the analysis and findings contained in the Staff Report. PUBLIC HEARING The Clerk announced that.this was the time and place R-82-07 set for the public hearing for Rezone Petition R-82-07, Gregory/Hertzog James H. Gregory, 17961 Cowan St. Irvine, authorized agent for Norma Hertzog, 1605 White Oak Place, Costa Mesa, for permission to rezone property located at 273 and 277 Monte Vista Avenue from R1 to PDR -LD. Environ- mental Determination: Negative Declaration. The Affi- davit of Publication is on file in the Clerk's office. No communications have been received. ZE-82-77 and The Clerk also presented the following applications Tract 11812 relating to the above-mentioned property: Zone Excep- tion ZE-82-77 for a Planned Development to construct eight residences with a variance from common open space, and Tentative Map for Tract 11812, for a nine - lot subdivision for construction of eight residences. Councilwoman Councilwoman Hertzog announced that she has not Hertzog Leaves discussed this item with any other Council Member and she would leave the Chambers during the public hearing. M the Development Services Director presented a brief description of the proposed application and reported that the Planning Commission and Planning staff recom- mended approval of all three items, and adoption of the Negative Declaration. Iain Dollman of The Gregory Company was present and agreed to all conditions. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hall, seconded by Councilman Negative Johnson, the Negative Declaration of Environmental Declaration Impact was adopted, and Ordinance 82-12, being AN ORDI- Adopted NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT Ordinance 82-12 117, TRACT NO. 300, FROM Rl, TO PDR -LD, was given first First Reading reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog MOTION ZE-82-77 On motion by Vice Mayor Hall, seconded by Councilman Approved Johnson, Zone Exception ZE-82-77 was approved, based on the findings and analysis contained in the Staff Report, and subject to all conditions recommended by the Plan- ning Commission. The motion carried 4-0, Councilwoman Hertzog absent. MOTION Tract 11812 On motion by Vice Mayor Hall, seconded by Councilman Approved Johnson, Tentative Map for Tract No. 11812 was approved, based on the findings and analysis contained in the Staff Report, and subject to all conditions recommended by the Planning Commission. The motion carried 4-0, Councilwoman Hertzog absent. Councilwoman Councilwoman Hertzog returned to the Chambers at this Hertzog Returns time to participate in the remainder of the meeting. PUBLIC HEARING The Clerk presented the public hearing to consider a ZE-82-45 request from Dennis M. Gimpel and Donald R. Strauss, Gimpel/Strauss 5600 River Avenue, Newport Beach, for extension of time on a condition requiring removal of illegal improvements by July 3, 1982, in connection with Zone Exception ZE-82-45, for property located at 2640 Fairway Drive in an R1 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 outlined a Planning staff memorandum dated June 30, 1982, which suggests certain information be considered regarding the request for extension by the applicants. The Director also pointed out the following recommendations contained in the subject memorandum: (1) Grant a 45 -day extension, to August 17, 1982 (This will allow time for eviction and an additional few days for demolition of the illegal improvements); (2) Require that applicants comply with the following conditions: (a) The eviction notice shall be mailed to the tenant within two days of City Council action by Certified Mail with a Return Receipt Requested and proof of this notification shall be sub- mitted to the Planning Division by July 9, 1982; (b) By July 15, 1982, a letter shall be submitted to the Plan- ning Division with signatures of both property owners agreeing that the illegal improvements will be removed by August 17, 1982; and (c) A cash deposit in the amount of $4,000.00 shall be submitted to the Planning Division 1 by July 15, 1982, the purpose of the deposit being to guarantee removal of the illegal improvements by August 17, 1982. Dennis Gimpel was present and spoke in support of his request for the 90 -day extension because his tenant has been unable to find comfortable housing at a comparable rental rate. Mr. Gimpel also expressed his opposition to staff's recommendation that he post a $4,000.00 cash deposit, emphasizing that he definitely will remove the illegal structure. Vice Mayor Hall asked Mr. Gimpel if he agreed to all conditions except for the suggested $4,000.00 cash deposit, and Mr. Gimpel responded affirmatively. Jan Burroughs,.tenant occupying the illegal structure, stated that she had asked Mr. Gimpel to request the 90 -day extension because.she wanted to preserve her garden during the summer months. Edward Rasmussen, 2632 Fairway Drive, Costa Mesa, expressed his disapproval in granting the requested extension since he felt that.the applicant had suffi- cient time to comply with the Council's order on May 3, 1982, to remove the illegal structure by July 1, 1982. He further stated that Mrs. Burroughs' garden was planted after Council's action. Mr. Rasmussen read a letter from Thomas Welbourn, 234 Fairway Place, Costa Mesa, who was unable to attend the meeting, expressing his opposition to the 90 -day extension. Patricia Rasmussen, 2632 Fairway Drive, expressed strong opposition to the requested extension. There being no other speakers, the Mayor closed the public hearing. MOTION Approve 90 -Day A motion was made by Vice Mayor Hall, seconded by Extension Councilman Johnson, approving the requested extension for removal of the illegal improvements, subject to all conditions modified to coincide with the 90 -day exten- sion, and with deletion of Condition No. 2(c). Councilman McFarland stated it was difficult for him to support the motion, although he did agree with deletion of the condition requiring a $4,000.00 cash deposit. He suggested that sincethe illegal structure was in existence at the time the applicants purchased the property, it might be beneficial for Council to consider a regulation requiring inspection of residen- tial property prior to transfer. Vice Mayor Hall stated that the garden was important to Mrs. Burroughs and reason enough to extend the time limit for removal of the structure. Mayor Schafer agreed with Councilman McFarland's state- ment opposing the requested extension of time. Councilwoman Hertzog expressed her agreement with the motion. Motion Carried Mayor Schafer called for the.vote and the motion carried 3-2, Council.Members Schafer and McFarland voting no. PUBLIC HEARING The Clerk announced that this was the time and place Condemnation of set for the public hearing to consider a Resolution of Graham Property Necessity to condemn.property measuring 5 feet by 60 feet for acquisition of right-of-way at 346 Ogle Street 9 Alley Project for an alley project south of 17th Street between Santa South of 17th Ana and Tustin Avenues, designated Parcel No. 7, Graham Street property. The Affidavit of Publication is on file in the Clerk's office. As required by law, letters of notification were mailed to persons of record having an interest in subject property. A communication has been received from.Gary Conwell, Jeanne Conwell, and Ardath Grey, Post Office Box 40, Montebello, giving notice of their intention to appear at the public hearing. The Public Services Director gave a brief history of the proposed project stating that 18 parcels are involved and all property owners have agreed to the acquisitions except the owners of the subject property. He further reported that the City has made numerous attempts to acquire the Graham parcel through negotiations but have been unable to reach -a settlement. At the request of the City Manager, Vice Mayor Hall recommended that this matter be referred to the City Manager's office for investigation. COUNCILMANIC COMMENTS Councilman McFarland welcomed David Lorenzini, former David Lorenzini Costa Mesa Planning Commissioner, who was in the audi- Recognized ence. There being no speakers, the Mayor closed the public hearing. MOTION Resolution 82-59 A motion was made by Vice Mayor Hall, seconded by Adopted Councilman Johnson, to adopt Resolution 82-59, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY FOR PUBLIC USE AND AUTHORIZING AND DIRECTING CONDEMNATION, based on the following findings: (1) The public interest and necessity require the proposed project in that the project is designed to enhance traffic flow in the area; (2) The proposed project is planned in a manner that will be most compatible with the greatest good and the least private injury; and (3) The property is necessary for the proposed project and the acquisi- tion is only for the portion of the property actually required for the installation of the alley. 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 ORAL COMMUNICATIONS William J. Dunne, 420 Ford Road, Costa Mesa, asked the Council what was being done to award a contract for Cable Television installation of cable television within the City. The Mayor responded that the City is now investigating various cable systems and further information could be obtained by contacting Allan Roeder, Assistant City Manager. Access to Robert J. Secrest, 2090 Flamingo Drive, Costa Mesa, Secrest Property reported that the Adams Avenue bridge is approximately from Adams 8 to 10 feet above his fence and that due to damage Avenue Bridge caused by tree roots, he had to remove the trees from his property which provided privacy from bridge traffic. Mr. Secrest stated that since the trees have been removed, trash is being thrown onto his property, and his yard is now easily accessible from the bridge. Mr. Secrest stated that if the City cannot resolve the problem, he will be requesting an encroachment permit in order to build a fence. At the request of the City Manager, Vice Mayor Hall recommended that this matter be referred to the City Manager's office for investigation. COUNCILMANIC COMMENTS Councilman McFarland welcomed David Lorenzini, former David Lorenzini Costa Mesa Planning Commissioner, who was in the audi- Recognized ence. Housing Authority On motion by Vice Mayor Hall, seconded by Councilman Representative McFarland, and carried 5-0, Patricia McNally, Adminis- Appointed trative Assistant, was appointed as the City's repre- sentative to the Orange County Housing Authority. ADJOURNMENT The Mayor declared the meeting adjourned at 7:45 p.m. Mayor of,the City of Cost Mesa ATTEST: C ty Clerk of'the City of Costa ?Ia Mi