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HomeMy WebLinkAbout09/07/1982 - City CouncilROLL CALL KtGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 7, 1982 The City Council of the City of Costa Mesa, met in regular session on September 7, 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 the Reverend Drew Boucke, Costa Mesa Nazarene Church. Council Members Present: Schafer, Hall, Hertzog, McFarland, Johnson Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Councilman McFarland, seconded by Council - August 16, 1982 man Johnson, and carried 5-0, the minutes of the regular meeting of August.16, 1982, were approved as distributed and posted. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried 5-0, to read all ordi- nances by title only. CONSENT CALENDAR On motion by Vice Mayor Hall, seconded by Councilman Johnson, 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 READING FOLDER On motion by Vice Mayor Hall, seconded by Councilman Johnson, 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: Kim S. Denigan; Steven E. Pratt; Don Shrum of,Ryder Truck Rental, Incorpor- ated; and Technical Service Engineers. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi - Licenses sion from: Hoang Ngoc Dang, doing business at 1927 Harbor Boulevard, Suite B; Joachim Pohl, doing business as John Pohl's Bistro, 655 Anton Boulevard; and Brookside Enterprises, Incorpor- ated, doing business at 2925 Bristol Avenue. Commending Resolution from the City of Garden Grove commend - California State ing the California State Legislature for its Legislature responsible handling of State financing for fiscal year 1982-83. Registration Purge Resolution from the City of Westminster support - Plan - AB 3584 ing Assembly Bill 3584 as amended, and urging further amendment to allow the new alternate protective positive voter registration purge to be accomplished in Orange County. X90 South Coast Air Resolution from the City of Westminster urging Quality Management State Legislators to defeat Assembly Bill 2660 AB 2660 sponsored by Assemblyman Mel Levine. Solid Waste Resolution from the City of Stanton reviewing Management Gate the possibility of participation in litigation Fee against the County of Orange with the Orange County Division of the League of California Cities, challenging the Board's approval of a solid waste management gate fee. Santiago Canyon Resolution from the City of Orange expressing its Airport Site opposition to the recommendation of the Orange County Blue Ribbon Regional Airport Committee that the Board of Supervisors immediately begin efforts to acquire a 3,700 -acre site northeast of Santiago Canyon for a new regional airport site. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Leukemia Society Purpose has been received from the Leukemia Society of America, 9355 Chapman Avenue, Suite 109, Garden Grove, by door-to-door solicitation from September 7 through MOTION 21, 1982. On motion by Vice Mayor Hall, seconded by Permit Approved Councilman Johnson, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234J. SET FOR PUBLIC HEARING On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried 5-0, the following item was set for public hearing on September 20, 1982, at 6:30 p.m., in the Council Chambers of City Hall: Towing Rate Requests from G and W Towing Service, 740 Ohms Increases Way, Costa Mesa, and Harbor Towing Service, 964 West 17th Street, Costa Mesa, for rate increases. REJECTED CLAIMS On motion by Vice Mayor Hall, seconded by Councilman Turner Johnson, and carried 5-0, the claim of Engrid Johnson Turner was rejected. Aplanalp On motion by Vice Mayor Hall, seconded by Councilman Johnson, and carried 5-0, the claim of Donald Craig Aplanalp was rejected. ADMINISTRATIVE ACTIONS On motion by Vice Mayor Hall, seconded by Councilman Johnson, two Conference Advances, in the amounts of Conference $415.00 and $390.00, for two police officers to attend Advances Legal Ed Update in Palm Springs, October 18-22, 1982, were approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, Advances Approved McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Open Space and On motion by Vice Mayor Hall, seconded by Councilman Recreation Johnson, Resolution 82-69, being A RESOLUTION OF THE Program CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI- MOTION Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM, was Resolution 82-69 adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Interconnected On motion by Vice Mayor Hall, seconded by Councilman Traffic Signals Johnson, Resolution 82-70, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION SUPPORTING IMPLEMENTATION OF AN INTERCONNECTED TRAFFIC Resolution 82-70 SIGNAL SYSTEM THROUGHOUT ALL CITIES IN THE COUNTY OF Adopted ORANGE, was adopted by the following roll call vote: Notice of Completion Restroom at Golf Course MOTION Work Accepted Change Order No. 1 - IBM Bid Item 515 and Budget Adjustment IBM 4331, Group 2, Computer MOTION Change Order Approved Agreement - IBM Rental of Computer System Software MOTION Agreement Approved AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson None None Construction of a restroom at the Costa Mesa Golf Course has been completed to the satisfaction of the Director of Leisure Services by R. G. Construction Company, 2165 State Avenue, Costa Mesa. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the work was accepted; the Clerk was authorized to file a Notice of Completion; the Performance Bond was ordered exonerated 35 days after the Notice of Completion has been filed; and the Labor and Material Bond was ordered exonerated seven months after the Notice of Completion has been filed. 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 The Assistant City Manager has recommended approval of Change Order No. 1, including a budget adjustment, in the amount of $12,532.38, to the contract with Inter- national Business Machines (IBM), 445 South Figueroa Street, Los Angeles, in connection with Bid Item 515, relating to the City's purchase of the IBM 4331, Group 2, computer. Staff has noted a deficiency in the original equipment order and the specific change will upgrade the proposed 3411-3 Mag Tape to a faster 3420-4 Mag Tape. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the change order and budget adjust- ment were approved'by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None An agreement with International Business Machines (IBM), 445 South Figueroa Street, Los Angeles, was presented. The agreement stipulates an amount not to exceed $20,072.00 for rental of system software to convert the the existing NCR computer to the new IBM 4331 computer. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the agreement was approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson None None Improvements in Improvements in Tract 11148 have been completed to the Tract 11148 - satisfaction of the Director of Public Services by Quiet Bay Homes Quiet Bay Homes, 2914 East Katella Avenue, Suite 203, Orange, for property located at 2182 Pacific Avenue. On MOTION motion by Vice Mayor Hall, seconded by Councilman John - Work Accepted son, the work was accepted, and the bonds were ordered exonerated. 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 Final Map for The Final Map and,a Subdivision Agreement were presented Tract 11326 - for Tract 11326, William and Louis, Incorporated, 4341 William and Louis Birch Street, Suite 207, Newport Beach; one lot, 0.41 - acre, located at 675 West 18th Street, for condominium MOTION purposes. On motion by Vice Mayor Hall, seconded by Map and Agreement Councilman Johnson, the map was approved; the Council Approved did accept on behalf of the public the dedication of Park Avenue for street purposes; did also accept on 192 Change Order No. 21 - McGrew Construction Assessment District No. 80-1 MOTION Change Order Approved Change Orders No. 8 and No. 9 Bein and Frost Assessment District No. 80-1 MOTION Change Orders Approved Agreement - City of Santa Ana Signal Maintenance on Sunflower at Plaza MOTION Agreement Approved behalf of the City of Costa Mesa the ingress/egress easement for emergency purposes as dedicated; did also approve subject map pursuant to the provisions of Sec- tion 66436 (c)(1) of the Subdivision Map Act; the Clerk was authorized to sign subject map, and the Mayor and Clerk were authorized to sign the subdivision agreement. 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 The Director of Public Services has recommended approval of Change Order No. 21, in the amount of $5,164.55, to the contract with McGrew Construction Company, Incorpor- ated, Post Office Box 6540, Anaheim, in connection with Assessment District No. 80-1, Sunflower/MacArthur Indus- trial Area. The change order is for additional work required for construction of the MacArthur Boulevard storm drain. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson None None NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: The Director of Public Services has recommended approval of Change Orders No. 8 and No. 9, for a total amount of $25,330.00, to the contract with Robert Bein, William Frost and Associates, 1401 Quail Street, Newport Beach. The change orders are for additional engineering serv- ices and compensation for field construction for the resident engineer in connection with Assessment District No. 80-1, Sunflower/MacArthur Industrial Area. On motion by Vice Mayor Hall, seconded by Councilman John- son, 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 An agreement with the City of Santa Ana, relating to the traffic signal on Sunflower Avenue at Plaza Drive, was presented. The agreement will transfer maintenance of that -signal from Santa Ana to Costa Mesa so that it can be coordinated with other traffic signals on Sunflower Avenue. The City of Santa Ana did not financially participate in the current upgrade of the intersection, however, Santa Ana plans to upgrade the Harbor Boule- vard/MacArthur Boulevard intersection and will not request financial participation from the City of Costa Mesa. On motion by Vice Mayor Hall, seconded by Coun- cilman Johnson, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson None None Agreement - ASL An agreement with Alderman, Swift and Lewis (ASL), 1201 East Warner Avenue, Santa Ana, was presented. The 19th Street agreement stipulates an amount not to exceed $15,500.00 Widening Design for all work required for the design of the 19th Street widening between Fullerton and Park Avenues. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson None None Bid Item 550 One bid received for Bid Item 550, Computer Equipment Computer Equipment for the Management Information Division, is on file in the Clerk's office. On motion by Vice Mayor Hall, MOTION seconded by Councilman Johnson, the contract was awarded Awarded to to DJC Corporation, 2709 Hillside Drive, Newport Beach, DJC in the amount of $30,895.75, being the only 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 Bid Item 552 Bids received for Bid Item 552, Furnish and Install Carpeting for Carpeting at the.City Police Building, are on file in Police Building the Clerk's office. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the contract was awarded MOTION to Custom Floors, Incorporated, 13902 Seaboard Circle, Awarded to Garden Grove, in the amount of $14,481.14, being the Custom Floors lowest bid meeting all specifications. The motion car- ried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 555 Bids received for Bid Item 555, Three Lawn Mowers, are Three Lawn Mowers on file in the Clerk's office. On motion by Vice Mayor Hall, seconded by Councilman Johnson, the contract was MOTION awarded to Toro Pacific Distributing Company, Incorpor- Awarded to ated, 19515 East Walnut Drive North, City of Industry, Toro Pacific for a total amount of $31,356.92, being the lowest bid meeting all 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 Fair Drive Bids received for -Demolition and Associated Landscaping Parkways for Fair Drive Parkways are on file in the Clerk's office. On motion by Vice Mayor Hall, seconded by MOTION Councilman Johnson, the contract was awarded to Moser Awarded to Landscape, Incorporated, 15790 Astral Street, Chino, Moser Landscape in the amount of $94,233.70, being the lowest responsi- ble bid. 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 - An agreement with Don Cantacessi and Company, 23362 Cantacessi Peralta Drive, Suite 8, Laguna Hills, was presented. The agreement stipulates an amount not to exceed Redesign of $8,840.00 for redesign of Mesa Verde Park. On motion Mesa Verde Park by Vice Mayor Hall, seconded by Councilman Johnson, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Restroom at Rea Bids received for Rea Community Center Restroom Renova- Community Center tion are on file in the Clerk's office. On motion by Vice Mayor Hall, seconded by Councilman Johnson, .the MOTION contract was awarded to Impact Construction, Incorpor- A- Awarded to ated, 25291 Mainsail Drive, Dana Point, in the amount Impact of $17,172.00, being the lowest responsible bid. The Construction motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented for discussion alternatives regard - Proposed Sign ing proposed Sign Ordinance changes. Ordinance Changes The Development Services Director reviewed staff's memorandum dated August 12, 1982, which included four options for Council consideration: (1) Send the Ordi- nance to the Planning Commission to begin the public hearing process; (2) Place the Ordinance on the Septem- ber Study Session Agenda; (3) Schedule a joint Planning Commission/City Council Study Session on the subject; and (4) Abandon the project. The Development Services staff opposes the proposed changes to the Sign Ordinance for reasons outlined in the above mentioned memorandum. Vice Mayor Hall read a prepared statement in which he stated his preference to refer this matter to a Council Study Session for the following reasons: (1) We are just entering an election campaign for City Council which will offer an opportunity for extensive input from the community during many candidate sessions which will occur; and (2) There is a possibility that there could be a change on the Council in November, 1982, and if, in fact, there is a change, it would be unfair to the new member or members for the present Council to take action on such an apparently controversial item as this just prior to the election, -eliminating the possi- bility of any new views. MOTION Vice Mayor Hall made a motion, seconded by Councilman Refer to November Johnson, to refer the proposed Sign Ordinance changes to Study Session the Study Session of November 8, 1982. Councilman McFarland stated that he felt the Sign Ordi- nance will be a campaign issue, and it should be because people are concerned and want to know the attitude of those running for office. He further commented that he SUBSTITUTE MOTION saw no advantage in delaying discussion until November Refer to Joint 8, 1982, and made a substitute motion to adopt Option Study Session in 3 by scheduling a joint Planning Commission/City Council October Study Session in October, 1982. Councilwoman Hertzog expressed her agreement with that portion of Councilman McFarland's motion to hold a joint Study Session, however, she did not agree that such a meeting be held in October. Councilwoman Hertzog stated her preference to hold the joint Study Session in Novem- ber, 1982, so that input could be obtained during the election campaign and she further expressed her opinion that the Planning Commission should be involved in dis- cussion of the proposed changes. Councilwoman Hertzog expressed her desire that the Sign Ordinance be an effec- tive ordinance and not an emotional issue as it was in the 1974 and 1978 election campaigns. She further commented that she would support Councilman McFarland's motion if he would consider amending his motion by changing the time of the joint Study Session with the Planning Commission to November, 1982, or possibly a later date. Councilwoman Hertzog's reason for the later date was that if there is a new Council Member, or Members, it will be necessary to allow additional time for study of the ordinance and proposed changes. AMENDED SUBSTITUTE Councilman McFarland amended his substitute motion by MOTION - Refer to referring this item to the first Study Session in Joint Study January, 1983, to be held jointly with the Planning Session in Commission, so that if there were new members on the January City Council, there will be sufficient time for study. The motion was seconded by Councilwoman Hertzog. Vice Mayor Hall stated he would vote against the amended substitute motion because he felt it was not necessary to involve the Planning Commission until after Council decided whether or not to approve the proposed changes to the Sign Ordinance. Mayor Schafer also commented that she would vote against the amended substitute motion because she was in favor of referring this item to the Council Study.Session in -November, 1982, and meet with the Planning Commission thereafter. Failed to The Mayor called for a vote and the amended substitute Carry motion failed to carry, Council Members Schafer, Hall, and Johnson voting_.no. Vice Mayor Hall suggested that if there are new members on the Council after the November election, the November Study Session date could be changed to a later time to allow study by the new members. ORIGINAL MOTION After brief discussion, Mayor Schafer called for the Carried vote on Vice Mayor Hall's original motion to refer this item to the Study Session in November, 1982. The motion carried 5-0. - Mayor Schafer announced that public comments regarding the proposed Sign Ordinance changes will be heard at the end of the meeting under Oral Communications. Building Codes On motion by Vice Mayor Hall, seconded by Councilman McFarland, amended Ordinance 82-13, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- MOTION FORNIA, ADOPTING BY REFERENCE THE 1979 EDITIONS OF THE Ordinance 82-13 UNIFORM BUILDING CODE; THE UNIFORM HOUSING CODE; THE Adopted UNIFORM CODE FOR ABATEMENT 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 APPEN- DICES A, B, AND C; THE 1978 EDITION OF THE NATIONAL ELECTRICAL CODE AND THE UNIFORM WIRING CODE OF THE CITY OF COSTA MESA; AND CERTAIN AMENDMENTS AND MODIFICATIONS TO SAID CODES, was 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 WARRANTS On motion by Councilman McFarland, seconded by Council - Warrant 1188 woman Hertzog, Warrant Resolution 1188 was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Warrant 1189 On motion by Councilwoman Hertzog, seconded by Council - Approved man Johnson, Warrant Resolution 1189, including Payrolls 8217 and 8218, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager referred to a previous item listed REPORTS under the Consent Calendar, award of contract to Moser Landscape, Incorporated, in the amount of $94,233.70, Addendum to Fair for Demolition and Associated Landscaping for Fair Drive Drive Parkways Parkways. In connection with this project, the City Contract to Manager recommended approval of an addendum to subject Include Bike contract, in the amount of $39,600.00, for construction Trails of off-road bike trails on the north and south sides of Fair Drive. MOTION On motion by Vice Mayor Hall, seconded by Councilwoman Addendum Hertzog, the recommended addendum 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 PUBLIC HEARING The Clerk announced that this was the time and place R-82-09 set for the public hearing for Rezone Petition R-82-09, Gianulias/Bristol James C. Gianulias, authorized agent for Bristol Plaza, Plaza Post Office Box 2990, Newport Beach, for permission to rezone property located at 3150 Bristol Street from Cl to PDC. Environmental Determination: Environmental Impact Report previously accepted by Council. The Affidavit of Publication is on file in the Clerk's office. ZE-82-117 In connection with the above referenced property, the Clerk also presented Zone Exception ZE-82-117, for a Planned Development Review of two five -story office buildings, with variances from setback and site cover- age requirements. No communications have been received for subject applications. The Development Services Director reviewed the Planning Staff Report and pointed out that staff and the Planning Commission recommended approval of the rezone, planned development, and variances subject to all conditions as amended by the Planning Commission. At their meeting of August 9, 1982, the Planning Commission took the following action: (1) Deleted Condition No. 7; (2) Con- dition No. 8 was amended to read, "Design of the access to Bristol Street, including a deceleration lane, shall be completed under the direction of the Public Services Director prior to issuance of building permits; and (3) Modified Condition No. 10 to read, "Prepare and submit engineering drawings and deposit $40,000.00 towards costs for construction of a traffic signal on Paularino Avenue, at the easement behind Ward's, includ- ing an approach from property south of Paularino Avenue. Exact amount of the applicant's share of costs shall be based on development of the adjacent property and pro- rated accordingly. (Exact wording of this condition is to be refined by staff prior to submittal for the City Council hearing.) Andrew Gianulias, 3101 Manistee Drive, Costa Mesa, representing Bristol Plaza, requested that Condition No. 11 be modified to read, "Upon development of the Ward's property, applicant agrees to cooperate and con- tribute toward the costs to improve the easement behind the Ward's building under the direction of the Public Services Director. The exact amount of applicant's share of the cost shall be prorated in accordance with the respective sizes of the properties". In response to questions from the Council, Mr. Gianulias stated that resurfacing would be done immediately where necessary, the easement will be used primarily for ingress and egress by employees, and that he would have no problem with the share of costs being prorated in accordance with parking requirements of the respective properties. The Public Services Director stated that since this condition was a mitigating matter connected to the Environmental Impact Report, he was concerned over the improvements being contingent on a future project. He suggested that the applicant post a bond prior to occu- pancy in order to insure the surface, curb, and gutter improvements. After an explanation by the Public Services Director regarding posting of a bond to insure curb and gutter construction, Mr. Gianulias stated that he was in accordance with the intent of this method for appli- cant's share of the costs. Mr. Gianulias also requested that Condition No. 10 be worded similarly and the Public Services Director -responded that it would be possible to grant the request. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, represent- ing the Mesa Del Mar Homeowners Association, stated that he had been directed to voice the Association's opposi- tion to any development south of the San Diego Freeway which is over 30 feet in height. Opposition is based on additional traffic which will be generated inside and outside of the Mesa Del Mar Tract. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Hall, seconded by EIR and Addenda Councilman McFarland, and carried 5-0, finding that the Adequate Environmental Impact Report, with addenda, adequately considers concerns of this project. MOTION On motion by Vice Mayor Hall, seconded by Councilman Ordinance 82-14 McFarland, Ordinance 82-14, being AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading CHANGING THE ZONING OF PROPERTY LOCATED AT 3150 BRISTOL STREET FROM Cl TO PDC, 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 MOTION On motion by Vice Mayor Hall, seconded by Councilman ZE-82-117 Johnson, and carried 4-1, Councilwoman Hertzog voting Approved no, the following action was taken: Zone Exception ZE-82-117 was approved based on the findings and analy- sis contained in the Staff Report, subject to all conditions as amended by the Planning Commission with the exception of Conditions No. 10 and No. 11 which were modified to read as follows: No. 10, "Prepare and submit engineering drawings for construction of a traf- fic signal on Paularino Avenue, at the easement behind Ward's, including an approach from property south of Paularino Avenue, to be partially funded on a pro rata basis to be determined by the Public Services Director. A bond may be posted at the time of completion of the study if necessary for construction"; No. 11, "Improve the easement behind the Ward's building to near -street standards under the direction -of the Director of Public Services with cost to be borne on a pro rata basis, determined by traffic count or square footage, coopera- tively developed by the two property owners". NEW BUSINESS The Clerk presented Encroachment Permit EP -82-09, Frank EP -82-09 Italiane, authorized agent for Donald G. Biel, 1709 Oahu Italiane Place, Costa Mesa, to allow parking and landscaping in the public right-of-way adjacent to property located at at 218-222 West Wilson Street in a Cl zone. Environ- mental Determination: Exempt. The Development Services Director referred to the Staff Report and pointed out that based on revised plans and on findings that deletion of the Conditional Use Permit under Zone Exception ZE-82-123, for a greenhouse struc- ture, has removed most of the problems that existed in the original plan. The Planning Commission recommended approval of the encroachment permit subject to condi- tions contained in the Staff Report, with Conditions No. 22 and No. 23 deleted. MOTION On motion by Vice Mayor Hall, seconded by Councilwoman Encroachment Hertzog, Encroachment Permit EP -82-09 was approved Permit Approved based on the revised plans, and subject to modified conditions recommended by the Planning Commission. The motion carried 5-0. ORAL COMMUNICATIONS Ann Mound, 3128 Country Club Drive, Costa Mesa, spoke in opposition to any changes being made to the present Sign Sign Ordinance Ordinance. She expressed her opinion that since new- Changes ewChanges Opposed businesses in the City have been required to comply with the Ordinance, it would be unfair to delete the amorti- zation requirement to appease a small number of Chamber of Commerce members. Later in the meeting, three more citizens spoke opposing any changes to the Sign Ordinance. Jim Toledano, 3165 Gibraltar Avenue, Costa Mesa, stated that in 1974, the Council made a promise to the citizens to cure visual blight within the City. He also com- mented that deleting the amortization requirement should be an issue in the upcoming election and that all Coun- cil Members air their ideas. Mr. Toledano further stated that new business which have come into the City since 1974 have had to conform to the ordinance, and it would be unfair to them to allow other businesses to retain nonconforming signs. Maureen Di Domenico, 941 Coronado Drive, Costa Mesa, stated that Council would not be treating people equally if they made a change in the Sign Ordinance. She further commented that in 1974, the citizens expressed their concern over the appearance of the City and wanted the ugly signs removed. Mrs. Di Domenico urged Council to adhere to the 10 -year amortization as con- tained in the Sign Ordinance. Marilyn Voyer, 3353 Alabama Circle, Costa Mesa, spoke in opposition to any changes in the Sign Ordinance. She referred to a letter that she and her husband had directed to Vice Mayor Hall, dated June 29, 1982, in which they strongly objected to his recommendation to change the Sign Ordinance, and urged that the present Sign Ordinance continue without modification and be enforced to the benefit of all residents. SP -78-02 Don Montgomery, 801 Paularino Avenue, Costa Mesa, spoke Randolph Avenue concerning Specific Plan SP -78-02 which includes the Extension extension of Randolph Avenue past Baker Street and then westerly to join Platte Drive at Paularino Avenue. Mr. Montgomery pointed out that the Randolph Avenue exten- sion was a major issue in 1978 and his purpose in speaking tonight was to request a review of Specific Plan SP -78-02. He expressed opposition to the extension because of the increased traffic that will be generated, the high cost of the project, and the issue of child safety. He urged the Council to review subject plan and to delete the extension of Randolph Avenue. Jean Pitoniak, 786 Paularino Avenue, Costa Mesa, stated that traffic to South Coast Plaza has increased to the extent that there are now five peak hours instead of 1 C two. Mrs. Pitoniak also expressed her opinion that if Randolph Avenue is extended, it would create a.blind area which would be dangerous to children attending Bear Street School. She urged the Council to consider these points and to reconsider their previous action approving the extension of Randolph Avenue under Specific Plan SP -78-02. Elsie Deeter, 3067 Yellowstone Drive, Costa Mesa, also spoke in opposition to the Randolph Avenue extension. She advised the Council of a vehicle count she had taken which pointed out the heavy traffic which exists in the area. Mrs. Deeter voiced her concern over the traffic noise, safety of pedestrians, and deterioration of the neighborhood. MOTION A motion was made by Vice Mayor Hall, seconded by Reconsider Councilman Johnson, referring reconsideration of the Realignment realignment of Street "A" to the Planning Commission of Street "A" Study Session of September 13, 1982, their meeting of September 20, 1982, and to be scheduled for the regular Council meeting of October 4, 1982. Richard Rice requested that the Council endorse the Bilateral Nuclear Weapons Freeze which will be on the November 2, 1982, election ballot under Proposition 12. Mr. Rice read a proposed resolution supporting the freeze and asked that the Council adopt the resolution. Mr. Rice outlined the material he had submitted to the Council concerning this issue. Councilman Councilman McFarland left the Chambers at this time and McFarland was absent for the remainder of the meeting. Leaves Steve Hollister, 14632 Doncaster Road, Irvine, spoke in opposition to Proposition 12 and expressed his opinion that it was naive and treasonous. The following persons strongly -urged Council support of Proposition 12: Phillip Cutler, -3290' Turlock Drive, Costa Mesa; David DeLucas, 1.3392 Wil -son Street, Garden Grove; _Karen Rush; 3073 Johnson Avenue;, Costa Mesa; Carol Ann Bradford, 5 -Surfside -Court --Newport Beach; Betty Petroff, 3073 Johnson=Avenue, Costa Mesa; Stephen Pew, 1967 Anaheim Avenue, -Costa Mesa; Ron Rothstein, 10729 Tabor Street, Los Angeles; and Christine Brockway, 1695 Palau Place, Costa Mesa. The Development Services Director pointed out that the above dates were incorrect and thereafter Vice Mayor Hall amended his motion by referring this item to the Planning Commission Study Session of September 20, 1982, and their meeting of September 27, 1982. MOTION After further discussion regarding filing deadlines and WITHDRAWN required legal notices, Vice Mayor Hall withdrew his motion and Councilman Johnson concurred. MOTION A motion was made by Vice Mayor Hall, to refer recon - Reconsider sideration of the Realignment of Street "A" to the Realignment Planning Commission Study Session of October 4, 1982, of Street "A" to schedule a public hearing for the Planning Commission meeting of October 11, 1982, and to set a public hearing for the Council meeting of November 1, 1982. The motion was seconded by Councilman Johnson, and carried 5-0. Bilateral Nuclear Communications have been received from the following Weapons Freeze - Costa Mesa residents requesting the Council to consider Proposition 12 support of the Nuclear Weapons Freeze: Patty Glatt, 1071 Cheyenne Street; John M. Overman, Post Office Box 11507; Frans Nelson, 853 Center Street; Mike Richey, 1978 Maple Avenue; and Richard Rice, 2501 Harbor Boulevard. Richard Rice requested that the Council endorse the Bilateral Nuclear Weapons Freeze which will be on the November 2, 1982, election ballot under Proposition 12. Mr. Rice read a proposed resolution supporting the freeze and asked that the Council adopt the resolution. Mr. Rice outlined the material he had submitted to the Council concerning this issue. Councilman Councilman McFarland left the Chambers at this time and McFarland was absent for the remainder of the meeting. Leaves Steve Hollister, 14632 Doncaster Road, Irvine, spoke in opposition to Proposition 12 and expressed his opinion that it was naive and treasonous. The following persons strongly -urged Council support of Proposition 12: Phillip Cutler, -3290' Turlock Drive, Costa Mesa; David DeLucas, 1.3392 Wil -son Street, Garden Grove; _Karen Rush; 3073 Johnson Avenue;, Costa Mesa; Carol Ann Bradford, 5 -Surfside -Court --Newport Beach; Betty Petroff, 3073 Johnson=Avenue, Costa Mesa; Stephen Pew, 1967 Anaheim Avenue, -Costa Mesa; Ron Rothstein, 10729 Tabor Street, Los Angeles; and Christine Brockway, 1695 Palau Place, Costa Mesa. Vice Mayor Hall expressed appreciation for the concerns of those who spoke and stated that he also was concerned with nuclear devastation. Vice Mayor Hall commented that the Council should hear the opinions of the whole populous, not only those in support of the freeze. He also stated his opinion that it would not be fair to Recommendation take a position until further study and analysis, and Made Not to Take recommended that no action be taken until after the Action at this views of the people of California are expressed in the Time election of November 2, 1982. Mayor Schafer stated that since there were no other comments, it appeared all Council Members agreed with Vice Mayor Hall's viewpoint. Building Codes - Byron Vaughan, 714 North Hillsboro Place, Fullerton, Ordinance 82-13 representative of the Building Industry Association, spoke concerning Ordinance 82-13 which Council adopted earlier in the meeting. Mr. Vaughan expressed his opinion that the ordinance is in violation of State law and suggested that the hearing be reopened for further study and reconsideration. Mr. Vaughan also submitted a copy of a letter from the State Department of Housing and Community Development dated December 14, 1981, directed to the Orange County Environmental Management Agency, concerning, "Local Condition - State Housing Law". Mr. Vaughan also submitted a copy of Assembly Bill 2300 which also relates to local conditions. Parks for East Bob Yoder, 155 Buoy Street, Costa Mesa, gave a lengthy Side slide presentation concerning park locations within the City of Costa Mesa. Mr. Yoder referred to a recom- mendation made by staff at the time the six park districts were being considered for consolidation into one park district in order to provide greater services for those portions of the City which were deficient in park acreage. At that time, it was determined that the east side was lacking in park area. Mr. Yoder also referred to a document outlining the City's Park Capital Budget for Fiscal Year 1982-83, expressing his opinion that it was too costly to renovate Vista Park and sug- gested that the site be sold. ADJOURNMENT Vice Mayor Hall expressed his opposition to any action being taken by the Council until this matter comes before them in connection with the City's General Plan. The City Manager stated that the City had a park plan and he would not recommend selling the Vista Park site. He also reported that staff has not recommended any additional park site purchases. The City Manager also pointed out that as water supply decreases, rates increase. Mr. Yoder stated and Councilwoman been dedicated in that the east side is not being helped Hertzog responded that four parks had this vicinity in 1968. The Mayor declared the meeting adjourned at 9:10 p.m. Mayor of the City of Cos a Mesa ATTEST: _ --�C�CJCJ�✓ Ci ty -Clerk- of the Cityo osta M a J