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HomeMy WebLinkAbout10/04/1982 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 4, 1982 The City Council of the City of Costa Mesa, met in regular session on October 4, 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 Denis Lyons, St. John the Baptist Catholic 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 Vice Mayor Hall, seconded by Councilman September 20, 1982 McFarland, and carried 5-0, the minutes of the regular meeting of September 20, 1982, were approved as dis- tributed and posted. ORDINANCES A motion was made by Councilman McFarland, seconded by Councilwoman Hertzog, and carried 5-0, to read all ordi- nances by title only. CONSENT CALENDAR On motion by Councilman Johnson, seconded by Council- woman Hertzog, 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 Councilman Johnson, seconded by Council- woman Hertzog, and carried 5-0, the following Reading Folder items were received and processed: Claims A claim was received by the City Clerk from the following claimant: Attorney Marnie A. Real on behalf of Anne Marie Le Clerc. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning Divi - Licenses sion from: Ki Pom Chong, doing business as Chong Texaco, 3001 Harbor Boulevard; Mesaport, Incor- porated, doing business as Prime Burger, 799 West 17th Street; Magic Pan International, Incorpor- ated, doing business at 3333 Bristol Street, Suite E-1; and Dudley and Loretta Rich, doing business as Lori's, 2200-02 Newport Boulevard. Alcoholic Beverage License application from L'Etranger, Incorporated, 2831 Bristol Street, is being protested by the Planning staff because of insufficient parking-at.that address. Opposition to Resolution.from the City of Orange opposing the Proposition 13 - water resources statutory initiative known as Water Initiative Proposition No. 13 on the November 1982 ballot. 1 21 Traffic Conditions Communication from Martha E. Harrison, 3000-A at Royal Palm Drive Royal Palm Drive, Costa Mesa, requesting Council. and Baker Street investigation of the hazardous traffic conditions at Royal Palm Drive and Baker Street. - Public Utiliies Notice from Southern California Gas Company that Commission Application No. 82-09-19 has been filed with the Public Utilities Commission to increase its rates by $25,656,000.00 per.year. Notice from the Public Utilities Commission that a supplement has been filed to Application No. 82-07-013, 24 -Hour Airport Express, Incorporated, for authority to operate as a passenger stage corporation between Los Angeles International Airport and various locations. BUSINESS PERMIT A request has been received from Orange County Oktober- Orange County fest, Post Office Box 1156, Costa Mesa, to hold an Oktoberfest Oktoberfest at the Orange County Fairgrounds October 22- 24, 1982. On motion by Councilman Johnson, seconded by MOTION Councilwoman Hertzog, and carried 5-0, the request was Request Approved approved subject to conditions recommended by staff. REJECTED CLAIMS On motion by Councilman Johnson, seconded by Council- woman�Hertzog, and carried 5-0, the claim of David Erik Carlson Carlson was rejected. On motion by Councilman:Johnson, seconded by Council- Twellman woman Hertzog, and carried 5-0, the claim of Thomas Twellman was rejected. ADMINISTRATIVE ACTIONS The Director of Public Services has recommended approval of Change Order No. 2, in the amount of $6,436.00, to Change Order No. 2 the contract with Paul Gardner Corporation, 901 South - Paul Gardner Sultant Avenue, Ontario. The change order is necessary to include replacement of nonoperable traffic loops and South Coast Area relocation of one foundation for traffic signal control - Signal System lers in connection with the South Coast Area Signal System. On motion by Councilman Johnson, seconded by MOTION Councilwoman Hertzog, the change order was approved by Change Order the following roll call vote: Approved AYES: COUNCIL MEMBERS: Schafer., Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 6 The Assistant City Manager has recommended approval of and a Budget Change Order No. 6, in the amount of $9,659.00, to the Adjustment -contract with Architectural Development Services, 3183-E Architectural Airway Avenue, Costa Mesa, in connection with construc- Development tion of the Civic Center Annex, Phase I. The change order is necessary for installation of two four -inch Civic Center Annex conduit lines from the new facility to City Hall and to Phase I correct an existing utility problem on-site. Staff has also recommended approval of a budget adjustment, in MOTION the amount of $7,832.00, for the additional work. On Change Order motion by Councilman Johnson, seconded by Councilwoman Approved Hertzog; the change order and budget adjustment were approved 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. 22 The Director of Public Services has recommended approval - McGrew of Change Order No. 22 to the contract with McGrew Construction Company, Incorporated, Post Office Box Assessment 6540, Anaheim, for extension of time to September 15, District No. 80-1 1982, for completion of Assessment District No. 80-1, Sunflower/MacArthur Industrial Area. On motion by MOTION - Change Councilman Johnson, seconded by Councilwoman Hertzog, Order Approved and carried 5-0, the change order was approved. Agreement - An agreement with Herman Kimmel and Associates, Incor- Kimmel porated, 3300 Irvine Avenue, Suite 180, Newport Beach, was presented. The agreement stipulates payment by the Traffic Signal City of $10,400.00 for design of traffic signal improve - Design on 19th ments on 19th Street from Newport Boulevard to Monrovia Street Avenue. On motion by Councilman Johnson, seconded by Councilwoman Hertzog, the agreement was approved, and MOTION the Mayor and Clerk were authorized to sign on behalf Agreement Approved 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 Improvements in Improvements in Tract No. 10276 have been completed to Tract No. 10276 the satisfaction of the Director of Public Services by - McLain McLain Development Company, 1470 Jamboree Road, New- port Beach, for property located at Fairview Road and MOTION South Coast Drive. On motion by Councilman Johnson, Work Accepted seconded by Councilwoman Hertzog, 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 was presented for Tract No. 11547, Tract No. 11547 Seaview Business Park Partners, 1182 Southeast Bristol - Seaview Street, Suite 200, Santa Ana; 11 lots, 2.29 acres, Business Park located at 930 West 16th Street, for industrial condo- minium purposes. On motion by Councilman Johnson, MOTION seconded by Councilwoman Hertzog, the map was approved; Map Approved the Council did accept on behalf of the City of Costa Mesa the easement over Lot "A" for ingress/egress purposes 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 the 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 Bid Item 562 - Bids received for Bid Item 562, Replace Doors at the Replace Doors at Corporation Yard, are on file in the Clerk's office. On Corporation Yard motion by Councilman Johnson, seconded by Councilwoman Hertzog, the contract was awarded to Commercial Door MOTION Company, Incorporated, 346 North Orange Avenue, Brea, in Awarded to the amount of $13,824.00, being the lowest bid meeting Commercial Door 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 563 - Bids received for Bid Item 563, Air Conditioning Units Air Conditioning for City Fire Stations, are on file in the Clerk's Units office. On motion by Councilman Johnson, seconded by Councilwoman Hertzog, the contract was awarded to Graham MOTION Brothers Heating and Air Conditioning, Incorporated, Awarded to 2952 Century Place, Costa.Mesa, in the amount of Graham Brothers $11,768.00, being the lowest bid meeting specifica- tions. The motion carried by the following roll call vote: 1 I� AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson None None Drainage Bids received for Drainage Improvements for Alley North Improvements of 17th Street between Irvine and Tustin Avenues are on for Alley file in the Clerk's office. On motion by Councilman Johnson, seconded by Councilwoman Hertzog, the contract MOTION was awarded to George Dakovich and Son, Incorporated, Awarded to 22631-A Maple Avenue, Torrance, in the amount of George Dakovich $72,578.00, 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 Budget Adjustment In connection with the previous item, Drainage Improve - No. 83-19 for ments for Alley North of 17th Street between Irvine and Alley Drainage Tustin Avenues, the Director of Public Services has Improvements recommended approval of Budget Adjustment No. 83-19, in the amount of $115,000.00. A portion of the budget adjustment, $25,148.20, will be utilized to reimburse the Gas Tax Fund for expenditure already made to date, and the balance of $89,851.80 will be utilized for MOTION project construction contingencies and final acquisi- Approved tion cost. On motion by Councilman Johnson, seconded by Councilwoman Hertzog, the budget adjustment was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bank Renovation Bids received for Bank Renovation and Parking Lot and Parking Lot Construction at Shiffer Park are on file in the Clerk's Construction at office. On motion by Councilman Johnson, seconded by Shiffer Park, Councilwoman Hertzog, the contract was awarded to S.T.G. Environmental, Incorporated, 4752 Lincoln Avenue, MOTION Cypress, in the amount of $38,899.00, being the lowest Awarded to bid meeting specifications. The motion carried by the S.T.G. Environ- following roll call vote: mental AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS:,_ None ABSENT: COUNCIL MEMBERS: None Agreement - An agreement with Land Architecture, 3151 Airway Avenue, Land Architecture Costa Mesa, was presented. The agreement stipulates payment by the City in an amount not to exceed Remove Barriers 1$8,240.00 for contractor to provide plans and specifi- in Park System cations for removal of barriers to the handicapped throughout the Costa Mesa park system. On motion by Councilman Johnson, seconded by Councilwoman Hertzog, the agreement was approved, and the Mayor and Clerk were 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 Purchase of Six The Purchasing Agent has requested authorization to Used Vehicles negotiate the purchase of six 1982 mid-sized used vehicles for approximately $7,500.00 each. On motion MOTION by Councilman Johnson, seconded by Councilwoman Hertzog, Negotiation authorization was given to negotiate purchase of the Authorized used vehicles by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson None None Agreement - Caine An agreement was presented, between the City and Caine et al Gressel Midgley Slater, Incorporated, 220 South State Advances Street, Suite 1932, Chicago, Illinois, for financial Rehabilitation consultant services for the City's housing and commer- Loan Program cial rehabilitation loan program. Maximum compensation attend a Personnel will not exceed $25,000.00. On motion by Councilman Management Course in San Diego, Johnson, seconded by Councilwoman Hertzog, the agreement Approved was approved, and the Mayor and Clerk were authorized to by the following roll call vote: sign on behalf of the City. The motion carried by the AYES: following roll call vote: Schafer, Hall, Hertzog, AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, NOES: McFarland, Johnson McFarland, Johnson NOES: COUNCIL MEMBERS: None NOES: ABSENT: COUNCIL MEMBERS: None Notice of Construction of a Picnic Shelter at Brentwood Park has Completion been completed to the satisfaction of the Director of None Leisure Services by R. G. Construction, 2165 State Picnic Shelter at Avenue; Costa Mesa. On motion by Councilman Johnson, Brentwood Park seconded by Councilwoman Hertzog, the improvements were was approved by the following roll call accepted; the Clerk was authorized to File a Notice of MOTION Completion; and the bonds were ordered exonerated 35 Work Accepted days after the Notice of Completion has been filed. COUNCIL MEMBERS: Schafer, Hall, Hertzog, The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson COUNCIL MEMBERS: None NOES: COUNCIL MEMBERS: None ABSENT: ABSENT: COUNCIL MEMBERS: None Conference On motion by Councilman Johnson, seconded by Council - Advances woman Hertzog, a Conference Advance, in the amount of $450.00, for $380.00, for a police officer to attend a Personnel MOTION Management Course in San Diego, October 25-29, 1982, Approved was approved by the following roll call vote: COUNCIL MEMBERS: Schafer, Hall, Hertzog, AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, NOES: COUNCIL MEMBERS: None McFarland, Johnson ABSENT: NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilman Johnson, seconded by Council - Approved woman Hertzog, a Conference Advance, in the amount of $450.00, for a police officer to attend an Officer Survival Course,in San Luis Obispo, November 1-5, 1982, was approved 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 - MOTION woman Hertzog, Warrant Resolution 1191, including Warrant 1191 Payroll 8220, was approved by the following roll call Approved 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 - MOTION woman Hertzog, Warrant Resolution 1192 was approved by Warrant 1192 the following roll call vote: Approved AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None uiTY MANAGER'S The City Manager presented a Memorandum of Understanding REPORTS between the City and the Costa Mesa Fire Fighters Cor- poration which contains the following provisions: Memorandum of Understanding (1) Salary increase of 8.75 percent effective October - Fire Fighters 17, 1982; (2) Salary increase of 5 percent effective July 10, 1983; MOTION On motion by Councilman Johnson, seconded by Council - Resolution 82-76 woman Hertzog, Resolution 82-76, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, ESTABLISHING THE BASIC PAY SCHEDULE, ESTABLISHING THE RATES OF PAY FOR CLASSIFICATIONS AND EMPLOYEES PLACED UNDER THE BASIC PAY SCHEDULE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Request for The City Manager requesteda closed session at the end Closed Session of the regular meeting for the purpose of discussing PUBLIC HEARING personnel matters. The Clerk announced the public hearing, continued from Increase in the meeting of September 20, 1982, to consider requests Towing Rates for towing rate increases from G and W Towing Service, 740 Ohms Way, Costa Mesa, and Harbor Towing Service, 964 West 17th Street, Costa Mesa. The City Manager recommended adoption of the towing rate schedule detailed in staff's memorandum of September 30, 1982. (3) Time and one-half overtime effective July 10, 1983, i under the same terms and provisions that are cur- rently in effect for all other City employees; (4) A provision to increase sick leave payoff from 1/3 to 1/2 starting July of 1983, provided that sick leave utilization is maintained at an average of three shifts or less per man per year; (5) Fire Fighters' -will be able to participate in the existing self-funded dental plan; and (6) The City will pay an additional $10.00 per month toward medical coverage which coincides with this year's rate increase and also pay up to an addi- tional $10.00 should there be another rate increase prior to August 1, 1984. MOTION Receive and File A motion was made by Vice Mayor Hall, seconded by Coun- cilman Johnson, to receive and file the Memorandum of Understanding and authorizing the City Manager to imple- ment its terms. 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 Salary Increase for The City Manager presented a proposed resolution auth- Fire Fighters and orizing salary increases for the City's fire fighters Clerical Personnel and clerical personnel. The resolution provides for salary increases for fire personnel as detailed in the previous item, Memorandum of Understanding with the Costa Mesa Fire Fighters Corporation; and contains salary increases for clerical personnel_ ranging from 1.25 to 6.25 percent, effective October 3, 1982. MOTION On motion by Councilman Johnson, seconded by Council - Resolution 82-76 woman Hertzog, Resolution 82-76, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, ESTABLISHING THE BASIC PAY SCHEDULE, ESTABLISHING THE RATES OF PAY FOR CLASSIFICATIONS AND EMPLOYEES PLACED UNDER THE BASIC PAY SCHEDULE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Request for The City Manager requesteda closed session at the end Closed Session of the regular meeting for the purpose of discussing PUBLIC HEARING personnel matters. The Clerk announced the public hearing, continued from Increase in the meeting of September 20, 1982, to consider requests Towing Rates for towing rate increases from G and W Towing Service, 740 Ohms Way, Costa Mesa, and Harbor Towing Service, 964 West 17th Street, Costa Mesa. The City Manager recommended adoption of the towing rate schedule detailed in staff's memorandum of September 30, 1982. 211 There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilman McFarland, seconded by Vice Towing Rate Mayor Hall, and carried 5-0, the rate schedule recom- Schedule Adopted mended by the City Manager was adopted. PUBLIC HEARINGS The Clerk announced that this was the time and place set for the following public hearings for California Pacific Montgomery Ward Properties Corporation, 3401 West Sunflower Avenue, Suite 250, Santa Ana, authorized agent for Montgomery Ward Development Corporation, One Montgomery Plaza, 23-S, Chicago, Illinois, for property located at 3088 Bristol Street: EIR Environmental Impact Report; SP-82-OIA Specific Plan SP -82-01A, to amend the building height, setback, and floor area ratio provisions, and to allow an exception to the maximum floor area ratio of Specific Plan SP -82-01; R-82-10 Rezone Petition R-82-10, for permission to rezone property from Cl to PDC; and ZE-82-132 Zone Exception ZE-82-132, for approval of a Planned Development Review of a hotel/office complex, with variances from landscaped setback and parking requirements. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. MOTION On motion by Councilman McFarland, seconded by Council - Held Over man Johnson, and carried 5-0, these items were continued to the meeting of November 1, 1982, as recommended by staff. PUBLIC HEARING The Clerk announced the public hearing to consider the appeal of the Planning Commission's decision for Zone Appeal of Exception ZE-82-121, from Minnie and.Ruben Rubalcava, ZE-82-121 1748 Iowa Street, Costa Mesa, for a Conditional Use Rubalcava Permit to convert an existing private elementary school into a pre-school and to enlarge the existing facili- ties; and for a variance from setback landscaping requirements, located at 2070 Maple Avenue in an R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval subject to conditions, with Conditions No. 3, No. 7, and No. 16 amended. Approval was also given for an increase in enrollment from 46 to 51 students. The appellants are objecting to the following conditions which were imposed in conjunction with the addition of a modular classroom: Condition No. 3, Concrete block walls, identical in height and similar in appearance to the block wall along the rear property line, shall be constructed along the interior property lines except within the 20 -foot front setback; and Condition No. 7, Concrete block walls 30 inches high shall be installed along the side yard property lines within the front 20 -foot setback. Materials shall be the same as those used in all other property line walls. Minnie Rubalcava was present and stated that installa- tion of the walls would create a financial hardship. She also expressed her opinion that block walls do not provide a comfortable environment for the children. 1 Mrs. Rubalcava reported that.there has never been a complaint about noise from the neighbors. In response to a question from Vice Mayor Hall, Mrs. Rubalcava stated that the modular classroom would be .added in approximately one year. Vice Mayor Hall suggested that if the financial burden of installing the block wall still exists at the time the classroom is added, that she come back to the Council at that time. There being no other speakers, the Mayor closed the public hearing. Councilman Johnson asked if a wooden wall would be sufficient and the Development Services Director responded that studies have shown that block walls are,best for noise abatement. MOTION Councilman McFarland made a motion to deny the request Planning Commission contained in the appeal, and to uphold the Planning Decision Upheld Commission's decision subject to all conditions as amended by the Commission. The motion was seconded by Councilwoman Hertzog, and carried 5-0. PUBLIC HEARING Appeal of The Clerk announced the public hearing to consider an ZE-82-122 appeal of the Planning Commission's decision for Zone Sanford/Phillips Exception ZE-82-122 from Robert L. Sanford, 1111 Valley Circle, Costa Mesa, authorized agent for Oscar and Louise Phillips, 2201 Heather Lane, Newport Beach, for a variance from permitted fence height, located at 1111 Valley Circle in an R1 zone. Environmental Determina- tion: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director reviewed the back- ground of the application which is contained in staff's memorandum dated September 29, 1982. Applicant attached two -foot high corrugated fiberglass panels on top of an existing concrete block wall. The Planning Commission approved a one -foot increase in wall height. In addi- tion, extensions are required to be constructed of either wood or concrete block. The appeal is based on the opinion that the one -foot extension would not adequately screen the appellant's living areas from the neighboring spa nor from the second -story window of the adjoining property. Appellant Robert Sanford stated he is only appealing the height of the fence and that all other conditions are acceptable. Mr. Sanford reiterated his desire for a two -foot extension and further stated his opinion that his neighbors do not object to.the additional height but only to the fiberglass panels. Charlene Liebengood, 1110 Ridgecrest Circle, Costa Mesa, owner of property south of the Sanford site, stated her objections to the additional fence height are the type of material used and unsafe conditions which may be present because of holes drilled into the existing wall for installation of the fiberglass panels. She voiced concern that the two -foot additional height may be hazardous. In addressing Mrs. Liebengood's concern regarding the safety of the project, the Development Services Director referred to Condition No. 7 which states that the appel- lant must provide calculations prepared by a registered 21-4310 engineer or certified architect for any fence or wall over six feet in height. MOTION After brief discussion, Vice Mayor Hall made a motion Two -foot Wall to approve the zone exception to allow the height of Addition Approved the wall to be increased by two feet. The motion was seconded by Councilwoman Hertzog, and carried 5-0. PUBLIC HEARING The Clerk announced the public hearing to consider an appeal of the Planning Commission's denial of Zone Appeal of Exception ZE-82-126 from Lou Kosoy, representative for ZE-82-126 Costa Mesa Foam and Fabrics, Incorporated, for a sign Costa Mesa Foam variance at 1970 Placentia Avenue in an MG zone. and Fabrics Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director reviewed the back- ground of the application contained in staff's memorandun dated September 30, 1982. Appellant is requesting a ground sign although the site does not satisfy the dimension or area requirements necessary to qualify for a ground sign in an industrial zone. The signage proposed is comparable to that which would be allowed in a commercial zone. Staff reported that if the ground sign is approved, it could be assumed that a special privilege has been granted and would set a precedent for other -businesses which are a combination of manufacturing and retail uses. Stuart Frye, 2111 San Joaquin Hills Road, Newport Beach, authorized agent, stated that because of the setback, a sign on the building cannot be seen from the street. Appellant Lou Kosoy concurred with Mr. Frye that a ground sign was needed for identification. Mr. Kosoy stated he was advised earlier that a sign would be allowed, however, now he has been told that no signage whatsoever would be allowed. The Development Services Director responded that appellant can have a sign on the building but not a ground sign. In response to a question by Councilwoman Hertzog, the Development Services Director stated that this is encouraged by staff and a ground sign six square feet or less, containing address numbers only, is not counted against sign area. There being no other speakers, the Mayor closed the public hearing. Vice Mayor Hall expressed his opinion that more commer- cial businesses were being established in that area and therefore a ground sign should be approved for this site. Motion to Approve After brief discussion, Vice Mayor Hall made a motion, Failed to Carry seconded by Councilman Johnson, to approve the zone exception subject to all conditions contained in the Staff Report, with the addition of Condition No. 6, the ground sign shall not exceed 15 square feet in area, and based on the finding that due to the present types of business on Placentia Avenue and the setback of the building in relation to buildings to the south, this would not be a grant of special privilege to this par- ticular property. The motion failed to carry, Council Members Schafer, Hertzog, and McFarland voting no. Council Members Schafer, McFarland, and Hertzog com- mented that a ground sign containing numbers and a name sign on the building were sufficient identification. MU11UN A motion was made by Councilman McFarland, seconded by Request Denied Councilwoman Hertzog, to deny the request based on the findings and analysis contained in the Staff Report. The motion carried 3-2, Council Members Hall and Johnson voting no. PUBLIC HEARING The Clerk announced that this was the time and place set for the public hearing to consider a proposed Flood Plain ordinance amending the City's flood plain land use and Land Use development regulations to incorporate construction standards for mobile homes and mobile home parks and subdivisions. MOTION On motion by Vice Mayor Hall, seconded by Councilman Ordinance 82-15 McFarland, Ordinance 82-15, being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 17-1/2, TITLE 13 OF THE COSTA MESA MUNICIPAL CODE, TO INCORPORATE CONSTRUCTION STANDARDS FOR MOBILE HOMES AND MOBILE HOME PARKS AND SUBDIVISIONS LOCATED IN THE FLOOD HAZARD AREA, was given first read- ing 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 NEW BUSINESS The Clerk presented Encroachment Permit EP -82-10, Robert EP -82-10 Burns,.auth'orized agent for..Herrick Hanson, 1345 North Burns/Hanson Grand Avenue, Suite 1A, Sant_a-Ana, to allow placement of parking spaces in -the public -right-of-way at 462-C East 17th Street in a C2 zone. Environmental Determination: Exempt. The Planning Commission and Planning staff recommended approval. MOTION On motion by Vice Mayor Hall, seconded by Councilman Permit Approved McFarland, and carried 5-0, the encroachment permit was approved subject to conditions recommended by the Plan- ning Commission and based on the findings and analysis contained in the Staff Report. ORAL COMMUNICATIONS Susan Emerson, 270 Del Mar Avenue, Costa Mesa, stated that she had been advised that the future of Del Mar Del Mar Avenue Avenue would be discussed this evening. The City Manager responded that this item was not on the Agenda. Mayor Schafer suggested that Mrs. Emerson leave her phone number with the Director of Public Services so that he could contact her the next day. COUNCILMANIC COMMENTS Councilwoman Hertzog requested that staff investigate slum conditions that exist within the City, such as, Slum Properties 15 people living in a two-bedroom apartment. She within the City further stated that it appears that there are four or five properties where these conditions exist: Council- woman Hertzog also stated that the property owners live elsewhere and evidently are not concerned that the slum conditions are a nuisance to the citizens in the neighborhood and result in devaluation of the surrounding properties. Staff Directed All Council Members agreed to direct the City Attorney to Submit Report and Development Services Director to investigate this matter and to submit a report on their findings. Excess Traffic Councilwoman Hertzog expressed concern over the excess on Paularino traffic on Paularino Avenue. She stated that residents Avenue are having difficulty entering and exiting their properties. Mayor Schafer and Vice Mayor Hall suggested that this matter be discussed at the time the Randolph Avenue extension public hearing is held on November 1, 1982. Councilwoman Hertzog responded that the matter is too critical to delay investigation. Councilman McFarland agreed that the excess traffic on Paularino Avenue should be considered immediately and not be delayed until the Randolph Avenue extension is discussed. Referred to All Council Members agreed to refer this matter to the Traffic Commission Traffic Commission for investigation and recommendation. ADJOURNMENT At 8:10 p.m,, the Mayor adjourned the meeting to a TO CLOSED SESSION closed session in the fifth floor Conference Room for -the purpose of discussing personnel matters. No action was taken. ADJOURNMENT The Mayor declared the meeting adjourned at 8:45 p.m. Mayor of the City of os - a Mesa ATTEST: City :Clerk of= the -City. of Costa M a