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HomeMy WebLinkAbout02/22/1983 - City CouncilRB3ULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 22, 1983 The City Council of the City of Costa Mesa, met in regular session on February 22, 1983, 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 Very Reverend Monsignor Thomas Nevin, St. Joachim Catholic Church. ROLL CALL Council Members Present: Hall, Johnson, Hertzog, McFarland, Schafer 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 - February 7 and woman Hertzog, and carried 5-0, the minutes of the 14, 1983 regular meeting of February 7, 1983, and the adjourned regular meeting of February 14, 1983, were approved as distributed and posted. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilwoman Schafer, and carried 5-0, to read all ordinances by title only. CONSENT CALENDAR The following item was removed from the Consent.Calen- dar: Item 5, Set public hearing to consider street name change of 22nd Street to Victoria Street. On motion by Councilman McFarland, seconded by Vice Mayor Johnson, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Councilman McFarland, seconded by Vice Mayor Johnson, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims have been received by the City Clerk from the following persons: David A. Asbury; Automo- bile Club of Southern California on behalf of Glenda J. Cacciaguidi; Attorney Devera L. Petak on behalf of Darwin and Jeffrey Scott Freyden- dall; Ron Dwaine Johnson; and Attorney Ralph Evans on behalf of Brian Richard Lillie. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff Licenses- from: Johanna F. Channey, doing business as Johanna's, 810-812 West 19th Street; Dennis and Katherine L. Young, doing business at 1773 New- port Boulevard; Mary L. Brown, doing business at 1830 Newport Boulevard; YuarrDer Wang, William Wang and Chi-Yun Wang, doing business as W.H.J.'s Golden Dragon, Incorporated, 2023 Harbor Boule- vard. �I State A resolution from the City of Fullerton urging Subventions the legislature of the State of California: to Cities (1) not to make any changes in the present formula for State subventions to cities, or to increase sales taxes; and (2) to approve Assembly Bill 36X. A resolution from the City of Hawaiian Gardens urging the legislature of the.State of Cali- fornia not to make any changes in the present formula for State subventions to cities. A resolution from the City of Hidden Hills urging the legislature of the State of Cali- fornia not to make any changes in the present formula for State subventions to cities. Street Name A resolution from the City of Westminster chang- Change ing the name of Westminster Avenue to Westminster Boulevard. Public Utilities Notice of Hearing from the Public Utilities Commission Commission of Application No. 83-02-04, Southern California Gas Company to revise tariff schedules related to utility electric generation service under the GN -5 rate schedule. CERTIFICATE OF PUBLIC Renewal of a Certificate of Public Convenience and CONVENIENCE Necessity was presented for Custom Towing, 1117-D Baker Street, Costa Mesa. On motion by Councilman McFarland, Custom Towing seconded by Vice Mayor Johnson, and carried 5-0, the renewal was approved subject to continued renewal of MOTION Zone Exception ZE-81-133 and compliance with all condi- Renewal Approved tions. BUSINESS PERAIT Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from the American Cancer American Cancer Society, 4030 Birch Street, Suite 101, Newport Beach, Society by door-to-door solicitation of funds. On motion by Councilman McFarland, seconded by Vice Mayor Johnson, MOTION and carried 5-0, the permit was approved from April 1 Permit Approved to June 30, 1983, with application of Section 9-2341 of the Costa Mesa Municipal Code. SET FOR PUBLIC On motion by Councilman McFarland, seconded by Vice HEARING Mayor Johnson, Resolution 83-9, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Abandonment of DECLARING ITS INTENTION TO ORDER THE VACATION OF SURPLUS Right-of-way CITY RIGHT-OF-WAY LOCATED BETWEEN CHURCH STREET AND South of 20th FULLERTON AVENUE, SOUTH OF 20TH STREET, setting a public Street hearing on March 21, 1983, at 6:30 p.m., was adopted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Resolution 83-9 McFarland, Schafer Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilman McFarland, seconded by Vice Mayor -Johnson, and carried 5-0, the following items were set for public hearing on March 21, 1983, at 6:30 p.m., in the Council Chambers of City Hall: Royale Associates/ For Royale Associates, authorized agents for Sakioka Fauns Sakioka Farms, Incorporated, 14850 Sunflower Avenue, Santa Ana: GP -83-1A General Plan Amendment GP -83-1A, for permission to amend the General Plan Designation of the parcel bounded by Sunflower Avenue, Avenue of the Arts, Anton Boulevard extension and Sakicka Drive (Lot 1 of Tentative Tract 10950-R2) from High Density Residential to Urban Center Resi- dential, and the "Construction Timing" and "Project Phasing" General Plan Guidelines of General Plan Amendment GP -78-3A (Revised) as modified by General Plan Amendment GP -82-2A. Environmental Determination: Supplement to Envirormlental Impact Report accepted for General Plan Amendment GP -78-3A. R-83-01 Rezone Petition R-83-01, for permission to rezone property located at the northeast corner of Anton Boulevard and Avenue of the Arts frau PDR -HD (Planned Development Residential - High Density) to PIP, -UC (Planned Development Resi- dential - Urban Center). ADMINISTRATIVE ACTIONS The Final Map was presented for Tract 11418, Tom Carney, 234 East 17th Street, Costa Mesa, developer; one lot, Final Map for 0.36 -acre, located at 2606 Elden Avenue, for condominium Tract 11418 - purposes. On motion by Councilman McFarland, seconded Carney by Vice Mayor Johnson, and carried 5-0, the map was approved; the Council did accept on behalf of the City MOTION of Costa Mesa: (1) an ingress/egress easement over Lot Map Approved One for emergency vehicle purposes as dedicated, and (2) a three-foot public utility easement as dedicated; and the Clerk was authorized to sign subject map on behalf of the City. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract 11657, J. Paul Tract 11657 - Herrick, 1400 Quail Street, Suite 190, Newport Beach, Herrick developer; one lot, 0.44 -acre, located at 2180 Elden Avenue, for condominium purposes. On motion by Council - MOTION man McFarland, seconded by Vice Mayor Johnson, the Map Approved map was approved; the Council did accept on behalf of the public the dedication of Elden Avenue for street purposes; did also accept on behalf of the City of Costa Mesa: (1) the three-foot public utility easement as dedicated, and (2) the ingress/egress easement as dedi- cated; 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 said map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "C"/ A change order to the contract with A.S.L. Consulting A.S.L. Engineering Engineers, 100 East Huntington Drive, Alhambra, was presented. Change Order "C", in an amount not to 19th Street exceed $5,900.00, is being requested to include the Widening design of drainage facilities in connection with the 19th Street Widening Project. On motion by Councilman MOTION McFarland, seconded by Vice Mayor Johnson, the change Change Order order was approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Installation of the South Coast Plaza Signal System has South Coast Plaza been canpleted to the satisfaction of the Director of Signal System Public Services by Paul Gardner Corporation, Post Office Box 3730, Ontario. On motion by Councilman McFarland, 1 MOTION seconded by Vice Mayor Johnson, the work was accepted; Improvements the Clerk was authorized to file a Notice of Completion; Accepted the Performance Bond was ordered exonerated 35 days after the Notice of Completion has been filed; the Labor and Material Bond was ordered exonerated seven months after the Notice of Completion has been filed; and authorization was given to release retention funds, in the amount of $20,791.73, 35 days after the Notice of Completion has been filed. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None Conference On motion by Councilman McFarland, seconded by Vice Advances Mayor Johnson, Conference Advances, in the amount of $315.00 each, for two police officers to attend the MOTION California Homicide Conference in Sacramento, March 2 to Advance Approved 4, 1983, were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Councilman McFarland, seconded by Vice Advance Approved Mayor Johnson, a Conference Advance, in the amount of $257.00, for a police officer to attend the Officer Survival Conference in San Luis Obispo, March 14 to 18, 1983, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None _ ABSENT: COUNCIL MEMBERS: None Permit Renewal On motion by Councilman McFarland, seconded by Vice for Ronstadt's Mayor Johnson, and carried 5-0, renewal of an entertain- ment permit for Ronstadt's, 719 West 19th Street, was MOTION approved subject to three conditions detailed in staff's Renewal Approved memorandum dated February 17, 1983. Vista Park Bids received for Renovation of Vista Park are on file Renovation in the Clerk's office. On motion by Councilman McFar- land, seconded by Vice Mayor Johnson, the contract was MOTION awarded to Hondo Company, 18392 East 17th Street, Santa Awarded to Ana, in the amount of $319,915.00, being the lowest bid Hondo Company meeting specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 573 Bids received for Bid Item 573, Asphalt for Street Asphalt for Repairs, are on file in the Clerk's office. On motion Street Repairs by Councilman McFarland, seconded by Vice Mayor Johnson, the contract was awarded as follows: Blue Diamond MOTION Materials, Post Office Box 432, orange, primary source; Awarded to Blue and R. J. Noble Company, Post Office Box 620, Orange, Diamond Materials secondary source. The motion carried by the following and R. J. Noble roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 574 Bids received for Bid Item 574, Demolition, Removal, and Demolition of Disposal of Various City Structures, are on file in the Various Buildings Clerk's office. On motion by Councilman McFarland, seconded by Vice Mayor Johnson, the contract was awarded R' MOTION to William L. Olson, Incorporated, Post Office Box 3786, Awarded to Granada Hills, -in the amount of $18,800.00, being the Willien L. Olson lowest bid meeting specifications. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 575 Bids received for Bid Item 575, One 10,000 -Pound Truck, One Truck are on file in the Clerk's office. On motion by Coun- cilman McFarland, seconded by Vice Mayor Johnson, the MOTION contract was awarded to Robinson -Erickson Ford, 650 Awarded to East Las Tunas Drive, San Gabriel, in the amount of Robinson -Erickson $8,797.00, being the lowest bid meeting specifications. Ford The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Traffic Signals On motion by Councilman McFarland, seconded by Vice Mayor Johnson, and carried 5-0, a petition requesting MOTION installation of traffic signals at the intersections of Referred to Valley Road and Victoria Street and Pacific Avenue and Traffic Commission Victoria Place, was referred to the Traffic Commission. Salary Increases In a memorandum dated February 9, 1983, the City Manager for Engineering has recommended that the classification of Associate Classifications Civil Engineer be assigned to Salary Range No. 173, which is a 2.5 percent increasse in compensation; and that the classification of Assistant Civil Engineer be assigned Salary Range No. 156, representing a 3.75 per - MOTION cent increase in compensation. On motion by Councilman Resolution 83-10 McFarland, seconded by Vice Mayor Johnson, Resolution Adopted 83-10, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING RESOLUTION NO. 82-78 AND ADOPTING CLASSIFICATIONS UNDER THE BASIC SALARY RESOLU- TION AND RATES OF PAY THEREOF, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Planning Division has requested approval of an Westec Services agreement between the City of Costa Mesa, Westec Ser - and Arnel vices, Incorporated, and Arnel Development Company, for Development preparation of an Environmental Impact Report (EIR) in connection with General Plan Amendment GP -82-3A. The EIR for GP -82-3A agreement stipulates that Arnel Development Company, the applicant, shall deposit with the City a cash sum of $24,300.00 to cover the cost of the preparation of the EIR and associated City administrative expenses. The.agreenent also specifies that the City agrees to pay Westec Services, Incorporated, the consultant, a sum not to exceed $22,115.00 for preparation of MOTION subject report. On motion by Councilman McFarland, Agreement Approved seconded by Vice Mayor 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: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Street Name Change Item 5 on the Consent Calendar was presented, proposed of 22nd Street to street name change requested by the Costa Mesa Traffic Victoria Street Commission changing the name'of 22nd Street to Victoria Street. The Planning Commission recommended denial. 1 MOTION Name Change Abandoned OLD BUSINESS R-82-10 California Pacific Properties MOTION Ordinance 82-16 Adopted Cable Television MOTION Ordinance Adopted Indecent Exposure MOTION Ordinance Adopted Councilwoman Schafer commented that the street name change was considered by the -Council several years earlier and that the name change was rejected. She also stated that the Newport Beach City -Council had considered changing the name of .22nd Street within their City Limits to Santiago Drive, however, that Council decided against the name change. Councilwoman Schafer made a motion to abandon consideration of the street name change. The motion was seconded by Vice Mayor Johnson, and carried 5-0. On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, Ordinance 82-16, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY LOCATED AT 3088 BRISTOL STREET FROM Cl TO PDC, in connection with Rezone Peti- tion R-82-10, California Pacific Properties Corporation, was given second reading and adopted by the 'following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Clerk presented for second reading and adoption, Ordinance 83-2 relating to franchises for a cable communications system. Timothy Brennan, 1753 Santa Ana Avenue, Costa Mesa, who is affiliated with the South Coast Repertory Theatre, stated that the communications system will be an excellent opportunity to present cultural activities to the community. Mr. Brennan expressed his hope that cultural organizations will be able to submit input for presentation of the performing arts through the proposed cable system. On motion by Councilwoman Schafer, seconded by Vice 83-2 Mayor Johnson, Ordinance 83-2, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING ORDINANCE NO. 72-35 AND ADOPTING ORDINANCE NO. 83-2 RELATING TO FRANCHISES FOR COMMUNITY ANTENNA TELEVISION SYSTEMS, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilwoman Hertzog, seconded by Vice Mayor Johnson, Ordinance 83-5, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE COSTA MESA MUNICIPAL CODE RELATING TO 83-5 INDECENT EXPOSURE, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall,,Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Fair Drive The Clerk presented a request from College Park resi- Landscaping dents regarding landscaping improvements on Fair Drive. Improvements The City Manager reported that staff is recommending that the project proceed as originally planned. Trailed Since there were no representatives present at this time from the College Park Homeowners Association, Councilwoman Hertzog suggested, and the Council agreed, that this item be trailed until later in the meeting. WARRANTS On motion by Councilman McFarland, seconded by Council- woman Hertzog, Warrant Resolution 1205, including E Mt' MOTION Payroll 8303, was approved by the following roll call Warrant 1205 vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY The City Attorney presented a proposed amendment to the REPORTS 72 -hour parking ordinance. The change is recommended to make the regulation more effective in preventing the 72 -Hour Parking storing of automobiles on public streets. Ordinance On motion by Councilman McFarland, seconded by Vice MOTION Mayor Johnson, Ordinance 83-6, being AN ORDINANCE OF Ordinance 83-6 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, First Reading AMENDING THE 72 -HOUR VEHICLE PARKING PROVISION, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented the Final Map and Subdivision REPORTS Agreement for Tract 11314, Jimmy and Becky Brooks, 1001 West 17th Street, Suite 5, Costa Mesa, developers; one Final Map for lot, 1.50 acres, located at 2188-2200 Canyon Drive, for Tract 11314 condominium purposes. MOTION On motion by Councilman McFarland, seconded by Vice Map Approved Mayor Johnson, the map and agreement were approved; the Council did accept on behalf of the City of Costa Mesa the ingress/egress easement for emergency and security vehicle purposes as dedicated; the Council did also approve subject map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; the Mayor and Clerk were authorized to sign the subdivision agreement, 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: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING . The Clerk announced that this was the time and place Appeal of ZE-82-166 set for the public hearing to consider the appeal of Webber Zone Exception ZE-82-166 from Alan Webber, 221 Indian- apolis Street, Huntington Beach, for a variance from requirements regarding installation of street improve- ments, curb, gutter, and sidewalk in conjunction with the approved expansion of an existing single-family dwelling located at 2166 Pacific Avenue in an R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A communication has been received from Thomas Bernatz, Quiet Bay Homes, 2914 East Katella Avenue, Suite 203, Orange, supporting denial of the zone exception. A petition has been received which expresses willing- ness to participate with the City to form an Assessment District in order to properly improve the street, as a whole rather than by individual sections, and to install sidewalks, curbs, and gutters. The petition was signed by citizens residing at 2172, 2166, and 2160 Pacific Avenue, and at 1142 and 1138 Victoria Place. The Development Services Director reviewed staff's memorandum dated February 17, 1983, which outlines the 1 ,321 history of the remodeling and enlargement of an existing dwelling unit on subject property. In regard to the requested variances from requirements for installation of street improvements, curb, gutter, and sidewalk, the Planning Commission was unable to find adequate justification warranting approval and denied the zone exception based on the analysis and findings contained in the Staff Report with the follow- ing additional directions: (a) Applicant was required to comply with all condi- tions of Building Permit No. B-3574 prior to occupancy of the residential structure on subject property. (b) Applicant was directed to submit revised con- struction plans for review and approval by the Building -Safety and Planning divisions. Location and materials of the new driveway were to be shown on revised plans. (c) Applicant was also required to record a Land Use 'Restriction guaranteeing that subject development will be utilized only as a single-family dwelling unless all conditions of the City Code for multi- family development are met. Applicant objected to the requirement for a recorded Land Use Restriction indicating that plans submitted clearly showed that there would not be a second living unit on .the property. Review of revised plans submitted by the applicant show that modifications to the garage and the addition of a loft will not result in an addi- tional dwelling unit, however, the revised plans are incomplete and do not contain sufficient information to eliminate all of staff's concerns nor to allow the Building Safety Division to plan check the added storage loft. Therefore, staff requests that the requirement for a Land Use Restriction be waived only after staff review and approval of conplete revised plans. Staff's previously -mentioned memorandum also recommends that the aforementioned Item (c) be modified by adding the sentence, "This requirement may be waived if, in the opinion of the Director of Development Services, revised plans adequately demonstrate that the structure will not lend itself to conversion into two units". In answer to questions from Mayor Hall, the Public Services Director reported that cost of improvements is estimated to be between $3,500.00 and $6,000.00. If an Assessment District is formed, the cost has been estimated at $5,000.00 (77 feet at $65.00 per foot). Alan Webber emphasized that he did not intend to have two units, and reiterated his opposition to the recorded Land Use Restriction requirement. During his slide presentation, Mr. Webber questioned the City's estimate, $3,500.00 to $6,000.00, for the required street improvements. He expressed his opinion that the cost would be closer to $13,000.00. Mr. Webber also voiced his concern over the increased amount of water running onto Pacific Avenue during the winter months. He stated that if the street improve- ments are done in a piecemeal manner, the water runoff will not be resolved, and the only solution to the problem is to construct all street improvements at one time. Mr. Webber proposed a joint venture with the City in forming an Assessment District. Bill Gilbert, 2172 Pacific Avenue, opposed section -by - section improvement and supported a joint venture, at a reasonable cost, for improvement of the entire street. Gary Lucas, 1138 Victoria Place, expressed support of an Assessment District. There being no other speakers, the Mayor closed the public hearing. Vice Mayor Johnson voiced his support of collective participation for the improvements. Mayor Hall suggested that Council first decide if Mr. Webber must complete the required improvements prior to occupancy. Councilman McFarland voiced his concern that if the applicant is allowed to occupy the building prior to Council's direction to staff, then the City would be in a poor negotiating position. Councilman McFarland pointed out that Mr. Webber was aware that the improve- ments were required at the time he obtained building permits. He also suggested that if Council decides to investigate the formation of an Assessment District, then applicant should be required to post a bond in an amount equal to the estimated cost in order to insure construction of improvements if a mutual agreement cannot be reached. Councilwoman Hertzog suggested that the applicant submit a bond in an amount between $3,000.00 and $5,000.00 and that the City work with the property owners to'resolve the problem. A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Johnson, approving Zone Exception ZE-82-166, permitting the Webbers to occupy subject building prior to the time an agreement is made for street, sidewalk, and curb and gutter improvements, however, they are required to submit a $3,000.00 bond for future con- struction of these improvements; applicants were directed to submit complete revised construction plans for review and approval by the Building Safety and Planning divisions, with location and materials of the new driveway to be shown on the revised plans; and applicants are to continue negotiations with the City and their neighbors for possible formation of an Assess- ment District. Councilman McFarland was concerned over the amount of the bond in that it was not sufficient to cover the estimated costs discussed earlier in the hearing, that is, from $3,500.00 to $6,000.00 plus engineering costs. Councilwoman Hertzog amended her motion to increase the amount of the bond to $6,000.00. The amended motion was seconded by Vice Mayor Johnson. After further discus- sion, -Councilwoman Hertzog again amended her motion by deleting the requirement for a Land Use Restriction, shown on Page 2, Item D, in staff's February 17 memor- andum. The latter amended motion was seconded by Vice Mayor Johnson. Councilman McFarland made a substitute motion to include the recorded Land Use Restriction requirement, however, the motion died for lack of a second. 1 `32 MOTION- Mayor Hall called for a vote on Councilwoman Hertzog's Approve ZE-82-166; amended motion approving Zone Exception ZE-82-166 by Allow Occupancy; permitting the Webbers to occupy subject building prior Require Submittal to the time an agreement is made for street, sidewalk, of Bond; Submit and curb and gutter improvements; that applicants be Revised Plans; required to submit a $6,000.00 bond for future construc- Delete Land Use tion of these improvements; applicants were directed to Restriction submit complete revised construction -plans for review and approval by the Building Safety and Planning divi- sions, with location and materials of the new driveway to be shown'on the revised plans; applicants are to continue negotiations with the City and their neighbors for possible formation of an Assessment District; and the requirement for a recorded Land Use Restriction was deleted. The amended motion carried 5-0. Fair Drive Mayor Hall announced -that representatives from the Landscaping College Park area were now present and therefore the Improvements Fair Drive Landscaping Improvements, trailed from earlier in the meeting, would now be discussed. A memorandum from the Director of Leisure Services dated February 17, 1983, states that on January 26, 1983, a meeting was held with the College Park homeowners to discuss their request to screen those cul-de-sacs which back onto the improvement project along Fair Drive. Also attending the meeting were City staff and two representatives from the landscape architectural firm of Robert Clark Graves, Incorporated, 2192 Dupont Drive, Suite 216, Irvine. Five alternatives are outlined in a report and plans prepared by the landscape architect, and the report includes total cost of construction and maintenance. The Director's memorandum indicates that everyone at the meeting agreed that the least successful approach would be to use Alternative "E", shrub solution, because of maintenance costs and aesthetics. Lee Friedersdorf, 2515 Andover Place, Costa Mesa, expressed his preference for Alternative "B", five-foot masonry wall at the end of each cul-de-sac. Cost for construction of this alternative is approximately $53,040.00. Mr. Friedersdorf stated that his reason for selecting Alternative "B" is because of the increased traffic which will be generated by the planned develop- ments at the Orange County Fairgrounds. He expressed his opinion that the cost of the walls is very minimal in comparison to the the amount of money being spent for the Fairgrounds developments and suggested that the City request the State and their developers to share in the cost of the masonry walls. Mr. Friedersdorf listed the alternatives in order of preference: B, D, C, and A. Mr. Friedersdorf answered questions from the Council and further reiterated his concern over the new devel- opments planned at the Fairgrounds and the increased traffic which will result. Councilwoman Schafer asked if any homeowners have attended the monthly meetings held at the Fairgrounds to express their concerns, and Mr. Friedersdorf responded that he was not aware of the new developments until recently. Diane Friedersdorf, 2515 Andover Place, stated her opinion that .the Council should represent the citizens at the Fairgrounds meetings. She further commented on her desire to keep the neighborhood private, in good condition, and safe for children and animals. Mrs. Friedersdorf concluded that the cost for construction of Alternative "B" was not a great deal of money. Frank Smaldino, 2512 Andover Place, offered his opinion that Alternative "B" is the only plan agreeable to him. Mr. Smaldino stated he did not approve of the develop- ments planned at the Fairgrounds and suggested that City Council protest to the Fairgrounds Board on behalf of the citizens of his neighborhood. Donna Smaldino, 2512 Andover Place, stated that since renovation has begun on Fair Drive, traffic noise is louder and automobile lights shine into her livingroom. Mrs. Smaldino also supported Alternative "B". Martha Kuehne, 2519 Andover Place, expressed opposition to removal of the shrubs along Fair Drive, stating that noise has increased. She supported Alternative "B".. Councilwoman Schafer stated that she resides in the College Park area and she, as well as other residents of the area who called her, felt that the Oleander bushes were detrimental to safety because of sight impairment. Councilwoman Schafer also expressed her opposition to construction of the masonry walls for safety reasons and high cost. She reported that she has received calls from residents of College Park indicating their support of the open effect of the present plans. Councilwoman Schafer expressed her opinion that if the City consents to construction of the masonry walls along Fair Drive, other areas in the City, many of which have higher traffic volume than Fair Drive, will expect the same improvements at City expense. Councilman McFarland referred to a map showing daily traffic counts on various streets within the City. He pointed out the various City streets which have far more daily trip ends than Fair Drive. Councilman McFarland suggested that the homeowners pay the cost of building walls for their properties. Diane Friedersdorf again stated her support of a masonry wall as described in Alternative "B" and expressed her opinion that College Park was a unique area and should not be compared to other neighborhoods. Councilman McFarland responded that College Park is not a unique area and the residents should assume responsiblity for construction of walls. Motion to Deny A motion was made by Councilman McFarland, seconded by Failed to Carry Councilwoman Hertzog, to deny the request to proceed with Alternative "B" and to continue improvements along Fair Drive as originally planned. The motion failed to carry, Council Members, Hall, Johnson, and Schafer voting no. Councilman McFarland commented that construction of masonry walls will create visual and maintenance prob- lems. He further stated that this neighborhood is not a unique area, and that if the City pays the cost for Alternative "B", then the entire City should be bene- fitted by the same improvements. Councilwoman Schafer expressed her understanding of Councilman McFarland's concern. She stated her opinion that the maintenance costs would be excessive and she was not convinced that the five-foot wall would be an adequate noise buffer. Councilwoman Schafer suggested that Council study this matter in greater detail, possibly at a Study Session. 1 Vice Mayor Johnson agreed that the Council did not have sufficient information and further study should be considered. Lee Friedersdorf interjected that cost of maintenance for a masonry wall is not expensive and that all alternatives were designed for low maintenance cost. Councilwoman Hertzog commented that she did not believe that construction of masonry walls is the answer. She suggested that no decision be made until the present project is canpleted in order to determine if any further work is actually needed. MOTION Proceed with A motion was made by Councilwoman Hertzog, seconded by Project; Review Councilwoman Schafer, to complete the project as pre - Alternatives sented by staff, and review the proposed alternatives at Later Date at a later date. ..The motion carried 5-0. RECESS Mayor Hall declared a recess at 9:00 p.m., and the meeting reconvened at 9:10 p.m. NEW BUSINESS The Clerk presented an appeal of a decision by the Director of Public Services that the unique USA Today USA Today newsracks (blue and white) do not meet the standards of Newsracks Ordinance 79-9 and, therefore, should be removed from the public right-of-way. The appeal was submitted by R. Noel Hatch, attorney for USA Today, 611 West Sixth Street, Suite 1900, Los Angeles. The Director of.Public Services reviewed his memorandum dated February 17, 1983, which details the background of his decision, the history of the newsrack ordinance, facts concerning USA Today newsracks presently installed in various locations within the City, findings on which his decision was based, and his recommendation to deny use of the unique newsracks proposed by USA Today. Noel Hatch, representing USA Today, explained that blue and white newsracks were to be used consistently throughout the United States and were essential to the survival of the new newspaper. He ccnmented that the newsracks were well constructed and attractive and were specially designed to remind viewers of USA Today satellite and television technology. Mr. Hatch asked that a temporary variance or permit be approved to allow USA Today to be marketed in the unique blue and white newsrack until the newspaper has established itself in the market along with the newspapers already famililar to citizens of Costa Mesa. In response to questions frau the Council, Mr. Hatch expressed his opinion that other newspapers will not request permission to change their newsracks because of the high cost. Discussion was also held concerning newsrack ordinances in various cities. Mayor Hall, referring to the aforementioned memorandum from -the Director of Public Services, pointed out that in addition to aesthetics and pedestrian safety, the primary objective of the ordinance was to prevent racks ` fran distracting the attention of motorists driving along City streets. The Director of Public Services pointed out that only six blue and white newsracks are in the public right- of-way.. ightof-way.. All others are on private property: He also mentioned that the City of Costa Mesa does'not allow on -street parking on arterial highways and the ordi- nance is intended to require a newspaper buyer to park off the street when he stops to buy a paper. The ordinance requires all newsracks to be approximately the same size, shape, and color so that a motorist cannot determine frau his car if a particular news- paper is enclosed. As a result, traffic flow is not slowed or impeded by motorists shopping for a particu- lar newspaper while driving along the street. Sid Soffer, 900 Arbor Street, Costa Mesa, supported the request of USA Today to be allowed to use the blue and white newsracks. Councilman McFarland expressed concern over granting special privileges to any one newspaper, stating that to do so would make the City's ordinance ineffective. Councilwoman Hertzog voiced her agreement with Council- man McFarland's statement and clarified that the blue and white newsracks are to be removed from public rights-of-way but will be allowed to remain on private property. MOTION A motion was made by Councilman McFarland, seconded by Request Denied Councilwoman Hertzog, to deny the request to allow USA today blue and white newsracks within the public right- of ightof way, based on the following findings: 1. The proposed unique blue and white newsrack does not meet the City's ordinance standards of size, shape, and color. 2. To allow use of the unique rack would thwart the purposes of the City ordinance and endanger pedes- trian and vehicular safety and detract from the aesthetics of the required uniform racks. 3. To allow use of the unique racks would grant USA Todaya privilege and advantage over the other newspapers that comply with the requirement for standardized racks. 4. There are sufficient locations on private property that are available for locating the unique racks. 5. The imposition of the requirements of this ordinance does not restrict the availability of USA Today to the newspaper buyer in the City. The motion carried 5-0. ORAL Sid Soffer, 900 Arbor Street, Costa Mesa, reported that COMMUNICATIONS he has discovered an appellate case relating to dedica- tion of land when property is being developed. Mr. Soffer offered to give a copy of that case to the City Attorney. ADJOURNMENT At 10:05 p.m., Mayor Hall adjourned the meeting to February 24, 1983, at 6:30 p.m., at the Newport Beach Library, for the purpose of holding a joint session with the cities of Newport `cfi; ibvine, d Santa Ana, to discuss the C CS traffic syst Mesa ATTEST: 6y) City _Clerk of the City of Costa sa